Monterey Municipal Code Art. 3 Policies Governing Employment and Working Conditions

No recruitment, examination or personnel transaction shall be influenced in any manner by consideration of: race, sex, sexual orientation, color, marital status, ancestry, national origin, age (40 years and over), disability, or political or religious opinion or affiliation, unless determined to be a bona fide occupational requirement or in meeting the Affirmative Action Program goals of the City through outreach in the recruitment process. (Ord. 3328, 2003)

a. Purpose.The Affirmative Action Program is to ensure equal employment opportunity for all persons consistent with the provisions of this document, Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, the California Fair Employment Practice Act as amended in 1974, the Americans with Disabilities Act and other such federal, state and municipal statutory provisions as apply.

b. Scope.The scope of the City’s Affirmative Action Program shall include the traditional areas of public personnel management such as recruitment, selection, training, advancement and other areas that would assist in the creation of a work environment conducive to equal employment opportunity.

c. Policy.It shall be the policy of the City to positively pursue the goal of equal employment through an Affirmative Action Program. The basic goal of the program is to ensure that discrimination will not occur against any applicant for employment or employee because of sex, sexual orientation, race, color, religion, national origin, ancestry, age (40 years and over), marital status, or disability which would not hamper job performance, by ensuring that treatment will be on the basis of merit, efficiency and effectiveness as determined by competitive procedures. (Ord. 3328, 2003)

(Ord 3416, 2008)

a. Policy.The City of Monterey is committed to providing a work environment that is free of discrimination, harassment, abusive conduct/bullying, and retaliation and will take all reasonable steps to prevent discrimination, harassment, abusive conduct/bullying and retaliation from occurring. This rule describes the City regulations designed to achieve this goal.

The City will not tolerate or condone discrimination, harassment, bullying/abusive conduct or retaliation prohibited by law, or as defined by this policy, of employees, applicants, unpaid interns, and volunteers, by any persons, including supervisors, coworkers, and third parties. This policy prohibits retaliation against individuals who report a violation of this policy or who assist in the City’s investigation of a complaint made under this policy. The City will take disciplinary action, up to and including termination, against an employee who violates this policy.

b. Protected Class Categories.Protected class categories under federal, state, or local law include race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), gender, gender identity, gender expression, age, sexual orientation, and/or military and veteran status.

c. Prohibited Conduct.

1. Quid Pro Quo.Quid pro quo is one form of sexual harassment. Quid pro quo occurs when: (a) an employee is subject to unwelcome sexual advances, conduct, or comments by a supervisor or other authority over the employee; (b) the harassment is based upon sex; and (c) the employee’s reaction to the complained of harassment affects tangible aspects of the employee’s compensation, terms, conditions, or privileges of employment or negatively impacts the employee’s ability to perform their job.

2. Hostile Work Environment--Harassment and Discrimination.A work environment is unlawfully hostile if an employee is subjected to unwanted harassing or discriminatory conduct associated with a person’s protected class status. The City has a zero-tolerance policy for harassing or discriminatory conduct and may discipline an employee for engaging in any type of harassment, including harassment that does not rise to the level of severe or pervasive. Employees are also protected from the creation of a hostile work environment based on witnessing such harassing or discriminatory conduct, even if the employee is not personally subjected to it.

While it is not possible to list all those circumstances that may constitute a hostile work environment based on discrimination or harassment, the following are some examples of conduct prohibited under the City’s policy:

a.Verbal conduct – such as threats, epithets, derogatory comments based on a protected class status; derogatory or suggestive comments about a person’s body or dress; cursing, swearing, or slurs made based on a person’s protected class; unwanted sexual advances, invitations, sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, emails, invitations, or jokes.

b.Physical conduct – such as assault, unwanted touching, impeding or blocking movement, and/or physical interference with normal work or movement made on the basis of a person’s protected class status.

c.Visual conduct – making derogatory gestures; leering; or displaying derogatory posters, photographs, videos, notices, bulletins, cartoons, emails, drawings, or other harassing depictions on the basis of a person’s protected class status.

d.Sexual favoritism – favoritism or preferential treatment in the terms and conditions of employment on the basis of sexual conduct, sexual attraction, appearance, and/or physical characteristics or attributes.

In addition to the examples above, a hostile work environment can arise from alienating employees based on a protected class status, such as giving employees the silent treatment, or unreasonably refusing to make eye contact or to acknowledge an employee. Hostile work environment can also arise for unreasonably criticizing an employee’s work performance based on perceived or known protected class status.

3. Retaliation.Retaliation is taking adverse employment action against any employee for engaging in protected activity. Protected activity may include, but is not limited to, any of the following:

a.Reporting any incidents of harassment or discrimination, or perceived discrimination, harassment, or abusive conduct/bullying;

b.Participating in any investigation relating to a complaint of discrimination, harassment, or abusive conduct/bullying;

c.Filing a complaint with a federal or state agency;

d.Participating in or cooperating with a federal or state enforcement agency that is investigating alleged unlawful activity, discrimination, harassment, or abusive conduct/bullying;

e.Testifying as a party or witness regarding alleged unlawful activity, discrimination, harassment, or abusive conduct/bullying;

f.Associating with another employee who is engaged in a protected activity;

g.Making or filing a complaint regarding alleged unlawful activity, discrimination, harassment, or abusive conduct/bullying; or

h.Calling a governmental agency’s (such as DFEH or EEOC) “whistleblower hotline.”

Adverse action may include, but is not limited to, any of the following:

a.Real or implied threats of intimidation to attempt to or prevent an individual from reporting alleged wrongdoing;

b.Refusing to hire an individual because of protected activity;

c.Denying promotion to an individual because of protected activity;

d.Taking any form of disciplinary action because of protected activity; or

e.Altering work schedules or work assignments because of protected activity.

An employee is protected from retaliation even if the allegations complained of are found not to be a violation of this policy.

4. Abusive Conduct / Bullying.In addition to prohibited harassment and discrimination based on protected class status, the City is committed to protecting its employees from abusive conduct/bullying. Abusive conduct/bullying means, as defined in Government Code Section 12950.1, as may be amended from time to time, “…conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.” Abusive conduct/bullying may occur in, but is not limited to, the following forms:

a.Verbal behavior, which may include written or email communications, ridiculing or maligning a person or his/her family; persistent name calling which is hurtful, insulting or humiliating; using a person as the target of jokes; abusive and offensive remarks;

b.Physical behavior, such as pushing, shoving, kicking, poking, tripping, assaulting, or threatening physical assault; or damaging a person’s work area or property;

c.Gestures, such as nonverbal, threatening or insulting movements or excessive staring; and

d.Exclusion, such as socially or physically excluding or isolating a person from work-related activities.

d. Reporting Discrimination, Harassment, Abusive Conduct/Bullying or Retaliation.Any City employee, applicant, unpaid intern, volunteer, and independent contractor who becomes aware of any discrimination, harassment, or retaliation prohibited by this policy shall report it immediately to the employee’s supervisor, department head or Human Resources Director.

Reports may be made orally or in writing, free of requirements as to form; however, the City requests that a complaint be as detailed as possible and include the names of individuals involved and names of any witnesses, and a list of the allegations determined by the employee to violate this policy, including direct quotations, as much as possible, when language is relevant.

Supervisors receiving reports under this policy must report it immediately to the department head or Human Resources Director.

All employees are responsible for reporting conduct prohibited by this policy. The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false complaint may subject the maker to disciplinary action. Employees, however, will not be disciplined for making a complaint under this policy that is not found to be a violation of this policy so long as the employee did not deliberately make a false complaint.

Under no circumstances will a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report. Under those circumstances, the employee may also report pursuant to the following procedures:

1. Complaint Regarding Department Head (Other than City Manager, City Attorney, or Human Resources Director).Any time a department head is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying, or retaliation under the definitions of this policy, the complaint shall be made to the Human Resources Director who shall investigate the complaint and make a recommendation for the disposition of the complaint to the City Manager, or to the Board of Library Trustees if the complaint concerns the Library Director.

2. Complaint Regarding City Manager/City Attorney.Any time the City Manager or City Attorney is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying or retaliation under the definitions of this policy, a complaint shall be made to the department head or Human Resources Director, who shall hire outside counsel to investigate the allegations. After the investigation, outside counsel will make a recommendation to the City Council regarding the disposition of the complaint.

3. Complaint Regarding Human Resources Director.Any time the Human Resources Director is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying or retaliation under the definitions of this policy, the complaint shall be made to the department head or Assistant City Manager, who shall assume the investigatory role and may delegate the duties described in subsection (e) to a private investigator or outside counsel, who shall make recommendations to the City Manager for the disposition of the complaint.

4. Complaint Regarding Member of Council, or Member of a Board, Committee or Commission.If a member of the City Council or a member of a City Board, Committee, or Commission is the accused perpetrator of an incident of discrimination, harassment, abusive conduct/bullying or retaliation under the definitions of this policy, the complaint shall be made to the City Attorney or Human Resources Director, who shall retain outside counsel to investigate the allegations and file a recommendation to the City Council for action on the complaint.

e. Investigation.The City will investigate all reported violations of this policy in a timely and impartial manner. The investigation must be prompt, full, and fair. Unless otherwise stated in subsection (d) of this section, Reporting Discrimination, Harassment, Abusive Conduct/Bullying or Retaliation, the Human Resources Director is responsible for administering the complaint procedure, conducting the investigation, documenting and tracking the progress of the investigation, and reporting the results to the City Manager. The Human Resources Director may delegate these duties to a qualified City employee, private investigator, or outside counsel.

The person performing the investigation shall, within a reasonable period of time:

1.Interview the complainant, the accused, and any other person the investigator believes to have knowledge relevant to the charges;

2.Gather and review any documentary, electronic, or physical evidence relevant to the charges;

3.Consult with legal counsel as needed;

4.Determine whether the charges can or cannot be substantiated; and

5.Develop recommendations for appropriate remedial and/or disciplinary action, if any.

The Human Resources Director is responsible for tracking the progress of the investigation. Upon completion of the investigation, the Human Resources Director shall communicate the results of the investigation to the City Manager, the complainant, the accused, and, as appropriate, all others directly concerned. All investigations will be closed in a timely manner.

The City will make a good faith effort to conclude the investigation within ninety (90) days. If the City is unable to complete the investigation within ninety (90) days, the Human Resources Director will issue a status letter to the complainant limited to the expected time line to complete the investigation. Thereafter a similar status letter will be issued by the Human Resources Director to the complainant every thirty (30) days until the investigation is completed.

Employees shall not be exposed to retaliation for participating in an investigation.

f. Corrective Action.If the City determines that prohibited discrimination, harassment, abusive conduct/bullying or retaliation has occurred, the City will take effective remedial action commensurate with the circumstances, up to and including termination. The City will also take appropriate action designed to deter any future discrimination, harassment, abusive conduct/bullying or retaliation.

g. Confidentiality.To the extent possible, reports of harassment, discrimination, abusive conduct/bullying or retaliation, the identification of the complainant and witnesses, investigatory process, and the disposition of the complaint shall be kept confidential to protect the privacy rights of the parties involved.

h. Alternative Complaint Handling.In addition to notifying the City about harassment, discrimination, abusive conduct/bullying or retaliation complaints, affected employees may also direct their complaints to the State of California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. There are time limits for filing complaints with these agencies. Employees are advised to contact these agencies directly to obtain information on the time limits for filing complaints with these agencies.

California Department of Fair Employment and Housing

1 (800) 233-3212

http://www.dfeh.ca.gov/

U.S. Equal Employment Opportunity Commission

1 (800) 669-4000

http://www.eeoc.gov/ (Ord. 3706 § 3, 2025; Ord. 3653 §§ 9, 10, 2022; Ord. 3578 § 2, 2018)

a.The City is committed to providing a work environment that is safe, healthy and free of any adverse effects caused by alcohol or controlled substances. City employees shall not be permitted to possess, distribute, or use alcohol or controlled substances while on duty for the City while on City property, or using City equipment; and City employees are not permitted to perform services and/or operate motor vehicles while under the influence of those substances. Consumption of alcohol or controlled substances at rest or meal breaks prior to returning or going to work shall be prohibited.

b.For the purpose of enforcing this policy and maintaining an alcohol, drug, and controlled substance-free work place, the City reserves the right to search all work areas and property in which the City maintains full or joint control with the employee, including, but not limited to, City vehicles, desks, lockers, file cabinets, and bookshelves. Such searches may be conducted when the City has reasonable grounds to conclude that there has been a violation of this section.

The employee shall be given notice prior to such a search in such a manner that the employee is provided knowledge of the intended search, but not the opportunity to remove items and materials present in the area to be searched. The employee may be present during the search, but the employee’s presence is not required for the search to occur. If the employee wishes to be present during the search, the employee cannot be denied the opportunity to be present, provided, however, that the City will determine the time of the search with or without the employee’s concurrence.

c.If a department head has reason to suspect that an employee is under the influence of alcohol or a controlled substance while in the workplace or subject to duty, the employee may be required to submit to a drug and alcohol analysis provided at the City’s expense.

d. Exceptions to this Policy.

1.Prescription drugs used in compliance with a doctor’s instructions.

2.Performance of normal job duties and responsibilities requiring limited use of alcohol as directed by assignment or detail shall not result in an employee being in violation of this policy.

3.During special, infrequent occasions, consumption of alcoholic beverages may be allowed on City property, while an employee is on duty for the City, or while using City equipment, but only upon specific prior authorization from the City Manager.

4.An employee who resides on City-owned property is excepted from provisions of this policy for off-duty circumstances that would be considered appropriate or legal if the employee’s residence were on private property.

a.Employees, including exempt employees, of the City are prohibited from:

1.Engaging in or having any interest in any business or transaction, or incurring any obligation which conflicts with or impairs, their independent judgment in the discharge of their official duties.

2.Accepting money, favors or other considerations, except as paid them by the City of Monterey, for work they would be required or expected to perform in the regular course of their duties. Awards or recognition bestowed upon an employee, by community or professional organizations may be accepted.

3.Accepting, directly or indirectly, any gift, rebate, money, or anything else of value whatsoever from any person or entity if the gift, rebate, money or item of value is intended as a reward or inducement for conducting business, placing orders with, or otherwise using the employee’s position to favor the contributor. Awards and promotional items of nominal value, such as calendars, pens, balloons, etc., shall not constitute a gift if received as a non-personal item by the exempt or classified employee, and the item is distributed to customers or potential customers routinely by the contributor. The intent of this section is not to prohibit gifts or awards that are given to an exempt or classified employee where no business relation exists. A business relationship is defined as a relationship where the employee, by their actions or position, can affect or be perceived as affecting, the conduct of business in favor of the gift giver.

4.Disclosing confidential information acquired by or made available to them in the course of their employment with the City, or using such information for speculation or personal gain.

b.It is the employee’s responsibility to disclose and report all potential conflict of interest situations to the employee’s supervisor, department head or the City Manager.

c.Employees required to file conflict of interest forms shall do so in accordance with the City Resolution designating those City classifications which must file and in accordance with State law. Generally, employees who must file conflict of interest forms hold positions with the City in which their decisions or direct advice to decision makers could influence their personal financial gain, either directly or indirectly.

a.City employees, including exempt employees, need to recognize that the City of Monterey is their primary employer. City employees shall not engage in any other employment, business or undertaking which conflicts with their City employment, or with the following rules:

1.City employees shall not use their position, badge, uniform, prestige or influence within the City to enhance or promote any private enterprise.

2.City employees shall not conduct any work or activities pertaining to their outside employment during their working hours within the City.

3.No City employee shall be or become involved in any private business or service which will render that employee less efficient in their performance of their City duties. (Ord. 3273, 2000)

4.City employees shall not use any City equipment or facilities without the permission of and, when appropriate, just compensation to the City.

5.No two City employees who have a supervisor/subordinate relationship within the City may engage in any ongoing business or partnership in outside employment.

6.No City employee engaged in outside employment shall hold the City responsible for any worker’s compensation claims incurred in outside employment.

7.Outside employment shall adhere to Rule 3.05 Conflict of Interest.

8.City employees who engage in outside work shall complete and submit an outside work registration form to the department head under any of the following circumstances:

a.Prior to engaging in any outside work that involves working more than twenty percent (20%) of the employee’s regularly scheduled work week with the City, or

b.Prior to engaging in any outside work that occurs during three (3) or more calendar months in a calendar year, or

c.When there is any change in status of outside work that has been previously approved or that at any time meets either of the above conditions.

Volunteer work does not require the completion of an outside work registration form. Ord. 3273, 1/00

9.The department head has the authority to grant approval for outside work. In granting approval, the department head may impose terms and conditions.

10.If a department head finds a conflict with City employment, or imposes terms and conditions on outside work, he/she shall meet with the employee to discuss the conflict. If the conflict cannot be resolved with the employee, the employee and department head may meet with the Human Resources Director (Ord 3385; 02/07) for an appeal. If the conflict cannot be resolved, a final appeal may be made to the City Manager or designee whose decision will be final.

11.Outside work status shall be reviewed annually at an appropriate time as determined by the employee’s department head. Ord. 3273, 1/00

The political activities of City employees shall be governed by the provisions of applicable state and federal law, and by the City Charter.

a.It is the policy of the City of Monterey to not discriminate in its employment and personnel actions with respect to its employees and applicants on the basis of marital or registered domestic partner status. Notwithstanding this policy, the City of Monterey expressly finds that in specific circumstances the employment of relatives is contrary to appropriate goals of safety and efficiency. Thus, for reasons of supervision, safety, security and/or morale, the following restrictions shall apply.

b. Definitions.

1.“Employee” means any person who receives a City payroll check for services, full or part time, rendered to the City of Monterey.

2.“Immediate family member” means an individual’s spouse, registered domestic partner, parent, step-parent, parent-in-law, child, step-child, brother, sister, step-brother, and step-sister. The term “immediate family member” also includes an individual who falls within one (1) of these categories by an adoption or registered domestic partnership.

3.“Registered domestic partner” is as defined in California Family Code Section 297.

c.No active Councilmember or employee shall employ, appoint, recommend for appointment or in any other manner participate in or attempt to participate in the hiring, promotion, demotion, termination, discipline, or performance evaluation of any immediate family member.

d.In order to minimize operational concerns regarding supervision, safety, security or morale, immediate family members may only be employed within the same City department subject to approval of the department head, the Human Resources Director, and the City Manager or his/her designee, and the following additional conditions:

1.No employee shall be assigned as a direct supervisor of an immediate family member.

2.The City Manager, Assistant City Manager, Human Resources Director, and City Attorney may not have immediate family members employed in their respective department. This does not prohibit an immediate family member from performing unpaid volunteer duties for the City.

3.Immediate family members of Councilmembers may hold positions in the City except for the City Manager, City Attorney, or department head positions.

4.Immediate family members of the members of the Board of Library Trustees may hold positions in the City except for the Library Director position.

e.In order to minimize operational concerns regarding supervision, safety, security or morale, whenever the employment status of two (2) employees results in either (1) an immediate family member directly supervising another; or (2) the City Manager, Assistant City Manager, Human Resources Director, or City Attorney having an immediate family member employed in their respective department, the City will attempt to do any of the following:

1.Redefine the reporting relationships of the related employees within the department to minimize the conflict or, if that is not feasible, transfer one (1) immediate family member to a similar classified position in another division or department. Any discharge or transfer that results in a reduction in salary or compensation shall not be considered disciplinary in nature and, notwithstanding other provisions in the Personnel Ordinance, shall not be the subject of any form of administrative appeal.

2.In lieu of a departmental transfer, or in situations where no similar counterpart classification exists to which an immediate family member can be transferred, the City may request the voluntary resignation of one (1) of the employees. If one (1) of the employees does not voluntarily resign, the employee with the least seniority with the City may be discharged by the respective department head.

f.It is the duty of all employees in a situation prohibited under this section to immediately notify their supervisor either in person or through the chain of command that a situation exists in which the involved employee may be in violation of this section. The City reserves the right to investigate and determine whether the employee has violated this section. Employees who do not comply with any reporting obligation under this section may be subject to disciplinary action for their failure to report. Employees will have thirty (30) calendar days from the effective date of this section to report any situations that they are currently in to their supervisor(s) that would violate this policy. (Ord. 3653 § 11, 2022; Ord. 3569 § 2, 2017; Ord. 3385, 2007; Ord. 3273, 2000)