CITY COUNCIL AGENDA
June 16, 2026
REGULAR SESSION - 5;30 P.M.
ANDERSON CITY HALL
1887 Howard Street
PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the cduncil.
If the subject is not on tonight's Agenda, please complete an A~enda Request Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.
The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.
In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.
Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 202S0.
1 City Council Meeting
June 16, 2026
Page2
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION - 5:30 P.M.
Councilmember Hale
Councilmember Baugh
Councilmember Gallagher
Vice-Mayor Simmons
Mayor Gallier
2.0 INVOCATION - Councilmember Mike Gallagher.
3.0 PLEDGE OF ALLEGIANCE - Mayor Dan Gallier.
4.0 STUDENT REPORTS - A representative from the teen center will give an update on current activities.
4.2 PROCLAMATION -
4.3 5.2
6.0 6.1
a. A Proclamation proclaiming June 2026 as Elder Abuse Awareness Month will be presented to Donn Epperson and Sarah Adamec from Adult Protective Services. b. A Proclamation proclaiming July 2026 as Parks and Recreation Month will be presented to employees of the Parks and Recreation Department.
PRESENTATIONS - Public Works Director Adam Whelen will give a Wastewater update.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?
CONSENT AGENDA
CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
MINUTES -Approve the minutes of the regular meeting of May 19, 2026. 2 City Council Meeting
June 16, 2026
Page3
6.2 WARRANTS - Receive and file warrant 37398 to 37452 in the amount of $538,837.87; Receive and file ACH in the amount of $57,819.77; Receive and file Gross Payroll in the amount of $269,269.28; Receive and file warrant 37453 to 37517 in the amount of $139,671.73; Receive and file ACH in the amount of $57,376.53; Receive and file warrant 37518 to 37566 in the amount of $120,022.88; Receive and file ACH in the amount of $56,751.61; Receive and file ACH in the amount of $130,444.75; Receive and file Gross Payroll in the amount of $288,233.85; Receive and file warrant 37567 to 37630 in the amount of $200,916.00; Receive and file ACH in the amount of $58,027.45
6.3 CITY CLERK - Adopt a Resolution updating the City Conflict of Interest Code.
6.5 CITY MANAGER
a. Side Letter to Memorandum of Understanding with the Anderson Police Management Association (APMA) Contract
b. Adopt a resolution approving amendments to the City of Anderson Personnel Rules.
6.6 FINANCE DIRECTOR - Receive Monthly Cash Balances.
6.8. DEVELOPMENT -Adopt an ordinance (second reading), approving General Plan Amendment No. 26-02 and Rezone No. 26-02, pursuant to City of Anderson Zoning Code Chapter 17.54 Zoning Amendments, as introduced (first reading) on May 19, 2026. I
6.9 POLICE - Approval of Rotational Towing Services Agreement and Establishment of Official Police Tow Rotation List.
6.10 PUBLIC WORKS -Adopt a Resolution identifying roadway maintenance and rehabilitation projects in the City of Anderson that will be eligible for Senate Bill 1 funding for fiscal year 2026-2027.
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANY) REMOVED FROMTHE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
ALL NOTICES WERE GIVEN ACCORDING TO LAW
PUBLIC HEARING
7.0 AB 2561- NOTICE OF JOB VACANCIES
RECOMMENDED ACTION:
3 City Council Meeting
June 16, 2026
Page4
1. Receive a staff report;
2. Conduct a public hearing;
3. Consider adoption of a resolution accepting the notice of job vacancies in compliance with Assembly Bill (AB) 2561.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
CITY MANAGER
8.3a AMENDING THE CITY OF ANDERSON CLASSIFICATION AND COMPENSATION PLAN
TO ESTABLISH THE PARKS AND LANDSCAPE SUPERINTENDENT CLASSIFICATION RECOMMENDED ACTION:
1. Receive a staff report;
2. Receive public comment;
3. Authorize the City Manager to add and fill the classification of Parks and Landscape Superintendent;
4. Adopt a Resolution amending the City of Anderson Classification and Compensation Plan to establish the Parks and Landscape Superintendent classification, approve the associated salary schedule, and reclassify one budgeted Public Works Superintendent position to one Parks and Landscape Superintendent position.
8.3b SALARY AND BENEFIT CHANGES TO MID-MANAGEMENT AND CONFIDENTIAL
EMPLOYEES
RECOMMENDED ACTION:
1. Receive a staff report;
2. Accept public comment;
3. Adopt a resolution approving salary changes for fifteen non-contract MidManagement and Confidential classifications.
PUBLIC WORKS
8.9 CAL FIRE WILDFIRE PREVENTION GRANT APPLICATION
RECOMMENDED ACTION:
1. Receive a staff report;
2. Receive public comments;
4 City Council Meeting
June 16, 2026
3. Authorize the submission of a grant application to the California Department of Forestry and Fire Protection (CAL FIRE) for a Wildfire Prevention Grant.
14.0 ADJOURN- The City Council will aqjourn to luly Z 2026. 5 ANDERSON CITY COUNCIL
ELDER ABUSE AWARENESS MONTH
JUNE 2026
WHEREAS, Older adults deserve to be treated with respect and dignity to enable them to serve as leaders, mentors, volunteers, and vital participating members of our communities; and WHEREAS, The National Center on Elder Abuse (NCEA) and partner agencies in Shasta County recognize the importance of taking action to raise awareness, prevent and address elder abuse; and WHEREAS, As our population lives longer, we are presented with an opportunity to think about our collective needs and future as a nation; and
WHEREAS, Ageism and social isolation are major causes of elder abuse in the United States; and WHEREAS, Recognizing that it is up to all of us to ensure that proper social structures exist so people can retain community and societal connections, reducing the likelihood of abuse; and WHEREAS, Preventing abuse of older adults through maintaining and improving social supports like senior centers, human services and transportation will allow everyone to continue to live as independently as possible and contribute to the life and vibrancy of our communities; and WHEREAS, Where there is justice there can be no abuse; therefore, The District Attorney's Office, Health and Human Services Agency, PSA2 Area Agency on Aging, Ombudsman, Redding Police Department and other local agencies working with elders, urge all people to restore justice by honoring older adults.
WHEREAS, We welcome all in our engaging and empowering movement to put an end to abuse.
NOW, THEREFORE, BE IT RESOLVED that the Anderson City Council hereby proclaims JUNE 2026 as "ELDER AB USE AW ARE NESS MONTH" in Anderson.
Dan Gallier, Mayor
6 PROCLAMATION
PARKS & RECREATION MONTH
JULY2026
WHEREAS, parks and recreation is an integral part of communities throughout this country, including Anderson, California; and
WHEREAS, parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who utilize their local parks and program, improving the quality of life in our community; and WHEREAS, park and recreation programs offer places, spaces and programs to facilitate social connections, human development, the arts, and lifelong learning; and WHEREAS, our Parks and Recreation Department is committed to fostering strong community relationships by partnering with local youth organizations to support their programs; and WHEREAS, we provide essential space and resources for these organizations to conduct activities, events, and programs that benefit the youth in our community, promoting physical activity, social interaction, and personal development; and
WHEREAS, the City of Anderson recognizes the benefits derived from parks and recreation resources.
NOW, THEREFORE, the Anderson City Council does hereby proclaim the month of July 2026 as "Parks and Recreation Month" in the City of Anderson and, in doing so, urges all citizens to use and enjoy our parks and recreational opportunities.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Corporate Seal of the City of Anderson to be affixed this 16th day of June, 2026.
Dan Gallier, Mayor
7 ANDERSON CITY COUNCIL MINUTES
Regular Meeting
May 19, 2026
REGULAR SESSION
The regular session was called to order at 5:30 p.m.
ROLL CALL
Councilmembers present: Councilmember Hale
Councilmember Baugh
Councilmember Gallagher
Vice-Mayor Simmons
Mayor Gallier
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Oliver Collins, Finance Director Cindy Wheeler and City Clerk Christy White.
INVOCATION
Planning Commissioner Ron Barnett gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Susie Baugh led the Pledge of Allegiance.
STUDENT REPORTS
Teen Centers Youth Initiative Coordinator Chris Richardson gave an update on current Activities.
PRESENTATION
Anderson Community Economic Development Director (ACED) Hope Seth gave a presentation and update.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Comments were received in regards to Council behavior.
Stan Neutze spoke to Council inviting them to the Veterans Memorial Day Event.
ITEM 6.1 6/16/2026
8 City Council Meeting
June 16, 2026
CONSENT AGENDA
By motion made, second (Hale/Gallagher) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the regular meeting of May 5, 2026 and special meeting of May 12, 2026.
Received and filed warrant 37299 to 37363 in the amount of $41,964.33; Received and filed ACH in the amount of $130,444.75; Received and filed Gross Payroll in the amount of $287,124.09; Received and filed warrant 37364 to 37397 in the amount of $244,318.31 Received Monthly Cash Balances.
Adopted Resolution No 26-17 establishing the Gann appropriations limit for the fiscal year 2026-2027 and find that the adopted appropriations are within the limit.
Adopted Resolution No 26-18 Landscape & Lighting District 93-2, Resolution No 26-19 South Ridge Terrace - Unit 1 Landscaping Maintenance District, and Resolution No 26-20 Sanitary Sewer Maintenance District 01-09: Silvergate Subdivision for the Fiscal Year 2026- 2027.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Gallagher, Baugh, Simmons and Mayor Gallier.
None.
None.
None.
ITEMS PULLED FROM THE CONSENT AGENDA
Dolores Lucero, Shasta Watch Dog, requested to pull item 6.3 and asked to pull the item from the consent agenda.
Dolores voiced concerns regarding the election process.
By motion made, second (Gallagher/Baugh) and carried by a 5-0 vote, Council voted to adopt Resolution No 26-16 calling for a General Election on November 3, 2026, for the purpose of electing two Councilmembers to four-year terms and requesting approval from the Shasta County Board of Supervisors to consolidate the election with the statewide election.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Baugh, Hale, Simmons and Mayor Gallier.
None.
None.
None.
9 City Council Meeting
June 16, 2026
PUBLIC HEARINGS
ALL NOTICES WERE GIVEN ACCORDING TO THE LAW.
GENERAL PLAN AMENDMENT (GPA 26-02) AND REZONE (RZ 26-02), AND
INTRODUCTION OF AN ORDINANCE
Planner Lisa Lozier gave a staff report and answered questions from Council 6:09 pm Public hearing was opened, no comments were received. Public Hearing was closed.
By motion made, second (Simmons/Baugh) and carried by a 5-0 vote, Council voted to introduce an ordinance (for first reading), approving General Plan Amendment No. 26-02 and Rezone No. 26-02, pursuant to City of Anderson Zoning Code Chapter 17.54 Zoning Amendments, and set the ordinance for enactment (second reading) on June 16, 2026.
The City Clerk read the ordinance by title only.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Simmons, Baugh, Hale, Gallagher and Mayor Gallier.
None.
None.
None.
REGULAR AGENDA
CITY COUNCIL
RESOLUTION TO CENSURE COUNCILMEMBER BAUGH
Council brought the Resolution forward for approval.
Many comments were received in support of the censure.
By motion made, second (Hale/Simmons) and carried by a 4-1 vote, Council voted to adopt Resolution No 26-21 to censure Councilmember Baugh.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Simmons, Gallagher and Mayor Gallier.
Baugh.
None.
None.
COMMISSION / COMMITTEE APPOINTMENTS OF VACANCY DUE TO COUNCILMEMBER ' BAUGH'S CENSURE
Council discussed the boards vacated by Councilmember Baugh due to her censure. 10 City Council Meeting
June 16, 2026
Mayor Gallier will be attending the Mayor selection meeting to appoint Councilmember Mike Gallagher to LAFCO.
By motion made, seconded (Hale/Gallagher) and carried by a 4-1 vote, Council voted to appoint Councilmember Darin Hale to CAB, Mayor Dan Gallier to RAW-PAC and not appoint a second representative to AT Home.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Hale, Gallagher, Simmons and Mayor Gallier.
Baugh.
None.
None.
CITY MANAGER
SHASTA COUNTY COMMISSION ON AGING REPRESENTATIVE
City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.
By motion made, seconded (Gallagher/Gallier) and carried by a 5-0 vote, Council voted to appoint Councilmember Bonnie Simmons to Shasta County Commission on Aging.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Hale, Simmons, Gallagher and Mayor Gallier.
None.
None.
None.
PUBLIC COMMENT ON CLOSED SESSION ITEM(S):
Shasta County Watchdog spoke to council with concerns of Council member Baugh being included in closed session.
COUNCIL REPORTS/COMMENTS
Council members used this time to report on meetings and activities they participated in and to announce upcoming events.
7:16 p,m,; The City Council convened to Closed Session,
CLOSED SESSION
7:35 p.m.: The City Council reconvened to Quen Session.
CLOSED SESSION ANNOUNCEMENT
C.S.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(§ 54956.9) * Name of Case: L.B. v. City of Anderson, et al., Case No. 2:26- CV- 00904- DC- DMC 11 City Council Meeting
June 16, 2026
C.S.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION * Significant exposure to litigation pursuant to§ 54956.9(b): (Three Case) Mayor Gallier announced that the Council sat in Closed Session with no reportable action.
ADJOURNMENT
7:35 p,m.: The City Council adjourned to lune 2, 2026,
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
12 AGENDA ITEM
I lune 16. 2026 City Council Meeting
d for Submittal By:
orseth-Deshais, City Manager
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: June 16, 2026
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 37398 to 37452 in the amount of $538,837.87; Receive and file ACH in the amount of $57,819.77; Receive and file Gross Payroll in the amount of $269,269.28; Receive and file warrant 37453 to 37517 in the amount of $139,671.73; Receive and file ACH in the amount of $57,376.53; Receive and file warrant 37518 to 37566 in the amount of $120,022.88; Receive and file ACH in the amount of $56,751.61; Receive and file ACH in the amount of $130,444.75; Receive and file Gross Payroll in the amount of $288,233.85; Receive and file warrant 37567 to 37630 in the amount of $200,916.00; Receive and file ACH in the amount of $58,027.45
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 5/19/2026
13 CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 5/15/2026 037398 1,300.00
000083 ACE HARDWARE
SUPPLIES·JOB#2 5/15/2026 037399 1,667.22
VOID CHECK 5/15/2026 037400
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 5/15/2026 037401 215.00
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 P/E 4/10/26 5/15/2026 037402 639.21
000550 ARIES INDUSTRIES, INC.
SUPPLIES 5/15/2026 037403 833.84
000615 AT&T CALNET
PHONE CHARGES 5/15/2026 037404 64.42
000722 SCOTT BAILEY
PER DIEM·TRAINING 5/15/2026 037405 271.00
000974 BEELER TRACTOR COMPANY
PARTS 5/15/2026 037406 409.45
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 5/15/2026 037407 118.00
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 5/15/2026 037408 125.71
002634 CROWN MOTORS
PARTS 5/15/2026 037409 450.58
012612 D·TAC K9
PROFESSIONAL SERVICES 5/15/2026 037410 600.00
14 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002971 DEPT OF HOUSING AND COMM DEV.
MOBILE HOME PERMIT FEES 5/15/2026 037411 3,022.00
003503 ESRI
26/27 ESRI RENEWAL 5/15/2026 037412 3,875.00
003590 FASTENERS INC.
SUPPLIES 5/15/2026 037413 113.98
003618 FERGUSON WATERWORKS #1423
SUPPLIES 5/15/2026 037414 11,443.85
008380 FREIGHTLINER NORTHWEST
PARTS 5/15/2026 037415 77.95
011814 DAN GALLIER
HEALTH INS. REIMBURSEMENT 5/15/2026 037416 1,199.00
012627 MEGAN GRISWOLD
PARK RENTAL REFUND 5/15/2026 037417 37.50
012626 DEBORAH HARLAN
CLEANING DEPOSIT REFUND 5/15/2026 037418 350.00
005076 IBM CORPORATION
PROFESSIONAL SERVICES 5/15/2026 037419 99.00
012629 KASANDRA IVY
CLEANING DEPOSIT REFUND 5/15/2026 037420 350.00
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS 5/15/2026 037421 1,055.95
005378 EDWARD JONES
PARK RENTAL REFUND 5/15/2026 037422 47.50
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 5/15/2026 037423 2,771.66
005871 LASER TECHNOLOGY, INC.
EQUIPMENT 5/15/2026 037424 2,128.07
Page2
15 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006000 LES SCHWAB TIRES
PROFESSIONAL SVCS & PARTS 5/15/2026 037425 730.22
006026 LIDDELL CONST. SUPPLY INC.
SUPPLIES 5/15/2026 037426 389.41
012632 KENIA LOPEZ
CLEANING DEPOSIT REFUND 5/15/2026 037427 350.00
012624 BRIANNA MINOR
FACILITY RENTAL REFUND 5/15/2026 037428 595.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 5/8/26 5/15/2026 037429 4,240.00
007075 MUNICIPAL MTNC. EQUIPMENT
SUPPLIES 5/15/2026 037430 339.70
007133 N.C.G.T. SECURITY FUND
HEALTH INSURANCE PREMIUM 5/15/2026 037431 116,642.00
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 5/15/2026 037432 862.00
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 5/15/2026 037433 5,166.87
007493 OOP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 5/15/2026 037434 248.81
007630 PACIFIC GAS & ELECTRIC
UTILITIES 5/15/2026 037435 12,339.92
012628 KISMET PFEIFFER
KEY DEPOSIT REFUND 5/15/2026 037436 10.00
007967 PLATT
SUPPLIES 5/15/2026 037437 159.53
012325 RTA CONSTRUCTION INC/ESCROW NO
RETENTION 5/15/2026 037438 6,731.54
Page3
16 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008855 RTA CONSTRUCTION, INC.
PROFESSIONAL SERVICES 5/15/2026 037439 127,899.34
012633 DEEDEE SAKELLARIOU
SUMMER CAMP REFUND 5/15/2026 037440 195.00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 5/15/2026 037441 5,194.11
009365 SHASCOM
DISPATCH & CAD SERVICES 5/15/2026 037442 214,367.75
009618 SIGNARAMA
PROFESSIONAL SERVICES 5/15/2026 037443 2,727.70
010180 SUNBELT RENTALS, INC.
EQUIPMENT RENTAL 5/15/2026 037444 631.87
010255 T ANDS DVBE, INC.
SUPPLIES 5/15/2026 037445 20.95
012631 ANGELA TAYLOR
CLEANING DEPOSIT REFUND 5/15/2026 037446 350.00
010635 TULLIS, INC.
MATERIALS 5/15/2026 037447 872.75
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES,TRV,TRAINING & EQPMNT 5/15/2026 037448 1,165.88 VOID CHECK 5/15/2026 037449
010756 USA BLUEBOOK
SUPPLIES 5/15/2026 037450 154.42
012630 CAROL WOODMAN
CLEANING DEPOSIT REFUND 5/15/2026 037451 350.00
012574 XEROX BUSINESS SOLUTIONS
PROFESSIONAL SERVICES 5/15/2026 037452 271.53
Page4
17 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
004592 HAVEN HUMANE SOCIETY
ANIMAL SHELTER SERVICES 5/19/2026 ACH 660.00
004248 WW GRAINGER INC
SUPPLIES 5/19/2026 ACH 1,905.68
5/12/26 ACH PERS $57,819.77 538,837.87
FOR PAYROLL ENDING 04/10/26
05/14/26 GROSS PAY $269,269.28
FOR PAYROLL ENDING 05/08/26
y.:;;;: ~ Date
Pages
18 CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
003452 ENTERPRISE FM TRUST
VEHICLE LEASES 5/22/2026 ACH 35,859.29
004248 WW GRAINGER INC
SUPPLIES 5/22/2026 ACH 852.44
004592 HAVEN HUMANE SOCIETY
ANIMAL REGULATION SERVICES 5/22/2026 ACH 10,124.01
1 BLEVINS, JASON & JUL
US REFUND 5/22/2026 037453 12.07
1 COFFMAN, ATHENA
US REFUND 5/22/2026 037454 12.07
1 DOUGLAS, THEODORA
US REFUND 5/22/2026 037455 12.07
1 FOSTER, SAMANTHA &JA
US REFUND 5/22/2026 037456 12.07
1 MARTIN, ANNA
US REFUND 5/22/2026 037457 5.98
1 MCCOARD, AMANDA
US REFUND 5/22/2026 037458 12.07
1 QUILLIN, CHELLE
US REFUND 5/22/2026 037459 12.07
1 SCHULTZ, DENISE & DA
US REFUND 5/22/2026 037460 12.07
1 TARIQ.SAAD
US REFUND 5/22/2026 037461 5.98
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 5/22/2026 037462 4,240.00
19 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011929 ACME ANALYTICAL SOLUTIONS, INC
SUPPLIES 5/22/2026 037463 726.18
012635 NIKKOLE ANDERSON
KEY DEPOSIT REFUND 5/22/2026 037464 10.00
000609 AT & T
PHONE CHARGES 5/22/2026 037465 96.24
000700 BADGER METER, INC.
EQUIPMENT 5/22/2026 037466 291.52
000722 SCOTT BAILEY
PER DIEM-TRAINING 5/22/2026 037467 26.00
000909 BATTERIES PLUS - 450
SUPPLIES 5/22/2026 037468 47.08
001659 CA-NV SECTION, AWWA
CERTIFICATION RENEWAL FEE 5/22/2026 037469 140.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 5/22/2026 037470 2,035.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 5/22/2026 037471 554.09
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 5/22/2026 037472 1,742.98
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 5/22/2026 037473 4,069.81
002167 CITY OF REDDING
DUMP FEES 5/22/2026 037474 31.00
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 5/22/2026 037475 739.00
VOID CHECK 5/22/2026 037476
Page2
20 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATIONS 5/22/2026 037477 45.00
003151 DRAKE VEGETATION MANAGEMENT
PROFESSIONAL SERVICES 5/22/2026 037478 12,385.00
012636 TAYLOR DUVAL
CLEANING DEPOSIT REFUND 5/22/2026 037479 350.00
003590 FASTENERS INC.
SUPPLIES 5/22/2026 037480 31.24
003618 FERGUSON WATERWORKS #1423
SUPPLIES 5/22/2026 037481 22,091.96
003966 CLAUDIA GARCIA
KEY DEPOSIT REFUND 5/22/2026 037482 10.00
004067 GHD, INC.
PROFESSIONAL SERVICES 5/22/2026 037483 3,870.00
011857 JOSEPH GRADY
UNIFORM REIMBURSEMENT 5/22/2026 037484 1,000.00
004318 PETER GRIGGS
PROFESSIONAL SERVICES 5/22/2026 037485 189.00
004623 ERIC HAYNES
PER DIEM-TRAINING 5/22/2026 037486 406.00
009321 HOPE SETH CONSULTING
PROFESSIONAL SERVICES 5/22/2026 037487 3,430.00
005169 J & TCONSULTlNG, INC.
PROFESSIONAL SERVICES 5/22/2026 037488 810.00
005262 JMB OIL COMPANY
SUPPLIES 5/22/2026 037489 940.93
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 5/22/2026 037490 3,550.10
Page3
21 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006059 LITHIA MOTORS, INC.
FINANCE CHARGE 5/22/2026 037491 15.47
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 5/22/2026 037492 176.96
012377 SHERRI MACLEOD
KEY DEPOSIT REFUND 5/22/2026 037493 10.00
011859 MAVERICK DATA SYSTEMS
WARRANT BUILDER RPO 5/22/2026 037494 750.00
011822 JEFF MAZE
PER DIEM-TRAINING 5/22/2026 037495 1,319.40
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 5/22/2026 037496 862.00
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 5/22/2026 037497 940.47
007585 OUTDOOR CREATIONS.INC.
COMMUNITY BENCH PROGRAM 5/22/2026 037498 420.23
007618 PACE SUPPLY CORP.
SUPPLIES 5/22/2026 037499 613.81
007630 PACIFIC GAS & ELECTRIC
UTILITIES 5/22/2026 037500 2,441.70
007750 PAYLESS BUILDING SUPPLY
MATERIALS 5/22/2026 037501 69.78
012017 PRESYNCED PRODUCTIONS
PROFESSIONAL SERVICES 5/22/2026 037502 1,055.00
011940 QUICK QUACK CAR WASH
CAR WASHES 5/22/2026 037503 650.66
008270 NATHAN RAMIREZ
REIMBURSEMENT 5/22/2026 037504 854.10
Page4
22 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012326 SENTIO LLC
PROFESSIONAL SERVICES 5/22/2026 037505 28,10
009392 SHASTA CO. DEPT RESOURCE MGT.
PERMIT RENEWAL FEES 5/22/2026 037506 180.00
012016 SISKIYOU OPPORTUNITY CENTER
JANffORIAL SERVICES 5/22/2026 037507 1,871.44
010196 SUPERIOR CA ECONOMIC DEVELOP ME
EDA PLANNING GRANT 5/22/2026 037508 1,884.00
010635 TULLIS, INC.
MATERIALS 5/22/2026 037509 1,236.17
012634 U.S. ARMOR CORPORATION
EQUIPMENT 5/22/2026 037510 8,910.62
010756 USA BLUEBOOK
SUPPLIES 5/22/2026 037511 168.28
008407 USA TODAY MEDIA CORP
ADVERTISING 5/22/2026 037512 1,388.55
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 5/22/2026 037513 1,250.00
011064 WM CORPORATE SERVICES, INC
DUMP FEES 5/22/2026 037514 5.09
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 5/22/2026 037515 357.45
011335 WILGUS FIRE CONTROL INC.
PROFESSIONAL SERVICES 5/22/2026 037516 326.03
011560 XYLEM WATER SOLUTIONS USA, INC
PARTS 5/22/2026 037517 1,096.10
05/18/26 ACH PERS $57,376.53 139,671.73
FOR PAYROLL ENDING 04/24/26
Pages £_::= ~ Olla
23 CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
004248 WW GRAINGER INC
SUPPLIES 5/29/2026 ACH 570.54
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 5/29/2026 A<;H 845.00
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 5/29/2026 037518 1,694.00
000026 A & A MACHINE AND WELDING
PROFESSIONAL SERVICES 5/29/2026 037519 1,000.00
000243 ALL CAR & TRUCK TOWING, LLC
PROFESSIONAL SERVICES 5/29/2026 037520 1,395.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM•MAY 26 5/29/2026 037521 3,579.16
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 P/E 4/24/26 5/29/2026 037522 639.21
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 5/8/26 5/29/2026 037523 547.68
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 5/22/26 5/29/2026 037524 547.68
000615 AT&T CALN ET
PHONE CHARGES 5/29/2026 037525 231.25
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 5/29/2026 037526 575.00
001649 CA MUNICIPAL TREASURERS ASSOC
MEMBERSHIP DUES 5/29/2026 037527 25.00
012395 CASEY CAMP
PER DIEM-TRAINING 5/29/2026 037528 317.00
24 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 5/29/2026 037529 728.56
012644 AIDEE CHAVEZ-SORROZA
CLEANING DEPOSIT REFUND 5/29/2026 037530 350.00
002142 CINTAS FIRST AID &SAFETY
SUPPLIES 5/29/2026 037531 175.86
002150 CITIES DIGITAL
ANNUAL SOFTWARE MAINTENANCE 5/29/2026 037532 771.75
002716 CWEA
CERT RENEWAL-MCCABE 5/29/2026 037533 119.00
002774 DARREN TAYLOR CONSTRUCTION INC
PROFESSIONAL SERVICES 5/29/2026 037534 10,689.00
012636 TAYLOR DUVAL
FACILITY RENTAL REFUND 5/29/2026 037535 245.00
003534 EWING
SUPPLIES 5/29/2026 037536 558.57
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF MAY-26 5/29/2026 037537 2,323.50
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 5/29/2026 037538 716.10
004823 HINDERLITER DE LLAMAS & ASSOC
CONTRACT SVCS-TRAN TAX Q4/25 5/29/2026 037539 300.00
012645 KINUMINC
PROFESSIONAL SERVICES 5/29/2026 037540 525.50
012563 AUSTIN LOBSINGER
PER DIEM-TRAINING 5/29/2026 037541 317.00
006166 LOWE'S
SUPPLIES 5/29/2026 037542 418.13
Page2
25 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006734 MERCY MEDICAL CENTER REDDING E
PROFESSIONAL SERVICES 5/29/2026 037543 3,000.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 5/22/26 5/29/2026 037544 4,540.00
012641 CRYSTA MONTOYA
KEY DEPOSIT REFUND 5/29/2026 037545 10.00
012277 NAPA AUTO PARTS
PARTS 5/29/2026 037546 3,288.12
007348 NORMAC
SUPPLIES 5/29/2026 037547 63.92
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 5/29/2026 037548 5,780.46
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 5/29/2026 037549 883.26
007585 OUTDOOR CREATIONS,INC.
PROFESSIONAL SERVICES 5/29/2026 037550 2,747.63
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 5/29/2026 037551 30,345.20
007630 PACIFIC GAS & ELECTRIC
UTILITIES 5/29/2026 037552 52.62
007669 PAPE MACHINERY
PROFESSIONAL SVCS & PARTS 5/29/2026 037553 203.27
012245 POINT & PAY LLC
PROFESSIONAL SERVICES 5/29/2026 037554 10.00
012643 VANESSA POSADA
CLEANING DEPOSIT REFUND 5/29/2026 037555 350.00
008076 PREFERRED PUMP
PARTS 5/29/2026 037556 3,889.39
Page3
26 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008078 PREMIER TOWING
PROFESSIONAL SERVICES 5/29/2026 037557 475.00
012143 R3 CONSULTING GROUP INC.
PROFESSIONAL SERVICES 5/29/2026 037558 945.00
012460 REVENUE & COST SPECIALISTS LLC
PROFESSIONAL SERVICES 5/29/2026 037559 2,127.91
009357 SHARPS SOLUTIONS, LLC
PROFESSIONAL SERVICES 5/29/2026 037560 111.60
009564 SHN CONSULTING ENGINEERS AND G
PROFESSIONAL SERVICES 5/29/2026 037561 10,507.50
010255 T ANDS DVBE, INC.
SUPPLIES 5/29/2026 037562 41.83
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-MAY 26 5/29/2026 037563 952.24
VOID CHECK 5/29/2026 037564
010756 USA BLUEBOOK
SUPPLIES 5/29/2026 037565 9,723.10
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 5/29/2026 037566 9,770.34
05/20/26 ACH PERS $56,751.61 120,022.88
FOR PAYROLL ENDING 05/08/26
05/28/26 ACH PERS $130,444.75
FOR UNFUNDED LIABILITY
05/28/26 GROSS PAY $288,233.85
FOR PAYROLL ENDING 05/22/26
~
~
..... ~ 1'118
Page4
27 CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
VOID CHECK 6/4/2026 035061
VOID CHECK 6/1/2026 036512
012649 A PLUS UTILITY LOCATING LLC
PROFESSIONAL SERVICES 6/5/2026 037567 610.00
000722 SCOTT BAILEY
FITNESS EXP REI MB-JUN 26 6/5/2026 037568 50.00
000922 SUSAN BAUGH
HEALTH INS. REIMBURSEMENT 6/5/2026 037569 202.90
001168 ASHLEY BLACK
PROFESSIONAL SERVICES 6/5/2026 037570 200.00
001598 CHAD TAYLOR BUSHNELL
PROFESSIONAL SERVICES 6/5/2026 037571 3,000.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 6/5/2026 037572 202.50
012395 CASEY CAMP
FITNESS EXP REI MB-JUN 26 6/5/2026 037573 1,050.00
001874 KYLE CARPENTER
FITNESS EXP REI MB-JUN 26 6/5/2026 037574 50.00
001975 CELLEBRITE, INC.
SUBSCRIPTION RENEWAL 6/5/2026 037575 5,947.80
002101 CHRIS CHIMENTI
FITNESS EXP REI MB-JUN 26 6/5/2026 037576 50.00
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 6/5/2026 037577 76.63
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 6/5/2026 037578 4,069.81
28 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002167 CITY OF REDDING
UTILITIES 6/5/2026 037579 395.59
012237 OLIVER COLLINS
CELL PHONE REIMBURSEMENT 6/5/2026 037580 75.00
012640 GRANT CONLEY
SWIM LESSONS REFUND 6/5/2026 037581 40.00
002634 CROWN MOTORS
PARTS 6/5/2026 037582 330.44
012062 WllllAM DIXON
KEY DEPOSIT REFUND 6/5/2026 037583 10.00
003590 FASTENERS INC.
SUPPLIES 6/5/2026 037584 839.84
003670 TYLER FINCH
FITNESS EXP REI MB-JUN 26 6/5/2026 037585 50.00
003744 NASH FOLDEN
FITNESS EXP REI MB-JUN 26 6/5/2026 037586 50.00
011976 JOEY FORSETH-DESHAIS
CELL PHONE REIMBURSEMENT 6/5/2026 037587 75.00
012558 JARED FOSTER
FITNESS EXP REIMB-JUN 26 6/5/2026 037588 50.00
011883 ADAM FROEBER
CELL PHONE REIMBURSEMENT 6/5/2026 037589 75.00
012638 PAUL GEIST
CLEANING DEPOSIT REFUND 6/5/2026 037590 350.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 6/5/2026 037591 1,619.75
011857 JOSEPH GRADY
FITNESS EXP REI MB-JUN 26 6/5/2026 037592 50.00
Page2
29 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
004354 GREGGORY GUNDERSEN
FITNESS EXP REIMB-JUN 26 6/5/2026 037593 50.00
004448 BEAU HAMILTON
FITNESS EXP REIMB-JUN 26 6/5/2026 037594 50.00
004623 ERIC HAYNES
FITNESS EXP REIMB-JUN 26 6/5/2026 037595 50.00
004770 DAVID HEYNE
FITNESS EXP REI MB-JUN 26 6/5/2026 . 037596 50.00
012578 RAJHEIM HUNT
FITNESS EXP REI MB-JUN 26 6/5/2026 037597 50.00
005076 IBM CORPORATION
PROFESSIONAL SERVICES 6/5/2026 037598 99.00
005096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SERVICES 6/5/2026 037599 627.13
012184 PRESTON JACOBS
PROFESSIONAL SERVICES 6/5/2026 037600 200.00
005401 NICHOLAS JONES
CELL PHONE REIMBURSEMENT 6/5/2026 037601 75.00
VOID CHECK 6/5/2026 037603
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 6/5/2026 037602 9,670.39
005647 AUSTIN KLEIN
FITNESS EXP REIMB-JUN 26 6/5/2026 037604 50.00
005675 TYLER KNIGHT
FITNESS EXP REIMB-JUN 26 6/5/2026 037605 50.00
011716 RYAN KWIATKOWSKI
FITNESS EXP REIMB-JUN 26 6/5/2026 037606 50.00
Page3
30 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
012563 AUSTIN LOBSINGER
FITNESS EXP REI MB-JUN 26 6/5/2026 037607 50.00
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 6/5/2026 037608 238.07
012637 CINDY LUCATORTA
KEY DEPOSIT REFUND 6/5/2026 037609 10.00
012647 SARAH MARTA
KEY DEPOSIT REFUND 6/5/2026 037610 10.00
006497 JESSE MAYFIELD
FITNESS EXP REIMB-JUN 26 6/5/2026 037611 1,050.00
006958 MOORE & BOGEN ER
PROFESSIONAL SERVICES 6/5/2026 037612 8,207.00
007075 MUNICIPAL MTNC. EQUIPMENT
SUPPLIES 6/5/2026 037613 56.00
007133 N.C.G.T. SECURITY FUND
HEALTH INSURANCE PREMIUM 6/5/2026 037614 110,203.00
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 6/5/2026 037615 25.25
008182 QUADIENT LEASING, INC.
QUARTERLY LEASE 6/5/2026 037616 1,082.06
012166 SAMUEL RANGEL
CLEANING DEPOSIT REFUND 6/5/2026 037617 350.00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 6/5/2026 037618 1,784.30
011813 BRANDON SMITH
FITNESS EXP REI MB-JUN 26 6/5/2026 037619 50.00
012639 NICOLE SPARMAN
CLEANING DEPOSIT REFUND 6/5/2026 037620 350.00
Page4
31 NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
009971 DAVID STARKEY
FITNESS EXP REI MB-JUN 26 6/5/2026 037621 50.00
012410 MARJORIE TRUMAN
CELL PHONE REIMBURSEMENT 6/5/2026 037622 75.00
012642 SARAH VARGAS
KEY DEPOSIT REFUND 6/5/2026 037623 10.00
010856 VCA GATEWAY ANIMAL HOSPITAL
PROFESSIONAL SERVICES 6/5/2026 037624 439.71
011245 CINDY WHEELER
CELL PHONE REIMBURSEMENT 6/5/2026 037625 75.00
011858 ADAM WHELEN
CELL PHONE REIMBURSEMENT 6/5/2026 037626 75.00
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 6/5/2026 037627 75.00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 6/5/2026 037628 2,572.50
012574 XEROX BUSINESS SOLUTIONS
PROFESSIONAL SERVICES 6/5/2026 037629 271.53
011560 XYLEM WATER SOLUTIONS USA, INC
PARTS 6/5/2026 037630 43,214.80
06/03/26 ACH PERS $58,027.45 200,916.00
FOR PAYROLL ENDING 05/22/26
Pages
32 AGENDA ITEM
June 16, 2026, City Council Meeting
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Christy White, City Clerk
Date: June 16, 2026
lsuBJECT
Bi-annual Review of Conflict-of-Interest Code.
I RECOMMENDATION
The City Clerk recommends that the City Council:
Adopt a resolution updating the City Conflict oflnterest Code. !FISCAL IMPACT
There is no fiscal impact of this action.
I DISCUSSION and BACKGROUND
State law requires the City to review its Conflict of Interest Code every two years on even numbered years to ensure it is current. The City's Conflict of Interest Code was last updated on June 4, 2024, by Resolution No. 24.-25. The City Attorney and City Clerk have reviewed the current conflict of interest code with no new changes:
ITEM 6.3 PAGE1 6/16/2026
33 Staff recommends the Council adopt the existing Conflict of Interest Code for another two years.
I ATTACHMENTS
1. Resolution and Conflict of Interest Code.
ITEM 6.3 PAGE2 6/16/2026
34 RESOLUTION NO. 26-_
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANDERSON
ADOPTING REVISIONS TO ITS CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 81000 et. Seq. requires state and local government agencies to adopt conflict of interest codes and to review those codes in even numbered years to ensure that they are current; and WHEREAS, the Conflict of Interest Code now in effect in the City of Anderson has been reviewed and there are revisions needed to reflect current conditions in view of changes in employee titles and positions:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anderson that:
I. the Conflict of Interest Code attached hereto as Exhibit A and incorporated herein by this reference is hereby adopted; and
II. Only those officers and employees who are designated in the City's Conflict of Interest Code for the first time, if any, are required to file an initial statement as defined in the Code.
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
35 Exhibit A
CONFLICT OF INTEREST CODE
OFTHE
CITY OF ANDERSON
36 CONFLICT OF INTEREST CODE
OF THE
CITY OF ANDERSON
Adopted June 16, 2026
The Political Reform Act (Gov. Code Section 81000, et seq.} requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730} that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency's code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the City of Anderson (the "City").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov.
Code§ 81008.
37 APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF ANDERSON
Adopted June 16, 2026
38 EXHIBIT A
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18720, are NOT subject to the City's Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only.
Assistant City Manager
Finance Director
Financial Consultant
Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
39 DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Assistant Planner
Associate Planner
Building Inspector
Building Official
Chief Wastewater Treatment Plant Operator
City Attorney (not filing under §87200)
City Clerk
City Engineer
Community1Services Manager
Deputy City Clerk
Deputy Public Works Director
Director of Community Services
Finance Office Manager
Police Captain
Police Chief
Police Lieutenant
Public Works Director
Public Works Superintendent
Senior Building Inspector
Senior Planner
DISCLOSURE CATEGORIES
ASSIGNED
2, 5,6, 7
2, 5,6, 7
6 3, 5, 6
5 1, 2
2,4, 7
2,3,5,6
5 5
2,3,5,6
5 5
5 5
1, 2
5 2,6
2,5,6, 7
40 Support/Administrative Services Division Manager
MEMBERS OF BOARDS,
COMMITTEES AND COMMISSIONS
Building Board of Appeals
Parks & Recreation Commissioners
Consultants and New Positions2
5 1, 2
2,5
2 Individuals serving as a consultant as defined in FPPC Reg 18701 or in a new position created since this Code was last approved that makes or participates in maktng decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A dear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. {Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manger's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) 41 EXHIBIT B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.
Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City.
Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department, unit or division.
Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or division.
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
42 AGENDA ITEM
june 16, 2026, City Council Meetin~
Joe 1ty Manager
sented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: June 16, 2026
!SUBJECT
Side Letter to Memorandum of Understanding with the Anderson Police Management .,_ssociation (APMA) Contract
I RECOMMENDATION
Consider adoption of a Resolution approving a Side Letter to the Memorandum of Understanding (MOU) negotiated between representatives of the City of Anderson and representatives of the Anderson Police Management Association (APMA).
I FISCAL IMPACT
There is no additional fiscal impact from this side letter.
I DISCUSSION and BACKGROUND
At the April 7, 2026 Council meeting, City Council approved the Memorandum of Understanding (MOU) with the Anderson Police Management Association. One of the benefits negotiated and added was Article 26.4 which is the City participating in the PO RAC Retiree Medical Trust (RMT) and match employee contributions on a bi-weekly basis of $75 per pay period, limited to two (2) pay periods per a month.
When submitting the language in Article 26.4 to the PORAC RMT, they required an amendment to Article 26.4(b) sections 1 and 2 to remove the wording "hired by the ITEM 6.Sa PAGE 1 6/16/2026
43 employer on or after April 7, 2026, and" Which was language originally provide by the PORACRMT.
The side letter with the new language is attached and has been fully reviewed by PO RAC, as well as the APMA. Also attached is the only language within the MOU with the removed sentences highlighted in red.
I ATTACHMENTS
1. Resolution approving Side Letter.
2. Side Letter
3. Red Highlighted Changes
ITEM 6.5a PAGE2 6/16/2026
44 Resolution No. 26-_
A Resolution of the City Council of the City of Anderson Approving a Side Letter to the Memorandum of Understanding between the City of Anderson and Anderson Police Management Association (APMA)
WHEREAS, the City Council of the City of Anderson approved a Memorandum of Understanding with the Anderson Police Management Association; and
WHEREAS, the City Council agrees changes reflected in the Side Letter need to be made in reference to;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson, approves the agreed upon Side Letter with Anderson Police Management Association (APMA);
PASSED AND ADOPTED by the City Council of the City of Anderson on this 16th day of June 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
45 Side Letter Agreement
Between
The City of Anderson
and
Anderson Police Management Association
This document amends the current Memorandum of Understanding ("MOU") between the City of Anderson ("City") and the Anderson Police Management Association ("APMA"). This amendment supersedes the MOU, where in conflict as follows:
26.4(b) Payroll Contributions to the PO RAC Retiree Medical Trust. The City of Anderson will comply with rules and policies set by the Trust Office in regard to payment of contributions.
1. EmplQ,Yee Contributions. The City of Anderson will transfer a mandatory pre-tax employee contribution of $75.00 per pay period for each employee currently working in the bargaining unit represented by the Association. This contribution is limited to two (2) pay periods per month. As the same predetermined dollar amount will be contributed on each employee, no employee election forms designating the amount will be needed, allowed or requested; and there shall be neither an employee election to opt in or out of employee contributions, nor to determine the amount of the contribution.
2. Employer Contributions. The City of Anderson will transfer a mandatory pre-tax employer contribution of $75.00 per pay period for each employee currently working in the bargaining unit represented by the Association. This contribution is limited to two (2) pay periods per month.
This amendment will become effective on June 16, 2026.
All other provisions of the Memorandum of Understanding between the City of Anderson and the Anderson Police Management Association shall remain in full force and effect unless specifically modified or amended.
The parties hereto have caused this Side Letter Agreement to be executed this 16th day of June, 2026.
Signature to follow on next page
46 CITY OF ANDERSON APMA
Joey Forseth-Deshais, City Manager Eric Haynes, President Scott Bailey, Vice President
47 (b) Pa.xcwl Contributions to the PORAC Retiree Medical Trust The City of rill comply with rules and policies set by the Trust Office in regard to payment of 11S.
1) Emplqyee Contributions. The City of Anderson will transfer a mandatory retax em lo ee contribution of $75.00 er a eriod for each employe hired b the em lo er on or after A ril 7, 2026, an cuJTently working in the bargaining unit represented by the Association. This contribution Is limited to two (2) pay periods per month. As the same predetermined dollar amount will be contributed on each employee, no employee election forms designating the amount will be needed, allowed or requested; and there shall be neither an employee election to opt In or out of employee contributions, nor to determine the amount of the contribution.
2) Emplqyer Cqntrlbuttons, The City of Anderson wlll transfer a mandatory pretax em lo er contribution of $75.00 er a riod for each employe hired b the em lo r n r er A ril 7 2026 an currently working in the bargaining unit represented by the Association. This contribution is limited to two (2) pay periods per month.
3J Retirement Credit. The contributions shall be Included as salary for purpose of calculating retirement benefits.
4J Remittance of Emplwee and Employer ContributlQm. The contributions discussed in this section shall be paid by ACH transfer to the Trust's bank account in accordance with the rules set by the Trust Office.
SJ Deadline to Remit Employee and Emplqyer Contrihut;ons. The contributions discussed in this Section B shall be remitted to the Trust as required herein no later than 30 davs after the oavroll oavment date.
48 AGENDA ITEM
lune 16, 2026, City Council Meeting!
sented By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth•Deshais, City Manager
Date: June 16, 2026
I SUBJECT
Update of City of Anderson Personnel Rules
I RECOMMENDATION
The City Manager recommends that the City Council:
Adopt a resolution approving amendment to the City of Anderson Personnel Rules.
I FISCAL IMPACT
Fiscal impacts resulting from these updates are expected to be minimal and will vary based on staffing and operational factors. The proposed revisions largely codify existing practices and previously adopted City Council actions.
I DISCUSSION and BACKGROUND
In 1973, the City Council adopted Ordinance No. 291 establishing a uniform personnel system and Resolution No. 73-35 establishing Personnel Rules. The Personnel Ordinance was subsequently codified as Chapter 2.56 of the Anderson Municipal Code. Over the past fifty years, the Personnel Rules have been amended on numerous occasions through City Council action.
The proposed amendments to the Personnel Rules consist primarily of administrative updates, clarifying language, removal of provisions addressed through Memorandums of Understanding, ITEM 6.5b PAGE1 6/16/2026
49 and revisions intended to improve consistency with other City personnel policies and bargaining unit agreements.
Key amendments include:
• Uniform Allowance - Removed the section governing equipment provisioning, retention of City property, and annual uniform allowances that is currently falls under a memorandum of understanding (MOU).
• Certificate Pay - Added authority for the City Manager to approve additional certifications that provide significant benefit to the City for purposes of the 5% certificate pay incentive.
• Longevity Pay - Clarified eligibility language and established longevity pay increases of
2.5% after seven years of continual service and an additional 5% after fifteen years of continual service.
• Management Leave - Established a specific proration formula for newly hired employees, clarified annual payout procedures, and added provisions for recovery of unearned leave used upon separation from employment.
• Holidays - Updated Juneteenth as a recognized City holiday and clarified that the holiday schedule applies to employees not covered by a Memorandum of Understanding. This has already been adopted on an annual basis at the last Council meeting of each year for the following year.
• Vacation Accrual Cap - allow Management and Confidential employees the ability to accumulate up to 400 hours of vacation leave or two years of earned vacation accrual, whichever is greater.
• Vacation Cash-Out - Modified the vacation cash-out program to allow employees with a minimum balance of 80 hours to receive payment for up to 40 hours of accrued vacation leave each month, rather than limiting cash-outs to specific months throughout the year. • Bereavement Leave - Added a new Bereavement Leave section, replacing the former Funeral Leave provision and establishing employee eligibility for bereavement leave benefits consistent with state law.
I ATTACHMENT
1. Proposed Resolution
2. Personnel Rules Redline Edits
3. Personnel Rules
ITEM 6.5b PAGE2 6/16/2026
50 ATTACHMENT 1
RESOLUTION NO. 26-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
APPROVING AMENDMENTS TO THE CITY OF ANDERSON PERSONNEL RULES WHEREAS, in accordance with Chapter 2.56 of the Anderson Municipal Code, the City Manager recommends that the City Council adopt an update of the City of Anderson Personnel Rules; and
WHEREAS the proposed update incorporates previous resolutions approved by the Anderson City Council and reflects current practice,
WHEREAS, the Anderson City Council desires to adopt the recommended updated Personnel Rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and adopts:
(1) The amendments and additions to the City of Anderson Personnel Rules, attached hereto as Exhibit A
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of June, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
51 cnr of ANPEBSQN
PERSONNEL Ruu:s
Sl!m£CJ; PERSO,'-N il...B.!.!li:i
APtBQYEJ);
NuMBt;Ri
Em:rnYE DATE; lur:rn 2026
&!IlW..lll.II; Nor ApPLICABLE
SVP£RCEOES.: ALL PRINIOLJS WB,IJTfN All,OVlillfll\L lllRFOlfl{\ PERSONMEb RUbES
PREFACE
The Personnel Rules and the Personnel Ordinance, both adopted by the City Council, provide the basis for a sound, modem, and effective personnel system for the City of Anderson. By their adoption, the City Council has created a system that makes possible the appointment of the best qualified persons available to serve the City's residents, fair and equitable working conditions for all employees on the City's staff, and the retention and advancement of employees on the basis of their capabilities and performance.
The creation of a personnel system by action of the City Council does not automatically result in the City of Anderson having the improved plan of personnel administration provided for in the Personnel Ordinance and in these Rules. Such a system will only fulfill its purposes if diligently and properly administered and has the full support of all parties involved •· the Council, City Manager, department heads, and employees.
With the opportunity made available to the City of Anderson to conduct its personnel function according to the best principles of modern personnel administration as provided for in these Personnel Rules, the basis has been established for the successful future development of our City and for strengthening the administration of its affairs. • [ Formatted: Font: 14 pt, Bold, Small caPS, Not Expanded by/ ] c.ondensed by
Formatted: left, Widow/Orphan control, Hyphenate, Tab
stops: Not at 3.25"
Formatted: Tab stops: 3.25", Centered+ Not at •0.5"
52 RI.I.LE
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
xv
XVI
XVII
XVIII
CITY OF ANDERSON PERSONNEL RULES
TABLE OF CONTENTS
SUBJECT
GENERAL PROVISIONS
CLASSIFICATION PLAN
COMPENSATION PLAN
RECRUITMENT AND SELECTION
APPOINTMENTS AND CHANGE OF STATUS
PROBATIONARY PERIOD
RECORDING OF PERSONNEL ACTIONS
ATTENDANCE AND LEAVES
EMPLOYEE TRAINING AND EVALUATION
DISCIPLINARY ACTIONS
GRIEVANCE PROCEDURE
SEPARATIONS
EMPLOYEE BENEFIT PROGRAMS
RETIREMENT PROGRAM
ADDITIONAL OPTIONAL BENEFITS
HARASSMENT
DRESS CODE AND GROOMING POLICY
NEPOTISM POLICY
fAGE
1 3
5 9
11 14
15 16
27 28
30 31
33 34
35 36
44 47
Adopted by Resolution No. 03·87: Amended by Resolution No.'s: 03·93, 03·95, 04·11, 04-18, 05-58, 06-22, 06·53, 06-73, 07·22, 07·61, 08-17, 08·39, 08-59, 09-03, 09-63, 10-16, Jl.03, 12-60, 12-69, 13-05,15-10), ii
53 and Ordlnonc~ No.: 754
Iii
54 RULEI
GENERAL PROVISIONS
1. Fair Emp\Qyment
a. No question in any test, or in any application form, or by any appointing authority, shall be so framed as to attempt to illicit information concerning political or religious opinions or affiliations of any applicants or employees of the City. No appointment to or removal from a position shall be affected or influenced in any manner by political or religious opinions or affiliations.
2. Meet and CQnfer
a. The City Manager shall negotiate those matters, which are subject to the "meet and confer" process as specified under Section 3505 of the Government Code of the State of California.
3. YiolatiQD QfRutes
a. Violation of the provisions of these rules shall be grounds for suspension, demotion, or discharge.
4. Amendment and RevisiQn Qf Rules
5. a. Recommendations for amendments and revisions of these rules may be made by the Personnel Officer or by any interested party through the Personnel Officer. Proposed amendments or revisions shall be publicly posted for at least five consecutive days prior to consideration by the City Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions shall become effective upon adoption by resolution by the City Council following such hearing.
Department Rules
a. These rules do not preclude individual City departments from developing and administering supplemental personnel rules, so long as they do not conflict with these rules or other Council resolutions and ordinances.
6. SenjQrity
a. Seniority shall be defined as the employee's length of continuous uninterrupted service with the City since his/her date of hire.
b. Seniority shall be terminated by:
(1) Discharge for cause.
55 (2) Voluntary termination.
c. Subject to most qualified employee considerations, those employees with the greatest length of service shall be given preference in determining work schedules, vacations, appointments, promotions, transfers, and layoffs within the City's service.
d. There shall be established a separate seniority list for all employees employed as full-time and part-time and/or as temporary part-time.
7. Memorandum ofUnderstandini:
a. These rules are superceded by Memorandums of Understanding entered into between the City of Anderson duly recognized bargaining units of City employees, resolutions providing for changes to pay and benefits for Management and Confidential employees, and other employee groups. 56 1.
2. Establishment of Plan
RULE II
CLASSIFICATION PLAN
a. The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and shall recommend a classification plan for such positions. Upon adoption of the plan by the Council, the provisions of the classification plan shall be observed in the performance of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires.
Allocation of Positions
a. Following the adoption of the classification plan. the Personnel Officer shall allocate every position in the competitive service to one of the classes established by the plan.
3. Position Chanees
a. Whenever a department head proposes the establishment of a new position or makes a significant change in the duties and responsibilities of an existing position. the fact shall be reported to the Personnel Officer in the manner prescribed. If the City Manager recommends approval and the Council approves the establishment or change in the position, the Personnel Officer shall allocate the position to one of the existing classes or recommend the establishment of another class to which the position can be appropriately allocated.
4. class Iit\es
a. The official class titles shall be used in all personnel, accounting. budget, and financial records. No person shall be appointed to or employed in a position in the City's competitive service under a title not included in the classification plan.
3 57
5. Use ofCiassjljcatjon Plan
a. The classification plan is to be used:
(1) As a guide in recruiting and selecting candidates for appointment (2) In determining lines of promotion and in conducting training of employees.
(3) In determining salaries to be paid in accordance with the principle of equal pay for equal work.
( 4) In determining personnel service items in departmental budgets. (5) In providing uniform job terminology understandable by City officers and employees and by the general public.
4 58
1. Establishment of Plan
RULE Ill
COMPENSATION PLAN
a. The Personnel Officer, or a person or agency employed for that purpose, shall prepare a pay plan covering all classes of positions in the competitive service, showing the minimum and maximum rates of pay. The City Manager shall submit the proposed pay plan to the City Council. The Council shall adopt or amend the plan. Thereafter. no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.
2. Compensation Policy
a. In establishing the range in the salary schedule to which each class shall be assigned, the Council and the City Manager shall give appropriate consideration annually to:
(1) Maintenance of equitable relationships between classes based on their relative duties and responsibilities.
(2) The general level of rates paid in appropriate labor markets for comparable work under similar conditions of employment
(3) Current recruitment and retention experience.
I
3. Special Salary Adjustments
a. The City Manager may approve placement of employees at appropriate steps in salary ranges to:
(1) Meet difficult recruitment problems or to obtain persons with markedly superior qualifications.
(2) Correct salary inequities or give credit for prior service. (3) Recognize outstanding performance.
4. Overtime Compensation
a. Overtime is defined as:
(1) Time worked in excess of forty (40) hours in a workweek {2) Time worked on a holiday.
b. Overtime shall be computed to the nearest one-quarter {1/4) hour. Overtime compensation shall be paid at a rate equivalent to one and one-half (1 1/2) times the regular rate of pay.
s
59 c. With the approval of the City Manager and when necessary to perform essential work, a department head may require employees to work at any time beyond the basic workweek as set forth in Rule VIII. Employees required to work overtime compensation under Federal or State law shall be compensated as set forth in 4.b, above.
d. Employees occupying positions in the following classifications shall not be eligible for overtime compensation, it having been determined that the persons occupying such positions are performing bona fide executive, administrative, or professional duties and are exempt from the overtime provisions of the Fair Labor Standards Act Amendments of 1974:
EXECUTIVE LEVEL
As.~istant
~
City Manai:ernot wwd
~~
PubUc Works Director·
Fmance Picector
Development Services Director not used
Parks. & Recreation Director not used
A!isist~tl,'-Mtm.igef"
City Auorn,ey
Peli1ce Cllief
Mir. 'Nerks 01rect0r
~~
----------!IJ!l.·v(!¥}pnumt Se(,.,ic~-tme
Pa Fl(s & Re£ore;uh:1R g~
MANAGEMENT LEVEL
CilyClerk
P0Jicetama.in
Police ueutenam
Emance Office Manai:cr
Buildin" Official not used
Cbiet ww:reo~
Deputy Public Works Director
eublic Works Supecialendem
Citv Engineer 00111s.ed
Grants & Re:Jevelopment Manai:er not used
Suimort/Admimst:ratlveServices Division Manai:cr not used Co,mm.1.wi.iy .. S.e.1~~ 1..Mana&~L.®l.11..se.d
6 60
Police bielit!'filaftt
~OOtKeOffico~tanagE'F
---~--~elal _______ ...,t;,.. 1,.,1;,,_.f\....,'i'W'TP Ojl~..i~e.- ------- --tI:l:1E)e'iljl1t1!;1Wly PU~Mk~ Direclor
~~~M
-------'G~r~a~R~~n!!,&~~ger
SUfll)91't,1AdmiAi~O'illh·e Ser\lli:-es Oi•;jsloA Manager
CONFIDENTIAL EMPLOYEES
CONFIDENTIAL EMPLOYEES
Adminl:matjve Ass;s.taw not u.si:d
Depot;, City Clerk not used
Administrative Serykes Manager Public Works
Community F.Diilifmen! Manaier not used
lliuctornf Q.peratiorn: and Admiaistrationnot used
En11ioeerloi Seryirns Manajec not used
Deputy Director o[Developmem Servlce:s not used
OirmQLofDevelopment Services not used
AdmiAistrati•,e fl,ssistant
- ----1aD1eeD<fH1ty{rl~
(Reso No.'s: 10-16, 09-63, 08-39, 08-17, 07-61, 06-73, 05-58, 04-18, 03-95, 03-87, 02-69, 00- 69, 00-57, 99-24, 95-19, 95-2, 94-64, 93-62, 91-26, 91-7, 90-46, 89-35, 80-28, 80-2, 79-42, 76- 55) '
Yoifaro1 Allewaee-es
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a~prop riate badge, hat piK~ti!k-atimM!tl~-i-R&igJ1ia,-E;IE'4!•;e f)atehes, a not stld1, arHI a eepy efthe Peliee De~rtRieAt R11les aAd RegulaUens. !lfld Hef!@IHl!ldi-flltllfil pF8m&li&M,-61HpfJf8priek!-iffefMffltralillR &.1!'41 ool-lia.i' ,&M mat.im.igraa, .:ioo sletwe €'h@vl.'OIMi,
.,,\l~perty f!Rwided-lty O!lt Gity IS!wl-ieMll--4'-1-,erty ef thil Gty-of •
4,nders0R, al'IEI all sYch ~ · shall be sYrrMde~
effiJlloyment.
7 61
~11ifeM1. allowanee sliall ae gn'lnted en hdy 1 af eaeh year, aAd palEI with the first ~ht1€k---t---4heR>aft~"'"'-'tl!,11H!tlt!tie1Hsi4!e-+11'R1Mi9'St•·E !l+.l------1<1------ emp~-r~~rel.H0 \~t>ar~1N ~ 11a~0r thelr !".annal job ~h1tles. as ~
i;!iJlp&rr,/AdH1inistRMi¥B ~eP.1ii'i!<!i i:>i•1isio11 MaMgH Peliee l,ie1c1ten-aat
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llallee Ca~taiR
The 1,1,11if.erm aUewaneeshaU be established amr.1ally.
S.6. ¼:bide Allowance
a. In accordance with NCCSIF insurance requirements, the Assi5taRt Gity Manager;myenn1Joyee utUizi11111helr personal yetlkle for travel or city buslneu shall maintain personal automobile insurance at a minimum of $100,000/$300,000/$50,000 {bodily injury each person/bodily injury each accident/property damage each accident), said personal automobile insurance being used prior to City insurance in the event of any accident while driving on City business.
27. Certificate Pay
a. Noncontract management and confidential classification employees who possess and maintain job-required qualified certificates shall have their pay rate increase by an additional 5%. Qualifying job-required certificates are: a) State of California Wastewater Treatment Plant Operator, Grade 5, b) State of California Water Treatment Certificate, c) State of California Pesticide Applicator Certificate, d) State of California Commission of Peace Officers Standards Training Computer Aided Dispatch Instructor Certificate, <HW e) State of California Commission on Peace Officers Standards Training Management Certificate. and O any Olher certjfjcate whtch. In the: opinion of the CHy Maoa~w 1s of a..sianmwii hent!Ot to the Cit}:,
Loneevity Pay
a. ~t Mncb 9, 2025 the b.1~e sa)aey of ND,oncontract management and confidential classification employees who have c;ogtjnuaib(,_worked for the City of Anderson eoRtiR11011sly for seven (7) nars shall have their pay rate 8 62
increased by tw aod ooe•balf {2 5) i,mceot and at-least the completlon. of fifteen U5J_years shall have their pay rate increased by ftye (S) percent 5%; 1:19. Mana&ewent Leave
a. All employees designated as Management and Confidential Employees shall be entitled to eighty (80) hours of management leave each calendar year~ leave sh.ill be IIRlnlte-El aeeerdiR!l to the t,ln~e ef 5eF¥ice eaell )'UF. Such leave will be given at the beginning of each calendar year and wjll be prorated for new eml))wees at3 os hours per wi;Lreriod remainiae of the calenda,r )'f'.ac. b. Unused management leave shall not be carried over year to year. Following the end of each calendar year,,a~~~efttT«--t1J111R;;ep.llr-atiiefta--R1n ~~Y-iOOi all unused leave for that year will be paid.
£.__Management leave shall not be used to extend any annual vacation leave or other leave in excess of any limits associated with any authorized leave. e.d. Upon separation or retirement any leave utilized in excess or the blweekly accrual rate win be owed to the ut;r and either deducted fu>rn vacation ac-guals, or com:i,m1s;rtioo in the eowl0;'lfe's final paycheck. 9 Formatted: Ust Paragraph, Left, No bullets or numbering, Hyphenate, Tab stops: Not at o· + o.s63
1. 2.
General Policy
RULE IV
RECRUITMENT AND SELECTION
a. Competition for positions in the City service shall be open to all applicants who meet the qualifications established for the class of position applied for, if it is determined that the position will not be filled through promotion. Public notices shall be given at reasonable times prior to selections for nonpromotional vacancies.
Selection Methods
a. In making a selection from among applicants to fill vacancies, use may be made of written, oral, or performance tests. evaluations of training and experience, and combination of these, or any other forms or methods of evaluation that will determine fairly and thoroughly the qualifications of applicants. Investigations of the character, personality, education, experience, and physical fitness may also be made, as deemed appropriate.
3. EH~ibiHty to Compete
a. Competition for positions in the City service shall be open to all applicants who meet the qualifications established for the class of position to which the applicant has applied. Public notices shall be given at reasonable times prior to selections.
4. Promotional Examinations
a. Fitness for promotion within the City service shall be determined through competitive examinations open to all qualified employees to the City service.
Competition shall be limited to employees who meet the minimum qualifications for the class and who have demonstrated fitness in their present position as certified by their department heads.
s. Elii:ible Lists
a. The Personnel Officer shall maintain lists of candidates who have been determined to be eligible for selection. An eligible person's name shall be removed from the eligible list for any of the following causes:
(1) Appointment to fill a full-time permanent position in the class; (2) Expiration of one year from the date of establishing eligibility; (3) Evidence that the eligible person no longer meets the qualifications of the class; or
( 4) Request of an eligible person that his/her name be removed. 10 64
6. Certjficatjon otElieible Persons
a. Whenever a vacant position is to be filled, the responsible department head shall submit a request for names from the appropriate eligible list. The department head shall consider the candidates submitted and recommend a selection for approval by the City Manager.
7. Seniority List
a. There shall be established a separate seniority list for all employees employed as full-time and part-time and/or as temporary part-time. When all factors are equal, those employees with the greatest length of service with the City shall be given preference in determining the selection.
8. Medical Examinations
a. The Personnel Officer shall require a physical examination of any prospective employee, except for employees hired on an emergency basis, part-time employees who are employed in sedentary positions, and part-time Recreation Department Seasonal staff. However, these exempt prospective employees will be required to complete a confidential health questionnaire. b. Necessary documents indicating the prospective employee has been given a medical clearance shall be made a part of the personal history file of the individual in the Personnel Office, such file to be kept separate from the employee's regular personnel file.
c. The Personnel Officer may require a medical examination of a regular employee if, in his/her discretion, it is necessary to determine the employee's physical or mental ability to perform the duties of his/her employment classification.
u
65 1.
RULEY
APPOINTMENTS AND CHANGES OF STATUS
Types of A1212°intments
a. Vacancies in positions may be filled by reinstatements, transfer, promotion, demotion, appointment from an appropriate eligible list, or by an appointment of a person under provisional authority.
2. Reinstatement
a. Any permanent employee who has resigned from the City service in good standing may be reinstated to a position in the same or a similar class within one year from the date of separation on approval of the City Manager. The employee so reinstated shall receive one-half(l/2) credit for past time with the City for sick leave purposes.
3. Transfers
a. The City Manager may transfer any permanent or probationary employee from one position to another position in another related class, which has reasonably similar qualifications and the same compensation.
4. Probatjonacy A1212ointments
a. Probationary appointments shall be made with the approval of the City Manager from among those eligible on an appropriate list that indicate a willingness to accept the position.
s. Proyjsjonat Appointments
a. Provisional appointments may be made with the approval of the City Manager in the absence of eligible lists of persons who meet the minimum qualifications for the class. Within six months of the date of any such appointment, formal selection methods shall be conducted in accordance with Rule IV, 2, and an eligible list established for the class. The provisional appointment must be terminated within 30 days after the establishment of the eligible list
6. Emeri:eocy A1212ointments
a. Emergency appointments may be made first from an appropriate eligible list.
However, to prevent stoppage of public business, the City Manager may authorize emergency appointments for a period of not to exceed 30 days without regard to the rules on classification, selection, or certification. Service under emergency appointment shall not be credited for purposes of vacation. 12 66
sick leave, or salary adjustment.
7. Voluntary Demotions
B.
9. a. An employee that becomes physically or mentally incapacitated for the performance of the duties and responsibilities of his/ her position, or for other personal reasons, may request demotion to a position in a lower class. Such demotion may be permitted upon the approval of the City Manager.
Employee Anniversaiy Date
a. Each employee shall be assigned an anniversary date consisting of the day. month, and year of his initial appointment to the City service. , Employment Cate&acies
a. All personnel hired for positions within the City of Anderson will be placed at the time of selection in one of the following categories:
(1) Regular Employee: Personnel hired for employment to full authorized positions as set forth in the positional Classification and Compensation Plans. All such employees will be in a probationary status for the required period of time as set forth in Rule VI and will be retained in the City service upon receipt of a satisfactory performance review, recommendation by his supervisor, and approval by the City Manager.
Time spent in a temporary or part-time statu~ will be credited to the employee in computing the probationary period.
(2) Temporaiy Employee: Personnel hired for employment of a temporary nature to cover seasonal needs, emergencies, or special assignments not to exceed 960 hours in a pay status.
(3) Part-time Employee: Personnel hired for employment wherein hours of work are less than those prescribed in the basic workweek. Personnel hired on a part-time basis will be eligible for vacation and sick leave after the completion of960 hours in a pay status.
b. Personnel hired into the City service to fill authorized positions will be further categorized as follows:
(1) Full-time Regular: Hired to fill an authorized position with hours of work conforming to the basic workweek.
(2) Probationary: Hired for a full-time position of indeterminate duration. (3) Part-tjme Regular: Hired to fill an authorized position with hours of work to be less than the workweek. Employee is eligible for benefits on a prorated basis and receives credit for service, if reclassified. (4) FuH-time Temporary: Hired to cover a seasonal, emergency, or special assignment on an B hour per day, 40 hour per week basis. Length of employment will be for a specific period of time not to exceed 1000 13 67
10. hours. Personnel in this category will not be eligible for vacation or sick leave.
(5) Temporacy Employee: Hired to cover a seasonal, emergency, or special assignment Personnel in this category will be hired for a specific period of time and will work less than 40 hours per week. not to exceed 960 hours. Personnel will not be eligible for vacation or sick leave; if reclassified to probationary status, benefits will be credited after 960 hours.
(6) Part-time Employee: Hired to work less than full-time and will not be eligible for benefits or receive credit for service if reclassified.
Pay Rates FollowioK Promotion
a. An employee receiving a promotion shall be entitled to the rate of pay at the range in which the employee is being promoted, and at the step which is next higher to the employee's present wage rate, but not less than five (5) percent higher, and in any event not more than the top wage rate of the new classification. A new anniversary date for the purpose of annual performance evaluations and future merit step increases shall be established as of the effective date of the promotion regardless of the step in which the employee is placed.
14 68
RULE VI
PROBATIONARY PERIOD
1. General Requirement
2. a. All original and promotional appointments in the competitive service shall be subject to the serving of a probationary period, which shall be considered a part of the selection process. The probationary period shall be six months in length, except for Police Officers, which shall be one year in length. The probationary period may be extended for an additional six months in order to allow the City more time to review the employee's performance prior to attaining regular status.
Reports of Performance on Probationers
a. The department head of a probationary employee shall file with the Personnel Officer a report of performance at the end of the third and sixth months for each employee serving a six month probationary period and at the end of the third, sixth, and twelfth month for those serving a one year probationary period. Copies of these performance reports shall be given to the employee, and it shall be the duty of the department head to discuss the reports with the employee and to provide the training and assistance as may be helpful for the employee to achieve the required standards of performance. The employee shall be considered to have satisfactorily completed his probationary period and have acquired permartent status if the report of performance filed at the end of the probationary period is favorable. Notice of acquiring permanent status shall be given the employee.
3. Termination of Probatjonacy Employees
4. a. It shall be the duty of the department head to recommend at any time during the probationary period termination of a probationary employee if his conduct, capacity, moral responsibility, integrity, or work performance is found to be unsatisfactory. A recommendation containing reasons for the termination shall be forwarded to the City Manager for final review and appropriate action.
Reinstatement to Former Position
a. A permanent employee who vacated his position to accept a probationary appointment in a position of a higher class and who was terminated during the probationary period shall have the right of reinstatement to his former position unless unusual circumstances prevail.
ts
69 RULE VII
RECORDING OF PERSONNEL ACTIONS
1. Required Reporting
a. Each department head shall report promptly to the Personnel Officer such information as is required in connection with each appointment. separation, or other transaction affecting the status of positions or employees in the competitive service. Such reports shall be prepared in the manner and on the forms prescribed by the Personnel Officer.
2. confidential Records
a. Employee personnel records are considered confidential and not open to the public. The personnel record of an employee shall at all times be available for review by the employee.
16 70
1. Workweek
RULE VIII
ATTENDANCE AND LEAVES
a. A workweek is defined as seven (7) consecutive calendar days, Saturday at 12:00 a.m. through Friday at 11:59 p.m., and a basic workweek is defined as five (5) consecutive workdays of eight (8) hours each, or as stated in the Memorandums of Understanding. The basic workweek may begin on any day of the week or any hour of the day during the workweek.
2. Holidays
(1)
a.
Uudei:sranding
Holidays granted
are as
to
follows:
City employees nin coyer~ ~
_ J.....__J;u1.1ti1.r:x..L..kuow.n..fili~~,1u..QaX:
~ lhiL.d Monday in laovand s,nown as. ".PL Maain,Luther KiD¥..JL:s h.i.ahda.Y" 3 February 12. known as Lin coin· s Birthdav"
4. Third Monday lo Eebruar:y. known as Wasbmaton's Birthday"' S Last Monday ia May, known as "Memorial Day
6 lune J 2th known as (uneteemb
7. luly 4, known as ~Independence Day· 8 First Monday io September known as "l.abor Day" 9 ~ ~e'.'..QJ1.l,U"•1Q.Wl.!dll. Oill!l>.u:...lm.o.»:n..il s Co1umhu s D.u.,"
10. November 1 l. known as "Veterans Day"'
U. Ibank~giying Day
l 2, The day {oHowin\l ThanksW'm&.D.i!X
J l, lhe}N,Orkdaybefure Christmas Pav
H. December, 2:;. known as Christmas Day"
Jl5 Employee's Bidhdav
l~l'IYilf)' 1, k-AOwt: a~ Nt>w ¥ear's Pay.
------t(~2+)- -tThffl·~a}'-tll--J,m\lary. llllewn ~s ()r. MartiA b11tller KIAg, 1r:s Bi~,
- - - --+-,~r-y-ll.k-~ii:tM:ly.
(1) Thin;! ~hmday iA Febrn01,7, lrnowA as 'l/ashi1lgto~'s lilirth~ay. {S) bl'ISl M9nd~y,, knO'l'l<'ftairM~
~ ,}uly-4.ffll&[email protected]~Dav,
(7) ~irst Monday hi ~~tl'mbef, lm0wA as baber l)at'-
____ _,(f.f!8,1-) - -ag«olld t·10F1day.jfl October, kn-0w~olutl1~ -f'}t- 4'16~4-Mt-~~
----+(IHOHJ-~Te-Dhank5gi11h:ig llay.
(11} TAe day killew~
-fl~- -Th~y ll-e~Rlt bhr~~
17 71
( 13) Deeem eer 2S.-kAown-a.-.-Christmas Oa~.
- {-¼4}- ---6~1-0~ Birthday,
b.
C.
(i) When a holiday falls on a Saturday, the Friday immediately preceding shall be a paid holiday.
(ii) When a holiday falls on a Sunday, the Monday immediately following shall be a paid holiday.
Holiday Pay
For each such holiday, when not worked, an eligible employee shall receive eight {8) hours' pay, or as stated in the Memorandums of Understanding, at his regular straight-time hourly rate. For each such holiday in fact worked, an eligible employee shall receive eight (8) hours' pay, or as stated in the Memorandums of Understanding. at his/her regular straight-time hourly rate plus time and one-half (11/2) pay for all such hours actually worked.
Elh:ibHity Requirements
In order to be eligible for holiday pay, the employee must work the full scheduled working day immediately preceding and immediately following the holiday, unless on vacation, paid leave, or scheduled to be off. This section shall not be construed to make employees on layoff eligible for holiday pay. d. Holiday Durini: \lacatjon
When a holiday falls within an eligible employee's approved vacation, he shall receive the appropriate holiday pay.
e. Employee Birthday
An employee, with the approval of the department head, may observe the holiday designated as employee's birthday on the employee's birthday; or the holiday may be deferred and scheduled in the same manner as vacations are normally scheduled.
f. Columbus Pay Holiday
The holiday know as Columbus Day shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled and must be taken off within the fiscal year earned.
3. Vacations
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a. All regular City employees shall be entitled to annual vacation leave, with pay, according to the number of continuous full calendar years of employment based upon the following scale:
1 through 4 full calendar
years of continuous service
5 through 9 full calendar
years of continuous service
10 through 14 full calendar
years of continuous service
For each full year of service
after fourteen (14)
continuous years of service
(beginning in the 151
h year)
10 working days
15 working days
20 working days
employees hired prior to
August 17, 1999, shall be
granted an additional eight (8)
hours accumulation of vacation
in addition to the 20 days
b. The times during a calendar year at which an employee may take his annual vacation leave shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service.
However, no employee shall be absent on annual vacation leave in excess of 20 consecutive working days without the expressed authorization of the City Manager. No accrued vacation time may be used prior to completion of six {6) months of City employment. Vacation leave must be taken in units of not less than one hour at a time.
c. A-111.a-xin-.ef I.WO (2) ~rs et vaeaEi8n-armnnootien~ft'~,any ~ Non•contract Manaaement and Confidential employ,ees shall be pJ:rrnitttdJ:o acm.11: and maintain a vacation leave balance of up to 100 hours 1nJmto two (2) years of earned yagtjon accrual, whi~er~ .. --4._The City will, at each management and confidential employee's option• wheoe¥er an em11l2yee has accw~ .~miu or mQrt of vacarion lea11!l', the:.ernployee,rna,y, auheir option reguw compensation for up to fut;ty (4:0) b@Gi of accumulated vacation leave on a monthly basis Cornnensatlon 0-,q,u?sted under this sectjon shall bit paid on the second uayron oftbe month.duru,g 111e months ar ~-=fw~@j;~~
eighty (811} he\lrs ef amomdate~ \'aeatieR per fisei}I ,)'ear. (empe11satl8n ~mder U1is se«:iefl shall be l)a:lli 011 the seeenEI pa)' perled d,
4. Sick Leave
19 Formatted: Numbered + Level: l + Numbering Style: a, b. c, __ + Start at: 4 + Alignment:, Left + Aligned at: o.s· + Indent at: 0.75"
f Formatted: Indent: Left: 0.75", No bullets or 2_umbering J 73 5.
a. Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of eight (8) hours per calendar month. b,. Sick leave shall be allowed for a non-work related absence due to the inabilityof an employee to be present or perform the employee's duties because of personal illness, off-duty injury, confinement for medical treatment, or serious illness or disability of a member of the employee's immediate family up to a maximum of twenty-four (24) hours. Immediate family as used herein shall be defined in Rule VIII, 5, a. Whenever any employee is entitled to receive sick leave with pay and also disability insurance benefits, sick leave compensation shall be added to all disability insurance benefits up to a maximum of full pay; but in any event, the combination of sick leave compensation and disability insurance pay shall not exceed one-hundred percent (100%) of the employee's regular pay rate.
c. Where management believes there is an abuse of sick leave, management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee's former position without hazard to himself, or to fellow employees.
d. If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave.
~ The City will, for each management and confidential employee with at least 25 years of service with the City of Anderson, at each such employee's option made by October 31 of each year, cash out up to 80 hours of accumulated sick leave at a rate of one-half of the employee's normal rate of pay, to be paid as part of the employee's second paycheck in November.
a. Rer,utar a,'IEJ prnbatienary empl8)'ees ,,.,,hfhlfe absel'lt fn.im 1,1erlt d1;1e ta U~e death ,el'. il--m~ « -the-- -,le~ ''tmmediaffl. .f.t~' aOOIY- -RK'tN:W mmpens..'lOOIH-aH"-umulated-5WHe.:i~,it'-.la.)'r<lt-tlt.e-r~ pay for tile time Ree-essaf'Y to be abserlt frem •JJei'k, l111t n0t ta e!'la!t:.!8 t·Wt:.!IHY Mtf'~~~~mediut~m~1sed hefeil'I lndttdt"& en-I,<
em,!~ spewsei -€~. ~Sr- ~ ~en ~h~.o,;
stej,l~ar@1Us, p.aren~ in la~". graRdrhlhlreR .. al'ld gFaHd!Ja~. --.u~... ihe-4:ilY ~4ana@eF~ ~Utt1\.Em1l l1Nt¥e ffll1l'l 6kh hia;,e ,red~t-srlr 20 ( For,natted, Indent: Left: 0.5", No bullets or numbenng j · r Formatted, Font color: Red, Strikethrough
74 Bereavement Leave
a,:MY.· All employees are entitle<! to five (5) work days of unpaid bereavement leave WL..fill immediate __wnjl,y__memheJ" as <kfin"11 io .this-~Qion. Emplovees may w;eive oompensation.Irnm accumuJ;md sick leavel>eoefits, if any at the,re~~.kl.Ubt tinie nece~sary to be absent from work Bereavement leavt: niwd not 1w taken in ron,secuti~~~~hut must he used up wOhln three month~ of the date of the death of the immediate family membex:i "Jmmedjate fami!v· a~ used herein includes only employee's spouse, domestic partner, children stepcbildceo iomdchildreo sibHni, parents sieuoarents, parents·Lo•law. ;;uid ~randparents. The city may request prool of death which. iimule~..bf,Jll'9j(LdeilllltbiD-thiirtv f30hl.m or the first day ofben:a'il:mW: 11we, b 1£i!: The City Man;uier may arant additlonal bcreavementle,1111: Jrom sick I~ cc.t,dits. if any, where ~peci;ll rir,;:um~tance~ warrant.
6. Leave of Absence
a. Leave of absence without pay may be granted to regular employees by the City Manager for urgent and substantial reasons. up to a maximum of one (1) year, providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. b. A leave of absence with pay shall be granted to a City employee who serves on a jury or as a witness for the Federal Government, State of California, or a political subdivision thereof. In such cases, the employee shall be paid his/her regular salary, and jury fees he may receive from the court shall be remitted to the City, except pay for travel and meals.
c. Military leave will be granted in accordance with State law. d. An employee who is absent from duty for any reason shall report the reason thereof to his/her department head or the City Manager immediately on the day of absence or before. if possible.
e. All unauthorized and unreported absences shall be considered as absences 21 75
without leave and a deduction of pay shall be made for each period of such absence. Voluntary absence without leave for five (5) consecutive working days shall be considered as an automatic resignation from City service.
7. Management Leave
a.
b.
C.
<l
All employees designated as Management and Confidential Employees shall be entitled to ten {10) working days management leave each calendar year, Such leave shall be prorated according to the time of service each year.
Unused management leave shall not be carried over year to year. Following the end of each calendar year, at the time of retirement, or upon separation from the City service, all unused leave for that year will be paid.
Management leave shall not be used to extend any annual vacation leave or other leave in excess of any limits associated with any authorized leave. bfaoaeement Leave wm ad@ioru!Uy comru,v wjth BuleJlbectjon 8...of thls ~
a. Catastrnpbic Leave
a. All employees designated as Management and Confidential Employees, or represented by the General Teamsters, Profession~], Health Care and Public Employees Local 137, or represented by the Anderson Police Officers Association. or ri:i;,resenred by the Anderson Police Mana11er:s As:;osclation are eligible for Catastrophic Leave. b. Catastrophic Leave is intended to provide an eligible employee authorized paid time-off through voluntary donation of management leave, comp time earned and/or vacation hours.
c. Donated leave must be specifically designated for the employee who has been approved for Catastrophic Leave.
d. Catastrophic leave may not exceed six (6) months and must be used within one (1) year of the date of the application is approved.
e. Only one request for Catastrophic Leave will be approved in a twelve (12) month period. The recipient will not accrue Compensatory Time Off (CTO), holiday and seniority upon receiving Catastrophic Leave. f. While using Catastrophic Leave, the employee must prepay the employee portion of the cost of the Health Benefit premium if they wish to continue this 22 76
benefit.
g. The Personnel Officer sha II provide a copy of the Catastrophic Leave Policy and any required forms to an employee interested in participating in the Catastrophic Leave Program.
h. Employees must follow the established Catastrophic Leave Policy per Resolution No. 06·22. Any request for exceptions to the established policy must be submitted to the City Manager for review and approval.
9. Family And Medical Leave
The City provides Family and Medical Leave in accordance with state (the California Family Rights Act - "CFRA") and federal (the Family Medical Leave Act - "FMLA") leave laws.
Basis for Family and Medical Leave: Family and Medical Leave may be taken for the birth of the employee's child, the placement of a child with the employee for adoption or foster care, to care for the employee's spouse, child or parent who has a serious health condition, or for a serious health condition that makes the employee unable to perform his/her job. Leave can also be taken for certain military-related reasons as further detailed below.
Eligibility: To be eligible for Family and Medical Leave, an employee must have at least 12 months of service with the City and must have worked at least 1,250 hours during the 12-month period preceding the date the leave is to begin. An employee must also work at a location that employs SO employees within a 75-mile radius.
Duration: Except as provided below with regard to certain types of military-related leave, employees may take up to a maximum of twelve {12) workweeks of Family and Medical Leave within a 12-month period. The City uses a "rolling" 12-month period to determine an employee's eligibility for leave. The 12-month period is measured backward from the date an employee uses any family leave.
Leave may be taken intermittently (in blocks of time or on a reduced-time schedule) if the leave is for the serious health condition of the employee or the employee's family member awl if such intermittent leave is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is one hour.
Any leave taken for the birth, adoption, or foster placement of a child must be taken within one year of the birth or placement of the child with the employee. Where CFRA leave is running separate and apart from FMLA leave (such as CFRA leave following pregnancy disability/FMLA leave), the minimum duration for leave taken 23 77
in connection with the birth. adoption or foster care placement of a child is two weeks, except that the City shall grant a request for CFRA leave of less than two weeks on any two occasions during the one year period following the birth or placement of the child with the employee.
Procedures: Please contact your immediate supervisor as soon as you become aware of the need for Family and Medical Leave. If the leave is for the birth, adoption, or foster placement of a child, or for planned medical treatment for a serious health condition of the employee or family member, the employee must provide at least 30 days' advance notice before the leave is to begin. If 30 days' notice is not possible, notice must be given as soon as practicable. For any planned medical treatment, employees must consult with their supervisor regarding the need for leave and must make a reasonable effort to schedule any treatment so as to minimize disruption of City operations. Actual scheduling is, however, subject to the approval of the patient's health care provider.
If the leave is needed for the employee's own serious health condition, the employee must provide a certification from the health care provider stating:
1. the date of commencement of the serious health condition;
2. the probable duration of the condition;
3. that the employee is unable to work at all or is unable to perform any one or more of the essential functions of his/her position because of the employee's serious health condition.
The City will require certification by the employee's health care provider that the employee is fit to return to his/her job.
If the leave is needed to care for the serious health condition of a family member, the employee must provide certification from the health care provider stating:
1. the date of commencement of the serious health condition;
2. the probable duration of the condition;
3. an estimate of the amount of time that the health care provider believes the employee needs to take in order to care for the child, parent, or spouse; and
4. confirmation that the serious health condition warrants the participation of the employee.
If the Family and Medical Leave request is for the employee's own 24 78
serious health condition and the City has reason to doubt the validity of the medical certification provided by the employee, the City may require, at its expense, a second opinion from a health care provider designated by the City. The health care provider designated by the City will not be one who is employed on a regular basis by the City. If the second opinion differs from the first opinion, the City may require, at its expense, that the employee obtain a third opinion by a health care provider approved jointly by the City and the employee. The third opinion shall be considered final and binding on the City and the employee.
Recertification may be required if the employee requests an extension beyond the original certification.
Compensation and Benefits:
While receiving wage replacement benefits: For any period of time that an employee is eligible for and is receiving wage replacement benefits under any type of disability benefit plan (i.e., short- or long-term disability benefits, SDI (if eligible), and/or workers' compensation benefits), the employee is not required to use accrued sick leave, vacation, management leave, compensatory time off, or any donated catastrophic leave in connection with his or her Family and Medical Leave.
The employee may, however, choose to supplement these forms of wagereplacement payments with accrued paid leave on a pro rata basis at the employee's election, so long as the employee's pay does not exceed their normal wage.
While on otherwise unpaid leave: If an employee is on Family and Medical Leave for his or her own serious health condition, the employee must use any available sick leave and/or donated catastrophic leave during the leave; during leave for his or her own serious health condition, the employee has the option of whether to use other forms of paid leave, including vacation, management leave, and compensatory time off. lfan employee is on Family and Medical Leave to care for a family member with a serious health condition, the employee is required to use accrued sick leave and any donated catastrophic leave to the extent allowed by other City policies (i.e., kin care) and is required to use any accrued vacation or management leave. If an employee is on Family and Medical Leave to bond with a new baby, the employee must use all accrued sick leave and vacation (to the extent allowed by other City policies - i.e., sick leave) and is required to use any accrued vacation or management leave. Once all sick leave and vacation is exhausted, Family and Medical Leave will continue on an unpaid basis for the remainder (if any) of the available 12-weeks.
Any family and medical leave, whether paid, unpaid, or a combination thereof. will be counted toward the 12-week leave entitlement. During any period of unpaid leave, employees will not continue to accrue sick leave, vacation, or any other forms of paid time off and will not be paid for holidays that occur during the leave.
An employee taking Family and Medical Leave will be allowed to continue 25 79
participating in any health and welfare benefit plans in which he/she was enrolled before the first day of the leave (for up to a maximum of 12 workweeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. The City will continue to make the same premium contribution as if the employee had continued working. and the employee is expected to continue to pay his or her share of the monthly premiums. The continued participation in health benefits begins on the date leave first begins.
Employees are eligible for a maximum of 12-weeks benefits continuation during any 12-month period. If leave lasts longer than 12 weeks, then the employee will be placed on COBRA and can opt for continued coverage at his or her own expense. An employee who does not return from leave may be required, under certain circumstances provided by the law, to reimburse the City for any employee contributions paid by the City while the employee was on unpaid leave.
Servicemember Family and Medical Leave. Eligible employees are entitled to "servicemember Family and Medical Leave" in the following instances:
Military-Related Leaye. Eligible employees with a spouse, child, or parent on active duty or called to active duty in the National Guard or Reserves in support of a contingency operation may take up to the normal 12 weeks of leave because of any "qualifying exigency." For purposes of this policy, "qualifying exigency" includes; (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) finance and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional activities agrbed to by the employer and the employee. This leave is available only tb families of servicemembers in the National Guard or Reserves - not to families of servicemembers in the Regular Armed Forces.
Military Careeiver Leave. An eligible employee who is the spouse, son, daughter, parent. or next-of-kin of a covered servicemember (includes a current member of the Regular Armed Forces as well as the National Guard or Reserves) may take up to 26 weeks of leave within a twelve-month period to care for such a servicemember with a serious injury or illness incurred in the line of active duty. For purposes of this type of leave, the 12-month period begins on the first day the employee takes leave for this purpose and ends 12 months thereafter. This leave entitlement applies on a per-covered servicemember, per injury basis. Leave to care for an injured or ill servicemember - when combined with other FM LA-qualifying leave - may not exceed 26 weeks in a single 12-month period.
Amount of Leave.
• For a qualifying exigency, an employee is entitled to a maximum of 12 weeks leave (when combined with leave for any other qualifying reason) in accordance with the rolling 12-month period measured backward.
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• To care for an ill or injured servicemember, an eligible employee is entitled to a combined total of 26 weeks of leave for any FMLA-qualifying reason during the single 12-month period that starts when the leave begins. During this 12-month period, an employee is entitled to no more than 12 weeks of leave for any qualifying reason other than caring for a servicemember.
Other Military Leave Entitlements. The City also complies with any applicable leave entitlements provided by any state or local law. Where allowed, military leave under this policy runs concurrently with these other leaves.
Procedures. Please contact your immediate supervisor as soon as you become aware of the need for any type of servicemember Family Medical Leave. Except in the case of exigency leave for short-notice deployment, the City requires certification of the need for leave and will provide an employee requesting servicemember leave with an appropriate form to complete and return.
Concurrent Leaves: In most cases, Family and Medical Leave will count concurrently against an employee's entitlement to both FMLA and CFRA leave. This means that most eligible employees taking Family and Medical Leave will exhaust their entitlement to protected leave under both FMLA and CFRA at the same time, with the following exceptions:
1. An employee's own incapacity due to pregnancy, childbirth, or related conditions will be counted against an employee's entitlement to FMLA as a serious health condition, but not against CFRA leave.
2. Exigency leave will be counted against an employee's entitlement to FMLA, but not against CFRA leave.
3. Military caregiver leave will be counted against both FMLA and CFRA for up to the first 12 workweeks of leave if the servicemember is a family member covered by CFRA (in other words, a spouse, child, or parent). If, on the other hand, the servicemember is a 'next of kin' (not covered by CFRA), the leave will count against an employee's entitlement to FMLA, but not against CFRA leave.
4. Leave taken to care for a registered domestic partner with a serious health condition will be counted against an employee's entitlement to CFRA leave, but not against FMLA leave.
Family-care leave may also run concurrently with a leave of absence covered by workers' compensation or short-term or long-term disability, where such leave of absence is taken for a condition that qualifies as a serious health condition.
Reinstatement: Upon return from a Family and Medical Leave, an employee will be 27 81
reinstated to his/her original position or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on Family and Medical Leave would have been laid off had he/she not gone on leave, or if the employee's position has been eliminated during the leave, then the employee would not be entitled to reinstatement. An employee's use of Family and Medical Leave will not result in the loss of any employment benefit that the employee earned or was entitled to before the leave.
As stated above, when an employee takes leave on account of the employee's own serious health condition, the City requires certification, prior to reinstatement, by the employee's health care provider that the employee is fit to return to his/her job.
Reinstatement may be denied to certain salaried "key" employees. Such employees will be notified of this possibility at the time the leave is requested.
If an employee fails to report to work promptly at the end of the Family and Medical Leave and fails to obtain approval for an additional personal leave of absence, the City will treat the failure to return as a voluntary resignation. 28 82
• 1.
.
2. RULE IX
EMPLOYEE TRAINING AND EVALUATION OF PERFORMANCE
Assignments of ResponsjbiHty
a. Each department head shall be responsible for the proper orientation. on-thejob training. and continuing development of each employee in his department.
The Personnel Officer shall cooperate with and assist department heads in carrying out this responsibility and in arranging for any special training needs.
Time for Training
a. Training to improve the quality of work of an employee in his present position shall be considered City business and may be conducted during or after working hours. Training to prepare for promotion shall be on the employee's own time.
3. Tuition Reimbursement
• 4.
• 5.
a. School training. which will be beneficial both to the employee and the City, may be recommended by the department head and approved by the City Manager for tuition reimbursement.
b. Tuition shall coincide with thf Tlutlon .Bwn~~enLPoUt;y.,pe.,t,em-.1:J.~ fur Moo,agement--4~1i~11ti.alc efllllloy,eei; .f~pp~be-Q~ MaMgefiil--iifiy-pe-t (Stm) af hJitl\,il'I. but ,m ta eiEeeetl full ~1*ian Easts at (alif.ef11 I ;1 Slat@. C hit:t:1. l.~prn•,•ed-eeu~e-W&Ahl~llege;ltHt faltfemia Sro~rs1ty~hal~b.-fti~lflbttl-6ed,
Evaluation of Employee Performance
a. Each department head shall make an annual evaluation of all regular employees in his/her department in achieving the standard of work performance required. This evaluation shall include a discussion between the department head and the employee for the purpose of determining goals and evaluation progress toward better performance and personal development. A memorandum record of the results of these discussions shall be submitted to the City Manager.
Safety Policy
a. The established Injury and Illness Prevention Program is applicable to each employee and department. This program is updated periodically to stay current with regulations with changes approved by the City Manager. 29 { Formatted: Font: 8 pt
{ Formatted: Font: 8 pt
{ Formatted: rvnc: a 11'1
I Formatted: Font color: Red, Strikethrough
~ atted: Folll: 8 Pl
83 RULEX
DISCIPLINARY ACTIONS
1. General Authority
a. A regular employee may be suspended, demoted, or dismissed whenever, in the judgment of the City Manager, the employee's work or conduct so warrants.
2. Warnin&s and Reprimands
3. 4.
5. a. Whenever employee performance falls below the required level or when an employee's conduct falls under one of the causes for action listed in Section 5 below, or in the appropriate Memorandum of Understanding under "Employee Discipline," his/her department head shall inform him/her promptly and specifically of such lapses. If appropriate and justified, a reasonable time for improvement or correction may thereafter be allowed before any further disciplinary actions are initiated. In situations where an oral warning has not resulted in the correction of the condition or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy transmitted to the City Manager.
suspensions
a. In those cases where one or more written reprimands has not proved to be effective, or where the seriousness of the events or conditions warrants it, an employee may be suspended without pay by his/her department head, with the approval of the City Manager, for a period not to exceed 30 calendar days for each offense for any cause listed in Section 5 below.
Demotions and Dismissals
a. When other forms of disciplinary action have proved ineffective, or where the seriousness of the offense or condition warrants it, the City Manager may authorize the demotion or dismissal of an employee for any cause listed in Section 5 below.
Causes for Action
a. Appropriate disciplinary action may be taken for any of the following causes, or as listed in the appropriate Memorandum of Understanding under "Employee Discipline."
(1) Incompetency, inefficiency, or negligence in the performance of duty. (2) Chronic physical or mental incapacity to perform the work of the position with or without reasonable accommodation.
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(3) Insubordination, constituting a serious breach of discipline. ( 4) Notoriously disgraceful conduct.
(5) Unauthorized absence or abuse of leave privileges.
(6) Acceptance of any valuable consideration given to influence the employee in the performance of his/her duty.
(7} Falsification of an application or of any City record. (8) Use of his/her official position for personal advantage. (9) Willful violation of the provisions of law or of these rules.
6. Appeal Process
a. Any regular employee in the competitive service who has been suspended, demoted, or dismissed shall be entitled to appeal such action to the City Manager in accordance with the following procedure, or as noted in the appropriate Memorandum of Understanding under "Employee Discipline." (1} Within ten (10) days of the receipt of a written notice for his/her suspension, demotion, or dismissal, the employee may submit his appeal in writing to the City Manager.
(2) Within ten (10) days following the receipt of the appeal from the employee, the City Manager will give consideration to the matter and inform the employee in writing as to whether the action of suspension, demotion, or dismissal has been affirmed, revoked, or modified. The decision thus communicated shall be final.
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RULE XI
GRIEVANCE PROCEDURE
1. Consideration of Grievances
a. This procedure is established in order to provide adequate opportunities for City employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction. The procedure set forth below shall apply to all employees' grievances, except those related to the disciplinary actions covered by Rule X or those covered by the Memorandums ofUnderstanding.
b. Procedure
(1) In any instance of grievance, the employee concerned shall first make efforts to resolve such grievance with his/her department head. (2) In the event such efforts as are specified in (1) are not productive of a settlement satisfactory to the employee, he/she may submit his/her complaint in writing to the department head.
(3) Upon receipt of the written statement, the department head shall make such investigation as required and reply in writing to the employee within ten (10) working days a~er receipt of the statement from the employee.
(4) If the employee wishes to discuss the grievance further, he/she shall within three (3) working days of the receipt of the reply from the department head submit a written request for a meeting with the City Manager.
(5) The requested meeting will be held by the City Manager at the earliest date possible at which the employee, the department head, and any other persons invited by the City Manager, the employee, or the department head may be present. The decision made by the City Manager as the result of the findings and conclusions determined at this meeting shall be communicated to the employee within three (3) days following the meeting and shall be final.
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1. 2.
Resii:nations
RULE XII
SEPARATIONS
a. A regular employee desiring to resign from the City service may do so by notifying his/her department head in writing of the reasons thereof and the effective date. Failure to give at least two weeks notice may be cause for denying subsequent employment with the City. The department head shall report the resignation to the Personnel Office on a prescribed form to which is attached a copy of the employee's written statement.
Layoff Policy and Procedure
a. Whenever, in the judgment of the City Council, it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a position no longer exists, the City Council may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. b. Employees to be laid off shall be given at least fourteen (14) calendar days prior notice.
c. Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee, who is the latest to be laid off in accordance with Section f, is qualified. All persons so demoted shall have their names placed on the reemployment list.
d. An employee affected by layoff shall have retreat rights to displace an employee in the same department who has less seniority in a lower class, in the same class series, or in a lower classification in which the affected employee once had permanent status. For the purpose of this section and Section e, seniority includes all periods offull-time service at or above the classification level where layoff is to occur.
e. In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Office within five {S) working days of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. 34 87
3. Employees retreating to a lower or similar class shall serve a probationary period in the new class, unless they have previously successfully completed a probationary period in the class or a class in the class series. f. In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and permanent. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more permanent employees within the classifications subject to layoff, the order to layoff shall be determined by:
(1) Department heads placing employees into one of two groups, proficient or satisfactory, based on a work performance evaluation; and {2) Laying off employees in the satisfactory group before those in the proficient group with the order of layoff in each group determined solely on the basis of seniority. Those employees with the least seniority shall be laid off first
g. The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list. h. Names of persons laid off shall be carried on a reemployment list for one year, except that persons appointed to permanent positions of the same level as that which was laid off shall, upon such appointment, be dropped from the list.
Persons who refuse reemployment in the same department also shall be dropped from the list Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for the one year.
Dismissals
a. Any employee may be dismissed in accordance with the procedures and for the reasons set forth in Rule X or due to the position that he/she holds being abolished by the City Council. Dismissals resulting from the abolishment of positions shall not be subject to the appeal process.
4. Compensation for Unused Vacation Leave
a. A regular employee leaving the service of the City shall be paid the salary equivalent to all accrued vacation leave earned prior to the effective day of termination.
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1. RULE XIII
EMPLOYEE BENEFIT PROGRAMS
Group Insurance
a. Except for those employees covered by the provisions of a Memorandum of Understanding. all regular and probationary employees are eligible to participate in a group insurance benefit program. The highlights of the benefits are:
(1) Life insurance: One time annual salary for employees. (2) Health Benefits: Medical, dental. vision, prescription. and life. Eligible the first day of the month following in which eighty (80) hours of employment is completed.
(3) State Disability: Represented employees shall participate in employee paid State Disability Insurance (SDI). (03-93)
(4) Long Term Disability Insurance: Benefit provides 66 2/3's percent of insured earnings reduced by income from other sources. A twelvemonth elimination period applies. (03-93) (5) The City shall offer employees a Section 125 benefit plan. 89 1. Miscellaneous Employees:
RULE XIV
RETIREMENT PROGRAM
a. All regular and probationary employees are covered by a State of California Public Employees' Retirement System program pursuant to an existing contract with the Public Employees' Retirement System, which provides for the two point seven percent (2.7%) at age fifty-five (55) benefit formula; one (1) year's compensation in formula; credit for unused sick leave, and optional military service credit buy back at the employee's expense. The City will pay both the employer and employee costs of contribution to the Public Employees' Retirement System. (08-38, 754)
b. A second retirement tier of 2% @ 55, and highest consecutive 36 months, through the Public Employees' Retirement System shall be effective for those employees hired after the City amends its contract with PERS for Miscellaneous employees. Employees hired under the 2% @ 55 formula will also pay their normal seven (7) percent member contribution for participation in the Public Employees' Retirement System program. All other retirement benefits remain the same as those employees covered under the first tier formula.(12·60, 779)
2. Safety Employees:
a. For sworn public safety employees not covered by the prov1s10ns of a Memorandum of Understanding and covered by the State of California Public Employees' Retirement System program pursuant to an existing contract with the Public Employees' Retirement System. the major features are: the City provides the three percent (3%) at age fifty (50) benefit formula; normal retirement age fifty (50); credit for unused sick leave, and optional military service credit buy back at the employee's expense. The City will pay both the employer and employee costs of contribution to the Public Employees' Retirement System. (08-38, 754)
b. A second retirement tier of 3% @ age 55, and highest consecutive 36 months, through the Public Employees Retirement system shall be effective for those employees hired after the City amends its contract with PERS for Safety employees. Employees hired under the 3% @ 55 formula will also pay their normal nine (9) percent member contribution for participation in the Public Employees Retirement System program. All other retirement benefits remain the same as those employees covered under the first tier formula. (12-05, 777) 37 90
RULE XV
ADDITIONAL OPTIONAL BENEFITS
1. Credit Union
2. a. Employees are eligible to join the Member's 1st Credit Union. Loans are available for signature loans, purchase of new and used automobiles, RV's, and new boats. Employees may request automatic deposit of paychecks for a savings or checking account
Deferred Compensation Piao
a. The ICMA Deferred Compensation Plan is a voluntary plan for all employees who are interested in contributing to a supplemental retirement program. 38 91
RULE XVI
HARASSMENT, DISCRIMINATION & RETALIATION
Purpose
The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The City of Anderson encourages all covered individuals to report, as soon as possible, any conduct that is believed to violate this Policy.
~
The City of Anderson has zero tolerance for any conduct that violates this Policy. Conduct need not arise to the level of a violation of law to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an applicant or employee by a supervisor, management employee, co-worker, or contractor on the basis of race, religion, sex (including gender and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any other protected classification as defined below, will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
Definitions
A. Protected Classifications: This Policy prohibits harassment or discrimination because of an individual's protected classification. "Protected Classification" includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including homosexuality, bisexuality and heterosexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or mental disability. It also includes status as a veteran or a member of the uniformed services. 39 92
B. Policy Coverage: This Policy prohibits City of Anderson officials, officers, employees or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because: 1) of an individual's protected classification; 2) of the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual's protected classification as defined in this policy.
D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person's protected classification. Note that harassment is not limited to conduct that City of Anderson's employees take.
Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials. appointed officials, persons providing services under contracts, or even members of the public:
~ such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
Physical acts such as assault, impeding or blocking movement. offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing. patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
Yisua) acts. such as derogatory posters. cartoons. emails, pictures or drawings related to a protected classification.
Unwanted sexual advances requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions. or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile. or offensive working environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification.
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2. It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive { e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. "Adverse conduct" includes but is not limited to; taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process. {See Policy Against Retaliation below).
Complaint Procedure
A. An employee, job applicant, or contractor who believes he or she has been harassed may make a complaint verbally or in writing with any of the following.
There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department; 41 94
3. Department head; or
4. City Manager
B. Any supervisor or department head who receives a harassment complaint should notify the City Manager immediately.
C. Upon receiving notification of a harassment complaint, the City Manager shall:
1. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) other persons who have relevant knowledge concerning the allegations in the complaint.
2. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3. Report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
4. If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
5. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
6. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
D. The City of Anderson takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring. regardless of whether the recipient or third party reports a potential violation.
E. Option to Report Outside Administrative Agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters 42 95
that are located on employer bulletin boards for office locations and telephone number. (As of January 2009, current EEOC and DFEH contact information is shown on page 37.)
Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the City Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The City of Anderson will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
Besponsjbjljties
Managers and Supervisors are responsible for:
1. Informing employees of this Policy.
2. Modeling appropriate behavior.
3. Taking all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising. or consulting with employees and the City Manager regarding this Policy, and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with adopted Personnel Rules, up to and including discharge.
10. Implementing appropriate disciplinary and remedial actions.
11. Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the City Manager or the department head.
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12. Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Treating all employees and contractors with respect and consideration.
2. Modeling appropriate behavior.
3. Participating in periodic training.
4. Fully cooperating with the employer's investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or City Manager.
6. Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to his or her immediate supervisor, department head, or City Manager.
Poucy AGAINST RETAUAT(ON
It is the Policy of the City of Anderson to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City Policy or state or federal law in retaliation for that reporting. opposition, or participation. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates this Policy Against Retaliation will be subject to appropriate sanctions.
This Policy Against Retaliation prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein.
Definitions:
1) "Protected activity" includes any of the following:
• Filing a complaint with a federal or state enforcement or administrative agency
• Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity
• Testifying as a party, witness, or accused regarding alleged unlawful activity
• Associating with another employee who is engaged in any of the protected activities enumerated here
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• Making or filing an internal complaint with the City regarding alleged unlawful activity
• Providing informal notice to the City regarding alleged unlawful activity • Calling a governmental agency's "Whistleblower hotline" • Filing a written complaint under penalty of perjury that the agency has engaged in "gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety." 2) "Adverse action" may include, but is not limited to, any of the following:
• Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity • Refusing to hire an individual because of protected activity • Denying promotion to an individual because of protected activity • Taking any form of disciplinary action because of protected activity • Extending a probationary period because of protected activity • Altering work schedules or work assignments because of protected activity • Condoning hostility and criticism of co-workers and third parties because of protected activity.
complaint Procedure:
An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly.
Disseminatjon of Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
4S
98 EEOC CONTACT INFORMATION
EEOC's National Contact Center (NCC) customer service representatives are available to assist you in more than 100 languages between 8:00 a.m. and 8:00 p.m. Eastern Time. An automated system with answers to frequently asked questions is available on a 24-hour basis. You can reach the NCC:
By mail: U.S. Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
By phone: 1-800-669-4000
By Email: [email protected]
EEOC Headquarters is located at: U.S. Equal Employment Opportunity Commission 1801 L Street, N.W.
DEEU CONTACT INFORMATION
Employment/Public Accommodations:
Housing:
Hate Violence:
Washington, D.C. 20507
Phone: (202) 663-4900
TTY: (202) 663-4494
46 1-800-884-1684
1-800-233-3212 (Within California)
1-510-622-2946 (Outside California)
1-800-884-1684
99 RULE XVII
DRESS CODE AND GROOMING POLICY
1. Purpose
2. 3.
4. I
a. It is important that City employees represent the City in a professional manner and reflect a positive image. City employees' appropriate grooming and attire are keys to achieving and maintaining the City's positive image to the public. It is recognized that the personal appearance of employees is a reflection of the professionalism of City seivices.
Policy Application
a. This policy defines a minimum standard for all employees, as well as volunteers, who work for the City. Final decisions on appropriate work attire rest with each Department Head.
Provisions
a. City employees should always be well groomed and dressed in a manner suitable for the public seivice environment, the specific nature of the work they perform and to reflect favorably the City's image.
Persona) Appearance
a. Body Pierctni:
Except for conventional earrings, nose rings and other piercing jewelry are not acceptable in the workplace.
b. ~
Visible tattoos that are inconsistent with City policies governing harassment or that are otherwise deemed offensive or inappropriate in a professional business setting are prohibited and must be covered while employees are on duty. Existing tattoos of current employees as of the date of this policy shall continue to be allowed so long as they do not constitute a form of unlawful harassment, they are not offensive or inappropriate in a professional business setting or otherwise violate applicable laws and are kept covered whenever possible.
c. Personal Groomini:
(1) Employees must bathe regularly and hair should be neat and well groomed.
Hair color must be natural looking; bold colors, such as pink or blue, are not acceptable.
(2) Facial hair, such as beards and mustaches, should be maintained in a neat and safe manner.
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(3) Make-up should be Mt.!.l.rn.l looking.
(4) Nails should be maintained in a neat and safe manner. s. Business Professionals
a. This section applies only to employees who are not required to wear a City-designated uniform.
b. City employees are expected to dress in "Business Professional" attire. All clothing is expected to be business professional attire during regular hours of operation and any after-hour City meetings or events. Listed below is a general overview of acceptable "Business Professional" wear. as well as a listing of some of the more common items that are not appropriate for the office. Neither group is intended to be all inclusive. c. The following articles of clothing ARE ACCEPTABLE "Business Professional" attire:
• Dress shirt with or without a tie
• Dress pants
• "Dockers", "Khakis" or "Chino" style pants
• Men's suits and blazers/vests
• "Polo" style shirts with collars
• Women's suits with pants or skirts
• Dress pants, including capri pants, or skirts
• Blouses/shirts/sweaters/vests
• Professional style dresses
• Dress shoes, with or without a heel, flats, or loafers • Heels less than 4 inches
• City-provided shirts and blouses with an authorized City logo • Colored denim pants
d. The following articles of clothing ARE NOT ACCEPTABLE:
. Shorts of any type
• Leggings
• Athletic type or logo T-shirts
. Flannel shirts
• Sweatpants
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6. Tank tops or T-shirts without jackets
• Halter or bare midriff tops
• Spaghetti strap or backless tops or dresses
• Strapless or off-the-shoulder tops or dresses
• "See through" clothing
Flip Flops or athletic sandals
• Frayed, wrinkled, torn, or faded clothing
• Dresses and skirts must not be shorter than mid-thigh Uniforms
a. This section shall only apply to employees required to wear uniforms as designated by the City.
b. Each employee is responsible for wearing a City furnished uniform at all times while performing City-related work.
c. A uniform, or any part of it, is to be worn only during working hours and in traveling between work and home and may be worn to City approved classes, conferences and meetings. CITY UNIFORMS ARE NOT TO BE WORN AT ANY OTHER TIME.
I
d. More specific uniform requirements may be provided to you by the City based on your position.
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RULE XVIII
NEPOTISM POLICY
1.0 Pumose & Policy
1.1 The City desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism, possible claims of sexual harassment, and employee morale problems that can potentially result from familial or intimate personal relationships between City employees employed in the same department or line of supervision.
1.2 It is the policy of the City to prohibit appointment of any person to a position in City employment if that person would be in the line of supervision of a person "related" to the employee. It is further the policy of the City, if an employee becomes "related" to a person in his or her line of supervision, to change the line of supervision through steps (determined in the City's sole discretion) including but not limited to transfer, shift change, or termination of either employee.
2,Q Definjtjon and Appljcatjon
2.1 For purposes of this policy the following definitions apply:
Related • includes but is not limited to, a spouse, domestic partner, child, sibling. parent, grandparent, grandchild, aunt/uncle, and niece/nephew. Relations may be by blood, marriage, adoption, cohabitation or domestic partnership, including in-law, step-, and half-relationships.
Domestic Partners - are individuals who are living together and sharing a common domestic life together.
Supervisor - any person who has authority, direct or indirect, over another by virtue of his or her rank, job classification, or training assignment, including but not limited to: Directors, management employees and supervisors.
2.2 This policy applies to all employees and all departments of the City.
3.Q Procedures
3.1 An applicant may not be hired into, and a current employee may not be appointed into, a position in the line of supervision with another employee who is a related person.
3.2 Any employee who becomes related to another employee in his or her line of supervision as well as any supervisor who becomes aware of such a relationship, must immediately notify their Department Director or the Human Resources Manager of the existence of the relationship so that the City can take appropriate steps. Failure to disclose the existence of the "related" relationship listed above is a violation of this so
103
policy and may lead to disciplinary action, up to and including termination { of both employees and/or a supervisor who was aware of the relationship and failed to properly report it to the Department Director or Human Resources).
3.3 If a person employed by the City becomes related to someone in his or her line of supervision, the City may take whatever action it deems appropriate, in its sole discretion, up to and including but not limited to transfer, shift change, or termination of either employee.
3.4 The City reserves the right to reasonably investigate situations in the workplace to determine whether a personal relationship exists and therefore presents a possible violation of this policy. To ensure flexibility and fundamental fairness, each situation will be reviewed on a case-by-case basis.
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CITY OF ANDERSON
PERSONNEL RULES
SUBJECT: PERSONNEL
APPROVED:
NUMBER:
EFFECTIVE DATE: JUNE 2026
AUTHORITY: NOT APPLICABLE
SUPERCEDES: A LL PREVIOUS WRITTEN AND VERBAL DIRECTION
PREFACE
The Personnel Rules and the Personnel Ordinance, both adopted by the City Council, provide the basis for a sound, modern, and effective personnel system for the City of Anderson. By their adoption, the City Council has created a system that makes possible the appointment of the best qualified persons available to serve the City's residents, fair and equitable working conditions for all employees on the City's staff, and the retention and advancement of employees on the basis of their capabilities and performance.
The creation of a personnel system by action of the City Council does not automatically result in the City of Anderson having the improved plan of personnel administration provided for in the Personnel Ordinance and in these Rules. Such a system will only fulfill its purposes if diligently and properly administered and has the full support of all parties involved -- the Council, City Manager, department heads, and employees.
With the opportunity made available to the City of Anderson to conduct its personnel function according to the best principles of modern personnel administration as provided for in these Personnel Rules, the basis has been established for the successful future development of our City and for strengthening the administration of its affairs. 105
RULE
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CITY OF ANDERSON PERSONNEL RULES
TABLE OF CONTENTS
SUBJECT
GENERAL PROVISIONS
CLASSIFICATION PLAN
COMPENSATION PLAN
RECRUITMENT AND SELECTION
APPOINTMENTS AND CHANGE OF STATUS
PROBATIONARY PERIOD
RECORDING OF PERSONNEL ACTIONS
ATTENDANCE AND LEAVES
EMPLOYEE TRAINING AND EVALUATION
DISCIPLINARY ACTIONS
GRIEVANCE PROCEDURE
SEPARATIONS
EMPLOYEE BENEFIT PROGRAMS
RETIREMENT PROGRAM
ADDITIONAL OPTIONAL BENEFITS
HARASSMENT
DRESS CODE AND GROOMING POLICY
NEPOTISM POLICY
PAGE
1 3
5 9
11 14
15 16
27 28
30 31
33 34
35 36
44 47
Adopted by Resolution No. 03-87: Amended by Resolution No.'s: 03-93, 03-95, 04-11, 04-18, 05-58, 06-22, 06-53, 06-73, 07-22, 07-61, 08-17, 08-39, 08-59, 09-03, 09-63, 10-16, 11-03, 12-60, 12-69, 13-05,15-10) , and Ordinance No.: 754
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1. 2.
3. 4.
5. Fair Employment
RULEI
GENERAL PROVISIONS
a. No question in any test, or in any application form, or by any appointing authority, shall be so framed as to attempt to illicit information concerning political or religious opinions or affiliations of any applicants or employees of the City. No appointment to or removal from a position shall be affected or influenced in any manner by political or religious opinions or affiliations.
Meet and Confer
a. The City Manager shall negotiate those matters, which are subject to the "meet and confer" process as specified under Section 3505 of the Government Code of the State of California.
Violation of Rules
a. Violation of the provisions of these rules shall be grounds for suspension, demotion, or discharge.
Amendment and Revision of Rules
a. Recommendations for amendments and revisions of these rules may be made by the Personnel Officer or by any interested party through the Personnel Officer. Proposed amendments or revisions shall be publicly posted for at least five consecutive days prior to consideration by the City Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions shall become effective upon adoption by resolution by the City Council following such hearing.
Department Rules
a. These rules do not preclude individual City departments from developing and administering supplemental personnel rules, so long as they do not conflict with these rules or other Council resolutions and ordinances.
6. Seniority
a. Seniority shall be defined as the employee's length of continuous uninterrupted service with the City since his/her date of hire.
b. Seniority shall be terminated by:
(1) Discharge for cause.
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7. (2) Voluntary termination.
c. Subject to most qualified employee considerations, those employees with the greatest length of service shall be given preference in determining work schedules, vacations, appointments, promotions, transfers, and layoffs within the City's service.
d. There shall be established a separate seniority list for all employees employed as full-time and part-time and/or as temporary part-time.
Memorandum of Understandine:
a. These rules are superceded by Memorandums of Understanding entered into between the City of Anderson duly recognized bargaining units of City employees, resolutions providing for changes to pay and benefits for Management and Confidential employees, and other employee groups. 2 108
1. Establishment of Plan
RULE II
CLASSIFICATION PLAN
a. The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and shall recommend a classification plan for such positions. Upon adoption of the plan by the Council, the provisions of the classification plan shall be observed in the performance of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires.
2. Allocation of Positions
3. 4.
a. Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the competitive service to one of the classes established by the plan.
Position Changes
a. Whenever a department head proposes the establishment of a new position or makes a significant change in the duties and responsibilities of an existing position, the fact shall be reported t9 the Personnel Officer in the manner prescribed. If the City Manager recommends approval and the Council approves the establishment or change in the position, the Personnel Officer shall allocate the position to one of the existing classes or recommend the establishment of another class to which the position can be appropriately allocated.
Class Titles
a. The official class titles shall be used in all personnel, accounting, budget, and financial records. No person shall be appointed to or employed in a position in the City's competitive service under a title not included in the classification plan.
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5. Use of Classification Plan
a. The classification plan is to be used:
(1) As a guide in recruiting and selecting candidates for appointment (2) In determining lines of promotion and in conducting training of employees.
(3) In determining salaries to be paid in accordance with the principle of equal pay for equal work
( 4) In determining personnel service items in departmental budgets. (5) In providing uniform job terminology understandable by City officers and employees and by the general public.
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1. 2.
3. Establishment of Plan
RULE III
COMPENSATION PLAN
a. The Personnel Officer, or a person or agency employed for that purpose, shall prepare a pay plan covering all classes of positions in the competitive service, showing the minimum and maximum rates of pay. The City Manager shall submit the proposed pay plan to the City Council. The Council shall adopt or amend the plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.
Compensation Policy
a. In establishing the range in the salary schedule to which each class shall be assigned, the Council and the City Manager shall give appropriate consideration annually to:
(1) Maintenance of equitable relationships between classes based on their relative duties and responsibilities.
(2) The general level of rates paid in appropriate labor markets for comparable work under similar conditions of employment
(3) Current recruitment and retention experience.
Special Salaiy Adjustments
a. The City Manager may approve placement of employees at appropriate steps in salary ranges to:
(1) Meet difficult recruitment problems or to obtain persons with markedly superior qualifications.
(2) Correct salary inequities or give credit for prior service. (3) Recognize outstanding performance.
4. Overtime Compensation
a. Overtime is defined as:
(1) Time worked in excess of forty (40) hours in a workweek (2) Time worked on a holiday.
b. Overtime shall be computed to the nearest one-quarter (1/4) hour. Overtime compensation shall be paid at a rate equivalent to one and one-half (1 1/2) times the regular rate of pay.
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c. With the approval of the City Manager and when necessary to perform essential work, a department head may require employees to work at any time beyond the basic workweek as set forth in Rule VIII. Employees required to work overtime compensation under Federal or State law shall be compensated as set forth in 4.b, above.
d. Employees occupying positions in the following classifications shall not be eligible for overtime compensation, it having been determined that the persons occupying such positions are performing bona fide executive, administrative, or professional duties and are exempt from the overtime provisions of the Fair Labor Standards Act Amendments of 197 4:
EXECUTIVE LEVEL
Assistant City Manager
City Attorney
Police Chief
Public Works Director
Finance Director
Development Services Director
Parks & Recreation Director
MANAGEMENT LEVEL
City Clerk
Police Captain
Police Lieutenant
Finance Office Manager
Building Official
ChiefWWTP Operator
Deputy Public Works Director
Public Works Superintendent
City Engineer
Grants & Redevelopment Manager
Support/ Administrative Services Division Manager
Community Services Manager
CONFIDENTIAL EMPLOYEES
CONFIDENTIAL EMPLOYEES
Administrative Assistant
Deputy City Clerk
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Administrative Services Manager - Public Works
Community Engagement Manager
Director of Operations and Administration
Engineering Services Manager
Deputy Director of Development Services
Director of Development Services
(Reso No.'s: 10-16, 09-63, 08-39, 08-17, 07-61, 06-73, 05-58, 04-18, 03-95, 03-87, 02-69, 00- 69, 00-57, 99-24, 95-19, 95-2, 94-64, 93-62, 91-26, 91-7, 90-46, 89-35, 80-28, 80-2, 79-42, 76- 55)
5. Vehicle Allowance
a. In accordance with NCCSIF insurance requirements, any employee utilizing their personal vehicle for travel or city business shall maintain personal automobile insurance at a minimum of $100,000/$300,000/$50,000 (bodily injury each person/bodily injury each accident/property damage each accident), said personal automobile insurance being used prior to City insurance in the event of any accident while driving on City business.
6. Certificate Pay
7. a. Noncontract management and confidential classification employees who possess and maintain job-required qualified certificates shall have their pay rate increase by an additional 5%. Qualifying job-required certificates are: a) State of California Wastewater Treatment Plant Operator, Grade 5, b) State of California Water Treatment Certificate, c) State of California Pesticide Applicator Certificate, d) State of California Commission of Peace Officers Standards Training Computer Aided Dispatch Instructor Certificate, e) State of California Commission on Peace Officers Standards Training Management Certificate, and f) any other certificate which, in the opinion of the City Manager is of a significant benefit to the City
Longevity Pay
a. Effective March 9, 2025 the base salary of noncontract management and confidential classification employees who have continually worked for the City of Anderson for seven (7) years shall have their pay rate increased by two and one-half (2.5) percent, and at the completion of fifteen (15) years shall have their pay rate increased by five (5) percent
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8. Management Leave
a. All employees designated as Management and Confidential Employees shall be entitled to eighty (80) hours of management leave each calendar year. Such leave will be given at the beginning of each calendar year and will be prorated for new employees at 3.08 hours per pay period remaining of the calendar year. b. Unused management leave shall not be carried over year to year. Following the end of each calendar year all unused leave for that year will be paid. c. Management leave shall not be used to extend any annual vacation leave or other leave in excess of any limits associated with any authorized leave. d. Upon separation or retirement any leave utilized in excess of the biweekly accrual rate will be owed to the City and either deducted from vacation accruals, or compensation in the employee's final paycheck 8 114
1. 2.
3. 4.
5. General Policy
RULEIV
RECRUITMENT AND SELECTION
a. Competition for positions in the City service shall be open to all applicants who meet the qualifications established for the class of position applied for, if it is determined that the position will not be filled through promotion. Public notices shall be given at reasonable times prior to selections for nonpromotional vacancies.
Selection Methods
a. In making a selection from among applicants to fill vacancies, use may be made of written, oral, or performance tests, evaluations of training and experience, and combination of these, or any other forms or methods of evaluation that will determine fairly and thoroughly the qualifications of applicants. Investigations of the character, personality, education, experience, and physical fitness may also be made, as deemed appropriate.
Eligibility to Compete
a. Competition for positions in the City service shall be open to all applicants who meet the qualifications established for the class of position to which the applicant has applied. Public notices shall be given at reasonable times prior to selections.
Promotional Examinations
a. Fitness for promotion within the City service shall be determined through competitive examinations open to all qualified employees to the City service.
Competition shall be limited to employees who meet the minimum qualifications for the class and who have demonstrated fitness in their present position as certified by their department heads.
Eli~ble Lists
a. The Personnel Officer shall maintain lists of candidates who have been determined to be eligible for selection. An eligible person's name shall be removed from the eligible list for any of the following causes:
(1) Appointment to fill a full-time permanent position in the class; (2) Expiration of one year from the date of establishing eligibility; (3) Evidence that the eligible person no longer meets the qualifications of the class; or
( 4) Request of an eligible person that his/her name be removed. 9 115
6. 7.
8. Certification of Eligible Persons
a. Whenever a vacant position is to be filled, the responsible department head shall submit a request for names from the appropriate eligible list. The department head shall consider the candidates submitted and recommend a selection for approval by the City Manager.
Seniority List
a. There shall be established a separate seniority list for all employees employed as full-time and part-time and/or as temporary part-time. When all factors are equal, those employees with the greatest length of service with the City shall be given preference in determining the selection.
Medical Examinations
a. The Personnel Officer shall require a physical examination of any prospective employee, except for employees hired on an emergency basis, part-time employees who are employed in sedentary positions, and part-time Recreation Department Seasonal staff. However, these exempt prospective employees will be required to complete a confidential health questionnaire. b. Necessary documents indicating the prospective employee has been given a medical clearance shall be made a part of the personal history file of the individual in the Personnel Office, such file to be kept separate from the employee's regular personnel file.
c. The Personnel Officer may require a medical examination of a regular employee if, in his/her discretion, it is necessary to determine the employee's physical or mental ability to perform the duties of his/her employment classification.
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1. 2.
3. 4.
RULEY
APPOINTMENTS AND CHANGES OF STATUS
Types of Appointments
a. Vacancies in positions may be filled by reinstatements, transfer, promotion, demotion, appointment from an appropriate eligible list, or by an appointment of a person under provisional authority.
Reinstatement
a. Any permanent employee who has resigned from the City service in good standing may be reinstated to a position in the same or a similar class within one year from the date of separation on approval of the City Manager. The employee so reinstated shall receive one-half (1/2) credit for past time with the City for sick leave purposes.
Transfers
a. The City Manager may transfer any permanent or probationary employee from one position to another position in another related class, which has reasonably similar qualifications and the same compensation.
Probationary Appointments
a. Probationary appointments shall be made with the approval of the City Manager from among those eligible on an appropriate list that indicate a willingness to accept the position.
5. Provisional Appointments
a. Provisional appointments may be made with the approval of the City Manager in the absence of eligible lists of persons who meet the minimum qualifications for the class. Within six months of the date of any such appointment, formal selection methods shall be conducted in accordance with Rule IV, 2, and an eligible list established for the class. The provisional appointment must be terminated within 30 days after the establishment of the eligible list
6. Emer~ency Appointments
a. Emergency appointments may be made first from an appropriate eligible list However, to prevent stoppage of public business, the City Manager may authorize emergency appointments for a period of not to exceed 30 days without regard to the rules on classification, selection, or certification. Service under emergency appointment shall not be credited for purposes of vacation, sick leave, or salary adjustment
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7. Voluntary Demotions
8. 9.
a. An employee that becomes physically or mentally incapacitated for the performance of the duties and responsibilities of his/her position, or for other personal reasons, may request demotion to a position in a lower class. Such demotion may be permitted upon the approval of the City Manager.
Employee Anniversary Date
a. Each employee shall be assigned an anniversary date consisting of the day, month, and year of his initial appointment to the City service.
Employment Categories
a. All personnel hired for positions within the City of Anderson will be placed at the time of selection in one of the following categories:
(1)
(2)
(3)
Regular Employee: Personnel hired for employment to full authorized positions as set forth in the positional Classification and Compensation Plans. All such employees will be in a probationary status for the required period of time as set forth in Rule VI and will be retained in the City service upon receipt of a satisfactory performance review, recommendation by his supervisor, and approval by the City Manager.
Time spent in a temporary or part-time status will be credited to the employee in computing the probationary period.
Temporary Employee: Personnel hired for employment of a temporary nature to cover seasonal needs, emergencies, or special assignments not to exceed 960 hours in a pay status.
Part-time Employee: Personnel hired for employment wherein hours of work are less than those prescribed in the basic workweek Personnel hired on a part-time basis will be eligible for vacation and sick leave after the completion of 960 hours in a pay status.
b. Personnel hired into the City service to fill authorized positions will be further categorized as follows:
(1) Full-time Regular: Hired to fill an authorized position with hours of work conforming to the basic workweek
(2) Probationary: Hired for a full-time position of indeterminate duration. (3) Part-time Regular: Hired to fill an authorized position with hours of work to be less than the workweek Employee is eligible for benefits on a prorated basis and receives credit for service, if reclassified. (4) Full-time Temporary: Hired to cover a seasonal, emergency, or special assignment on an 8 hour per day, 40 hour per week basis. Length of employment will be for a specific period of time not to exceed 1000 hours. Personnel in this category will not be eligible for vacation or sick leave.
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(5) Temporary Employee: Hired to cover a seasonal, emergency, or special assignment Personnel in this category will be hired for a specific period of time and will work less than 40 hours per week, not to exceed 960 hours. Personnel will not be eligible for vacation or sick leave; if reclassified to probationary status, benefits will be credited after 960 hours.
(6) Part-time Employee: Hired to work less than full-time and will not be eligible for benefits or receive credit for service if reclassified.
10. Pay Rates Following Promotion
a. An employee receiving a promotion shall be entitled to the rate of pay at the range in which the employee is being promoted, and at the step which is next higher to the employee's present wage rate, but not less than five (5) percent higher, and in any event not more than the top wage rate of the new classification. A new anniversary date for the purpose of annual performance evaluations and future merit step increases shall be established as of the effective date of the promotion regardless of the step in which the employee is placed.
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RULE VI
PROBATIONARY PERIOD
1. General Reguirement
a. All original and promotional appointments in the competitive service shall be subject to the serving of a probationary period, which shall be considered a part of the selection process. The probationary period shall be six months in length, except for Police Officers, which shall be one year in length. The probationary period may be extended for an additional six months in order to allow the City more time to review the employee's performance prior to attaining regular status.
2. Reports of Performance on Probationers
a. The department head of a probationary employee shall file with the Personnel Officer a report of performance at the end of the third and sixth months for each employee serving a six month probationary period and at the end of the third, sixth, and twelfth month for those serving a one year probationary period. Copies of these performance reports shall be given to the employee, and it shall be the duty of the department head to discuss the reports with the employee and to provide the training and assistance as may be helpful for the employee to achieve the required standards of performance. The employee shall be considered to have satisfactorily completed his probationary period and have acquired permanent status if the report of performance filed at the end of the probationary period is favorable. Notice of acquiring permanent status shall be given the employee.
3. Termination of Probationary Employees
4. a. It shall be the duty of the department head to recommend at any time during the probationary period termination of a probationary employee if his conduct, capacity, moral responsibility, integrity, or work performance is found to be unsatisfactory. A recommendation containing reasons for the termination shall be forwarded to the City Manager for final review and appropriate action.
Reinstatement to Former Position
a. A permanent employee who vacated his position to accept a probationary appointment in a position of a higher class and who was terminated during the probationary period shall have the right of reinstatement to his former position unless unusual circumstances prevail.
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1. RULE VII
RECORDING OF PERSONNEL ACTIONS
Required Reporting
a. Each department head shall report promptly to the Personnel Officer such information as is required in connection with each appointment, separation, or other transaction affecting the status of positions or employees in the competitive service. Such reports shall be prepared in the manner and on the forms prescribed by the Personnel Officer.
2. Confidential Records
a. Employee personnel records are considered confidential and not open to the public. The personnel record of an employee shall at all times be available for review by the employee.
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RULE VIII
ATTENDANCE AND LEAVES
1. Workweek
2. a. A workweek is defined as seven (7) consecutive calendar days, Saturday at 12:00 a.m. through Friday at 11:59 p.m., and a basic workweek is defined as five (5) consecutive workdays of eight (8) hours each, or as stated in the Memorandums of Understanding. The basic workweek may begin on any day of the week or any hour of the day during the workweek.
Holidays
a. Holidays granted to City employees not covered by a Memorandum of Understanding are as follows:
1. January 1, known as "New Year's Day"
2. Third Monday in January, known as "Dr. Martin Luther King Jr.'s birthday"
3. February 12, known as "Lincoln's Birthday"
4. Third Monday in February, known as "Washington's Birthday"
5. Last Monday in May, known as "Memorial Day"
6. June 19th , known as Juneteenth
7. July 4, known as "Independence Day"
8. First Monday in September, known as "Labor Day"
9. The second Monday in October, known as "Columbus Day"
10. November 11, known as "Veterans Day"
11. Thanksgiving Day
12. The day following Thanksgiving Day
13. The workday before Christmas Day
14. December 25, known as "Christmas Day"
15. Employee's Birthday
b.
(i) When a holiday falls on a Saturday, the Friday immediately preceding shall be a paid holiday.
(ii) When a holiday falls on a Sunday, the Monday immediately following shall be a paid holiday.
Holiday Pay
For each such holiday, when not worked, an eligible employee shall receive eight (8) hours' pay, or as stated in the Memorandums of Understanding, at his regular straight-time hourly rate. For each such holiday in fact worked, an eligible employee shall receive eight (8) hours' pay, or as stated in the Memorandums of Understanding, at his/her regular straight-time hourly rate plus time and one-half (11/2) pay for all such hours actually worked. 16 122
3. c. ElifDbilit;y Reguirements
In order to be eligible for holiday pay, the employee must work the full scheduled working day immediately preceding and immediately following the holiday, unless on vacation, paid leave, or scheduled to be off. This section shall not be construed to make employees on layoff eligible for holiday pay. d. Holiday During Vacation
When a holiday falls within an eligible employee's approved vacation, he shall receive the appropriate holiday pay.
e. Employee Birthday
An employee, with the approval of the department head, may observe the holiday designated as employee's birthday on the employee's birthday; or the holiday may be deferred and scheduled in the same manner as vacations are normally scheduled.
f. Columbus Day Holiday
The holiday know as Columbus Day shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled and must be taken off within the fiscal year earned.
Vacations
a. All regular City employees shall be entitled to annual vacation leave, with pay, according to the number of continuous full calendar years of employment based upon the following scale:
1 through 4 full calendar
years of continuous service
5 through 9 full calendar
years of continuous service
10 through 14 full calendar
years of continuous service
For each full year of service
after fourteen (14)
continuous years of service
(beginning in the 15th year)
17 10 working days
15 working days
20 working days
employees hired prior to
August 17, 1999, shall be
granted an additional eight (8)
hours accumulation of vacation
in addition to the 20 days
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b. The times during a calendar year at which an employee may take his annual vacation leave shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service.
However, no employee shall be absent on annual vacation leave in excess of 20 consecutive working days without the expressed authorization of the City Manager. No accrued vacation time may be used prior to completion of six (6) months of City employment. Vacation leave must be taken in units of not less than one hour at a time.
c. Non-contract Management and Confidential employees shall be permitted to accrue and maintain a vacation leave balance of up to 400 hours or up to two (2) years of earned vacation accrual, whichever amount is greater. d. The City will, at each management and confidential employee's option whenever an employee has accrued eighty (80) hours or more of vacation leave, the employee may, at their option, request compensation for up to forty ( 40) hours of accumulated vacation leave on a monthly basis. Compensation requested under this section shall be paid on the second payroll of the month.
4. Sick Leave
a. Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of eight (8) hours per calendar month.
Sick leave shall be allowed for a non-work related absence due to the inability of an employee to be present or perform the employee's duties because of personal illness, off-duty injury, confinement for medical treatment, or serious illness or disability of a member of the employee's immediate family up to a maximum of twenty-four (24) hours. Immediate family as used herein shall be defined in Rule VIII, 5, a. Whenever any employee is entitled to receive sick leave with pay and also disability insurance benefits, sick leave compensation shall be added to all disability insurance benefits up to a maximum of full pay; but in any event, the combination of sick leave compensation and disability insurance pay shall not exceed one-hundred percent (100%) of the employee's regular pay rate.
c. Where management believes there is an abuse of sick leave, management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee's former position without hazard to himself, or to fellow employees.
d. If a holiday which an employee is entitled to have off with pay occurs on a 18 124
5. workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave.
e. The City will, for each management and confidential employee with at least 25 years of service with the City of Anderson, at each such employee's option made by October 31 of each year, cash out up to 80 hours of accumulated sick leave at a rate of one-half of the employee's normal rate of pay, to be paid as part of the employee's second paycheck in November.
Bereavement Leave
a. All employees are entitled to five (5) work days of unpaid bereavement leave for an immediate family member as defined in this section. Employees may receive compensation from accumulated sick leave benefits, if any, at the regular rate of pay for the time necessary to be absent from work. Bereavement leave need not be taken in consecutive days but must be used up within three months of the date of the death of the immediate family member. "Immediate family" as used herein includes only employee's spouse, domestic partner, children, stepchildren, grandchildren, sibling, parents, stepparents, parents-in-law, and grandparents. The city may request proof of death which, if requested, shall be provided within thirty (30) days of the first day of bereavement leave. b. The City Manager may grant additional bereavement leave from sick leave credits, if any, where special circumstances warrant.
6. Leave of Absence
a. Leave of absence without pay may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one (1) year, providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work b. A leave of absence with pay shall be granted to a City employee who serves on a jury or as a witness for the Federal Government, State of California, or a political subdivision thereof. In such cases, the employee shall be paid his/her regular salary, and jury fees he may receive from the court shall be remitted to the City, except pay for travel and meals.
c. Military leave will be granted in accordance with State law. d. An employee who is absent from duty for any reason shall report the reason thereof to his/her department head or the City Manager immediately on the day of absence or before, if possible.
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7. e. All unauthorized and unreported absences shall be considered as absences without leave and a deduction of pay shall be made for each period of such absence. Voluntary absence without leave for five (5) consecutive working days shall be considered as an automatic resignation from City service.
Management Leave
a. All employees designated as Management and Confidential Employees shall be entitled to ten (10) working days management leave each calendar year. Such leave shall be prorated according to the time of service each year. b. Unused management leave shall not be carried over year to year. Following the end of each calendar year, at the time of retirement, or upon separation from the City service, all unused leave for that year will be paid. c. Management leave shall not be used to extend any annual vacation leave or other leave in excess of any limits associated with any authorized leave. d. Management Leave will additionally comply with Rule III section 8 of this policy.
8. Catastrophic Leave
a. All employees designated as Management and Confidential Employees, or represented by the General Teamsters, Professional, Health Care and Public Employees Local 137, or represented by the Anderson Police Officers Association, or represented by the Anderson Police Managers Assosciation are eligible for Catastrophic Leave.
b. Catastrophic Leave is intended to provide an eligible employee authorized paid time-off through voluntary donation of management leave, comp time earned and/or vacation hours.
c. Donated leave must be specifically designated for the employee who has been approved for Catastrophic Leave.
d. Catastrophic leave may not exceed six ( 6) months and must be used within one (1) year of the date of the application is approved.
e. Only one request for Catastrophic Leave will be approved in a twelve (12) month period. The recipient will not accrue Compensatory Time Off (CTO), holiday and seniority upon receiving Catastrophic Leave. f. While using Catastrophic Leave, the employee must prepay the employee portion of the cost of the Health Benefit premium if they wish to continue this 20 126
9. benefit.
g. The Personnel Officer shall provide a copy of the Catastrophic Leave Policy and any required forms to an employee interested in participating in the Catastrophic Leave Program.
h. Employees must follow the established Catastrophic Leave Policy per Resolution No. 06-22. Any request for exceptions to the established policy must be submitted to the City Manager for review and approval.
Family And Medical Leave
The City provides Family and Medical Leave in accordance with state (the California Family Rights Act - "CFRA") and federal (the Family Medical Leave Act - "FMLA") leave laws.
Basis for Family and Medical Leave: Family and Medical Leave may be taken for the birth of the employee's child, the placement of a child with the employee for adoption or foster care, to care for the employee's spouse, child or parent who has a serious health condition, or for a serious health condition that makes the employee unable to perform his/her job. Leave can also be taken for certain military-related reasons as further detailed below.
Eligibility: To be eligible for Family and Medical Leave, an employee must have at least 12 months of service with the City and must have worked at least 1,250 hours during the 12-month period preceding the date the leave is to begin. An employee must also work at a location that employs 50 employees within a 75-mile radius.
Duration: Except as provided below with regard to certain types of military-related leave, employees may take up to a maximum of twelve (12) workweeks of Family and Medical Leave within a 12-month period. The City uses a "rolling" 12-month period to determine an employee's eligibility for leave. The 12-month period is measured backward from the date an employee uses any family leave.
Leave may be taken intermittently (in blocks of time or on a reduced-time schedule) if the leave is for the serious health condition of the employee or the employee's family member and if such intermittent leave is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is one hour.
Any leave taken for the birth, adoption, or foster placement of a child must be taken within one year of the birth or placement of the child with the employee. Where CFRA leave is running separate and apart from FMLA leave (such as CFRA leave following pregnancy disability/FMLA leave), the minimum duration for leave taken in connection with the birth, adoption or foster care placement of a child is two 21 127
weeks, except that the City shall grant a request for CFRA leave of less than two weeks on any two occasions during the one year period following the birth or placement of the child with the employee.
Procedures: Please contact your immediate supervisor as soon as you become aware of the need for Family and Medical Leave. If the leave is for the birth, adoption, or foster placement of a child, or for planned medical treatment for a serious health condition of the employee or family member, the employee must provide at least 30 days' advance notice before the leave is to begin. If 30 days' notice is not possible, notice must be given as soon as practicable. For any planned medical treatment, employees must consult with their supervisor regarding the need for leave and must make a reasonable effort to schedule any treatment so as to minimize disruption of City operations. Actual scheduling is, however, subject to the approval of the patient's health care provider.
If the leave is needed for the employee's own serious health condition, the employee must provide a certification from the health care provider stating:
1. the date of commencement of the serious health condition;
2. the probable duration of the condition;
3. that the employee is unable to work at all or is unable to perform any one or more of the essential functions of his/her position because of the employee's serious health condition.
The City will require certification by the employee's health care provider that the employee is fit to return to his/her job.
If the leave is needed to care for the serious health condition of a family member, the employee must provide certification from the health care provider stating:
1. the date of commencement of the serious health condition;
2. the probable duration of the condition;
3. an estimate of the amount of time that the health care provider believes the employee needs to take in order to care for the child, parent,orspouse;and
4. confirmation that the serious health condition warrants the participation of the employee.
If the Family and Medical Leave request is for the employee's own serious health condition and the City has reason to doubt the validity 22 128
of the medical certification provided by the employee, the City may require, at its expense, a second opinion from a health care provider designated by the City. The health care provider designated by the City will not be one who is employed on a regular basis by the City. If the second opinion differs from the first opinion, the City may require, at its expense, that the employee obtain a third opinion by a health care provider approved jointly by the City and the employee. The third opinion shall be considered final and binding on the City and the employee.
Recertification may be required if the employee requests an extension beyond the original certification.
Compensation and Benefits:
While receiving wage replacement benefits: For any period of time that an employee is eligible for and is receiving wage replacement benefits under any type of disability benefit plan (i.e., short- or long-term disability benefits, SDI (if eligible), and/or workers' compensation benefits), the employee is not required to use accrued sick leave, vacation, management leave, compensatory time off, or any donated catastrophic leave in connection with his or her Family and Medical Leave.
The employee may, however, choose to supplement these forms of wagereplacement payments with accrued paid leave on a pro rata basis at the employee's election, so long as the employee's pay does not exceed their normal wage.
While on otherwise unpaid leave: If an employee is on Family and Medical Leave for his or her own serious health condition, the employee must use any available sick leave and/or donated catastrophic leave during the leave; during leave for his or her own serious health condition, the employee has the option of whether to use other forms of paid leave, including vacation, management leave, and compensatory time off. If an employee is on Family and Medical Leave to care for a family member with a serious health condition, the employee is required to use accrued sick leave and any donated catastrophic leave to the extent allowed by other City policies (i.e., kin care) and is required to use any accrued vacation or management leave. If an employee is on Family and Medical Leave to bond with a new baby, the employee must use all accrued sick leave and vacation (to the extent allowed by other City policies - i.e., sick leave) and is required to use any accrued vacation or management leave. Once all sick leave and vacation is exhausted, Family and Medical Leave will continue on an unpaid basis for the remainder (if any) of the available 12-weeks.
Any family and medical leave, whether paid, unpaid, or a combination thereof, will be counted toward the 12-week leave entitlement. During any period of unpaid leave, employees will not continue to accrue sick leave, vacation, or any other forms of paid time off and will not be paid for holidays that occur during the leave.
An employee taking Family and Medical Leave will be allowed to continue participating in any health and welfare benefit plans in which he/she was enrolled 23 129
before the first day of the leave (for up to a maximum of 12 workweeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. The City will continue to make the same premium contribution as if the employee had continued working, and the employee is expected to continue to pay his or her share of the monthly premiums. The continued participation in health benefits begins on the date leave first begins.
Employees are eligible for a maximum of 12-weeks benefits continuation during any 12-month period. If leave lasts longer than 12 weeks, then the employee will be placed on COBRA and can opt for continued coverage at his or her own expense. An employee who does not return from leave may be required, under certain circumstances provided by the law, to reimburse the City for any employee contributions paid by the City while the employee was on unpaid leave.
Servicemember Family and Medical Leave. Eligible employees are entitled to "servicemember Family and Medical Leave" in the following instances:
Military-Related Leave. Eligible employees with a spouse, child, or parent on active duty or called to active duty in the National Guard or Reserves in support of a contingency operation may take up to the normal 12 weeks of leave because of any "qualifying exigency." For purposes of this policy, "qualifying exigency" includes:
(1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; ( 4) finance and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional activities agreed to by the employer and the employee. This leave is available only to families of servicemembers in the National Guard or Reserves - not to families of servicemembers in the Regular Armed Forces.
Military Caregiver Leave. An eligible employee who is the spouse, son, daughter, parent, or next-of-kin of a covered servicemember (includes a current member of the Regular Armed Forces as well as the National Guard or Reserves) may take up to 26 weeks of leave within a twelve-month period to care for such a servicemember with a serious injury or illness incurred in the line of active duty. For purposes of this type of leave, the 12-month period begins on the first day the employee takes leave for this purpose and ends 12 months thereafter. This leave entitlement applies on a per-covered servicemember, per injury basis. Leave to care for an injured or ill servicemember - when combined with other FMLA-qualifying leave - may not exceed 26 weeks in a single 12-month period.
Amount of Leave.
• For a qualifying exigency, an employee is entitled to a maximum of 12 weeks leave (when combined with leave for any other qualifying reason) in accordance with the rolling 12-month period measured backward.
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• To care for an ill or injured servicemember, an eligible employee is entitled to a combined total of 26 weeks of leave for any FM LA-qualifying reason during the single 12-month period that starts when the leave begins. During this 12-month period, an employee is entitled to no more than 12 weeks of leave for any qualifying reason other than caring for a servicemember.
Other Military Leave Entitlements. The City also complies with any applicable leave entitlements provided by any state or local law. Where allowed, military leave under this policy runs concurrently with these other leaves.
Procedures. Please contact your immediate supervisor as soon as you become aware of the need for any type of servicemember Family Medical Leave. Except in the case of exigency leave for short-notice deployment, the City requires certification of the need for leave and will provide an employee requesting servicemember leave with an appropriate form to complete and return.
Concurrent Leaves: In most cases, Family and Medical Leave will count concurrently against an employee's entitlement to both FMLA and CFRA leave. This means that most eligible employees taking Family and Medical Leave will exhaust their entitlement to protected leave under both FMLA and CFRA at the same time, with the following exceptions:
1. An employee's own incapacity due to pregnancy, childbirth, or related conditions will be counted against an employee's entitlement to FMLA as a serious health condition, but not against CFRA leave.
2. Exigency leave will be counted against an employee's entitlement to FMLA, but not against CFRA leave.
3. Military caregiver leave will be counted against both FMLA and CFRA for up to the first 12 workweeks of leave if the servicemember is a family member covered by CFRA (in other words, a spouse, child, or parent). If, on the other hand, the servicemember is a 'next of kin' (not covered by CFRA), the leave will count against an employee's entitlement to FMLA, but not against CFRA leave.
4. Leave taken to care for a registered domestic partner with a serious health condition will be counted against an employee's entitlement to CFRA leave, but not against FMLA leave.
Family-care leave may also run concurrently with a leave of absence covered by workers' compensation or short-term or long-term disability, where such leave of absence is taken for a condition that qualifies as a serious health condition.
Reinstatement: Upon return from a Family and Medical Leave, an employee will be 25 131
reinstated to his/her original position or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on Family and Medical Leave would have been laid off had he/she not gone on leave, or if the employee's position has been eliminated during the leave, then the employee would not be entitled to reinstatement. An employee's use of Family and Medical Leave will not result in the loss of any employment benefit that the employee earned or was entitled to before the leave.
As stated above, when an employee takes leave on account of the employee's own serious health condition, the City requires certification, prior to reinstatement, by the employee's health care provider that the employee is fit to return to his/her job.
Reinstatement may be denied to certain salaried "key" employees. Such employees will be notified of this possibility at the time the leave is requested.
If an employee fails to report to work promptly at the end of the Family and Medical Leave and fails to obtain approval for an additional personal leave of absence, the City will treat the failure to return as a voluntary resignation. 26 132
RULE IX
EMPLOYEE TRAINING AND EVALUATION OF PERFORMANCE
1. Assignments of Responsibility
2. 3.
4. a. Each department head shall be responsible for the proper orientation, on-thejob training, and continuing development of each employee in his department.
The Personnel Officer shall cooperate with and assist department heads in carrying out this responsibility and in arranging for any special training needs.
Time for Training
a. Training to improve the quality of work of an employee in his present position shall be considered City business and may be conducted during or after working hours. Training to prepare for promotion shall be on the employee's own time.
Tuition Reimbursement
a. School training, which will be beneficial both to the employee and the City, may be recommended by the department head and approved by the City Manager for tuition reimbursement
b. Tuition shall coincide with the Tuition Reimbursement Policy.
Evaluation of Employee Performance
a. Each department head shall make an annual evaluation of all regular employees in his/her department in achieving the standard of work performance required. This evaluation shall include a discussion between the department head and the employee for the purpose of determining goals and evaluation progress toward better performance and personal development. A memorandum record of the results of these discussions shall be submitted to the City Manager.
5. Safet;y Policy
a. The established Injury and Illness Prevention Program is applicable to each employee and department This program is updated periodically to stay current with regulations with changes approved by the City Manager. 27 133
1. 2.
3. 4.
5. General Authority
RULEX
DISCIPLINARY ACTIONS
a. A regular employee may be suspended, demoted, or dismissed whenever, in the judgment of the City Manager, the employee's work or conduct so warrants.
Warnings and Reprimands
a. Whenever employee performance falls below the required level or when an employee's conduct falls under one of the causes for action listed in Section 5 below, or in the appropriate Memorandum of Understanding under "Employee Discipline," his/her department head shall inform him/her promptly and specifically of such lapses. If appropriate and justified, a reasonable time for improvement or correction may thereafter be allowed before any further disciplinary actions are initiated. In situations where an oral warning has not resulted in the correction of the condition or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy transmitted to the City Manager.
Suspensions
a. In those cases where one or more written reprimands has not proved to be effective, or where the seriousness of the events or conditions warrants it, an employee may be suspended without pay by his/her department head, with the approval of the City Manager, for a period not to exceed 30 calendar days for each offense for any cause listed in Section 5 below.
Demotions and Dismissals
a. When other forms of disciplinary action have proved ineffective, or where the seriousness of the offense or condition warrants it, the City Manager may authorize the demotion or dismissal of an employee for any cause listed in Section 5 below.
Causes for Action
a. Appropriate disciplinary action may be taken for any of the following causes, or as listed in the appropriate Memorandum of Understanding under "Employee Discipline."
(1) Incompetency, inefficiency, or negligence in the performance of duty. (2) Chronic physical or mental incapacity to perform the work of the position with or without reasonable accommodation.
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(3) Insubordination, constituting a serious breach of discipline. (4) Notoriously disgraceful conduct
(5) Unauthorized absence or abuse ofleave privileges.
(6) Acceptance of any valuable consideration given to influence the employee in the performance of his/her duty.
(7) Falsification of an application or of any City record. (8) Use of his/her official position for personal advantage. (9) Willful violation of the provisions of law or of these rules.
6. Appeal Process
a. Any regular employee in the competitive service who has been suspended, demoted, or dismissed shall be entitled to appeal such action to the City Manager in accordance with the following procedure, or as noted in the appropriate Memorandum of Understanding under "Employee Discipline." (1) Within ten (10) days of the receipt of a written notice for his/her suspension, demotion, or dismissal, the employee may submit his appeal in writing to the City Manager.
(2) Within ten (10) days following the receipt of the appeal from the employee, the City Manager will give consideration to the matter and inform the employee in writing as to whether the action of suspension, demotion, or dismissal has been affirmed, revoked, or modified. The decision thus communicated shall be final.
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1. RULE XI
GRIEVANCE PROCEDURE
Consideration of Grievances
a.
b.
This procedure is established in order to provide adequate opportunities for City employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction. The procedure set forth below shall apply to all employees' grievances, except those related to the disciplinary actions covered by Rule X or those covered by the Memorandums of Understanding.
Procedure
(1)
(2)
(3)
(4)
(5)
In any instance of grievance, the employee concerned shall first make efforts to resolve such grievance with his/her department head.
In the event such efforts as are specified in (1) are not productive of a settlement satisfactory to the employee, he/she may submit his/her complaint in writing to the department head.
Upon receipt of the written statement, the department head shall make such investigation as required and reply in writing to the employee within ten (10) working days after receipt of the statement from the employee.
If the employee wishes to discuss the grievance further, he/she shall within three (3) working days of the receipt of the reply from the department head submit a written request for a meeting with the City Manager.
The requested meeting will be held by the City Manager at the earliest date possible at which the employee, the department head, and any other persons invited by the City Manager, the employee, or the department head may be present. The decision made by the City Manager as the result of the findings and conclusions determined at this meeting shall be communicated to the employee within three (3) days following the meeting and shall be final.
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1. 2.
Resi~ations
RULE XII
SEPARATIONS
a. A regular employee desiring to resign from the City service may do so by notifying his/her department head in writing of the reasons thereof and the effective date. Failure to give at least two weeks notice may be cause for denying subsequent employment with the City. The department head shall report the resignation to the Personnel Office on a prescribed form to which is attached a copy of the employee's written statement.
Layoff Policy and Procedure
a. Whenever, in the judgment of the City Council, it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a position no longer exists, the City Council may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. b. Employees to be laid off shall be given at least fourteen (14) calendar days prior notice.
c. Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee, who is the latest to be laid off in accordance with Section f, is qualified. All persons so demoted shall have their names placed on the reemployment list.
d. An employee affected by layoff shall have retreat rights to displace an employee in the same department who has less seniority in a lower class, in the same class series, or in a lower classification in which the affected employee once had permanent status. For the purpose of this section and Section e, seniority includes all periods offull-time service at or above the classification level where layoff is to occur.
e. In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Office within five (5) working days of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. 31 137
3. 4.
Employees retreating to a lower or similar class shall serve a probationary period in the new class, unless they have previously successfully completed a probationary period in the class or a class in the class series. f. In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and permanent. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more permanent employees within the classifications subject to layoff, the order to layoff shall be determined by:
(1) Department heads placing employees into one of two groups, proficient or satisfactory, based on a work performance evaluation; and (2) Laying off employees in the satisfactory group before those in the proficient group with the order of layoff in each group determined solely on the basis of seniority. Those employees with the least seniority shall be laid off first
g. The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list. h. Names of persons laid off shall be carried on a reemployment list for one year, except that persons appointed to permanent positions of the same level as that which was laid off shall, upon such appointment, be dropped from the list Persons who refuse reemployment in the same department also shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for the one year.
Dismissals
a. Any employee may be dismissed in accordance with the procedures and for the reasons set forth in Rule X or due to the position that he/she holds being abolished by the City Council. Dismissals resulting from the abolishment of positions shall not be subject to the appeal process.
Compensation for Unused Vacation Leave
a. A regular employee leaving the service of the City shall be paid the salary equivalent to all accrued vacation leave earned prior to the effective day of termination.
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1. RULE XIII
EMPLOYEE BENEFIT PROGRAMS
Group Insurance
a. Except for those employees covered by the provisions of a Memorandum of Understanding, all regular and probationary employees are eligible to participate in a group insurance benefit program. The highlights of the benefits are:
(1) Life insurance: One time annual salary for employees. (2) Health Benefits: Medical, dental, vision, prescription, and life. Eligible the first day of the month following in which eighty (80) hours of employment is completed.
(3) State Disability: Represented employees shall participate in employee paid State Disability Insurance (SDI). (03-93)
(4) Long Term Disability Insurance: Benefit provides 66 2/3's percent of insured earnings reduced by income from other sources. A twelvemonth elimination period applies. (03-93) (5) The City shall offer employees a Section 125 benefit plan. 33 139
1. Miscellaneous Employees:
RULE XIV
RETIREMENT PROGRAM
a. All regular and probationary employees are covered by a State of California Public Employees' Retirement System program pursuant to an existing contract with the Public Employees' Retirement System, which provides for the two point seven percent (2.7%) at age fifty-five (55) benefit formula; one (1) year's compensation in formula; credit for unused sick leave, and optional military service credit buy back at the employee's expense. The City will pay both the employer and employee costs of contribution to the Public Employees' Retirement System. (08-38, 754)
b. A second retirement tier of 2% @ 55, and highest consecutive 36 months, through the Public Employees' Retirement System shall be effective for those employees hired after the City amends its contract with PERS for Miscellaneous employees. Employees hired under the 2% @ 55 formula will also pay their normal seven (7) percent member contribution for participation in the Public Employees' Retirement System program. All other retirement benefits remain the same as those employees covered under the first tier formula.(12-60, 779)
2. Safety Employees:
a. For sworn public safety employees not covered by the prov1s1ons of a Memorandum of Understanding and covered by the State of California Public Employees' Retirement System program pursuant to an existing contract with the Public Employees' Retirement System, the major features are: the City provides the three percent (3%) at age fifty (SO) benefit formula; normal retirement age fifty (50); credit for unused sick leave, and optional military service credit buy back at the employee's expense. The City will pay both the employer and employee costs of contribution to the Public Employees' Retirement System. (08-38, 754)
b. A second retirement tier of 3% @ age 55, and highest consecutive 36 months, through the Public Employees Retirement system shall be effective for those employees hired after the City amends its contract with PERS for Safety employees. Employees hired under the 3% @ 55 formula will also pay their normal nine (9) percent member contribution for participation in the Public Employees Retirement System program. All other retirement benefits remain the same as those employees covered under the first tier formula. (12-05, 777) 34 140
1. 2.
Credit Union
RULE XV
ADDITIONAL OPTIONAL BENEFITS
a. Employees are eligible to join the Member's 1st Credit Union. Loans are available for signature loans, purchase of new and used automobiles, RV's, and new boats. Employees may request automatic deposit of paychecks for a savings or checking account.
Deferred Compensation Plan
a. The ICMA Deferred Compensation Plan is a voluntary plan for all employees who are interested in contributing to a supplemental retirement program. 35 141
RULE XVI
HARASSMENT, DISCRIMINATION & RETALIATION
Purpose
The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The City of Anderson encourages all covered individuals to report, as soon as possible, any conduct that is believed to violate this Policy.
Policy
The City of Anderson has zero tolerance for any conduct that violates this Policy. Conduct need not arise to the level of a violation of law to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an applicant or employee by a supervisor, management employee, co-worker, or contractor on the basis of race, religion, sex (including gender and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any other protected classification as defined below, will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
Definitions
A Protected Classifications: This Policy prohibits harassment or discrimination because of an individual's protected classification. "Protected Classification" includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including homosexuality, bisexuality and heterosexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or mental disability. It also includes status as a veteran or a member of the uniformed services. 36 142
B. Policy Coverage: This Policy prohibits City of Anderson officials, officers, employees or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because: 1) of an individual's protected classification; 2) of the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
C. Discrimination: This policy prohibits treating individuals differently because of the individual's protected classification as defined in this policy.
D. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person's protected classification. Note that harassment is not limited to conduct that City of Anderson's employees take.
Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to a protected classification.
Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1. Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification.
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2. It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
4. Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
5. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive ( e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. "Adverse conduct" includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process. (See Policy Against Retaliation below).
Complaint Procedure
A An employee, job applicant, or contractor who believes he or she has been harassed may make a complaint verbally or in writing with any of the following.
There is no need to follow the chain of command:
1. Immediate supervisor;
2. Any supervisor or manager within or outside of the department; 38 144
3. Department head; or
4. City Manager
B. Any supervisor or department head who receives a harassment complaint should notify the City Manager immediately.
C. Upon receiving notification of a harassment complaint, the City Manager shall:
1. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) other persons who have relevant knowledge concerning the allegations in the complaint.
2. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment. discrimination or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3. Report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.
4. If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
5. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
6. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
D. The City of Anderson takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
E. Option to Report Outside Administrative Agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters 39 145
that are located on employer bulletin boards for office locations and telephone number. (As of January 2009, current EEOC and DFEH contact information is shown on page 37.)
Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the_ extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the City Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The City of Anderson will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
Responsibilities
Managers and Supervisors are responsible for:
1. Informing employees of this Policy.
2. Modeling appropriate behavior.
3. Taking all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
6. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulting with employees and the City Manager regarding this Policy, and Complaint Procedure.
9. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with adopted Personnel Rules, up to and including discharge.
10. Implementing appropriate disciplinary and remedial actions.
11. Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the City Manager or the department head.
12. Participating in periodic training and scheduling employees for training. 40 146
Each employee or contractor is responsible for:
1. Treating all employees and contractors with respect and consideration.
2. Modeling appropriate behavior.
3. Participating in periodic training.
4. Fully cooperating with the employer's investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or City Manager.
6. Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to his or her immediate supervisor, department head, or City Manager.
POLICY AGAINST RETALIATION
It is the Policy of the City of Anderson to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City Policy or state or federal law in retaliation for that reporting, opposition, or participation. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates this Policy Against Retaliation will be subject to appropriate sanctions.
This Policy Against Retaliation prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein.
Definitions:
1) "Protected activity" includes any of the following:
• Filing a complaint with a federal or state enforcement or administrative agency
• Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity
• Testifying as a party, witness, or accused regarding alleged unlawful activity
• Associating with another employee who is engaged in any of the protected activities enumerated here
• Making or filing an internal complaint with the City regarding alleged unlawful activity
• Providing informal notice to the City regarding alleged unlawful activity • Calling a governmental agency's "Whistle blower hotline" 41 147
• Filing a written complaint under penalty of perjury that the agency has engaged in "gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety." 2) "Adverse action" may include, but is not limited to, any of the following:
• Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity • Refusing to hire an individual because of protected activity • Denying promotion to an individual because of protected activity • Taking any form of disciplinary action because of protected activity • Extending a probationary period because of protected activity • Altering work schedules or work assignments because of protected activity • Condoning hostility and criticism of co-workers and third parties because of protected activity.
Complaint Procedure:
An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly.
Dissemination of Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
42 148
EEOC CONTACT INFORMATION
EEOC's National Contact Center (NCC) customer service representatives are available to assist you in more than 100 languages between 8:00 a.m. and 8:00 p.m. Eastern Time. An automated system with answers to frequently asked questions is available on a 24-hour basis. You can reach the NCC:
By mail: U.S. Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
By phone: 1-800-669-4000
By Email: [email protected],
EEOC Headquarters is located at: U.S. Equal Employment Opportunity Commission 1801 L Street, N.W.
DFEH CONTACT INFORMATION
Employment/Public Accommodations:
Housing:
Hate Violence:
Washington, D.C. 20507
Phone: (202) 663-4900
TTY: (202) 663-4494
43 1-800-884-1684
1-800-233-3212 (Within California)
1-510-622-2946 (Outside California)
1-800-884-1684
149
1. 2.
RULE XVII
DRESS CODE AND GROOMING POLICY
Purpose
a. It is important that City employees represent the City in a professional manner and reflect a positive image. City employees' appropriate grooming and attire are keys to achieving and maintaining the City's positive image to the public. It is recognized that the personal appearance of employees is a reflection of the professionalism of City services.
Policy Application
a. This policy defines a minimum standard for all employees, as well as volunteers, who work for the City. Final decisions on appropriate work attire rest with each Department Head.
3. Provisions
4. a. City employees should always be well groomed and dressed in a manner suitable for the public service environment, the specific nature of the work they perform and to reflect favorably the City's image.
Personal Appearance
a. Body Piercin2
Except for conventional earrings, nose rings and other piercing jewelry are not acceptable in the workplace.
b. Tattoos
Visible tattoos that are inconsistent with City policies governing harassment or that are otherwise deemed offensive or inappropriate in a professional business setting are prohibited and must be covered while employees are on duty. Existing tattoos of current employees as of the date of this policy shall continue to be allowed so long as they do not constitute a form of unlawful harassment, they are not offensive or inappropriate in a professional business setting or otherwise violate applicable laws and are kept covered whenever possible.
c. Personal Groomin2
(1) Employees must bathe regularly and hair should be neat and well groomed.
Hair color must be natural looking; bold colors, such as pink or blue, are not acceptable.
(2) Facial hair, such as beards and mustaches, should be maintained in a neat and safe manner.
44 150
5. (3) Make-up should be natural looking.
( 4) Nails should be maintained in a neat and safe manner.
Business Professionals
a. This section applies only to employees who are not required to wear a City-designated uniform.
b. City employees are expected to dress in "Business Professional" attire. All clothing is expected to be business professional attire during regular hours of operation and any after-hour City meetings or events. Listed below is a general overview of acceptable "Business Professional" wear, as well as a listing of some of the more common items that are not appropriate for the office. Neither group is intended to be all inclusive. c. The following articles of clothing ARE ACCEPTABLE "Business Professional" attire:
• Dress shirt with or without a tie
• Dress pants
• "Dockers", "Khakis" or "Chino" style pants
• Men's suits and blazers/vests
• "Polo" style shirts with collars
• Women's suits with pants or skirts
• Dress pants, including capri pants, or skirts
• Blouses/shirts/sweaters/vests
• Professional style dresses
• Dress shoes, with or without a heel, flats, or loafers • Heels less than 4 inches
• City-provided shirts and blouses with an authorized City logo • Colored denim pants
d. The following articles of clothing ARE NOT ACCEPTABLE:
• Shorts of any type
• Leggings
• Athletic type or logo T-shirts
• Flannel shirts
• Sweatpants
45 151
• Tank tops or T-shirts without jackets
• Halter or bare midriff tops
• Spaghetti strap or backless tops or dresses
• Strapless or off-the-shoulder tops or dresses
• "See through" clothing
• Flip Flops or athletic sandals
• Frayed, wrinkled, torn, or faded clothing
• Dresses and skirts must not be shorter than mid-thigh
6. Uniforms
a. This section shall only apply to employees required to wear uniforms as designated by the City.
b. Each employee is responsible for wearing a City furnished uniform at all times while performing City-related work.
c. A uniform, or any part of it, is to be worn only during working hours and in traveling between work and home and may be worn to City approved classes, conferences and meetings. CITY UNIFORMS ARE NOT TO BE WORN AT ANY OTHER TIME. I d. More specific uniform requirements may be provided to you by the City based on your position.
46 152
RULE XVIII
NEPOTISM POLICY
1.0 Purpose & Policy
1.1 The City desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism, possible claims of sexual harassment, and employee morale problems that can potentially result from familial or intimate personal relationships between City employees employed in the same department or line of supervision.
1.2 It is the policy of the City to prohibit appointment of any person to a position in City employment if that person would be in the line of supervision of a person "related" to the employee. It is further the policy of the City, if an employee becomes "related" to a person in his or her line of supervision, to change the line of supervision through steps (determined in the City's sole discretion) including but not limited to transfer, shift change, or termination of either employee.
2.0 Definition and Application
2.1 For purposes of this policy the following definitions apply:
Related - includes but is not limited to, a spouse, domestic partner, child, sibling, parent, grandparent, grandchild, aunt/uncle, and niece/nephew. Relations may be by blood, marriage, adoption, cohabitation or doi;nestic partnership, including in-law, step-, and half-relationships.
Domestic Partners - are individuals who are living together and sharing a common domestic life together.
Supervisor - any person who has authority, direct or indirect, over another by virtue of his or her rank, job classification, or training assignment, including but not limited to: Directors, management employees and supervisors.
2.2 This policy applies to all employees and all departments of the City.
3.0 Procedures
3.1 An applicant may not be hired into, and a current employee may not be appointed into, a position in the line of supervision with another employee who is a related person.
3.2 Any employee who becomes related to another employee in his or her line of supervision as well as any supervisor who becomes aware of such a relationship, must immediately notify their Department Director or the Human Resources Manager of the existence of the relationship so that the City can take appropriate steps. Failure to disclose the existence of the "related" relationship listed above is a violation of this 47 153
policy and may lead to disciplinary action, up to and including termination (of both employees and/or a supervisor who was aware of the relationship and failed to properly report it to the Department Director or Human Resources).
3.3 If a person employed by the City becomes related to someone in his or her line of supervision, the City may take whatever action it deems appropriate, in its sole discretion, up to and including but not limited to transfer, shift change, or termination of either employee.
3.4 The City reserves the right to reasonably investigate situations in the workplace to determine whether a personal relationship exists and therefore presents a possible violation of this policy. To ensure flexibility and fundamental fairness, each situation will be reviewed on a case-by-case basis.
48 154
AGENDA ITEM
IJune 16. 2026 City Council Meeting
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director/Treasurer
Date: June 16, 2026
I SUBJECT
Receive Monthly Cash Balances.
I DISCUSSION
Separate from the Quarterly Treasurer's Reports, the Finance Director is presenting the month-end cash balances for all cash-on-hand bank accounts. The attached report reflects account balances as of May 31, 2026. Par value represents the actual balances held in the accounts, while book value reflects the general ledger balances, inclusive of outstanding checks and other pending transactions.
I ATTACHMENT
Cash Balance Report
ITEM 6.6 PAGE 1 6/16/2026
155
City of Anderson
Cash Balances
Month Ending May 31, 2026
Percent of
Days to Total
Issuer Rate Maturity Par Value Book Value Investments
Checking and Passbook accounts
Primary Checking Tri-Counties Bank na na 1,664,244 1,489,120 Payroll Checking Tri-Counties Bank na na 1,000 1,000
Checking - City Events Tri-Counties Bank na na 90 90
Passbook Savings Tri-Counties Bank 0.01% na 33,292 33,292 REDIP Reserve Acct Tri-Counties Bank 0.01% na 21,196 21,196 Money Market Tri-Counties Bank 0.40% na 25,897 25,897
Subtotal 1,745,719 1,570,595 54.62%
Certificates of Deposit
0 0 0.00%
Local Agency Investment Fund
Local Agency Investment Fund na 3.930% 1 1,304,904 1,304,904 45.38% Total Funds Held by the City of Anderson on May 31, 2026 3,050,623 2,875,499 100.0% Total Funds Held by the City of Anderson on April 30, 2026 403,081 305,675 2,647,543 2,569,825
Weighted Average Yields 1.685%
Weighted Average Days to Maturity 1
156
AGENDA ITEM
June 16, 2026 City Council Meeting
h-Deshais, Ci
ented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Lisa Lozier, Senior Planner
Date: June 16, 2026
!SUBJECT
General Plan Amendment (GPA 26-02) and Rezone (RZ 26-02), and Introduction ofan Ordinance
I RECOMMENDATION
Adopt an ordinance (second reading), approving General Plan Amendment No. 26-02 and Rezone No. 26-02, pursuant to City of Anderson Zoning Code Chapter 17.54 Zoning Amendments, as introduced (first reading) on May 19, 2026.
I FISCAL IMPACT
The recommended actions have no direct fiscal impact on the City budget. Future development of the vacant portion of the property could generate revenues and expenses for the City.
I DISCUSSION and BACKGROUND
On April 27, 2026, the Planning Commission conducted a meeting at which they reviewed the proposed project outlined in the attached Planning Commission Staff Report and adopted Planning Commission Resolution No. PC 26-03, making the recommendations reflected in this report.
ITEM 6.8 6/16/2026
157
The project site consists of a 3.09-acre undeveloped parcel. This project is proposed to support future medium-density residential development, including 46 townhouse units with parking and private backyard areas. The project also includes new infrastructure, such as internal streets, utilities, and a stormwater retention basin. This project is proposed to support General Plan Housing Element Goal HE.2: Provide adequate sites to meet future housing needs and Anderson's share of regional housing needs.
The project site is currently zoned General Commercial (C-1), and the existing General Plan land use designation is Commercial (C). The site is surrounded by a variety of uses, including medium-density residential development, single-family residences, commercial businesses, and undeveloped parcels. Surrounding land uses and zoning are as follows:
North:
Sfil!th:
East:
Undeveloped parcels; High Density Residential (R-3) zoning district.
Single-family dwellings; Medium Density Residential (R-2) zoning district.
Single-family dwellings and apartments; Medium Density Residential (R-2) zoning district.
Equipment sales and undeveloped parcels; C-1 (General Commercial) zoning district.
General Plan:
From Section 2.4.5 of the Anderson General Plan, the Medium Density Residential Land Use Designation allows for 10 to 20 dwelling units per gross acre. The housing types planned for this density are duplexes, triplexes, four-plexes, townhouses, and similar multiple-unit residential developments. Apartment, condominium, or cooperative units with Planned Development Zoning are permitted within this density category. Urban services required for this increased density make the location more selective than for lower densities.
Concerns regarding access, proximity to commercial services, impacts from adjoining uses, and meeting housing needs should be addressed when applying this density to the plan.
Mobile home parks would be placed in this category. This designation may be used for small areas to promote integration of a variety of housing types. Section 2.5 of the General Plan Land Use Element addresses "Land Use Element Objective, Policies, and Implementation Programs" policies relevant to this project include:
• GP-1 Sufficient areas will provide for each type of land use to permit full development needed to meet the demands of population growth and economic advancement.
• GP-4 Approve suitable projects which extend an orderly pattern of growth and do not cause "leapfrog" type development. (Circulation Element) (Air Quality Element) • GP-8 Infill development of the vacant areas within the City Limits shall be encouraged in order for the City to provide services to its residents more efficiently. • RP-4 In areas where different land uses abut one another, promote land use compatibility by using buffering techniques, landscaping, setbacks, screening, and sound walls.
• RP-5 The community should encourage compact, well-defined living areas and discourage residential sprawl
ITEM 6.8 6/16/2026
158
• RP-6 Encourage clustering higher density residential development at locations within convenient walking distance of the Old Town Core, shopping centers, and bus routes. (Circulation Element, Air Quality Element)
Zone District:
Anderson Municipal Code Sections 17.10.040 and 17.10.050 set forth the City's building site requirements for the Medium Density Residential (R-2) zoning district. The minimum lot area in the R-2 zoning district is 6,000 square feet for interior lots, and 7,000 square feet for corner lots. The maximum height of dwellings is thirty feet, and twenty feet for accessory buildings. All proposed development for this site must meet density, height, and yard requirements, as well as other applicable Anderson Municipal Code requirements pertaining to multi-family residential construction, including approval by the Design Review Committee.
I FINDINGS
General Plan Amendment:
The proposed General Plan Amendment from Commercial (C) to Medium Density Residential (MDR) will not be detrimental or injurious to the general welfare of the city, as it is consistent with the variety of residential development adjacent to and in the general vicinity of the project site. City utilities are available to serve the development, and no potential traffic impacts have been identified as a result of this amendment.
Rezone:
The proposed Rezone from General Commercial (C-1) to Medium Density Residential (R-2) will not be detrimental or injurious to the general welfare of the city, as the proposed (R-2) zone district will not create a conflict with adjacent existing commercial or multi-family residential uses. Other (R-2) zoned parcels are located near the vicinity of the project site, and the proposed use of the parcel will not conflict with the surrounding uses.
Environmental Determination:
Rezone has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section pursuant to CEQA Guidelines Section the General Rule CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the proposed rezone may have a significant effect on the environment.
I ATTACHMENTS
1. Ordinance rezoning from C-1 to R-2
2. Resolution approving a General Plan Amendment
ITEM 6.8 6/16/2026
159
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON TO AMEND
THE ZONING ORDINANCE OF THE CITY OF ANDERSON, A PORTION OF THE ZONING PLAN MAP (REZONE 26-02)
The City Council of The City of Anderson Does Ordain as Follows:
SECTION 1. The following described real property is hereby rezoned from the General Commercial (C-1) zone district to the Medium Density Residential (R-2) zone district (as shown on Exhibit A, attached hereto, and incorporated herein).
Assessor's Parcel Number 201-910-068-000. The proposed project area totals 3.09 acres of undeveloped land located at the southeast corner of Gateway Drive and Redbud Lane.
SECTION 2. The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review.
SECTION 3. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing ordinance was introdµced at a regular meeting of the City Council of the City of Anderson held on May 19, 2026 (first reading), and second reading at a regular meeting of the City Council of the City of Anderson held on June 16, 2026, by the following vote AYES:
NOES:
ABSENT:
ABSTAIN:
DAN GALLIER, Mayor
ATTEST:
CHRISTY WHITE, City Clerk
Attachment 1- Proposed Ordinance, RZ 26-02 (Gateway Drive Townhouses) 160
EXHIBIT A to ORDINANCE NO.
Assessor's Parcel Number 201-910-068-000
Attachment 1 - Proposed Ordinance, RZ 26-02 {Gateway Drive Townhouses) 161
RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON APPROVING A
GENERAL PLAN LAND USE MAP AMENDMENT
WHEREAS, an application has been filed by Zinco Holdings, LLC to amend the General Pan land use designation map of Assessor's Parcel Number (APN) 201-910-068 from Commercial (C) to Medium Density Residential (MOR - proposed) and amend the current zone district map from General Commercial (C-1 - existing) to Medium Density Residential (R-2 - proposed) as indicated on Exhibit A, incorporated herein; and WHEREAS, the City of Anderson Planning Commission held a duly noticed public hearing on April 27, 2026, to consider a staff report and public comment regarding General Plan Amendment (GPA 26-02) to the City of Anderson Land Use Map and proposed Environmental determination; and
WHEREAS, on April 27, 2026, the Planning Commission of the City of Anderson recommended that the Anderson City Council approve proposed General Amendment (GPA 26-02) to amend the general plan land use map from Commercial (C) to Medium Density Residential (MOR) as indicated on Exhibit A, incorporated herein; and WHEREAS, a public hearing was held on May 19, 2026, which was duly noticed pursuant to Government Code §65090 in a paper of general circulation, and a mailed notice was sent td surrounding property owners; and
WHEREAS, the subject General Plan Map Amendment (GPA 26-02) has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 1506 l(b) (3), General Exemption.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDERSON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council Finds That:
a. The proposed General Plan Map Amendment will not be detrimental or injurious to the general welfare of the city, as it would allow for residential development in an area bordered by medium residential development to the south and east. b. The proposed General Plan Map Amendment (GPA26-02) is consistent with Section 2.4.5 of the Anderson General Plan. The Medium Density Residential Land Use Designation includes housing types such as duplexes, triplexes, fourplexes, and other similar multiple-unit residential developments.
Attachment 2- RESOLUTION NO. XXX: GPA 26-02 (Gateway Drive) 162
SECTION 2. Incorporation of Recitals: The recitals in this Resolution are true and correct and incorporated herein.
SECTION 3. The City of Anderson finds that this Resolution is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines section 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Resolution is therefore not subject to the provisions requiring environmental review.
SECTION 4. Recommend approval of the proposed General Plan Map Amendment (GPA 26- 02) based on the entire record before the City Council, all written and oral evidence presented, and findings made in the staff report and this Resolution, the City Council of the City of Anderson hereby adopts Resolution No ____ _
PASSED AND ADOPTED by the members of the City Council this 16th day of June 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DAN GALLIER, Mayor
ATTEST:
CRISTY WHITE, City Clerk
Attachment 2- RESOLUTION NO. XXX: GPA 26-02 (Gateway Drive) 163
EXHIBIT A
CITY COUNCIL RESOLUTION
GENERAL PLAN MAP AMENDMENT 26-02
Attachment 2 - RESOLUTION NO. XXX: GPA 26-02 (Gateway Drive)
164
AGENDA ITEM
~une 16, 2026, City Council Meetin~
esented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From:
Date:
Eric Haynes, Lieutenant, via Chief Collins
June 16, 2026
jSUBJECT
Approval of Rotational Towing Services Agreement and Establishment of Official Police Tow Rotation List
I RECOMMENDATION
1. Authorize the City Manager to execute a two-year agreement with All Car and Truck Towing, Inc to provide police rotational towing and storage services, subject to nonsubstantive changes approved by the City Attorney.
2. Authorize the City Manager to execute a two-year agreement with Premier Towing to provide police rotational towing and storage services, subject to non-substantive changes approved by the City Attorney.
I FISCAL IMPACT
There is no direct fiscal impact associated with approval of the rotational towing services agreement. Costs associated with police-requested towing services are generally recovered from ITEM 6.9 PAGE1 6/16/2026
165
vehicle owners or otherwise handled pursuant to applicable law. Administrative oversight of the towing program will be performed using existing departmental resources.
I DISCUSSION and BACKGROUND
The Police Department utilizes towing services for vehicle impounds, evidence holds, abandoned vehicles, traffic collisions, and other law enforcement-related activities. To ensure fair and equitable distribution of towing assignments, the Department maintains a rotational towing system consisting of qualified towing providers that meet established requirements as outlined in the Anderson Police Department's Towing Service Agreement (TSA).
The City of Anderson published an RFP for the FY26/28 TSA on May 4, 2026. The application period closed on May 30, 2026 and the Police Department received three (3) applicants.
The three towing companies were evaluated based on established criteria including:
• Valid California business licenses;
• Compliance with CHP Tow Service Agreement requirements; • Appropriate insurance coverage;
• Criminal background checks;
• Adequate storage facilities and security measures;
• Availability of required towing equipment;
• Response time capabilities;
• Compliance with applicable state and local regulations; and • Demonstrated ability to provide professional and reliable service. • Current tow vehicle inspections completed prior by CHP staff; Following an evaluation of the towing companies that submitted applications, two companies were identified as the most qualified candidates: All Car and Truck Towing and Premier Towing.
Both companies meet California Highway Patrol (CHP) Tow Service Agreement (TSA) standards and currently maintain TSA contracts with the City of Anderson. The third applicant did not meet the minimum TSA requirements and was not approved by the CHP to participate in its rotational towing program.
The proposed agreement establishes operational standards, response requirements, insurance requirements, indemnification provisions, fee schedules, complaint procedures, and suspension or removal provisions for non-compliance.
The rotational towing program provides several benefits including fair and equitable distribution of police requested towing assignments, consistent service standards, reduced administrative burden on police personnel, improved accountability for participating tow operators, and enhanced service to the public. The Police Department recommends approval of the proposed rotational towing services agreement and establishment of the official tow rotation list.
ITEM 6.9 PAGE2 6/16/2026
166
I ATTACHMENT
1. Draft Agreement with All Car and Truck Towing
2. Draft Agreement with Premier Towing
3. Exhibit A- APD Tow Service Agreement 2026-2028
4. Exhibit 8 - Rate Sheets
ITEM 6.9 PAGE3 6/16/2026
167
CITY OF ANDERSON
PROFESSIONAL SERVICES CONTRACT
ROTATIONAL TOW SERVICES
THIS CONTRACT is made at Anderson, California, by and between the City of Anderson {"City"), a municipal corporation, and All Car Truck and Towing ("Contractor") for the purpose of providing Rotational Tow Services for the Anderson Police Department for the City of Anderson.
WHEREAS, City desires to engage the services of All Car Truck and Towing ("Contractor") as an independent contractor to provide rotational towing services for the City of Anderson ("City"); and
WHEREAS, based on Contractor's qualifications and experience, it was determined by City that Contractor offers an optimal combination of qualities that provide the City with the best value for the services required.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:
SECTION 1. CONTRACTOR SERVICES
A. Contractor will provide all services set forth in its proposal, which is attached hereto as Exhibit "A."
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. Contractor will be compensated for its services as set forth in its proposal, which is attached hereto as Exhibit "B."
SECTION 3. TERM AND TERMINATION
A. The term of the Agreement shall be July I, 2026, through June 30. 2028.
B. If Contractor fails to perform its duties to the satisfaction of City, or if Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Contractor.
C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice.
Contractor Services Agreement -All car Truck & Towing Page 1 168
D. In the event that City gives notice of termination, Contractor shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Contractor pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.
E. In the event that City terminates the Contract, Contractor shall pay any amounts remaining owed under Section 2, and return any personal property items still held by Contractor that have not been sold through the auction process.
F. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract.
SECTION 4 MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. Pursuant to the City's business license ordinance, Contractor shall obtain a City business license prior to commencing work.
B. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Contractor to practice its profession.
D. Contractor shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Contractor performs under this Contract. Any and all taxes imposed on Contractor's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of City. Contractor shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. The work being performed by Contractor is outside the usual course of the City's business and Contractor is customarily engaged in the trade, occupation and/or business of the type required in this Contract.
E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.
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F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Contractor may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Contractor shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Contractor shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City shall determine to be necessary.
G. Contractor, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.
H. Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.
Contractor shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.
I. Contractor shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Contractor's profession. All products of whatsoever nature which Contractor delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Contractor and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Contractor in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Contractor. City shall release, defend, indemnify and hold harmless Contractor from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Contractor, except for use by City on those portions of the City's project for which such items were prepared.
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K. City makes no representation as to the effect of this independent contractor relationship on Consultant's previously earned California Public Employee Retirement System ("CalPERS") retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination.
L. Contractor, including its employees, agents, and subcontractors, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Contractor shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Contractor's economic interest, and 2) if required by the City Attorney, Contractor shall file financial disclosure forms with the City Clerk.
SECTIONS. INSURANCE
A. Unless modified in writing by City, Contractor shall maintain the following noted insurance during the duration of the Contract:
Covera1:e Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation.and Employers' Liability X
Professional Liability (Errors and Omissions) X
(Place an "x" in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and C ont ractor Services Agreement-All Car Truck & Towing Page4 171
Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;
4. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Contractor; premises owned, leased or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
2. The insurance coverage of Contractor shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Contractor shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30} calendar days' prior written notice has been given to City. In addition, Contractor agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII.
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F. Contractor shall designate the City as a Certificate Holder of the insurance.
Contractor shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: City Manager, City of Anderson, 1887 Howard Drive, Anderson, CA 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City prior to the commencement of contracted services. City may withhold payments to Contractor if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.
G. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Contract, including, without limitation, provisions concerning indemnification.
H. If any policy ofinsurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Contractor shall immediately notify City no later than three (3) calendar days after the event, Contractor shall submit a written report to City containing the following information, as applicable:
1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Contractor its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.
B. The Contractor's obligation to defend, indemnify and hold harmless shall not be excused because of the Contractor's inability to evaluate liability. The Contractor Contractor Services Agreement- All Car Truck & Towing Page 6 173
shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City.
If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Contractor herein.
C. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.
D. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City
E. City shall have the right to approve or disapprove the legal counsel retained by Contractor pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Anderson, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.
B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Contractor. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or Contractor Services Agreement - All Car Truck & Towing Page 7 174
conversation entitle Contractor to any additional payment whatsoever under the terms of this Contract.
C. No covenant or condition to be performed by Contractor under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Contractor of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Contractor.
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SECTION 8. SURVIVAL
The provisions set forth in Sections 4 through 7, inclusive, of this Contract shall survive termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Contractor shall comply with all applicable laws, ordinances and codes of federal, state and local governments.
B. In the performance of this Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Contractor shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Lieutenant Eric Haynes, telephone number 530-378-6616 and email [email protected]. All of Contractor's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.
B. Contractor's representative for this Contract is _____ , telephone number ______ . All of City's questions pertaining to this Contract shall be referred to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required herein.
SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:
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To City: City of Anderson
Attn: Lt Eric Haynes
Anderson Police Department
2220 North Street
Anderson, CA 96007
To Contractor:
All Car and Truck Towing
7024 HWY 273
Anderson, CA 96007
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: I) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Contractor or otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
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IN WITNESS WHEREOF, City and Contractor have executed this Contract on the days and year set forth below:
Dated: ____ _, 2026
ATTEST:
By: CHRISTY WHITE, City Clerk
Dated: ____ _, 2026
Dated: ____ _, 2026
Contractor Services Agreement - All Car Truck & Towing
CITY OF ANDERSON,
A Municipal Corporation
By: JOEY FORSETH-DESHAIS
City Manager
APPROVED AS TO FORM:
COLLIN BOGENER
City Attorney
CONTRACTOR
By: -------------
By: _ ___________ _
Tax ID No.: _________ _
178
CITY OF ANDERSON
PROFESSIONAL SERVICES CONTRACT
ROTATIONAL TOW SERVICES
THIS CONTRACT is made at Anderson, California, by and between the City of Anderson ("City"), a municipal corporation, and Premier Towing ("Contractor") for the purpose of providing Rotational Tow Services for the Anderson Police Department for the City of Anderson.
WHEREAS, City desires to engage the services of Premier Towing ("Contractor") as an independent contractor to provide rotational towing services for the City of Anderson ("City"); and
WHEREAS, based on Contractor's qualifications and experience, it was determined by City that Contractor offers an optimal combination of qualities that provide the City with the best value for the services required.
NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:
SECTION 1. CONTRACTOR SERVICES
A. Contractor will provide all services set forth in its proposal, which is attached hereto as Exhibit "A."
SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. Contractor will be compensated for its services as set forth in its proposal, which is attached hereto as Exhibit "B."
SECTION 3. TERM AND TERMINATION
A. The term of the Agreement shall be July l. 2026, through June 30, 2028.
B. If Contractor fails to perform its duties to the satisfaction of City, or if Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Contractor.
C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice.
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D. In the event that City gives notice of termination, Contractor shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Contractor pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.
E. In the event that City terminates the Contract, Contractor shall pay any amounts remaining owed under Section 2, and return any personal property items still held by Contractor that have not been sold through the auction process.
F. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract.
SECTION 4 MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. Pursuant to the City's business license ordinance, Contractor shall obtain a City business license prior to commencing work.
B. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Contractor to practice its profession.
D. Contractor shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Contractor performs under this Contract. Any and all taxes imposed on Contractor's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of City. Contractor shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. The work being performed by Contractor is outside the usual course of the City's business and Contractor is customarily engaged in the trade, occupation and/or business of the type required in this Contract.
E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.
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F. No portion of the work or services to be performed under tµis Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Contractor may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Contractor shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Contractor shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City shall determine to be necessary.
G. Contractor, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.
H. Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.
Contractor shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.
I. Contractor shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Contractor's profession. All products of whatsoever nature -which Contractor delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Contractor and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.
J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Contractor in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Contractor. City shall release, defend, indemnify and hold harmless Contractor from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Contractor, except for use by City on those portions of the City's project for which such items were prepared.
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K. City makes no representation as to the effect of this independent contractor relationship on Consultant's previously earned California Public Employee Retirement System ("CalPERS") retirement benefits, if any, and Consultant specifica11y assumes the responsibility for making such a determination.
L. Contractor, including its employees, agents, and subcontractors, sha11 not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Contractor shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Contractor's economic interest, and 2) if required by the City Attorney, Contractor shall file financial disclosure forms with the City Clerk.
SECTION 5. INSURANCE
A. Unless modified in writing by City, Contractor shall maintain the following noted insurance during the duration of the Contract:
Coverage Reguired Not Reguired
Commercial General Liability X
Comprehensive Vehicle Liability X
Workers' Compensation and Employers' Liability X
Professional Liability (Errors and Omissions) X
(Place an "x" in the appropriate box)
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Contractor Services Agreement - Premier Towing Page4
182
Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;
4. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.
C. Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.
D. The General Liability shall contain or be endorsed to contain the following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Contractor; premises owned, leased or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
2. The insurance coverage of Contractor shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Contractor shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Contractor agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current AM.Best's rating of no less than A-VII.
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F. Contractor shall designate the City as a Certificate Holder of the insurance.
Contractor shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: City Manager, City of Anderson, 1887 Howard Drive, Anderson, CA 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf All endorsements are to be received and approved by the City prior to the commencement of contracted services. City may withhold payments to Contractor if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.
G. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Contract, including, without limitation, provisions concerning indemnification.
H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.
I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Contractor shall immediately notify City no later than three (3) calendar days after the event, Contractor shall submit a written report to City containing the following information, as applicable:
1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Contractor its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.
B. The Contractor's obligation to defend, indemnify and hold harmless shall not be excused because of the Contractor's inability to evaluate liability. The Contractor Contractor Services Agreement - Premier Towing Page6
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shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City.
If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Contractor herein.
C. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.
D. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or Cal PERS to be eligible for enrollment in Cal PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City
E. City shall have the right to approve or disapprove the legal counsel retained by Contractor pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney1s fees incurred by City in enforcing the obligations set forth in this Section.
SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Anderson, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.
B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Contractor. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or Contractor Services Agreement - Premier Towing Page 7
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conversation entitle Contractor to any additional payment whatsoever under the terms of this Contract.
C. No covenant or condition to be performed by Contractor under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Contractor of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.
H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Contractor.
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SECTION 8. SURVIVAL
The provisions set forth in Sections 4 through 7, inclusive, of this Contract shall survive termination of the Contract.
SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Contractor shall comply with all applicable laws, ordinances and codes of federal, state and local governments.
B. In the performance of this Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Contractor shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
SECTION 10. REPRESENTATIVES
A. City's representative for this Contract is Lieutenant Eric Haynes, telephone number 530-378-6616 and email [email protected]. All of Contractor's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.
B. Contractor's representative for this Contract is _____ , telephone number ______ . All of City's questions pertaining to this Contract shall be referred to the above-named person.
C. The representatives set forth herein shall have authority to give all notices required herein.
SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender {may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:
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To City: City of Anderson
Attn: Lt Eric Haynes
Anderson Police Department
2220 North Street
Anderson, CA 96007
To Contractor:
Premier Towing
6076 HWY 273
Anderson, CA 96007
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.
C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.
SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.
B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Contractor or otherwise substantially change the scope of the services provided herein.
SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
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IN WITNESS WHEREOF, City and Contractor have executed this Contract on the days and year set forth below:
Dated: _____ ,2026
ATTEST:
By: CHRISTY WHITE, City Clerk
Dated: ____ _, 2026
Dated: ____ _,2026
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CITY OF ANDERSON,
A Municipal Corporation
By: JOEY FORSETH-DESHAIS
City Manager
APPROVED AS TO FORM:
COLLIN BOGENER
City Attorney
CONTRACTOR
By: _____________ _
By:. _____________ _
Tax ID No.:. _________ _