Rancho Palos Verdes City Council
   

OCTOBER 19, 2004 AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES OCTOBER 19, 2004 AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES

TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: ASSISTANT TO THE CITY MANAGER

DATE: OCTOBER 19, 2004

SUBJECT: AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES

RECOMMENDATION

1. Adopt Resolution No. 2004 -, A Resolution of the City Council of the City of Rancho Palos Verdes authorizing City of Rancho Palos Verdes to obtain State summary criminal history information for the purpose of screening employees, volunteers, and independent contractors.

2. Adopt Resolution No. 2004-, amending Resolution No. 2004-45, the Budget Appropriation for FY 04-05, to increase the Personnel Program Budget for professional and technical services.

3. Adopt Resolution No. 2004 -; amending Resolution No. 2002-05 and adopting revisions to the Competitive Service Employee Personnel Rules.

4. Adopt Resolution No. 2004 -; amending Resolution No. 2002-06 and adopting revisions to the Management Employee Personnel Rules.

5. Authorize Mayor to execute professional service agreements with Western Medical Group to conduct pre-employment medical examinations and conduct medical review of positive drug test results.

EXECUTIVE SUMMARY

To ensure the best interests of the City, employees and the public are protected and to help minimize potential liability, staff requests City Council approval to institute 1) criminal background investigations on existing and prospective employees, volunteers (including docents) and independent contractors (including recreation instructors) and 2) pre-employment medical examinations and alcohol/drug screening of all new hires or re-hires and staff considered for a promotion or transfer into a position requiring greater physical qualifications.

Based upon information obtained and relevancy to the individual’s duties performed, the City will determine whether the findings warrant disciplinary action, alternative accommodation, termination or disqualification from City employment, promotion/transfer, or service.

BACKGROUND

Since the City’s incorporation, the City has relied upon staff’s personal judgment to subjectively evaluate the moral character of employees, volunteers and independent contractors. The City has not obtained criminal history records of anyone. Fortunately, to staff’s knowledge there have been no reported crimes against minors or the elderly, or misuse of public funds/records by any employee, volunteer, or independent recreational contractor serving the City. In addition, the City’s workers compensation claims history reflects the integrity of staff and volunteers for there has been no evidence or suspicion of fraudulent claims or abuse. As the number of city park and recreational facilities, programs, special events and population continues to grow, staff believes it is time to implement a formal process to obtain criminal history information on current and new employees, volunteers and independent contractors, and obtain physical fitness information, including drug screening, from all prospective employees.

In 1993, the California Education Code required every public recreation program employer to require each employee having direct contact with minors to immediately submit a set of fingerprints to the Department of Justice. Since the City’s recreation program became predominately outsourced with independent recreation instructors around that time, staff presumes the fingerprinting requirement was inadvertently overlooked or interpreted as inapplicable at the time. Currently, cities are prohibited from hiring any person or engaging any person to serve as a volunteer, in any position in any city-operated park, playground, recreation center or beach used for recreational purposes, if such person has been convicted of specified offenses and would have supervisory or disciplinary authority over minors (California Public Resources Code Section 5164). Therefore, human resource agencies or employers may request from the Department of Justice records of all convictions and any arrests pending final adjudication involving offenses specified in Welfare and Institutions Code Section 15660, for any person who applies for a license, employment or volunteer position in which he/she would have supervisory or disciplinary power over or direct contact with a minor or any person under his/her care (California Penal Code Section 11105.3). In addition, cities are required to obtain fingerprints of any person, in any public recreation program, who will have direct contact with minors (California Education Code Section 10911.5). The City would conservatively apply these regulations to the majority, if not all, of our volunteers through Los Serenos de Point Vicente Docents, independent recreational instructors, and city recreation staff since the clientele of our parks, recreational facilities, and recreational programs vary in age from infant to over 75 years of age on a daily basis. Furthermore, given the high public accountability standards of city service, accessibility to public records, funds, resources and facilities, staff believes the criminal history of all current and new part time and full time staff, irrespective of position or duties, be obtained and monitored as a precaution.

DISCUSSION

After reviewing internal city procedures for screening personnel, volunteers and independent contractors, staff identified two areas of potential liability exposure to the City. These two areas are 1) employees, volunteers and independent contractors with a criminal history and 2) new employees with pre-existing physical/medical conditions that may pose a threat to themselves, fellow employees and/or the public. Staff requests City Council to authorize the City Manager to enact policies and procedures which will govern the administration of criminal history investigation, pre-employment physicals and drug testing in accordance with the law.

Background Checks.

Obtaining criminal history information would serve as a re-assuring confirmation of the moral turpitude of individuals working for and providing a service to the City and the general public. Staff proposes a mandatory background investigation of all existing and new personnel, as well as current and prospective volunteers and independent recreation instructors, who may interact with minors and/or handle public funds/records while providing a service to the City. This would be accomplished through the electronic submission of fingerprints to the State of California Department of Justice and the subsequent automated response provided to the City in approximately 72 hours.

Any felony or misdemeanor convictions within ten years of the City’s request for a criminal history may preclude an individual from all or certain types of City employment, service, or permit. The City’s determination will take into consideration all facts and circumstances, including but not limited to, the length of time since each conviction, number of convictions, seriousness of each offense, work/volunteer record and potential effect of the conviction upon the prospective position as well as fellow employees, volunteer and the public. In the case of any employee or independent contractor position appointed directly by the City Council, the Council shall make the determination.

The Department of Justice will directly bill the City a $32 fee for each background investigation process, and the local fingerprinting facilities will charge each individual at the time of service a "rolling fee" that varies between $12-$20 per person to take and submit the fingerprints to the Department of Justice. Although California Education Code Section 10911.5 allows the applicant to be responsible for all fees, city staff considers the Department of Justice fee to be a reasonable personnel recruitment expense and proposes reimbursing the rolling fee to the applicant, if he/she passes the background check.

Medical Examinations and Drug Testing.

The City is committed to providing a safe, effective and productive work force, and complying with the Drug-Free Workplace Act of 1998. In support of this, staff proposes to require all new hires and re-hires for City employment to undergo a medical examination and testing for illegal drug use at a city designated medical facility as a condition of employment. Pre-employment medical examinations of prospective city employees would provide the City with valuable information concerning their physical condition, so the City may better assess their capability to perform essential job duties, provide reasonable work accommodation if eligible under Americans with Disabilities Act or California Fair Employment and Housing Act, and withdraw an employment offer if the prospective employee fails the medical examination. In addition, early awareness of health issues may also help reduce the occurrence and severity of work place injuries particularly in the maintenance and recreation job classifications, which involve more difficult physical requirements, such as heavy lifting. For these designated job classifications, customized lift exercises and subsequent special examinations may be required of new hires as well as from promotional/transfer candidates.

Staff compiled informal bids of local industrial/occupational medical clinics and determined Western Medical Group would best meet the City’s need for medical examination services at the lowest overall cost. The basic physical is $30 per person, alcohol and drug screen test is $38-$50 per person and customized lift tests for selected maintenance and recreation job classifications are $30-$60 per exam. Attached to the staff report are the comprehensive price list and draft service contracts for medical examinations and for interpreting positive drug test results.

To launch the proposed new procedures for criminal background investigations, alcohol/drug testing and pre-employment medical examinations, the City Council is requested to approve the following actions:

  1. Approve budget appropriations of $12,584 for criminal background investigations and $1,820 for medical examinations and alcohol/drug testing. Staff estimates 242 people consisting of current and new employees, volunteers and recreation instructors will be investigated this fiscal year at a cost of $52 per investigation. For pre-employment physicals and drug testing, approximately 15 prospective candidates are anticipated to be tested at $68 per person and staff added $800 to cover the customized lift tests and miscellaneous tests.
  2. Amend the City’s Competitive Service Employee Personnel Rules to add new Rule XVI Medical Examination Procedures and to incorporate the new background check policy under Rule XII Discipline Procedures. The following are proposed additions under Rule XII--Discipline Procedures, Section 2--Cause for Discipline in underline text:

Item "k".

"Conviction of a felony or conviction of a misdemeanor involving moral turpitude, including but expressly not limited to, any conviction for any offense set forth in the City of Rancho Palos Verdes Policy for conducting Criminal Background Checks and Securing Received Criminal History Information. A plea of guilty or nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section."

New item "cc".

"Failure to report any criminal conviction and/or arrest pending final adjudication as required by the City of Rancho Palos Verdes Policy for Conducting Criminal Background Checks and Securing Received Criminal History Information."

3. Amend the City’s Management Employee Personnel Rules to add the new medical examination policy as Rule XII, Medical Examination Procedures. Management employees are "at will" employees and include the Department Heads and the Assistant City Manager.

4. Authorize the Mayor to execute professional service agreements with Western Medical Group to conduct pre-employment physical examinations and its subcontractor to interpret the positive drug test results.

FISCAL IMPACT

Authorizing funds for implementing new policies on criminal background investigations, pre-employment physical examinations and drug screening will reduce the General Fund Reserves by $14,404 during the current fiscal year. A Statement of Estimated General Fund Reserves, which is currently over $10 million, is attached for the Council’s information.

Direct expenses:

1. Background Investigation/Fingerprinting.

The start up cost to implement background investigations for all 79 current employees, 88 volunteers and 25 independent recreation contractors is approximately $9,984. On an annual basis, staff estimates investigating up to 50 prospective candidates at a cost of $2,600. Therefore the total estimated cost proposed for a budget appropriation in FY04-05 is $12,584 (242 individuals X $52 per background check).

2. Physical Examinations, Customized Lift Testing, Drug Testing, etc.

Since this program will apply to new employees or employees considered for promotion into a recreation or maintenance job classification, the total estimated annual cost for contracted services is $1,820 (15 prospective candidates X $68 per person, plus $800 to cover miscellaneous medical exams and customized lift tests).

In-direct expenses:

Staff time devoted to executing the new administrative procedures will be intensive the first year however; staff believes existing staff can adequately manage the extra workload.

PREPARED BY

Gina Park

Assistant to the City Manager

APPROVED BY

Les Evans

City Manager

Attachments:

  1. FY04-05 Statement of Estimated General Fund Reserves
  2. Resolution authoring the City to obtain criminal history information
  1. Resolution authorizing budget appropriations
  2. Resolution amending Competitive Service Employee Personnel Rules
  3. Resolution amending Management Employee Personnel Rules
  4. Draft Service Contracts for Medical Examinations and Drug Test Interpretation

RESOLUTION 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS AND INDEPENDENT CONTRACTORS

WHEREAS, California Penal Code Section 11105 (b) (10) authorizes the City of Rancho Palos Verdes ("City") to access State summary criminal history information for the purpose of screening employees and volunteers;

WHEREAS, Penal Code Section 11105 (b) (10) requires the Attorney General to furnish State summary criminal history information to cities when needed in the course of cities’ duties with respect to employment, including but expressly not limited to, fulfilling employment duties with respect to existing employees as well as applicants for employment and volunteer positions based on specified criminal conduct;

WHEREAS, Penal Code Section 11105 (b) (10) requires the City Council to authorize specified personnel to have access to summary criminal history information for the purpose of screening employees and volunteers;

WHEREAS, California Penal Code Section 11105.2 provides that the Department of Justice may furnish State subsequent arrest information to cities when needed in the course of cities’ duties with respect to employment, including but expressly not limited to, fulfilling employment duties with respect to existing employees as well as applicants for employment and volunteer positions with cities;

WHEREAS, California Penal Code Section 11105.3 provides that human resources agencies or employers may request from the Department of Justice records of all convictions or any arrest pending adjudication involving those offenses specified in Penal Code Section 11105(h), for any person who applies for employment or a volunteer position in which he/she would have supervisory or disciplinary authority over a minor or any person under his/her care;

WHEREAS, California Public Resources Code Section 5164 prohibits cities from hiring any person as an employee or volunteer, at specified park and recreation facilities, for positions having supervisory or disciplinary authority over any minor, if the person has been convicted of certain criminal offenses;

WHEREAS, Public Resources Code Section 5164 requires cities to take reasonable steps to determine if a prospective employee or volunteer has been convicted of any crimes specified in Penal Code Section 11105.3; and

WHEREAS, California Education Code Section 10911.5 requires that public recreation program employers must require the fingerprinting of all employees who will have direct contact with minors, as a condition of employment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DECLARES AND RESOLVES AS FOLLOWS:

Section 1. The City Manager of the City of Rancho Palos Verdes is hereby given authority to obtain State summary criminal background information, and subsequent arrest information, from the California Department of Justice for the purpose of screening all applicants for full-time and part-time employment, and all current full-time and part-time employees. The City Manager is further authorized to obtain State summary criminal background information, and subsequent arrest information, from the California Department of Justice, for the purpose of screening all volunteers, permit applicants, permittees and independent contractors, who may have supervisory or disciplinary authority over, or direct contact with, minors or any person under their care and/or in the course of their duties.

Section 2. The City Manager is hereby given authority to obtain from the California Department of Justice any and all records of convictions and any arrests pending adjudication involving offenses listed in Penal Code Section 11105(h), with respect to all applicants for employment and current employees. The City Manager is further given authority to obtain records of convictions and arrests pending adjudication involving offenses listed in Penal Code Section 11105(h) with respect to volunteers, permit applicants, permittees, and/or independent contractors, where such volunteers, permittees and/or independent contractors would have supervisory or disciplinary authority over, or direct contact with, minors or any person under their care or would have access to or use public funds and/or public records in the course of their duties.

Section 3. The City Manager is hereby authorized to enact policies and procedures which will govern the administration of received criminal history information and which meet the requirements of the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security Section for any agency that maintains or receives criminal history information.

Section 4. For purposes of this Resolution, the term "City Manager" shall also include the Assistant City Manager. The term "City Manager" shall also include such other persons specifically designated by the City Manager in the City’s written policies and procedures to perform any of the functions specified herein.

PASSED, APPROVED and ADOPTED this day of 2004.

__________________________

Mayor

ATTEST:

_________________________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 19, 2004.

__________________________

City Clerk

RESOLUTION NO. 2004-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS

VERDES, AMENDING RESOLUTION 2004-45, THE BUDGET APPROPRIATION FOR FY04-05, TO INCREASE THE PERSONNEL BUDGET FOR PROFESSIONAL AND TECHNICAL SERVICES

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council;

WHEREAS, on June 1, 2004, the City Council of the City of Rancho Palos Verdes adopted Resolution 2004-45, approving a spending plan and authorizing a budget appropriation for FY04-05;

WHEREAS, the City Council wishes to protect the best interests of the City, public and employees by instituting criminal background checks for designated existing and prospective employees, volunteers, and independent contractors at a cost of $12,584; and

WHEREAS, the City Council wishes to initiate pre-employment physical examinations and drug screening of all prospective employees for the welfare of the employee and the public at a cost of $1,820.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustments be made to the FY04-05 budget:

Increase the General fund budget as follows:

Personnel #101-1011-411-32-00 Professional/Technical $14,404

PASSED, APPROVED, AND ADOPTED THE 19th DAY OF OCTOBER 2004.

MAYOR

ATTEST:

CITY CLERK

State of California )

County of Los Angeles )ss

City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004- was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 19, 2004.

CITY CLERK

RESOLUTION NO. 2004 -

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES.

WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and,

WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,

WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and,

WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: Amends the Competitive Service Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof.

 

PASSED, APPROVED and ADOPTED on 2004.

 

 

MAYOR

ATTEST:

 

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004-XX ; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 19, 2004.

 

CITY CLERK

EXHIBIT A

The following are proposed additions for the City’s Competitive Service Personnel Rules:

1. Under Rule XII--Discipline Procedures, Section 2--Cause for Discipline, the additions are denoted in underline text:

Item "k".

"Conviction of a felony or conviction of a misdemeanor involving moral turpitude, including but expressly not limited to, any conviction for any offense set forth in the City of Rancho Palos Verdes Policy for conducting Criminal Background Checks and Securing Received Criminal History Information. A plea of guilty or nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section."

New item "cc".

"Failure to report any criminal conviction and/or arrest pending final adjudication as required by the City of Rancho Palos Verdes Policy for Conducting Criminal Background Checks and Securing Received Criminal History Information."

2. New Rule XVI for Medical Examination Procedures:

"RULE XVI

MEDICAL EXAMINATION PROCEDURES

SECTION I – MEDICAL EXAMINATION: Any employee may be required to undergo a medical examination at a time designated by the Personnel Officer.

SECTION II – NEW HIRES OR RE-HIRES: In order to be eligible for employment or re-employment with the City, a job applicant shall be required to undergo a medical examination at a City-designated medical facility to determine whether the applicant is capable of performing the essential functions required of the position and can meet the standards established by the Personnel Officer.

SECTION III – PROMOTION OR TRANSFER: In order to be eligible for a promotion or a transfer to a job classification in a category requiring greater physical qualifications than his/her present job classification, an employee may be required to undergo the same pre-employment medical examination as a new hire or re-hire at a City-designated medical facility to determine whether the candidate is capable of performing the essential functions required of the promotional or transfer position and can meet the standards established by the Personnel Officer

SECTION IV – PROCEDURE:

(a) All medical examinations shall be job-related and consistent with business necessity.

(b) The medical examination of a job applicant will occur only after a conditional offer of employment is made and where all entering employees in the same classification are subject to the same examination.

(c) The medical examination of an existing employee seeking a promotion or transfer will occur only after a conditional offer of promotion or transfer is made and where all new entering employees in the same classification are subject to the same examination.

(d) Pre-employment tests for illegal drugs and alcohol may be administered in conjunction with a medical examination for new hires and re-hires, as set forth in Section X, below.

SECTION V – FINDINGS OF MEDICAL EXAMINATION:

(a) Job Applicants. Subject to paragraph (c), if a job applicant fails to pass a medical examination following a conditional job offer, the conditional job offer shall be withdrawn.

(b) Promotional or Transfer Candidates. Subject to paragraph (c), if an existing employee fails to pass a medical evaluation following a conditional offer of a promotion or transfer, the City will assign duties consistent with the medical examination. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible.

(c) If the job applicant or candidate for promotion or transfer is a qualified individual with a disability under the Americans with Disabilities Act ("ADA") or California Fair Employment and Housing Act ("FEHA"), the City will engage in an interactive process with the job applicant or candidate, and consider any request for reasonable accommodation by the job applicant or candidate consistent with the requirements of the ADA and/or FEHA.

(1) Job Applicants. Following the results of the medical examination and the interactive process, the conditional offer of employment will be withdrawn if the City determines that the applicant cannot be reasonably accommodated and/or would pose a direct threat to his/her own safety and/or the safety of others.

(2) Promotional or Transfer Candidates. Following the results of the medical examination and the interactive process, the conditional offer of the promotion or transfer shall be withdrawn if the City determines that the employee cannot be reasonably accommodated in the promotional or transfer position or would pose a direct threat to his/her own safety and/or the safety of others. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

SECTION VI – ABSENCE DUE TO ILLNESS OR INCAPACITY: Any employee who returns to work after an absence in excess of three consecutive work shifts due to illness or incapacity may be required by the Personnel Officer to undergo a medical examination. Any employee who fails to pass a medical evaluation upon return from an absence in excess of three consecutive work shifts may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability or retirement, or terminated.

SECTION VII – FITNESS FOR DUTY: The Personnel Officer may require that an employee undergo a fitness for duty examination at a City-designated facility based on specific facts and circumstances leading to the reasonable conclusion that such employee is not able to perform the essential functions of his/her position and/or that he/she may pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public.

SECTION VII – QUALIFIED PHYSICIAN: All medical examinations required under the provisions of this Rule shall be performed by a City-designated physician, psychologist, psychiatrist or other health care professional, in active practice licensed by the State of California and within the scope of his/her practice as defined by California law. In the case of out-of-state candidates for employment, the physician or other health care professional performing the medical examination may be licensed by the state in which the candidate resides.

SECTION VIII – CITY FINANCIAL RESPONSIBILITY: The City shall pay for any medical examination required under the provisions of this Rule.

SECTION IX – CONFIDENTIALITY: The results of the medical examination will be kept confidential, on separate forms and in separate medical files, and shall be reviewed only to assess whether the applicant or employee has the ability to perform the functions of the job, with or without reasonable accommodation; or whether the employee may pose a direct threat to himself/herself and/or to others.

SECTION X – PRE-EMPLOYMENT DRUG AND ALCOHOL TESTING: The City is committed to providing a safe, effective and productive work force, and to comply with the Drug-Free Workplace Act of 1988. All new hires and re-hires are required to submit to pre-employment drug and alcohol testing as a condition of employment, in accordance with this section.

(a) No job applicant will be asked to submit to drug or alcohol testing unless an offer of employment has been made. An offer of employment will be conditioned upon the job applicant testing negative for drugs and alcohol.

(b) The City’s drug and alcohol testing policy will comply with all applicable provisions of federal and state law, including but not limited to, confidentiality, privacy and testing methodology.

(c) The City shall pay for any pre-employment drug and alcohol testing required under this section.

SECTION XI – NONDISCRIMINATION: All medical examinations shall be undertaken in accordance with the ADA and the FEHA, with respect to job applicants and employees with disabilities. The City does not discriminate against job applicants or employees on the basis of disability."

RESOLUTION NO. 2004 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2002-06 AND ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES.

 

WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and,

WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,

WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and,

WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: Approves and establishes the Management Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof.

PASSED, APPROVED and ADOPTED on October 19, 2004.

MAYOR

ATTEST:

 

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004-; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 19, 2004.

 

City Clerk

Exhibit A

The proposed New Rule for Management Employee Personnel Rules:

"RULE XII

MEDICAL EXAMINATION PROCEDURES

SECTION I – MEDICAL EXAMINATION: Any employee may be required to undergo a medical examination at a time designated by the Personnel Officer.

SECTION II – NEW HIRES OR RE-HIRES: In order to be eligible for employment or re-employment with the City, a job applicant shall be required to undergo a medical examination at a City-designated medical facility to determine whether the applicant is capable of performing the essential functions required of the position and can meet the standards established by the Personnel Officer.

SECTION III – PROMOTION OR TRANSFER: In order to be eligible for a promotion or a transfer to a job classification in a category requiring greater physical qualifications than his/her present job classification, an employee may be required to undergo the same pre-employment medical examination as a new hire or re-hire at a City-designated medical facility to determine whether the candidate is capable of performing the essential functions required of the promotional or transfer position and can meet the standards established by the Personnel Officer

SECTION IV – PROCEDURE:

(a) All medical examinations shall be job-related and consistent with business necessity.

(b) The medical examination of a job applicant will occur only after a conditional offer of employment is made and where all entering employees in the same classification are subject to the same examination.

(c) The medical examination of an existing employee seeking a promotion or transfer will occur only after a conditional offer of promotion or transfer is made and where all new entering employees in the same classification are subject to the same examination.

(d) Pre-employment tests for illegal drugs and alcohol may be administered in conjunction with a medical examination for new hires and re-hires, as set forth in Section X, below.

SECTION V – FINDINGS OF MEDICAL EXAMINATION:

(a) Job Applicants. Subject to paragraph (c), if a job applicant fails to pass a medical examination following a conditional job offer, the conditional job offer shall be withdrawn.

(b) Promotional or Transfer Candidates. Subject to paragraph (c), if an existing employee fails to pass a medical evaluation following a conditional offer of a promotion or transfer, the City will assign duties consistent with the medical examination. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible.

(c) If the job applicant or candidate for promotion or transfer is a qualified individual with a disability under the Americans with Disabilities Act ("ADA") or California Fair Employment and Housing Act ("FEHA"), the City will engage in an interactive process with the job applicant or candidate, and consider any request for reasonable accommodation by the job applicant or candidate consistent with the requirements of the ADA and/or FEHA.

(1) Job Applicants. Following the results of the medical examination and the interactive process, the conditional offer of employment will be withdrawn if the City determines that the applicant cannot be reasonably accommodated and/or would pose a direct threat to his/her own safety and/or the safety of others.

(2) Promotional or Transfer Candidates. Following the results of the medical examination and the interactive process, the conditional offer of the promotion or transfer shall be withdrawn if the City determines that the employee cannot be reasonably accommodated in the promotional or transfer position or would pose a direct threat to his/her own safety and/or the safety of others. If no appropriate position is vacant, such employee shall be recommended for disability or retirement if he/she is eligible, or terminated.

SECTION VI – ABSENCE DUE TO ILLNESS OR INCAPACITY: Any employee who returns to work after an absence in excess of three consecutive work shifts due to illness or incapacity may be required by the Personnel Officer to undergo a medical examination. Any employee who fails to pass a medical evaluation upon return from an absence in excess of three consecutive work shifts may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability or retirement, or terminated.

SECTION VII – FITNESS FOR DUTY: The Personnel Officer may require that an employee undergo a fitness for duty examination at a City-designated facility based on specific facts and circumstances leading to the reasonable conclusion that such employee is not able to perform the essential functions of his/her position and/or that he/she may pose a direct threat to himself/herself, to his/her fellow employees and/or to members of the public.

SECTION VII – QUALIFIED PHYSICIAN: All medical examinations required under the provisions of this Rule shall be performed by a City-designated physician, psychologist, psychiatrist or other health care professional, in active practice licensed by the State of California and within the scope of his/her practice as defined by California law. In the case of out-of-state candidates for employment, the physician or other health care professional performing the medical examination may be licensed by the state in which the candidate resides.

SECTION VIII – CITY FINANCIAL RESPONSIBILITY: The City shall pay for any medical examination required under the provisions of this Rule.

SECTION IX – CONFIDENTIALITY: The results of the medical examination will be kept confidential, on separate forms and in separate medical files, and shall be reviewed only to assess whether the applicant or employee has the ability to perform the functions of the job, with or without reasonable accommodation; or whether the employee may pose a direct threat to himself/herself and/or to others.

SECTION X – PRE-EMPLOYMENT DRUG AND ALCOHOL TESTING: The City is committed to providing a safe, effective and productive work force, and to comply with the Drug-Free Workplace Act of 1988. All new hires and re-hires are required to submit to pre-employment drug and alcohol testing as a condition of employment, in accordance with this section.

(a) No job applicant will be asked to submit to drug or alcohol testing unless an offer of employment has been made. An offer of employment will be conditioned upon the job applicant testing negative for drugs and alcohol.

(b) The City’s drug and alcohol testing policy will comply with all applicable provisions of federal and state law, including but not limited to, confidentiality, privacy and testing methodology.

(c) The City shall pay for any pre-employment drug and alcohol testing required under this section.

SECTION XI – NONDISCRIMINATION: All medical examinations shall be undertaken in accordance with the ADA and the FEHA, with respect to job applicants and employees with disabilities. The City does not discriminate against job applicants or employees on the basis of disability."