Remote Work Policy

Scope: CITYWIDE

Policy Contact

Human Resources Department

(916) 808-5731

humanresources@cityofsacramento.org

Table of Contents

1. Policy Statement ................................................................................................................ 2

2. Overall Obligation .............................................................................................................. 2

3. Eligibility ............................................................................................................................. 2

4. Requests to Participate ...................................................................................................... 3

5. Termination of Participation .............................................................................................. 4

6. Working Hours ................................................................................................................... 5

7. Worksite .............................................................................................................................. 6

8. Liability ............................................................................................................................... 6

9. Equipment and Supplies .................................................................................................... 7

10. Compensation .................................................................................................................... 8

11. Security of Confidential Information ................................................................................. 8

12. Policy Not Subject to Grievance or Appeal ...................................................................... 9

Charter Officer Review and Acknowledgement ..................................................................... 10

Supersedes:

Telework Policy (1999)

Reviewed/Effective:

December 2022

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1. Policy Statement

Remote work is a voluntary arrangement that allows eligible City of Sacramento

(City) employees to request to work remotely. Where approved, remote work is a

cooperative arrangement between employees, supervisors, and the City.

Remote work benefits employees, departments, and the community. Benefits

include:

a. Reduced employee fuel consumption, and environmental impact, and

improved air quality.

b. Reduced employee commute time and associated commute costs.

c. Improved employee morale and job satisfaction.

d. Potential for increased productivity.

e. Efficient use of city resources, including office space.

f. Recruitment and retention of highly qualified employees.

g. Greater flexibility for employees and departments.

h. Ability to function during an emergency when the physical city worksite is

inaccessible.

Remote work is a workplace strategy and an employee privilege. It is neither an

entitlement nor a vested right. Not all city employees perform work that will qualify

for remote work. An employee’s participation in remote work does not change their

duties, obligations, responsibilities, or other terms and conditions of city

employment.

2. Overall Obligation

While performing remote work, participating employees are obligated to comply

with all local, state, and federal laws, city policies, rules, regulations, applicable

labor agreements, the Civil Service Board Rules, the Employee Handbook, and

the City Charter, as amended. City documents are available for review and

reference on the City’s website. The violation of any of these may subject an

employee to discipline and may result in an employee’s removal from participation

in the remote working program.

3. Eligibility

Employee eligibility in the remote work program is at the sole discretion of the City.

The decision of the appointing authority or designee to deny an application for

remote work is final.

Options and eligibility for remote work will vary among specific job classifications

and department needs and requirements. A classification in one department may

be eligible for remote work where the same or similar classification in another

department is not. This may also apply to employees in the same classification

within the same department or division. Employee eligibility is dependent on

several factors, including but not limited to, training, skill, ability, knowledge,

performance, operational need, and project or job assignment.

Departments providing direct, public-facing customer services shall ensure that a

minimum complement of employees are on-site during normal business hours to

provide efficient operations and satisfactory customer service.

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Remote work is not an alternative to dependent care or an employee’s other

personal obligations and, when applicable, the remote worker must make

appropriate arrangements for dependent care.

Nothing in this policy shall limit a temporary arrangement between an employee

and their supervisor for occasional/non-recurring circumstances. For example, if

an employee becomes ill, the City may, at its sole discretion, permit the employee

to stay home and work remotely to mitigate the spread of illness to other

employees provided that the employee is still able to perform their job functions

and their position is suitable for remote work. Such limited arrangement shall not

necessitate a Remote Work Agreement or amendment to an existing Remote Work

Agreement provided the arrangement is not permanent in nature and does not

exceed a thirty (30) day period.

4. Requests to Participate

Employees may request to participate in the City’s remote work program by

submitting the “Remote Work Application” attached to this policy as “Appendix A”

through their chain of command.

General Eligibility

Subject to the appointing authority or designee’s authorization, to be eligible to

work remotely the employee must first meet the general eligibility requirements

below:

a. Be employed in a classification covered by a labor agreement which permits

remote work.

b. Be employed in a classification covered by the Unrepresented Resolution

(Unrep Reso) except that:

i. Employees in Unrep Unit 09 are ineligible for remote work

assignments.

c. A Remote Work Agreement is not required for employees in the following

categories. It is understood that these employees will be required to perform

City business when and where necessary.

i. Department Heads

ii. Elected Officials

iii. Appointed board members and commissioners

Position Eligibility

An employee’s position may be suitable for remote work when the job duties:

a. Are independent in nature and remote work will not negatively impact the

workload of others.

b. Do not require frequent in-person interaction at the employee’s physical city

worksite with supervisors, coworkers, customers, or the public.

c. Do not require the employee’s immediate presence at the physical city

worksite to address unscheduled events.

d. Are not essential to the management of on-site workflow.

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Employee Eligibility

Employees may be suitable for remote work when they have demonstrated, as

determined by the employee’s manager, or designee, to be:

a. Dependable and responsible.

b. Effective communicators with supervisors, coworkers, customers, and

members of the public.

c. Self-motivated, able to prioritize their workload, and capable of performing

work independently.

d. In possession of good organizational and time management skills.

e. Knowledgeable and possess a high level of skill of the job.

f. Have a satisfactory or better performance level with no current record of

negative performance or conduct issues.

Other considerations include, but are not limited to, the employee’s ability to create

a functional, reliable, safe, and secure remote workplace; the risk factors

associated with performing the employee’s job duties from a location separate from

the physical city worksite; the ability to measure the employee’s work performance

from a location separate from the physical city worksite; the employee’s

supervisory responsibilities; the ability to maintain effective working relationships;

and other considerations deemed necessary by the employee’s immediate

supervisor, manager, department head, and the Charter Officer/designee.

5. Termination of Participation

Remote work participation may be terminated by either the City or the employee

at any time.

Employee Requests to Terminate Participation

An employee may request to terminate their participation in the remote work

program by providing written notice to their manager or designee. Upon receipt of

the written notice, the remote work arrangement shall be terminated on a date

mutually acceptable to the City and the employee or, should there be no mutual

agreement, thirty (30) calendar days from the date of the written notice.

City Requests to Terminate Participation for Reasons other than for Performance

or Discipline

The City may request to terminate an employee’s participation in the remote work

program by providing written notice to the employee. Upon receipt of the written

notice, the remote work arrangement shall be terminated on a date mutually

acceptable to the City and the employee or, should there be no mutual agreement,

thirty (30) calendar days from the date of the written notice. The thirty (30) calendar

day notice applies only to an employee’s termination from participation in the

program and does not apply to the City’s ability to require an employee to report

to a physical city worksite(s) due to operational need(s).

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6. Performance or Disciplinary Recall

Performance or Discipline Related Termination of Participation

Employees failing to comply with all local, state, and federal laws, City policies,

rules, regulations, applicable labor agreements, the Civil Service Board Rules, the

Employee Handbook, and the City Charter, as amended, may be recalled from

participation in the remote work program.

Employees who are not upholding City obligations such as meeting acceptable

performance or conduct expectations and standards, as determined by the

supervisor/manager, may be recalled from the remote work program.

Employees on a Performance Improvement Plan (PIP) may be recalled from the

remote work program.

Participating employees recalled from the program for reasons related to

performance and/or discipline shall be required to report to their physical city

worksite.

The City shall endeavor, to provide forty-eight (48) hours’ advance notice to the

employee prior to a recall to the physical work location for the reasons related to

performance and/or discipline.

Prior to recalling a participating employee, the department shall notify Labor

Relations who will review and approve the facts and circumstances justifying the

recall.

7. Working Hours

Remote work schedules shall comply with the Fair Labor Standards Act (FLSA).

The remote work schedule will be arranged between the supervisor and the

employee. Participation in the remote work program does not constitute a schedule

change. Employees must request and receive approval prior to flexing or splitting

their remote work schedule. Such requests are voluntary in nature, must be in

writing, and if approved, shall not be subject to any schedule change penalties

contained in the labor agreement covering the employee’s classification.

Involuntary schedule changes are subject to the provisions of the employee’s labor

agreement. Management shall not change an employee’s schedule to avoid the

payment of overtime.

Nothing in this policy shall limit the ability of departments to require employees to

be present at physical worksites on a limited basis or hybrid model due to an

operational or business need.

Participating employees:

a. Must perform designated work during scheduled work hours.

b. Must take meal and rest breaks as if they were reporting to the physical city

worksite.

c. Must be available to report to a physical city worksite if directed to do so on

their scheduled workday. The City shall endeavor, to provide forty-eight (48)

hours’ advance notice to the employee.

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d. Must be available to the City via telephone, email, or other electronic means

during all scheduled work hours, except during authorized breaks.

e. Must account for and report time spent working remotely the same way they

would at the physical city worksite, or according to the terms of their remote

work agreement.

f. May work overtime only when directed or approved to do so in advance by

their supervisor.

g. Must obtain approval to use vacation, sick, or other paid leave in the same

manner as employees who do not work remotely.

h. Shall ensure dependent care will not interfere with work responsibilities.

i. Must inform their supervisor if they become ill during their shift and report

the hours worked and the sick leave hours used.

j. Remote workers shall, during online meetings, have their cameras turned

on, to the extent feasible. When on camera, employees shall present

themselves in a professional manner.

8. Worksite

Participating employees must work in an environment free of distractions so they

can focus and perform their duties safely and efficiently. Employees are

responsible for ensuring they have an adequate work area that meets guidelines

for workplace ergonomics, lighting, power, temperature control, and reliable

internet service with adequate bandwidth to allow for a constant remote connection

to city services suitable for performing official city business. The City reserves the

right to enter the home work area or require a video visit for inspection of the

employee’s designated work area to determine compliance with health and safety

rules and applicable city policies. The City shall endeavor, to provide forty-eight

(48) hours’ advance notice to the employee prior to an in-home inspection by a

qualified inspector; a short-notice or unannounced inspection may be conducted

in exigent circumstances.

Employees are covered by workers’ compensation laws when performing work

duties at their designated alternate location during work hours. The designated

work location must meet Cal/OSHA safety rules for the workplace including, but

not limited to, a functioning smoke detector; working fire extinguisher; clear,

unobstructed exits; removal of hazards that could cause falls; adequate electrical

circuitry, and appropriate furniture. Employees who suffer a work-related injury or

illness while working remotely must notify their supervisor immediately.

9. Liability

The alternate work location is an extension of the department’s workplace only

when used for work. All existing workplace health and safety rules, as well as all

existing employment laws, rules, and policies apply the same as they would for

staff reporting to the office.

The City of Sacramento is not responsible for any injuries to family members,

visitors, or other guests at the employee’s alternate work location. Notwithstanding

incidental activities and the specific requirements within this policy, the employee

shall not have any coworkers or business guests visit the alternate work location

in the course of the employee’s work.

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The remotely working employee is solely responsible for any tax implications and

insurance requirements, and compliance with state and local laws and ordinances

when the alternate work location is a residence.

10. Equipment and Supplies

The remote work program is intended to be cost neutral and the City assumes no

responsibility for the set up or operating costs of working remotely, as the

employee has volunteered for the benefits of working remotely.

The City shall generally not be responsible for personal costs that are associated

with remote work, including but not limited to energy, data or maintenance costs,

network costs, homeowners’ insurance or coverage, home maintenance, home

workspace furniture, ergonomic equipment, liability for third party claims, or any

other incidental costs (e.g., utilities associated with the employee’s remote work).

Exceptions will be evaluated on a case-by-case basis as needed.

Participating employees must have a suitable desk/work area and chair to work

ergonomically safe and without disruption and must have the necessary

equipment, software, supplies, and support required to successfully work remotely.

If the City does not provide the needed equipment, software, supplies, or support,

and the employee does not have them, the employee will not be eligible to

participate in the remote work program.

City Equipment

Equipment, software, or supplies provided by the City are for city business only.

Participating employees do not obtain any rights to city equipment, software, or

supplies provided in connection with remote working and must return city

equipment no later than seven (7) calendar days, at the conclusion of the remote

work arrangement or at the City’s request.

Participating employees must protect city equipment, software, and supplies from

possible theft, loss, and damage. Participating employees may be liable for

replacement of supplies or repair of the equipment, software, and supplies caused

by negligence or intentional conduct that results in theft, loss, or damage. Any

repairs or required maintenance on city-provided equipment will require the item

to be physically brought to the IT department or the employee’s primary physical

city workplace if the issue cannot be resolved remotely by IT staff.

Departments must have a process to reliably track city-owned assets before

allowing employees to check out equipment.

In order to maintain the security of data, and in an effort reflect the City’s

commitment to environmental sustainability, employees should minimize printing

documents remotely. If there is a need to print confidential information, employees

should report to a physical city worksite to use a multi-function printer and dispose

of confidential documents in city-secured shred bins.

Any equipment, software, files, and databases provided by the City shall remain

the property of the City. Participating employees must adhere to all software

software. Participating employees may not add hardware or software to city

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equipment without prior written approval. All remote access connections to the

City’s networks will be made through the approved remote access methods

employing data encryption and multi-factor authentication.

Participating employees have no reasonable expectation of privacy when using

city equipment while working for the City, excepting applicable laws. To manage

systems and enforce security, the City may log, review, and otherwise utilize any

information data stored on or passing through its systems. The City may capture

all participating employee activity including, but not limited to, telephone numbers

dialed, websites visited, and content downloaded.

Personal Equipment

Participating employees who use their personal equipment for remote work are

responsible for the installation, repair, and maintenance of the equipment.

Personal equipment connecting to city information resources should be up to date

with the latest security patches and have an anti-malware checking system

enabled.

In the event of a Public Records Act (PRA) request, employees shall be required

to provide to the City any responsive records stored on a personal computer,

system, or device. For more information, refer to the City’s Public Records Request

Policy.

11. Compensation

Unless specified in the employee’s labor agreement, there is no change to existing

compensation for participating employees.

12. Security of Confidential Information

All files, records, papers, or other materials created while working remotely are

property of the City of Sacramento. Participating employees and their supervisors

shall identify any confidential records to be accessed and follow city standards,

procedures, and policies for protecting such information.

The City may require employees to work in private locations when handling

confidential or sensitive material(s). Areas containing confidential information

should be physically restricted to those people with a need to know. Confidential

information should always be protected from unauthorized disclosure. When left

unattended, confidential information in paper form should be locked away. The City

may prohibit employees from printing confidential information in remote work

locations to avoid breaches of confidentiality.

Participating employees shall secure city equipment when not in use and ensure

they are logged off the city network. Participating employees shall not disclose

confidential or private files, records, materials, or information, and shall not allow

access to city networks or databases to anyone who is not authorized to have

access.

Participating employees must complete their annual Information Security and

Privacy Awareness training.

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Participating employees shall follow all record retention/management and disposal

policies for all associated documents and work products.

Participating employees must notify their supervisor and the IT department

immediately in the event of a hacking incident or any compromise of city data and

city network systems.

13. Policy Not Subject to Grievance or Appeal

Employees do not have a property right to remote work assignments. An

employee’s participation in, or removal from, remote work is not subject to any

grievance or appeal process and this policy supersedes previous remote work

agreements and policies.

A denial of an employee’s participation in remote work shall not be grievable or

appealable, except that the employee may request a review of the reason(s) for

the denial and request reconsideration by submitting a request in writing within

seven (7) calendar days of receipt of the denial to their direct supervisor.

A meeting with the employee’s department head, or designee, will be scheduled

within seven (7) calendar days of receipt of the written request to address the

employee’s concern(s). A response and final decision will be rendered by the

department head, or designee, within seven (7) calendar days of the meeting.

While participating in the review process, employees are obligated to abide by the

direction of their supervisor regarding participation in remote work.

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Charter Officer Review and Acknowledgement:

Remote Work Policy

(Signature by all Charter Officers is not a requirement for policy adoption)

Howard Chan (Feb 22, 2023 17:04 PST)

City Manager

Feb 22, 2023

Susana Alcala Wood (Feb 16, 2023 14:12 PST)

City Attorney

Feb 16, 2023

City Clerk

Feb 15, 2023

Jorge Oseguera (Feb 15, 2023 16:42 PST)

City Auditor

Feb 15, 2023

City Treasurer

Feb 13, 2023

John P Colville Jr (Feb 13, 2023 09:29 PST)