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72 Cards in this Set

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What is the cities general policy in regards to discrimination and harassement

to promote and maintain a work environ. free of illegal discrimination and harassment in employment
What are 3 ways you can be discriminated against?
1. basing an employment decision affecting a job applicant or employment (decision to hire, promote,transfer,terminate etc.) on ones protected status(race, color relegion, sex, etc)
2. treating and applicant or employee differently with regard to any aspect of employment because of his or her protected status
3. taking adverse employment action against an employee based on the employee opposing discrimination and/or harassment in the work place,assisting, supporting or associating with a memger of a protected status who complains about discrimination and/or harassment, or assisting in an investigation of discrimination and or harassment..
What is discrimination?
any pratice,process or action in the work place which works against equality of opportunity and against the ability of each person to be employed and to advance on the basis of merit without regar of the following
Race,
color,
Religion(relegious crede),
national origin,
ancesory,
age(over40),
sex (sex,gender, pregancy child birth or related medical problems),
sexual orientation,
marital status
Disability(physical, mental including HIV and AIDS)
Medical condition(cancer/genetic)
actual or perceived gender identity
What is harassment?
the existance of the following:
1. conduct that is based on the protected catagory/status
2. conduct that is unwelcome
3. workplace harm that
-creates a hostle work environment
-resultsfrom a tangible employment action(quid pro quo)
Name 3 forms of harassment?
Visual
Verbal
Physical
What is sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicity or implicity affects an individuals employment, unreasonably interfers with and individules work preformance, or creates and intimidating, hostile or offensive work environment.
What 3 froms of harassment can contitute a hostile work envronment?
Visual
Verbal
physical
What is Quid Pro Quo harassment?
"this for that" It can occurwhen submission to or rejection of such conduct by an individual is used an the basis for employment decisions affecting that individual, such promotion,raise,hiring or performance appraisals.
In a consensual sexual or romantic relationship who has the primary burden of accountability?
The person in the higher level. The person at the higher level must ensure that they do not exercise and supervisory or evaluation functions on the person in the relationship. The higher person must also notify his or her supervisor so that they can evaluate the adequacy of alternative supervisory arrangements
What could happen to supervisor who know of or should have know of harassment/discrimination and do not report it or fail to take action?
They are sunject to disipline up to and including termination.
What are the department directors responsible for?
1. Assisting the director of employee relations in desseminating the harass/discrim policy.
2. contact office of employee relations immediately upon receiving a complaint or notification that a complaint has been filed with the EEOC or DEFH or when aware of a situation involving H/D
3. coordinating and cooperating with the Director of employee relations in resolving the complaint by:
1. taking remesdial action
2. protect the complaintant from further H/D
3. Protect complaintant from retailation.
4. Take action to remedy the effect of D/H.
What is EEOC?
Federal Equal Opportunity Comission
What is DFEH?
CA Dept. of Fair Employment and Housing
Who an you file a H/D complaint with?
1. A supervisor
2. A dept director
3. Office of employee relations
4. EEOC
5. DFEH
Complaints which involve Council offices can be file with who?
The council member or city attorney
Compalint involving council employees (city manager, Auditor, Police auditor, city clerk are made to who?
mayor
Complaints about outside vendors are file with who?
office of employee relations
What is your supervisor to do when a H/D complaint is filed?
Contact the Dept director and/or office of employee relations immediately.
What is dept director do with H/D
Contact office of employee relations immediately
What info shall the dept director or director of employee relations get?
1.Date,time, place of incident
2. nature
3. person or persons against allegations are made
4. witnesses
5. preferred remedy
6. other info revelent to investigation
7. coordiante with D of Empl Relat. from point of complaint is resolved.
Who will asume lead role in H/D investigation?
Director of employee relations
Director of employee relations or dept director will?
1 Determine factual findings
2. prepare written report with findings and if allgations are substanciated or not
3. forward copies to director of employee relations
4. determine if disciplinary actions required
5. forward letter of dertemination to complainant
6. coordiante with city attorny office for corrective/disciplinary action
7. implement correct/disp action
8.close case
What if complaintant is dissatisified?
Consider contacting DFEH EEOC or private attorney
Under nepotism policy who are considered immediately family?
Blood- parent, child, grand parents, siblings, aunts, uncles, great grand.
Marrage- Husband/wife, step parents, step child, inlaws, half siblings
By law - guardianship or adoptive relations
Domestic partners- as registered with the employee services dept and/or state
Nepotism policy says
No employee shall appoint, employ or participate in a hiring decision involving any person within the immediate family, nor use ther position to influence another city employee to hire a member of there family..
Under the non-retaliation policy what is a protected activity?
1. making or filing an internal complaint with the city on alleged violations of policy or laws.
2. providing informal notice the city regarding violation of policies and laws,
3. participating in investigations and in court/admin hearing frgarding alleged violations of policies and laws
4. filing a complaint
5. disclosing info to government or law enforcement where an employee has reasonable cause to believe that the info discloses a violation of laws, rules or regulations
6. participating or cooperating with enfrocement agencies that is investigating the city regarding unlawful acts
7. reporting conflicts of interest, dishonesty, or unethical conduct
8. calling "whistleblower hotline"
9. associating with another employee who is engaged in any protected activity.
What are "adverse employment action" under the non retaliation policy?
1. real or implied threats of intimidation to attempt or pervent an individual fro reporting alleged wrong doing or because of protected activity.
2. denying promotion brcause of a protected activity
3. taking any from of disciplinary action because of protected activity
4. extending probation
5. altering work schedules or work assignments.
What gifts are acceptable under the gift policy?
1. Gifts worth a value of less that $50 in a calender year.
2. Information material- books, reports, phamplets, calenders
3. Hospitality- fooddrinks at a persons primary residence
4. reciprocal gifts - holidays, baby showers, weddings
5. Panels and seminars- if the person is speaking or doing a presentation, you can get free admision, food, drinks and reimbursement for mileage and accomdoations
6. Admission to sponsored events- ceremonial, political, comminity functions, cultural. Not regular sport events
7. Employment interview (government)- transport, accommodations, food related to expences, when the interview is within 150 miles of SJ.
8. Employee interview (private employer) same as above, but the employee can not have made a govenmental decision materially affecting the financial interset of one potential employer during the 12 months immediately proceding.
9. Authorized travel
10.city or redevelopment agency business- transportation not more that 125miles
11. Flowers
12. prizes and awards from a bona fide competition
13 wedding gifts.
What is the approval criteria for outside work permit?
1. Is not detrimental to city
2. will not impede the effcient performance of the employees assigned duties.
3. will not create a conflict of interest
How many days do you have to appeal denial of or restrictions to the outside work permit?
10 day to appeal to the commission and the commission decision is binding.
How often do you have to renew outside WP?
every year, they can be set to expire on Dec.31 or they can be set for you year from approval date.
When are outside WP's automatically suspended?
on disability and new one will ben need upon returning.
Give 6 examples of threats or acts of Violence?
1. threat or actual physical agressive contact
2. threat or actual destruction of city or individules property including sabotage.
3. Harassing or threathing phone calls, email,fax(harassment in natureother than that related to threats or acts of physical violence, such as sexual
4. Possession,use,threat of use,orbrandish of a gun, knofe or weapon.
5. veiled threats of physical harm or intimidation
What are the emergency procedures for work place violence?( for employee)
1. ensure safety
2. call *111from city phone or 911 from outside
What are the emergency procedures for work place violence? (for dept director)
1. Immediately contact ofgfice of employee services
2. direct staff to secure entrances, re-route office traffis and other appropiate steps
3. when appropiate OER will coordinate with PD and other emerg responders
4. Coordinate with OER to determine appropiate leave polcies and procedures to be followed inexecuting a plan of action fro impacted employees
5. exercise athority to grant immediately and temp leave if the director or employee relations is not available
6. Maintain lines of communication on a need to know basis to minimize misinfo, panic and confusion.
In a non emergency situation of work place violence, what info and time frame is need for report to dept director
time, date, who, when, and what transpited etc.. w/i 24 hours. copy sent to OER.
Under the drug free policy. City employees that receive federal funds must do what.
1. Must make notification to there dept.director no later than 5 days after conviction
2. The director must notify the federal grant agency within 10 days and provide a copy to OER
3. Within 30 days the city will take appropiate disciplinary action and require the employee to attend initial screening sessions with EAP
Under the substance abuse program what happens for 1st offense?
1. formal madatory referal to EAP, disciplinary action may be imposed, a written record will be maintained in restricted confidential file. ( a employee refusing EAP may be subject to disciplinary actions independent of any other mis conduct.)
On the 1st offense for subsatance is the treatment voluntary and how much is is?
Yes it is voluntary and employee is responsible for 30%
What happens on 2nd offense?
A second treatment opportunity my be offered. discipline including termination may be imposed. The employee is responsible for all costs of treatment.
In what ways is treatment available to employees?
Self referral, Formal referrals, Positive drug test, settlement of a proposed discipline.
ETOH level will be reported as positive at what level?
0.04g
When is a treatment program for substance considered ended?
when the 3 components are complete 1. inpatient or outpatient Tx or combo of both
2. treatment after care
3. EAP case management for up to a year following tx.
When will tx be covered?
If EAP provided tx.
Name the 3 sets of procedures (tracks) for initiating chemical dependency Tx.
A. Assessment at EAP and referral Tx facility. no more than 2 unexcused absences
B. Emergency Admission to Tx. facility ( EAP will visit within 48hours)
C. Second Tx.
City Electronic email shall be purged on a mininum of how many days basis?
90
The following policied are applicable to download info on city computers.
1.for city worked related info only
2. Attachemnts should be scaned for viruses
3. large files should be down loaded after hours because it may slow down the network.
What is the cost of personal calls on a city cell?>
You must reimberse the city at a rate of.06 cents or the actual cost, which ever is greater.
What if your cell bill is less that $1.00?
The user is not be required to to reimburse, but if the bill is for personal use you may recieve discipline.
within How may days is your city cell bill due?
10 days, if no reimbersement is due user shall sign the "statement of no necessary" portion of the Cell Phone Reimbursement Form.
What is the current cell phone stipend?
What about the Data plan?
$35/mo -- $40/mo.
What are the 3 types of city vehicles?
Transport, Special purpose and police/fire
Drives must possess what?
Valid CDL and city drives permit issued by city safety officer.
What are the mininum utilization standards for vehicles?
Sedans = 9K miles
light trucks= 11K
What are the 2 sources of transport vehicles for employees?
Work shift basis and Occasional basis
How much time does a normal employee have to report a accident?
no less that 24 hours )or 48 if it occurs on a weekend. to employees immediate sup and Fleet Mgt Division.
What is the procedure for reporting a accident is a city vehicle?
1. Stop immediately and render 1st aid
2. Call the police, tell the police this accident involved a city vehicle.
3. do not make or sign any statemnts for anyone except police.
4. Prepare accident report and give to supervisor.

Fire dept reporting is similar, but different.
What is the procedure for FD accident reporting?

Not in Key city policys
1. render 1st aid
2.Notify communications request notification to Immediate supervisor>BC>Div chief/deputy chief
Dept SO
Responsible PD
City attorny if serious injuries
3. Record Make, model license # of vehicles
4. Secure the Identify drives, passangers and witnesses
5. Make only brief factual statemnts to PD. do not volunteer info
6. Do not make oral or written statements to others.
What are the 2 divisions of Discipline?
Formal and informal
3 forms of Informal discipline
are?
Counseling
Documented Oral counseling
Written reprimand/letter of reprimand
What are the 4 formal discipline?
Salary step reduction
Suspension
Demotion
Dismissal
After how much time can a should a DOC can it be removed form the employee supervisors file?
6mo, if no problems. Does not go into employees perminate personnel file/
What is the difference between a DOC and LOR/written reprimand? How much time to rebutt
The LOR/written reprimand is placed in the employees perminate personnel file.

30 days
What are the procedures for Formal discipline?
1. Investigate/Documentation
2. Recommended Discipline
3. Notice of intended Discipline
4. Skelly Conference
5. Notice of discipline
6. Civil service commission appeal
How much time do you have to request a Skelly Conference once you get a NOID?
5 days
What doen the Notice of Intended Discipline(NIOD) say?
Causes for Discipline, potential effective date, and the reccommended action and a copy of ther materials upon which the action is based.
After the Skelly conference what 4 things can the city do?
1. Impose the proposed disp action
2. impose a lesser action
3. enter into a settlement agreement
4. not impose any discipline
What must you be give prior to discipline action occurs and after NOID?
Notice of Discipline
After the NOD how much time do you have to appeal to the Civil service commission
20 days However the discipline still takes effect on the date indicated on the NOD. Appeal to the civil service does not stop it.
Who is the civil service comission made up of and how soon must it start?
5 members appointed by the City Council and must be scheduled within 45 days or athurize an extension
What will the civil service comission do?
Conduct a hearing
Decide a a appeal on a majority vote basis
What can the civil service deternine?
1. Sustain/uphold the discipline
2. Modify by reducing (they can not increase)
3. Overturn (revoke entirely)