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HomeMy WebLinkAbout4.8 Revisions to the Personnel SystemAgenda Item 4.8 r Alt DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: September 5, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.JECT: Revisions to the Personnel System Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: The City Council will consider proposed changes to the City's current Personnel System. The proposed adjustments are a result of the Employee Process conducted earlier this year, as well as the need to revise the City's Classification Plan. STAFF RECOMMENDATION: Adopt the following: 1) Resolution Amending the Personnel System Rules; 2) Resolution Amending the Benefit Plan in Accordance with Personnel Rules; 3) Resolution Amending the Salary Plan for Full -Time Personnel and Management Positions Exempt from Competitive Service; 4) Resolution Amending the Classification Plan; and 5) Resolution Designating the Management Positions Exempt from Competitive Service FINANCIAL IMPACT: The fiscal impact of the benefit enhancement proposed herein is approximately $492,046. Of that, $151,500 is a one-time expense, and $340,546 is for on -going structural changes. However, due to the fact most of the costs will not be incurred until January 1, 2024, the Fiscal Year 2023-24 budget impact is estimated to be $302,723.25. These costs will be incorporated into the Fiscal Year 2023-24 mid -year budget review. DESCRIPTION: In recent months, the City Manager has been in discussions with City employees regarding City - paid salaries and health and welfare benefits. These discussions, collectively known as the Employee Process, were conducted to collaborate with employees about ways the City can improve its benefit offerings to promote equity, inclusiveness, and diversity and to aid in our recruitment and retention efforts. On May 9, 2023, and again on August 15, 2023, the City Manager Page 1 of 6 200 met in Closed Session with the City Council as the Agency Negotiator to discuss and review the Employee Process. As summarized below, the City Council will consider approving several modifications to the City's Personnel System Rules, Benefit Plan, and Salary Plan pursuant to these discussions. In addition, modifications to the City's Class Plan and Management Positions Exempt from Competitive Service are being proposed to add two new classifications to the City's list of employees. Personnel System Rules The City has adopted rules for the administration of the City's Personnel System. As a result of the Employee Process, the City Manager is recommending the following amendments to the Personnel System Rules (Attachment 1): • Add language regarding the cash -out of general leave. • Convert Civic Service leave to a floating holiday. • Add language defining workweeks such that the City can offer 9/80 schedule option to employees. • Add language clarifying the value of leaves for those on a 9/80 schedule. In addition, the City Manager is recommending the following amendments to update the Rules with current practices and to be compliant with Ca1PERS requirements: • Add language regarding an employee's duty and obligation as a Disaster Service Worker. • Update the following sections to be consistent with current City practice: o Market Rate Adjustments o Performance Pay Adjustments o Salary Following Promotion • Incorporate all leave language applicable to management employees by moving it from the Resolution Designating Management Position Exempt from Competitive Service to the Personnel System Rules. This will bring leave benefits for all employees into a single document, making it more transparent to employees. • Add language clarifying the distinction between Temporary Upgrade Pay and Special Assignment Pay, for Ca1PERS purposes. Benefit Plan The City's Benefit Plan provides a summary of health and welfare benefits such as medical, dental, vision, life, disability insurance, and retirement programs the City provides. As a result of the Employee Process, the City Manager recommends the following amendments to the Benefit Plan (Attachment 4): • Market Rate Adjustments o Salary range adjusted annually on July 1 based on the Consumer Price Index (CPI) changes for the 12 months ending in February with a floor of 1% and a ceiling of 3.5%. Included for years 2023, 2024, 2025 and 2026. o A one-time lump -sum payment of $1,500/per employee to acknowledge the recent higher -than -normal CPI. • Merit -Based Adjustments Page 2 of 6 201 o Provided annually for the period of July 1, 2023, through June 30, 2026, of up to 3%, based on employee's individual performance. • Medical o Beginning January 1, 2024, the City's contribution to medical will be based on the employee's level of enrollment (i.e., employee only, two-party, or family plan). Contributions will be $1,260/month for employee only, $2,255/month for two-party plans, and $2,525 for family plans. o For medical plan years 2025, 2026 and 2027, City contributions will increase by half of the percent increase in Kaiser premiums at each level, except if the newly calculated amount exceeds the actual rate of Kaiser for the given year. If this situation occurs, the City contribution from the prior year will carry forward. o Beginning January 1, 2024, the health in -lieu opt -out for medical will be based on the level of insurance coverage the employee could receive if they were to enroll in a City -sponsored medical plan; specifically, $250 for employee only, $450 for two- party coverage, and $625 for family coverage. • Dental o Beginning January 1, 2024, the City will add an opt -out option for dental insurance based on the level of coverage the employee could receive if they were to enroll in a City -sponsored dental plan; specifically, $25 for employee only, $50 for two-party coverage, and $75 for family coverage. • Retirement o Language changes to clarify benefit and employee contributions. No change to benefits being offered or employee contributions amounts with the updates. • Retiree Medical o Add language that memorializes the current practice of annual increase. There is no change to the current benefits being offered or who is eligible. • Deferred Compensation o Addition of a $50/month match for employees. • Holidays o Convert Civic Service Leave to a floating holiday and add one holiday for employees to celebrate their cultural or religious holidays. • Car Allowance o Update list to reflect the following: ■ List in alphabetical order. ■ Add Principal Engineer. ■ Remove Planning Director. o Add Communications Manager and Parks and Community Services Manager as these classifications often are required to travel throughout the City to conduct City business. Salary Plan Included in the City's Personnel System are Resolutions that address salary ranges for City personnel. As part of the 2023 Employee Process, a total compensation survey was conducted for benchmark classifications. Those classifications that were below the sixty-fifth (65th) percentile of comparator agencies are being recommended to be brought to market. Attachment 7 amends Page 3 of 6 202 ranges for Fiscal Year 2023-24 to reflect changes resulting from the total compensation survey as well as adds ranges for the classifications of Accounting Manager and Principal Engineer. The following ranges will increase by the stated percentage (top and bottom) as a result of the total compensation survey: ASSISTANT CITY MANAGER 5.68% ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT 3.67% ASSISTANT FINANCE DIRECTOR 1.91% ASSISTANT PARKS & COMMUNITY SERVICES DIRECTOR 1.59% ASSISTANT PUBLIC WORKS DIRECTOR/CITY ENGINEER 6.44% BUDGET ANALYST 4.04% CHIEF BUILDING OFFICIAL 0.63% CHIEF INFORMATION SECURITY OFFICER 25.79% CITY CLERK 5.55% CODE ENFORCEMENT OFFICER 1.66% COMMUNITY DEVELOPMENT DIRECTOR 4.90% DEPUTY CITY CLERK 1.14% DEPUTY CITY MANAGER 6.32% ECONOMIC DEVELOPMENT DIRECTOR 10.96% ENVIRONMENTAL COORDINATOR 4.04% ENVIRONMENTAL TECHNICIAN 2.03% FINANCIAL ANALYST 4.04% GIS COORDINATOR 5.92% GRAPH DES & COMM COORDINATOR 20.04% HOUSING SPECIALIST 4.04% HUMAN RESOURCES DIRECTOR 10.96% MAINTENANCE COORDINATOR 4.03% MANAGEMENT ANALYST I 4.06% MANAGEMENT ANALYST II 4.04% PARKS & COMMUNITY SERVICES DIRECTOR 1.25% PLANNING MANAGER 0.69% PUBLIC WORKS DIRECTOR/ASSISTANT ENG 7.79% SENIOR CODE ENFRCMNT OFFICER 0.65% SENIOR MANAGEMENT ANALYST 4.04% The following classifications are vacant and as a result of the total compensation survey will be brought down to market position: Page 4 of 6 203 PUBLIC WORKS TECHICIAN I -8.45% PUBLIC WORKS TECHNICIAN II -7.52% FINANCE TECHNICIAN II -4.91% FINANCE TECHNICIAN I -4.91% PUBLIC WORKS INSPECTOR -3.23% ACCOUNTING MANAGER -0.99% ASSISTANT TO THE CITY MANAGER -0.97% Classifications over market will not be adjusted at this time and instead will be re-evaluated in April 2024 to determine if the range should be adjusted based on CPI on July 1, 2024, or remain consistent for Fiscal Year 2024-25. Employees' positions in these ranges will not be adjusted as a result of these changes, except for two employees whose current salaries fall below the minimum of the new range. Classification Plan Pursuant to the City's Personnel System Rules, a job description must be adopted for each classification in the organization. The job description typically includes key elements, knowledge, skills, abilities, and requirements of the position. The job descriptions make up the City's Classification Plan. Attachment 9 includes the following amendments: • Updating the Classification Plan by adding the classification and job descriptions for Accounting Manager. The Accounting Manager is a newly created classification as part of the re -organization to the Finance Department. Governmental Accounting continues to evolve and become more complex requiring a need for a higher -level accountant that can specifically oversee the day-to-day supervision of accounting and finance technician personnel by delegating, planning, and reviewing work to ensure the City's compliance with all accounting standards. In addition, this position will be coordinating with the City's outside auditor in preparing for upcoming changes to these standards, which are occurring more frequently and are more complex in nature. This position will replace the vacant Assistant Finance Director position allocated in the Fiscal Year 2023-24 budget. • Updating the Classification Plan by adding a Principal Engineer classification and job description. This position was added to the Fiscal Year 2023-24 budget and is responsible for the Development Engineering section of Public Works, including budget creation, supervision, recruitment, and consultant management. The current Senior Civil Engineer will be reclassified to this management -level position, more accurately reflecting the responsibilities and duties of the position. • Updating the job description for the Graphic Design and Communications Coordinator. Upon review of the job description, duties, and salary range, it was determined that the work being performed by this classification is more appropriately classified as an exempt position, rather than a non-exempt designation. To change this designation, the job Page 5 of 6 204 specification had to be updated. While updating for FLSA designation, the specification was also updated to reflect the current duties of the position more accurately. Management Positions Exempt from Competitive Service The City Council has adopted a resolution which lists the classifications that are exempt from competitive service and prescribes leave benefits for these classifications. The City Manager recommends moving the leave benefits included in the resolution to the City Personnel Rules for consistency and transparency reasons. In addition, the updated resolution (Attachment 13) re- states the classifications exempt from competitive service, including the addition of the newly created Accounting Manager and Principal Engineer classifications. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Amending the Personnel System Rules 2) Exhibit A to the Resolution - Personnel System Rules 3) Exhibit B to the Resolution - Personnel Systems Rules (redline version) 4) Resolution Amending the Benefit Plan in Accordance with Personnel Rules 5) Exhibit A to the Resolution - Benefit Plan 6) Exhibit B to the Resolution - Benefit Plan (redline version) 7) Resolution Amending the Salary Plan for Full -Time Personnel and Management Positions Exempt from Competitive Service 8) Exhibit A to the Resolution - Salary Plan 9) Resolution Amending the Classification Plan 10) Exhibit A to the Resolution - Accounting Manager Job Specification 11) Exhibit B to the Resolution - Principal Engineer Job Specification 12) Exhibit C to the Resolution - Updated Graphic Design and Communications Coordinator Job Specification (redline version) 13) Resolution Designating the Management Positions Exempt from Competitive Service Page 6 of 6 205 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE PERSONNEL SYSTEM RULES WHEREAS, the City Council is authorized to adopt rules for the administration of the City's personnel system; and WHEREAS, the City Council adopted resolution No. 111-20 and subsequent amendments updating the Personnel System Rules; and WHEREAS, the objective of these rules is to facilitate efficient and economical services to the public and provide for an equitable system of personnel management in municipal government; and WHEREAS, the City periodically amends the Personnel Rules to be current with City practices, personnel law, benefit provisions, or conditions of employment; and WHEREAS, the leave benefits for Management Employees Exempt from Competitive Service was last adopted by Resolution 110-15, and subsequent amendments, but is now being incorporated into the Personnel System Rules, for consistency and transparency purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend the Personnel System Rules, attached hereto as Exhibit A, which shall supersede the Personnel System Rules adopted by Resolution 111-20 and any subsequent amendments. BE IT FURTHER RESOLVED that the leave benefits for positions exempt from competitive service previously outlined in Resolution No. 110-15, and subsequent amendments, will be incorporated into the overall Personnel System Rules adopted by this resolution. PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 206 Attachment 2 Exhibit A to the Resolution City of Dublin w Personnel System Rules Last Updated — September 5, 2023 207 Table of Contents I. INTRODUCTION 1 2. EMPLOYER / EMPLOYEE RELATIONS 1 3. DEFINITION OF TERMS 1 4. CLASSIFICATION PLAN 4 5. RECRUITMENT AND SELECTION 5 6. PERFORMANCE EVALUATION PROGRAM 9 7. FITNESS FOR DUTY EVALUATIONS 10 8. PERSONNEL FILES 10 9. WAGE AND HOUR BENEFITS 11 10. WORKWEEK, CALL-BACK PAY, MEAL PERIODS, AND LACTATION BREAK 15 11. LEAVES 17 12. TRANSFERS 27 13. LAYOFF AND RECALL 27 14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE 28 15. GRIEVANCE PROCEDURE 28 16. DISCIPLINE/GENERAL RULES OF CONDUCT 29 17. RESIGNATIONS 34 18. NON-DISCRIMINATION AND HARASSMENT 34 19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES 34 20. OUTSIDE EMPLOYMENT 35 21. VOLUNTEERS 35 22. DRUG AND ALCOHOL -FREE WORKPLACE 36 23. NEPOTISM 36 24. GIFTS AND GRATUITIES 36 25. USE OF INFORMATION AND ELECTRONIC SYSTEMS 37 26. DRESS CODE 37 27. USE OF CITY EQUIPMENT 38 28. TRAVEL AND TRAINING POLICY 38 29. MISCELLANEOUS 38 208 1. INTRODUCTION These Personnel Rules (hereafter "Rules") generally describe the employment relationship between the City of Dublin (City) and its employees. The Rules apply to all employees, except where otherwise indicated in these Rules, or where an applicable memorandum of understanding (MOU), or Resolution, specifically conflicts with a Rule. City Policies are in conjunction with the Rules. Each employee will receive a copy of these Rules and related City Policies and is responsible for reading and adhering to the Rules and Policies. 1.2. These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by the City Council. 1.3. The City Manager, or designee is vested with the responsibility to interpret these Rules in the event any provision of these Rules is deemed to be ambiguous. 2. EMPLOYER/ EM PLOYEE RELAT I O N S 2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown Act (MMBA), Government Code section 3500, et seq. The City has in place an Employer -Employee Relations Resolution, which specifies the City's local rules, rights and obligations regarding labor relations. 2.2. Under the City's Employer -Employee Relations Resolution, and the MMBA, the City recognizes certain labor organizations as the exclusive representative for purposes of labor negotiations. For non -represented employees, the City consults in good faith with all employees regarding wages, hours, benefits, working conditions, and other items of mutual interest and provides advance notice of certain matters as specified in the City's Employer -Employee Relations Resolution. Such consultation shall be in accordance with the law. 2.3. City Employee pay schedules and various health and welfare benefits are set forth in the City's Salary and Benefit Plans and are adopted by the City Council. 2.4. Employees having questions concerning matters related to their classification, salary, or health and welfare benefits may contact City's Human Resources directly. 3. DEFINITION OF TERMS All words and terms used in this section and in any City Ordinance or Resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the following words and terms most commonly used are hereinafter defined: 3.1 "Advancement": A salary increase within the limits of a pay range established for a Page I of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 209 class." 3.2 "Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. 3.3 "Appointing Authority": The appointing authority of employees in the Competitive Service is the City Manager. The City Manager shall either approve the appointment, removal, promotion or demotion of all City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by Ordinance or Resolution by the City Council. 3.4 "Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title with common standards of selection, transfer, demotion, and salary. 3.5 "Classification Plan": The designation by City Resolution of the City Council of a title for each class, together with the specifications for each class as prepared and maintained by the City Manager, or designee. 3.6 "Class Specifications": A written description of a job classification, setting forth the essential characteristics, knowledge, skills, abilities and the requirements of positions allocated to the classification. Such documentation may also be referred to as a Classification Description. 3.7 "Competitive Service": All positions of employment in the service of the City except those excluded as specifically set forth in the Dublin Municipal Code Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any amendments thereto) or its successor. 3.8 "Demotion": The movement of an employee from one class to another class having a lower maximum base rate of pay. 3.9 "Domestic Partner". "Domestic Partner" as defined by the State of California in an appropriate Code Section. 3.10 "Eligible": A person whose name is on an employment list. 3.12 "Employment List": (a) Open employment list: A list of names of persons who have taken an open - competitive examination for a class in the Competitive Service and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the Competitive Service and have qualified. Page 2 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 210 3.13 "Examination": (a) Open -competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. 3.14 "Full -Time Position": A position in the Competitive Service requires at least forty (40) hours per week. A full-time position may be either temporary or regular. 3.15 "Immediate Family": Means parent, current spouse or domestic partner, child, current stepchild, grandparent, brother, current stepbrother, current brother-in- law, sister, current stepsister, current sister-in-law, current mother-in-law or current father -in- law. 3.16 "Part -Time Position": A position having a work week of fewer hours than the work week established for full-time positions. A part-time position may be either temporary or regular. 3.17 "Personnel Ordinance": Ordinance which creates a personnel system and rules for the City as codified in the Dublin Municipal Code Title 2. 3.18 "Position": A group of duties and responsibilities in the Competitive Service requiring the full-time or part-time employment of one person. 3.19 "Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. During such period, an employee is considered at -will and may be terminated at any time without cause. 3.20 "Promotion": The movement of an employee from one class to another class having a higher maximum base rate of pay. 3.21 "Provisional Appointment": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six (6) months. 3.22 "Recruitment": (a) Open: A recruitment for a particular class which is open to all persons meeting the qualifications for the classification. Page 3 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 211 (b) Promotional: A recruitment for a particular class which is open only to employees meeting the qualifications for the classification. 3.23 "Regular Employee": An employee in the Competitive Service who has successfully completed the probationary period and has been retained as provided in these Rules. 3.24 "Reinstatement": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non -probationary employee. 3.25 "Temporary Employee": An employee who is appointed to a temporary or a permanent position for a limited period of time. 3.26 "Temporary Position": A full-time or part-time position of limited duration. 3.27 "Transfer": A change of an employee from one position to another position in the same class or in a comparable class. 3.28 "Work Period": A normal work period shall begin at 12:01 a.m., Saturday and shall end at 12:00 midnight on the following Friday. Alternate work periods may be established in accordance with these rules. 4. CLASSIFICATION PLAN 4.1. The City maintains a set of job classification descriptions. Each job classification description includes a class title and a general written description of the duties and responsibilities. Classification descriptions are readily available electronically from the City's Internet website, City's internal intranet website and are available upon request to City Human Resources. 4.2. Job classification descriptions may be abolished or amended from time to time. In addition, new job classification descriptions may be added to the City's classification plan. 4.3. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) shall be allocated by the City Manager or designee to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities. 4.4. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor who will work with the Department Head Page 4 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 212 and Human Resources to further evaluate the position. 4.5. The City may utilize temporary or emergency employees in such circumstances as the City deems appropriate. These employees may be assigned to regular or temporary full- or part-time positions during such periods. 5. RECRUITMENT AND SELECTION 5.1. Recruitment 5.1.1. The City may utilize any legitimate recruitment procedure for attracting qualified applicants. Recruitments may be "promotional" or "open," depending on the City's needs. 5.1.2. Consistent with the best interests of the City, all vacancies in the Competitive Service shall be filled by promotion from within the Competitive Service, after a promotional examination has been given and a promotional list established. The City will give reasonable notice to all employees concerning the City's employment opportunities. 5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest of the City, a vacancy in a position may be filled by an open -competitive examination instead of a promotional examination. In that event the City Manager or designee shall arrange for an open -competitive examination and for the preparation and certification of an open -competitive employment list. 5.2. Applicat ions for Employment 5.2.1. Each candidate shall complete those application forms designated by the City. An applicant's failure to provide complete, truthful and accurate information on all application materials shall be grounds for immediate disqualification in the application process and may result in dismissal from employment. 5.2.2. As part of the pre -employment procedure, applicants may be required to supply references, and a waiver, to enable a thorough background check, including fingerprinting, by the City. The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment with the City of Dublin to the extent permitted by law. 5.3. Disqualification or Rejection 5.3.1. The City may reject or disqualify applicants for any legitimate reason. In addition, the City may permanently disqualify applicants from future employment for good cause. In the event of permanent disqualification, the City shall notify the applicant of the action, include a brief description of the Page 5 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 213 reasons, and permit the applicant to appeal pursuant to the procedure specified in these rules. The appeal submission will be maintained with the application file, if requested by the appellant. The appeal procedure is not available to applicants except in cases of permanent disqualification. 5.3.2. Criminal Conduct - Once a conditional job offer has been made, employers are permitted to conduct a criminal history check. However, the City cannot rescind the job offer based on an applicant's criminal history without going through the following process: I) Making an individualized assessment that justifies denying the applicant the position. In making such determination, the appointing authority may consider the following factors: (a) the classification to which the person is applying or being certified and whether the classification is unrelated to the conviction; (b) the nature and seriousness of the offense; (c) the circumstances surrounding the conviction; (d) the length of time elapsed since the conviction; (e) the age of the person at the time of conviction; (f) the presence or absence of rehabilitation or efforts at rehabilitation; (g) contributing to social or environmental conditions. 2) Notifying the applicant in writing of a preliminary decision to take back the offer; 3) Giving the applicant a chance to provide additional information; and 4) Notifying the applicant in writing of a final decision to take back the offer and informing the applicant of the right to complain to California's Civil Right Department (CRD). 5.3.3. An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such an appeal must be in writing and filed with the City Manager or designee within ten (10) days of the date of the notice of disqualification. The City Manager or designee will hear and determine the appeal within ninety (90) calendar days after it is filed. The Page 6 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 214 determination of the City Manager or designee on the appeal is final. 5.4. Testing /Assessment Process The City may utilize any legitimate method to determine the qualifications of applicants, including, without limitation, written tests, oral examinations, panel interviews, assessment centers and oral interviews. The City may list successful applicants on a "list of eligibles." The list of eligibles will be maintained for the duration specified by the City. 5.5. Appointment 5.5.1. The City may appoint any qualified applicant from the list of eligibles to a regular position in the classification for which the applicant is qualified. Positions may be full-time, or part-time, depending on the needs of the City. In the absence of a list of eligibles, the City may make temporary appointments pending development of a new list. The City endeavors to provide notice to all City employees at least one week in advance of new employment opportunities. 5.5.2. The City in its discretion may permit lateral transfers to a vacant position. The transfer shall be subject to the rules governing transfers. The City endeavors to provide notice of vacant positions for at least one (I) week to ensure opportunities for transfer. 5.5.3. The City may in its discretion cause a new list of eligibles to be generated in the event the City believes that circumstances warrant a new list. Such circumstances include, but not limited to the age of the eligible list; an inadequate number of candidates; and changing job requirements. 5.5.4. In the absence of names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. This appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee. A provisional employee may be removed at any time without the right of appeal or hearing. 5.5.5. A provisional appointee accrues the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee is counted as time toward the fulfillment of the required probationary period. 5.5.6. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open competitive/promotional lists, Page 7 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 215 for service rendered under a provisional appointment. 5.6. Probationary Period 5.6.1. Unless a different probationary period is specified in the employment announcement, application, appointment documents or job specification, upon beginning a job in a new classification of employment, employees in the Competitive Service who are not at -will must serve a probationary period of twelve (12) months. Periods of time during unpaid absences shall automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding twenty (20) working days shall extend the probationary period by that number of days the probationary employee is on such leave. Only employees in the Competitive Service who are not at -will employees are subject to probationary periods. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the City Manager or designee a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory, and their employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the City Manager or designee after the expiration of the selection period. 5.6.2. The City may establish probationary periods exceeding twelve (12) months in duration for positions involving duties and responsibilities that the City believes warrant an extended probationary period. In that event, the City will indicate the probationary period in the job announcement or other application -related materials. Further, with respect to existing classifications, the City must provide advance notice of the probationary period change to the City employees in those classifications. 5.6.3. During the probationary period, probationary employees may be released from City employment at any time, without cause, without right of appeal or hearing. The City is not required to explain the reasons underlying the release from probationary employment. If the City approves, the released probationary employee may be appointed to any vacant position in a classification in which the employee is qualified and performed satisfactorily for at least one (I) year, subject to a new probationary period. 5.6.4. Promotional Probationary Period. When a regular employee is promoted, a promotional probationary period shall begin on the effective date of the promotion. During the probationary period of a promoted employee, the Department Head may recommend that the employee be demoted to the Page 8 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 216 former position, range, and salary if the employee's performance and/or conduct do not meet the standards of the position to which the employee was promoted. Such recommendation is subject to approval by the City Manager or designee. Employees on promotional probation have no rights to tenure in the promotional position and may be returned to their former position without cause, without notice and without right of appeal or hearing. If the former position is not vacant or not available, the employee on promotional probation shall be separated from employment without the right of appeal and placed on the eligibility list for the former position for a twelve (12)-month period. Placement on an eligibility list does not guarantee that the employee will be re -hired to the former position once that position becomes available. 5.6.5. Probationary periods do not apply to "at -will" employment as defined in these Rules, and can be terminated at any time, with or without cause and without right of appeal or hearing. 5.7. At W ill Certain positions in the City are designated "at -will." At -will positions are not subject to the job protections described in these personnel rules, including processes and rules for recruitment, discipline, termination, probationary periods, testing, and appointment from eligible lists. At -will employees are subject to these rules only to the extent that the rules set forth certain benefits and terms and conditions of employment to which all employees are entitled pursuant to applicable law. Other rules applicable to at -will employees are set forth in applicable Council Resolutions. The employment of at -will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating "good cause," and without right of appeal or hearing. Nothing in these Rules affects or changes the at -will nature of employment for the City. 6. PERFORMANCE EVALUATION PROGRAM 6.1. The City requires employees in the Competitive Service to undergo performance evaluations periodically throughout their employment. The City shall prescribe appropriate forms for completing performance evaluations. 6.2. The purpose of performance evaluations is to communicate to employees regarding their work performance, and to provide employees an opportunity to discuss their concerns regarding the same. 6.3. All employees shall receive a written performance evaluation six (6) months following the date of hire or promotion. Thereafter, within thirty (30) days of each anniversary date, a written employee performance evaluation will be completed. Page 9 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 217 Employees may also be requested to complete a written self -evaluation of their performance, for discussion with the employee's supervisor. In addition, a performance evaluation may be prepared at any time, at the discretion of the employee's supervisor. 6.4. Each performance evaluation will be discussed with the employee to identify areas of successful performance and those which require improvement. The employee may comment regarding their work performance, either in an attached written statement or orally to the supervisor. Written statements submitted by the employee will be included into the final evaluation document and filed. The employee must sign the evaluation, which will signify that they are aware of the contents. The employee's signature does not imply agreement with the contents of the evaluation. If the employee refuses to sign the evaluation, a witness will sign as acknowledgment the employee's refusal to sign the evaluation. All employee evaluations will be signed by the employee's direct supervisor, the employee's Department Head, and the City Manager, or designee. 6.5. Performance evaluations are kept in employee personnel files. Employees may submit comments or rebuttals to their performance evaluations within thirty (30) calendar days of issuance, and these documents will also be maintained in the personnel files with the performance evaluations. 7. FITNESS FOR DUTY EVALUATIONS All employees must be physically and mentally capable of performing the essential functions of their jobs. The City, at its expense and selection, may require an employee to undergo a fitness for duty evaluation based on any reasonable cause. 8. PERSONNEL FILES 8.1. The City maintains an official personnel file for each of its employees. Personnel files contain personnel records deemed necessary for the administration of human resources in the City. 8.2. Personnel files are available for inspection by employees within a reasonable time after an employee's request and without loss of pay, provided that employees make arrangements with their supervisor if the inspection occurs on duty. Upon written request, employees may obtain copies of the materials subject to inspection. The City may preclude inspection of certain information in accordance with the law, such as background and other pre -employment information, and materials relating to investigations. 8.3. The City maintains injury reports and confidential medical records in separate files. Page 10 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 218 No information contained within an employee's personnel file will be released to a third party unless a waiver has been signed by the employee, except as required by law. Only those documents which have been specifically released by the employee as shown in the waiver will be shown to the third party. 9. WAGE AND HOURBENEFITS 9.1. General Provisions 9.1.1. Wages and benefits are subject to approval by the City Council. Wages and benefit schedules are contained in the City's Salary and Benefit Plans covering the City's classifications. Employees having any questions about employment classifications, wages and benefit schedules should contact City Human Resources. 9.1.2. The City is committed to observing all its obligations under the Fair Labor Standards Act ("FLSA"). These rules, as well as all applicable provisions in memoranda of understanding, Council Resolutions, and all City pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of, the FLSA. 9.1.3. The City Manager or designee will designate a workweek for employees in accordance with the law. The usual working hours for City employees shall be 8:00 a.m. to 5:00 p.m. (including a one -hour unpaid lunch break) and a normal workweek consists of forty (40) hours. Some departments may require a different work schedule developed by the Department Head and approved by the City Manager or designee. Alternative or flexible schedules that result in a regular schedule of more than forty (40) hours in a workweek are not permitted. Any flexible day(s) must be taken within the same workweek, must be scheduled as not to interfere with assigned duties, and are subject to approval by the Department Head and/or City Manager. All alternative or flexible schedules must be reviewed prior to the effective date to ensure compliance with FLSA. 9.1.4. Except when necessary to address an emergency or special circumstance, employees who are entitled to overtime compensation under the law may not work outside of regularly scheduled working hours or during unpaid meal periods without the prior authorization of a supervisor. In any emergency event, employees must report overtime work as soon as possible after the work is performed. Violations of this rule may result in discipline, up to and including termination of employment. 9.1.5. Overtime for eligible employees is any hours worked in excess of forty (40) hours during a single workweek. Page I I of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 219 9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour workweek, shall be paid at an hourly rate of one and one-half times the regular hourly rate. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or CTO credit shall be made at the end of the pay period in which the overtime is worked, provided the employee has not accrued the maximum CTO allowed. Employees may not convert CTO to overtime pay except at termination of employment or change in eligibility for CTO accrual. CTO may be accrued up to a maximum as established by these Rules. 9.1.7. For purposes of calculating overtime pay, holidays count as hours worked within a workweek. Paid leaves do not count as hours worked within a workweek. Employees eligible for overtime who take minutes at a City Council, Commission or Committee meeting shall be compensated at one and one-half times their hourly rate for the time they are attending the meeting, regardless of the hours worked in the corresponding workweek. 9.1.8. The City designates as "FLSA Exempt" those employees who work in professional, executive or administrative capacities and who are therefore not entitled to overtime compensation under the FLSA. 9.1.9. In the case of civil disaster, state of extreme emergency or local peril, all employees have the duty and obligation to perform emergency works upon request of proper authority declaring such emergency. The overtime procedures herein established shall not be in effect and compensation procedures shall be determined at the time of such conditions by the City Manager. 9.2. Compensation 9.2.1. Market Rate Adjustments: All Market Rate Adjustments shall be based on changes in the Consumer Price Index (CPI) or a total compensation salary survey, as determined by the City Manager and approved by the City Council. (a) As provided for in the salary and benefit plan, the City Manager is authorized to assign salaries within a range. The range is adopted by the City Council in the Salary Plan. The Market Rate Adjustments are established on an annual basis, pursuant to the Benefit Plan, and subject to approval by City Council. Page 12 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 220 (b) Market Rate Adjustments shall be effective July I" annually. (c) The Market Rate Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.2. Merit Adjustments: Merit Adjustments are separate from Market Rate Adjustments and shall be based entirely on employee performance. (a) Each fiscal year, the City Manager or designee will determine the maximum Merit Adjustment percentage based on the Council - authorized Salary Plan for all regular employees regularly scheduled to work twenty (20) or more hours per week. (b) The City Manager or designee will notify all regular employees prior to the start of the fiscal year the amount available for Merit Adjustments. (c) Any recommendation for a Merit Adjustment shall include a written performance evaluation. (d) An employee's performance is reported on a form designated by the City Manager or designee. Where applicable, this evaluation also includes input and observations from the employee's supervisor. (e) Based upon the performance evaluation, the City Manager or designee may authorize an additional Merit Adjustment, provided that adjustment will not create a salary that is greater than the range authorized in the adopted Salary Plan. The amount of the adjustment shall be based on the evaluation presented and any other factors indicating the employee's work performance. (f) The effective date of any Merit Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.3. Performance Pay Adiustments: Performance Pay Adjustments are separate from Merit Adjustments and are intended to provide limited pay adjustments given an employee's salary position within the adopted pay range. (a) An employee shall be eligible for a Performance Pay Adjustment Page 13 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 221 annually, provided the other criteria in this section have been met. This is to allow for a Performance Pay Adjustment in conjunction with an employee's annual review related to the employee's anniversary date. (b) A Performance Pay Adjustment shall be a one-time wage increase, which will not alter the pay range adopted pursuant to the adopted Salary Plan. (c) This adjustment may be granted to a regular employee scheduledto work twenty (20) or more hours per week, if the evaluation process followed under provisions for Merit Increases (Section 9.2.2) indicates that the employee's performance is at a satisfactory level or above, which would warrant a Performance Pay Adjustment beyond the adopted salary range. (d) A Performance Pay Adjustment shall be at the discretion of the City Manager or designee and will be based on a written performance evaluation and any other factors indicating the employee's work performance. (e) Performance Pay Adjustments shall be a one-time lump sum payment, based on the score received on the performance evaluation. In exceptional cases, the City Manager may authorize a Performance Pay Adjustment which shall not exceed 9% of the employee's annual salary. For purposes of this section, the employee's annual salary shall be twelve (12) times the employee's monthly salary prior to the adjustment. (f) The effective date of any Performance Pay Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.4. Salary Following Promotion: When an employee is promoted to a position allocated to a classification with a higher salary range, such employee shall generally be placed in the new salary range 5.0% above the previous salary level. Upon recommendation of the Department Director, the City Manager may approve assignment to any other salary within the higher salary range, but never outside the salary range. 9.2.5. Temporary Upgrade/Special Assignment Pay: a. Temporary Upgrade Pay Page 14 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 222 Employees assigned to perform duties of an assignment, in writing by the City Manager or designee, who pursuant to such assignment, assumes and performs all of the ordinary day-to-day duties of a position of a higher classification for at least thirty-one (31) consecutive work days shall be paid an additional 5% of the regular pay of their own classification, or the first step of the higher classification in the classification plan whichever is greater, for all time worked in the assigned higher classification Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions qualifying for temporary upgrade pay. Temporary Upgrade Pay is reportable to the California Public Employee Retirement System (CaIPERS), as defined by CCR 57I (a)(3) for classic CaIPERS members, to the extent allowed by law. Work assignments shall not be changed for the sole purpose of evading the requirement of providing temporary upgrade pay to an employee who would otherwise be eligible. The effective date of any change in assignment under this section shall be noted on a Personnel Action Form that must be approved by the City Manager or designee. A Personnel Action Form shall be generated upon the completion of the acting pay status identifying regular pay of an employee's classification prior to the acting pay authorization. b. Special Assignment Pav An employee who is temporarily assigned for a at least thirty-one (31) consecutive workdays to perform significant additional duties outside the scope of the job specification of the employee's classification, in addition to the employee's regular job duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee's base salary. This pay is not reportable to CaIPERS. 10.W ORKW EEK, CALL-BACK PAY, MEAL PERIODS, 11.AN D LACTATION BREAK 10.1 Workweek 10.1.1 The City's standard workweek for full-time employees is forty (40) hours per week, in a seven (7) day period. The workweek generally commences at 12:01 a.m. every Saturday and is a regularly recurring seven (7) day period ending at 12:00 midnight every Friday. The workweek for employees on an alternative work schedule may be modified based on individual schedules to accommodate forty (40) hours in Page 15 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 223 a seven (7) day work period. For employees assigned to the 9/80 work schedule, each employee's designated FLSA workweek shall begin exactly four (4) hours after the start of the employee's regularly scheduled eight (8) hour shift on the day of the week that corresponds to the employee's alternating regular day off. The same day of the week shall be permanently designated as the employee's alternating regular day off. 10.1.2 The City shall establish and may modify regular working hours for its employees. The City may require employees to work overtime and to perform standby responsibilities. Employees shall be responsible for reporting to work on time and observing the work schedule established for their department. 10.2 Call -Back Pay When an employee, considered non-exempt for the purposes of the Fair Labor Standards Act (FLSA), has completed a normal shift for the day, is on a regular day off, or is on paid leave, and is called back to work, the employee will, upon reporting, receive a minimum of two (2) hours work at the overtime rate (time and one-half), or if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the overtime rate. Subsequent hours worked under this section will be paid according to the overtime provision in Section 9 of these Rules. This provision does not apply to instances in which the employee is called to report before the regular starting time and is furnished work until the end of his/her normal shift. The first two (2) hours of call back pay, per occurrence, cannot be taken as compensatory time off and will be paid to the employee as a cash payment. 10.3 Meal Periods Unless otherwise established for a department for particular employees, employees shall receive a thirty (30) or sixty (60) minute meal period that shall not be compensated. During the meal period, the non-exempt employee must be completely relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated. Meal periods may not be used to shorten the workday. 10.4 Lactation Break An employee who wishes to express breast milk for her infant child during her scheduled work hours will receive a reasonable amount of additional unpaid time beyond any compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would "seriously disrupt" the City's operations as those terms are used in Labor Code section 1032. Once a lactation break has been approved, it should not be interrupted except for emergency or exigent circumstances. For additional information concerning lactation accommodation, see the Lactation Accommodation policy. Page 16 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 224 11. LEAVES 11.1 Leave Overview 11.1.1. Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of one- quarter of an hour (1 /4) or fifteen (15) minutes. 11.1.2. Scheduled leaves are subject to approval by the Department Head and scheduled two (2) weeks in advance whenever possible, with due regard for the City's service needs. 11.1.3. The City may employ any reasonable measure to ensure employees are properly accounting for leaves, including requiring reasonable proof that the basis for the leave is legitimate. Employees may be required to submit a medical certification of sickness supporting a request for sick leave use pursuant to these Rules and City policy. The City may require a fitness for duty certification from any employee returning from leave. Abuse of leave privileges, including working for a secondary employer while on sick leave, may subject an employee to disciplinary action, up to and including termination of employment. 11.1.4. Leave benefits are available only to regular, or probationary, employees regularly scheduled to work more than 1,040 hours on an annual basis, but not temporary part-time or "extra help" personnel unless otherwise noted. 11.2. General Leave 11.2.1. A General Leave Plan has been established for all employees regularly scheduled to work more than 1,040 hours on an annual basis, in lieu of traditional vacation and sick accrual programs. The City's General Leave Plan conforms with the Healthy Family Act of 2014 (CA Paid Sick Leave). General leave may be used for any leave purpose; however, the following sections govern its use. 1 1.2.2 General leave falls into two categories: (a) Scheduled Leave: Any leave which can be reasonably forecast or anticipated (i.e., vacation leave), scheduled medical/dental appointments, extended weekends, personal leave, etc. Scheduled leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled leave should be submitted on a form designated by the City Manager. The employee shall be given due regard in selecting a convenient period to Page 17 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 225 take scheduled leave, provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave. (b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely of an unanticipated nature (i.e., leave due to illness); Unscheduled Leave exceeding five (5) days may require a certificate indicating that the employee was unable to work and may also be required to specify whether the employee can return to work with or without restrictions. The use of unscheduled leave shall be reported on a form and manner designated by the City Manager. In appropriate or excessive use of unscheduled leave may be grounds for disciplinary action. 11.2.3. Employees accrue General Leave at the following rates: (a) Full -Time employees in the Competitive Service accrue general leave for each bi-weekly period of service, based on the years of service with the City according to the schedule below. General leave shall be accrued based on actual hours paid during the pay period. For example, if an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of general leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City. Length of Service Beginning with the first month through 5`h year (60`h month) Following the 5th year through the 10`h year (61 S` — 120`h month) Following the 10`h year through the 15`h year (12 I st month — 180`h month) Following the 15`h year (I 8 I St month) Leave Accrued Each Bi-weekly Pay Period (Based on 40 H rs. Paid) 6.77 Hours 8.31 Hours 8.92 Hours 9.54 Hours Leave Accrued Each Year 22 days 27 days 29 days 31 days (b) For employees in the Competitive Service scheduled to work between 20 and 40 hours per week, the pro-rata share to be accrued will be the percentage of a regular 40-hour work week which they are scheduled to Page 18 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 226 work, multiplied by the leave accrued per month, as shown in Sub -section (a) above. For example, an eligible employee scheduled to work 20 hours per week will accrue 50% of the accrual rate in Subsection (a) above, and an employee scheduled to work 30 hours per week will accrue 75% of the accrual rate shown in Subsection (a) above. (c) Designated Management (i.e., At -will) Employees accrue general leave for each bi-weekly period of service, based on the years of service with the City according to the scheduled below, except that the City Manager shall be granted the authority to assign general leave accrual rates for at -will employees outside the denoted length of service. Exceptions to the standard accrual rate will be considered based on length of service in other organizations. General leave shall be accrued based on actual hours paid during the pay period. For example, if an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay, the amount of General leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City. Length of Service Beginning with the first month through 5th year (60th month) Following the 5th year through the 10`h year (6 I S` — 120`h month) Following the 10th year through the 15`h year (I 2 15C month — 180`h month) Following the 15`h year (I 8 151 month) Leave Accrued Each Bi-weekly Pay Period (Based on 40 H rs. Paid) 7.38 Hours 8.31 Hours 8.92 Hours 9.54 Hours Leave Accrued Each Year 24 days 27 days 29 days 31 days 11.2.4. No employee shall accrue more than 480 hours of general leave. When an employee's unused leave balance reaches this limit, the employee shall no longer accrue general leave until the balance falls below the maximum accrual limit. 11.2.5. If, during the first twelve (12) months of employment, an employee exhausts all leave accrued, the City Manager may advance an employee up to forty (40) hours of general leave. An advance may only be provided when it is in the best interest of the City and the following conditions are met: Page 19 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 227 (a) The request is in writing, stating the reason for the advance; (b) The employee states the date of anticipated return. (c) The advance of leave is part of a hiring process approved by the City Manager. (d) Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave, the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee. 11.2.3 Any employee separating from City service who has accrued general leave is entitled to be cashed out of their accrued, but unused, General leave at the employee's hourly rate of pay at the time of separation. When separation is caused by death of an employee, payment will be made to the spouse or the estate of the employee or, in applicable cases, as provided by the Probate Code of the State. General leave will be paid out at the employee's current hourly rate at the time of termination for any unused general leave. 11.3 General Leave Cash Out Annually, employees may elect to convert up to eighty (80) hours of accrued general leave into a cash payment, at their base rate of pay in effect at the time of the cash -out. Opportunities for general leave conversion will occur twice a year (May and December). Eligibility is contingent on having at least one hundred (100) hours of general leave remaining after the conversion. Management employees will only be permitted to cash out a total of eighty (80) hours of general leave and administrative leave, cumulatively, each calendar year. See Section 11.10 for information regarding administrative leave cash out. 11.3. Sick Leave 11.3.1. Part-time temporary employees are eligible to accrued sick leave in accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave). 11.3.2. Pursuant to the City's General Leave Plan, regular and probationary full- time employees may earn sick leave only if the employee is ineligible to accrue general leave due to reaching the maximum accrual limit. When a regular or probationary employee has reached the maximum general leave accrual, the employee accrues sick leave at the rate provided for general leave. Once a regular and probationary employee's general leave accrual is below the maximum accrual limit, the employee will no longer accrue sick Page 20 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 228 leave and will begin accruing general leave. 11.3.3. Full-time regular and probationary employees may not accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee is no longer eligible to earn sick leave. 11.3.4. Use of accrued sick leave hours, pursuant to the City's General Leave Plan are not considered a right that may be used at an employee's discretion. The use of sick leave hours is allowed only in case of necessity as defined herein. An employee shall only be eligible to use sick leave hours, as defined in by the General Leave Plan, in the following instances: (a) For an employee's illness or injury when the illness/injury prevents the employee from working. Leave exceeding five (5) days may require a doctor's certification indicating that the employee was unable to work. (b) For an employee's dental, eye, or other physical or medical examination or treatment by a licensed provider. (c) For family medical purposes when a member of the employee's immediate family is involved. This shall include the family member's illness, accident, medical appointments, or other related occurrences. (d) For victims of domestic violence, sexual assault, or stalking to: (i) To obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, and welfare of the employee or employee's child. (ii) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. (Labor Code 2230(c); 233(b)(3)(A); 246.5(a)(2)) 11.3.5. Employees who use sick leave hours, pursuant to the City's General Leave Plan, will be required to file a request form with the City Manager or designee stating the basis for the absence. The request must be on a form developed and implemented by the City Manager or designee. Once an employee has used half of the sick leave accrued, the City may, within its discretion, request medial certification for any further sick leave use. The medical provider may also be required to specify whether the employee can return to work with or without restrictions. Such release of medical information shall be in compliance with the law. Page 21 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 229 11.3.6. If a finding of industrial disability is made in connection with California Public Employees Retirement (CaIPERS), employees may not be permitted to exhaust paid sick leave balances prior to retirement unless the City Manager, at sole discretion, approves. 11.3.7. Any employee separating from the City service who has unused sick leave hours, pursuant to the City's General Leave Plan, will not be compensated for any sick leave hours remaining at the time of termination, unless specified through an agreement. 11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA) In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California Family Rights Act" (CFRA), and Military Caregiving Leave, eligible employees may take up to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. Please reference the City's FMLA and CRFA policy for the administering of the leaves. 11.5. Pregnancy Disability Leave The City shall provide pregnancy disability leave to eligible employee in accordance with applicable law. The City will follow the City's FMLA and CFRA policy to administer Pregnancy Disability Leave. 11.6. Work Related Injury or Illness Leave Work Related Injury or Illness Leave shall be granted only after the City's Workers' Compensation administrator has declared the illness/injury to be compensabee under the California Workers' Compensation law. The City may grant up to fifty (50) hours of paid time off (per incident) for an employee to attend ongoing medical care/treatment during work hours in conjunction with a work -related injury/illness. Use of Work -Related Injury or Illness Leave hours shall not be considered as a right that may be used at an employee's discretion but shall be allowed only in case of necessity. Employees who use leave hours may be required to provide a written explanation to the City Manager or designee stating the cause of absence and report the hours as instructed on their timesheets. Said explanation shall be on a form developed and implemented by the City Manager or designee. Only regular employees or probationary are eligible for Work Related Injury or Illness Leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits. Employees having questions regarding this rule should contact Human Resources. 11.7. Catastrophic Illness Leave Upon approval of the City Manager or designee, a catastrophic sick leave bank may be established for the benefit of an employee incapacitated by an extreme or severe illness or Page 22 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 230 injury. Employees may donate general leave and/or sick leave to another employee in accordance with the City's Catastrophic Leave Administrative Policy. 11.8. Military Leave Military Leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose must, whenever possible, provide in advance the City Manager or designee, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the City may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. 11.9. Jury Duty Leave Employees summoned by state or federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep their supervisors informed of their court schedule and provide proof of jury service to the City with their timesheet. Employees pay any fees received for jury service to the City, except for mileage reimbursement. Jury Duty Leave does not count towards hours worked for purposes of calculating overtime. 11.10. Administrative Leave Leave in recognition for being required to work hours beyond their regular hours of work to fulfill their employment responsibilities, employees in the Competitive Service, who are designated as FLSA Exempt under these Rules, will be granted on July ISt of each year forty (40) hours of administrative leave Management employees will be granted 64 hours of administrative leave. (a) On December Is of each year, employees who receive administrative leave may choose to be paid a maximum of 50% of their unused administrative leave (i.e., 20 hours for Exempt employees, 32 hours for Management). Payment for this administrative leave will be paid with the first pay period ending date after December I St of each year. (b) The use of administrative leave requires the approval of the employee's Department Head and City Manager or designee prior to the absence. A request for scheduled administrative leave should be submitted on a form designated by the City. The employee who has available administrative leave and requests use of administrative leave is permitted to use time off within a reasonable period after making a request if use of leave does not unduly disrupt the operations of the City. Employees should make every effort to submit requests to take administrative leave two (2) weeks prior to the requested leave. (c) On June 30th of each year, any unused leave is forfeited. Administrative leave Page 23 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 231 has no cash value at separation. 11.11. Leave W it hout Pay The City in its discretion may permit employees to be on leave without pay (LWOP) not to exceed ninety (90) days. An extension of any leave of absence without pay beyond ninety (90) days may be granted upon approval of the City Manager when such extension of leave is in the best interest of the City. Employees in such status do not accrue benefits, or receive service credit, and may be required to pay for portions or all health and welfare benefits/premiums during the period of their leave without pay status. Employees may take personal leave without pay when required by law. 11.12. Bereavement Leave The City grants bereavement leave to include leaves of absence with pay up to five (5) workdays where a member of the employee's or spouse's or domestic partner's immediate family dies. The City in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family unless the employee has made arrangements with the City regarding its use at a later date. 11.13. Holidays The City observes the following legal holidays, which are available to those employed prior to or on the date of the holiday: (a) New Year's Day (b) Martin Luther King Jr. Birthday (c) Presidents Day (d) Memorial Day (e) Independence Day (f) Labor Day (g) Veteran's Day (h) Thanksgiving Day (i) Day After Thanksgiving (j) Day Before Christmas (k) Christmas (I) Day Before New Year's Day (m) See Benefit Plan for Floating Holidays 11.13.1 In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a holiday. In cases where one of two (2) consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with Page 24 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 232 the paragraph above. In such cases, the City Manager designates the day(s) to be observed as a holiday(s) in lieu of the holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the Benefit Plan. 11.13.2 If a non-exempt employee is required to work on a holiday, the employee shall receive pay at time and one-half of their hourly rate for all hours worked, in addition to the holiday pay provided for in this section. 11.13.3 The floating holidays are subject to supervisory approval and may not be carried over to another calendar year and are lost unless used prior to the end of the calendar year. 11.13.4 Part-time employees who occupy authorized half-time or three-quarter time positions and are scheduled to work 20 hours or more per week on a continuous basis shall receive prorated holiday pay for each recognized holiday outlined in this Section, as follows: half-time employees shall receive 4 hours holiday pay; three-quarter time employees shall receive 6 hours of holiday pay. 11.13.5 If a holiday falls on an employee's regularly scheduled day off, the employee shall be credited eight (8) hours' time off with pay to either their general leave or compensatory time banks. 11.13.6 Designated and floating holidays are credited as eight (8) hours each. If the employee works a schedule with more than eight (8) hours in a workday, the employee must use accumulated vacation or compensatory time to provide the difference between eight (8) hours and the employee's normal workday. As an alternative, the employee may make up the difference by working the additional time, but only during the work week in which the holiday fell. 11.14 Compensatory Time Off (CTO) Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked instead of receiving cash payment. CTO may be accrued up to a maximum of 100 hours for regular and probationary non-exempt employees. If an employee reaches the maximum limit, they shall be compensated for all overtime worked. If an employee has accrued any unused CTO at termination, the employee shall be paid for such unused CTO at their regular rate of compensation at termination. Page 25 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 233 11.15 School Leave Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not exceeding eight (8) hours in a month, to participate in the child's school activities. The employee must use accrued general leave, floating holiday, administrative leave or compensatory time for this leave. Prior notice of the need for this leave must be given to the immediate supervisor. If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to attend a portion of the school day in their child's classroom, the employee should alert their supervisor or manager as soon as possible before leaving work. In accordance with California Labor Code § 230.7, no adverse action will be taken against an employee who takes time off for this purpose. 11.16 Voting Time Employees will be granted time off with pay to vote in any general, direct primary or presidential primary election in accordance with the provisions of the Elections Code section 14000. Employees must give notice to their immediate supervisors of their need to take such time off as soon as practical. 11.17 Civic Service Leave Effective September 2023, civic service leave is being discontinued, in exchange for floating holiday. To convert from a leave type provided on a fiscal year to one given on a calendar year, employees will forfeit 4 hours of the civic service leave granted July I, 2023, and the other 4 hours, if unused as the time of conversion, will be converted to additional floating holiday time to be used during the 2023 calendar year. Any employee who has used more than 4 hours of civic service leave at the time of conversion will have a reduction in floating holiday hours in 2024 that is proportionate to the excess civic service hours used prior to conversion. 11.18 Time Off for Immediate Family of Victims of Crime Employees who are the immediate family members (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered domestic partner of a victim of a violent or serious felony may take time off from work in order to attend judicial proceedings related to that crime. The crime must be an offense enumerated in Labor Code Section 230.5(a)(2). 11.19 Leave to Perform Emergency Duties or to Attend Related Training An employee may take leave to perform duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. However, the City does not have to provide this leave if the employee's absence would hinder the City's availability to provide public safety or emergency medical services. Page 26 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 234 11.20 Unauthorized Leave or ,bb Abandonment An unauthorized absence from the work site or failure to report to duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absences may be grounds for disciplinary action, including termination. 11.21 Relocation Expenses The City Manager shall have the authority to negotiate on behalf of the City relocation expenses for designated management employees, as identified in the Management Positions Except from Competitive Service Resolution. Such expenses may include travel, interim housing, storage, and other relocation expenses as deemed appropriate by the City Manager. 12.T RAN SFERS 12.1 A non -probationary City employee with at least satisfactory appraisal ratings may request a transfer to a lateral or other lower -level vacant position in the City. The transfer request may be initiated by submitting forms as prescribed by Human Resources. The employee requesting a transfer must meet the minimum qualifications for the vacant position and may be subject to interviews and other pre -employment processes specified by the City. Following reasonable notice to City employees, vacant positions may be filled through transfers rather than appointments from eligible lists. 12.2 The City may initiate a transfer of a disabled employee who qualifies under applicable disability laws but cannot perform the essential functions of their job without reasonable accommodation. Such transfers will have priority over any eligibles on an existing eligible list. 13. LAYOFF AND RECALL 13.1 Whenever in the sole judgment of the City Council it becomes necessary to abolish any position that is held by a full-time regular employee due to a reorganization, or lack of work or funds, the employee holding that position may be laid off or demoted without disciplinary action and without the right of appeal. Whenever possible, employees will be given at least thirty (30) days' notice of any layoff. 13.2 When a layoff involves a position classification held by more than one person, layoffs will be made in a reverse order of seniority. Seniority will be determined by including all periods of full-time regular service at or above the classification level where the layoff is to occur. Page 27 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 235 13.3. Persons laid off or demoted in accordance with this Rule will have their names kept on a re-employment list for two (2) full years from the date of layoff or demotion. The re-employment list will be used by the City when a vacancy arises in the same or lower classification of position in the department where the layoff originally occurred before seeking promotional and/or general applications from others. 13.4. This Rule does not apply to at -will, part-time or probationary employees. 14. EMPLOYEE SAFETYNIOLENCE IN THEW ORKPLACE The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any location where City business is conducted, including vehicles and parking lots. Safety is everyone's responsibility. All employees must use safe work practices and report any unsafe conditions that may occur. Please become familiar with the City's Workplace Violence Prevention policy. 15. GRIEVANCE PROCEDURE 15.1. The grievance procedure is intended to provide an avenue only for redress of complaints that the City has in some manner violated any of the Personnel Rules. 15.2. The grievance appeal must be initiated by the employee (appellant) within fifteen (15) calendar days of the facts giving rise to the appeal and must be submitted to Human Resources. Failure to initiate an appeal within this time frame will result in denial of the appeal as untimely and void. Human Resources may submit the appeal for response as the first step to a directly involved supervisor or another department representative. 15.3. Appeals must be in writing, signed by the affected appellant(s) and allege that the City has violated a specific provision of these Rules. Appeals must contain the specific facts upon which they are based. Appeals that fail to include these elements may be rejected on that basis. An email may serve as a written appeal. 15.4. Human Resources will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal. 15.5. If the appellant is dissatisfied with the City's first response, the appellant may submit an appeal to the City Manager. The appeal must be received by the City Manager within fifteen (15) calendar days of Human Resources' decision. 15.6. The City Manager, or the City Manager's designee, will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appellant's appeal. The City Manager's decision shall be final. Page 28 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 236 15.7. No other grievance or appeal procedure may be used for matters within the scope of this appeal procedure. 15.8. Exhaustion of this appeal procedure is intended to provide an informal avenue for redress of complaints relating to these rules, and to give the City an opportunity to investigate the complaint and correct any problems before they become more serious. 16. DISCIPLINE/GENERAL RULES OF CONDUCT 16.1 General Rules of Conduct It is expected that all employees shall render the best possible service to, and reflect credit on, the City. Therefore, the highest standards of professional conduct are essential and expected of all employees. 16.2 Disciplinary Actions The City of Dublin may invoke the following types of disciplinary actions: (a) Official Reprimand (b) Suspension Without Pay (c) Reduction in Pay (d) Demotion (e) Disciplinary Probation (f) Discharge/Termination 16.3 Grounds for Discipline 16.3. I. Disciplinary measures may be taken for any good and sufficient cause. City employees who are employed "at -will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to pre -discipline procedures or appeals under these policies. 16.3.2. Good cause exists not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform assigned duties, causes other employees' inability to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. Good cause also exists if an employee is unable to perform the duties of their position for an extended period. The type of disciplinary action depends on the seriousness of the offense and the relevant employment history of the Page 29 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 237 employee. Causes for disciplinary action against an employee may include, but are not limited to, the following: (a) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City. (b) Dishonesty; furnishing knowingly false information in the course of the employee's duties and responsibilities. (c) Inefficiency, incompetence, carelessness or negligence in the performance of duties. (d) Violation of safety rules. (e) Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, City ordinances or resolutions. (f) (g) Inattention to duty. Tardiness, overstaying lunch periods, or leaving early. (h) Being under the influence of an intoxicating beverage or non- prescription drug, or prescription drugs not authorized by the employee's physician, while on duty or on City property, or any other violations of the City's Drug and Alcohol -Free Workplace policy. (i) Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized supervisor. (j) Unauthorized soliciting on City property. (k) Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work. (I) Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state or local law which negatively impacts the employee's ability to effectively perform their job or brings discredit to the City. Page 30 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 238 (m) Discourteous and/or offensive treatment of the public or other employees. (n) Falsifying any City document or record. (o) Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property. (p) Theft or sabotage of City property. (q) Sleeping on the job, except as specifically authorized. (r) Accepting bribes or kickbacks. (s) Intimidation or interference with the rights of any employee. (t) Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service. (u) Failure to obtain and/or maintain the necessary license or certification specified for the position; failure to maintain minimum qualifications for a position including required licenses or certificates. (v) Abusive or intemperate language toward or in the presence of others in the workplace. (w) Gambling on the job. (x) Excessive absenteeism; inability to perform the duties of the position. (y) Conduct unbecoming a City employee. (z) Any other conduct of equal gravity to the reasons enumerated above as determined by the City. The above reasons are indicative and not restrictive. Discharge, suspension, demotion, reduction in pay or other discipline may be based on reasons other than those specifically mentioned above. 16.4 Authority to Discipline 16.4.1. Any authorized supervisory employee may institute disciplinary action for Page 3 I of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 239 cause against employees under their control in accordance with the procedures outlined in these Rules. 16.4.2. The City in its discretion may place employees on Paid Administrative Leave. Employees on such leave are subject to the City's instructions during their normal working hours. 16.5. Procedure for Disciplinary Action In the absence of a process in a Memorandum of Understanding (MOU), employees covered by this Rule are governed by the following provisions. 16.6. Written Notice/ Pre -Discipline Meeting/ Final Action 16.6.1. Written Reprimands The employee may submit a written response to the reprimand which shall be placed in the employee's personnel file. There is no further right of appeal to a written reprimand. For other discipline, the City shall issue a written notice of intent to discipline (NOI), describing the intended discipline, the basis for the discipline, and attaching any documents upon which the discipline is based. 16.6.2. Minor Discipline For other discipline that is less severe than a reduction in pay or suspension of six (6) working days, the discipline may be imposed prior to providing the employee a right to respond to the discipline. Within a reasonable time after the discipline is imposed, or before the discipline is imposed, within the City's discretion, the City must provide the employee with NOI, which includes the reasons for the action, a copy of the charges including materials upon which the action is based, and notice of the employee's right to respond, orally or in writing, to the proposed action. If the employee chooses to respond orally, the City Manager, or designee, shall convene a meeting to review the employee's response and position. The employee is entitled to have a representative of choice to attend the meeting. If the City Manager (or designee) decides to reduce the discipline, and if the employee has already served a disciplinary suspension for the offense, the employee will be compensated commensurate with the reduction in discipline. The City Manager's (or designee's) decision is final and there is no further right of appeal. 16.6.3. Major Discipline For discipline that is greater in severity than a reduction in pay or suspension of five (5) working days, the employee shall receive notice of the right to respond, either orally or in writing, before discipline is imposed. If the employee wants to respond orally, the City will set a pre - Page 32 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 240 discipline meeting (Skelly meeting) approximately one (I) week from the date of the NOI, unless a different time and date is set by mutual agreement. For discipline that is greater in severity than a suspension of five (5) working days, the City Manager, or designee, will convene a pre -discipline meeting (Skelly) to review the employee's response and position before imposing discipline. The employee is entitled to a representative of choice, provided, however, that the inability of a particular representative to attend the meeting is not the cause requiring a continuance of the meeting. At the meeting, the employee will have the opportunity to respond to the charges and to present any new information for consideration by the City. For discipline that is greater in severity than a suspension of five (5) working days, at some reasonable time after the employee has been provided an opportunity to respond to the NOI, the City shall issue a final notice of decision to discipline (NOD). The NOD will include the final decision, the effective date of the discipline and the facts upon which the discipline is based and notice of the right of appeal. 16.7. Appeal 16.7.1. For discipline that is greater in severity than a suspension of five (5) working days, employees have the right to appeal the NOD. The employee's request for an appeal must be received within seven (7) calendar days from the date of the NOD, or the right to appeal is waived and the discipline becomes final. The request for an appeal of a NOD, does not inhibit the NOD from being implemented. 16.7.2. The appeal will be heard by an outside impartial independent hearing officer to be selected by the City. The costs of the hearing officer will be borne by the City. The hearing will be transcribed. 16.7.3. The hearing officer has the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and recommendations about the discipline. The hearing officer may recommend an outcome, but the final authority rests with the City Manager. The hearing officer will make detailed findings of facts related to the disciplinary charges in writing and serve a recommended decision on the City and the employee. After consideration of the hearing officer's recommended decision, the City Manager will issue a final decision in Page 33 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 241 writing. The City Manager's decision is reviewable by administrative writ of mandamus. 17. RESIGNATIONS 17.1. General Provisions Employees are free to resign from their employment but are encouraged to give at least two (2) weeks' notice. A resignation becomes effective upon the City's receipt of a written notice of resignation. If no written resignation is tendered, but a resignation is indicated orally, a resignation becomes effective upon the City's notice of acceptance of the resignation. Once a resignation becomes effective, it is irrevocable except that the City Manager may permit a resignation to be rescinded. 17.2. .bb Abandonment A constructive resignation occurs when an employee has been absent from duty for three (3) consecutive workdays without prior authorization, or failed to notice the department of the absence, and did not respond to the City's inquires, if any, during the absence. The City shall give the employee notice of such constructive resignation. Except for at -will or probationary employees, regular employees who are separated from the City's service by constructive resignation may utilize the City's Grievance Appeal procedure. 18. NON-DISCRIMINATION AND HARASSMENT The City of Dublin is committed to providing an environment that is free from harassment and discrimination of any kind, including sexual harassment and harassment based on race, color, religion, creed, national origin, ancestry, age, citizenship status, physical or mental disability, medical condition, genetic characteristics or information, marital status, sexual orientation (including homosexuality, bisexuality, or heterosexuality), gender (including gender identity and gender expression), pregnancy (including childbirth, breastfeeding, or related medical conditions), military and veteran status, or membership in any other legally protected category. Therefore, it is important that the City maintain an atmosphere characterized by mutual respect in order to assure fair, courteous treatment for employees and the public. Employees are responsible for reading and understanding the City's Harassment, Discrimination, Retaliation, and Abusive Conduct Prevention policy. 19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES Employees with a disability may request a reasonable accommodation for that disability. Such requests should be submitted to the employee's Department Head, or Human Resources. If the employee has a disability as defined under the Fair Employment and Housing Act, the City will engage in an interactive process with the employee to determine an appropriate accommodation for the employee in accordance with applicable law if undue hardship does not result to the City's operations. To achieve the provisions of this Page 34 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 242 section and the duties of the law, the City's efforts to reasonably accommodate the employee take precedence over and preempt any other conflicting provisions or limitations in these Rules, provided that the City will not terminate or permanently reassign any regular employee to accommodate another employee. If the City determines that an employee is not able to perform the essential functions of the job, with or without reasonable accommodation, the City may remove the employee from their position and apply for disability retirement for the employee if the employee is eligible. The City will endeavor to retain the employee in an employed status until CaIPERS has made its determination regarding the disability retirement application. However, the employee may be in an unpaid status during this period if applicable paid leaves have been exhausted. If the employee fails to cooperate in the disability retirement process, the City may separate the employee from employment. 20. OUTSIDE EMPLOYMENT City employees may not engage in any outside employment, enterprise or activity that the City determines is in conflict with their duties and responsibilities, or any aspect of City operations. An employee must submit a request for outside employment to their Department Head. The Department Head shall provide a written decision to the employee. The written decision will be provided to Human Resources. 21. VOLUNTEERS 21.1. General Provisions 21.1.1. The City may utilize volunteers for the delivery of City services. The use of volunteers is subject to approval by the City Manager or designee. Volunteers are subject to fingerprinting according to the City's Fingerprinting of Employees and Volunteers policy. 21.1.2. Volunteers are not eligible for salaries, benefits or other compensation unless specifically provided for by the City. Subject to approval by the Department Head or City Manager, necessary equipment or uniforms and reimbursement for approved actual expenses and mileage may be provided. 21.2. Employee Volunteers Subject to approval by the City Manager or designee, employees may volunteer to provide services to the City outside of their normal duties provided they are not performing the same or similar duties for which they are normally compensated, and the responsibilities are occasional and sporadic. Employees engaging in such volunteer assignments are not entitled to compensation. Volunteer time shall not be considered for the calculation of overtime. Page 35 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 243 22. DRUG AND ALCOHOL -FREE WORKPLACE The City's workplace is a drug and alcohol -free workplace. Employees may not be at work under the influence of alcohol or drugs, may not use or possess alcohol or drugs while on duty or while on paid standby time and may not sell, manufacture, distribute or provide drugs to any person while on duty. The City has no intention of interfering with the private lives of its employees unless involvement with alcohol and other drugs on or off the job affects job performance or public safety. The City encourages employees to voluntarily seek help with drug and alcohol problems and offers a confidential Employee Assistance Program. Employees are responsible for reading and understanding the City's Drug and Alcohol -Free Workplace policy. 23. NEPOTISM No employee, prospective employee, or applicant will be improperly denied employment or benefits of employment on the basis of a relationship as defined below with another employee or official of the City. Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate working relationships among relatives, including married persons. For administrative purposes, a relative is a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, cousin, niece, nephew, parent -in-law, brother-in-law, sister -in- law or any other individual related by blood or marriage. The City retains its rightsto: (a) Refuse to place one party under the direct or indirect supervision of the other party of a relationship. (b) Refuse to place both parties to a relationship in the same department, division, or facility when such action has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. (c) Exclude one party to a relationship from contributing to, or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions of the other party. (d) Disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information. (e) Effect a transfer in the event the City learns of circumstances described above. 24. GIFTS AND GRATUITIES Page 36 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 244 No employee of the City may solicit or accept, for self or family, favors, benefits, gifts or gratuities under circumstances which might be construed by reasonable persons as influencing the performance of the employee's governmental duties. 25. USE OF INFORMATION AND ELECTRONIC SYSTEMS Electronic systems are all hardware, software, and other electronic communication or data processing devices owned, leased, or contracted for by the City of Dublin and available for official use by City employees. This use includes, but is not limited to, the Internet, E-mail, voice -mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, global positioning equipment, location devices, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services. Employees are responsible for reading and understanding the City's Electronic System and Information, Social Media, and Remote Computer Access policies. 26. DRESS CODE Employees of the City are required to dress appropriately for the jobs they are performing. Therefore, the dress regulations contained in this section shall be followed. The City reserves the right to direct any employee who is dressed inappropriately for work to go home and make appropriate changes to their work attire before returning to work. (a) All clothing must be neat, clean and in good repair. (b) Prescribed safety equipment must be worn or utilized where applicable. (c) Footwear must be appropriate for the work environment and functions being performed. (d) Hair, beards, mustaches and sideburns must be maintained in a neat and well- groomed fashion. (e) Jewelry is acceptable except in areas where it constitutes a health or safety hazard. (f) (g) Good personal hygiene is required. Dress must be appropriate to the work setting, particularly if the employee deals with the public. (h) Employees may be required to wear uniforms specified by the City. City Page 37 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 245 G) uniforms shall be worn in a professional manner. Employees should be mindful of other employees' sensitivity to perfume and other fragrances, and employees shall refrain from wearing fragrances that are offensive or harmful to others. 27. USE OF CITY EQUIPMENT No City -owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item that is the property of the City may be used by an employee other than for City business, unless the City Manager or designee approves in advance. No employee may allow any unauthorized person to rent, borrow, or use any City property, except upon prior written approval of the City Manager or designee. For further information, see the City's Vehicle Use policy. 28. TRAVEL AND TRAINING POLICY 28.1. The City is committed to ensuring that its employees receive adequate training to perform their jobs. Training and travel are subject to department approval. Training opportunities that occur outside normal work hours require approval by the Department Head. Overnight travel also requires approval by the Department Head. 28.2. The City generally requires that training, and attendant travel, be scheduled in a way that will minimize the City's overtime liability. From time to time, the City issues policies that govern these areas. Employees must observe these policies. 28.3. City business travel shall be carried out in an efficient, cost-effective manner resulting in the best value to the City. Telecommunications instead of travel should be considered when possible. The City will pay or reimburse all business travel related expenses based on reasonableness and on the actual amount of expense incurred by the employee pursuant to the City's official Travel and Other Business and Reimbursement of Expenses policy as may be amended. Employees having questions about the City's travel and training policies should contact their supervisor or the Administrative Services Department. 29. MISCELLANEOUS 29.1. City May Amend or Revise Rules and Policies From time to time the City may adopt new or amended Rules and policies, after appropriate consultation with the City employees. Page 38 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 246 29.2. N o Contract These Rules do not create a "contract" of employment between the City and any employee. Public employment is statutory, not contractual. 29.3. Severability If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these Rules and the remaining Rules given full force and effect. 29.4. W ord U sage The term "City" as used in these Rules refers to the City of Dublin. Responsibilities and rights of the City under these Rules are exercised by the City Manager and may be delegated by the City Manager. Page 39 of 39 City of Dublin Personnel Rules Revision Date: September 5, 2023 247 Attachment 3 Exhibit B to the Resolution City of Dublin Personnel System Rules Last Updated — September 5. 2023 1 248 Attachment 3 Exhibit B to the Resolution PERSONNELRU ES CITY OF I111Q1LIN Table of Contents I. INTRODUCTION 2 2. EMPLOYER / EMPLOYEE RELATIONS 3 3. DEFINITION OF TERMS 3 4. CLASSIFICATION PLAN 6 5. RECRUITMENT AND SELECTION 7 6. PERFORMANCE EVALUATION PROGRAM 11 7. FITNESS FOR DUTY EVALUATIONS 12 8. PERSONNEL FILES 12 9. WAGE AND HOUR BENEFITS 13 10. WORKWEEK. CALL-BACK PAY. MEAL PERIODS. 18 I I. AND LACTATION BREAK 18 12. LEAVES 19 I 2.TRANSFERS 30 13. LAYOFF AND RECALL 31 14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE 32 15. GRIEVANCE PROCEDURE 32 16. DISCIPLINE/GENERAL RULES OF CONDUCT 33 17. RESIGNATIONS 37 18. NON-DISCRIMINATION AND HARASSMENT 38 19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES 38 20. OUTSIDE EMPLOYMENT 39 21. VOLUNTEERS 39 22. DRUG AND ALCOHOL -FREE WORKPLACE 39 23. NEPOTISM 40 24. GIFTS AND GRATUITIES 40 25. USE OF INFORMATION AND ELECTRONIC SYSTEMS 40 26. DRESS CODE 41 27. USE OF CITY EQUIPMENT 42 28. TRAVEL AND TRAINING POLICY 42 29. MISCELLANEOUS 42 1 249 1. INTRODUCTION 3 3. EMP!1QYER; EMPLOYEE RELATIQNE 2 3. C\FINITION OF TERMS 3 1. CzA&£IFKATION RAN 5 E. RECRVITMENT AN: EELECTIQN` a. PERFORMANCE EVALUATION PROGR"AA 11 FITN\`SS FSR NTY EVALUATIONS 13 MRS-NN`! FILES 13 9. WAGE AND HO.''R 6ENEFITS 11 WORKWEEK CA i _BACK onv MEA PERIODS nND i CTnTION nnEAK 17 LEAVES 1P 13. TRAWcliC 33 13. LAYOFF ANC` RECALL 30 1'l. EMPLOYEE SAFETY/VIOLENCE IN TI-IE WORKPLACE 31 1E. CRIE\C1PICE PRQCED 'RE 31 16. DISCIPLINE/GENERAL RYLEA QF CQN`' l'CT 23 17\ RESIGNATISN.S 3E 18. NON DISCRIMINATION AND HARASSMENT 37- 19. ACCOMMODATIONS FOR EMPLQVEE DIEAINLITIES 27 3 \ Ql'TEIDE EMPL CYMENT 3tz• 31. \'QLL'NTEERE 2E 22. DRUG AND ALCOHC\ FREE WORKPLACE 38 23. NEPSTI9\1 30 24. GIFTS AND GFIAT1'ITISg 'C' 2E. L' E OF INFORMATION AND ELECTRONIC SYSTEME 2P 3E. DRESS C-OC\= 10 27. USE OF CITY EQUIPMENT 10 28. TRAVEL ANIC TRAININC- POLICY 11 3C\ MIECEL L ANEQ11. 11 11 I. INTRODUCTION 1.1. These Personnel Rules (hereafter "Rules") generally describe the employment Page 2 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 250 relationship between the City of Dublin (City) and its employees. The Rules apply to all employees, except where otherwise indicated in these Rules, or where an applicable memorandum of understanding (MOU), or Resolution, specifically conflicts with a Rule. City Policies are in conjunction with the Rules. Each employee will receive a copy of these Rules and related City Policies and is responsible for reading and adhering to the Rules and Policies. 1.2. These Rules may be amended from time to time. However, in order to be effective, the amendment must be in writing and approved by the City Council. 1.3. The City Manager, or designee is vested with the responsibility to interpret these Rules in the event any provision of these Rules is deemed to be ambiguous. 2. EMPLOYER / EMPLOYEE RELATIONS 2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown Act (MMBA), Government Code section 3500, et seq. The City has in place an Employer -Employee Relations Resolution, which specifies the City's local rules, rights and obligations regarding labor relations. 2.2. Under the City's Employer -Employee Relations Resolution, and the MMBA, the City recognizes certain labor organizations as the exclusive representative for purposes of labor negotiations. For non -represented employees, the City consults in good faith with all employees regarding wages, hours, benefits, working conditions, and other items of mutual interest and provides advance notice of certain matters as specified in the City's Employer -Employee Relations Resolution. Such consultation shall be in accordance with the law. 2.3. City Employee pay schedules and various health and welfare benefits are set forth in the City's Salary and Benefit Plans and are adopted by the City Council. 2.4. Employees having questions concerning matters related to their classification, salary, or health and welfare benefits may contact City's Human Resources directly. 2.4. 3. DEFINITION OF TERMS All words and terms used in this section and in any City Ordinance or Resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the following words and terms most commonly used are hereinafter defined: 3.1 3.1 "Advancement": A salary increase within the limits of a pay range established for a class." 3.1 Page 3 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 251 o 3.2 3.3 3.3 3.2 "Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. 3.3 "Appointing Authority": The appointing authority of employees in the Ccompetitive Sservice is the City Manager. The City Manager shall either approve the appointment, removal, promotion or demotion of all City employees or authorize Department Heads to appoint, remove, promote or demote in certain classes of positions subject to all applicable personnel rules and regulations which may be adopted by Ordinance or Resolution by the City Council. 3.1 3.1 "Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title with common standards of selection, transfer, demotion, and salary. 3.4 3 3 "Classification Plan": The designation by City Resolution of the City Council of a title for each class, together with the specifications for each class as prepared and maintained by the City Manager, or designee. 3.5 3.6 3.6 "Class Specifications": A written description of a job classification, setting forth the essential characteristics, knowledge, skills, abilities and the requirements of positions allocated to the classification. Such documentation may also be referred to as a Classification Description. 3.6 '2 7 3.7 3.7 "Competitive Service": All positions of employment in the service of the City except those excluded as specifically set forth in the Dublin Municipal Code Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any amendments thereto) or its successor. 3.E 3.E "Demotion": The movement of an employee from one class to another class having a lower maximum base rate of pay. 3.8 219 2P. "Domestic Partner". "Domestic Partner" as defined by the State of California in an appropriate Code Section. 3.9 Page 4 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 252 3.10 3.10 "Eliaible": A person whose name is on an employment list. 3.124 "Employment List": (a) Open employment list: A list of names of persons who have taken an open - competitive examination for a class in the Ceompetitive Sservice and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the Ceompetitive Sservice and have qualified. (b) 3.132 _"Examination": (a) Open -competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. 3.143 _"Full -Time Position": A position in the Ceompetitive Sservice requires at least forty (40) hours per week. A full-time position may be either temporary or regular. 3.154 _"Immediate Family": Means parent, current spouse or domestic partner, child, current stepchild, grandparent, brother, current stepbrother, current brother-in- law, sister, current stepsister, current sister-in-law, current mother-in-law or current father -in- law. 3.I 6& _"Part -Time Position": A position having a work week of fewer hours than the work week established for full-time positions. A part-time position may be either temporary or regular. 3.176 _"Personnel Ordinance":_ Ordinance which creates a personnel system and rules for the City as codified in the Dublin Municipal Code Title 2. 3.187 _"Position": A group of duties and responsibilities in the Ceompetitive Sservice requiring the full-time or part-time employment of one person. 3.198 _"Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. During such periodperiod, an Page 5 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 253 employee is considered at -will and may be terminated at any time without cause. 3.20+9 "Promotion": The movement of an employee from one class to another class having a higher maximum base rate of pay. 3.210 _"Provisional Appointment": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six (6) months. 3.221- "Recruitment": (a) Open: A recruitment for a particular class which is open to all persons meeting the qualifications for the classification. (b) Promotional: A recruitment for a particular class which is open only to employees meeting the qualifications for the classification. 3.232 _"Regular Employee": An employee in the Ceompetitive Sservice who has successfully completed the probationary period and has been retained as provided in these Rules. 3.243 _"Reinstatement": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non -probationary employee. 3.254 _"Temporary Employee": An employee who is appointed to a temporary or a permanent position for a limited period of time. 3.265 _"Temporary Position": A full-time or part-time position of limited duration. 3.276 _"Transfer": A change of an employee from one position to another position in the same class or in a comparable class. 3.287 _"Work Period": A normal work period shall begin at 12:01 a.m., Saturday and shall end at 12:00 midnight on the following Friday. Alternate work periods may be established in accordance with these rules. 4. CLASSIFICATION PLAN 4.1. The City maintains a set of job classification descriptions. Each job classification description includes a class title and a general written description of the duties and responsibilities. Classification descriptions are readily available electronically from the City's internet website, City's internal intranet website and are available upon request to City Human Resources. Page 6 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 254 4.2. Job classification descriptions may be abolished or amended from time to time. In addition, new job classification descriptions may be added to the City's classification plan. 4.3. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) shall be allocated by the City Manager or designee to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities. 4.4. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor who will work with the Department Head and Human Resources to further evaluate the position. 4.5. The City may utilize temporary or emergency employees in such circumstances as the City deems appropriate. These employees may be assigned to regular or temporary full- or part-time positions during such periods. 5. RECRUITMENT AND SELECTION S.I. Recruitment 5.1.1. The City may utilize any legitimate recruitment procedure for attracting qualified applicants. Recruitments may be "promotional" or "open," depending on the City's needs. 5.1.2. Consistent with the best interests of the City, all vacancies in the Ceompetitive Sservice shall be filled by promotion from within the Ceompetitive Sservice, after a promotional examination has been given and a promotional list established. The City will give reasonable notice to all of its employees concerning the City's employment opportunities. 5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest of the City, a vacancy in a position may be filled by an open -competitive examination instead of a promotional examination. In that event the City Manager or designee shall arrange for an open -competitive examination and for the preparation and certification of an open -competitive employment list. 5.2. Applications for Employment 5.2.1. Each candidate shall complete those application forms designated by the City. An applicant's failure to provide complete, truthful and accurate information on all application materials shall be grounds for immediate disqualification in Page 7 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 255 the application process and may result in dismissal from employment. 5.2.2. As part of the pre -employment procedure, applicants may be required to supply references, and a waiver, to enable a thorough background check, including fingerprinting, by the City. The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment with the City of Dublin to the extent permitted by law. 5.3. Disqualification or Rejection 5.3.1. The City may reject or disqualify applicants for any legitimate reason. In addition, the City may permanently disqualify applicants from future employment for good cause. In the event of permanent disqualification, the City shall notify the applicant of the action, include a brief description of the reasons, and permit the applicant to appeal pursuant to the procedure specified in these rules. The appeal submission will be maintained with the application file, if requested by the appellant. The appeal procedure is not available to applicants except in cases of permanent disqualification. 5.3.2. Criminal Conduct - Once a conditional job offer has been made, employers are permitted to conduct a criminal history check. However, the City cannot rescind the job offer based on an applicant's criminal history without going through the following process: I) -Making an individualized assessment that justifies denying the applicant the position. In making such determination, the appointing authority may consider the following factors: (a) the classification to which the person is applying or being certified and whether the classification is unrelated to the conviction; (a) (b) the nature and seriousness of the offense; (b) (c) the circumstances surrounding the conviction; (c) (d) the length of time elapsed since the conviction; (d) (e) the age of the person at the time of conviction; (e) (f) the presence or absence of rehabilitation or efforts at rehabilitation; f) (g) eurtrib'JtinRcontributing to social or environmental conditions. 2) Notifying the applicant in writing of a preliminary decision to take back the Page 8 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 256 offer; 3) Giving the applicant a chance to provide additional information; and 4) Notifying the applicant in writing of a final decision to take back the offer and informing the applicant of the right to complain to California's Civil Right Department (CRD)-of Fair Ernrki,ment and Housing (DFEH). 5.3.3. An applicant who is disqualified for employment under this section may appeal the determination of disqualification. Such an appeal must be in writing and filed with the City Manager or designee within ten (10) days of the date of the notice of disqualification. The City Manager or designee will hear and determine the appeal within ninety (90) calendar days after it is filed. The determination of the City Manager or designee on the appeal is final. 5.4. Testing 1 Assessment Process The City may utilize any legitimate method to determine the qualifications of applicants, including, without limitation, written tests, oral examinations, panel interviews, assessment centers and oral interviews. The City may list successful applicants on a "list of eligibles." The list of eligibles will be maintained for the duration specified by the City. 5.5. Appointment 5.5.1. The City may appoint any qualified applicant from the list of eligibles to a regular position in the classification for which the applicant is qualified. Positions may be full_ time, or part-time, depending on the needs of the City. In the absence of a list of eligibles, the City may make temporary appointments pending development of a new list. The City endeavors to provide notice to all City employees at least one week in advance of new employment opportunities. 5.5.2. The City in its discretion may permit lateral transfers to a vacant position. The transfer shall be subject to the rules governing transfers. The City endeavors to provide notice of vacant positions for at least one (I) week to ensure opportunities for transfer. 5.5.3. The City may in its discretion cause a new list of eligibles to be generated in the event the City believes that circumstances warrant a new list. Such circumstances include, but not limited to the age of the eligible list; an inadequate number of candidates; and changing job requirements. 5.5.4. In the absence of names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and Page 9 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 257 experience qualifications for the position. This appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee. A provisional employee may be removed at any time without the right of appeal or hearing. 5.5.5. A provisional appointee accrues the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee is counted as time toward the fulfillment of the required probationary period. 5.5.6. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open competitive/promotional lists, for service rendered under a provisional appointment. 5.6. Probationary Period 5.6.1. Unless a different probationary period is specified in the employment announcement, application, appointment documents or job specification, upon beginning a job in a new classification of employment, employees in the Ceompetitive Sservice who are not at -will must serve a probationary period of twelve (12) months. Periods of time during unpaid absences shall automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding twenty (20) working days shall extend the probationary period by that number of days the probationary employee is on such leave. Only employees in the Ceompetitive Sservice who are not at -will employees are subject to probationary periods. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the City Manager or designee a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory, and their employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated employee by the City Manager or designee after the expiration of the selection period. 5.6.2. The City may establish probationary periods exceeding twelve (I 2) months in duration for positions involving duties and responsibilities that the City believes warrant an extended probationary period. In that event, the City will indicate the probationary period in the job announcement or other application -related materials. Further, with respect to existing classifications, the City must provide advance notice of the probationary period change to the City employees in those classifications. Page I 0 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 258 5.6.3. During the probationary period, probationary employees may be released from City employment at any time, without cause, without right of appeal or hearing. The City is not required to explain the reasons underlying the release from probationary employment. If the City approves, the released probationary employee may be appointed to any vacant position in a classification in which the employee is qualified and performed satisfactorily for at least one (I) year, subject to a new probationary period. 5.6.4. Promotional Probationary Period. When a regular employee is promoted, a promotional probationary period shall begin on the effective date of the promotion. During the probationary period of a promoted employee, the Department Head may recommend that the employee be demoted to the former position, range, and salary if the employee's performance and/or conduct do not meet the standards of the position to which the employee was promoted. Such recommendation is subject to approval by the City Manager or designee. Employees on promotional probation have no rights to tenure in the promotional position and may be returned to their former position without cause, without notice and without right of appeal or hearing. If the former position is not vacant or not available, the employee on promotional probation shall be separated from employment without the right of appeal and placed on the eligibility list for the former position for a twelve (I 2)-month period. Placement on an eligibility list does not guarantee that the employee will be re -hired to the former position once that position becomes available. 5.6.5. Probationary periods do not apply to "at -will" employment as defined in these Rules, and can be terminated at any time, with or without cause and without right of appeal or hearing. 5.7. At Will Certain positions in the City are designated "at -will." At -will positions are not subject to the job protections described in these personnel rules, including processes and rules for recruitment, discipline, termination, probationary periods, testing, and appointment from eligible lists. At -will employees are subject to these rules only to the extent that the rules set forth certain benefits and terms and conditions of employment to which all employees are entitled pursuant to applicable law. Other rules applicable to at -will employees are set forth in applicable Council Resolutions. The employment of at -will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating "good cause," and without right of appeal or hearing. Nothing in these Rules affects or changes the at -will nature of employment for the City. 6. PERFORMANCE EVALUATION PROGRAM Page I I of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 259 6.1. The City requires employees in the Ceompetitive $service to undergo performance evaluations periodically throughout their employment. The City shall prescribe appropriate forms for completing performance evaluations. 6.2. The purpose of performance evaluations is to communicate to employees regarding their work performance, and to provide employees an opportunity to discuss their concerns regarding the same. 6.3. All employees shall receive a written performance evaluation six (6) months following the date of hire or promotion. Thereafter, within thirty (30) days of each anniversary date, a written employee performance evaluation will be completed. Employees may also be requested to complete a written self -evaluation of their performance, for discussion with the employee's supervisor. In addition, a performance evaluation may be prepared at any time, at the discretion of the employee's supervisor. 6.4. Each performance evaluation will be discussed with the employee to identify areas of successful performance and those which require improvement. The employee may comment regarding their work performance, either in an attached written statement or orally to the supervisor. Written statements submitted by the employee will be included into the final evaluation document and filed. The employee must sign the evaluation, which will signify that they are aware of the contents. The employee's signature does not imply agreement with the contents of the evaluation. If the employee refuses to sign the evaluation, a witness will sign as acknowledgment the employee's refusal to sign the evaluation. All employee evaluations will be signed by the employee's direct supervisor, the employee's Department Head, and the City Manager, or designee. 6.5. Performance evaluations are kept in employee personnel files. Employees may submit comments or rebuttals to their performance evaluations within thirty (30) calendar days of issuance, and these documents will also be maintained in the personnel files with the performance evaluations. 7. FITNESS FOR DUTY EVALUATIONS All employees must be physically and mentally capable of performing the essential functions of their jobs. The City, at its expense and selection, may require an employee to undergo a fitness for duty evaluation based on any reasonable cause. 8. PERSONNEL FILES 8.1. The City maintains an official personnel file for each of its employees. Personnel files Page 12 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 260 contain personnel records deemed necessary for the administration of human resources in the City. 8.2. Personnel files are available for inspection by employees within a reasonable time after an employee's request and without loss of pay, provided that employees make arrangements with their supervisor if the inspection occurs on duty. Upon written request, employees may obtain copies of the materials subject to inspection. The City may preclude inspection of certain information in accordance with the law, such as background and other pre -employment information, and materials relating to investigations. 8.3. The City maintains injury reports and confidential medical records in separate files. No information contained within an employee's personnel file will be released to a third party unless a waiver has been signed by the employee, except as required by law. Only those documents which have been specifically released by the employee as shown in the waiver will be shown to the third party. 9. WAGE AND HOUR BENEFITS 9.1. General Provisions 9.1.1. Wages and benefits are subject to approval by the City Council. Wages and benefit schedules are contained in the City's Salary and Benefit Plans covering the City's classifications. Employees having any questions about employment classifications, wages and benefit schedules should contact City Human Resources. 9.1.2. The City is committed to observing all-ef its obligations under the Fair Labor Standards Act ("FLSA"). These rules, as well as all applicable provisions in memoranda of understanding, Council Resolutions, and all City pay practices, shall comport with, and shall be interpreted to ensure the minimum requirements of, the FLSA. 9.1.3. The City Manager or designee will designate a workweek for employees in accordance with the law. The usual working hours for City employees shall be 8:00 a.m. to 5:00 p.m. (including a one -hour unpaid lunch break) and a normal workweek consists of forty (40) hours. Some departments may require a different work schedule developed by the Department Head and approved by the City Manager or designee. Alternative or flexible schedules that result in a regular schedule of more than forty (40) hours in a workweek are not permitted. Any flexible day(s) must be taken within the same workweek, must be scheduled as not to interfere with assigned duties, and are subject to approval by the Department Head and/or City Manager. All Page 13 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 261 9.2. alternative or flexible schedules must be reviewed prior to the effective date to ensure compliance with FLSA. 9.1.4. Except when necessary to address an emergency or special circumstance, employees who are entitled to overtime compensation under the law may not work outside of regularly scheduled working hours or during unpaid meal periods without the prior authorization of a supervisor. In any emergency event, employees must report overtime work as soon as possible after the work is performed. Violations of this rule may result in discipline, up to and including termination of employment. 9.1.5. Overtime for eligible employees Deis any hours worked in excess of forty (40) hours during a single workweek. 9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour workweek, shall be paid at an hourly rate of one and one-half times the regular hourly rate. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours cw-rir timeCTO per overtime hour worked instead of receiving cash payment. The decision to receive overtime pay or CTOcomp time credit shall be made at the end of the pay period in which the overtime is worked, provided the employee has not accrued the maximum CTOcomp time allowed. Employees may not convert CTOeeirr time to overtime pay except at termination of employment or change in eligibility for CTO accrual. CTO may be accrued up to a maximum as established by these Rules. 9.1.7. For purposes of calculating overtime pay, holidays count as hours worked within a workweek. Paid leaves do not count as hours worked within a workweek. Employees eligible for overtime who take minutes at a City Council, Commission or Committee meeting shall be compensated at one and one-half times their hourly rate for the time they are attending the meeting, regardless of the hours worked in the corresponding workweek. 9.1.8. The City designates as "FLSA Exempt" those employees who work in professional, executive or administrative capacities and who are therefore not entitled to overtime compensation under the FLSA. 9.1.8.9.1.9. In the case of civil disaster. state of extreme emergency or local peril. all employees have the duty and obligation to perform emergency works upon request of proper authority declaring such emergency. The overtime procedures herein established shall not be in effect and compensation procedures shall be determined at the time of such conditions by the City Manager. Page 14 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 262 9.2 Compensation 9.2.1. Market Rate Adjustments: 9.2.1. All Market Rate Adjustments shall be based on changes in the Consumer Price Index (CPI) or an total compensation annual salary survey, as determined by the City Manager and approved by the City Council. (a) As provided for in the salary and benefit plan, the City Manager is authorized to assign salaries within a range. The, which range is adopted by the City Council in the Salary Plan. (b)-The Market Rate Adjustments are aivivrt than he -established on an annual basis, pursuant to the Benefit Plan, and subject to approval by City Council. bascd on thc changc in thc cmployce'c mlary rangc from one fiscal ycar to thc ncxt as dctcrmincd by a survcy and shall nat— cxcocd 1% unlcss an cmploycc's actual ntlery falls morc than 1% below thc bottom of thc new salary rangc. (c)(b) Market Rate Adjustments shall be effective July I' annually. (d)(c) The Market Rate Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.2. Merit Adiustments: 9.2.2. Merit Adjustments are separate from Market Rate Adjustments and shall be based entirely on employee performance. (a) Each fiscal year, the City Manager or designee will determine the maximum Merit Adjustment percentage based on the Council - authorized Salary Plan for all regular employees regularly scheduled to work twenty (20) or more hours per week. (b) The City Manager or designee will notify all regular employees prior to the start of the fiscal year the amount available for Merit Adjustments. (c) Any recommendation for a Merit Adjustment shall include a written performance evaluation. (d) An employee's performance is reported on a form designated by the City Manager or designee. Where applicable, this evaluation also includes input and observations from the employee's supervisor. Page 15 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 263 (e) Based upon the performance evaluation, the City Manager or designee may authorize an additional Merit Adjustment, provided that adjustment will not create a salary that is greater than the range authorized in the adopted Salary Plan. The amount of the adjustment shall be based on the evaluation presented and any other factors indicating the employee's work performance. (f) The effective date of any Merit Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.3. Performance Pav Adiustments: 9.2.3. Performance Pay Adjustments are separate from Merit Adjustments and are intended to provide limited pay adjustments given an employee's salary position within the adopted pay range. (a) An employee shall be eligible for a Performance Pay Adjustment annually, provided the other criteria in this section have been met. This is to allow for a Performance Pay Adjustment in conjunction with an employee's annual review related to the employee's anniversary date. (b) A Performance Pay Adjustment shall be a one-time wage increase, which will not alter the pay range adopted pursuant to the adopted Salary Plan. (c) This adjustment may be granted to a regular employee scheduled to work twenty (20) or more hours per week, if the evaluation process followed under provisions for Merit Increases (Section 9.2.2) indicates that the employee's performance is at an exccrtie.. 1 superior_ satisfactory level or above, which would warrant a Performance Pay Adjustment beyond the adopted salary range. (d) A Performance Pay Adjustment shall be at the discretion of the City Manager or designee and will be based on a written performance evaluation and any other factors indicating the employee's work performance. (e) Performance Pay Adjustments shall be a one-time lump sum payment, based on the score received on the performance evaluation. In exceptional cases. the City Manager may authorize a Performance Pay_ Adiustment which shall not exceed 9% of the employee's annual Page 16 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 264 salary. For purposes of this section, the employee's annual salary shall be twelve (12) times the employee's monthly salary prior to the adjustment. (f) The effective date of any Performance Pay Adjustment shall be noted on the Personnel Action Form that must be approved by the City Manager or designee. 9.2.4. Salary Following Promotion: When an employee is promoted to a position allocated to a classification with a higher salary range. such employee shall generally be placed in the new salary range 5.0% above the previous salary level. Upon recommendation of the Department Director. the City Manager may approve assignment to any other salary within the higher salary range. but never outside the salary range. 9.2.5. Temporary Upgrade/Special Assignment Pav: a. Temporary Upgrade Pav Employees assigned to perform duties of an assignment. in writing by the City Manager or designee. who pursuant to such assignment. assumes and performs all of the ordinary day-to-day duties of a position of a higher classification for at least thirty-one (31) consecutive work days shall be paid an additional 5% of the regular pay of their own classification. or the first step of the higher classification in the classification plan whichever is greater. for all time worked in the assigned higher classification Temporary Upgrade Pay will be limited to 960 hours a fiscal year for assignments in vacant positions aualifving for temporary upgrade pay. . Temporary Upgrade Pay is reportable to the California Public Employee Retirement System (CaIPERS). as defined by CCR 571(a)(3) for classic CaIPERS members. to the extent allowed by law. Work assignments shall not be changed for the sole purpose of evading the reauirement of providing temporary upgrade pay to an employee who would otherwise be eligible. The effective date of any change in assignment under this section shall be noted on a Personnel Action Form that must be approved by the City Manager or designee. A Personnel Action Form shall be generated upon the completion of the acting pay status identifying regular Day of an employee's classification prior to the acting Day authorization. b. Special Assignment Pay Page 17 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 265 An employee who is temporarily assigned for a at least thirty-one (31) consecutive workdays to perform significant additional duties outside the scope of the iob specification of the employee's classification. in addition to the employee's regular iob duties, will receive Special Assignment Pay at a rate of five percent (5%) above the employee's base salary. This pay is not reportable to CaIPERS. (f) I0.WORKWEEK, CALL-BACK PAY, MEAL PERIODS, 10,1 LAND LACTATION BREAK I0.1 Workweek 10.1.1 The City's basic standard workweek for full_ time employees is forty (40) hours per week, in a seven (7) day period. The workweek generally commences at 12:01 a.m. every Saturday and is a regularly recurring seven (7) day period ending at 12:00 midnight every Friday_ 10.1.1 :The workweek for employees on an alternative work schedule may be modified based on individual schedules to accommodate forty (40) hours in a seven (7) day work period. For employees assigned to the 9/80 work schedule. each employee's designated FLSA workweek shall begin exactly four (4) hours after the start of the employee's regularly scheduled eight (8) hour shift on the day of the week that corresponds to the employee's alternating regular day off. The same day of the week shall be permanently designated as the employee's alternating regular day off. 10.1.2 The City shall establish and may modify regular working hours for its employees. The City may require employees to work overtime and to perform standby responsibilities. Employees shall be responsible for reporting to work on time and observing the work schedule established for their department. I0.2 Call -Back Pay When an employee, considered non-exempt for the purposes of the Fair Labor Standards Act (FLSA), has completed a normal shift for the day, is on a regular day off, or is on paid leave, and is called back to work, the employee will, upon reporting, receive a minimum of two (2) hours work at the overtime rate (time and one-half), or if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the overtime rate. Subsequent hours worked under this section; will be paid according to the overtime provision in Section 9 of these Rules. This provision does not apply to instances in which the employee is called to report before the regular starting time and is furnished work until the end of his/her normal shift. The first two (2) hours of call back pay, per occurrence, cannot be taken as compensatory time off and will be paid to the employee as a cash payment. Page 18 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 266 10.3 Meal Periods Unless otherwise established for a department for particular employees, employees shall receive a thirty (30) or sixty (60) minute meal period that shall not be compensated. During the meal period, the non-exempt employee must be completely relieved of duties. If the employee is authorized in advance and performs work during the meal period, the employee shall be compensated. Meal periods may not be used to shorten the workday. 10.4 Lactation Break An employee who wishes to express breast milk for her infant child during her scheduled work hours will receive a reasonable amount of additional unpaid time beyond any compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to taking such a break— _Breaks may be reasonably delayed if they would "seriously disrupt" the City's operations as those terms are used in Labor Code section 1032. -Once a lactation break has been approved, it should not be interrupted except for emergency or exigent circumstances. For additional information concerning lactation accommodation, see the Lactation Accommodation policy. 4-1,12. LEAVES 11.1 Leave Overview 11.1.1. Employees are expected to be at work at scheduled times. To ensure public accountability and the integrity of public service, all employees are expected to account for their absences from work. Leave time is chargeable in increments of one- quarter of an hour (1/4) or fifteen (15) minutes. 11.1.2. Scheduled leaves are subject to approval by the Department Head and scheduled two (2) weeks in advance whenever possible, with due regard for the City's service needs. 11.1.3. The City may employ any reasonable measure to ensure employees are properly accounting for leaves, including requiring reasonable proof that the basis for the leave is legitimate. Employees may be required to submit a medical certification of sickness supporting a request for sick leave use pursuant to these Rules and City policy. The City may require a fitness for duty certification from any employee returning from leave. Abuse of leave privileges, including working for a secondary employer while on sick leave, may subject an employee to disciplinary action, up to and including termination of employment. 11.1.4. Leave benefits are available only to regular, or probationary, employees Page 19 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 267 regularly scheduled to work more than 1,040 hours on an annual basis, but not temporary part-time or "extra help" personnel unless otherwise noted. 11.2. General Leave 11.2.1. A General Leave Plan has been established for all employees in thc regularly scheduled to work more than 1,040 hours on an annual basis, in lieu of traditional vacation and sick accrual programs. The City's General Leave Plan conforms with the Healthy Family Act of 2014 (CA Paid Sick Leave). General leave may be used for any leave purpose; however, the following sections govern its use. 11.2.2 General leave falls into two categories: Employee tdl givc at Icast two (2) weeks' noticc of a Gcnerc.l Lcrvc rcquc3t. Em 2oyccs who tmrrtrrt-e- cmployment etrail vat their accrucd but urrdvd-Gtex-Aml Lcavc at thc cmploycc'c h►varl)• rate rt thc timc of serzarrtiu; from City scrvicc. (a) Scheduled Leave: Any leave which can be reasonably forecast or anticipated (i.e.,_ vacation leave), scheduled medical/dental appointments, extended weekends, personal leave, etc. (a) Scheduled leave requires the approval of the City Manager or designee prior to the absence. A request for scheduled leave should be submitted on a form designated by the City Manager. The employee shall be given due regard in selecting a convenient period to take scheduled leave. provided it is not in direct conflict with the best interest of the City. Every effort should be made to submit requests two weeks prior to the requested leave. (b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely of an unanticipated nature (i.e., leave due to illness); Unscheduled Leave exceeding five (5) days may require a certificate indicating that the employee was unable to work and may also be required to specify whether the employee can return to work with or without restrictions—. The use of unscheduled leave shall be reported on a form and manner designated by the City Manager. In appropriate or excessive use of unscheduled leave may be grounds for disciplinary action. (b) 1 1.2.3. Employees accrue General Leave at the following rates: (a) Full -Time employees in the Ceompetitive Sservice accrue gGeneral Page 20 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 268 !Leave for each bi-weekly period of service, based on the years of service with the City accordingaccordin2 to the schedule below. General leave shall be accrued based on actual hours paid during the pay period. For example. iff an employee begins work on any date other than the first working day of a bi-weekly pay period, or an employee takes any time leave without pay. the amount of gGeneral !Leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City._ {a) Length of Service Beginning with the first month through 5`h year (60`h month) Following the 5th year through the 10`h year (61 S` — 120`h month) Following the 10`h year through the 15`h year (12 I St month — 180`h month) Following the 15`h year (181 St month) Leave Accrued Each Leave Bi-weekly Pay Period_ Accrued Each (Based on 40 Hrs. Paid) Year 6.77 Hours 22 days 8.31 Hours 8.92 Hours 9.54 Hours 27 days 29 days 31 days (b) For employees in the Ceompetitive Sservice scheduled to work between 20 and 40 hours per week, the pro-rata share to be accrued will be the percentage of a regular 40--hour work week which they are scheduled to work, multiplied by the leave accrued per month, as shown in Sub -section (a) above. For example, an eligible employee scheduled to work 20 hours per week will accrue 50% of the accrual rate in Subsection (a) above, and an employee scheduled to work 30 hours per week will accrue 75% of the accrual rate shown in Subsection (a) above. The regularly scheduled number of wrrlc I1' ,Jro P:uat be dcsignatcd ev t! a Personnel Action Form. (c) Designated Management (i.e.. At -will) Employees accrue general leave for each bi-weekly period of service. based on the years of service with the City according to the scheduled below. except that the City Manager shall be granted the authority to assign general leave accrual rates for at -will employees outside the denoted length of service. Exceptions to the standard accrual rate will be considered based on length of service in other organizations. General leave shall be accrued based on actual hours paid during the pay period. For example. if an employee begins work on Page 2 I of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 269 any date other than the first working day of a bi-weekly pav period. or an employee takes any time leave without Day. the amount of General leave earned in that period is proportionate to the number of hours/days worked. The accrual of general leave begins on the first day of work. The bi-weekly period coincides with the payroll period established by the City. Length of Service 1Beginning with the first month through 5th year (60th month) 1Following the 5th year through the I Oth year (6 I s — 120`h month) 1Following the I Oth year through the 1 15`h year (I 2 15L month — 1 180`h month) 1Following the 15`h year 1(18 I s month) Leave Accrued Each Leave Bi-weekly Pay Period Accrued Each (Based on 40 Hrs. Paid) Year 7.38 Hours 24 days 8.31 Hours 27 days 8.92 Hours 29 days 9.54 Hours 31 days 11.2.4. No employee shall accrue more than 480 hours of gGeneral (Leave. When an employee's unused leave balance reaches this limit, the employee shall no longer accrue gGeneral (Leave until the balance falls below the maximum accrual limit. 1 1.2.5. If, during the first twelve (12) months of employment, an employee exhausts all leave accrued, the City Manager may advance an employee up to forty (40) hours of general leave. An advance may only be provided when it is in the best interest of the City and the following conditions are met: (a) The request is in writing. stating the reason for the advance: and (b) The employee states the date of anticipated return. (c) The advance of leave is part of a hiring process approved by the City Manager. (d) Any leave that is advanced will be deducted from future accruals. If an employee terminates employment prior to repayment of the advanced leave. the employee is required to reimburse the City for paid salary and benefits which were not earned by the employee. Page 22 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 270 11.2.3 Any employee separating from City service who has accrued general leave is entitled to be cashed out of their accrued, but unused, General leave at the employee's hourly rate of pay at the time of separation. When separation is caused by death of an employee. payment will be made to the spouse or the estate of the employee or. in applicable cases. as provided by the Probate Code of the State. General leave will be paid out at the employee's current hourly rate at the time of termination for any unused general leave. 1 1.3 General Leave Cash Out 11.2.5. Annually. employees may elect to convert up to eighty (80) hours of accrued general leave into a cash payment, at their base rate of pay in effect at the time of the cash -out. Opportunities for general leave conversion will occur twice a year (May and December). Eligibility is contingent on having at least one hundred (100) hours of general leave remaining after the conversion. Management employees will only be permitted to cash out a total of eighty (80) hours of general leave and administrative leave. cumulatively. each calendar year. See Section 11.10 for information regarding administrative leave cash out. (-a) TIC, p rezt-r.-14421 (b)'a) Tk. cr-I-ploy& Yzti: rc -urr�. (c)(2) The advance of leave pert e/— hi : -g prc — -3-&ripied=br theMa rljer O (a) Any Icavc tho.t !' advanced will be dcductcd fr m futurc accruals. If an o reimiauroc thc City f r paid salary and bcncfits which were n t earned by thc cmpl ycc. 11.2.6. Any cmploycc scp rating from City scrvicc who has accrucd General —Leave cd by death e the orvaa1Gr the estate of the cmploycc or in applicable mom, provided by thc Probatc Codc of the Statc. General Icavc will be paid c/a ct ;.hc cmrk yce's currcnt hourly rate at tirrx afcrmirxttion for any unuscd general Icavc. 11.3. Sick Leave 11.3.1. _Part-time temporary employees are eligible to accrued sSick (Leave in accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave). 11.3.2. _Pursuant to the City's General Leave Plan, regular and probationary full - Page 23 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 271 time employees may earn sSick heave only if the employee is ineligible to accrue gGeneral (Leave due to reaching the maximum accrual limit. When a regular or probationary employee has reached the maximum gGeneral !Leave accrual, the employee accrues sick leave at the rate provided for gGeneral (leave —_ Once a regular and probationary employee's gGeneral !leave accrual is below the maximum accrual limit, the employee will no longer accrue sSick (Leave and will begin accruing gGeneral (Leave. 11.3.3. _Full-time regular and probationary employees may not accrue more than 360 hours of sick leave. When an employee's unused sick leave balance reaches this limit, the employee is no longer ineligible to earn sick leave. 11.3.4. _Use of accrued sick leave hours, pursuant to the City's General Leave Plan; are not considered a right thatwhich may be used at an employee's discretion. The use of sick leave hours is but arc allowed only in case of necessity as defined herein. An employee shall only beis eligible to use sick leave hours, as defined in by the General Leave Plan, in the following instances: (a) For an employee's illness or injury when the illness/injury prevents the employee from working. Leave exceeding five (5) days may require a doctor's certification indicating that the employee was unable to work. (b) For an employee's dental, eye, or other physical or medical examination or treatment by a licensed provider. (c) For family medical purposes when a member of the employee's immediate family is involved. This shall include the family member's illness, accident, medical appointments, or other related occurrences. (d) For victims of domestic violence, sexual assault, or stalking to: (i) To obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, and welfare of the employee or employee's child. (ii) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. (Labor Code 2230(c); 233(b)(3)(A); 246.5(a)(2)) 11.3.5. _Employees who use sick leave hours, pursuant to the City's General Leave Plan, will be required to file a request form with the City Manager or Page 24 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 272 designee stating the basis for the absence. The request must be on a form developed and implemented by the City Manager or designee. Once an employee has used half of the sick leave accrued, the City may, within its discretion, request medial certification for any further sick leave use. The medical provider may also be required to specify whether the employee can return to work with or without restrictions. Such release of medical information shall be in compliance with the law. 11.3.6. If a finding of industrial disability is made in connection with California Public Employees Retirement (CalPERS), employees may not be permitted to exhaust paid sick leave balances prior to retirement unless the City Manager, at sole discretion, approves. 11.3.7. _Any employee separating from the City service who has unused sick (Leave hours, pursuant to the City's General Leave Plan, will not be compensated for any sSick heave hours remaining at the time of termination, unless specified through an individual employment agreement. 11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA) In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California Family Rights Act" (CFRA), and Military Caregiving Leave, eligible employees may take up -_to a total of twelve (12) work weeks of family and medical leave during a twelve (12) month period for a qualifying event. Please reference the City's FMLA and CRFA policy for the administering of the leaves. 1 1.5. Pregnancy Disability Leave The City shall provide pregnancy disability leave to eligible employee in accordance with applicable law. The City will follow the City's FMLA and CFRA policy to administer Pregnancy Disability Leave. 11.6. Work Related Injury or Illness Leave Work Related Injury or Illness Leave shall be granted only after the City's Workers' Compensation administrator has declared the illness/injury to be compensable under the California Workers' Compensation law. The City may grant up to fifty (50) hours of paid time off (per incident) for an employee to attend ongoing medical care/treatment during work hours in conjunction with a work -related injury/illness. Use of Work -Related Injury or Illness Leave hours shall not be considered as a right that may be used at an employee's discretion but shall be allowed only in case of necessity. Employees who use leave hours may be required to provide a written explanation to the City Manager or designee stating the cause of absence and report the hours as instructed on their timesheets. Said explanation shall be on a form developed and implemented by the City Manager or designee. Only regular employees or probationary are eligible for Work Related Injury or Page 25 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 273 Illness Leave. Employees suffering injuries in the course and scope of their work may be entitled to workers' compensation benefits. Employees having questions regarding this rule should contact Human Resources. 1 1.7. Catastrophic Illness Leave Upon approval of the City Manager or designee, a catastrophic sick leave bank may be established for the benefit of an employee incapacitated by an extreme or severe illness or injury. Employees may donate general leave and/or sick leave to another employee in accordance with the City's Catastrophic Leave Administrative Policy. 11.8. Military Leave Military Leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose must, whenever possible, provide in advance -to the City Manager or designee, with a copy of the military orders specifying the dates, site and purpose of the activity or mission—. Within the limits of such orders, the City may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. 11.9. Jury Duty Leave Employees summoned by state or federal court to jury duty shall be entitled to full pay during the period of jury service. Employees must keep their supervisors informed of their court schedule and provide proof of jury service to the City with their timesheet. Employees pay any fees received for jury service to the City, except for mileage reimbursement. Jury Duty Leave does not count towards hours worked for purposes of calculating overtime. 1 1.10. Administrative Leave Leave in recognition for being required to work hours beyond their regular hours of work to fulfill their employment responsibilities, An -employees, in the Ceompetitive Sservice, who is -are designated- as FLSA Exempt -under these Rules, will be granted on July 1 Si= of each year forty (40) hours of a Administrative !Leave_ in recognition for being required to work hours beyond thcr.r rcgule.r hours of work to fulfill their emr2.oymcnt respenoirilities:Management employees will be granted 64 hours of administrative leave. (a) On December Is of each year, exempt employees who receive administrative leave may choose to be paid -to a maximum of 50% twenty (20) hvirc of their unused a Administrative !Leave (i.e., 20 hours for Exempt employees, 32 hours for Management). Payment for this administrative leave will be paid with the first pay period ending date after December I st of each year. (b) The use of aAdministrative !Leave requires the approval of the employee's Department Head and City Manager or designee prior to the absence. A request Page 26 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 274 for scheduled a Administrative (Leave should be submitted on a form designated by the City. The employee who has available a Administrative (Leave and requests use of a Administrative leave is permitted to use time off within a reasonable period after making a request if use of leave does not unduly disrupt the operations of the City. Employees should make every effort to submit requests to take a Administrative (Leave two (2) weeks prior to the requested leave. (c) On June 30th of each year, any unused leave is or if an cmploycc tormin&tom cmployment prim► tc Junc 304 cmployccs arc rcquircd to forfeited. any unuscd ✓I&rccs of Aerik-.iritre.tivc Lcavc. Administrative leave has no cash value at separation. 1 1.1 1. Leave Without Pay The City in its discretion may permit employees to be on leave without pay (LWOP) not to exceed ninety (90) days. An extension of any leave of absence without pay beyond ninety (90) days may be granted upon approval of the City Council Manager when such extension of leave is in the best interest of the City. Employees in such status do not accrue benefits, or receive service credit, and may be required to pay for portions or all health and welfare benefits/premiums during the period of their leave without pay status. Employees may take personal leave without pay when required by law. 1 1.12. Bereavement Leave The City grants bereavement leave to include leaves of absence with pay up to five (5) workdays where a member of the employee's or spouse's or domestic partner's immediate family dies. The City in its discretion may require some proof that a death in the family has occurred. Bereavement leave is available only within thirty (30) days of a death in the family, unless the employee has made arrangements with the City regarding its use at a later date. 11.13. Holidays The City observes the following legal holidays, which are available to those employed prior to or on the date of the holiday: (a) New Year's Day (b) Martin Luther King Jr. Birthday (c) Presidents Day (d) Memorial Day (e) Independence Day (f) Labor Day (g) Veteran's Day (h) Thanksgiving Day Page 27 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 275 Day After Thanksgiving Day Before Christmas Christmas Day Before New Year's Day See Benefit Plan for Floating Holidays (two (2) right he/Jr b idays per calendar ycar) 11.13.1 In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a holiday. In cases where one of two (2) consecutive holidays falls on a weekend day (e.g., the Day before Christmas and Christmas Day/the Day before New Year's and New Year's Day) a conflict may occur with the paragraph above. In such cases, the City Manager designates the day(s) to be observed as a holiday(s) in lieu of the holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation shall not result in the observation of more total holidays than are approved in the Benefit Plan. 11.13.2 _If a non-exempt employee is required to work on a holiday, the employee shall be celyrfrrr.izrel rt-ruigIt tip ratc for the firrt tight (8) hours of work and in addition, shall receive pay at time and one-half of their hourly rate for all hours worked. in addition to the holiday Davy provided for in this section. in licu of timc off for said holiday. 11.13.3 _The floating holidays are subject to supervisory approval and may not be carried over to another calendar year and are lost unless used prior to the end of the calendar year. 1 1.13.4 Part-time employees who occupy authorized half-time or three-auarter time positions and are scheduled to work 20 hours or more per week on a continuous basis shall receive prorated holiday pay for each recognized holiday outlined in this Section. as follows: half-time employees shall receive 4 hours holiday Davy : three-auarter time employees shall receive 6 hours of holiday pay. 1 1.13.5 If a holiday falls on an employee's regularly scheduled day off. the employee shall be credited eight (8) hours' time off with Davy to either their general leave or compensatory time banks. 11.13.6 Designated and floating holidays are credited as eight (8) hours each. If the employee works a schedule with more than eight (8) hours in a workday . the employee must use accumulated vacation or compensatory time to Provide the difference between eight (8) hours and the employee's normal workday. As an alternative. the employee may make uP the difference by working the additional time. but only during the work week in which the Page 28 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 276 holiday fell. 1 1.14: Compensatory Time Off (CTO) Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTOcemp time per overtime hour worked instead of receiving cash payment. CTO may be accrued up to a maximum of 100 hours for regular and probationary non-exempt employees. If an employee reaches the maximum limit, they shall be compensated for all overtime worked. If an employee has accrued any unused CTO at termination, the employee shall be paid for such unused CTO at their regular rate of compensation at termination. 1 I.I5—School Leave Employees who are parents, guardians or grandparents of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not exceeding eight (8) hours in a month, to participate in the child's school activities. The employee must use accrued gGeneral leave, floating holiday, aAdministrative !Leave or compensatory tJime for this leave. Prior notice of the need for this leave must be given to the immediate supervisor. If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to attend a portion of the school day in their child's classroom, the employee should alert their supervisor or manager as soon as possible before leaving work. In accordance with California Labor Code § 230.7, no adverse action will be taken against an employee who takes time off for this purpose. I I.16: Voting Time Employees will be granted time off with pay to vote in any general, direct primary or presidential primary election in accordance with the provisions of the Elections Code section 14000. Employees must give notice to their immediate supervisors of their need to take such time off as soon as practical. 11.17 Civic Service Leave Civic Service Leave is available every Fiscal Ycar to employees for qualified volunteer service during thc workwetic pur:rutrt to the Benefit Plan. On June 30th of each ycar, or if an employee terminates cmployme t prior to June 20th, employee shall forfcit any unused balance - of Civic Service Leave. Prier request of thc need for thin leave must be given to the immediate superviaer. Said rcqucst firm shall be on a form developed and implemented by thc City Manager or dcsigncc. Effective September 2023. civic service leave is being discontinued. in exchange for floating holiday. To convert from a leave type provided on a fiscal year to one given on a calendar year. Page 29 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 277 employees will forfeit 4 hours of the civic service leave granted July I. 2023. and the other 4 hours. if unused as the time of conversion. will be converted to additional floating holiday time to be used during the 2023 calendar year. Any employee who has used more than 4 hours of civic service leave at the time of conversion will have a reduction in floating holiday hours in 2024 that is proportionate to the excess civic service hours used prior to conversion. 1 1.18: Time Off for Immediate Family of Victims of Crime Employees who are the immediate family members (spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered domestic partner of a victim of a violent or serious felony may take time off from work in order to attend judicial proceedings related to that crime. The crime must be an offense enumerated in Labor Code Section 230.5(a)(2). 11.19 _Leave to Perform Emergency Duties or to Attend Related Training An employee may take leave to perform duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. However, the City does not have to provide this leave if the employee's absence would hinder the City's availability to provide public safety or emergency medical services. 1 1.2(h Unauthorized Leave or Job Abandonment An unauthorized absence from the work site or failure to report to duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave, shall be without pay —_Such absences may be grounds for disciplinary action, including termination. 1 1.21 Relocation Expenses The City Manager shall have the authority to negotiate on behalf of the City relocation expenses for designated management employees. as identified in the Management Positions Except from Competitive Service Resolution. Such expenses may include travel. interim housing. storage. and other relocation expenses as deemed appropriate by the City Manager. 12.TRANSFERS/ ACTING_ P Y 12.1- A non -probationary City employee with at least satisfactory appraisal ratings may request a transfer to a lateral or other lower_ Ievel vacant position in the City. The transfer request may be initiated by submitting forms as prescribed by Human Resources. The employee requesting a transfer must meet the minimum qualifications for the vacant position and may be subject to interviews and other pre --employment processes specified by the City. Following reasonable notice to City employees, vacant positions may be filled through transfers rather than appointments from eligible lists. Page 30 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 278 12.27 The City may initiate a transfer of a disabled employee who qualifies under applicable disability laws but cannot perform the essential functions of their job without reasonable accommodation. Such transfers will have priority over any eligibles on an existing eligible list. 12.3. Acting Pay Er*..oyc s rn- give to crfform dutics of en ce../..-,%nrnent, in writing by thc City Manager or dcsigncc, whe rAirtmeet to such assignment, assumcs and perferrr/3 ell of thc ordinary day to day dutics of a position of a highcr classification fey et lzrzrt thirty; one (31) consecutive work days ohell 1;-c paid an additienel E% thc rcguler p.y of their own classification, or thc first step of the Kg!..x r classificati✓ it trc classifierAce; p) i whichever is grcatcr, for ell time worked in the toigned highcr classification. Wcrk moignrneenm. chrll n.24. !v changed for thc solc purposc of evading thc tsq'Jirrr cnt of providing act31,1-, K.t; to an employee who wemle eAherwisc be el g c. The effective datc of any changer ce,trignmcnt undcr this section shall be notcd cry► r Pcvoonncl Action Form thin much. be approved by thc Personnel Aatien m °hell be gcncratcd upon thc completion of thc aeons p y c CA identifying regular p y of an employee's classifiertix,n price tr., the ecting pay authra►iceticn. 13. LAYOFF AND RECALL 13.1 Whenever in the sole judgment of the City Council it becomes necessary to abolish any position that is held by a full= -time regular employee due to a reorganization, or lack of work or funds, the employee holding that position may be laid off or demoted without disciplinary action and without the right of appeal. Whenever possible, employees will be given at least thirty (30) days' notice of any layoff. 13.2 When a layoff involves a position classification held by more than one person, layoffs will be made in a reverse order of seniority. Seniority will be determined by including all periods of full-time regular service at or above the classification level where the layoff is to occur. 13.3. Persons laid off or demoted in accordance with this Rule will have their names kept on a re-employment list for two (2) full years from the date of layoff or demotion. The re-employment list will be used by the City when a vacancy arises in the same or lower classification of position in the department where the layoff originally occurred before seeking promotional and/or general applications from others. 13.4. This Rule does not apply to at -will, part-time or probationary employees. Page 3 I of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 279 14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any location where City business is conducted, including vehicles and parking lots. Safety is everyone's responsibility. All employees must use safe work practices and report any unsafe conditions that may occur. Please become familiar with the City's Workplace Violence Prevention policy. 15. GRIEVANCE PROCEDURE 15.1. _The grievance procedure is intended to provide an avenue only for redress of complaints that the City has in some manner violated any of the Personnel Rules. 15.2. _The grievance appeal must be initiated by the employee (appellant) within fifteen (15) calendar days of the facts giving rise to the appeal and must be submitted to Human Resources. Failure to initiate an appeal within this time_frame will result in denial of the appeal as untimely and void. Human Resources may submit the appeal for response as the first step to a directly involved supervisor or another department representative. 15.3. _Appeals must be in writing, signed by the affected appellant(s) and allege that the City has violated a specific provision of these Rules. Appeals must contain the specific facts upon which they are based. Appeals that fail to include these elements may be rejected on that basis. An email may serve as a written appeal. 15.4. _Human Resources will review the appeal and shall serve notice of a written response within fifteen (15) calendar days of receipt of the appeal. 15.5. _If the appellant is dissatisfied with the City's first response, the appellant may submit an appeal to the City Manager. The appeal must be received by the City Manager within fifteen (15) calendar days of Human Resources' decision. 15.6. _The City Manager, or the City Manager's designee, will review the appeal and shall serve notice of a written response within fifteen (151 calendar days of receipt of the appellant's appeal. The City Manager's decision shall be final. 15.7. _No other grievance or appeal procedure may be used for matters within the scope of this appeal procedure. 15.8. _Exhaustion of this appeal procedure is intended to provide an informal avenue for redress of complaints relating to these rules, and to give the City an opportunity to investigate the complaint and correct any problems before they become more serious. Page 32 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 280 16. DISCIPLINE/GENERAL RULES OF CONDUCT 16.1. General Rules of Conduct It is expected that all employees shall render the best possible service to, and reflect credit on, the City. Therefore, the highest standards of professional conduct are essential and expected of all employees. 16.2—Disciplinary Actions The City of Dublin may invoke the following types of disciplinary actions: (a) Official Reprimand (b) Suspension Without Pay (c) Reduction in Pay (d) Demotion (e) Disciplinary Probation (f) Discharge/Termination 16.3—Grounds for Discipline 16.3.1. Disciplinary measures may be taken for any good and sufficient cause. City employees who are employed "at -will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to pre -discipline procedures or appeals under these policies. 16.3.2. Good cause exists not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform assigned duties, causes other employees' inability to perform their duties, or involves any improper use of their position for personal advantage or the advantage of others. Good cause also exists if an employee is unable to perform the duties of their position for an extended period of time. The type of disciplinary action depends on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but are not limited to, the following: (a) Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City. (b) Dishonesty; furnishing knowingly false information in the Page 33 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 281 course of the employee's duties and responsibilities. (c) Inefficiency, incompetence, carelessness or negligence in the performance of duties. (d) Violation of safety rules. (e) Violation of any of the provisions of these personnel rules and regulations, department rules and regulations, City policies, City ordinances or resolutions. (f) Inattention to duty. (g) Tardiness, overstaying lunch periods, or leaving early. (h) Being under the influence of an intoxicating beverage or non- prescription drug, or prescription drugs not authorized by the employee's physician, while on duty or on City property, or any other violations of the City's Drug and Alcohol -Free Workplace policy. (i) Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized supervisor. (j) Unauthorized soliciting on City property. (k) Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked or canceled; or any other unauthorized absence from work. (I) Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state or local law which negatively impacts the employee's ability to effectively perform their job or brings discredit to the City. (m) -Discourteous and/or offensive treatment of the public or other employees. (n) Falsifying any City document or record. (o) Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property. Page 34 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 282 (p) Theft or sabotage of City property. (q) Sleeping on the job, except as specifically authorized. (r) Accepting bribes or kickbacks. (s) Intimidation or interference with the rights of any employee. (t) Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service. (u) Failure to obtain and/or maintain the necessary license or certification specified for the position; failure to maintain minimum qualifications for a position including required licenses or certificates. (v) Abusive or intemperate language toward or in the presence of others in the workplace. (w) Gambling on the job. (x) Excessive absenteeism; inability to perform the duties of the position. (y) Conduct unbecoming a City employee. (z) Any other conduct of equal gravity to the reasons enumerated above as determined by the City. The above reasons are indicative and not restrictive. Discharge, suspension, demotion, reduction in pay or other discipline may be based on reasons other than those specifically mentioned above. 16.4: Authority to Discipline 16.4.1. Any authorized supervisory employee may institute disciplinary action for cause against employees under their control in accordance with the procedures outlined in these Rules. 16.4.2. The City in its discretion may place employees on Ppaid Administrative Leave. Employees on such leave are subject to the City's instructions during their normal working hours. I6.5. Procedure for Disciplinary Action Page 35 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 283 In the absence of a process in a Memorandum of Understanding (MOU), employees covered by this Rule are governed by the following provisions. 16.6. Written Notice/ Pre -Discipline Meeting/ Final Action 16.6. I. Written Reprimands The employee may submit a written response to the reprimand which shall be placed in the employee's personnel file. There is no further right of appeal to a written reprimand. For other discipline, the City shall issue a written notice of intent to discipline (NOI), describing the intended discipline, the basis for the discipline, and attaching any documents upon which the discipline is based. I6.6.2. Minor Discipline For other discipline that is less severe than a reduction in pay or suspension of six (6) working days, the discipline may be imposed prior to providing the employee a right to respond to the discipline. Within a reasonable time after the discipline is imposed, or before the discipline is imposed, within the City's discretion, the City must provide the employee with NOI, which includes the reasons for the action, a copy of the charges including materials upon which the action is based, and notice of the employee's right to respond, orally or in writing, to the proposed action. If the employee chooses to respond orally, the City Manager, or designee, shall convene a meeting to review the employee's response and position. The employee is entitled teto have a representative of choice to attend the meeting. If the City Manager (or designee) decides to reduce the discipline, and if the employee has already served a disciplinary suspension for the offense, the employee will be compensated commensurate with the reduction in discipline. The City Manager's (or designee's) decision is final and there is no further right of appeal. 16.6.3. Maior Discipline For discipline that is greater in severity than a reduction in pay or suspension of five (5) working days, the employee shall receive notice of the right to respond, either orally or in writing, before discipline is imposed. If the employee wants to respond orally, the City will set a pre - discipline meeting (Skelly meeting) approximately one (I) week from the date of the NOI, unless a different time and date is set by mutual agreement. For discipline that is greater in severity than a suspension of five (5) working days, the City Manager, or designee, will convene a pre -discipline meeting (Skelly) to review the employee's response and position before Page 36 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 284 imposing discipline. The employee is entitled to a representative of choice, provided, however, that the inability of a particular representative to attend the meeting is not the cause requiring a continuance of the meeting. At the meeting, the employee will have the opportunity to respond to the charges and to present any new information for consideration by the City. For discipline that is greater in severity than a suspension of five (5) working days, at some reasonable time after the employee has been provided an opportunity to respond to the NOI, the City shall issue a final notice of decision to discipline (NOD). The NOD will include the final decision, the effective date of the discipline and the facts upon which the discipline is based and notice of the right of appeal. 16.7. -Appeal 16.7. I. For discipline that is greater in severity than a suspension of five (5) working days, employees have the right to appeal the NOD. The employee's request for an appeal must be received within seven (7) calendar days from the date of the NOD, or the right to appeal is waived and the discipline becomes final. The request for an appeal of a NOD, does not inhibit the NOD from being implemented. 16.7.2. The appeal will be heard by an outside impartial independent hearing officer to be selected by the City. The costs of the hearing officer will be borne by the City. The hearing will be transcribed. 16.7.3. The hearing officer has the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and recommendations about the discipline. The hearing officer may recommend an outcome, but the final authority rests with the City Manager. The hearing officer will make detailed findings of facts related to the disciplinary charges in writing and serve a recommended decision on the City and the employee. After consideration of the hearing officer's recommended decision, the City Manager will issue a final decision in writing. The City Manager's decision is reviewable by administrative writ of mandamus. 17. RESIGNATIONS 17.1. General Provisions Employees are free to resign from their employment but are encouraged to give at least Page 37of44 City of Dublin Personnel Rules Revision Date: September 5. 2023 285 two (2) weeks' notice. A resignation becomes effective upon the City's receipt of a written notice of resignation. If no written resignation is tendered, but a resignation is indicated orally, a resignation becomes effective upon the City's notice of acceptance of the resignation. Once a resignation becomes effective, it is irrevocable except that the City Manager may permit a resignation to be rescinded. 17.2. Job Abandonment A constructive resignation occurs when an employee has been absent from duty for three (3) consecutive workdays without prior authorization, or failed to notice the department of the absence, and did not respond to the City's inquires, if any, during the absence. The City shall give the employee notice of such constructive resignation. Except for at -will or probationary employees, regular employees who are separated from the City's service by constructive resignation may utilize the City's Grievance Appeal procedure. 18. NON-DISCRIMINATION AND HARASSMENT The City of Dublin is committed to providing an environment that is free from harassment and discrimination of any kind, including sexual harassment and harassment based on race, color, religion, creed, national origin, ancestry, age, citizenship status, physical or mental disability, medical condition, genetic characteristics or information, marital status, sexual orientation (including homosexuality, bisexuality, or heterosexuality), gender (including gender identity and gender expression), pregnancy (including childbirth, breastfeeding, or related medical conditions), military and veteran status, or membership in any other legally protected category. Therefore, it is important that the City maintain an atmosphere characterized by mutual respect in order to assure fair, courteous treatment for employees and the public. Employees are responsible for reading and understanding the City's Harassment, Discrimination, Retaliation, and Abusive Conduct Prevention policy. 19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES Employees with a disability may request a reasonable accommodation for that disability. Such requests should be submitted to the employee's Department Head, or Human Resources. If the employee has a disability as defined under the Fair Employment and Housing Act, the City will engage in an interactive process with the employee to determine an appropriate accommodation for the employee in accordance with applicable law if undue hardship does not result to the City's operations. To achieve the provisions of this section and the duties of the law, the City's efforts to reasonably accommodate the employee take precedence over and preempt any other conflicting provisions or limitations in these Rules, provided that the City will not terminate or permanently reassign any regular employee to accommodate another employee. If the City determines that an employee is not able to perform the essential functions of the job, with or without reasonable accommodation, the City may remove the employee from their position and apply for disability retirement for the cmploycc, ifemplovee if the employee is eligible. The Page 38 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 286 City will endeavor to retain the employee in an employed status until CaIPERS has made its determination regarding the disability retirement application. However, the employee may be in an unpaid status during this period if applicable paid leaves have been exhausted. If the employee fails to cooperate in the disability retirement process, the City may separate the employee from employment. 20. OUTSIDE EMPLOYMENT City employees may not engage in any outside employment, enterprise or activity that the City determines is in conflict with their duties and responsibilities, or any aspect of City operations. An employee must submit a request for outside employment to their Department Head. The Department Head shall provide a written decision to the employee. The written decision will be provided to Human Resources. 21. VOLUNTEERS 21.1. General Provisions 21.1.1. The City may utilize volunteers for the delivery of City services. The use of volunteers is subject to approval by the City Manager or designee. Volunteers are subject to fingerprinting according to the City's Fingerprinting of Employees and Volunteers policy. 21.1.2. Volunteers are not eligible for salaries, benefits or other compensation unless specifically provided for by the City. Subject to approval by the Department Head or City Manager, necessary equipment or uniforms and reimbursement for approved actual expenses and mileage may be provided. 21.2. Employee Volunteers Subject to approval by the City Manager or designee, employees may volunteer to provide services to the City outside of their normal duties provided they are not performing the same or similar duties for which they are normally compensated, and the responsibilities are occasional and sporadic. Employees engaging in such volunteer assignments are not entitled to compensation —_ Volunteer time shall not be considered for the calculation of overtime. 22. DRUG AND ALCOHOL -FREE WORKPLACE The City's workplace is a drug and alcohol -free workplace. Employees may not be at work under the influence of alcohol or drugs, may not use or possess alcohol or drugs while on duty or while on paid standby time and may not sell, manufacture, distribute or provide drugs to any person while on duty —_The City has no intention of interfering with the private lives of its Page 39 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 287 employees unless involvement with alcohol and other drugs on or off the job affects job performance or public safety —_The City encourages employees to voluntarily seek help with drug and alcohol problems and offers a confidential Employee Assistance Program Employees are responsible for reading and understanding the City's Drug and Alcohol -Free Workplace policy. 23. NEPOTISM No employee, prospective employee, or applicant will be improperly denied employment or benefits of employment on the basis of a relationship as defined below with another employee or official of the City. Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate working relationships among relatives, including married persons. For administrative purposes, a relative is a spouse, domestic partner, child, step -child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, cousin, niece, nephew, parent -in-law, brother-in-law, sister -in- law or any other individual related by blood or marriage. The City retains its rightsto: (a) Refuse to place one party under the direct or indirect supervision of the other party of a relationship. (b) Refuse to place both parties to a relationship in the same department, division, or facility when such action has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. (c) Exclude one party to a relationship from contributing to, or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions of the other party. (d) Disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information. (e) Effect a transfer in the event the City learns of circumstances described above. 24. GIFTS AND GRATUITIES No employee of the City may solicit or accept, for self or family, favors, benefits, gifts or gratuities under circumstances which might be construed by reasonable persons as influencing the performance of the employee's governmental duties. 25. USE OF INFORMATION AND ELECTRONIC SYSTEMS 40 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 288 Electronic systems are all hardware, software, and other electronic communication or data processing devices owned, leased, or contracted for by the City of Dublin and available for official use by City employees. This use includes, but is not limited to, the Internet, E-mail, voice -mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, global positioning equipment, location devices, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services. Employees are responsible for reading and understanding the City's Electronic System and Information, Social Media, and Remote Computer Access policies. 26. DRESS CODE Employees of the City are required to dress appropriately for the jobs they are performing. Therefore, the dress regulations contained in this section shall be followed. The City reserves the right to direct any employee who is dressed inappropriately for work to go home and make appropriate changes to their work attire before returning to work. (a) All clothing must be neat, clean and in good repair. (b) Prescribed safety equipment must be worn or utilized where applicable. (c) Footwear must be appropriate for the work environment and functions being performed. (d) Hair, beards, mustaches and sideburns must be maintained in a neat and well- groomed fashion. (e) Jewelry is acceptable except in areas where it constitutes a health or safety hazard. (f) (g) Good personal hygiene is required. Dress must be appropriate to the work setting, particularly if the employee deals with the public. (h) Employees may be required to wear uniforms specified by the City. City uniforms shall be worn in a professional manner. Employees should be mindful of other employees' sensitivity to perfume and other fragrances, and employees shall refrain from wearing fragrances that are offensive or harmful to others. (j) Page 4I of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 289 27. USE OF CITY EQUIPMENT No City -owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item that is the property of the City may be used by an employee other than for City business, unless the City Manager or designee approves in advance. No employee may allow any unauthorized person to rent, borrow, or use any City property, except upon prior written approval of the City Manager or designee. For further information, see the City's Vehicle Use policy. 28. TRAVEL AND TRAINING POLICY 28.1. The City is committed to ensuring that its employees receive adequate training to perform their jobs. Training and travel are subject to department approval. Training opportunities that occur outside normal work hours require approval by the Department Head. Overnight travel also requires approval by the Department Head. 28.2. The City generally requires that training, and attendant travel, be scheduled in a way that will minimize the City's overtime liability. From time to time, the City issues policies that govern these areas. Employees must observe these policies. 28.3. City business travel shall be carried out in an efficient, cost-effective manner resulting in the best value to the City. Telecommunications instead of travel should be considered when possible. The City will pay or reimburse all business travel related expenses based on reasonableness and on the actual amount of expense incurred by the employee pursuant to the City's official Travel and Other Business and Reimbursement of Expenses policy as may be amended. Employees having questions about the City's travel and training policies should contact their supervisor or the Administrative Services Department. 29. MISCELLANEOUS 29.1. City May Amend or Revise Rules and Policies From time to time the City may adopt new or amended Rules and policies, after appropriate consultation with the City employees. 29.2. No Contract These Rules do not create a "contract" of employment between the City and any employee. Public employment is statutory, not contractual. Page 42 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 290 29.3. Severability If any part of these Rules is determined to be unconstitutional or illegal, such part shall be severed from these Rules and the remaining Rules given full force and effect. 29.4. Word Usage The term "City" as used in these Rules refers to the City of Dublin. Responsibilities and rights of the City under these Rules are exercised by the City Manager and may be delegated by the City Manager. ACKNOWLEDGEMENT ❑ I ccrtify thct I h►r c rcccivcd and rcad thc contcnts of The City of G\.iblin'c Purser-ne Ruk‘s 2020. _::Plo;«-tea :;:.: Date: Plcasc complctc thc fic,da hovc to confirm er.knuvlcdgcmcnt of thc personncl rulcs and rcvarn thin p e t. !-lumen P.mv.►rca3 to humenrwourccs@dublin.ca.Eov. Page 43 of 44 City of Dublin Personnel Rules Revision Date: September 5. 2023 291 Attachment 4 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE BENEFIT PLAN IN ACCORDANCE WITH PERSONNEL RULES WHEREAS, the City Council adopts Personnel System Rules for employees of the City; and WHEREAS, the provision of employee benefits assists the City in attracting and retaining quality employees; and WHEREAS, the Personnel System Rules require the City Council to adopt a Benefit Plan; and WHEREAS, the identification of benefits in a single document will assist with the administration of the personnel system; and WHEREAS, the following benefit provisions shall be established in accordance with the City of Dublin Personnel Rules; and WHEREAS, the Benefit Plan was last adopted by Resolution 61-20, and subsequent amendments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend the Benefit Plan, attached hereto as Exhibit A, which shall supersede the Benefit Plan adopted by Resolution 61-20 and any subsequent amendments. BE IT FURTHER RESOLVED that the City of Dublin Benefit Plan, attached hereto as Exhibit A, shall be effective July 1, 2023. PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 292 Attachment 5 Exhibit A to the Resolution City of Dublin Employee Benefit Plan Established — By 1, 2023 City of Dublin Benefit Plan Revision Date: July I, 2023 293 Attachment 5 Exhibit A to the Resolution Table of Contents Section 1 — Eligible Employees: 1 Section 2 — Market Rate Adjustments and Consumer Price Index (CPI) Adjustments: 1 Section 3 — Merit -Based Salary Adjustments: 2 Section 4 — Performance Pay Adjustments: 2 Section 5 — Medical Insurance: 2 Section 6 — Flexible Benefit Program: 3 Section 7 — Alternative Benefit: 4 Section 8 — Dental Insurance• 5 Section 9 — Vision Insurance• 5 Section 10 — Trust Fund/Health Reimbursement Arrangement (HRA)- 5 Section 11 — Disability Insurance: 6 Section 12 — Life Insurance• 6 Section 13 — Retirement: 6 Section 14 — Retiree Health Reimbursement Arrangement (HRA): 7 Section 15 — Deferred Compensation Plan: 7 Section 16 — Holidays: 7 Section 17 — Education Reimbursement: 8 Section 18 — Wellness Reimbursement Program: 8 Section 19 — Employee Service Awards: 8 Section 20 — Employee Commute Alternative Program/Transit Commuter Program. 9 Section 21 — Car Allowance and Mileage Reimbursement: 9 Section 21 — Resident Registration Fees: 10 Section 22 — Effective Date• 10 City of Dublin Benefit Plan Revision Date: July I, 2023 294 Section 1 — Eligible Employees: All benefits shall apply to full-time employees of the City of Dublin, unless otherwise stated. The benefits outlined in this plan shall not be provided to temporary (part- or full-time), provisional or contract employees, or to individuals who provide services to the City pursuant to contract unless the contract explicitly provides for such benefits. Section 2 — Market Rate Adjustments and Consumer Price Index (CPI) Adjustments: Effective July I, 2023, salary ranges (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2022 through February 2023 using the San Francisco -Oakland -San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1 %). Employee salaries will also be adjusted July I, 2023, based on the CPI results. Additionally, a total compensation salary survey of benchmark classifications was conducted. Any classification that was deemed to be under market was brought up to the 65th percentile of the City's comparator cities. Individual employees will not be adjusted, unless their current salary falls below the minimum of an adjusted range. In recognition of historically high CPI values the last two years, employees will receive a one-time $1,500 stipend the first check paid out in January 2024. Effective July I, 2024, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2023 through February 2024 using the San Francisco -Oakland -San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that were over market in July of 2023, a total compensation survey will be conducted in April of 2024. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1 %). Employee salaries will also be adjusted July I, 2024, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Effective July I, 2025, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2024 through February 2025 using the San Francisco -Oakland -San Jose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2024, a total compensation survey will be conducted in April of 2025. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1 %). Employee salaries will also be adjusted July I, 2025, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Effective July I, 2026, salary ranges for most classifications (top and bottom) shall be adjusted based on the change in Consumer Price Index (CPI) from February 2025 through February 2026 using the San Francisco -Oakland -San Jose region (Urban Wage Earners and Clerical Workers) as published by the Page 1 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 295 Attachment 5 Exhibit A to the Resolution Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2025, a total compensation survey will be conducted in April of 2026. The maximum adjustment shall be no greater than three and one-half percent (3.5%), the minimum adjustment will be one percent (1 %). Employee salaries will also be adjusted July I, 2026, based on the CPI results, but in no event shall any adjustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Section 3 — Merit -Based Salary Adjustments: a) Annual adjustments in salary (based on the anniversary of the employee's date of hire or if applicable, the anniversary date of the most recent promotion) shall be based upon employee performance as determined by the performance evaluation. It is the duty of the supervisor and Department Head to give a fair and unbiased evaluation based on job performance of the employee. b) For the period of July I, 2023, through June 30, 2027, employees will be eligible for an annual merit increase of up to 2.5%, based on their performance as outlined in their annual review, with an additional .5% at the discretion of the Department Director with agreement from the City Manager, for a maximum of 3%. c) In no event shall any salary adjustment result in an employee earning a salary in excess of the top of the range of their classification. Section 4 — Performance Pay Adiustments: If applicable, performance pay adjustment increases will be consistent with increases outlined in Section 3. Eligibility criteria is outlined in the City's Personnel Rules. Section 5 — Medical Insurance: All City employees who are members of the California Public Employees Retirement System (CaIPERS) shall be eligible to select from plans administered by the Public Employees Medical and Hospital Care Act (PEMCHA). a. The City currently contracts with the California Public Employees' Retirement System (CaIPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. The eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees' Medical and Hospital Care Act (PEMHCA). The Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by CaIPERS annuitants. b. Effective January I, 2016, the City's employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Page 2 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 296 Attachment 5 Exhibit A to the Resolution Section 22892. Contributions provided under this Section are required only to the extent mandated by PEMHCA. c. In the event CaIPERS requires a minimum employer payment in excess of the amount recited above, the City shall pay such additional amounts as approved by the City Council. Because CaIPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in the Benefit Plan so long as the city contracts for benefits with CaIPERS for medical insurance benefits. The City shall provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to any contribution provided to active employees under the Benefit Plan and in accordance with Government Code Section 22892. Section 6 — Flexible Benefit Program: The City shall make available a flexible benefit program (tax deferred employee contribution) that can be applied to specific expenses, e.g., health premiums, and medical, dental, and vision expenses not covered by the insurance plan. The City's plan is subject to the requirement and availability of Internal Revenue Code Section 125, allowing employees to use pre-tax compensation for PEMHCA medical premiums, eligible dependent care expenses, eligible uninsured medical expenses, or a combination thereof. All costs associated with the enrollment and administration of an eligible employee's account shall be paid by the City. a. The City shall not treat contributions made to the program as compensation subject to income tax withholding unless the Internal Revenue Service and/or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed, therefore. b. Contributions to the flexible benefit program shall be used only for payment of those benefits that are available through the City's program. Any amount remaining after the Employee has designated the portion of his or her flexible benefit (125 plan) contribution amount for the purposes described in this Section shall be deemed forfeited. c. Each eligible employee shall file an election in writing during the month of open enrollment for medical insurance each year designating how the contributions in his or her flexible benefits account are to be spent during the ensuing year. Thereafter, no changes to designations shall be allowed until the enrollment of the following year, except for change for changes due to an eligible qualifying event. d. Each employee shall be responsible for providing immediate written notice to the Director of Human Resources of designee of any changes to the number of his or her dependents which would affect the amount of the City's payment into the program. Page 3 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 297 Attachment 5 Exhibit A to the Resolution e. Beginning with the January I, 2023, premium, eligible employees shall receive up to $2,030 per month toward the premium cost for CaIPERS health insurance based on the employee's annual plan election less the amount of any contribution provided by the City directly to CaIPERS under government Code Section 22892. f. Beginning with the January I, 2024, premium, eligible employees shall receive a monthly allowance up to the amounts listed below. Eligibility is based on the employee's plan selection and participation level (e.g., employee only coverage, employee plus I dependent or employee plus two or move), less the amount of any contribution paid under Section 2 above. g. Employee only = $1,260/month Employee and I dependent = $2,255/month Employee and 2 or more dependents = $2,525/month For CaIPERS plan years 2025, 2026, and 2027, the City will increase the monthly contribution outlined in Section 7(f) by half of the percent increase in Kaiser premiums at each level, except if the newly calculated amount exceeds the actual rate of Kaiser for the given year. If this situation occurs, the City contribution from the prior year will carry over. h. The City shall continue to provide a flexible benefit program as provided in this Section unless amended or repealed by the City Council. Section 7 — Alternative Benefit: Effective July I, 2015, subject to proof of other health coverage and completion of CaIPERS Health Form HBD 12 indicating same, eligible City employees who are members of the California Public Employees Retirement System (CaIPERS) and (I) elect to opt -out of receiving City contributions under Government Code Section 22892; as described in Section 2b; (2) are not enrolled in a City -sponsored health insurance plan as the dependent of another City employee; and (3) provide proof of medical insurance coverage from a plan other than a City -sponsored plan shall receive an alternative benefit in the form of a cash payment. a. Effective July I, 2015, the amount of alternative benefit is $350 per month elected each year during open enrollment or upon a qualifying event. b. Effective January I, 2024, the amount of alternative benefit provided to an on the level of insurance coverage that the employee could have received enrolled in a City -sponsored health insurance plan, as follows: c. Employee only = $250/month Employee and I dependent = $450/month Employee and 2 or more dependents = $625/month and benefit must be employee is based if the employee had For the purpose of this Section, the term "dependent" shall mean a dependent eligible for coverage under a CaIPERS medical plan. Page 4 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 298 Attachment 5 Exhibit A to the Resolution d. Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subject to income tax withholding and is considered a non -reportable CaIPERS payment/benefit. Each eligible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section. Section 8 — Dental Insurance: The City will contribute on behalf of each employee schedule to regularly work at least 30 hours per week, a maximum of the "full -family premium" per month to a dental insurance plan selected by the City. The City will contribute on behalf of each regular employee scheduled to work between 20 to 29 hours per week, a maximum of the "employee only" premium per month to a dental insurance plan selected by the City. Effective January I, 2024, in lieu of enrolling in a City -sponsored dental plan, employees may elect to opt - out of dental for themselves and eligible dependent(s). The amount of alternative benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City -sponsored dental plan, as follows: Employee only = $25/month Employee and I dependent = $50/month Employee and 2 or more dependents = $75/month For the purpose of this Section, the term "dependent" shall mean a dependent eligible for coverage under the City -sponsored dental plan. Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subject to income tax withholding and is considered a non -reportable CaIPERS payment/benefit. Each eligible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section. Section 9 — Vision Insurance: The City will contribute on behalf of each employee schedule to regularly work at least 20 hours per week, a maximum of the "employee only premium" per month to a vision insurance plan selected by the City. Section 10 — Trust Fund/Health Reimbursement Arrangement (HRA): a. Plan Limits: Beginning on calendar year January I, 2021, full-time, regular employees will have a $1,000 limit for eligible reimbursements. Employees regularly scheduled to work between 20 and 30 hours per week shall have a pro -rated share based on hours regularly scheduled. b. Plan Year: The "Plan Year" shall cover reimbursements for eligible expenses incurred between January I and December 31 of the calendar year. Page 5 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 299 Attachment 5 Exhibit A to the Resolution c. Third Party Administrator (TPAVEIigible Claims: Employees eligible for this benefit may request reimbursement through the third -party administrator selected by the City. d. Administrative Rules: The reimbursement of any expenses pursuant to this section shall be contingent upon the fulfillment of requirements pursuant to the provision(s) of the Internal Revenue Code and the City's selected third -party administrator. Section 11 — Disability Insurance: The City will contribute on behalf of each regular employee scheduled to regularly work at least 20 hours per week, the total premium cost of a Long -Term Disability Plan selected by the City. In addition, the City Manager shall be authorized to implement a short-term disability program, which would allow regular employees scheduled to work at least 20 hours per week, to purchase short-term disability insurance through payroll deductions, if such a plan is available. Section 12 — Life Insurance: The City will contribute on behalf of each full-time employee scheduled to regularly work at least 40 hours per week, the total premium cost of a $50,000 Term Life Insurance Policy selected by the City. In addition, the City Manager shall be authorized to implement a supplemental life insurance program, which would allow full-time employees to purchase additional term life insurance through payroll deductions, if such a plan is available. Section 13 — Retirement: For employees who are "Classic" members (as determined by CaIPERS), the City will provide the California Public Employees Retirement System 2.7% at age 55 (Section 21354.5 of the California Public Employees' Retirement System plan) retirement plan with the one-year final compensation (Section 20042 of the California Public Employees' Retirement System plan) benefit option. The City Council shall have the authority to further amend the plan to include benefit options offered by the Public Employees Retirement System. Effective July 1, 2011, classic members shall pay 8% of the employees' contribution rate. Effective January I, 2013, the City shall comply with the California Public Employees' Pension Reform Act of 2013 (PEPRA). Eligible employees who join the City's CaIPERS retirement system on or after January I, 2013, and are considered "PEPRA" members (as defined by CaIPERS) and shall have a retirement formula of 2%@ 62; 3-Year final compensation average and shall contribute their portion toward a new CaIPERS retirement tier as defined by law. Effective July I I, 2015, and pursuant the adoption of City Ordinance 1-2015 (June 2, 2015), employees shall share in the City's CaIPERS costs by contributing a percentage of the employee's compensation reportable to CaIPERS (i.e., "compensation earnable") towards the City's employer contribution, in accordance with Government Code section 20516(f). Employees who are Classic CaIPERS members will contribute 7%, and PEPRA CaIPERS members will contribute 3.05%. Page 6 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 300 Attachment 5 Exhibit A to the Resolution The City shall apply the provisions of Internal Revenue Code (IRC) 414(h) (2) to all eligible payroll deductions for employee CalPERS contributions so long as such provisions remain available to the City. Section 14 — Retiree Health Reimbursement Arrangement (HRA): The City shall make available a Retiree HRA account to eligible employees who were hired before January 1, 2016, and who retire from the City of Dublin while meeting the eligibility requirements for CalPERS retiree health insurance as provide under PEMCHA laws. a. Beginning on January I, 2016, the City's Retiree HRA Plan Year shall begin January I and end December 3 I of each calendar year. b. Beginning with January I, 2023, CalPERS premium year, eligible CaIPERS annuitants under the City of Dublin's CalPERS health contract shall receive reimbursement up to $2,030 per month toward the cost of CalPERS health insurance premiums. Reimbursement is provided in the form of cash to the eligible CalPERS annuitant on a monthly basis based on the CalPERS annuitant's annual election less the amount of any contribution provided by the City directly to CalPERS under Government Code Section 22892. In no event, shall the City's total reimbursement exceed the amount described in this section. c. Beginning with January I, 2024, CalPERS premium year, an annual adjustment, equal to the difference in the CalPERS Kaiser Family rate, not to exceed $100 per month, shall be provided. d. Employees hired by the City on or after January I, 2016, are not eligible for the Retiree HRA as defined in this section. The City's maximum contribution toward CalPERS retiree health coverage shall be the PEMCHA minimum contribution as determined by CalPERS under Government Code Section 22892. Section 15 — Deferred Compensation Plan: Participation in a variety of deferred compensation plans is offered. Participation in the City's deferred compensation plan shall be voluntary, but for employees who choose to participate, effective January I, 2024, the City will match an employee's contribution to the 457 deferred compensation plan up to a maximum of $50/month. Section 16 — Holidays: The following days shall be deemed holidays in accordance with the Personnel System Rules: a) b) c) d e) 0 g) New Year's Day Martin Luther King Jr. Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day January I Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November I I Page 7 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 301 h) Thanksgiving Day I) Day following Thanksgiving j) Day preceding Christmas k) Christmas Day I) Day preceding New Year's Day Attachment 5 Exhibit A to the Resolution Fourth Thursday in November Day following above December 24 December 25 December 3 I In addition to the designated holidays listed above, effective January I, 2021, employees shall be provided two (2) floating holiday per calendar year. Effective January 1, 2024, in recognition of time off for employees to celebrate their cultural or religious holidays, the City will provide two (2) additional floating holidays, for a total of four (4). Civic Service Leave will no longer be provided. Floating holidays are subject to the following restrictions: I) Must be used during the calendar year and cannot be carried over; and 2) Requires advance approval of the Department Head and the City Manager. All holidays will be credited at eight (8) hours each for full-time employees. Part-time employees will receive a pro -rated number of hours. Section 17 — Education Reimbursement: Full-time and regular part-time employees shall be eligible to participate in an education reimbursement program. The City shall only reimburse the employee for courses undertaken which are job -related or are part of a job -related course of study and/or degree program. The employee must obtain prior authorization from the City Manager and reimbursement will only be provided upon submittal of proof of satisfactory completion of the courses undertaken with a passing grade when applicable. The City will reimburse an amount equal to 75% of the employee's tuition and/or fees, (including books). For full-time employees, the amount reimbursed shall not exceed $2,000 per Fiscal Year beginning July I, 2020; for employees scheduled to work between 20-39 hours per week, the amount shall be pro -rated based on regularly scheduled hours. The payment of any reimbursements shall be contingent upon the fulfillment of reporting requirements established by the City Manager. Section 18 — Wellness Reimbursement Program: Beginning July I, 2020, the City shall provide a wellness reimbursement program of $25.00 per month to all regular full-time and part-time employees. Eligible wellness expenses may include activities that promote health, wellbeing and physical movement and/or exercise. Employees shall be reimbursed biennially in December and June of each fiscal year. Section 19 — Employee Service Awards: Beginning July I, 2020, regular full-time and part-time employees may opt in for a cash service award in the year in which they complete 10, 15, 20, and 25 years of service; cash award amounts are as follows: 10 years $500.00, 15 years $600.00, 20 years $800.00, 25 years $1,000. Page 8 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 302 Attachment 5 Exhibit A to the Resolution Section 20 — Employee Commute Alternative Program/Transit Commuter Program: The City established an Employee Commute Alternative Program to help ease traffic congestion, improve air quality in the Bay Area and work to achieve less stressful commutes. The City supports this program by encouraging City employees to register with the 51 I Regional Rideshare Program through www.5 1 I .org and by participating in the Alameda County Congestion Management Agency - Guaranteed Ride Home program. The City shall provide a $5.00 per day commute alternative cash incentive to all eligible employees pursuant to providing proper commute verification information. In addition, the City offers a pre -taxed Transit Commuter Program administered through third -party administrator (WageWorks) for the cost of public transit. Both Commuter programs comply with SB 1 128, which requires employers with 50 or more to offer at least one commuter benefit option to employees. Section 21 — Car Allowance and Mileage Reimbursement: The following positions shall be eligible to receive the designated monthly allowance. The receipt of the car allowance pursuant to this section shall be full compensation for all operating costs excluding tolls, parking fees and out of area travel. a. Management Positions Receiving Monthly Allowance Eligible Positions Monthly Allowance Assistant City Manager Assistant Director of Community Development Assistant Finance Director Assistant Parks and Community Services Director Assistant Public Works Director/City Engineer Capital Improvement Program Manager Chief Building Official Chief Information Security Officer Communications Manager Community Development Director Deputy City Manager Economic Development Director Finance Director Human Resources Director Parks & Community Services Director Parks & Community Services Manager Planning Manager Principal Engineer Public Works Director/Assistant City Engineer Public Works Manager Public Works Transportation & Operations Manager $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 $190 b. Miscellaneous Employees Receiving Car Allowance The following position shall be eligible to receive the designated monthly car allowance. Page 9 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 303 Attachment 5 Exhibit A to the Resolution Eligible Position Monthly Allowance Senior Civil Engineer $190 c. Operating Costs Employees whose services and compensation are provided for under separate agreement who receive a car allowance shall be eligible to receive 40 percent (rounded up to the nearest cent) of the amount recognized by the Internal Revenue Service for the use of a private vehicle as an operating cost. d. Mileage Reimbursement For employees not receiving a car allowance, when traveling on City business, the City will reimburse the amount recognized by the Internal Revenue Service for the use of a private vehicle. e. Out of Area Travel Reimbursement When traveling out of the area on City business, the City will reimburse the amount recognized by the Internal Revenue Service for the use of a private vehicle, or air transportation costs, whichever is less. f. Administrative Requirements The payment of any mileage reimbursements or car allowance shall be contingent upon the fulfillment of requirements established by the City's accounting procedures and other rules and policies. Section 21 — Resident Registration Fees: Effective July I, 2015, non-resident employees shall be granted Dublin resident fees and rates for City Parks and Community Services classes, trips and facility rentals; priority registration does not apply. Section 22 — Effective Date: The provisions of this Benefit Plan shall be administered in accordance with the regulations, policies and procedures issued by the City Manager or designee which shall include, but not limited to, the method and frequency of reimbursement to eligible employees for the benefit program(s) selected and appropriate procedures for the verification of payment made pursuant to the Benefit Plan. This Benefit Plan shall be effective July I, 2023, and shall supersede Resolution No. 115-10 and 61-20, all amendment to, and any previous resolutions adopted by the City Council which are in conflict. Page 10 of 10 City of Dublin Benefit Plan Revision Date: July I, 2023 304 Attachment 6 Exhibit B to the Resolution City of Dublin Employee Benefit Plan Established — lulu I. 2023 Page 1of15 City of Dublin Benefit Plan Revision Date: Iuly I. 2023 305 Attachment 6 Exhibit B to the Resolution RESOLUTION NO. XX 24 A RESOI 1 ITION OF THE CITY COUNT I1 OF THE CITY OF DUBLIN ************* AMCAII ING THE BENEFIT DI AN IN ACCORDANCE WITH D WHEREAS, thc City Council adrr a Pcroonncl Syatc n PPuIe for cmployccs of thc City; and cmployccs; and fita ec iat1 the City in etr*'reti.ng end mining quality WHEREAS, thc Pcrsonncl Systcm Rulcs require the City Council to aderf e ✓ancfit Plen; ir,d WHEREAS, thc idcntification of bcncfits in a singlc dorumaxtt will Rio` with the tdminiatret:on of thc personncl systcm; and fit provisiem 01E11 Ec cstablishcd in accordancc with thc City of Dublin Pcrsonncl Rulcs; and WHEREAS, thc Benefit Plen wti lee rdoptcd by Rcsolution I E I 1 E, end subscqucnt area,dmcnts. hcrcby amcnd thc following bcncfita r e Qcncfit Plan. whet the f Dublin docs Table of Contents Section 1 - Eligible Employees: 1 Section 2 — Market Rate Adjustments and Consumer Price Index (CPI) Adjustments: 1 Section 3 — Merit -Based Salary Adjustments: 2 Section 4 — Performance Pay Adjustments: 2 Section 5 - Medical Insurance: 2 Section 6. Flexible Benefit Program: 3 Section 7 - Alternative Benefit: 4 Section 8 - Dental Insurance: 5 Page 2 of 15 City of Dublin Benefit Plan Revision Date: Iuly I. 2023 306 Attachment 6 Exhibit B to the Resolution Section 9 - Vision Insurance: 5 Section 10. Trust Fund/Health Reimbursement Arrangement (HRA): 5 Section 11. - Disability Insurance: 7 Section 12 - Life Insurance: 7 Section 13 - Retirement: 7 Section 14 -Retiree Health Reimbursement Arrangement (HRA): 8 Section 15 - Deferred Compensation Plan: 8 Section 16- Holidays: 9 Section 17 - Education Reimbursement: 9 Section 18 - Wellness Reimbursement Program: 10 Section 19 - Employee Service Awards: 10 Section 20 - Employee Commute Alternative Program/Transit Commuter Program: 10 Section 21 - Car Allowance and Mileage Reimbursement: 10 Section 21 - Resident Registration Fees. 11 Section 22 - Effective Date: 12 OAP; of Du)..in 1 1 Er e.cl ce 13chwoflt Plcn 1 ErterA-kt cd Iu'v I. 2023 1 Page 3 of 15 City of Dublin Benefit Plan Revision Date: Iuly I. 2023 307 Section 1 — — Eligible Emolovees: All benefits shall apply to full-time employees of the City of Dublin, unless otherwise stated —_The benefits outlined in this plan shall not be provided to temporary (part- or full-time), provisional or contract employees, or to individuals who provide services to the City pursuant to contract unless the contract explicitly provides for such benefits. Section 2 — Market Rate Adjustments and Consumer Price Index (CPI) Adjustments: Effective lulu I. 2023, salary ranges (top and bottom) shall be adiusted based on the change in Consumer Price Index (CPI) from February 2022 through February 2023 using the San Francisco -Oakland -San lose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. The maximum adiustment shall be no greater than three and one-half percent (3.5%). the minimum adiustment will be one percent (1 %). Employee salaries will also be adiusted lulu I, 2023. based on the CPI results. Additionally. a total compensation salary survey of benchmark classifications was conducted. Any classification that was deemed to be under market was brought up to the 65th percentile of the City's comparator cities. Individual employees will not be adiusted, unless their current salary falls below the minimum of an adiusted range. In recognition of historically high CPI values the last two nears. employees will receive a one-time $1.500 stipend the first check paid out in lanuary 2024. Effective lulu I. 2024, salary ranges for most classifications (top and bottom) shall be adiusted based on the change in Consumer Price Index (CPI) from February 2023 through February 2024 using the San Francisco -Oakland -San lose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that were over market in luly of 2023, a total compensation survey will be conducted in April of 2024. The maximum adiustment shall be no greater than three and one-half percent (3.5%). the minimum adiustment will be one percent (1 %). Employee salaries will also be adiusted luly I, 2024, based on the CPI results, but in no event shall any adiustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Effective lulv I, 2025. salary ranges for most classifications (top and bottom) shall be adiusted based on the change in Consumer Price Index (CPI) from February 2024 through February 2025 using the San Francisco -Oakland -San lose region (Urban Wage Earners and Clerical Workers) as published by the Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2024, a total compensation survey will be conducted in April of 2025. The maximum adiustment shall be no greater than three and one-half percent (3.5%). the minimum adiustment will be one percent (1 %). Employee salaries will also be adiusted luly I, 2025, based on the CPI results, but in no event shall any adiustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Effective lulv I. 2026. salary ranges for most classifications (top and bottom) shall be adiusted based on the change in Consumer Price Index (CPI) from February 2025 through February 2026 using the San Francisco -Oakland -San lose region (Urban Wage Earners and Clerical Workers) as published by the Page I of I City of Dublin Benefit Plan Revision Date: luly I. 2023 308 Attachment 6 Exhibit B to the Resolution Bureau of Labor Statistics. For those classifications that continued to be over market in April of 2025. a total compensation survey will be conducted in April of 2026. The maximum adiustment shall be no greater than three and one-half percent (3.5%). the minimum adiustment will be one percent (I %). Employee salaries will also be adiusted lulu I, 2026. based on the CPI results. but in no event shall any adiustment provided for in this section result in an employee earning a salary in excess of the top of the range for their classification. Section 3 — Merit -Based Salary Adjustments: a) Annual adiustments in salary (based on the anniversary of the employee's date of hire or if applicable, the anniversary date of the most recent promotion) shall be based upon employee performance as determined by the performance evaluation. It is the duty of the supervisor and Department Head to give a fair and unbiased evaluation based on job performance of the employee. b) For the period of lulu I. 2023, through lune 30. 2027, employees will be eligible for an annual merit increase of up to 2.5%. based on their performance as outlined in their annual review. with an additional .5% at the discretion of the Department Director with agreement from the City_ Manager. for a maximum of 3%. c) In no event shall any salary adiustment result in an employee earning a salary in excess of the top of the range of their classification. Section 4 — Performance Pay Adiustments: If applicable. performance Day adiustment increases will be consistent with increases outlined in Section 3. Eligibility criteria is outlined in the City's Personnel Rules. Section 52 — —Medical Insurance: All City employees who are members of the California Public Employees Retirement System (CaIPERS) shall be eligible to select from plans administered by the Public Employees Medical and Hospital Care Act (PEMCHA). a. The City currently contracts with the California Public Employees' Retirement System (CaIPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. EligibilityThe eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees' Medical and Hospital Care Act (PEMHCA). EligibilityThe Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by CaIPERS annuitants. b. Effective January I, 2016, the City's employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government 2 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 309 Attachment 6 Exhibit B to the Resolution Section 22892. Contributions provided under this Section are required only to the extent mandated by PEMHCA. c. In the event CaIPERS requires a minimum employer payment in excess of the amount recited above, the City shall pay such additional amounts as approved by the City Council. Because CaIPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in the Benefit Plan so long as the city contracts for benefits with CaIPERS for medical insurance benefits. The City shall provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to any contribution provided to active employees under the Benefit Plan and in accordance with Government Code Section 22892. Section 6 — Flexible Benefit Program: The City shall make available a flexible benefit program (tax deferred employee contribution) that can be applied to specific expenses. e.g.. health premiums. and medical. dental. and vision expenses not covered by the insurance plan. The Citv's plan is subiect to the requirement and availability of Internal Revenue Code Section 125. allowing employees to use pre-tax compensation for PEMHCA medical premiums. eligible dependent care expenses. eligible uninsured medical expenses. or a combination thereof. All costs associated with the enrollment and administration of an eligible employee's account shall be paid by the City. a. The City shall not treat contributions made to the program as compensation subiect to income tax withholding unless the Internal Revenue Service and/or the Franchise Tax Board indicates that such contributions are taxable income subiect to withholding. Each employee shall be solely and personally responsible for any federal. state, or local tax liability of the employee that may arise out of the implementation of this Section or any penalty that may be imposed. therefore. b. Contributions to the flexible benefit program shall be used only for payment of those benefits that are available through the Citv's program. Any amount remaining after the Employee has designated the portion of his or her flexible benefit (125 plan) contribution amount for the purposes described in this Section shall be deemed forfeited. c. Each eligible employee shall file an election in writing during the month of open enrollment for medical insurance each near designating how the contributions in his or her flexible benefits account are to be spent during the ensuing year. Thereafter. no changes to designations shall be allowed until the enrollment of the following year. except for change for changes due to an eligible qualifying event. d. Each employee shall be responsible for providing immediate written notice to the Director of Human Resources of designee of any changes to the number of his or her dependents which would affect the amount of the City's payment into the program. Page 3 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 310 Attachment 6 Exhibit B to the Resolution e. Beginning with the lanuary I. 2023. premium. eligible employees shall receive up to $2.030 per month toward the premium cost for CaIPERS health insurance based on the employee's annual plan election less the amount of any contribution provided by the City directly to CaIPERS under government Code Section 22892. f. Beginning with the lanuary I. 2024. premium. eligible employees shall receive a monthly allowance UP to the amounts listed below. Eligibility is based on the employee's plan selection and participation level (e.g.. employee only coverage. employee plus I dependent or employee plus two or move). less the amount of any contribution paid under Section 2 above. Employee only = $1.260/month Employee and I dependent = $2.255/month Employee and 2 or more dependents = $2.525/month g. For CaIPERS plan years 2025, 2026, and 2027, the City will increase the monthly contribution outlined in Section 7(f) by half of the percent increase in Kaiser premiums at each level, except if the newly calculated amount exceeds the actual rate of Kaiser for the given year. If this situation occurs, the City contribution from the prior near will carry over. h. The City shall continue to provide a flexible benefit program as provided in this Section unless amended or repealed by the City Council. Section 7 — 3=Alternative Benefit: Effective July I, 2015, subject to proof of other health coverage and completion of CaIPERS Health Form HBD 12 indicating same, eligible City employees who are members of the California Public Employees Retirement System (Ca1PERS) and (I) elect to opt -out of receiving City contributions under Government Code Section 22892; as described in Section 2b; (2) are not enrolled in a City -sponsored health insurance plan as the dependent of another City employee; and (3) provide proof of medical insurance coverage from a plan other than a City -sponsored plan shall receive an alternative benefit in the form of a cash payment. a. Effective lulu I, 2015, Tthe amount of alternative benefit is $350 per month and benefit must be elected each year during open enrollment or upon a qualifying event. b. Effective lanuary I. 2024, the amount of alternative benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City -sponsored health insurance plan, as follows: Employee only = $250/month Employee and I dependent = $450/month Employee and 2 or more dependents = $625/month c. For the purpose of this Section. the term "dependent" shall mean a dependent eligible for coverage under a CaIPERS medical plan. Page 4 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 311 Attachment 6 Exhibit B to the Resolution mod. Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subject to income tax withholding and is considered a non -reportable CalPERS payment/benefit. Each eligible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section. Section 84 — : Dental Insurance: The City will contribute on behalf of each employee schedule to regularly work at least 30 hours per week, a maximum of the "full -family premium" per month to a dental insurance plan selected by the City: _The City will contribute on behalf of each regular employee scheduled to work between 20 to 29 hours per week, a maximum of the "employee only" premium per month to a dental insurance plan selected by the City. Effective lanuary I, 2024, in lieu of enrolling in a City -sponsored dental plan, employees may elect to opt - out of dental for themselves and eligible dependent(s). The amount of alternative benefit provided to an employee is based on the level of insurance coverage that the employee could have received if the employee had enrolled in a City -sponsored dental plan, as follows: Employee only = $25/month Employee and I dependent = $50/month Employee and 2 or more dependents = $75/month For the purpose of this Section. the term "dependent" shall mean a dependent eli2ible for coverage under the City -sponsored dental plan. Any cash payment provided under this Section shall be paid and reported to the Internal Revenue Service (IRS) and the California Franchise Tax Board as compensation subiect to income tax withholding and is considered a non -reportable CaIPERS payment/benefit. Each eli2ible employee shall be solely and personally responsible for any tax liability that may arise out of receipt of the alternative benefits provided under this Section. Section 9 — -Vision Insurance: The City will contribute on behalf of each employee schedule to regularly work at least 20 hours per week, a maximum of the "employee only premium" per month to a vision insurance plan selected by the City. Section 106 — Trust Fund/Health Reimbursement Arrangement (HRA): a. Plan Limits: Beginning on calendar year January I, 2021, full-time, regular employees will have a $1,000 limit for eligible reimbursements— _Employees regularly scheduled to work between 20 and 30 hours per week shall have a pro -rated share based on hours regularly scheduled. b. Plan Year: The "Plan Year" shall cover reimbursements for eligible expenses incurred between January I and December 31 of the calendar year. Page 5 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 312 Attachment 6 Exhibit B to the Resolution c. Third Party Administrator (TPAVEIigible Claims: Employees eligible for this benefit may request reimbursement through the third -party administrator selected by the City. d. Administrative Rules: The reimbursement of any expenses pursuant to this section shall be contingent upon the fulfillment of requirements pursuant to the provision(s) of the Internal Revenue Code and the City's selected third -party administrator. Scction 7. Flenikitz ET -ending Accujnt. The City ('hell melee available a flcxiblc bcncfit program (tax dcfcrrcd cmploycc erntrib' t:en) that can be applied to spccific cxpcnscs, c.g., p emiuma, end - medical, do ttel, end vision cxpcnscs not covcrcd by the irxureneo pkn. Thc City'a pie n is aubieet tc the requirement and aver.IekAliti; , compcnsation fer P-EMHCA mcdieel promiun' , eligible dcpcndcnt carc cxpcnscs, cligip),a uninsured mcdical er a eemri.nat%cn thereof. API cysts rioociated with thc cnrollmcnt and tAminimret.iron- of an cligible c\npl yccs acce4intAhell he paid by thc City. a. Thc City shall not trcat erntririttcm made-te the pre rein ecmorxee n aub oct to it eeme tail withholding unI xx the Interne! P& cnuc Scrvicc and/or thc Franchise Tr. indicate(' thetrsuth eentribiitsons are t atr e-i-neerne sublet to withholding. Each cmploycc ('hell Eo oolcly and personally rcsponsiblc for any fcdere!, tc, or local taut litkAitri of thc employee that mei erica vat of —the in ..cm ntation of this Scction or any pcnalty that mey-be imposed, thcrcforc. b. Cerrri'b tie►c to thc flexible bcncfit program shell !v used only for paymcnt of those bcncfits that ere ereilebk. threuel the City's program. Any amount rcrr.ining after the EnT..Joycc has �-ti gneteed the motion of his or hcr flcxiblc bcncfit (125 pkn) contribution amount for thc purpose(' dogcriSed in this Eeeticir. &hell Ee deemed forfcitcd. c. Each cligiblc cmployi ('hell file an cleerkn in writing during thc month of opcn cnrollmcnt for mcdical iraurence cach ycar dcsignating how thc centrikafecrx3 in hia er her flcxiblc bcncfits aee,c ant erne ktz K-^nt during thc ensuing ycar. Thcrcaftcr, no changcs to dcsignaticrx ('hell - be allowed until the cnrollmcnt of thc following ycar, cxccpt for changc for changcs duc to an cligiblc qualifying event. d. Each employee shell rcsponsiblc for providing immcdiatc written notice to thc Director of !-lumen Resources of dcsigncc of any changcs to the numErfr of hie u- hcr dcpcndcnts which would affcct thc amount of thc City's paymcnt into the pregrem. Beginning with the Jenurey I, 2023 premium, eligible employees shell receive uF tr $2,030 per month toward thc pre.nium mist for Ce1P-EP.S heath irourence based on thc employee's annual plan cicction lcss thc amount of any ccntrib' Lion providcd by thc City dircctly to CeIP-EP.S . der g nt Cod„ Seetien 22Qo2 c. Thc City rhtell eee&inuc to providc a flcxiblc benefit pre<-5,rar,; es Provided in this Scction unlcss amended er r'ealcd by thc City Council. Page 6 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 313 Attachment 6 Exhibit B to the Resolution Section 11 8. — Disability Insurance: The City will contribute on behalf of each regular employee scheduled to regularly work at least 20 hours per week, the total premium cost of a Long -Term Disability Plan selected by the City. In addition, the City Manager shall be authorized to implement a short-term disability program, which would allow regular employees scheduled to work at least 20 hours per week, to purchase short-term disability insurance through payroll deductions, if such a plan is available. Section 129 — —Life Insurance: The City will contribute on behalf of each full-time employee scheduled to regularly work at least 40 hours per week, the total premium cost of a $50,000 Term Life Insurance Policy selected by the City. In addition, the City Manager shall be authorized to implement a supplemental life insurance program, which would allow full-time employees to purchase additional term life insurance through payroll deductions, if such a plan is available. Section 130 — —Retirement: For employees who are "Classic" members (as determined by CaIPERS). Tthe City will provide the California Public Employees Retirement System 2.7% at age 55 (Section 21354.5 of the California Public Employees' Retirement System plan) retirement plan, cffcctivc Auguot 20,2005 with the-an-d Oone y-ear fWinal cCompensation (Section 20042 of the California Public Employees' Retirement System plan) benefit optionto all eligible cmployccs. The City Council shall have the authority to further amend the plan to include benefit options offered by the Public Employees Retirement System. Effcctivc July I, 201 I, thc City shall contributc zcro (0%) to thc Public Employees' Rctircmcnt Systcm {PERS) en Pnhelf of all covered cmployccs. Effective lulu I. 201 1. classic membersCity cmployccs shall pay 8% of the employees' contribution rate. cffcctivc July I, 201 I. _The City ohc.11 etr.T. r; thc provisions of Interne! P.cvcnuc Codc (IRC) 4I4(h)(2) to thc dcductions for eynp'.oyeo P-EP.S ecntribi.Rt:ons so long as such provision remains available to thc City. Effcctivc October 20, 2012, and J rauent tc Art'.cl 2 Contract Provisions, Scction 20516 of thc Californie Pur2ic EmFJ.ayccs Rctircmcnt Law (PAP.!) ErnF)..oycc Crtat S'hrring of Additional Bcncfits has bccn adopted up tc a rnwcimum of 4.072%. The City ohe11 &pp!; thc provisions of Intcrrnel Revenue Codc (IRC) 414(h) (2) to ell vrrtk F yeAl er. ✓.actions for employee C IPEP.S eeetr%' 'tier.. En .2oycc Cost Sharing of Additional Bcncfits shall be dctcrmincd during a review of the Februu.ry_Cc.rr✓j r Price Index (CPI) All Utizh Wage Eernings and thc City's Fiscal Yce.rbudget r coc; net tc exceed the i' ximum sf 4.072%. Effective January I, 2013, the City shall comply with the California Public Employees' Pension Reform Act of 2013 (PEPRA). Eligible employees who join the City's CaIPERS retirement system on or after January I, 2013, and are considered dew"PEPRA"CeIREP.S members (as defined by CaIPERS) and shall have a retirement formula of 2%@ 62; 3-Year final compensation average and shall contribute their portion toward a new CaIPERS retirement tier as defined by law. Page 7 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 314 Attachment 6 Exhibit B to the Resolution Effective July I I, 2015, and pursuant the adoption of City Ordinance 1-2015 (June 2, 2015), thc above vGriehJ()herring of additicndl Ein1efito ohe11 discontinue and 'Jroutnt tr Article 2 Contract Provisions, Scction 20516 of thc Califrrnir Pubbie En►r23yci Rail —mutt ! erv-(PAR!) Er r23yoo S.htring of Additional €er�� ohdll Ex Gdoptcd to employees shall share in the City's CalPERS costs by contributing a percentage of the employee's compensation reportable to CalPERS (i.e. "compensation earnable") towards the City's employer contribution. in accordance with Government Code section 20516(fl. Employees who are Classic CaIPERS members will contribute 7% for Classic local misccllancous CrIP-ERS mtimh4ro _and PEPRA CalPERS members will contribution 3.05%. for Ncw local misccllancous CdPERS rnOE-n The City shall apply the provisions of Internal Revenue Code (IRC) 414(h) (2) to all eligible payroll deductions for employee CalPERS contributions so long as such provisions remains available to the City. Section 141-- —Retiree Health Reimbursement Arrangement (HRA): The City shall make available a Retiree HRA account to eligible employees who were hired before January I, 2016, and who retire from the City of Dublin while meeting the eligibility requirements for CalPERS retiree health insurance as provide under PEMCHA laws. a. Beginning on January I, 2016, the City's Retiree HRA Plan Year shall begin January I and end December 31 of each calendar year. b. Beginning with the January I, 2023- CalPERS premium year, eligible CalPERS annuitants under the City of Dublin's CalPERS health contract shall receive reimbursement up to $1,9002,030 per month toward the cost of CalPERS health insurance premiums. Reimbursement is provided in the form of cash to the eligible CalPERS annuitant on a monthly basis based on the CalPERS annuitant's annual election less the amount of any contribution provided by the City directly to CalPERS under Government Code Section 22892. In no event, shall the City's total reimbursement exceed the amount described in this section. b7c.Beginnin2 with lanuary I. 2024. CalPERS premium near. an annual adiustment. equal to the difference in the CalPERS Kaiser Family rate. not to exceed $100 Der month. shall be provided. Ed. Employees hired by the City on or after January I, 2016, are not eligible for the Retiree HRA as defined in this section. The City's maximum contribution toward CalPERS retiree health coverage shall be the PEMCHA minimum contribution as determined by CalPERS under Government Code Section 22892. Section 152, — Deferred Compensation Plan: Participation in a variety of deferred compensation plans is offered. Participation in the City's deferred compensation plan shall be voluntary, but for employees who choose to participate, effective lanuary I, 2024, the City will match an employee's contribution to the 457 deferred compensation plan up to a maximum of $50/month. vdr,.rterry programs and thc City will not cu.rribijtc my funds on Page 8 of 15 City of Dublin Benefit Plan Revision Date: I u Iv I. 2023 315 Attachment 6 Exhibit B to the Resolution 'et.,Jtk,n is currently offcrcrd in a prcbrrm tdministcrcd by the Into nrt%rndl City Management Association/RC exclusively thrv..rh December 2022. Section 16 3— Holidays: The following days shall be deemed holidays in accordance with the Personnel System Rules and the Rcsolution Satth.iahing Manabo.nixtt P&ntscna Exinp` from Competitive Service and Prescribing Lcavc Benefits for the Positions: a) b) c) d e) f) g) h) I) j) k) I) New Year's Day Martin Luther King Jr. Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day following Thanksgiving Day preceding Christmas Christmas Day Day preceding New Year's Day January I Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November I I Fourth Thursday in November Day following above December 24 December 25 December 31 In addition to the designated holiday s listed above, effective Ianuary I, 2021, employees shall be provided rr.) Floating Holiday Ttwo (2) floating holiday per calendar year effective Jerr,Jtmy I, 2021, Effective lanuary I, 2024, in recognition of time off for employees to celebrate their cultural or religious holidays, the City will provide two (2) additional floating holidays, for a total of four (4). Civic Service Leave will no longer be provided-. Floating holiday s are wh ch tun b, subject to the following restrictions: I) Must be used during the calendar year and cannot be carried over; and 2) Requires advance approval of the Department Head and the City Manager. All holiday s will be credited at eight (8) hours each for full-time employees. Part-time employees will receive a pro -rated number of hours. Section 17 — 4—Education Reimbursement: Full-time and regular part-time employees shall be eligible to participate in an education reimbursement program. -The City shall only reimburse the employee for courses undertaken which are job -related or are part of a job -related course of study and/or degree program —_The employee must obtain prior authorization from the City Manager and reimbursement will only be provided upon submittal of proof of satisfactory completion of the courses undertaken with a passing grade when applicable —_The City will reimburse an amount equal to 75% of the employee's tuition and/or fees, (including books). For full-time employees, the amount reimbursed shall not exceed $2,000 per Fiscal Year beginning July I, 2020; for employees scheduled to work between 20-39 hours per week, the amount shall be pro -rated based on Page 9 of 15 City of Dublin Benefit Plan Revision Date: lull, I. 2023 316 Attachment 6 Exhibit B to the Resolution regularly scheduled hours. The payment of any reimbursements shall be contingent upon the fulfillment of reporting requirements established by the City Manager. Section 185 — Wellness Reimbursement Program: Beginning July I, 2020, the City shall provide a wellness reimbursement program of $25.00 per month to all regular full-time and part-time employees. Eligible wellness expenses may include activities that promote health, wellbeing and physical movement and/or exercise. Employees shall be reimbursed biennially anin December and June of each fiscal year. Section 19 — 6Emplovee Service Awards: Beginning July I, 2020, regular full-time and part-time employees may opt in for a cash service award in the year in which they complete 10, 15, 20, and 25 years of service; cash award amounts are as follows: 10 years $500.00, 15 years $600.00, 20 Yyears $800.00, 25 years $1,000. Section 20 — 1-7,Emplovee Commute Alternative Program/Transit Commuter Program: The City established an Employee Commute Alternative Program to help ease traffic congestion, improve air quality in the Bay Area and work to achieve less stressful commutes. The City supports this program by encouraging City employees to register with the 511 Regional Rideshare Program through www.5 I I .org and by participating in the Alameda County Congestion Management Agency - Guaranteed Ride Home program —_The City shall provide a $5.00 per day commute alternative cash incentive to all eligible employees pursuant to providing proper commute verification information. In addition, the City offers a pre -taxed Transit Commuter Program administered through third -party administrator (WageWorks) for the cost of public transit. Both Commuter programs comply with SB 1 128, which requires employers with 50 or more to offer at least one commuter benefit option to employees. Section 21 Car Allowance and Mileage Reimbursement: The following positions shall be eligible to receive the designated monthly allowance —_The receipt of the car allowance pursuant to this section shall be full compensation for all operating costs excluding tolls, parking fees and out of area travel. a. Management Positions Receiving Monthly Allowance Eligible Positions Monthly Allowance Assistant City Manager $ 190 Assistant Director of Community Development Dircctor $ 190 Assistant Finance Director $ 190 Assistant Parks and Community Services Director $190 Assistant Public Works Director/City Engineer $ 190 Capital Improvement Program Manager $190 Chief Building Official $190 Page 10 of 15 City of Dublin Benefit Plan Revision Date: July I. 2023 317 Attachment 6 Exhibit B to the Resolution Chief Information Security Officer $190 Communications Manager $190 Community Development Director $ 190 Deputy City Manager $ 190 Economic Development Director $ 190 Finance Director $ 190 Human Resources Director $ 190 Planning Direor $ 190 Parks & Community Services Director $190 Parks & Community Services Manager $ 190 Planning Manager $ 190 Principal Engineer $190 Public Works Director/Assistant City Engineer $ 190 Public Works Manager $ 190 Public Works Transportation & Operations Manager $ 190 b. Miscellaneous Employees Receiving Car Allowance The following position shall be eligible to receive the designated monthly car allowance. Eligible Position Monthly_ Allowance Senior Civil Engineer $ 190 c. Operating Costs Employees whose services and compensation are provided for under separate agreement who receive a car allowance shall be eligible to receive 40 percent (rounded up to the nearest cent) of the amount recognized by the Internal Revenue Service for the use of a private vehicle as an operating cost. d. Mileage Reimbursement For employees not receiving a car allowance, when traveling on City business, the City will reimburse the amount recognized by the Internal Revenue Service for the use of a private vehicle. e. Out of Area Travel Reimbursement When traveling out of the area on City business, the City will reimburse the amount recognized by the Internal Revenue Service for the use of a private vehicle, or air transportation costs, whichever is less—. f. Administrative Requirements The payment of any mileage reimbursements or car allowance shall be contingent upon the fulfillment of requirements established by the City's accounting procedures and other rules and policies. Section 21 Resident Registration Fees: Page I I of I City of Dublin Benefit Plan Revision Date: I u Iv I. 2023 318 Attachment 6 Exhibit B to the Resolution Effective July 1, 2015, non-resident employees shall be granted Dublin resident fees and rates for City Parks and Community Services classes, trips and facility rentals; priority registration does not apply. Section 22 — O-Effective Date: The provisions of this Bbenefit Plan shall be administered in accordance with the regulations, policies and procedures issued by the City Manager or designee which shall include, but not limited to, the method and frequency of reimbursement to eligible employees for the benefit program(s) selected and appropriate procedures for the verification of payment made pursuant to the Benefit Plan. Section 21. This Benefit Plan resolution shall be effective July I, 20230 and shall supersede Resolution No. 151 151 15-10 and 61-20, all amendment to, and any previous resolutions adopted by the City Council which are in conflict. PASSED,PASSEWAPPROVEDANDADOPTE-D-t-his-1-6th day of Junc, 2020, by the following votc: AYES: NA€& ABSENT. ABSTAIN ATTSCT CkyClCl" k Page 12 of 15 Mr)'®r City of Dublin Benefit Plan Revision Date: lull, I. 2023 319 Attachment 7 RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE SALARY PLAN FOR FULL-TIME PERSONNEL AND MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE WHEREAS, the City Council has adopted a Salary & Benefit Plan pursuant to the Personnel System Rules; and WHEREAS, the City Council adopted Resolution No. 73-23 and subsequent amendments which establish a Salary Plan for full-time personnel in accordance with the Personnel System Rules; and WHEREAS, the City Council adopted Resolution No. 74-23 and subsequent amendments which establish a Salary Plan for full-time management positions exempt from competitive service in accordance with the Personnel System Rules. NOW, THEREFORE, BE IT RESOLVED that the following salary provisions shall be established in accordance with the City's Personnel System Rules. BE IT FURTHER RESOLVED that any City Council of the City of Dublin does hereby amend the Salary Plan, attached hereto as Exhibit A, which shall supersede the salary provisions contained in Resolution No. 73-23 or 74-23 and any subsequent amendments. BE IT FURTHER RESOLVED that the changes contained herein shall be effective July 1, 2023. PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 1 320 iI DUBLIN CALIFORNIA City of Dublin Salary Plan by Classification Last Amendment Approved by City Council on September 5, 2023 JOB CLASS CODE ELECTED OFFICIALS JOB CLASSIFICATION GROUP EFFECTIVE CODE DATE 1000 MAYOR 100 12/20/2022 1005 COUNCIL 100 12/20/2022 EXECUTIVE MANAGEMENT 3005 CITY MANAGER 300 7/1/2023 3010 ASSISTANT CITY MANAGER HOURLY HOURLY MINIMUM MAXIMUM Flat Amount Flat Amount Contract - Flat Amount 300 7/1/2023 $110.5075 I $138.1148 3020 CHIEF INFORMATION SECURITY OFFICER 300 7/1/2023 3025 CITY CLERK $95.9623 $119.9515 300 7/1/2023 $72.1264 $90.1564 3030 COMMUNITY DEVELOPMENT DIRECTOR 300 7/1/2023 3055 DEPUTY CITY MANAGER 300 7/1/2023 3035 ECONOMIC DEVELOPMENT DIRECTOR 300 7/1/2023 3015 3040 3045 FINANCE DIRECTOR HUMAN RESOURCES DIRECTOR PARKS & COMMUNITY SERVICES DIRECTOR 300 300 300 7/1/2023 7/1/2023 7/1/2023 3050 PUBLIC WORKS DIRECTOR/ASSISTANT ENGINEER MANAGEMENT EXEMPT 300 7/1/2023 4110 ACCOUNTING MANAGER $98.8523 $123.5720 $99.4349 $97.1766 $97.1766 $97.1766 $96.8770 $124.2985 $121.4769 $121.4769 $121.4769 $121.0869 $100.8097 $126.0171 400 1 9/5/2023 $68.9607 l $86.2008 4005 ASSISTANT TO THE CITY MANAGER 400 7/1/2023 4015 ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT 400 7/1/2023 4010 ASSISTANT FINANCE DIRECTOR 400 7/1/2023 4020 4025 4030 4035 4040 ASSISTANT PARKS & COMMUNITY SERVICES DIRECTOR ASSISTANT PUBLIC WORKS DIRECTOR/CITY ENGINEER CAPITAL IMPROVEMENT PROGRAM MANAGER CHIEF BUILDING OFFICIAL COMMUNICATIONS MANAGER 400 400 400 400 400 7/1/2023 7/1/2023 7/1/2023 7/1/2023 7/1/2023 4045 ENVIRONMENTAL & SUSTAINABILITY MANAGER 400 7/1/2023 4055 HUMAN RESOURCES MANAGER 400 $68.9686 $86.2152 $79.0875 $77.7448 $77.5007 $86.4632 $75.4534 $75.9288 $69.6436 $98.8593 $97.1810 $96.8758 $108.0855 $94.3151 $94.9093 $87.0597 $69.6441 $87.0597 7/1/2023 $69.6441 $69.6441 7/1/2023 $69.6441 7/1/2023 $69.6441 4060 INFORMATION SYSTEMS MANAGER 400 7/1/2023 4100 PARKS & COMMUNITY SERVICES MANAGER 4070 PLAN CHECK ENGINEER 400 400 $87.0597 $87.0597 $87.0597 $87.0597 MONTHLY MONTHLY MINIMUM MAXIMUM $2,125.23 r $1,416.82 $28,586.44 $19,154.63 I $23,939.89 $16,633.46 $20,791.59 $12,501.91 $15,627.11 $17,134.39 $21,419.15 $17,235.38 $16,843.95 $16,843.95 $16,843.95 $16,792.01 $21,545.07 $21,055.99 $21,055.99 $21,055.99 $20,988.39 $17,473.69 $21,842.97 $11,953.20 $14,941.46 $11,954.56 $14,943.98 $13,708.50 $13,475.76 $13,433.46 $14,986.96 $13,078.59 $13,160.98 $12,071.56 $17,135.60 $16,844.71 $16,791.80 $18,734.82 $16,347.96 $16,450.94 $15,090.36 $12,071.65 $15,090.36 $12,071.65 $12,071.65 $12,071.65 $12,071.65 $15,090.36 $15,090.36 $15,090.36 $15,090.36 Exhibit A ANNUAL ANNUAL MINIMUM MAXIMUM $25,502.76 $17,001.84 $343,037.24 $229,855.60 I $287,278.68 $199,601.48 $249,499.12 $150,022.86 $187,525.26 $205,612.68 $257,029.76 $206,824.54 $202,127.38 $202,127.38 $202,127.38 $201,504.16 $258,540.88 $252,671.90 $252,671.90 $252,671.90 $251,860.70 $209,684.28 $262,115.62 $143,438.36 $179,297.56 $143,454.74 $179,327.72 $164,502.00 $161,709.08 $161,201.56 $179,843.56 $156,943.02 $157,931.80 $144,858.74 $205,627.24 $202,136.48 $201,501.56 $224,817.84 $196,175.46 $197,411.24 $181,084.28 $144,859.78 $181,084.28 $144,859.78 $144,859.78 $144,859.78 $144,859.78 $181,084.28 $181,084.28 $181,084.28 $181,084.28 1of3 321 iI DUBLIN CALIFORNIA City of Dublin Salary Plan by Classification Last Amendment Approved by City Council on September 5, 2023 JOB CLASS JOB CLASSIFICATION CODE GROUP CODE EFFECTIVE DATE 4075 PLANNING MANAGER 400 7/1/2023 4115 PRINCIPAL ENGINEER 400 9/5/2023 4080 PRINCIPAL PLANNER 400 7/1/2023 4085 PUBLIC WORKS MANAGER 400 7/1/2023 4095 PW TRANSPORT & OPERATIONS MGR 400 7/1/2023 4105 SPECIAL PROJECTS MANAGER 400 7/1/2023 EXEMPT CLASSIFICATIONS 5005 ACCOUNTANT 500 7/1/2023 5010 ASSISTANT CIVIL ENGINEER 500 7/1/2023 5015 ASSOCIATE CIVIL ENGINEER 500 7/1/2023 5020 ASSOCIATE PLANNER 500 7/1/2023 5025 BUDGETANALYST 500 7/1/2023 5030 DEPUTY CITY CLERK 500 7/1/2023 5035 ENVIRONMENTAL COORDINATOR 500 7/1/2023 5040 EXECUTIVE AIDE 500 7/1/2023 5045 FINANCIAL ANALYST 500 7/1/2023 5095 GIS COORDINATOR 500 7/1/2023 5105 GRAPHIC DESIGN & COMMUNICATIONS COORDINATOR 600 7/1/2023 5050 HOUSING SPECIALIST 500 7/1/2023 5100 MAINTENANCE COORDINATOR 500 7/1/2023 5055 MANAGEMENT ANALYST II 500 7/1/2023 5060 NETWORK SYSTEMS COORDINATOR 500 7/1/2023 5065 PARKS & FACILITIES DEVELOPMENT COORDINATOR 500 7/1/2023 5070 PLANS EXAMINER II 500 7/1/2023 5075 RECREATION SUPERVISOR 500 7/1/2023 5080 SENIOR ACCOUNTANT 500 7/1/2023 5085 SENIOR CIVIL ENGINEER 500 7/1/2023 5090 SENIOR MANAGEMENT ANALYST 500 7/1/2023 5021 SENIOR PLANNER 500 7/1/2023 HOURLY HOURLY MINIMUM MAXIMUM MONTHLY MONTHLY MINIMUM MAXIMUM Exhibit A ANNUAL ANNUAL MINIMUM MAXIMUM $74.3995 I $93.0057 $12,895.94 $16,121.00 $154,751.22 $193,451.96 $75.4534 $94.3151 $13,078.59 $16,347.96 $156,943.02 $196,175.46 $69.6441 I $87.0597 $12,071.65 $15,090.36 $144,859.78 $181,084.28 $69.6441 $87.0597 $12,071.65 $15,090.36 $144,859.78 $181,084.28 $75.4534 I $94.3151 $13,078.59 $16,347.96 $156,943.02 $196,175.46 $69.6441 $87.0597 $12,071.65 $15,090.36 1 • $144,859.78 $181,084.28 $53.9712 $67.4749 $9,355.02 $11,695.65 $112,260.20 $140,347.74 $54.9106 $68.6367 $9,517.84 $11,897.04 $114,214.10 $142,764.44 $63.8656 $79.8350 $11,070.04 $13,838.07 $132,840.50 $166,056.80 $53.9712 $67.4749 J $9,355.02 $11,695.65 $112,260.20 $140,347.74 $61.8228 $77.2801 $10,715.94 $13,395.22 $128,591.32 $160,742.66 $47.0920 $58.8619 J $8,162.61 $10,202.73 $97,951.36 $122,432.70 $53.7534 $67.2045 $9,317.25 $11,648.78 $111,807.02 $139,785.36 $46.5612 $58.1984 ] $8,070.62 $10,087.72 $96,847.40 $121,052.62 $61.8228 $77.2801 $10,715.94 $13,395.22 $128,591.32 $160,742.66 $54.7247 $68.4189 ] $53.7534 $67.2045 $9,317.25 $11,648.78 $111,807.02 $139,785.361 $9,485.62 $11,859.27 $113,827.48 $142,311.26 $61.8228 $77.2801 $10,715.94 $13,395.22 $128,591.32 $160,742.66 $53.7534 $67.2045 $9,317.25 $11,648.78 $111,807.02 $139,785.36 $53.7534 $67.2045 $9,317.25 $11,648.78 $111,807.02 $139,785.36 $51.6661 $64.5949 $8,955.46 $11,196.45 $107,465.54 $134,357.34 $53.9712 $67.4749 $9,355.02 $11,695.65 $112,260.20 $140,347.74 $51.6661 $64.5949 $8,955.46 $11,196.45 $107,465.54 $134,357.34 $52.6981 $65.8618 $9,134.34 $11,416.04 $109,612.10 $136,992.44 $59.4221 $74.2792 $10,299.84 $12,875.07 $123,598.02 $154,500.841 $71.5538 $89.4390 $12,402.65 $15,502.76 $148,831.80 $186,033.12 $61.8228 $77.2801 r $10,715.94 $13,395.22 $128,591.32 $160,742.61 $76.8871 J $61.5048 $10,660.82 $13,327.10 $127,929.88 $159,925.22 2 of 3 322 sr� DUBLIN CALIFORNIA City of Dublin Salary Plan by Classification Last Amendment Approved by City Council on September 5, 2023 JOB CLASS CODE JOB CLASSIFICATION GROUP EFFECTIVE CODE DATE NON-EXEMPT CLASSIFICATIONS 6005 ADMINISTRATIVE AIDE 600 7/1/2023 6010 ADMINISTRATIVE TECHNICIAN 600 7/1/2023 6015 ASSISTANT PLANNER HOURLY HOURLY MINIMUM MAXIMUM $44.3326 $55.4265 $40.3083 $50.3799 MONTHLY MONTHLY MINIMUM MAXIMUM $7,684.32 $9,607.26 $6,986.76 $8,732.51 Exhibit A ANNUAL ANNUAL MINIMUM MAXIMUM $92,211.86 $115,287.12 $83,841.16 $104,790.14 600 7/1/2023 $47.7986 $59.7337 $8,285.10 $10,353.85 $99,421.14 $124,246.20 6047 AUDIO -VIDEO SPECIALIST 600 7/1/2023 6020 CODE ENFORCEMENT OFFICER $46.8559 $58.5590 $8,121.69 $10,150.23 $97,460.22 $121,802.72 600 7/1/2023 $43.7269 $54.6586 $7,579.33 $9,474.16 $90,951.90 $113,689.94 6025 ENVIRONMENTAL TECHNICIAN 600 7/1/2023 6030 FINANCE TECHNICIAN I $45.6764 $57.1214 $7,917.24 $9,901.04 $95,006.86 $118,812.46 600 7/1/2023 $32.2132 $40.2666 $5,583.63 $6,979.55 $67,003.56 $83,754.58 6031 FINANCE TECHNICIAN II 600 7/1/2023 6045 INFORMATION SYSTEMS SPECIALIST $35.8056 $44.7414 $6,206.31 $7,755.17 $74,475.70 $93,062.06 600 7/1/2023 $46.8559 $58.5590 $8,121.69 $10,150.23 $97,460.22 $121,802.72 6050 INFORMATION SYSTEMS TECH I 600 7/1/2023 6051 INFORMATION SYSTEMS TECH II $38.6695 $48.3424 $6,702.71 $8,379.35 $80,432.56 $100,552.14 600 7/1/2023 $42.9694 $53.7154 $7,448.03 $9,310.67 $89,376.30 $111,727.98 6055 MANAGEMENT ANALYST I 600 7/1/2023 6060 OFFICE ASSISTANT I $48.3959 $60.4838 $8,388.62 $10,483.85 $100,663.42 $125,806.20 600 7/1/2023 $28.6703 $35.8415 $4,969.51 $6,212.53 $59,634.12 $74,550.32 6061 OFFICE ASSISTANT II 600 7/1/2023 6065 PERMIT TECHNICIAN $31.8608 $39.8225 $5,522.53 $6,902.57 $66,270.36 $82,830.80 600 7/1/2023 $40.3083 $50.3799 $6,986.76 $8,732.51 $83,841.16 $104,790.14 6070 PLANS EXAMINER I 600 7/1/2023 6075 PUBLIC WORKS INSPECTOR $46.8559 $58.5591 $8,121.69 $10,150.25 $97,460.22 $121,802.98 600 7/1/2023 $47.6229 $59.5234 $8,254.63 $10,317.39 $99,055.58 $123,808.62 6080 PUBLIC WORKS TECHICIAN I 600 7/1/2023 6081 PUBLIC WORKS TECHNICIAN II $38.9991 $48.7399 $6,759.85 $8,448.25 $81,118.18 $101,378.94 600 7/1/2023 $43.3323 $54.1554 $7,510.92 $9,386.93 $90,131.08 $112,643.18 6085 RECREATION COORDINATOR 600 7/1/2023 6090 RECREATION TECHNICIAN $44.7676 $55.9849 $7,759.72 $9,704.05 $93,116.66 $116,448.54 600 7/1/2023 $40.3083 $50.3799 $6,986.76 $8,732.51 $83,841.16 $104,790.14 6095 SENIOR CODE ENFRCMNT OFFICER 600 7/1/2023 6100 SENIOR FINANCE TECHNICIAN $48.1093 $60.1220 $8,338.94 $10,421.15 $100,067.24 $125,053.76 600 7/1/2023 $42.9694 $53.7154 $7,448.03 $9,310.67 $89,376.30 $111,727.98 6105 SENIOR OFFICE ASSISTANT 600 7/1/2023 6110 SENIOR PUBLIC WORKS INSPECTOR $35.0441 $43.8033 $6,074.32 $7,592.56 $72,891.78 $91,110.76 600 7/1/2023 $54.1338 $67.6612 $9,383.18 $11,727.95 $112,598.20 $140,735.40 3 of 3 323 Attachment 9 RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically amend job descriptions to the Classification Plan. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to include the following position: Accounting Manager (Exhibit A) Principal Engineer (Exhibit B) NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be further amended to update the job specification of Graphic Design and Communications Coordinator (Exhibit C). BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective September 5, 2023. PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 324 Title: FLSA: General Purpose: Accounting Manager Exempt/At-Will/Management Attachment 10 Exhibit A to the Resolution Date Adopted: 09/05/2023 Date Revised: Under the direction of the Finance Director, plans, organizes, directs and coordinates the activities of the Finance Department including payroll, financial reporting, audit procedures, maintenance of accounting records, cash flow management, purchasing, fixed asset inventory, business license and Deputy City Treasurer functions; to coordinate Finance Department activities with other divisions and departments; and to provide highly complex staff assistance to the Director of Finance and in the absence of the Director, assume the responsibility for all Finance Department operations. Completes other related work as required. Distinguishing Characteristics: The Accounting Manager position is a management position responsible for directing, supervising and participating in the activities of the Finance Department and provides highly responsible and complex staff assistance to the Finance Director. Incumbents in this classification have a broad range of independence within policy and procedural limitations and work under minimal supervision. The incumbent is accountable to the Finance Director for the effective supervision of personnel and the quality and efficiency of services directed. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of Department goals. Recommendations on the improvement of Department activities are expected. Individuals appointed to this classification are At -Will Employees serving at the pleasure of the City Manager. Supervision Received and Exercised: Receive administrative direction from the Finance Director. Exercise direct supervision over assigned supervisory, professional, technical, and clerical personnel. 325 Attachment 10 Exhibit A to the Resolution Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Develop and implement departmental goals, objectives, policies, and procedures. Plan, organize and direct Finance Department activities including complex municipal accounting operations such as accounts payable, accounts receivable, payroll, purchasing, treasury disbursements and business license issuance and monitoring. Direct, oversee and participate in the development of the Finance Department work plan; assign work activities, projects and programs; monitor workflow; review and evaluate work products, methods and procedures. Perform as Deputy City Treasurer, identifying and coordinating investment opportunities in conjunction with local and state laws and policies; participate in managing the City's investment program, including financial planning and development of management strategies to monitor short - and long-term financial stability. Assist with internal control and auditing functions; ensure proper preparation of records for various audits and assist independent auditors; direct and participate in the preparation of various fmancial and statistical reports, including investment reports for the City Council and required State and Federal reports. Interpret pronouncements of authoritative organizations in the field of governmental accounting and finance. Exercise quality control over contents of various financial reports, ledgers, budgets, and other financial documents Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Finance Department. Assist in reviewing various municipal service fees and rates including garbage rates, insurance costs, and related cost issues; assist in operational administration of risk management activities as assigned. Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. 326 Attachment 10 Exhibit A to the Resolution Represent the department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary. Research and prepare technical and administrative reports; prepare written correspondence. Perform related duties as assigned. Minimum Qualifications: Knowledge of: Generally Accepted Accounting Principals (GAAP) and Government Accounting Standards Board (GASB). Principles and practices of municipal accounting, budgeting, auditing, financing, and investment activities. Principles and practices of leadership, motivation, team building and conflict resolution. Pertinent local, State and Federal rules, regulations, and laws. Modern office procedures and computer equipment. Principles and practices of organizational analysis and management. Budgeting processes, controls, and systems. Principles and practices of supervision, training and personnel management. Ability To: Organize and direct the Finance Departments daily operations. Perform complex work of the Department. Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Gain cooperation through discussion and persuasion. Interpret and apply City and department policies, procedures, rules, and regulations. Supervise, train, and evaluate personnel. Establish and maintain effective working relationships with those contacted in the course of work. 327 Attachment 10 Exhibit A to the Resolution Communicate clearly and concisely, both orally and in writing. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to bend and twist to reach files, walk and stand, and occasionally lift up to 20 pounds. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree from an accredited four-year college or university with major course work in accounting, business or public administration, or a related field. A current CPA License is highly desirable. Experience: Four (4) years of increasingly responsible experience in municipal finance including accounting and auditing, including two years of supervisory responsibility. Licenses; Certificates; Special Requirements: Possession of a valid California Class C Driver's License and Certificate of Automobile Insurance for Personal Liability. 328 Title: FLSA: General Purpose: Principal Engineer Exempt/At-Will/Management Attachment I I Exhibit B to the Resolution Date Adopted: 09/05/2023 Date Revised: Under administrative direction, supervises the day-to-day responsibilities of a section of the Engineering Division; performs professional engineering work; manages work processes associated with functions assigned to the section; performs related duties as required. Distinguishing Characteristics: The Principal Engineer is a management level class requiring a high degree of professional skill and knowledge in administering and evaluating complex engineering programs. The Principal Engineer differs from the next lower class of Senior Civil Engineer, in that the Principal plans and directs the engineering operations and staff and/or consultants within an assigned engineering section, whereas the Senior is responsible for handling complex engineering projects. Incumbents serve as a professional -level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within broad guidelines. Supervision Received and Exercised: Receives administrative direction from assigned management personnel. Exercises direct supervision over professional, technical, and administrative support staff. Essential Duties and Responsibilities: Recommend and implement section goals and objectives; establish performance standards and methods for professional engineering work related to assigned section operations; develop and implement policies and procedures. Plan, develop and oversee the work of staff involved in activities related to assigned section operations, such as public works engineering, drainage, development, utility operations and maintenance, and related capital improvement projects. 329 Attachment I I Exhibit B to the Resolution Evaluate operations and activities of assigned section; determine section priorities; develop short and long-range plans; implement improvements and modifications; prepare various reports on operations and activities. Direct and/or participate in the preparation of complex engineering studies and reports related to public works, development, utilities, and capital improvement projects according to section assignment; oversee coordination of assigned section activities with other city departments, divisions, and sections, outside agencies, citizens, consultants, and developers. Meet and confer with developers, contractors, engineers, and the general public regarding city policies, regulations, and procedures. Provide staff support to a variety of city boards, commissions, committees and industry specific boards, including making presentations and ascertaining direction, when appropriate, for implementation of approved recommendations. Participate in budget preparation and administration; prepare cost estimates for budget recommendations; and submit justifications for staff, a variety of engineering, utility, and related capital improvement projects; monitor and control expenditures. Participate in the selection of staff; coordinate staff training; conduct performance evaluations; recommend discipline; implement discipline procedures as directed. Periodically review progress of staff and consultants on assigned projects and check completed work including reports, engineering designs, and completeness of construction work and inspections. Participate in the selection of consultants, negotiates fees, drafts agreements, outline project objectives and City requirements, administers related contracts, and reviews and approves engineering designs. Conduct field reviews and inspections of proposed, underway, and completed projects. Review and prepare land development plans, construction documents, encroachment permit applications, Landscape Assessment District and transportation project designs as assigned; check plans for accuracy, suitability, and completeness and make recommendations for revision and improvement. Develop conditions for development projects and other applications; work collaboratively with planning and building functions; review work of subordinate engineers for completeness and accuracy; develop recommendations for consideration within the development review process. Prepare, monitor, service and administer grants and other competitive regional special funding; secure funding; negotiate and oversee consulting and construction service contracts; and conduct 330 Attachment I I Exhibit B to the Resolution field inspections; ensure project related information is received by appropriate staff, public or agency in a timely manner. Resolve the most complex customer service issues related to engineering issues. Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. Build and maintain positive working relationships with co-workers, other City Employees, and the public using principles of good customer service. Prepare reports for, attend, and make presentations for City Council, Planning Commission, and other public and private groups. Perform related duties as assigned. Minimum Qualifications: Knowledge of: Principles and practices of professional engineering related to assigned function, which may include public works and utilities, land development, construction, traffic engineering, and associated capital improvement projects. Modern land development options, Subdivision Map Act, and the urban planning process related to land development. Pertinent local, State, Federal rules, regulations, and laws, codes, ordinances, City functions, policies, rules and regulations. Principles and practices of safety management. Principles and practices of supervision, training and personnel management. Methods and techniques of mapping as related to engineering functions. Modern office procedures, computer equipment, and software applications for word processing, budget preparation and monitoring, project cost management, geographic information systems, scheduling, and software related to specific department operations. Principles and practices of research analysis and management. Budgeting procedures and techniques. Ability To: 331 Attachment I I Exhibit B to the Resolution Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards. Provide administrative, management, and professional leadership for assigned engineering programs. Prepare, administer, and manage project budgets. Manage and participate in complex engineering projects; evaluate alternatives; make sound recommendations and prepare effective technical reports. Negotiate scopes of work and contracts including planning studies, design contracts, maintenance contracts, procurement of materials/equipment, performance guarantees, and construction contract change orders. Conduct independent project engineering. Select and manage the work of consulting, engineering, and contracting firms. Understand, interpret, and apply all pertinent laws, codes, regulations, policies, and procedures, and standards relevant to work performed. Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals. Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. Effectively use computer systems, software applications, relevant to work performed, and modern business equipment to perform a variety of work tasks. Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax. Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Physical Standards: 332 Attachment I I Exhibit B to the Resolution The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to bend and twist to reach files, walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, construction and design plans, information and documents; operate a computer; operate an automobile to visit project site and move across rough terrain and bridge scaffolding to review construction sites prior to final completion; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree from an accredited four-year college or university with major course work in civil engineering, traffic engineering, or a related field. Master's degree in an appliable field is desirable. Experience: Five (5) years of increasingly responsible experience in professional engineering, including two (2) years of supervisory responsibility. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers' license and Certificate of Automobile Insurance for Personal Liability. Possession of a current certificate of registration as a Professional Engineer with the State of California. 333 Title: FLSA: General Purpose: Attachment 12 Exhibit C to the Resolution Date Adopted: 04-17-2012 Date Revised: 09-05-2023 Graphic Design and Communications Coordinator Non -Exempt Under administrative direction, develops and coordinates City or assigned Departmental marketing, publication, and presentation materials to encourage positive customer contact, and ensure consistent, credible, and professional communications are continuously developed within the City. The Graphic Design and Communications Coordinator creates a variety of effective marketing medium that heighten the visibility of specialized programs and/or increases public interest and audience. This classification is expected to have broad knowledge of graphic art concepts, techniques, and processes, including layout principles and aesthetic design concepts. Distinguishing Characteristics: This class is distinguished by its responsibility for planning, designing, creating, and producing a wide variety of quality illustrative graphic artwork, printed and electronic materials, web pages of varying degrees of complexity, and video communication activities.- The employee is expected to have a broad knowledge of graphic art concepts, techniques, and processes including knowledge e€, including layout principles and aesthetic design concepts. The incumbent is expected to participate in the development ofdeveloning, marketing and promotional materials; develop, write and edlitwriting, and editing promotional materials, including advertisements, press releases, and marketing campaigns.- The Graphic Design and Communications Coordinator serves as a website content manager and social media sranhic coordinator for the DepartmentCity, adhering to established City policies and standards related to the content and look of website information. Supervision Received and Exercised: Receives administrative direction from the Heritage and Cultural ArtsCommunications Manager. May exercise technical and functional supervision over part-time or contracted staff as appropriate. Essential Duties and Responsibilities: The following duties are normal typical for this classification.- The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this class. 1 334 Attachment 12 Exhibit C to the Resolution Participate in the development ofdeveloning assigned programs' marketing/promotion strategy marketing/promotion strategy of assigned program; ; establishes project goals and objectives; Mmeets with City staff to identify project needs. Eensure all artwork meets brand guidelines, requirements, and values. Conceptualize, develop, design, and direct content that can scale across multiple channels, media, and audiences. Create -photography direction, typography, branding application, and design for multiple channels in both digital and mitt,ntadiadigital and print media channels. Has expertise in typography, composition, color, layout, design thinking, and content strategy. Oversee the complete creative process of one or more pro_ects, combining technical and artistic skills. Create engaging designs and, —concepts, and sample layouts based on knowledge of layout principles, and aesthetic design concepts. Develop the overall layout and design of flyers, advertisements, website content, reports, presentations, and other publications, which enhance the professional image and branding of Department programs and services. Produce promotional displays, packaging, and marketing brochures for products and services. Design distinctive logos for products and services. Develop signs, and signage systems, and other environmental graphics. Administer web -site content and social media on behalf of the DepartmentCity.- Develop material and content for iTnternet wWeb-pages, interactive media, and multimedia projects. Assist Department City staff with the development ofdeveloning presentations using PowerPoint and other presentation software. Write, edit, prepare, and distribute informational materials, press releases, articles, and presentations to inform the community and the organization of City issues, services, programs, and events. Writes and oversees video productions. Prepare notes, instructions, and electronic files for vendors that responsible for producing will produce final materials. Survey, collect, and evaluate community participation, attendance, and satisfactionsatisfaction, and overall results of specific measures and goals. Develop partnerships and coordinate information with outside agencies to foster and develop community services, events, and information. 2 335 Attachment 12 Exhibit C to the Resolution Sechli cpo oors hipste enicr-ite-pfojects enters ser-SCereate presentation packets for sponsorships and maintain sponsorship databases. Develop and administer program budgets, and monitor expenditures and prepare related reports. Ovcrsco3 part tines staff ao aofigncd and independent contractors. Negotiate and manage agreements for contract services. Prepares information and reports related t clitecgreent's fidgets. Maintain records and prepare written promotion plans and reports. Maintain a sufficient supply of inventory and materials that willo ensure that the Department City meets the needs of its customers, clients, and the public. Build and maintain positive working relationships with co-workers, other City employees,. and the public using principles of good customer service. Perform other duties as assigned. Minimum Qualifications: Knowledge of: Modern marketing and public relations techniques and event promotion planning. Medmx p'& ip;es of organization and ��lni otration. Writing and editing techniques for a variety of audiences. Developing or maintaining websites. Proficient English language usage, spelling, punctuation, and grammar. Basic supervisory and motivational techniques. Knowledge of a varietyVarious esoftware applications used for graphic design and publication. Methods and practices of program development and project management. Principles and practices of effective business and marketing communications. Ability to: Interpret project needs and convert user -developed content into attractive print advertising and electronic media. Develop design concepts by gathering information and data to clarify design issues. 3 336 Attachment 12 Exhibit C to the Resolution Design and paste-up camera-ready reports and brochures for in-house or contract printing projects; oversee document reproduction process for quality and accuracy. Think creatively, produce new ideas, and contribute to the overall project. Take photographs using digi a1 and other cameras and prepare slides and/or PowerPoint presentations. Use innovation to redefine designs as needed to meet the-eanImints of cost and timecost and time constraints. Multi -task and work on more than one design project at a time.; Sset priorities and meet deadlines; work in a fast -paced, team_ oriented environment. Work well under pressure and quickly make responsible decisions; identify and resolve problems quickly. Demonstrate tact and good judgment in dealing with sensitive issues and situations. Use a wide range of media, computer operating systems, and various software programs. Proficiency with programs in the Adobe Creative Suites is desirable. Produce accurate and high qualitykk duality_ work products. Collect, evaluate, and interpret varied information and data, either in statistical, narrative, or verbal form. Keep abreast of developments in information technology and trends, particularly design programs and hardware. Oversee, train, and provide input tein the evaluation of part-time staff; assess activities of independent contractors. Establish and maintain effective working relationships; and work collaboratively with a team of vendors and City staff. Attend day, evening, and weekend meetings and events. Communicate in an effective and concisc manncreffectively and concisely, both orally and in writing. Physical Standards: The physical standards described are representative of those that mut bo i 1 by cmployeesemplovees must meet to successfully perform the ocontiral functions of thic7J1txroperform the essential functions of this class successfully.- Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 4 337 Attachment 12 Exhibit C to the Resolution An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, climb, kneel, and twist while working on computer equipment, peripherals, and ancillary equipment; perform simple grasping and fine manipulation; use telephone and write and use keyboard to communicate; see small text and numbers on computer screen; routinely move equipment weighing up to 30 pounds. While performing duties, the employee is regularly required to read and interpret data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees, and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities are qualifying.- A typical way to obtain the knowledge and abilities would be: Education: Equivalent to an Associate of Arts degree from a recognized college or university with major course working in graphics design, advertising, marketing, photography, desktop publishing, and/or reprographics.- A Bachelor's Bachelor's degree is highly desirable. Experience: Three years of progressively responsible paid experience performing graphic design work, including desktop publishing. Training: Any software training related to Adobe Create Suites software programs or other courses and certification programs, which are relevant to this job classification, relevant to this iob classification are is desirable. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers' a valid California Class C driver's license and Certificate of Automobile Insurance for Personal Liability. 5 338 Attachment I3 RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DESIGNATING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City's Personnel Ordinance, the City Council adopted Resolution No. 110-15, and subsequent amendments, which establish Management Positions and prescribes leave benefits for these positions; and WHEREAS, it is necessary to periodically update the resolution to reflect new classifications; and WHEREAS, it is necessary to incorporate leave benefits for management positions except from competitive service into the City's Personnel System Rules for consistency and transparency purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, in accordance with the Ordinance Establishing a Personnel System, designates the positions identified below as exempt from competitive service and shall serve at the pleasure of the City Manager, excepted as noted in Section 2.20.040 of the Ordinance (Personnel System). 1. Accounting Manager 2. Assistant City Manager 3. Assistant Director of Community Development 4. Assistant Finance Director 5. Assistant Parks & Community Services Director 6. Assistant Public Works Director/City Engineer 7. Assistant to the City Manager 8. Capital Improvement Program Manager 9. Chief Building Official 10. Chief Information Security Officer 11. City Clerk 12. Communications Manager 13. Community Development Director 14. Deputy City Manager 15. Economic Development Director 16. Environmental & Sustainability Manager 17. Finance Director 18. Human Resources Director 19. Human Resources Manager 20. Information Systems Manager 21. Parks & Community Services Director 22. Parks & Community Services Manager 23. Plan Check Engineer Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 339 Attachment I3 24. Planning Manager 25. Principal Engineer 26. Principal Planner 27. Public Works Director/Assistant Engineer 28. Public Works Manager 29. Public Works Transportation & Operations Manager 30. Special Projects Manager BE IT FURTHER RESOLVED that the leave benefits for positions exempt from competitive service previously outlined in Resolution No. 110-15, and subsequent amendments, will be incorporated into the overall Personnel System Rules adopted by Resolution No. XX-23 and no longer reside with this resolution. BE IT FURTHER RESOLVED that the changes contained herein shall be effective September 5, 2023. PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 340