SPECIAL MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MARCH 07, 2023 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Donny Horton Councilmember
Susana Reyes Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. The City may request speakers to designate a spokesperson to provide public input on behalf of a group, based on the number of people requesting to speak and the business of the City.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Special Arvin City Council Meeting Agenda – March 07, 2023
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility. (Gerry Lemus, Veolia Water)
Staff recommends approval of the Resolution.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. Consideration and Approval to Adopt the City of Arvin Policy and Procedure Manual. (ACM / HR Manager)
Staff recommends adoption of the City of Arvin Policy and Procedure Manual.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___
4. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 24 hours prior to the meeting. Dated March 06, 2023.
Cecilia Vela, City Clerk
Opportunities for the City of Auburn, CA
Water, Energy, Food & Waste
Prepared by John Burdette
Veolia North America
Facilities, Buildings and Service
02/28/2023
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Business Development Manager
Facilities & Building Services
Veolia North America
Mobile: +1-530-368-7886
Email: [email protected]
INTRODUCTIONS
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Proposed Decision
Net Energy Metering (NEM 2.0) ∙ Reducing the economic value of going solar 50 -
75% from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities In order to take advantage of this, the first
recommendation is to go solar now, if you
haven’t already. It is very likely that customers
on NEM 2.0 will not see any changes with the
new program. Experts speculate that, as
before, the CPUC will grandfather older
systems in and continue to uphold the original
agreements. This means going solar now would
most likely allow you to lock in the net metering
2.0 benefits for 20 years.
CPUC Proposed Decision
Net Energy Metering (NEM 2.0)
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 5 https://data.bls.gov/pdq
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 6 3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 7 3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 8 3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 9 VEOLIA’S PROVEN (FBS) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
● Solar Renewable Energy Generation
to be installed on ground mounted
racking systems around perimeter of
the WWTP.
● Revenue generation for the City of
Arvin through the land lease.
● Lease to fit within PPA parameters for
energy savings goals.
● Location approved by city staff and
Veolia Municipal Water.
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Land Lease Example – City of Arvin
Land Lease will provide revenue to
the City of Arvin
Land Lease will escalate at the same
rate as the Power Purchase
Agreement of 3% annually.
Land lease is compensating the City
at an above market value (2X) for the
land lease for the proposed solar
system at $0.06 per square foot or
$2,613.60 per acre, per year.
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Land Lease Example – City of Arvin
Acres
Square Feet
Per Acre
Rate Per Square
Foot
Lease Payment to the
City of Arvin
1 2024 5 43,560.00 $ 0.0600 $ 13,068.00 3.0% Annual Land Lease Escalation 2 2025 5 43,560.00 $ 0.0618 $ 13,460.04
3 2026 5 43,560.00 $ 0.0637 $ 13,863.84
4 2027 5 43,560.00 $ 0.0656 $ 14,279.76
5 2028 5 43,560.00 $ 0.0675 $ 14,708.15
6 2029 5 43,560.00 $ 0.0696 $ 15,149.39
7 2030 5 43,560.00 $ 0.0716 $ 15,603.88
8 2031 5 43,560.00 $ 0.0738 $ 16,071.99
9 2032 5 43,560.00 $ 0.0760 $ 16,554.15
10 2033 5 43,560.00 $ 0.0783 $ 17,050.78
11 2034 5 43,560.00 $ 0.0806 $ 17,562.30
12 2035 5 43,560.00 $ 0.0831 $ 18,089.17
13 2036 5 43,560.00 $ 0.0855 $ 18,631.84
14 2037 5 43,560.00 $ 0.0881 $ 19,190.80
15 2038 5 43,560.00 $ 0.0908 $ 19,766.52
16 2039 5 43,560.00 $ 0.0935 $ 20,359.52
17 2040 5 43,560.00 $ 0.0963 $ 20,970.30
18 2041 5 43,560.00 $ 0.0992 $ 21,599.41
19 2042 5 43,560.00 $ 0.1021 $ 22,247.40
20 2043 5 43,560.00 $ 0.1052 $ 22,914.82
$ 351,142.05
Year
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities
BUDGET NEUTRALITY
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14
FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
Power Purchase Agreements (PPA’s)
Allows for access to private sector financing and the transfer of risk from the public entity to the private sector.
Veolia will leverage third party financing that will take full advantage of the Federal Investment Tax Credits (ITC) that will allow us to provide power at a lower cost than PG&E.
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade Energy and Climate Action Planning Solutions • Energy Benchmarking • Historical Usage Patterns • General Load Analysis • Routine Site Visits • Project Feasibility Assessments • HVAC Scheduling & Optimization • Utility Rate Analysis and Optimization • Measurement & Verification • Commissioning, Retro-Commissioning & Continuous Commissioning
• Custom Energy, Water, Waste, and GHG Reduction Dashboards • EnergyStar Certification • LEED Certification • Staff Training • Community Awareness and Education Programs • Utility rates, incentives and rebate updates Hubgrade
Advanced Intelligence coupled with Human Experience
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 16 • County of San Louis Obispo • County of San Mateo • County of Santa Clara • Solano County • City of Oakland • City of Burbank • City of Rialto • City of Arvin • City of Rio Vista • City of Palm Springs • West Basin Municipal Water District
RECENT CALIFORNIA LOCAL GOVERNMENT
ENERGY AND WATER PROGRAM CLIENTS
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (FBS) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council to Pass Resolution Approving Solar Location and Zero Cost 02/28/2023 Project Development
• Finalize Funding Solutions with Power Purchase Agreement 03/10/2023 • City Council Public Hearing and Resolution 03/28/2023
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?
3.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar
Staff Report Authorizing Veolia to locate and install solar system at Arvin WWTF.
CITY OF ARVIN
Staff Report
Meeting Date: March 07, 2023
TO: Arvin City Council
FROM: Gerry Lemus, Veolia Water
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility.
BACKGROUND:
Veolia wishes to install a solar renewable energy generating system at the wastewater treatment plant. Veolia is willing to pay for all project development, engineering, interconnection applications and to install the solar renewable energy system turnkey with guaranteed performance.
Veolia has conducted a detailed energy usage and cost analysis at no cost to the city. The data indicates that the PG&E and Constellation Energy cost of electricity including generation, transmission and distribution charges has been escalating at a rate of 11%+ per year over the last 10+ years and well above the CPI escalation rate allowed in the Veolia contract.
The proposed solar renewable energy system will immediately reduce cost by 5% to immediately reduce electric charges and will also fix the rate of escalation to a much lower and predictable escalation rate of 3% per year. This will offer a hedge against the high inflation of PG&E delivered power and offer a revenue stream to the city through a land lease in the area that the solar array will be located at the wastewater treatment plant.
The project will be financed through a Power Purchase Agreement (PPA) and will have a buyout option in year 12 when the Veolia contract expires. The city will have the option to keep the PPA in place at this time or purchase the array. If Veolia’s contract is extended, then the PPA will remain in place throughout the extended contract period. If the city chooses another operator, then the city will have the option to keep the PPA in place with the new operator or purchase the system outright. The development of the renewable energy system will require a land lease and easement rights so Veolia can install the system at the wastewater treatment facility and interconnect to the PG&E utility grid.
The development of the solar renewable energy system will require a land lease and easement rights so Veolia can install, operate and maintain the system at the wastewater treatment facility
3.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTF_030723 (Authorizing Veolia to Install A Solar Renewable Energy
Staff Report Authorizing Veolia to locate and install solar system at Arvin WWTF. and interconnect to the PG&E utility grid. The proposed land lease will provide a revenue stream for the City of Arvin at $0.06 per square foot or $13,068.00 first year land lease if the full five acres are used to install the solar system, as illustrated in the table below. The land lease shall escalate at a 3% rate per year for the next 20 years, in line with the Power Purchase Agreement (PPA) rate of escalation that is fixed for the duration of the contract.
Acres
Square Feet
Per Acre
Rate Per Square
Foot
Lease Payment to the
City of Arvin
1 2024 5 43,560.00 $ 0.0600 $ 13,068.00
2 2025 5 43,560.00 $ 0.0618 $ 13,460.04
3 2026 5 43,560.00 $ 0.0637 $ 13,863.84
4 2027 5 43,560.00 $ 0.0656 $ 14,279.76
5 2028 5 43,560.00 $ 0.0675 $ 14,708.15
6 2029 5 43,560.00 $ 0.0696 $ 15,149.39
7 2030 5 43,560.00 $ 0.0716 $ 15,603.88
8 2031 5 43,560.00 $ 0.0738 $ 16,071.99
9 2032 5 43,560.00 $ 0.0760 $ 16,554.15
10 2033 5 43,560.00 $ 0.0783 $ 17,050.78
11 2034 5 43,560.00 $ 0.0806 $ 17,562.30
12 2035 5 43,560.00 $ 0.0831 $ 18,089.17
13 2036 5 43,560.00 $ 0.0855 $ 18,631.84
14 2037 5 43,560.00 $ 0.0881 $ 19,190.80
15 2038 5 43,560.00 $ 0.0908 $ 19,766.52
16 2039 5 43,560.00 $ 0.0935 $ 20,359.52
17 2040 5 43,560.00 $ 0.0963 $ 20,970.30
18 2041 5 43,560.00 $ 0.0992 $ 21,599.41
19 2042 5 43,560.00 $ 0.1021 $ 22,247.40
20 2043 5 43,560.00 $ 0.1052 $ 22,914.82
$ 351,142.05
Year
Veolia will come back at the March 28th City Council meeting with a land lease agreement and Power Purchase Agreement that has been reviewed and approved by the City Attorney and Veolia will request that the City open and close a public hearing per California Government Code 4217 before voting on the resolution to approve the land lease agreement and Power Purchase Agreement that the City of Arvin and Veolia will enter into.
If the City of Arvin does not approve a land lease agreement and/or does not approve the Power Purchase Agreement for this project, this Resolution shall be null and void and no easement rights shall be granted.
3.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTF_030723 (Authorizing Veolia to Install A Solar Renewable Energy
Staff Report Authorizing Veolia to locate and install solar system at Arvin WWTF.
ENVIRONMENTAL:
The project is deemed to be categorically exempt from CEQA and Veolia will plan to file a Notice of Exemption (NOE) which will include a brief description of the proposed project, the location of the project, a finding that the project is exempt from CEQA, including a citiation to the appropriate exemption, and a brief statement of the reasons to support the finding that this project is exempt per CEQA guidelines (15062(a).)
If a NOE is filed after project approval, it will trigger a 35-day statue of limitations for challenging the agency’s decision that the project is exempt from CEQA. (Pub. Res. Code 21167(d); Guidelines 15062(d).) If the NOE is not filed, the time period for challenging the action under CEQA is normally 180 days following the agency’s approval. (Pub. Res. Code 21167(d); Guidelines 15062(d).)
If CEQA comes back and requires more information, Veolia will prepare a Negative Declaration concluding that the project will not cause a significant effect on the environment per (Pub. Res.
Code 21080(c).); Guidelines 15070 et seq. (negative declaration process).) A negative declaration is a written statement that an Environmental Impact Report (EIR) is not required because the project will not have a significant adverse impact on the environment. (Pub. Res.
Code 21064, 21080(c).)
STAFF RECOMMENDATION:
Staff recommends that the Council approve the Resolution of the City Council of the City of Arvin Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility.
FINANCIAL IMPACT: $ 0.00 Capital Expenditure Required by City of Arvin $351,142.05 Total Proposed Lease payments to the City of Arvin if the full 5 acres are utilized. Actual land used may
be adjusted upwards or downwards based on final
design.
ATTACHMENTS:
Veolia Power Point Presentation R2
Resolution
3.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTF_030723 (Authorizing Veolia to Install A Solar Renewable Energy
Reso Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING VEOLIA NORTH AMERICA TO LOCATE AND
INSTALL A SOLAR RENEWABLE ENERGY GENERATING SYSTEM
AT THE ARVIN WASTEWATER TREATMENT FACILITY.
WHEREAS, Veolia North America (Veolia) is contracted by the City of Arvin to operate the City’s Wastewater Treatment Plant; and
WHEREAS, the utility rates from Pacific Gas & Electric (PG&E) have increased significantly in the recent years; and
WHEREAS, Veolia wishes to reduce utility costs and fix the escalation of power to 3% per year by installing a solar renewable energy system; and WHEREAS, Veolia is willing to pay for all project development, engineering, interconnection applications to install, operate and maintain the solar renewable energy system; and
WHEREAS, this solar project will be financed through a Power Purchase Agreement (PPA) and will have a buyout option in year twelve (12) when the contract between the City of Arvin and Veolia expires. The City will have the option to keep the PPA in place at this time or purchase the solar renewable energy system. If Veolia’s contract is extended, then the PPA will remain in place throughout the extended contract period. If the city chooses another operator, then the city will have the option to keep the PPA in place with the new operator or purchase the system outright; and
WHEREAS, this project is deemed to be categorically exempt from CEQA and Veolia will plan to file a Notice of Exemption (NOE) which will include a brief description of the proposed project, the location of the project, a finding that the project is exempt from CEQA, including a citiation to the appropriate exemption, and a brief statement of the reasons to support the finding that this project is exempt per CEQA guidelines (15062(a).); WHEREAS, the development of the solar renewable energy system will require a land lease and easement rights so Veolia can install, operate and maintain the system at the wastewater treatment facility and interconnect to the PG&E utility grid; and WHEREAS, the proposed land lease will provide a revenue stream for the City of Arvin that is currently estimated in the amount of $13,068 per year for the next 20 years totaling $351,142.05 assuming five acres are required for the solar renewable energy system; and WHEREAS, Veolia will provide the Power Purchase Agreement to City staff for review and to be considered for approval during a public hearing, in accordance to California Government Code Section 4217, at a future City Council Meeting;
3.A.3
Attachment: Resolution Request from Veolia to Install Solar System at WWTF_030723 (Authorizing Veolia to Install A Solar Renewable Energy
Reso Authorizing Veolia North America to Locate and Install A Solar Renewable Energy Generating System at the Arvin Wastewater Treatment Facility.
WHEREAS, if the City of Arvin does not approve a land lease agreement and/or does not approve the Power Purchase Agreement for this project, this Resolution shall be null and void and no easement rights shall be granted.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby:
1) Provide easement rights to Veolia so that they may install the renewable energy system at the Arvin wastewater treatment facility and interconnect to the PG&E utility grid; and
2) If the City of Arvin does not approve the land lease agreement and/or Power Purchase Agreement for this project, this resolution is null and void and no easements rights shall be granted for this project.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 07th day of March 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
3.A.3
Attachment: Resolution Request from Veolia to Install Solar System at WWTF_030723 (Authorizing Veolia to Install A Solar Renewable Energy
CITY OF ARVIN
Staff Report
Meeting Date: March 7, 2023
TO: Arvin City Council
FROM: Megan Miller, Acting ACM/Human & Community Resources Manager Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval to Adopt the City of Arvin Policy & Procedure Manual.
BACKGROUND:
The City of Arvin adopted the City’s Personnel Rules June 8, 1987, via Resolution 87-13. The Personnel Rules are going to remain in place moving forward currently. However, there are several standards set forth within that are outdated or superseded by CA employment laws and applicable MOUs. Within the Personnel Rules, it references the “Supervisor’s Guide to Disciplinary Procedures” within Policy Statement 100-11 are no longer in existence within the city. Our longest tenured employees are not familiar with the documents. With that, it is the goal to continue to progress the transparency and overall performance of the City of Arvin staff members.
With the data provided in a study conducted by UC Berkeley, engaged employees come from clear expectations and engagement by leadership. The value added includes 3x higher employee engagement, and 87% less likely to leave their roles. Both of which benefit our city’s overall function and future development.
The Arvin Police Department utilizes the services of Lexipol to remain in compliance with the requirements of the state of California and law enforcement best practices. The City administration under your direction has also enlisted the services of Lexipol to meet the same needs for the members of our team under the purview of the SEIU membership, unrepresented/contract city employees.
Throughout the drafting process, we reviewed repeatedly to ensure we were identifying as many gaps as possible to help close. Following the completion, a thorough review was conducted in phases. Phase 1: City Manager review. Phase 2: Legal Counsel review. Phase 3: SEIU review.
Phase 4: is council approval and adoption. Implementation will follow.
STAFF RECOMMENDATION:
Staff recommends adoption of the City of Arvin Policy and Procedure Manual.
FINANCIAL IMPACT:
No additional financial impact.
ATTACHMENTS:
Attachment 1: City of Arvin Personnel Rules
Attachment 2: City of Arvin Policy & Procedure Manual
3.B.1
Attachment: staff report Policy & Procedure Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual)
3.B.2
Attachment: Resolution 87-13 Personnel Rules (PDF) (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Preface Title - 1 PREFACE TITLE
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Table of Contents - 2 Table of Contents
Preface Title . . . . . . . . . . . . . . . . . . . . . . . . . 1 Chapter 1 - Role and Authority . . . . . . . . . . . . . . . . . . 4 100 - Policy Manual . . . . . . . . . . . . . . . . . . . . . . 5 101 - Standards of Conduct for Elected and Appointed Officials . . . . . . . . 8 102 - Standards of Conduct for All Employees . . . . . . . . . . . . . 11 Chapter 2 - Organization and Administration . . . . . . . . . . . . . 16 200 - Information Technology Use . . . . . . . . . . . . . . . . . 17 201 - Local Government Use of Social Media . . . . . . . . . . . . . 20 202 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 23 203 - Limited English Proficiency Services . . . . . . . . . . . . . . 25 204 - ADA Compliance . . . . . . . . . . . . . . . . . . . . 31 205 - Emergency Management Plan . . . . . . . . . . . . . . . . 41 206 - Volunteers . . . . . . . . . . . . . . . . . . . . . . . 42 207 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 49 Chapter 3 - Facilities . . . . . . . . . . . . . . . . . . . . . . 50 300 - Key and Electronic Access Device Controls . . . . . . . . . . . . 51 303 - Holiday Displays . . . . . . . . . . . . . . . . . . . . . 53 304 - Memorials on Public Property . . . . . . . . . . . . . . . . 55 305 - Flags . . . . . . . . . . . . . . . . . . . . . . . . 59 Chapter 4 - Equipment . . . . . . . . . . . . . . . . . . . . . 61 400 - Local Government-Owned and Personal Property . . . . . . . . . . 62 401 - Personal Communication Devices . . . . . . . . . . . . . . . 64 402 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 68 403 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 70 404 - Vehicle Safety Restraints/Safety Belts . . . . . . . . . . . . . . 75 405 - Personal Protective Equipment . . . . . . . . . . . . . . . . 76 Chapter 5 - Records and Documents . . . . . . . . . . . . . . . . 78 500 - Records Maintenance and Release . . . . . . . . . . . . . . . 79 501 - Protected Information . . . . . . . . . . . . . . . . . . . 81 502 - Personnel Records . . . . . . . . . . . . . . . . . . . . 83 Chapter 6 - Personnel . . . . . . . . . . . . . . . . . . . . . 86 600 - Recruitment and Selection . . . . . . . . . . . . . . . . . 87 601 - Performance Evaluations . . . . . . . . . . . . . . . . . . 91 602 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 95 603 - Grievances . . . . . . . . . . . . . . . . . . . . . . 100 604 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . . 102 605 - Drug-and Alcohol- Free Workplace . . . . . . . . . . . . . . 105
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Table of Contents - 3 606 - Communicable Diseases . . . . . . . . . . . . . . . . . . 108 607 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . . 112 608 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 113 609 - Lactation Breaks . . . . . . . . . . . . . . . . . . . . 114 610 - Payroll Records . . . . . . . . . . . . . . . . . . . . 116 611 - Overtime Compensation . . . . . . . . . . . . . . . . . . 117 612 - Work-Related Illness and Injury Reporting . . . . . . . . . . . . 119 613 - Temporary Modified- Duty Assignments . . . . . . . . . . . . . 121 614 - Speech, Expression, and Social Networking . . . . . . . . . . . . 124 615 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 127 616 - Workplace Violence . . . . . . . . . . . . . . . . . . . 132 618 - Personal Appearance Standards . . . . . . . . . . . . . . . 135 619 - Dress Code . . . . . . . . . . . . . . . . . . . . . . 137 620 - Family and Medical Leave . . . . . . . . . . . . . . . . . 139 621 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 146 Attachments . . . . . . . . . . . . . . . . . . . . . . . . 148 IIPP June 2022.pdf . . . . . . . . . . . . . . . . . . . . . . 149 COA Vehicle Inspection Report.pdf . . . . . . . . . . . . . . . . . 150 Identified Hazards and Correction Record.pdf . . . . . . . . . . . . . 151 red tag.pdf . . . . . . . . . . . . . . . . . . . . . . . . 152 VEHICLE INSPECTION.pdf . . . . . . . . . . . . . . . . . . . 153 Covid Prevention Plan.pdf . . . . . . . . . . . . . . . . . . . 154
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Role and Authority - 4 Chapter 1 - Role and Authority
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
100
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Policy Manual - 5 Policy Manual
100.1 PURPOSE AND SCOPE
The manual of the City is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, procedures, rules, and guidelines of this city. All non-APOA employees are to conform to the provisions of this manual. APOA members will continue to conform to the provisions of the Arvin Police Department Policy & Procedure Manual.
All prior and existing manuals, orders, and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, orders, and other regulations that have not been included herein shall remain in effect where they do not conflict with the provisions of this manual.
100.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that circumstances may arise that warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to employees of this city under the circumstances reasonably available at the time.
100.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the City and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials, or its employees. Violations of any provision of any policy contained within this manual shall only form the basis for administrative action, training, or discipline. The City reserves the right to revise any policy content, in whole or in part. 100.3 AUTHORITY
The City Manager shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state, and local laws, rules, and ordinances. The City Manager or the authorized designee is authorized to issue directives, which shall modify those provisions of the manual to which they pertain. Directives from the City Manager or the authorized designee shall remain in effect until such time as they may be permanently incorporated into the manual.
100.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning:
Authorized Designee - As assigned by City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Policy Manual - 6 Elected official - Any individual who serves in the City government based upon selection by a public vote, as well as any individual who is appointed or otherwise selected to fill such a position that has been vacated prior to the conclusion of the elected individual's term.
Employee - Any person employed by the City, including:
• Full- and part-time employees.
• Appointed personnel. This does not include persons appointed to fill an elected official vacancy.
Manual - The City Policy Manual.
May - Indicates a permissive, discretionary, or conditional action.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to conform.
Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other city employees, directing the work of other employees, or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment.
100.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all employees on the city network for viewing and printing. No changes shall be made to the manual without authorization from the City Manager or the authorized designee.
Each employee shall acknowledge having access to and having the opportunity to review the Policy Manual and any directives issued by the City Manager or the authorized designee.
Employees shall seek clarification as needed from the City Managerfor any provisions that they do not fully understand.
100.6 PERIODIC REVIEW OF THE POLICY MANUAL
The City Manager will ensure that the Policy Manual is periodically reviewed and updated as necessary.
100.7 REVISIONS
All revisions to the Policy Manual will be provided to each employee on or before the date the policy becomes effective. Each employee will be required to acknowledge having reviewed the revisions and shall seek clarification from the City Manager as needed.
Employees are responsible for keeping abreast of all Policy Manual revisions.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Policy Manual - 7 All city employees suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their supervisors, who will consider the recommendations and forward them to the City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
101
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Standards of Conduct for Elected and
Appointed Officials - 8
Standards of Conduct for Elected and Appointed
Officials
101.1 PURPOSE AND SCOPE
This policy establishes standards of conduct expected of all elected and appointed officials. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. 101.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an elected or appointed official's action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 101.2 POLICY
Elected and appointed officials of the City are expected to conduct themselves with the utmost professional integrity and objectivity. The service of every elected and apointed official of the City shall be based on conduct that reasonably conforms to the guidelines in this policy. 101.3 UNLAWFUL DIRECTIVES
Elected and appointed officials should not knowingly direct action or inaction that, if carried out, would result in a violation of any law or city policy. Elected and appointed officials should not make new commands that conflict with any previous command without making reasonable clarification that the new command is intended to countermand the earlier command 101.4 GENERAL STANDARDS
Elected and appointed officials should conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules.
Elected and appointed officials should familiarize themselves with policies and procedures applicable to their conduct and the conduct of all employees under their supervision. 101.5 ETHICS
Elected and appointed officials should avoid engaging in the following conduct:
(a) Using one's status as an elected or appointed official of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for noncity business or activity. (b) The wrong or unlawful exercise of authority for malicious purpose, personal gain, willful deceit, or any other improper purpose.
(c) Acceptance of fees, gifts, money, tangible or intangible personal property, or any service, gratuity, favor, entertainment, hospitality, loan, promise, or any other thing
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for Elected and Appointed Officials Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for Elected and Appointed Officials - 9
of value from any person, business, or organization that is doing business with, or seeking to do business with, the City, or contrary to the rules of this city and/or laws of the state.
(d) Offer or acceptance of a bribe or gratuity.
(e) Misappropriation or misuse of public funds, property, personnel, or services. (f) Any other failure to abide by the standards of ethical conduct. 101.6 NON-INTERFERENCE WITH ADMINISTRATIVE SERVICES
In accordance with City of Arvin Municipal Code Section 2.06.210, the City Council and its members do hereby express the desire to deal with the administrative services of the city through the City Manager. Except as otherwise provided in this code, neither the City Council nor any of its members shall interfere with the powers and duties of the City Manager, nor shall they directly or indirectly order the City Manager or subordinates to appoint or remove any person to or from any office or employment. Except for the purpose of inquiry, investigation or report, the City Council and its members shall deal with the administrative services under the jurisdiction of the City Manager solely through the City Manager. Inquiries by the City Council or any of its members about the day-to-day operations of administrative services under the jurisdiction of the City Manager shall be through the City Manager. Neither the city council nor any member thereof shall publicly or privately give orders to any subordinate of the City Manager except as otherwise provided by this code. Nothing herein shall prohibit the City Council or its members from communicating with employees regarding non day-to-day operations.
101.7 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Elected and appointed officials should not discriminate against, oppress, or provide favoritism to any person based on a classification or status protected by law. 101.8 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
Elected and appointed officials should avoid:
(a) Unauthorized or inappropriate release of confidential or protected information, materials, data, forms, or reports obtained as a result of the elected or appointed official's position with this city.
(b) The use of any information, photograph, video, or other recording obtained or accessed as a result of the elected or appointed official's position with this city for personal or financial gain.
(c) Using city resources in association with any portion of an independent civil action.
These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.
(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for Elected and Appointed Officials Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for Elected and Appointed Officials - 10
(e) Using city resources for campaign or other political purposes. 101.9 CONFLICTS OF INTEREST
Elected and appointed officials shall follow all laws regarding actual and perceived conflicts of interest and should avoid the appearance of actual or perceived conflicts of interest.
Elected and appointed officials shall avoid directly supervising any employee who is a relative or with whom they are involved in a personal or business relationship. Elected and appointed officials should also avoid participating in, contributing to, or recommending promotions, assignments, performance evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. 101.10 ETHICAL COMPLIANCE DOCUMENTATION
Elected and appointed officials should ensure that all required documentation pertaining to ethics, conflicts of interest, or any other matter related to conduct are timely completed and submitted to the appropriate authorities.
101.11 OUTSIDE EMPLOYMENT
Elected and appointed officials should avoid maintaining any outside employment or accepting any appointment that creates an actual or perceived conflict of interest or that inhibits their ability to competently complete the requirements of the office to which they have been elected. All laws related to the maintenance of outside employment for elected officials should be observed.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
102
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for All Employees - 11 Standards of Conduct for All Employees
102.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the City and are expected of all employees. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, employees are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this city or an employee’s supervisor. 102.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 102.2 POLICY
The continued employment or appointment of every employee of the City shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether during work hours, may be cause for disciplinary action. 102.3 GENERAL STANDARDS
Employees shall conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.
Employees shall familiarize themselves with policies and procedures and are responsible for compliance with each. Employees should seek clarification and guidance from supervisors and/ or City Manager in the event of any perceived ambiguity or uncertainty.
Discipline may be initiated for any good cause.
102.4 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, or ethics, and specific action or inaction that is detrimental to the city's ability to effectively serve the public within the course of employment. 102.4.1 LAWS, RULES, AND ORDERS
(a) Violation of, or ordering or instructing a subordinate to violate, any policy, procedure, rule, order, directive, or requirement, or failure to follow instructions contained in city manuals.
(b) Disobedience of any lawful direction or order.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for All Employees - 12 (c) Violation of federal, state, local, or administrative laws, rules, or regulations. 102.4.2 ETHICS
(a) Using or disclosing one’s status as an employee of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity.
(b) The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit, or any other improper purpose. (c) The receipt or acceptance of a reward, fee, or gift from any person for service incident to the performance of the employee's work with the City. (d) Acceptance of fees, gifts, or money contrary to the rules of this city and/or laws of the state.
(e) Offer or acceptance of a bribe or gratuity.
(f) Any other failure to abide by the standards of ethical conduct. 102.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 102.4.4 RELATIONSHIPS
(a) Unwelcome solicitation of a personal or sexual relationship during work hours or through the use of one’s official capacity.
(b) Engaging in sexual activity during work hours, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship as a direct result of any official business.
(d) Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the employee knows or reasonably should know of the criminal nature of the organization.
102.4.5 ATTENDANCE
(a) Leaving the job to which the employee is assigned during work hours without reasonable excuse and proper permission and approval.
(b) Unexcused or unauthorized absence or tardiness.
(c) Excessive absenteeism or abuse of leave privileges.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for All Employees - 13 (d) Failure to report to work or to the place of assignment at the time specified and fully prepared to work without reasonable excuse.
102.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
(a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the employee's position with this city.
(b) The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this city for personal or financial gain or without the express authorization of the City Manager or the authorized designee.
(c) Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, access card/keys, or property for personal use, personal gain, or any other improper or unauthorized use or purpose. (d) Using city resources in association with any portion of an independent civil action.
These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.
102.4.7 EFFICIENCY
(a) Neglect of duty.
(b) Unsatisfactory work performance, including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
(c) Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
(d) Unauthorized sleeping during work hours or assignments. (e) Failure to notify the City within 72 hours or as soon as practicable of any change in residence address or contact numbers.
(f)
102.4.8 PERFORMANCE
(a) Failure to disclose or misrepresenting material facts or making any false or misleading statement on any application, examination form, or other official document, report, or form, or during the course of any work-related investigation. (b) The falsification of any work-related records, making misleading entries or statements with the intent to deceive, or the willful and unauthorized removal, alteration, destruction, and/or mutilation of any city record, public record, book, paper, or document.
(c) Failure to participate in investigations, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for All Employees - 14 position of authority, in connection with any investigation or in the reporting of any cityrelated business. (d) Being untruthful or knowingly making false, misleading, or malicious statements that are reasonably calculated to harm the reputation, authority, or official standing of this city or its employees.
(e) Disparaging remarks or conduct to the extent that such conduct disrupts the efficiency of this city or subverts the good order, efficiency, and discipline of this city or that would tend to discredit any of its employees.
(f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:
1. While on city premises.
2. At any work site, during work hours, or while using any city equipment or system. (g) Improper political activity, including:
1. Unauthorized attendance during work hours at official legislative or political sessions.
2. Solicitations, speeches, or distribution of campaign literature for or against any political candidate or position during work hours or on city property except as expressly authorized by city policy, an employment agreement or contract, or the City Manager or the authorized designee.
(h) Engaging in political activities during work hours except as expressly authorized by city policy, any employment agreement or contract, or the City Manager or the authorized designee.
(i) Any act that brings discredit to this city.
102.4.9 CONDUCT
(a) Failure to promptly and fully report activities on the employee's part or the part of any other employee where such activities may result in criminal prosecution or discipline under this policy.
(b) Unauthorized or unlawful fighting, or threatening or attempting to inflict unlawful bodily harm on another.
(c) Engaging in horseplay that reasonably could result in injury or property damage. (d) Discourteous, disrespectful, or discriminatory treatment of any member of the public or any employee of the City.
(e) Use of obscene, indecent, profane, or derogatory language during work hours or in uniform.
(f) Criminal, dishonest, or disgraceful conduct that adversely affects the employee's relationship with the City.
(g) Unauthorized possession of, loss of, or damage to city property or the property of others or endangering it through carelessness or maliciousness.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Standards of Conduct for All Employees - 15 (h) Attempted or actual theft of city property; misappropriation or misuse of public funds, property, personnel, or the services or property of others; unauthorized removal or possession of city property or the property of another person. (i) Activity that is incompatible with an employee's conditions of employment or appointment as established by law or that violates a provision of any employment agreement or contract, including fraud in securing the appointment or hire. (j) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the City Manager or the authorized designee of such action.
(k) Any other conduct that any employee knows or reasonably should know is unbecoming an employee of this city, is contrary to good order, efficiency, or morale, or tends to reflect unfavorably upon the City or its employees. 102.4.10 SAFETY
(a) Failure to observe or violating city safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver's license, first aid).
(c) Failure to maintain good physical condition sufficient to adequately and safely perform the work assigned, if applicable.
(d) Unsafe firearm or other weapon handling, including loading or unloading firearms in an unsafe manner.
(e) Carrying, while on the premises of the work site, any firearm or other weapon that is not authorized by law or the member's appointing authority. (f) Unsafe or improper driving habits or actions in the course of employment or appointment.
(g) Any personal action contributing to a preventable traffic accident in a City vehicle or while conducting City business.
(h) Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.
102.4.11 INTOXICANTS
(a) Reporting for work or being at work while intoxicated or when the employee's ability to work is impaired due to the use of alcohol, medication, or drugs, whether legal, prescribed, or illegal.
(b) Possession or use of alcohol during work hours.
(c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug, or medication to work that will impair the employees performance for the city.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Organization and Administration - 16 Chapter 2 - Organization and Administration
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
200
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Information Technology Use - 17 Information Technology Use
200.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of city information technology resources, including computers, electronic devices, hardware, software, and systems. 200.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented, or licensed by the City that are provided for official use by its employees. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the City or city funding.
Hardware - Includes but is not limited to computers, computer terminals, network equipment, electronic devices, telephones (including cellular and satellite), pagers, modems, or any other tangible computer device generally understood to comprise hardware.
Software - Includes but is not limited to all computer programs, systems, and applications, including shareware. This does not include files created by the individual user.
Temporary file, permanent file, or file - Any electronic document, information, or data residing or located, in whole or in part, on the system, including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs, or videos. 200.2 POLICY
It is the policy of the City that employees shall use information technology resources, including computers, software, and systems, that are issued or maintained by the City in a professional manner and in accordance with this policy.
200.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published, shared, transmitted, or maintained through file-sharing software or any internet site that is accessed, transmitted, received, or reviewed on any city computer system.
The City reserves the right to access, audit, and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received, or reviewed over any technology that is issued or maintained by the City, including the city email system, computer network, and/or any information placed into storage on any city system or device. This includes records of web-browsing history made at any city computer or over any city network. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through city computers, electronic devices, or networks.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Information Technology Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Information Technology Use - 18 200.4 RESTRICTED USE
Employees shall not access computers, devices, software, or systems for which they have not received prior authorization or the required training. Employees shall immediately report unauthorized access or use of computers, devices, software, or systems by another employee to their supervisors.
Employees shall not use another person’s access passwords, logon information, and other individual security data, protocols, and procedures unless directed to do so by a supervisor. 200.4.1 SOFTWARE
Employees shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes, in accordance with the software company’s copyright and license agreement.
To reduce the risk of a computer virus or malicious software, employees shall not install any unlicensed or unauthorized software on any city computer. Employees shall not install personal copies of any software on any city computer.
No employee shall knowingly make, acquire, or use unauthorized copies of computer software that is not licensed to the City while on city premises, computer systems, or electronic devices.
Such unauthorized use of software exposes the City and involved employees to severe civil and criminal penalties.
Introduction of software by employees should only occur as a part of the automated maintenance or update process of city-approved or installed programs by the original manufacturer, producer, or developer of the software. Any other introduction of software requires prior authorization from a supervisor and a full scan for malicious attachments. 200.4.2 HARDWARE
Access to technology resources provided by or through the City shall be strictly limited to city-related activities. Data stored on or available through city computer systems shall only be accessed by authorized employees who have a legitimate city-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. 200.4.3 INTERNET USE
Internet access provided by or through the City shall be strictly limited to city-related activities.
Internet sites containing information that is not appropriate or applicable to city use and that shall not be intentionally accessed include but are not limited to adult forums, pornography, gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of an employee’s assignment.
Downloaded information from the internet shall be limited to messages, mail, and data files. 200.4.4 USE DURING NON-WORK HOURS
Employees shall only use technology resources provided by the City during work hours unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting,
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Information Technology Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Information Technology Use - 19 email, or any other off-the-clock work-related activities. This also applies to personally owned devices that are used to access city resources.
Refer to the Personal Communication Devices Policy for guidelines regarding use of personally owned technology during non-work hours.
200.5 PROTECTION OF SYSTEMS AND FILES
All employees have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care, and maintenance of the computer system.
Employees shall ensure city computers and access terminals are not viewable by unauthorized users. Computers and terminals should be secured, users logged off, and password protections enabled whenever the user is not present. Access passwords, logon information, and other individual security data, protocols, and procedures are confidential information and are not to be shared. Password length, format, structure, and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed.
It is prohibited for an employee to allow an unauthorized user to access the computer system at any time or for any reason. Employees shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the internet) to a supervisor. 200.6 INSPECTION AND REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of supervisory duties or based on cause.
Reasons for inspection or review may include but are not limited to computer system malfunctions, problems, or general computer system failure, a lawsuit against the City involving one of its employees or an employee’s duties, an alleged or suspected violation of any city policy, a request for disclosure of data, or a need to perform or provide a service.
Qualified staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the city computer system when requested by a supervisor or during the course of regular duties that require such information.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
201
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Local Government Use of Social Media - 20 Local Government Use of Social Media
201.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the City is consistent with the City mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by city employees (see the Speech, Expression, and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection Policy).
• Use of social media as part of an investigation, other than disseminating information to the public on behalf of this city.
201.1.1 DEFINITIONS
Definitions related to this policy include:
Social media - Any of a wide array of internet-based tools and platforms that allow for the sharing of information, such as the city website or social networking services. 201.2 POLICY
The City will use social media as a method of effectively informing the public about city services, issues, investigations, recruitment, and other relevant events.
The use or access of social media should be done in a manner that protects the constitutional rights of all people.
201.3 AUTHORIZED USERS
Only employees authorized by the City Manager or the authorized designee may utilize social media on behalf of the City. Authorized employees shall use only city-approved equipment during the normal course of duties to post and monitor city-related social media, unless they are specifically authorized to do otherwise by their supervisors.
The City Manager may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.
Requests to post information over city social media by employees who are not authorized to post should be made through the appropriate supervisory channels. 201.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the City mission, and that conforms to all city policies regarding the release of information may be posted. Examples of appropriate content include:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Local Government Use of Social Media
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Local Government Use of Social Media - 21 (a) Announcements.
(b) Tips and information related to crime prevention.
(c) Requests for information.
(d) Community engagement information.
(e) Real-time safety information that is related to in-progress crimes, geographical warnings, or disaster information.
(f) Traffic information.
(g) Media releases.
(h) Recruitment of personnel.
201.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy, and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the City Manager or the authorized designee will be responsible for the compilation of information to be released. 201.5 PROHIBITED CONTENT
Content that is prohibited from posting includes but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory, or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal, or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation, or professionalism of the City or its employees. (e) Any information that could compromise the safety and security of city operations, employees of the City, or the public.
(f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.
Any employee who becomes aware of content on this city’s social media sites that the employee believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 201.5.1 PUBLIC POSTING PROHIBITED
City social media sites shall be designed and maintained to prevent posting of content by the public.
The City may provide a method for members of the public to contact city employees directly.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Local Government Use of Social Media
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Local Government Use of Social Media - 22 201.6 MONITORING CONTENT
The City Manager will appoint a supervisor to review, at least annually, the use of city social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content, and the resolution of any issues. 201.7 RETENTION OF RECORDS
The City Manager should work with the City Clerk to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules.
201.8 TRAINING
Authorized employees should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, and dissemination and retention of information posted on city sites.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
202
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Subpoenas and Court Appearances - 23 Subpoenas and Court Appearances
202.1 PURPOSE AND SCOPE
This policy establishes the guidelines for city employees who must appear in court. It will allow the City to cover any related work absences and keep the City Manager informed about relevant legal matters.
202.2 POLICY
Employees will respond appropriately to all subpoenas and any other court-ordered appearances. 202.3 SUBPOENAS
Only employees authorized to receive a subpoena on behalf of the City or any of its employees may do so.
202.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any employees who are subpoenaed to testify, agree to testify, or provide information on behalf or at the request of any party other than the City or the prosecutor shall notify their immediate supervisors without delay regarding:
(a) Any civil case where the City or one of its employees, as a result of the employee’s official capacity, is a party.
(b) Any civil case where any other city, county, state, or federal unit of government or a member of any such unit of government, as a result of the member’s official capacity, is a party.
(c) Any criminal proceeding where the employee is called to testify or provide information on behalf of the defense.
(d) Any civil action stemming from the employee’s work activity or because of the employee’s association with the City.
(e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the City.
The supervisor will then notify the City Manager and the appropriate prosecuting attorney if applicable. The City Manager should determine if additional legal support is necessary.
No employee shall be retaliated against for testifying in any matter. 202.3.2 WORK-RELATED SUBPOENAS
The City will compensate employees who appear in their official capacities on matters arising out of their official duties.
The City should seek reimbursement for the employee’s compensation for appearances on civil subpoenas through the attorney of record who subpoenaed the employee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Subpoenas and Court Appearances
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Subpoenas and Court Appearances - 24 202.3.3 OTHER SUBPOENAS
Employees receiving valid subpoenas for actions unrelated to their employment or appointment with the City will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors.
202.4 FAILURE TO APPEAR
Any employee who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency.
202.5 COURTROOM PROTOCOL
When appearing in court, employees shall:
(a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear.
(b) Dress and prepared to proceed immediately with the case for which they are scheduled to appear.
(c) Observe all rules of the court in which they are appearing and remain alert to change in the assigned courtroom where their matter is to be heard. 202.5.1 TESTIMONY
Before the date of testifying, the subpoenaed employee should review relevant reports or documents in order to be prepared for court.
202.5.2 RECORDS
When an employee is directed by a subpoena to appear in court with records, that employee should notify the City Clerk promptly after receiving the subpoena that the specified records are needed for court.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
203
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 25 Limited English Proficiency Services
203.1 PURPOSE AND SCOPE
This policy provides guidance to employees when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d).
203.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the City to act as an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning.
Limited English proficiency (LEP) individual - Any individual whose primary language is not English and who has a limited ability to read, write, speak, or understand English. These individuals may be competent in certain types of communication (e.g., speaking, understanding) but still exhibit LEP for other purposes (e.g., reading, writing). Similarly, LEP designations are contextspecific; an individual may possess sufficient English language skills to function in one setting, but these skills may be insufficient in other situations.
Qualified bilingual employee - An employee of the City, designated by the City Manager or the authorized designee, who has the ability to communicate fluently, directly, and accurately in both English and another language. Bilingual employees may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another.
Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language).
203.2 POLICY
It is the policy of the City to reasonably provide LEP individuals with meaningful access to services, programs, and activities, while not imposing undue burdens on the City or its employees.
The City will not discriminate against or deny any individual access to services, rights, or programs based upon national origin or any other protected interest or right. 203.3 LEP COORDINATOR
The City Manager or the authorized designee should delegate certain responsibilities to an LEP coordinator.
The responsibilities of the coordinator should include but not be limited to:
(a) Coordinating and implementing all aspects of the city’s LEP services to LEP individuals.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 26 (b) Developing procedures that will enable employees to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all employees. (c) Maintaining and making available to employees, as appropriate, a list of all qualified bilingual employees and authorized interpreters. The list should include information regarding:
1. Languages spoken.
2. Contact information.
3. Availability.
(d) Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages.
(e) Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated.
1. Content on the city website should be included in this review and should be translated on the website, if appropriate.
(f) Annually assessing demographic data and other resources, including contracted language services utilization data and data from government and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation.
(g) Identifying standards and assessments to be used to qualify individuals as qualified bilingual employees or authorized interpreters.
(h) Periodically reviewing efforts of the City in providing meaningful access to LEP individuals, and, as appropriate, developing reports, developing new procedures, or recommending modifications to this policy.
(i) Receiving and responding to complaints regarding city LEP services. (j) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to city services, programs, and activities.
(k) Requiring third parties providing city services, rights, or programs through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and procedures to prohibit discrimination or denial of access or services based upon national origin or any other protected interest or right. 203.4 FOUR-FACTOR ANALYSIS
Because there are many different languages that employees could encounter, the City will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that contacts and
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 27 circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of the following four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by city employees, or who may benefit from programs or services within the jurisdiction of this city.
(b) The frequency with which LEP individuals are likely to come in contact with city employees, programs, or services.
(c) The nature and importance of the contact, program, information, or service provided. (d) The cost of providing LEP assistance and the resources available. 203.5 TYPES OF LEP ASSISTANCE AVAILABLE
Employees should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The City will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services.
The City will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept city-provided LEP services at no cost, or they may choose to provide their own.
City-provided LEP services may include but are not limited to the assistance methods described in this policy.
203.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely to be encountered. If English versions of any vital documents are published on the city website, the translated versions of the same document must also be posted on the website. The LEP coordinator will arrange to make all translated documents available to employees and other appropriate individuals, as necessary.
203.7 AUDIO RECORDINGS
The City may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served.
203.8 QUALIFIED BILINGUAL EMPLOYEES
Bilingual employees may be qualified to provide LEP services when they have demonstrated through established city procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Employees utilized for LEP services
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 28 must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit.
When a qualified bilingual employee is not available, personnel from another department who have been identified as having the requisite skills and competence may be requested. 203.9 AUTHORIZED INTERPRETERS
Any person designated by the City to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the transaction involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a legal or other proceeding.
Authorized interpreters must pass a screening process established by the LEP coordinator that demonstrates their skills and abilities in the following areas:
(a) The competence and ability to communicate information accurately in both English and in the target language.
(b) Knowledge, in both languages, of any applicable specialized terms or concepts and of any particularized vocabulary or phraseology used by the LEP individual. (c) The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit. 203.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The City may contract with authorized interpreters who are available over the telephone.
Employees may use these services with the approval of a supervisor and in compliance with established procedures.
Other sources may include:
• Qualified bilingual employees of another department within the City. • Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as court interpreters, among others. • Contracted language services in accordance with the accompanying procedure. 203.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE
ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the City to communicate with LEP individuals.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 29 Where qualified bilingual employees or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, employees must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or interpretation, employees should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations.
203.10 CONTACT AND DOCUMENTATION
Although all public contacts, services, and individual rights are important, this city will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular activity involved.
Whenever any employee of this city is required to complete a report or other documentation that involves a situation in which interpretation services were provided to any involved LEP individual, such services should be noted in the related report or documentation. Employees should document the type of interpretation services utilized and whether the individual elected to use services provided by the City or some other identified source. 203.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The City will take reasonable steps to develop in-house language capacity by hiring or appointing qualified employees proficient in languages representative of the community being served. 203.11.1 EMERGENCY ASSISTANCE
City employees will make every reasonable effort to promptly accommodate LEP individuals who appear to be in need of emergency assistance. An employee who determines that a person in need of emergency assistance is an LEP individual should attempt to gather sufficient information to determine what type of assistance the person needs and to initiate an appropriate response to the situation. As soon as possible, if language assistance is still needed and the language is known, the employee should attempt to locate a qualified bilingual employee to assist with the situation.
If a qualified bilingual employee is not available or the employee is unable to identify the primary language used by the LEP individual, the employee should contact the contracted interpretation service for assistance.
203.12 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this city are important to the ultimate success of local government and achievement of the city’s mission. This city will continue to work with community groups, local businesses, and neighborhoods to provide equal access to such programs and services.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Limited English Proficiency Services - 30 203.13 TRAINING
To ensure that all employees who may have contact with LEP individuals are properly trained, the City will provide periodic training on this policy and related procedures, including how to access authorized telephonic and in-person interpreters and other available resources.
New employees should receive LEP training. Those who may have contact with LEP individuals should receive periodic refresher training. Training records should be maintained in each employee’s personnel file in accordance with the established records retention schedule. 203.13.1 TRAINING FOR AUTHORIZED INTERPRETERS
All employees on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
Employees on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations.
Authorized interpreters will receive annual refresher training.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
204
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 31 ADA Compliance
204.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for equal access to local government services, programs, and activities for persons with disabilities in accordance with Title II of the Americans with Disabilities Act (ADA).
This policy also includes guidelines to provide effective communication with persons with disabilities and to protect the rights of individuals who use service animals in accordance with the ADA.
204.1.1 DEFINITIONS
Definitions related to this policy include (28 CFR 35.104):
ADA coordinator - The employee designated by the City Manager to coordinate the City’s efforts to comply with the ADA (28 CFR 35.107).
Assistive devices, auxiliary aids, and services - Tools used to communicate with people who have a disability or impairment. They include but are not limited to the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the person uses assistive devices, auxiliary aids, and services. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102; 28 CFR 35.108).
Facility - All aspects of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walkways, parking areas, and other real or personal property (28 CFR
35.108).
Modification - Any change, adjustment, alteration, adaptation, or accommodation that renders a city service, program, or activity suitable for use, enjoyment, or participation by a person with a disability. This may include alteration of existing buildings and facilities.
A modification includes any change or exception to a policy, practice, or procedure that allows a person with a disability to have equal access to programs, services, and activities. It also includes the provision or use of assistive devices, auxiliary aids, and services.
Power-driven mobility device - Any mobility device powered by batteries, fuel, or other engine type used by persons with disabilities for mobility assistance, regardless of whether the device was primarily designed for that purpose (e.g., golf carts, Segway® PT, mobility scooters). For purposes of this policy, it does not include wheelchairs.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 32 Qualified interpreter - A person who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters, and intermediary interpreters.
Service animal - A dog that is trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability.
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for persons with disabilities, provided the horse is housebroken, is under the handler’s control, the building or facility can accommodate the horse’s type, size, and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)).
204.2 POLICY
It is the policy of the City that persons with disabilities have equal access to city services, programs, and activities.
The City will not discriminate against or deny any individual access to services, programs, or activities based upon disabilities.
204.3 AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR The responsibilities of the ADA coordinator include but are not limited to (28 CFR 35.130):
(a) Coordinating efforts among each city department to provide equal access to services, programs, and activities including:
1. Establishing procedures to provide for the performance of routine maintenance on buildings, facilities, or equipment that provide access to persons with disabilities (28 CFR 35.133).
(b) Recommending amendments to this policy, as needed.
(c) Coordinating a process of periodic self-evaluation. The process should include:
1. Inspection of current city buildings and facilities to identify access issues.
2. Review of current city services, activities, and programs for access issues.
3. Assessment and update of current compliance measures.
4. Identification of recurring areas of complaint for which new methods of modification should be considered.
5. Review of the city’s emergency programs, services, and activities as they apply to persons with disabilities.
6. Recommendation of a schedule to implement needed improvements. (d) Acting as a liaison with local disability advocacy groups or other disability groups regarding access to city services, programs, and activities.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 33 (e) Developing procedures for the review and processing of requests for assistance or modifications that will help employees provide persons with disabilities access to city services, programs, and activities, as appropriate.
(f) Providing notice to the public regarding the rights and protections afforded by the ADA (e.g., posters, published notices, handbooks, manuals, and pamphlets describing city services, programs, and activities and the availability of assistive devices, auxiliary aids, and services, as well as modifications) (28 CFR 35.106). (g) Developing procedures for employees to access assistive devices, auxiliary aids, and services, including qualified interpreters, and making the procedures available, as appropriate.
1. A list of qualified interpreter services with contact and availability information should be maintained and easily accessible to employees. (h) Developing, implementing, and publishing appropriate procedures to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to services, programs, and activities (28 CFR 35.107). The complaint procedures should include an appeal process.
(i) Requiring third parties providing city services, programs, or activities through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and procedures to prevent discrimination against and denial of access to persons with disabilities.
(j) Developing and implementing procedures to provide that new construction and any alteration to an existing building or facility are undertaken in compliance with the ADA (28 CFR 35.151).
(k) Developing and implementing procedures to provide that new construction and alteration of city-maintained roadways, highways, and streets include curb ramps or other sloped areas to make pedestrian-level walkways accessible as required by law (28 CFR 35.150(d)(2); 28 CFR 35.151(i)).
(l) Coordinating with appropriate city staff to address the needs of persons with disabilities in the City’s emergency disaster preparedness planning, including consideration of shelters and care facilities, transportation, means of evacuation, communication methods (e.g., warning and emergency notification systems), and post-disaster canvassing.
204.4 REQUESTS
The goal of any modification should be to allow the person to participate in the service, program, or activity the same as a person who does not have a disability.
Upon receiving a request for a modification, employees should make reasonable efforts to accommodate the request based on the preference of the person with the disability. Employees should not ask about the nature and extent of a person’s disability, but should limit questions to information necessary to determine the need for a modification and the type of modification that is appropriate.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 34 If the requested modification, or an alternative modification, can reasonably be made at the time of the request, the employee should make the modification. An employee who is unable to accommodate a request or unsure about whether a request should be accommodated, should contact a supervisor.
The supervisor should review and approve the request, if practicable and appropriate. Otherwise, the supervisor should document the requesting person’s contact information and the modification being requested and forward the request to the ADA coordinator for processing as soon as reasonably practicable.
204.4.1 DENIAL OF A REQUEST
The following should be considered before denying a request for modification:
(a) Requests for modifications should be approved unless complying with the request would result in (28 CFR 35.150):
1. A substantial alteration of the service, program, or activity.
2. An undue financial or administrative burden on the City.
3. All resources available for use in the funding and operation of the service, program, or activity at issue should be considered in this determination.
4. A threat to or the destruction of the historic significance of an historic property.
5. A direct threat to the health or safety of others (28 CFR 35.139). (b) If any of these circumstances are present, the ADA coordinator should work with department staff and the person requesting the modification to determine if an alternative modification is available.
(c) Where physical modification of an existing building or facility, or new construction, would be unfeasible or unduly burdensome, the ADA coordinator should work with department staff to determine whether alternative modifications are available.
Alternative methods that should be considered include (28 CFR 35.150):
1. Reassigning services, programs, or activities to accessible buildings or facilities.
2. Utilizing technology, equipment, rolling stock, or other conveyances.
3. Delivering the services, programs, or activities directly to a person with a disability by way of home visits or meeting the person at an accessible location.
4. Any other means or methods that would make services, programs, or activities readily accessible.
(d) If no alternative modification is appropriate, the ADA coordinator shall issue a written statement explaining why a modification of the public service, program, or activity will not be made (28 CFR 35.150).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 35 204.4.2 PERSONAL DEVICES AND ASSISTANCE
Although employees should make every effort to comply with requests, the provision of personal devices or assistance (e.g., wheelchairs, eyeglasses, hearing aids, personal assistance in eating or using the restroom) to persons with disabilities is not required (28 CFR 35.135). 204.4.3 SURCHARGES
Surcharges shall not be imposed upon persons with disabilities to cover the costs of providing modifications to public services, programs, and activities (28 CFR 35.130(f)). 204.5 MOBILITY DEVICES
Wheelchairs and manually powered mobility devices such as walkers, crutches, canes, and braces are permitted in any areas open to pedestrians.
Power-driven mobility devices other than wheelchairs may be restricted only if a legitimate safety interest is identified that warrants the restriction (28 CFR 35.130(h); 28 CFR 35.137).
An employee should not ask a person using a power-driven mobility device to terminate the use of the device or leave the area unless an imminent and legitimate safety issue is present. If an employee is concerned about the use of a power-driven mobility device by a person with a disability, the employee should contact a supervisor.
The determination of whether a reasonable modification should be made for the use of a powerdriven mobility device within a public building or facility should be based on whether the device, given its size and speed, can be safely used within the particular building or facility taking into account the layout and design of the building or facility, the amount of pedestrian traffic present in the building or facility, and whether there is any risk of damage to the building or facility or its immediate environment as set forth in 28 CFR 35.137.
204.5.1 INQUIRIES REGARDING MOBILITY DEVICES
If an individual is using a power-driven mobility device other than a wheelchair, the employee may seek credible assurance from the individual that the device is needed because of a disability.
Credible assurance of the device’s necessity may be provided in one of the following ways (28 CFR 35.137):
(a) Presentation of a valid, state-issued disability placard or card (b) Presentation of any other state-issued proof of disability (c) A verbal statement, not contradicted by observable fact, that use of the device is necessary for mobility purposes
204.6 COMMUNICATIONS WITH PERSONS WITH DISABILITIES
Employees should remain alert to the possibility of communication problems when engaging with persons with disabilities. When an employee knows or suspects an individual requires assistance to effectively communicate, the employee should identify the individual’s choice of assistive device, auxiliary aid, and service.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 36 The individual’s preferred communication method should be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual. (b) The nature, length, and complexity of the communication involved. (c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person, employees may use whatever assistive device, auxiliary aid and service reasonably appears effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate assistive device, auxiliary aid, and service. Once the emergency has ended, the continued method of communication should be reconsidered. The employee should inquire as to the individual's preference and give primary consideration to that preference. 204.6.1 TYPES OF ASSISTANCE AVAILABLE
Employees shall not refuse an available type of assistive device, auxiliary aid, and service to a person with a disability who is requesting assistance. The City will not require persons with disabilities to furnish their own assistive device, auxiliary aid, and service as a condition for receiving assistance. The City will make every reasonable effort to provide equal access and timely assistance to persons with disabilities through a variety of assistive devices, auxiliary aids, and services in accordance with the accompanying procedure.
Persons with disabilities may choose to accept city-provided assistive devices, auxiliary aids, and services, or they may choose to provide their own.
City-provided assistive devices, auxiliary aids, and services may include but are not limited to the assistance methods described in this policy.
204.6.2 AUDIO RECORDINGS AND ENLARGED PRINT
The City may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, employees may read aloud from the appropriate form or provide forms with enlarged print. 204.6.3 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex interactions (e.g., public meetings or hearings, special or emergency meetings, plan reviews) for individuals who normally rely on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the exchange. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a local government or legal proceeding.
Qualified interpreters should be:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 37 (a) Available within a reasonable amount of time.
(b) Experienced in providing interpretation services.
(c) Familiar with the use of VRS and/or video remote interpreting services. (d) Certified in either American Sign Language (ASL) or Signed English (SE). (e) Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.
Employees should use city-approved procedures to request a qualified interpreter at the earliest reasonable opportunity or when it is reasonably apparent that an interpreter is needed. Persons with disabilities shall not be required to provide their own interpreters (28 CFR 35.160). 204.6.4 TTY AND RELAY SERVICES
The City will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service.
Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller.
204.6.5 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the City to provide interpreter services.
When qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, city employees must carefully consider the nature of the interaction and the relationship between the person with the disability and the volunteer to be reasonably satisfied that the volunteer can provide neutral and unbiased assistance.
204.6.6 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, employees should carefully consider the circumstances before relying on such individuals. The nature of the interaction and relationship between the person with the disability and the person offering services must be carefully considered to determine whether the family member or friend can provide neutral and unbiased assistance.
Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter reasonably available.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 38 (b) The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 204.6.7 FIELD ENFORCEMENT CONSIDERATIONS
It is important that employees are able to effectively communicate with persons with disabilities even though the location of the communication may hinder the employee’s ability to provide assistive devices, auxiliary aids, and other services in a prompt manner.
Employees involved in interactions with persons with disabilities that occur in the field and that could result in any type of civil or criminal enforcement action (e.g., issuing code enforcement citations, shutting off a utility service) should assess each situation to determine if communication assistance is necessary. The length, complexity, and importance of the communication, as well as the individual’s preferred method of communication, should be considered when determining what, if any, resources should be used and whether a qualified interpreter or other service is needed. 204.7 SERVICE ANIMALS
Service animals that are assisting persons with disabilities are permitted in all city buildings and facilities and other areas where the general public is allowed. City employees are expected to treat people with service animals with the same courtesy and respect that the City affords to all members of the public (28 CFR 35.136).
204.7.1 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness, or collar.
Service animals may be used in a number of ways to provide assistance, including:
(a) Guiding people who are blind or have low vision.
(b) Alerting people who are blind or have low vision.
(c) Retrieving or picking up items, opening doors, or flipping switches for people who have limited use of their hands, arms, or legs.
(d) Pulling wheelchairs.
(e) Providing physical support and assisting with stability and balance. (f) Doing work or performing tasks for people with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication.
(g) Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 39 204.7.2 INQUIRIES REGARDING SERVICE ANIMALS
If it is apparent or if an employee is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the employee should ask the individual only the following questions (28 CFR 35.136(f)):
(a) Is the animal required because of a disability?
(b) What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. Employees should not question individuals about their disabilities nor should employees ask any individual to provide a license, certification, or identification card for a service animal.
204.7.3 CONTACT WITH SERVICE ANIMALS
Service animals are not pets. City employees should not interfere with the important work performed by a service animal by talking to, petting, or otherwise initiating contact with a service animal.
204.7.4 REMOVAL OF SERVICE ANIMALS
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an employee should notify an appropriate supervisor who may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)).
Each incident must be considered individually, and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse access to services, programs, or activities to a person with a disability. Employees are expected to provide all services that are reasonably available to a person with a disability, with or without a service animal.
204.8 WEBSITE ACCESS
The ADA coordinator should work with appropriate city employees to develop online content that is readily accessible to persons with disabilities. City web content should be developed in conformance with the most current guidelines issued by the U.S. Department of Justice.
Website content should also be made available to persons with disabilities in an alternative format upon request, if reasonably practicable.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** ADA Compliance - 40 204.9 DOCUMENTATION
Whenever any modification, assistive device, auxiliary aid, and service has been provided, the employee involved should document:
(a) The type of modification, aid, or service provided. (b) Whether the individual elected to use an assistive device, auxiliary aid, and service provided by the City or some other identified source, if applicable. (c) Whether the individual’s express preference for the modification, assistive device, auxiliary aid, and service was not honored, and the reason why an alternative method was used.
The documentation and any written communications exchanged should be maintained consistent with the Records Maintenance and Release Policy.
204.10 COMPLAINTS
An employee who receives a complaint or becomes aware of potential disability discrimination, an ADA violation, or a person’s inability to access a city program, service, or activity should document the complaint and refer the matter to the ADA coordinator (28 CFR 35.107). 204.11 TRAINING
Employees who may have contact with persons with disabilities should receive periodic training on ADA compliance, to include:
(a) Awareness and understanding of this policy and related procedures, related forms, and available resources.
(b) Procedures for handling requests for modifications. (c) Accessing assistive devices, auxiliary aids, and services needed to communicate with persons with disabilities.
(d) General requirements of the ADA, including modifying policies and practices, communicating with and assisting customers, accepting calls placed through alternative systems, and identifying alternate ways to provide access to programs, services, and activities as appropriate to the employee’s job duties.
Training records should be maintained in each employee's personnel file in accordance with the established records retention schedule.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
205
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Emergency Management Plan - 41 Emergency Management Plan
205.1 PURPOSE AND SCOPE
This policy addresses the preparation, maintenance, and activation of the city’s emergency management plan.
205.2 POLICY
The City will prepare for large-scale emergencies within and outside its jurisdiction through planning, mutual cooperation with other agencies, and maintenance of an emergency management plan.
205.3 CITY RESPONSIBILITIES
The City Manager has appointed the Chief of Police to oversee the City's emergency management plan and the coordination with applicable local and state departments and entities for disaster planning, mitigation, response, and recovery efforts.
205.4 ACTIVATING THE EMERGENCY MANAGEMENT PLAN
The emergency management plan should include direction on how to activate the emergency management plan and who can activate it in response to a major emergency. 205.4.1 RECALL OF PERSONNEL
In the event that the emergency management plan is activated, all employees of the City are subject to immediate recall to service. Employees may also be subject to recall during extraordinary circumstances as deemed necessary.
Failure to promptly respond to an order to report to work may result in discipline. 205.5 LOCATION OF THE EMERGENCY MANAGEMENT PLAN
Copies of the emergency management plan should be available to appropriate personnel. All supervisors should familiarize themselves with the emergency management plan and assist employees in familiarizing themselves with the roles they will play when the plan is implemented. 205.6 EMERGENCY MANAGEMENT PLAN REVIEW
The City Manager or the authorized designee should review the emergency management plan at least once every two years and ensure that the plan conforms to any revisions made by the National Incident Management System (NIMS). The City Manager or the authorized designee should appropriately address any needed revisions.
205.7 TRAINING
The City should provide training on the emergency management plan for appropriate personnel.
Training should incorporate a full or partial exercise or a tabletop or command discussion
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
206
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 42 Volunteers
206.1 PURPOSE AND SCOPE
This policy establishes the guidelines for volunteers to supplement and assist city personnel in their duties. Trained volunteers can augment city personnel and help complete various tasks. 206.1.1 DEFINITIONS
Definitions related to this policy include:
Volunteer - An individual who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. This may include interns, persons providing administrative support, and individuals participating in school-sponsored, educational, or diversion programs, among others. Volunteers may be youths or adults. 206.2 POLICY
It is the policy of the City that volunteers be appointed, trained, and supervised to carry out specified tasks and duties in an effort to create an efficient local government and improve services to the community.
206.3 ELIGIBILITY
Requirements for participation as a volunteer for the City may include but are not limited to:
(a) Residency in the City.
(b) The ability to meet any necessary age requirements. (c) Possession of a valid driver's license, if the position requires vehicle operation. (d) Possession of liability insurance for any personally owned equipment, vehicles, or animals utilized during volunteer work.
(e) No conviction of a felony, any crime of a sexual nature or against children, any crime related to assault or violence, any crime related to dishonesty, or any crime that would be inconsistent with volunteer service with the City.
(f) The ability to meet physical requirements reasonably appropriate to the assignment. (g) A personal background history and character suitable for a person representing the City, as validated by a background investigation, as appropriate. 206.3.1 MINORS
Volunteers younger than age 14 must be accompanied by a parent or legal guardian during the performance of their volunteer assignments. Volunteers between the ages of 14 and 18 must have the written consent of a parent or guardian prior to volunteering.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 43 206.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The City shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral, and professional standards set forth by this city. 206.4.1 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with city policy on equal opportunity, nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in and an ability to assist the City in serving the public.
Requests for volunteers should be submitted in writing by interested city employees to the volunteer coordinator through the Human Resources Department. A complete description of the volunteer's duties and a requested time frame should be included in the request. All city employees should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The volunteer coordinator may withhold assignment of any volunteer until such time as the requester is prepared to make effective use of volunteer resources. 206.4.2 SELECTION
Volunteer candidates shall successfully complete the following process prior to appointment as a volunteer:
(a) Submit the appropriate written application.
(b) Interview with the City Manager and Human Resources Department. (c) Successfully complete an appropriate-level background investigation or screening. 206.4.3 APPOINTMENT
Service as a volunteer with the City shall begin with an official notice of acceptance or appointment by the City Manager or the authorized designee. Notice may only be given by an authorized representative of the City, who will normally be the Human Resources Manager..
No volunteer should begin any assignment until officially accepted for the position and all required screening and paperwork has been completed. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of the position description and agreement of service with the City.
All volunteers shall receive a copy of applicable volunteer orientation materials and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
Volunteers serve at the discretion of the City Manager. 206.5 IDENTIFICATION AND DRESS CODE
As representatives of the City, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their assignment.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 44 Uniforms and necessary safety equipment will be provided for each volunteer, if appropriate for the volunteer position. Identification symbols worn by volunteers shall be different and distinct from those worn by city employees through the inclusion of "Volunteer" on the uniform.
Certain volunteers may be issued city identification cards to be carried at all times while in the performance of their assignment. The identification cards may be the standard city identification cards, except that “Volunteer” will be indicated on the cards. 206.6 PERSONNEL WORKING AS VOLUNTEERS
Qualified regular city personnel, when authorized, may also serve as volunteers. However, this city shall not utilize the services of volunteers in such a way that it would violate employment laws or employment agreements. Therefore, the volunteer coordinator should consult with the City Manager or the authorized designee prior to allowing regular city personnel to serve in a volunteer capacity (29 CFR § 553.100 et seq.).
206.7 VOLUNTEER COORDINATOR
The volunteer coordinator should be appointed by the City Manager or the authorized designee.
The function of the coordinator is to provide a central coordinating point for effective volunteer management within the City, and to direct and assist efforts to jointly provide more productive volunteer services. Volunteers serve under the general direction of the supervisor in charge of the volunteer’s assignment but report to the volunteer coordinator.
The volunteer coordinator may appoint a senior volunteer or other designee to assist in the coordination of volunteers and their activities.
The responsibilities of the coordinator or the authorized designee include but are not limited to:
(a) Recruiting, selecting, and training qualified volunteers. (b) Conducting volunteer meetings, as appropriate.
(c) Establishing and maintaining a volunteer callout roster, as necessary. (d) Maintaining records for each volunteer.
(e) Tracking and evaluating the contribution of volunteers. (f) Maintaining a record of volunteer schedules.
(g) Completing and disseminating, as appropriate, all necessary paperwork and information.
(h) Planning periodic recognition events.
(i) Maintaining a liaison with other community programs that use volunteers and assisting in community-wide efforts to recognize and promote volunteering. (j) Maintaining volunteer orientation and training materials and outlining expectations, policies, and responsibilities for all volunteers.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 45 An evaluation of the overall use of volunteers will be conducted on an annual basis by the coordinator.
206.8 RESPONSIBILITIES
Volunteers assist city personnel as needed. Volunteers may be assigned to one department to augment the support of paid personnel, but they may be reassigned as needed. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
206.8.1 COMPLIANCE
Volunteers shall be required to adhere to all city policies and procedures. A copy of the policies and procedures will be made available to each volunteer upon appointment. The volunteer shall become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this Policy Manual refers to city employees, it shall also apply to a volunteer, unless by its nature it is inapplicable.
Volunteers are required to meet city-approved training requirements as applicable to their assignments.
206.8.2 VOLUNTEER MEETINGS
All volunteers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the City Manager/Human Resources Manager
206.9 TASK-SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for volunteers to properly and safely perform their assignments. Training should correspond to the volunteer's assignment as determined by the volunteer coordinator.
Volunteers will be provided with an orientation program to acquaint them with the policies of the City and procedures applicable to their assignments.
Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete the required tasks, and should receive ongoing training as deemed appropriate by their supervisors or the City Manager/Human Resources Manager.
Training should reinforce to volunteers that they shall not intentionally represent themselves as, or by omission imply that they are, full-time employees of the City. They shall always represent themselves as volunteers.
All volunteers shall comply with the standards of conduct and with all applicable orders and directives, either oral or written, issued by the City. 206.9.1 VOLUNTEER TRAINING MATERIALS
Volunteers will be issued training materials when necessary, based upon the volunteer assignment. The materials should outline the subject matter and skills necessary to properly
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 46 function as a volunteer with the City. The volunteer shall become knowledgeable of the subject matter and proficient with the skills as set forth in the training materials. 206.10 SUPERVISION
Each volunteer must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the volunteer’s assignment. The following are some considerations that supervisors should keep in mind while supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give volunteers an assignment or task that will utilize these valuable resources.
A volunteer may be assigned as a supervisor of other volunteers, provided that the supervising volunteer is under the direct supervision of an employee. 206.10.1 EVALUATIONS
A volunteer will be considered a trainee until training has been satisfactorily completed. Volunteers who have completed their training should be evaluated annually using performance dimensions applicable to the assignment and authorities granted to that volunteer. 206.10.2 FITNESS FOR DUTY
No volunteer shall report for work or be at work when the volunteer’s judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol or drugs, whether legal or illegal.
Volunteers shall report to their supervisors any change in status that may affect their ability to fulfill their assignments.
206.11 INFORMATION ACCESS
With appropriate security clearance, a volunteer may have access to or be in the vicinity of confidential or protected information, including but not limited to legal materials, financial data, or information portals. Unless otherwise directed by a supervisor, the responsibilities of the position, or policy, all such information shall be considered confidential. Only that information specifically identified and approved by authorized employees shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by city policy and supervisory personnel.
A volunteer whose assignment requires the use of, or access to, confidential or protected information will be required to obtain the necessary security clearance, which may include a criminal background check and/or the submission of fingerprints to the appropriate state agency.
Volunteers working this type of assignment will receive training in data practices and be required
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 47 to sign a nondisclosure agreement before being given an assignment with the City. Subsequent unauthorized disclosure of any confidential information verbally, in writing, or by any other means by the volunteer is grounds for immediate dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to newspapers or other periodicals, release or divulge any information concerning the activities of the City, or maintain that they represent the City in such matters without permission from the proper city personnel. 206.11.1 RADIO USAGE
Any volunteer who operates city radios while acting in the capacity of a volunteer should receive appropriate training on radio usage.
206.12 EQUIPMENT
Any property or equipment issued by the City shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the City and shall be returned at the termination of service.
206.12.1 VEHICLE USE
Any volunteer who operates any vehicle while acting in the capacity of a volunteer shall receive training in safe driving. The specific training and course of study shall be determined by the volunteer coordinator and supervisor in charge of the volunteer’s assignment.
Volunteers whose assignments require the use of a vehicle must first complete:
(a) A driving safety briefing and, if necessary to the volunteer position, a city-approved driver safety course.
(b) Verification that the volunteer possesses a valid driver’s license. (c) Verification that the volunteer carries current vehicle insurance.
The volunteer coordinator should ensure that all volunteers receive safety briefing updates and license and insurance verification at least once a year.
When operating city vehicles, volunteers shall obey all rules of the road, including seat belt requirements.
Volunteers should not operate marked law enforcement or other emergency operation vehicles unless there is a prominently placed sign indicating that the vehicle is out of service.
Volunteers are not authorized to operate city vehicles while using the vehicle's emergency equipment (e.g., emergency lights, siren).
206.13 DISCIPLINARY PROCEDURES/TERMINATION
If a volunteer becomes the subject of a complaint or administrative investigation, the matter may be investigated in accordance with city procedures applicable to regular employees.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Volunteers
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Volunteers - 48 Volunteers are considered at-will and may be removed from service at the discretion of the City Manager or the authorized designee, with or without cause. Volunteers shall have no property interest in their continued appointments or due process interest in an administrative investigation.
However, if removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear the volunteer’s name through a liberty interest hearing, which shall be limited to a single appearance before the City Manager or the authorized designee.
Volunteers may resign from volunteer service with the City at any time. It is requested that volunteers who intend to resign provide advance notice and a reason for their decision. 206.13.1 EXIT INTERVIEWS
The volunteer coordinator should conduct exit interviews, where possible. These interviews should ascertain why the volunteer is leaving the position and should solicit the volunteer’s suggestions on improving the position. When appropriate, an exit interview should also include a discussion on the possibility of involvement in some other capacity with the City.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
207
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Electronic Mail - 49 Electronic Mail
207.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of the electronic mail (email) system provided by the City.
207.2 POLICY
Employees shall use email in a professional manner in accordance with this policy and current public records laws.
207.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).
207.4 RESTRICTIONS ON USE OF EMAIL
Messages transmitted over the email system are restricted to official business activities, or shall only contain information that is essential for the accomplishment of business-related tasks or for communications that are directly related to the business, administration, or practices of the City.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, or any other inappropriate messages on the email system is prohibited and may result in discipline.
Email messages addressed to the entire City are only to be used for official business-related items that are of particular interest to all users. In the event that an employee has questions about sending a particular email communication, the employee should seek prior approval from a supervisor.
It is a violation of this policy to transmit a message under another employee’s name or email address or to use the password of another to log into the system unless directed to do so by a supervisor. Employees are required to log off the network or secure the workstation when the computer is unattended. This added security measure will minimize the potential misuse of an employee’s email, name, or password. Any employee who believes the employee’s password has become known to another person shall change the password immediately. 207.5 EMAIL RECORD MANAGEMENT
Email may, depending upon the individual content, be a public record and must be managed in compliance with state law.
The City Clerk should ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Facilities - 50 Chapter 3 - Facilities
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
300
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Key and Electronic Access Device Controls - 51 Key and Electronic Access Device Controls
300.1 PURPOSE AND SCOPE
The control and accountability of keys is important to maintain a safe and secure environment for employees and members of the public.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Key - All electronic or mechanical devices used to access or exit city buildings and facilities. It includes proximity cards, key fobs, and other electronic access devices. 300.2 POLICY
It is the policy of the City that all keys used to access local government buildings and facilities are inventoried and controlled.
300.3 KEY IDENTIFICATION
All keys that open any doors or locks to city buildings or facilities should be marked with unique identification codes that will allow for quick inventory. Keys that are bundled together as a set should be numbered or coded with a tag to identify that set and the number of keys on the ring.
The identifying numbers or codes on keys should not correspond to numbers/codes on locks.
A separate secure document identifying all keys will be maintained by the City Manager or the authorized designee.
300.4 KEY CONTROL
Keys may be issued to employees or accessed and checked out by authorized employees from secure designated areas. Keys issued to or accessed and checked out by employees shall be limited to only those keys necessary for the employee’s position.
Employees shall not loan a key or key set to another person. All keys must be issued or checked out through the control process. Employees shall not possess any key for which they have not been authorized.
All keys issued or checked out to employees remain the property of the City. Employees shall not duplicate, mark, alter, or manufacture any key without written authorization from the City Manager or the authorized designee.
The City Manager or the authorized designee should regularly inventory all city keys. 300.5 LOCK POLICY
All city buildings and facilities should be kept locked during non-operating hours. Employees shall not leave public entrances to city buildings and facilities unlocked or propped open during nonoperating hours. Employees should never leave non-public entrances to city buildings and facilities unlocked or propped open.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Key and Electronic Access Device Controls
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Key and Electronic Access Device Controls - 52 300.6 TESTING
The City Manager or the authorized designee should periodically test locks to doors and gates for proper function and document the testing.
300.7 EMERGENCY KEY SET
At least one key set containing every key for city buildings and facilities should be kept separate from all of the other key sets in a secure location and made accessible only to the City Manager or the authorized designee in the event of an emergency. 300.8 MISSING KEYS
Any employee who discovers that a key or key set is missing shall report it to a supervisor as soon as reasonably practicable. If a reasonable effort to locate the key fails, the supervisor shall notify the City Manager or the authorized designee regarding the loss of the key, when it was discovered, and the circumstances involved.
The City Manager or the authorized designee will determine whether to re-key any locks that may have been compromised, and whether this should be done immediately. 300.9 DAMAGED KEYS OR LOCKS
Malfunctioning or damaged keys or locks shall be promptly reported to a supervisor. No part of a broken key should be left in the lock. All portions of the damaged key must be turned in to a supervisor, who will provide a replacement key as needed. Damaged locks should be replaced or repaired as soon as practicable. Appropriate security measures should be taken until such time as the lock is properly restored.
300.10 KEY CONTROL RECORDS
The City Manager or the authorized designee will maintain documentation for the accounting and security of all keys and key sets. Key control measures should be documented by the designated employee and the records retained in accordance with established records retention schedule.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
303
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Holiday Displays - 53 Holiday Displays
303.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on holiday displays by the City.
The use of city facilities by members of the public or private groups is addressed in the Use of Public Facilities Policy.
Memorials on city property are addressed in the Memorials on Public Property Policy. 303.2 POLICY
It is the policy of the City that city seasonal temporary holiday displays be appropriate and lawful. 303.3 RESPONSIBILITIES
The City Manager should review and approve each city holiday display.
The City Manager’s review should be completed prior to installation of the display and should include a review of the following:
(a) The location of the display, including the types of structures and properties immediately adjacent to the display.
(b) The manner and format in which the different secular and non-secular decorations will be displayed.
(c) Whether the display complies with the criteria set forth in this policy.
If the City Manager has any concerns regarding the content of the display, counsel should be consulted prior to proceeding.
303.4 REVIEW CRITERIA
A city holiday display should not have an overall effect of supporting or endorsing a religion or denigrating or inhibiting any religion or religious belief. When reviewing a proposed display, the City Manager should consider the following:
(a) The holiday display should:
1. Have a primary purpose that is secular.
2. Recognize the celebration of the holidays and/or seasonal traditions (e.g., lights, snowflakes, Santa Claus in the winter; bunnies, baskets, eggs in the spring).
3. Include religious symbols only if they are accompanied by numerous other nonreligious holiday items and in a non-religious setting. (b) The holiday display should not:
1. Include religious symbols (e.g., a nativity scene, a cross, a menorah) alone or in a setting that focuses on or draws attention to a specific religion or the religious nature of a symbol.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Holiday Displays
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Holiday Displays - 54
2. Be placed in any location that makes it appear that the display endorses a religion.
3. Be used for any religious practices or ceremonies.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
304
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Memorials on Public Property - 55 Memorials on Public Property
304.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on the review and approval of city memorials and the relocation, alteration, or removal of existing memorials on city property.
This policy addresses memorials established by the City and memorials requested or donated by members of the public.
This policy does not apply to the following:
(a) Works of art that are not memorial or commemorative in nature (b) Signage or plaques placed on city property for the purpose of acknowledging a donor or sponsor
(c) Historical markers or placards that provide information to the public Temporary displays on city property are addressed in the Holiday Displays and the Use of Public Facilities policies.
304.1.1 DEFINITIONS
Definitions related to this policy include:
Memorial - A permanent monument, museum, building, garden, plaque, sculpture, or the like intended to commemorate or preserve the memory of a person, group, action, or event. 304.2 POLICY
It is the policy of the City that memorials on city property be considered and approved pursuant to this policy.
304.3 RESPONSIBILITIES
The City Manager or the authorized designee should:
(a) Establish procedures for the submission, review, and approval of requests by members of the public for new city memorials or for the removal, alteration, or relocation of existing memorials. The procedures should include:
1. That all requests be submitted in writing.
2. For new memorials, that the request includes detailed information regarding the form and substance of the proposed memorial, the proposed location, and the proposed source of funding.
(a) The proposed memorial should be presented either in fully finished form or in a model prior to final acceptance by the City.
3. For existing memorials, that the request includes the reason for the requested removal, relocation, or alteration.
(a) Requests for relocation should identify the new proposed location.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Memorials on Public Property
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Memorials on Public Property - 56 (b) Requests for alteration should detail the type and form of the proposed alteration.
4. Review by any appropriate department.
5. The opportunity for input from members of the public.
6. The opportunity for the City to ask the requester for modifications to a proposed memorial, relocation, or alteration consistent with this policy.
7. That any denial of a request be documented.
8. An appeal process to the City Manager or the City Council for application denials or modification requests.
(b) Provide notice to members of the public making requests that:
1. For new memorials, the memorial becomes the property of the City upon installation.
2. The City may deny any request after a review of the request under the procedures established by this policy.
3. The City will make a final determination as to the location of all new or relocated memorials within the City.
4. Existing memorials on city property do not establish a precedent for any future approvals.
(c) Adopt and maintain additional city requirements relating to new memorials or the removal, alteration, or relocation of existing memorials.
1. Requirements may include size, material quality, and appearance standards. (d) Coordinate a process for the periodic review of existing memorials to consider whether:
1. Relocation, alteration, or removal is appropriate. This process should include the evaluation of the overall condition of the memorial and whether there are any reasons to consider the relocation, alteration, or removal of the memorial.
2. Designation as a historic landmark or district under federal, state, or local laws or guidelines is appropriate for any memorials.
(e) Create a list of all memorials within the City that includes the type of memorial, the current location of the memorial, and any specific maintenance, safety, or access information relevant to the memorial.
304.4 CONSIDERATIONS FOR NEW MEMORIALS
The following criteria should be considered for all new memorials:
(a) The memorial should:
1. Support or promote the common history of the City, local culture, civic identity, or mission of the City.
2. Be of historical or social significance.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Memorials on Public Property
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Memorials on Public Property - 57
3. Be located in an area that is connected with the person or event being commemorated.
4. Be compatible with the area surrounding the proposed location. (a) The size, content, and appearance of the memorial should improve or otherwise enhance the social and physical environment of the surrounding area.
5. Comply with any additional city requirements related to memorials. (b) The memorial should not:
1. Present unreasonable maintenance, security, environmental, or access issues.
2. Be offensive to a reasonable person.
3. Reasonably appear to be promoting, favoring, or inhibiting any religion or political affiliation.
Consideration should be given to how the memorial corresponds with other memorials in the immediately surrounding area and in the City generally. 304.5 CONSIDERATIONS FOR THE REMOVAL, ALTERATION, OR RELOCATION OF
EXISTING MEMORIALS
The following criteria should be applied to all cases where the removal, alteration, or relocation of a memorial is being considered, whether initiated by a request from members of the public or internally by city officials or staff.
(a) The memorial should be removed, altered, or relocated, as appropriate, if:
1. The memorial has deteriorated to the extent that it cannot be safely maintained in its current location.
2. Security issues make the current location unreasonable.
3. The memorial is damaged beyond reasonable repair.
4. Social or environmental changes to the location or surrounding area have made the memorial no longer appropriate for the location.
5. The memorial is no longer sufficiently connected to the common history, local culture, or mission of the City.
6. A more appropriate alternative location for the memorial is reasonably available. (b) The memorial should not be removed, altered, or relocated:
1. If federal, state, or local laws restrict the removal, alteration, or relocation of the memorial.
2. Without appropriate pre-approvals from federal, state, or local officials, as required.
3. If removal, alteration, or relocation is not consistent with additional requirements adopted or maintained by the City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Memorials on Public Property
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Memorials on Public Property - 58
4. Without final approval of the City Council.
304.6 DAMAGE OR DETERIORATION
Employees who observe damage to or significant deterioration of an existing memorial should report the damage to a supervisor. Appropriate repairs may be made with supervisory approval.
If damage or deterioration to a memorial reasonably appears to present a safety issue, access to the memorial should be restricted and a supervisor should be immediately notified. 304.7 DOCUMENTATION
The following should be created and maintained consistent with the established records retention schedule:
(a) The list of memorials within the City.
(b) Documentation relating to the approval of any new memorials. (c) Documentation relating to the removal, relocation, or alteration, of any memorial, including the reason for the action, and whether the memorial has been stored or otherwise disposed of.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
305
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Flags - 59 Flags
305.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper display of flags at city facilities. 305.2 POLICY
It is the policy of the City to display flags in compliance with federal and state laws and local ordinances.
305.3 DISPLAY OF FLAGS
Flags flown at city facilities will be displayed in the following order of prominence:
(a) The United States flag
(b) Flags of foreign governments recognized by the United States when flown with the United States flag
(c) The state flag
(d) The city flag
(e) The department flag
(f) Any commemorative flags
305.4 DISPLAYING THE FLAG OF THE UNITED STATES
Federal law providing for the use and the display of the United States flag is contained in Title 4 Chapter 1 of the United States Code, commonly referred to as the “Flag Code.” The City will display the flag of the United States in accordance with the provisions of 4 USC § 1 through 4 USC § 10.
305.4.1 DISPLAY OF THE UNITED STATES FLAG IN DAILY OPERATIONS Employees should consult the Flag Code for guidance whenever the flag of the United States is to be displayed in any manner. This is to ensure that the display is presented in accordance with the Flag Code and as follows:
(a) The United States flag should be conspicuously posted on all city facilities during hours of operation.
(b) It is the universal custom to display the flag only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness (4 USC § 6). (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed (4 USC § 6).
(d) The United States flag may only be flown at half-staff by Presidential or Gubernatorial decree, and on Memorial Day until noon (4 USC § 7).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Flags
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Flags - 60 Whenever the United States flag is displayed in conjunction with other flags or symbols it should occupy the “Place of Honor” (4 USC § 7).
305.5 DISPLAY OF THE STATE FLAG
The City will display the state flag prominently and in the proper position of honor in accordance with the United States Flag Code.
305.5.1 DISPLAY OF THE STATE FLAG IN DAILY OPERATIONS
Employees should review state law for guidance whenever the flag is to be displayed in any manner to ensure that the display is presented appropriately. Displays of the flag should be consistent with the following protocol:
(a) The flag should be conspicuously posted on all city facilities during hours of operation. (b) Generally, the flag should be displayed only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness. (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed.
(d) The flag shall be flown at half-staff whenever the flag of the United States is flown at half-staff, and may only be flown at half-staff at other times by order of the Governor. (e) Whenever the flag is displayed in conjunction with the United States flag, the United States flag shall occupy the position of first honor (4 USC § 7). When the flag is displayed in conjunction with other flags or symbols, it should occupy the position of honor.
305.6 DISPLAY OF COMMEMORATIVE OR UNOFFICIAL FLAGS
City flag displays, including but not limited to flagstaffs, are not intended to serve as a forum for free expression by the public. Commemorative flags or flags not identified in this policy, including flags of a government not recognized by the United States, should not be displayed by the City without prior approval from the City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Equipment - 61 Chapter 4 - Equipment
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
400
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Local Government-Owned and Personal
Property - 62
Local Government-Owned and Personal Property
400.1 PURPOSE AND SCOPE
This policy addresses the care of city-owned property and the role of the City when personal property, the property of another person or entity, or city-owned property is damaged or lost. 400.2 POLICY
The City will ensure that employees are issued appropriate property and equipment necessary for the employee’s job function. The City will take steps to minimize the cost associated with maintaining city property, including personal property authorized for use in the employee’s duties. 400.3 LOCAL GOVERNMENT-ISSUED PROPERTY
Supervisors should document all property and equipment issued by the City in the appropriate file at the time of issuance. Receipt of issued items shall be acknowledged by the receiving employee’s signature. Upon separation from the City, all issued property and equipment shall be returned.
Documentation of the return shall be acknowledged by the signature of a supervisor. 400.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall be responsible for the safekeeping, serviceable condition, proper care, proper use, and replacement of city property that has been assigned or entrusted to them. (a) Employees shall promptly report, through their supervisors, any loss of, damage to, or unserviceable condition of any city-issued property or equipment. (b) The use of damaged or unserviceable property should be discontinued as soon as practicable, and the item replaced with a comparable item as soon as available. (c) Except when otherwise directed by a supervisor or when exigent circumstances exist, city-issued property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d) City-issued property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without prior approval.
(e) Employees should obtain a supervisor's approval before any attempt to repair damaged or unserviceable property, unless the repair is of a minor or temporary nature.
(f) Employees shall not alter any City-issued or owned property in such a manner as to invalidate the manufacturer's or supplier's warranty. Any such alteration will result in the employee being responsible for any necessary repairs. 400.4 PERSONAL PROPERTY
Personal property or equipment shall not be carried during work hours or used for work-related purposes without prior approval by the City Manager.
The City will not replace or repair property that is not approved in accordance with the above.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Local Government-Owned and Personal Property
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Local Government-Owned and Personal Property - 63
400.5 SUPERVISOR RESPONSIBILITIES
The supervisor receiving a report that property, including personal property authorized for use, has been damaged should conduct an investigation and direct a memo to the City Manager or the authorized designee. The memo should include the result of the investigation and whether reasonable care was taken to prevent the loss, damage, or unserviceable condition.
In cases where the supervisor has reason to believe that misconduct or negligence was involved in the loss, damage, or unserviceable condition of property, the supervisor should consider whether disciplinary or other corrective action would be appropriate. 400.6 DAMAGE TO PROPERTY OF ANOTHER PERSON OR ENTITY
Employees who intentionally or unintentionally damage or cause to be damaged the real or personal property of another person or entity while performing any city function shall promptly report the damage to a supervisor.
400.6.1 DAMAGE BY OTHERS
Employees who observe damage to the real or personal property of the City should report the damage as follows:
(a) A verbal report should be made to the employee’s immediate supervisor and to the employee or department responsible for the property as soon as practicable. (b) A written report should be submitted before the end of the employee’s workday or as otherwise directed by the supervisor.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
401
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Communication Devices - 64 Personal Communication Devices
401.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and other communication devices, whether issued or funded by the City or personally owned, during work hours or when used for authorized work-related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless-capable tablets and similar wireless two-way communications, and/or portable internet access devices.
PCD use includes but is not limited to placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games, and accessing sites or services on the internet.
401.2 POLICY
The City allows employees to utilize city-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used during work hours, or during non-work hours in any manner reasonably related to the business of the City, will be subject to monitoring and inspection consistent with the standards set forth in this policy Employees are advised and cautioned that the use of a personally owned PCD for businessrelated purposes may subject the employee and the employee’s PCD records to civil or criminal discovery or disclosure under applicable public records laws Employees who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 401.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the City and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 401.4 LOCAL GOVERNMENT-ISSUED PCD
Depending on an employee's assignment and the needs of the position, the City may, at its discretion, issue or fund a PCD for the employee's use to facilitate work performance. Cityissued or funded PCDs may not be used for personal business during or after work hours unless authorized by the City Manager or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the City and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Communication Devices - 65 Non-exempt employees shall not use a city-issued PCD outside of normal working hours unless authorized to do so or in the event of an emergency.
401.5 PERSONALLY OWNED PCD
Employees may carry a personally owned PCD during work hours, subject to the following conditions and limitations:
(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy.
(b) The City accepts no responsibility for loss of or damage to a personally owned PCD. (c) The PCD and any associated services shall be purchased, used, and maintained solely at the employee’s expense.
(d) The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of internal communication systems). Employees will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any city business-related communication.
1. Employees may use personally owned PCDs during work hours for routine administrative work as authorized by the City Manager.
(e) The device shall not be utilized to record or disclose any city business-related information, including photographs, video, or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the City, without the express authorization of the City Manager or the authorized designee.
(f) Use of a personally owned PCD for work-related business constitutes consent for the City to access the PCD to inspect and copy data to meet the needs of the City, which may include litigation, records retention and release obligations, and internal investigations. If the PCD is carried during work hours, employees will provide the City with the telephone number of the device.All work-related documents, emails, photographs, recordings, or other public records created or received on an employee’s personally owned PCD should be transferred to the City and deleted from the employee’s PCD as soon as reasonably practicable but no later than the end of the employee’s workday.
(g) All work-related documents, emails, photographs, recordings, or other public records created or received on an employee’s personally owned PCD should be transferred to the City and deleted from the employee’s PCD as soon as reasonably practicable but no later than the end of the employee’s workday.
Except with prior express authorization from their supervisors, employees are not obligated or required to carry, access, monitor, or respond to electronic communications using a personally owned PCD during non-work hours. If an employee is in an authorized status that allows for appropriate compensation consistent with policy or existing employment agreements, or if the employee has prior express authorization from a supervisor, the employee may
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Communication Devices - 66 engage in city business-related communications. Should employees engage in such approved communications or work during non-work hours, employees entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Employees who independently document city-related business activities conducted during non-work hours in any manner shall promptly provide the City with a copy of such records to ensure accurate record keeping. 401.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried during work hours or used to conduct city business:
(a) All PCDs in the workplace shall be set to silent or vibrate mode. (b) A PCD may not be used to conduct personal business during work hours, except for brief personal communications (e.g., informing family of extended hours). Employees shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists.
(c) Employees may use a PCD to communicate with other personnel in situations where the use of city-provided communications methods is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular city-provided communications methods.
(d) Employees are prohibited from taking pictures, audio or video recordings, or making copies of any such picture or recording media unless it is directly related to official city business. Disclosure of any such information to any third party through any means, without the express authorization of the City Manager or the authorized designee, may result in discipline.
(e) Employees will not access social networking sites for any purpose that is not official city business.
(f) Using PCDs to harass, threaten, coerce, or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall promptly notify a supervisor.
401.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that employees under their supervision are provided appropriate training on the use of PCDs consistent with this policy.
(b) Monitoring to the extent practicable, PCD use in the workplace and taking prompt corrective action if an employee is observed or reported to be improperly using a PCD.
1. An investigation into improper conduct should be promptly initiated when circumstances warrant.
2. Before conducting any administrative search of an employee's personally owned device, supervisors should consult with the City Manager or the authorized designee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Communication Devices - 67 401.8 OFFICIAL USE
Employees are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct sensitive or private communications on a land-based or other city communications network. 401.9 USE WHILE DRIVING
Employees operating vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. Hands-free use should be restricted to urgent business-related calls.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
402
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Maintenance - 68 Vehicle Maintenance
402.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that city vehicles are appropriately maintained. 402.2 POLICY
The City will service department vehicles to ensure they remain operational and maintain their appearance, as resources allow.
402.3 GENERAL DUTIES
Employees are responsible for assisting in maintaining city vehicles so that they are properly equipped, maintained, and refueled and present a clean appearance. 402.4 DEFECTIVE VEHICLES
When a vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service. Proper documentation shall be promptly completed by the employee who becomes aware of the defective condition and forwarded to a supervisor for action.
Documents describing the correction of the safety issue shall be promptly filed by the supervisor with the vehicle history.
402.4.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged or perform poorly shall be removed from service for inspections and repairs as soon as practicable in accordance with the accompanying procedure. 402.4.2 SEVERE USE
Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, and severe weather exposure. 402.4.3 REMOVAL OF EQUIPMENT
All equipment (including tools) shall be removed from a vehicle and properly secured prior to the vehicle being released for maintenance, service, or repair. by using the red tag form . 402.5 VEHICLE REFUELING
Generally, vehicles should not be operated with less than one-quarter tank of fuel. Vehicles should not be returned to the pool or the assigned department at the end of the workday with less than one-quarter tank of fuel. Vehicles shall only be refueled at an authorized location. 402.6 WASHING OF VEHICLES
Vehicles shall be kept clean at all times and, weather conditions permitting, shall be washed as necessary to maintain the professional appearance of the City.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Vehicle Maintenance
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Maintenance - 69 Employees using a vehicle shall remove any trash or debris at the end of their workday.
Confidential material should be placed in a designated receptacle that has been provided for shredding this material.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
403
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Use - 70 Vehicle Use
403.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for employees who use vehicles for city business.
This policy does not create or imply any contractual obligation by the City to provide assigned vehicles.
Individual department heads may have additional policies for vehicle use to address specific vehicles and duty assignments.
403.2 POLICY
The City authorizes the use of certain vehicles for official city business to enhance operational efficiency and requires that vehicles are operated in a safe and legal manner.
All city employees assigned or authorized to use city vehicles are responsible for understanding and in compliance with the city car standards as detailed within. 403.3 USE OF VEHICLES
403.3.1 VEHICLE ASSIGNMENTS
City vehicles may be assigned to individual employees at the discretion of the City Manager or the authorized designee. Vehicles may be assigned for partial or full workday use and/or takehome use. Vehicle assignments may be changed or suspended at any time. Permission to take home a vehicle may be withdrawn at any time.
Vehicle assignments shall be based on the employee's job description, essential functions, and employment status. Vehicles may be reassigned or utilized by other city employees at the discretion of the City Manager or the authorized designee.
The City Manager or the authorized designee is responsible for creating a vehicle assignment roster each day and for maintaining the rosters in accordance with the established records retention schedule.
403.3.2 EMPLOYEE RESPONSIBILITIES
Employees operating a vehicle as part of their job with the City shall:
(a) Possess a valid driver's license.
1. Have a clean driving record for at least 5 years. Provide the [city_county] with a driver's history report upon request.
2. Employees shall report any suspensions or revocations of their license and any changes to driving privileges as soon as practicable and before any subsequent city vehicle use or personal vehicle use for city business.
3. Any collisions involving employees including those that take place outside of the workplace shall be reported.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Vehicle Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Use - 71
4. Employees must possess a valid commercial driver's license or special class license when applicable.
(b) Notify a supervisor of any citations or arrests for motor vehicle-related violations or offenses as soon as practicable.
(c) Obey all traffic laws.
403.3.3 INSPECTIONS
Employees shall be responsible for inspecting the interior and exterior of any assigned city vehicle. If the vehicle is assigned for the workday, it should be inspected before use and at the conclusion of the workday. If the vehicle is assigned for less than a workday, it should be inspected before use and upon conclusion of use. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented using the attached form .
All city vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No employee assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 403.3.4 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times to safeguard any city equipment prior to parking or leaving the vehicle.
403.3.5 KEYS
Employees who are assigned a specific vehicle should be issued keys for that vehicle. Employees shall not duplicate keys or share them with any person except another employee authorized to use that vehicle. The loss of a key shall be promptly reported in writing to the employee’s supervisor. 403.3.6 AUTHORIZED PASSENGERS
Employees operating assigned vehicles shall not permit unauthorized persons to ride as passengers in the vehicle, unless previously approved by City Manager. 403.3.7 PARKING
Employees should obey parking regulations at all times.
City vehicles should be parked in assigned spaces. Employees shall not park personal vehicles in spaces assigned to city vehicles or in other parking areas that are not so designated unless authorized by a supervisor.
403.3.8 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories from city vehicles without written permission from the City Manager or the authorized designee. 403.3.9 DRIVER EXPECTATIONS
EMPLOYEES MUST
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Vehicle Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Use - 72 • Employees must always abide by this policy.
• Drive safe and sober.
• Respect traffic laws and fellow drivers.
• If applicable, wear glasses or contacts when driving. • Employees must not take any unauthorized passengers in the city vehicle. • Employees acknowledge vehicles are subject to location monitoring. • Employees are responsible to seek care and maintain vehicles through department head. • Document any driving-related expenses, like fuels and tolls. • Check their car regularly to ensure gas, tire pressure and all car fluids are at appropriate levels. • Hybrid/Electric Vehicles charged.
• Complete vehicle inspection sheets at the intervals assigned by department head. • Report any damages or problems with their assigned cars to direct supervisor/department head as soon as practicable.
• Avoid double-parking, blocking entrances and engaging in other traffic violations that may result in fines.
If employees have their driver's licenses suspended or revoked, they must inform the Human Resources Department as soon as practicable.
Employees who are fatigued and/or sick should avoid driving if they feel their driving ability is impaired.
EMPLOYEES ARE PROHIBITED FROM
• Drive with unapproved individuals in vehicle.
• Use vehicle for personal use.
• Smoke inside of a city car.
• Lease, sell or lend a city car.
• Violate distracted driving laws by using a phone or texting while driving. • Use a city car to teach someone how to drive.
• Leave the city car unlocked, unattended or parked in dangerous areas. • Allow unauthorized people to drive a city car unless an emergency mandates it. 403.4 UNSCHEDULED TAKE-HOME USE
Employees may take home city vehicles only with prior approval of a supervisor and shall meet the following criteria:
(a) The circumstances are unplanned and were created by the needs of the City. (b) Other reasonable transportation options are not available. (c) The employee lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the city limits.
(d) Off street parking will be available at the employee’s residence. (e) The vehicle will be locked when not attended.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Vehicle Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Use - 73 (f) All portable city equipment will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage.
When such circumstances occur, the City Manager or the authorized designee shall document the unscheduled take-home use in the vehicle assignment roster. 403.5 ASSIGNMENT OF TAKE-HOME VEHICLES
Assignment of take-home vehicles should be based on the location of the employee’s residence, the nature of the employee’s job, whether the employee performs work outside of regular business hours, the employee's employment status, and available resources.
Employees are cautioned that under federal and local tax rules, personal use of a city vehicle may create an income tax liability for the employee. Questions regarding tax rules should be directed to the employee’s tax adviser.
Travel to and from the home will not be considered work time unless the employee is responding to and from an emergency as part of the employee’s duties. 403.5.1 TAKE-HOME VEHICLE AGREEMENT
Employees shall sign a take-home vehicle agreement that outlines how the vehicle shall be used, where it shall be parked, vehicle maintenance responsibilities, and any other appropriate requirements. The agreement should minimally provide that:
(a) Vehicles shall only be used for work-related purposes and shall not be used for personal reasons, unless special circumstances exist and the City Manager or the authorized designee gives prior authorization.
(b) Vehicles are to be parked off-street at the employee's residence unless prior arrangements have been made with the City Manager or the authorized designee. If the vehicle is not secured inside a locked garage, all removable city equipment shall be removed and properly secured in the residence.
(c) Vehicles are to be secured at the employee's residence or the appropriate city facility, at the discretion of the employee's supervisor, when an employee will be away (e.g., on vacation) for periods exceeding one week.
1. If the vehicle remains at the employee's residence, the City shall have access to the vehicle.
403.6 DAMAGE, ABUSE, AND MISUSE
When any city vehicle is involved in a traffic accident or otherwise incurs damage, the involved employee shall promptly notify a supervisor. Any traffic accident report shall be filed with the agency having jurisdiction, with a copy provided to the City Manager or the authorized designee.
Damage to any city vehicle that was not caused by a traffic accident shall be immediately reported during the shift or workday in which the damage was discovered via red tag form and documented in memorandum format, which shall be forwarded to the City Manager or the authorized designee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Vehicle Use
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Use - 74 An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse.
403.7 TOLL ROAD USAGE, FUEL, AND MILEAGE
With the exception of take-home vehicles driven to and from the employee's residence, employees may submit for reimbursement from the City for toll fees and fuel expenses incurred in the course of official business. In lieu of fuel expenses, employees may submit for reimbursement for mileage accrued on personal vehicles used for city business at standard IRS rate. 403.8 DISCIPLINARY CONSEQUENCES
Employees will face disciplinary action if the standards of using a city vehicle are not adhered to.
Discipline will be based on severity and imposed accordingly.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
404
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Vehicle Safety Restraints/Safety Belts - 75 Vehicle Safety Restraints/Safety Belts
404.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of safety belts. This policy will apply to all employees operating or riding in city vehicles.
Individual department policies may provide additional guidance. 404.2 POLICY
It is the policy of the City that employees use safety systems to reduce the possibility of death or injury in a motor vehicle accident.
404.3 WEARING OF SAFETY RESTRAINTS
All employees shall wear properly adjusted safety restraints at all times when operating or riding in a seat equipped with restraints, in any vehicle owned, leased, or rented by this city, or in any privately owned vehicle when conducting city business. The employee driving such a vehicle shall ensure that all other occupants, including those who are not employees of the City, are properly restrained.
404.4 INOPERABLE SAFETY BELTS
City vehicles shall not be operated when the safety belt in the driver's position is inoperable.
Persons shall not be transported in a seat in which the safety belt is inoperable.
City vehicle safety belts shall not be modified, removed, deactivated, or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the City Manager or the authorized designee.
Employees who discover an inoperable restraint system shall report the defect to the appropriate supervisor in accordance with the accompanying procedure. Prompt action will be taken to replace or repair the system.
404.5 VEHICLES MANUFACTURED WITHOUT SAFETY BELTS
Vehicles manufactured and certified for use without safety belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 404.6 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
405
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Protective Equipment - 76 Personal Protective Equipment
405.1 PURPOSE AND SCOPE
This policy addresses the use of personal protective equipment (PPE) provided by the City. 405.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards.
405.2 POLICY
The City endeavors to protect employees by supplying certain PPE as provided in this policy. 405.3 SUPERVISOR RESPONSIBILITIES
Supervisors are responsible for identifying and making available PPE appropriate for the work environment.
405.4 EMPLOYEE RESPONSIBILITIES
Employees are required to use PPE pursuant to their training.
Employees are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed.
Any employee who identifies hazards in the workplace is encouraged to utilize the procedures in the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE.
405.5 EQUIPMENT PROCUREMENT AND USE
PPE shall meet or exceed any applicable requirements. Federal or other nationally recognized standards should be used as a guide for the procurement, use, maintenance, and storage of the following safety-related equipment in the absence of other mandatory requirements:
(a) Hearing protection (29 CFR 1910.95)
(b) Eye protection (29 CFR 1910.133)
(c) Respiratory protection (29 CFR 1910.134)
(d) Head protection (29 CFR 1910.135)
(e) Foot protection (29 CFR 1910.136)
(f) Electrical protective equipment (29 CFR 1910.137)
(g) Hand protection (29 CFR 1910.138)
(h) Personal fall protection systems (29 CFR 1910.140)
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personal Protective Equipment
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Protective Equipment - 77 The accompanying procedure provides information on the wearing and use of the above. 405.6 RECORDS
Supervisors are responsible for maintaining records of all:
(a) PPE training.
(b) PPE procurement and distribution.
(c) Fit tests and medical evaluations related to respiratory protection equipment, when applicable. Medical evaluation questionnaires and any physical examination results related to respirator use shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the city records retention schedule. 405.7 TRAINING
Employees should be trained in the hazards to which they may be potentially exposed during routine and emergency situations.
All employees should be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove, and adjust PPE; how to care for PPE; and the limitations of each device (29 CFR 1910.132).
Employees issued respiratory PPE should attend annual training on the proper use of respiratory protection devices (29 CFR 1910.134).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Records and Documents - 78 Chapter 5 - Records and Documents
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
500
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Records Maintenance and Release - 79 Records Maintenance and Release
500.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of city records. Protected information is separately covered in the Protected Information Policy. 500.2 POLICY
The City is committed to providing public access to records in a manner that is consistent with state public records laws.
500.3 CITY CLERK
The City Manager shall designate a City Clerk. The responsibilities of the City Clerk are provided in the City of Arvin job specification.
500.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any employee who receives a request for any record shall route the request to the City Clerk. 500.4.1 REQUESTS FOR RECORDS
The City Clerk shall follow all adopted policies approved by the City of Arvin City Council and act in accordance with the PRA law parameters.
500.5 SUBPOENAS AND DISCOVERY REQUESTS
Any employee who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the City Clerk for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.
Generally, discovery requests and subpoenas should be referred to the City Manager or the authorized designee.
All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to the City Manager or legal counsel so that a timely response can be prepared.
500.6 SECURITY BREACHES
Employees who become aware that any city records system may have been breached should notify the City Clerk as soon as practicable.
The City Clerk shall ensure any required notice of the breach is given.
If the breach reasonably appears to have been made to protected information covered in the Protected Information Policy, the City Clerk should promptly notify the appropriate employee designated to oversee the security of protected information (see the Protected Information Policy).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Records Maintenance and Release
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Records Maintenance and Release - 80 500.7 EXPUNGEMENT
The City Clerk shall review all court orders and other filings that pertain to the expungement or sealing of records for appropriate action. Once a record is expunged or sealed, employees shall respond to any inquiry as though the record did not exist. 500.8 TRAINING
Employees authorized to manage, release, or facilitate public access to city records should receive training that includes identification of material appropriate for release or public access and the city systems and procedures guiding such release and access.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
501
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Protected Information - 81 Protected Information
501.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release, and security of protected information by employees of the City. This policy addresses the protected information that is used in the day-to-day operation of the City and not the public records information covered in the Records Maintenance and Release Policy. 501.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored, or accessed by employees of the City and is subject to any access or release restrictions imposed by law, regulation, order, or use agreement. This includes all information contained in federal, state, or local databases that is not accessible to the public.
501.2 POLICY
Employees of the City will adhere to all applicable laws, orders, regulations, use agreements, and training related to the access, use, dissemination, and release of protected information. 501.3 RESPONSIBILITIES
The City Manager should designate an employee of the City to coordinate the use of protected information, including:
(a) Overseeing employee compliance with this policy and with requirements applicable to protected information.
(b) Developing, disseminating, and maintaining procedures necessary to comply with any requirements for the access, use, dissemination, release, and security of protected information.
(c) Developing procedures to ensure training and certification requirements are met. (d) Resolving specific questions that arise regarding authorized recipients of protected information.
(e) Implementing security practices and procedures to comply with requirements applicable to protected information.
501.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, use agreement, city policy, or training. Only those employees who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the employee has a legitimate work-related reason for such access.
Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Protected Information
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Protected Information - 82 501.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a lawful right to know and need to know.
An employee who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the City Clerk for information regarding a formal request.
501.6 SECURITY OF PROTECTED INFORMATION
The City Manager should designate an employee of the City to oversee the security of protected information, including:
(a) Developing and maintaining security practices, procedures, and training. (b) Maintaining compliance with any federal, state, and local requirements pertaining to the security of protected information.
(c) Establishing procedures to provide for the preparation, prevention, detection, analysis, and containment of security incidents, including cyberattacks. (d) Tracking, documenting, and reporting all breach of security incidents to the City Manager and appropriate authorities.
501.6.1 EMPLOYEE RESPONSIBILITIES
Employees accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes not leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an unattended computer terminal).
501.7 TRAINING
City Manager and employees authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
502
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personnel Records - 83 Personnel Records
502.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual employee's name.
502.2 POLICY
It is the policy of the City to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of this state. 502.3 PERSONNEL FILE
A personnel file shall be maintained as a record of a person's employment/appointment with this city. The personnel file should contain, at a minimum:
(a) Personal data, educational and employment history.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in employment/appointment status.
(d) Original performance evaluations.
(e) Discipline records, including copies of sustained personnel complaints. (f) Adverse comments such as supervisor notes or memos may be retained in the city file after the employee has had the opportunity to read and initial the comment.
1. Once an employee has had an opportunity to read and initial any adverse comment, the employee shall be given the opportunity to respond in writing to the adverse comment.
2. Any employee response shall be attached to and retained with the original adverse comment.
3. If an employee refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the employee's file. (g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.
502.4 DEPARTMENT, DIVISION, OR AGENCY FILE
Department files may be separately maintained internally by an employee's supervisor for the purpose of completing timely performance evaluations. The file may contain supervisor comments, notes, notices to correct, and other materials that are intended to serve as a foundation for the completion of timely performance evaluations.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personnel Records
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personnel Records - 84 502.5 TRAINING FILE
An individual training file should be maintained for each employee whose position requires specialized training or certification. Training files should contain records of all training; original or photocopies of available certificates, transcripts, diplomas, and other documentation; and education and firearms qualifications, as applicable. Training records may also be created and stored remotely, either manually or automatically.
(a) The involved employee is responsible for providing an immediate supervisor with evidence of completed training/education in a timely manner. (b) Supervisors should ensure that copies of such training records are placed in the employee’s training file.
502.6 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the employee’s medical condition and history, including but not limited to (a) Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA).
(b) Documents relating to workers’ compensation claims or the receipt of short- or longterm disability benefits. (c) Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries, and related documents.
(d) Medical release forms, doctor’s slips, and attendance records that reveal an employee’s medical condition.
(e) Any other documents or materials that reveal the employee’s medical history or medical condition, including past, present, or future anticipated mental, psychological, or physical limitations.
502.7 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection.
Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy, or according to applicable discovery procedures.
Nothing in this policy is intended to preclude review of personnel records by the City Manager in connection with official business.
502.7.1 REQUESTS FOR DISCLOSURE
Any employee receiving a request for a personnel record shall promptly notify the City Clerk or other person charged with the maintenance of such records.
Upon receipt of any such request, the responsible person shall notify the affected employee as soon as practicable that such a request has been made.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personnel Records
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personnel Records - 85 The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel.
All requests for disclosure that result in access to an employee’s personnel records shall be logged in the corresponding file.
502.8 EMPLOYEES’ ACCESS TO THEIR PERSONNEL RECORDS
Employees may request access to their own personnel records during the normal business hours of those responsible for maintaining such files. Employees seeking the removal of any item from their personnel records should file a written request to the City Manager. The City should remove any such item if appropriate, or within 30 days provide the employee with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the employee’s request and the written response from the City should be retained with the contested item in the employee’s corresponding personnel record.
Employees may be restricted from accessing files containing certain information (e.g., ongoing investigations to the extent that it could jeopardize or compromise the investigation). 502.9 RETENTION AND PURGING
Personnel records shall be maintained in accordance with the established records retention schedule:
(a) During the preparation of each employee's performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training, and career development. Each supervisor responsible for completing the employee's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained from the City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personnel - 86 Chapter 6 - Personnel
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
600
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Recruitment and Selection - 87 Recruitment and Selection
600.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements other city rules governing employment practices.
600.2 POLICY
In accordance with applicable federal, state, and local law, the City provides equal opportunities for applicants and employees, regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
The City does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.
The City will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 600.3 RECRUITMENT
The City Manager should employ the Human Resources Department to recruit and select employees from a qualified and diverse pool of candidates.
In accordance with the accompanying procedure, the strategy should include:
(a) Identification of racially and culturally diverse target markets. (b) Use of marketing strategies to target diverse applicant pools. (c) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive city website and the use of city-managed social networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, local colleges, universities, and the military.
(e) Posting and outreach within the City for internal candidates, when applicable and/or required.
(f) Use of local, state, or national professional organizations (e.g., National League of Cities, National Association of Counties, American Society for Public Administration).
The City should avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.
The City strives to facilitate and expedite the interview and selection process, and should periodically inform candidates of their status in the recruiting process.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Recruitment and Selection - 88 600.4 SELECTION PROCESS
The City should actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the City should employ a comprehensive screening, background investigation, and selection process that assesses the candidates' aptitude for the position and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, and military record) (b) Driving record (if applicable to the position)
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes
(e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) (if applicable to the position)
(g) Local, state, and federal criminal history record checks (h) Medical and/or psychological examination, as applicable and legally permissible (may only be given after a conditional offer of employment)
(i) Review board or selection committee assessment
600.4.1 VETERAN PREFERENCE
The City will provide any veteran preference required by law. 600.5 BACKGROUND INVESTIGATION
Every candidate shall undergo a background investigation and/or livescan to verify the candidate's application information and ability to perform duties relevant to the position. 600.5.1 NOTICES
Background investigators should ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and applicable state law (15 USC § 1681d). 600.5.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the City should not require candidates to provide passwords, account information, or access to passwordprotected social media accounts.
The City should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches and/or review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Recruitment and Selection - 89 (b) Material and information to be considered are verified, accurate, and validated. (c) The City fully complies with applicable privacy protections and local, state, and federal law.
Regardless of whether a third party is used, the City Manager or the authorized designee should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
600.5.3 RECORDS RETENTION
The background report and all supporting documentation should be maintained in accordance with the established records retention schedule.
600.5.4 DOCUMENTING AND REPORTING
The background investigator should summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report should not include any information that is prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation should be included in the candidate’s background investigation file.
600.6 EMPLOYMENT STANDARDS
All candidates shall meet any minimum standards required by state and local law. Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the City and the community.
Validated, job-related, and nondiscriminatory employment standards should be established and maintained for each job classification and should minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner.
Each standard should include performance indicators for candidate evaluation. 600.7 JOB DESCRIPTIONS
The City Manager or the authorized designee should maintain a current job description for each position in the City. If an employee is performing a duty consistently outside of specified scope of their current job description, the employee and direct supervisor should bring forward to Human Resources Department and Union representative (if applicable) for modification. 600.8 PROBATIONARY PERIODS
The City Manager or the authorized designee should coordinate with supervisors to identify positions subject to probationary periods and procedures for:
(a) Appraising performance during probation.
(b) Assessing the level of performance required to complete probation. (c) Extending probation.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Recruitment and Selection
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Recruitment and Selection - 90 (d) Documenting successful or unsuccessful completion of probation.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
601
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Performance Evaluations - 91 Performance Evaluations
601.1 PURPOSE AND SCOPE
This policy provides guidelines for the City performance evaluation system. 601.2 POLICY
The City shall use a performance evaluation system to measure, document, and recognize work performance. The performance evaluation will serve as an objective guide for the recognition of good work and the development of a process for improvement.
The City evaluates employees in a nondiscriminatory manner based upon job-related factors specific to the employee’s position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
601.3 TYPES OF EVALUATIONS
The City shall use the following types of evaluations:
Regular - An evaluation completed at regular intervals by the employee's immediate supervisor, minimally, on the anniversary of the date of hire or the last promotion.
When an employee transfers to a different assignment in the middle of an evaluation period and less than six months has transpired since the transfer, the evaluation should be completed by the current supervisor with input from the previous supervisor.
Special - An evaluation that may be completed at any time the supervisor and City Manager or the authorized designee determine an evaluation is necessary to address less than standard performance. The evaluation may include a plan for follow-up action (e.g., performance improvement plan (PIP), remedial training, retraining). 601.3.1 RATINGS
When completing an evaluation, the supervisor will identify the rating category that best describes the employee's performance. The definition of each rating category is as follows:
Highly Proficient Performer - Performance is well beyond that required for the position.
Quality Performer - Performance of a competent employee. It is satisfactory performance that meets the standards required of the position.
Improvement Performer - Performance is less than the standards required of the position. A needs improvement rating shall be thoroughly discussed with the employee.
Non-Quality Performer - Performance is inferior to the standards required of the position. It is inadequate or undesirable performance that cannot be allowed to continue.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Performance Evaluations
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Performance Evaluations - 92 Supervisor comments may be included in the evaluation to document the employee's strengths, weaknesses, and requirements for improvement. Any job dimension rating marked as unsatisfactory or outstanding shall be substantiated with supervisor comments. 601.3.2 PERFORMANCE IMPROVEMENT PLAN
Employees who receive an Improvement Performer or Non-Quality Performer rating may be subject to a PIP. The PIP shall delineate areas that need improvement, any improvement measures, and a timetable in which to demonstrate improvement. The issuing supervisor shall meet with the employee to review the employee's performance and the status of the PIP at least monthly.
601.4 EVALUATION PROCESS
Supervisors should meet with the employees they supervise at the beginning of the evaluation period to discuss expectations and establish performance standards. Each supervisor should discuss the tasks of the position, standards of expected performance, and the evaluation criteria with each employee.
Performance evaluations cover a specific period and should be based upon documented performance dimensions that are applicable to the duties and authorities granted to the employee during that period. Evaluations should be completed by each employee's immediate supervisor.
Other supervisors directly familiar with the employee's performance during the rating period should be consulted by the evaluating supervisor for input.
Assessment of an employee's job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise and to acknowledge good work. Periodic discussions with the employee during the course of the evaluation period are encouraged. Supervisors should document all discussions in the prescribed manner.
Non-probationary employees demonstrating substandard performance shall be notified in writing as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days' written notice prior to the end of the evaluation period. Probationary employees demonstrating substandard performance as subject to immediate dismissal.
All supervisors shall receive training on performance evaluations within one year of a supervisory appointment.
601.5 EVALUATION FREQUENCY
Supervisors shall evaluate all employees they supervise at least once every year on the anniversary of the employee's date of appointment or hire.
Those employees who are required to successfully complete a probationary period should be evaluated at the 6-month period for the first year, and annually each year following.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Performance Evaluations
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Performance Evaluations - 93 601.6 EVALUATION INTERVIEW
When the supervisor has completed an evaluation, a private discussion of the evaluation should be scheduled with the employee. The supervisor should discuss the evaluation ratings and respond to any questions the employee may have. The supervisor should provide relevant counseling regarding advancement, specialty positions, and training opportunities. Any performance areas in need of improvement and goals for reaching the expected level of performance should be identified and discussed. If the employee has reasonable objections to any of the ratings, the supervisor may make appropriate adjustments to the evaluation. The reason for such adjustments shall be documented.
Employees may write comments in an identified section of the evaluation. The supervisor and employee will sign and date the evaluation.
601.6.1 DISCRIMINATORY HARASSMENT FORM
At the time of each employee’s annual evaluation, the supervisor shall provide access to and require the employee to read the City Discriminatory Harassment Policy. The supervisor shall give the employee a form to be completed and returned that acknowledges the following:
(a) The employee understands the policy.
(b) The employee has had all questions regarding the policy sufficiently addressed. (c) The employee knows how to report alleged harassment and discrimination policy violations.
(d) Whether the employee has been the subject of, or witness to, any unreported conduct that may violate the policy.
The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall ensure that appropriate follow-up action is taken. 601.7 APPEAL
An employee who disagrees with an evaluation may provide a formal written response that will be attached to the evaluation, or may request an appeal.
To request an appeal, the employee shall forward a written memorandum within three days to the City Manager or the authorized designee. The memorandum shall identify the specific basis for the appeal and include any relevant information for the reviewer to consider.
All appeal processes will bein accordance to MOU or as articulated above. 601.8 CHAIN OF REVIEW
The signed performance evaluation and any employee attachment should be forwarded to the City Manager or the authorized designee. The City Manager or the authorized designee shall review the evaluation for fairness, impartiality, uniformity, and consistency, and shall consider any written response or appeal made by the employee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Performance Evaluations
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Performance Evaluations - 94 The City Manager or the authorized designee should evaluate the supervisor on the quality of ratings given.
601.9 RETENTION AND DISTRIBUTION
The original performance evaluation and any original correspondence related to an appeal shall be maintained in accordance with the Personnel Records Policy.
A copy of the evaluation and any documentation of a related appeal shall be provided to the employee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
602
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Discriminatory Harassment - 95 Discriminatory Harassment
602.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent city employees from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 602.2 POLICY
The City is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The City will not tolerate discrimination against an employee in hiring, promotion, discharge, compensation, fringe benefits, and other privileges of employment. The City will take preventive and corrective action to address any behavior that violates this policy or the rights and privileges it is designed to protect.
The nondiscrimination policies of the City may be more comprehensive than state or federal law.
Conduct that violates this policy may not violate state or federal law but still could subject an employee to discipline.
602.3 DEFINITIONS
Definitions related to this policy include:
602.3.1 DISCRIMINATION
The City prohibits all forms of discrimination, including any employment-related action by an employee that adversely affects an applicant or employee and is based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment.
Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or city equipment and/or systems to transmit or receive offensive material, statements, or pictures.
Such conduct is contrary to city policy and to a work environment that is free of discrimination. 602.3.2 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination,
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Discriminatory Harassment - 96 participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated.
602.3.3 SEXUAL HARASSMENT
The City prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or an employee because of that person’s sex.
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly as a term or condition of employment, position, or compensation.
(b) Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the employee.
(c) Such conduct has the purpose or effect of substantially interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment. 602.3.4 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles, or standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission and any related state agency guidelines.
(b) Bona fide requests or demands by a supervisor that an employee improve work quality or output, that the employee report to the job site on time, that the employee comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and employee.
602.4 RESPONSIBILITIES
This policy applies to all city employees, who shall follow the intent of these guidelines in a manner that reflects city policy, professional standards, and the best interest of the City and its mission.
Employees are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any employee who is not comfortable with reporting violations of this policy to an immediate supervisor may make the report to a higherranking supervisor or manager. Complaints may also be filed with the City Manager.
Any employee who believes, in good faith, that the employee has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or retaliation, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy.
Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with a resolution as stated below.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Discriminatory Harassment - 97 602.4.1 QUESTIONS OR CLARIFICATION
Employees with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, or the City Manager for further information, direction, or clarification.
602.4.2 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers shall include but are not limited to:
(a) Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment, or retaliation. (c) Ensuring that their subordinates understand their responsibilities under this policy. (d) Ensuring that employees who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon all available facts.
(f) Notifying the City Manager in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day.
602.4.3 SUPERVISOR'S ROLE
Supervisors and managers shall be aware of the following:
(a) Behavior of supervisors and managers should represent the values of the City and professional standards.
(b) False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent employees.
Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining assignments, evaluating or counseling employees, or issuing discipline in a manner that is consistent with established procedures.
602.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved employee should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. All complaints of discrimination, retaliation, or harassment should be fully documented and promptly and thoroughly investigated. 602.5.1 SUPERVISORY RESOLUTION
Employees who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Discriminatory Harassment - 98 or inappropriate. However, if the employee feels uncomfortable or threatened or has difficulty expressing the employee’s concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 602.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation by a third party will be conducted.
The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any employees involved. No influence will be used to suppress any complaint and no employee will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for offering testimony or evidence in any investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include but is not limited to details of the specific incident, frequency and dates of occurrences, and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs.
Employees who believe they have been discriminated against, harassed, or retaliated against because of their protected status are encouraged to file a complaint with their immediate supervisor but may also file a complaint directly with the City Manager. 602.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any employee from seeking legal redress outside the City. Employees who believe that they have been harassed, discriminated, or retaliated against are entitled to bring complaints of employment discrimination to federal, state, and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 602.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on the appropriate forms and in a manner designated by the City Manager. The outcome of all reports shall be:
(a) Approved by the City Manager.
(b) Maintained in accordance with the established records retention schedule. 602.6.1 NOTIFICATION OF DISPOSITION
The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 602.7 TRAINING
All new employees shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new employee. The employee shall certify by signing the prescribed
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Discriminatory Harassment - 99 form that the employee has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the employee’s term with the City.
All employees shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents, and agree that they will continue to abide by its provisions.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
603
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Grievances - 100 Grievances
603.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the city grievance system. The grievance system is intended to facilitate communication and to promptly and equitably address employee grievances in the workplace. Any agreement between the City and a recognized bargaining unit shall take precedence over this policy wherever a conflict exists. 603.1.1 GRIEVANCE DEFINED
A grievance is a difference of opinion or dispute regarding the meaning, interpretation, or application of any of the following:
• Current employment agreements
• This Policy Manual
• Rules and regulations governing personnel practices or working conditions • Workplace issues that do not amount to misconduct such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety, or well-being of members Specifically outside the category of grievances are complaints related to allegations of discrimination or harassment subject to the Discriminatory Harassment Policy. Also outside the category of grievances are personnel complaints regarding any allegation of misconduct or improper job performance against any city employee that, if true, would constitute a violation of city policy or federal, state, or local law.
603.2 POLICY
It is the policy of the City to provide a just and equitable system for the prompt handling of employee grievances without discrimination, coercion, restraint, or retaliation against any employee who submits or is otherwise involved in a grievance.
603.3 PROCESS
Grievances may be brought by an individual employee or by an employee group representative.
Employees may have representation during the grievance process.
Except as otherwise required under current employment agreements, if an employee wishes to initiate a grievance as defined above, that employee shall:
(a) Attempt to resolve the issue through informal discussion with the employee’s immediate supervisor.
(b) If after a reasonable amount of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee may request an interview with the head of the department.
(c) If a successful resolution is not found with the head of the department, the employee may request a meeting with the City Manager.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Grievances
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Grievances - 101 (d) If the employee and the City Manager are unable to arrive at a mutual solution, the employee shall proceed as follows:
1. Submit a written statement of the grievance to the City Manager and provide a copy to the employee’s immediate supervisor.
2. Include the following information in the written statement:
(a) The basis for the grievance.
(b) The allegation of any specific wrongful act and the harm done. (c) The specific policies, rules, or regulations at issue. (d) The remedy or goal being sought by the grievance.
(e) The supervisor shall provide the employee with a signed acknowledgment of the grievance that shall include the date and time of receipt. (f) The City Manager should review the grievance and respond to the employee within 14 calendar days.
1. The response will be in writing, and will affirm or deny the allegations.
2. The response shall include any remedies, if appropriate.
3. The decision of the City Manager is considered final. 603.4 GRIEVANCE RECORDS
At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to the City Manager or the authorized designee for inclusion in a secure file for all written grievances.
603.5 POLICY OR TRAINING IMPLICATIONS
If an employee who participates in the grievance review process identifies any issue that may warrant an immediate revision to this Policy Manual, a procedural change, or an immediate training need, the employee should promptly notify the City Manager in the memorandum. 603.6 GRIEVANCE AUDITS
The City Manager should designate an employee to perform an annual audit of all grievances filed the previous calendar year to evaluate whether any change in policy, procedure, or training may be appropriate to avoid future grievances. The evaluation should be documented in a confidential memorandum to the City Manager without including any identifying information about any individual grievance.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
604
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Anti-Retaliation - 102 Anti-Retaliation
604.1 PURPOSE AND SCOPE
This policy prohibits retaliation against employees who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety, or well-being of employees.
This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause.
These guidelines are intended to supplement and not limit employees’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of an employee pursuant to any applicable federal law, provision of the U.S. Constitution, state and local law, ordinance, or current employment agreement.
604.2 POLICY
The City has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation employees who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 604.3 RETALIATION PROHIBITED
No employee may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory, or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged wrongdoing.
• Shunning or unreasonably avoiding a person because the person has engaged in protected activity.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Anti-Retaliation
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Anti-Retaliation - 103 604.4 COMPLAINTS OF RETALIATION
Any employee who feels retaliated against in violation of this policy should promptly report the matter to any supervisor, or the City Manager or the authorized designee.
Employees shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Employees shall not report or state an intention to report information or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of the information, or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting employee is known, thereby allowing investigators to obtain additional information from the reporting employee.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting employee’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the employee are part of the investigative process.
604.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring complaints of retaliation are investigated. (b) Receiving all complaints in a fair and impartial manner. (c) Documenting the complaint and any steps taken to resolve the problem. (d) Acknowledging receipt of the complaint, notifying the City Manager or the authorized designee, and explaining to the employee how the complaint will be handled. (e) Taking appropriate and reasonable steps to mitigate any further violations of this policy.
(f) Monitoring the work environment to ensure that any employee making a complaint is not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h) Not interfering with or denying the right of an employee to make any complaint. (i) Taking reasonable steps to accommodate requests for assignment or schedule changes made by an employee who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. 604.6 COMPLAINT PROCESS
The City Manager should communicate to all supervisors the prohibition against retaliation.
Supervisors shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Anti-Retaliation
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Anti-Retaliation - 104 (a) Communicating to all employees the prohibition against retaliation. (b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant. 604.7 WHISTLE-BLOWING
Employees who believe they have been the subject of retaliation for engaging in protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the City Manager or the authorized designee for investigation. 604.8 RECORDS RETENTION AND RELEASE
The City Clerk shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules.
604.9 TRAINING
This policy should be reviewed with each new employee.
All employees should receive periodic refresher training on the requirements of this policy.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
605
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Drug-and Alcohol- Free Workplace - 105 Drug-and Alcohol- Free Workplace
605.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace (41 USC § 8103).
605.2 POLICY
It is the policy of the City to provide a drug- and alcohol-free workplace for all employees. 605.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on city time can endanger the health and safety of city employees and the public.
Employees who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for work. Affected employees shall notify an appropriate supervisor as soon as they are aware of an inability to report to work. If the employee is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the employee is adversely affected while at work, the employee shall be immediately removed and released from work (see the Work Restrictions section in this policy). 605.3.1 USE OF MEDICATIONS
Employees should not use any medications that will impair their ability to safely and completely perform their work. Any employee who is medically required or has a need to take any such medication shall report that need to an immediate supervisor prior to commencing any work. 605.3.2 CANNABIS
Possession, use, or being under the influence of cannabis during work hours is prohibited and may lead to disciplinary action.
605.4 EMPLOYEE RESPONSIBILITIES
Employees shall report for work in an appropriate mental and physical condition. Employees are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using controlled substances or alcohol on city premises or on city time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition.
Employees shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow employee is impaired during work hours due to drug or alcohol use.
Employees are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Drug-and Alcohol- Free Workplace
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Drug-and Alcohol- Free Workplace - 106 605.5 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the City Manager or the authorized designee, their insurance providers, or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems.
605.6 WORK RESTRICTIONS
If an employee informs a supervisor of having consumed any alcohol, drug, or medication that could interfere with a safe and efficient job performance, the employee may be required to obtain clearance from a physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that an employee is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the employee from continuing work and shall ensure that the employee is safely transported away from the workplace. 605.7 SCREENING TESTS
A supervisor may require an employee to submit to a screening under any of the following circumstances:
(a) The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing the employee’s ability to perform work safely and efficiently.
(b) The employee uses property owned or approved by the City in a manner that results in injury, death, or substantial property damage.
(c) The employee drives a motor vehicle in the performance of the employee’s work and becomes involved in an incident that results in bodily injury, death, or substantial damage to property.
605.7.1 SUPERVISOR RESPONSIBILITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision to require the test, and shall inform the employee in writing of the following:
(a) The test will be given to detect either alcohol or drugs, or both. (b) The result of the test is not admissible in any criminal proceeding against the employee.
(c) The employee may refuse the test, but refusal may result in dismissal or other disciplinary action.
605.7.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee (a) Fails or refuses to submit to a screening test.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Drug-and Alcohol- Free Workplace
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Drug-and Alcohol- Free Workplace - 107 (b) After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, of having taken the controlled substance as directed, pursuant to a current and lawful prescription issued in the employee’s name.
605.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT
No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving an employee, the City will take appropriate disciplinary action, up to and including dismissal, and/or requiring the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104).
605.9 CONFIDENTIALITY
The City recognizes the confidentiality and privacy due to its employees. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the employee involved or pursuant to lawful process.
The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained in the employee’s confidential medical file in accordance with the Personnel Records Policy.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
606
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Communicable Diseases - 108 Communicable Diseases
606.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of employees contracting and/or spreading communicable diseases.
606.1.1 DEFINITIONS
Definitions related to this policy include:
Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, or tissue, or by breathing or coughing. These diseases commonly include but are not limited to hepatitis B virus (HBV), HIV, and tuberculosis.
Exposure - When an eye, the mouth, a mucous membrane, or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing, or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to an employee’s position with the City. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 606.2 POLICY
The City is committed to providing a safe work environment for its employees. Employees should be aware that they are ultimately responsible for their own health and safety. 606.3 EXPOSURE CONTROL OFFICER
The City Manager should assign a person as the Exposure Control Officer (ECO) in the Human Resources Manager. The ECO is responsible for the development of an exposure control plan that includes:
(a) Exposure prevention and decontamination procedures. (b) Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure.
(c) The provision that city employees will have no-cost access to personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) that is appropriate for each employee's position and risk of exposure. (d) Identification of exposure risks and reasonable efforts to reduce additional exposure. (e) Compliance with all relevant laws or regulations related to communicable diseases which may include the following:
1. Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136)
2. Bloodborne pathogen precautions, including exposure determination, if required (29 CFR 1910.1030)
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Communicable Diseases
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Communicable Diseases - 109 The ECO should also act as the liaison with the state occupational health and safety authority and may request voluntary compliance inspections. The ECO should periodically review and update the exposure control plan and review implementation of the plan. 606.4 EXPOSURE PREVENTION AND MITIGATION
606.4.1 GENERAL PRECAUTIONS
All employees are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes but is not limited to (29 CFR 1910.1030:
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks, or other specialized equipment in the work area or city vehicles, as applicable. (b) Wearing city-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin can be reasonably anticipated.
(c) Washing hands immediately or as soon as feasible after removal of gloves or other PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease.
(e) Using an appropriate barrier device when providing CPR. (f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease.
(g) Decontaminating non-disposable equipment (e.g., clothing, shoes, work equipment) as soon as possible if the equipment is a potential source of exposure.
1. Clothing that has been contaminated by blood or other potentially infectious materials should be removed immediately or as soon as feasible and stored/ decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j) Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored.
The details and documentation on the Covid 19 Prevention Plan, See attachment: Covid Prevention Plan.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Communicable Diseases
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Communicable Diseases - 110 606.4.2 IMMUNIZATIONS
Employees who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (29 CFR 1910.1030).
606.5 POST EXPOSURE
606.5.1 INITIAL POST-EXPOSURE STEPS
Employees who experience an exposure or suspected exposure shall (29 CFR 1910.1030):
(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practical.
606.5.2 REPORTING REQUIREMENTS
Supervisors should investigate every exposure or suspected exposure that occurs as soon as possible following the incident. Supervisors should document the following information (29 CFR 1910.1030):
(a) Identification of the employee exposed
(b) Date and time of incident
(c) Location of incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused
(g) PPE in use at the time of the incident
(h) Actions taken post-event (e.g., clean-up, notifications) Supervisors should advise their employees that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited.
Supervisors should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Work-Related Illness and Injury Reporting and Illness and Injury Prevention policies).
606.5.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT City employees have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary.
The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information (29 CFR 1910.1030):
(a) Whether the employee has been informed of the results of the evaluation.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Communicable Diseases
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Communicable Diseases - 111 (b) Whether the employee has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation or treatment.
No other information should be requested or accepted by the ECO. 606.5.4 COUNSELING
The City should provide the employee, and the employee’s family if necessary, the opportunity for counseling and consultation regarding the exposure.
606.5.5 SOURCE TESTING
Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed employee or when it is otherwise appropriate.
Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed employee’s supervisor to ensure testing is sought.
Source testing may be achieved by:
(a) Obtaining consent from the individual.
(b) Requesting assistance from local health authorities to obtain testing. (c) Acquiring a court order in accordance with state law.
Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing.
The ECO should seek the consent of the individual for testing and consult the City Manager to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if the individual refuses.
606.6 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and not be disclosed to anyone without the employee’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well (29 CFR 1910.1030). 606.7 TRAINING
Training regarding communicable diseases should be provided to employees commensurate with the requirements of their position. The training (29 CFR 1910.1030):
(a) Should be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b) Should be provided whenever the employee is assigned new tasks or procedures affecting potential exposure to communicable disease.
(c) Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure, and what steps should be taken if a suspected exposure occurs.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
607
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Smoking and Tobacco Use - 112 Smoking and Tobacco Use
607.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by employees and others during work hours (does not apply to employee meal or rest periods) or while in city facilities or vehicles.
For the purpose of this policy, smoking and tobacco use includes but is not limited to any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches, and chewing tobacco, as well as any device that is intended to simulate smoking, such as an electronic cigarette or personal vaporizer.
607.2 POLICY
All forms of smoking and tobacco use are prohibited by employees and visitors in all city facilities, buildings, and vehicles, and as is further outlined in this policy. 607.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by employees are prohibited any time employees are in public view representing the City.
It is the responsibility of employees to ensure that no person under their supervision or control smokes or uses any tobacco product inside city facilities and vehicles.
No employee shall smoke or vape near any entrance, window, or other location where other persons may be subject to breathing smoke or vapor.
607.4 POSTING
Signs or other notices should be posted at appropriate locations to notify employees and the public where smoking and tobacco use is prohibited.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
608
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Meal Periods and Breaks - 113 Meal Periods and Breaks
608.1 PURPOSE AND SCOPE
This policy provides general guidance regarding meal periods and breaks for employees.
Any agreement between the City and a recognized bargaining unit shall take precedence over this policy wherever a conflict exists.
608.2 POLICY
It is the policy of the City to provide meal periods and breaks to employees in accordance with the law and any employment agreements.
608.3 MEAL PERIODS
Employees shall take meal periods at times approved by their supervisors. The time spent for meal periods shall not exceed the authorized time allowed.
A thirty (30) minute non-compensated meal period will be provided to all full-time, non-exempt employees who work at least an 8 hour work day.
For all 9/80 schedule employees, a thirty (30) minute non-compensated meal period will be provided to all full-time employees for all nine (9) hour days on Monday - Thursdays. A one (1) hour non-compensated meal period will be provided to all full-time employees for all eight (8) hour days on the Fridays worked.
Emergency response employees shall remain on-duty subject to call during meal periods. All other employees are not on-duty during meal periods unless directed otherwise by a supervisor. 608.4 BREAKS
Breaks should be taken near the midpoint of each four-hour work period. Only one break should be taken during each four hours of work. No breaks should be taken during the first or last hour of an employee's shift unless approved by a supervisor.
A fifteen (15) minute compensated rest period will be provided to all non-exempt employees for each four(4) hour period of service. The rest period shall be taken at a time that will not interfere with serving the public. Rest periods may not be combined to shorten the work day or extend the meal period unless previously approved by direct supervisor in advance.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
609
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Lactation Breaks - 114 Lactation Breaks
609.1 PURPOSE AND SCOPE
The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee’s infant child.
609.2 POLICY
It is the policy of the City to provide, in compliance with the Fair Labor Standards Act (FLSA), reasonable break time and appropriate facilities to accommodate any nonexempt employee desiring to express breast milk for a nursing child for up to one year after the child’s birth (29 USC § 207).
609.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any fourhour work period or major portion of a four-hour work period would be considered reasonable.
However, individual circumstances may require more or less time.
Employees desiring to take a lactation break shall notify a supervisor prior to taking such a break.
The code to keep the lactation break discreet, it is to be referred to as code 10-19L. Such breaks may be reasonably delayed if they would seriously disrupt city operations.
Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
609.4 PRIVATE LOCATION
The City will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private in accordance with the accompanying procedure.
Such room or place should be in proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from coworkers and the public (29 USC § 207).
Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance.
Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Lactation Breaks
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Lactation Breaks - 115 609.5 STORAGE OF EXPRESSED MILK
Any employee storing expressed milk in any authorized refrigerated area shall clearly label it as such and shall remove it when the employee’s workday ends.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
610
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Payroll Records - 116 Payroll Records
610.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of city employees who are eligible for the payment of wages.
610.2 POLICY
The City maintains timely and accurate payroll records. 610.3 RESPONSIBILITIES
Employees are responsible for the accurate completion and timely submission of their payroll records for the payment of wages.
Supervisors are responsible for approving the payroll records of employees under their supervision.
610.4 TIME REQUIREMENTS
Employees who are eligible for the payment of wages are paid on a scheduled, periodic basis, generally on the same day or date each period, with certain exceptions, such as holidays. Payroll records shall be completed and submitted as established by the city payroll procedures. 610.5 RECORDS
The City shall maintain accurate and timely payroll records as required by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
611
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Overtime Compensation - 117 Overtime Compensation
611.1 PURPOSE AND SCOPE
This policy establishes guidelines and procedures regarding overtime for employees, in conformance with the Fair Labor Standards Act (FLSA) (29 USC § 201 et seq.). Any agreement between the City and any recognized bargaining unit shall take precedence over this policy wherever a conflict exists.
611.2 POLICY
The City will compensate nonexempt employees who work authorized overtime either by payment of wages or by the accrual of compensatory time (29 CFR 553.22). Employees who are salary exempt from FLSA are not compensated for overtime worked. 611.3 COMPENSATION
Payment of wages to nonexempt employees for overtime, or accrual of compensatory time in lieu of compensation for overtime worked, shall be at the rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required (29 USC § 207(o)(1)).
Short periods of overtime worked at the end of the normal workday (e.g., less than one hour in duration) may be handled informally by an agreement between the supervisor and the employee.
In such cases, the supervisor shall document the overtime worked and schedule a subsequent adjustment of work time within the same work period that the overtime was worked, rather than submit a request for overtime compensation (29 USC § 207(o)).
Exempt employees may be eligible for administrative leave, which may be granted at the discretion of the exempt employee’s immediate supervisor.
611.4 REQUESTS FOR OVERTIME COMPENSATION
611.4.1 EMPLOYEE RESPONSIBILITIES
Generally, no employee is authorized to work overtime without the prior approval of a supervisor. If circumstances do not permit prior approval, approval shall be sought as soon as practicable during the overtime shift and in no case later than the end of the shift in which the overtime is worked.
Nonexempt employees shall:
(a) Obtain supervisory approval, verbal or written.
(b) Record the actual time worked in an overtime status using the city-approved form or method. Informal notations on reports, logs, or other forms not approved for overtime recording are not acceptable.
(c) Submit the request for overtime compensation pursuant to city payroll procedures. 611.4.2 SUPERVISOR RESPONSIBILITIES
Supervisors shall:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Overtime Compensation
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Overtime Compensation - 118 (a) Prior to authorizing an employee to work overtime, evaluate the need for the overtime.
1. Supervisors should not authorize any request to work overtime if the overtime would not be an appropriate use of city resources.
(b) Upon receipt of a request for overtime compensation, confirm that the overtime was authorized and then verify the actual time worked.
1. Supervisors identifying any unauthorized overtime or discrepancy shall initiate an internal investigation.
(c) After verifying and approving the overtime amount, promptly forward the request for compensation to the employee’s department director for final approval.
1. After the head of the department has authorized compensation, the request shall be submitted to the City Manager or the authorized designee as soon as practicable.
Supervisors may not authorize or approve their own overtime. 611.5 VARIATION IN TIME REPORTED
When two or more employees are assigned to the same activity and the amount of time for which overtime compensation is requested varies among the employees, the City Manager, authorized designee, or other approving supervisor may require each employee to include the reason for the variation on the overtime compensation request.
611.6 REQUESTING USE OF COMPENSATORY TIME
Employees who have accrued compensatory time shall be allowed to use that time for time off within a reasonable period after making a request, if the request does not unduly disrupt city operations (29 USC § 207(o)). Requests to use compensatory time will be submitted to the employee’s supervisor at least 24 hours in advance of its intended use. Supervisors may make exceptions in unusual or extraordinary circumstances.
Supervisors shall not unreasonably deny employee requests to use compensatory time (29 CFR 553.25).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
612
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Work-Related Illness and Injury Reporting - 119
Work-Related Illness and Injury Reporting
612.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding timely reporting of work-related conditions such as a physical injury or an occupational illness. 612.1.1 DEFINITIONS
Definitions related to this policy include:
Work-related condition - Any significant medical or mental condition suspected to have been caused by an employee’s service to the City. Any condition that would reasonably require some form of treatment should be considered significant.
612.2 POLICY
The City will address work-related conditions and will comply with applicable state workers’ compensation requirements.
612.3 RESPONSIBILITIES
612.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall report work-related conditions as soon as practicable, but within 24 hours, to a supervisor, and seek medical care when appropriate in accordance with the accompanying procedure.
612.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any work-related condition should:
(a) Ensure the employee receives medical care as appropriate. (b) Determine whether the Illness and Injury Prevention Policy applies and take additional action as required.
(c) Draft preliminary report of incident, complete DWC-1 form and 5020 forms. (d) Review the report for accuracy and determine whether the work-related condition is required to be reported to the state or workers' compensation entity and whether any additional action should be taken.
(e) Notify Human Resources Department and provide the report and necessary forms as soon as practicable (must not exceed 24 hours)
(f) Forward the report to the City Manager or the authorized designee to be maintained in the employee's confidential medical file
612.4 OTHER ILLNESS OR INJURY
Work-related conditions that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the City Manager or the authorized designee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Work-Related Illness and Injury Reporting
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Work-Related Illness and Injury Reporting - 120
Unless the injury is extremely minor, the affected employee shall sign the form indicating no desire for medical treatment. Signing the form does not preclude the employee’s ability to later seek medical attention.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
613
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Temporary Modified- Duty Assignments - 121 Temporary Modified- Duty Assignments
613.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, city rules, or applicable employment agreements. For example, nothing in this policy affects the obligation of the City to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 613.2 POLICY
Subject to operational and business considerations, the City may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the City with a productive employee during the temporary period. 613.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or state law shall be treated equally, without regard to any preference for a work-related injury.
No position should be created or maintained as a temporary modified-duty assignment.
Temporary modified-duty assignments are a management prerogative and not an employee right.
The availability of temporary modified-duty assignments will be determined on a case-by-case basis, consistent with the operational and business needs of the City. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational and business needs and the employee’s ability to perform in a modified-duty assignment.
The City Manager or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, operating a city vehicle, or engaging in outside employment.
Temporary modified-duty assignments should generally not exceed a cumulative total of 1,040 hours in any one-year period.
Employees who refuse a temporary modified-duty assignment offer are permitted to use available approved leave, if eligible.
613.4 PROCESS
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.
Employees seeking a temporary modified-duty assignment should submit a written request to their immediate supervisors or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Temporary Modified- Duty Assignments
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Temporary Modified- Duty Assignments - 122 (a) An assessment of the nature and probable duration of the illness or injury. (b) The prognosis for recovery.
(c) The nature and scope of limitations and/or work restrictions. (d) A statement regarding any required workplace accommodations, mobility aids, or medical devices.
(e) A statement that the employee can safely perform the duties of the temporary modified-duty assignment.
Supervisors will make a recommendation to the City Manager or the authorized designee regarding temporary modified-duty assignments that may be available based on the needs of the City and the limitations of the employee.
Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the supervisor, with notice to the City Manager or the authorized designee. 613.5 ACCOUNTABILITY
Written notification of assignments, work schedules, and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate city operations and the employee’s medical appointments, as mutually agreed upon by the employee and the employee’s supervisor. 613.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty include but are not limited to:
(a) Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c) Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty.
(d) Submitting a written status report to the City Manager or the authorized designee that contains a status update and anticipated date of return to full duty when a temporary modified-duty assignment extends beyond 60 days.
613.5.2 SUPERVISOR RESPONSIBILITIES
The employee’s immediate supervisor should monitor and manage the work schedule of those assigned to temporary modified duty.
The responsibilities of supervisors include but are not limited to:
(a) Periodically apprising the City Manager or the authorized designee of the status and performance of employees assigned to temporary modified duty.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Temporary Modified- Duty Assignments
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Temporary Modified- Duty Assignments - 123 (b) Notifying the City Manager or the authorized designee and ensuring that the required documentation facilitating the employee’s return to full duty is received from the employee.
(c) Ensuring that employees returning to full duty have completed any required training and certification.
613.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations.
The City may require a fitness-for-duty examination prior to returning an employee to full-duty status.
613.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment.
Nothing in this policy limits a pregnant employee’s right to a temporary modified-duty assignment if required under state law.
613.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the city’s personnel rules and regulations regarding family and medical care leave.
613.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified-duty assignment may have their probation extended by a period of time equal to their assignment to temporary modified duty. 613.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training, and qualifications appropriate to both their regular and temporary duties, provided that the certification, training, or qualifications are not in conflict with any medical limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training, or qualifications.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
614
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Speech, Expression, and Social Networking - 124
Speech, Expression, and Social Networking
614.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with the use of social networking sites, and provides guidelines for the regulation and balancing of employee speech and expression with the needs of the City.
This policy applies to all forms of communication, including but not limited to film, video, print media, public or private speech, and use of all internet services, including the web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or expression that is protected under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of an employee group, about matters of public concern, such as misconduct or corruption.
Employees are encouraged to consult with Human Resources regarding any questions arising from the application or potential application of this policy. 614.2 POLICY
Employees of public entities occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of the City. Due to the nature of the work and influence associated with local government employees, it is necessary that city personnel be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the City will carefully balance the individual employee’s rights against the needs and interests of the City when exercising a reasonable degree of control over its employees’ speech and expression.
614.3 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT
Employees should demonstrate sound judgment in speech, expression, and conduct that relates to or affects the City. In order to meet the safety, performance, and public-trust needs of the City, the following are prohibited unless the speech is otherwise protected (e.g., an employee is speaking as a private citizen, including acting as an authorized member of an employee group, on a matter of public concern):
(a) Speech or expression that is disruptive to the work environment, undermines authority, and is destructive to close working relationships.
(b) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation, or professionalism of the City or its employees.
(c) Knowingly or recklessly false speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the City and tends to compromise
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Speech, Expression, and Social Networking
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Speech, Expression, and Social Networking - 125
or damage the mission, function, reputation, or professionalism of the City or its employees. Examples may include:
1. Making a false accusation of wrongdoing without exercising reasonable caution to verify the truth of the matter.
2. Intentionally misrepresenting on social media actions taken by the City that would damage the city’s reputation.
(d) Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of city employees. Use or disclosure, through whatever means, of any information, photograph, video, or other recording obtained or accessible as a result of employment or appointment with the City for financial or personal gain, or any disclosure of such materials without the express authorization of the City Manager or the authorized designee.
(e) Posting, transmitting, or disseminating any photographs, video or audio recordings, likenesses or images of city logos, emblems, uniforms, badges, patches, marked vehicles, equipment, or other material that specifically identifies the City on any personal or social networking or other website or web page, without the express authorization of the City Manager or the authorized designee.
Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website).
614.3.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or as authorized members of employee groups, employees may not represent the City or identify themselves in any way that could be reasonably perceived as representing the City in order to do any of the following, unless specifically authorized by the City Manager or the authorized designee:
(a) Endorse, support, oppose, or contradict any political campaign or initiative. (b) Endorse, support, oppose, or contradict any social issue, cause, or religion. (c) Endorse, support, or oppose any product, service, company, or other commercial entity.
(d) Appear in any commercial, social, or nonprofit publication; in any motion picture, film, video, or public broadcast; or on any website.
Additionally, when it can reasonably be construed that an employee, acting in an individual capacity or through an outside group or organization, including as an authorized member of an employee group, is affiliated with this city, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the City.
Employees retain their rights to vote as they choose, to support candidates of their choice, and to express their opinions as private citizens, including as authorized members of employee groups on political subjects and candidates at all times during non-work hours. However, employees may not use their official authority or influence to interfere with or affect the result of elections or
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Speech, Expression, and Social Networking
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Speech, Expression, and Social Networking - 126
nominations for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command, or advise another employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes (5 USC § 1502). 614.4 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published or maintained through file-sharing software or any internet site (e.g., Facebook, Twitter, LinkedIn) that is accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).
However, the City may not require an employee to disclose a personal username or password or to open a personal social website, except when legally permitted and relevant to the investigation of allegations of work-related misconduct.
614.5 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the City Manager or the authorized designee should consider include:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering public services.
(b) Whether the speech or conduct would be contrary to the good order of the City or the efficiency or morale of its employees.
(c) Whether the speech or conduct would reflect unfavorably upon the City. (d) Whether the speech or conduct would negatively affect the appearance of impartiality in the performance of the employee’s duties.
(e) Whether similar speech or conduct has been previously authorized. (f) Whether the speech or conduct may be protected and outweighs any interest of the City.
614.6 TRAINING
Subject to available resources, the City should provide training regarding the limitations on speech, expression, and use of social networking to all employees.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
615
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Illness and Injury Prevention - 127 Illness and Injury Prevention
615.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for employees of the City.
This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, each department within the City may set its own related policies or procedures that do not conflict with this policy.
Additional guidance and requirements are available in the Illness and Injury Prevention Program (IIPP).
615.2 POLICY
The City is committed to providing a safe environment for its employees and to minimizing the incidence of work-related illness and injuries. The City should establish and maintain an illness and injury prevention plan and provide tools, training, and safeguards designed to reduce the potential for accidents, injuries, and illness. It is the intent of the City to comply with all laws and regulations related to occupational safety.
615.3 ILLNESS AND INJURY PREVENTION PLAN
The City Manager or the authorized designee is responsible for developing an illness and injury prevention plan that should include:
(a) Workplace safety and health training programs.
(b) Review of city workplace safety policies and procedures of each department. (c) Regularly scheduled safety meetings.
(d) Posted or distributed safety information.
(e) A system for employees to anonymously inform management about workplace hazards.
(f) Establishment of a safety and health committee that will:
1. Meet regularly.
2. Include representation from each department.
3. Prepare a written record of safety and health committee meetings.
4. Review the results of periodic scheduled inspections.
5. Review investigations of accidents and exposures.
6. Make suggestions to supervisors for the prevention of future incidents.
7. Review investigations of alleged hazardous conditions.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Illness and Injury Prevention - 128
8. Submit recommendations to assist in the evaluation of employee safety suggestions.
9. Assess the effectiveness of efforts made by the City to meet applicable standards.
(g) Establishing a process to ensure illnesses and injuries are reported as required under state law.
615.4 MANAGER/ADMINISTRATOR RESPONSIBILITIES
Safety program management for the City is the responsibility of the Human Resources Manager or the authorized designee include but are not limited to:
(a) Managing and implementing a plan to reduce the incidence of employee illness and injury.
(b) Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and employees. This system shall include:
1. New employee orientation that includes a discussion of safety and health policies and procedures.
2. Regular employee review of the illness and injury prevention plan. (c) Ensuring that all safety and health policies and procedures are clearly communicated and understood by all employees.
(d) Taking reasonable steps to ensure that all employees comply with safety rules in order to maintain a safe work environment. This includes but is not limited to:
1. Informing employees of the illness and injury prevention guidelines.
2. Recognizing employees who perform safe work practices.
3. Ensuring that the employee evaluation process includes employee safety performance.
4. Ensuring compliance with any applicable safety standards related to:
(a) Communicable diseases
(b) Personal Protective Equipment (PPE) (see the Personal Protective Equipment Policy)
(c) Emergency Action Plan
(d) Walking-working surfaces
(e) Making available a form to document inspections, unsafe conditions or unsafe work practices, and actions taken to correct unsafe conditions and work practices. (f) Making available a form to document individual incidents or accidents. (g) Making available a form to document the safety and health training of each employee.
This form will include the employee's name or other identifier, training dates, type of training, and training providers.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Illness and Injury Prevention - 129 (h) Conducting and documenting a regular review of the illness and injury prevention plan. 615.5 SUPERVISOR RESPONSIBILITIES
Supervisor responsibilities include but are not limited to:
(a) Ensuring employee compliance with illness and injury prevention guidelines and answering questions from employees about this policy.
(b) Training, counseling, instructing, or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate.
(c) Establishing and maintaining communication with employees on health and safety issues. This is essential for an injury-free, productive workplace. (d) Completing required forms and reports relating to illness and injury prevention and submitting such forms and reports to the Human Resources Manager. (e) Notifying the Human Resources Manager or the authorized designee when:
1. New substances, processes, procedures, or equipment that present potential new hazards are introduced into the work environment.
2. New, previously unidentified hazards are recognized.
3. Work-related illnesses and injuries occur.
4. New and/or permanent or intermittent employees are hired or reassigned to processes, operations, or tasks for which a hazard evaluation has not been previously conducted.
5. Workplace conditions warrant an inspection.
615.6 HAZARDS
All employees should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices, or procedures in a timely manner in accordance with the IIPP and by use of the attached form . Employees should make their reports to a supervisor (as a general rule, their own supervisors).
Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering employees or property, supervisors should protect or remove all exposed employees from the area or item, except those necessary to correct the existing condition.
Employees who are necessary to correct the hazardous condition shall be provided with the necessary protection.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Illness and Injury Prevention - 130 All significant actions taken and dates they are completed shall be documented on the appropriate form. This form should be forwarded to the Human Resources Manager or the authorized designee.
The Human Resources Manager or the authorized designee will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 615.7 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections should be conducted in accordance with the IIPP to identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment.
The Human Resources Manager or the authorized designee should ensure that the appropriate documentation is completed for each inspection.
615.7.1 EQUIPMENT
Employees are charged with daily inspections of their assigned equipment or work environment, as applicable, prior to beginning their workday. Employees should complete the appropriate form if an unsafe condition cannot be immediately corrected. Employees should forward this form to their supervisors.
615.8 INVESTIGATIONS
Any employee sustaining any work-related illness or injury, as well as any employee who is involved in any work-related accident or hazardous substance exposure, shall report such event as soon as practicable to a supervisor. Employees observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors.
A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted in accordance with the IIPP . Investigative procedures for workplace accidents and hazardous substance exposures should include:
(a) A visit to the accident scene as soon as possible.
(b) An interview of the injured employee and witnesses. (c) An examination of the workplace for factors associated with the accident/exposure. (d) Determination of the cause of the accident/exposure. (e) Corrective action to prevent the accident/exposure from reoccurring. (f) Documentation of the findings and corrective actions taken.
Additionally, the supervisor should proceed with the steps to report a work-related injury, as required under the Work-Related Illness and Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Illness and Injury Prevention - 131 615.9 TRAINING
Employees, including supervisors, should be provided with training on general and job-specific workplace safety and health practices in accordance with the IIPP . Training should be provided:
(a) To supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed. (b) To all employees with respect to hazards specific to each employee's job assignment. (c) To all employees given new job assignments for which training has not previously been provided.
(d) Whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard.
(e) Whenever the City is made aware of a new or previously unrecognized hazard. 615.9.1 TRAINING TOPICS
Training topics should include, as applicable:
(a) Reporting unsafe conditions, work practices, and injuries, and informing a supervisor when additional instruction is needed.
(b) Use of appropriate clothing, including gloves and footwear. (c) Use of respiratory equipment.
(d) Availability of toilet, hand-washing, and drinking-water facilities. (e) Provisions for medical services and first aid.
(f) Handling of bloodborne pathogens and other biological hazards. (g) Prevention of heat and cold stress.
(h) Identification and handling of hazardous materials, including chemical hazards to which employees could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i) Mitigation of physical hazards.
(j) Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods.
(k) Back exercises/stretches and proper lifting techniques. (l) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
(n) Other job-specific safety concerns.
615.10 RECORDS
Records and training documentation relating to illness and injury prevention will be maintained in accordance with the IIPP .
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
616
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Workplace Violence - 132 Workplace Violence
616.1 PURPOSE AND SCOPE
The purpose of this policy is to make clear that the City does not tolerate any direct or implied threats of violence or violent behavior in the workplace or any act or behavior that is or can be perceived as threatening, hostile, and/or violent.
616.2 POLICY
It is the policy of the City to provide and maintain a safe work environment for its employees, volunteers, and members of the public.
In responding to any violent behavior in the workplace, the City is committed to providing protection to all involved parties, including protection from future physical and/or mental harm and the protection of the legal rights of victims, witnesses, and those instigating the harm. 616.3 PROHIBITED BEHAVIOR
No employee shall engage in, encourage, or promote violent behavior toward any person while conducting city business or on city property.
No employee engaged in city business shall carry or possess weapons or explosives unless either:
(a) Permitted by city policy.
(b) State or local law prohibits the City from restricting the possession of the weapon or explosive.
616.4 REPORTING AND INVESTIGATING
616.4.1 EMPLOYEE RESPONSIBILITY
Employees who experience, observe, or have knowledge of prohibited behaviors and actions in the workplace have a responsibility to report the situation as soon as practicable to a supervisor, a manager, or a human resources representative and to the local police department, if a threat has been made or a crime has occurred.
616.4.2 SUPERVISOR AND MANAGER/ADMINISTRATOR RESPONSIBILITIES Upon receipt of a report of potential or actual workplace violence, supervisors shall gather as much information as possible to assess and determine the severity and potential of the situation.
If the report is found to be credible, the City Manager or the authorized designee shall be notified as soon as practicable and appropriate action taken.
Local law enforcement personnel shall be notified immediately of all threatening or violent behavior.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Workplace Violence - 133 616.4.3 INVESTIGATION
The City Manager or the authorized designee will promptly, impartially, and with as much confidentiality as practicable coordinate the investigation of all reports of violent behavior.
City employees are required to cooperate in any investigation. A timely resolution of each report should be reached and communicated to all parties involved as quickly as possible. 616.4.4 REPORTING NON-WORK-RELATED THREATENING OR VIOLENT BEHAVIOR City employees who are victims of domestic violence or other threatening behavior outside of the workplace, or who believe they are potential victims of such behavior and fear it may enter the workplace, are encouraged to report the situation as soon as possible to their supervisors.
Supervisors receiving any such report shall contact the City Manager or the authorized designee as soon as practicable so that any appropriate safety measures or plans may be developed. 616.5 RETALIATION PROHIBITED
Any form of retaliation against an employee for making a report concerning violent behavior in the workplace is prohibited.
Any employee who becomes aware of any retaliation or threatened retaliation shall immediately notify a supervisor.
616.6 RESTRAINING ORDERS
Employees who obtain a restraining order listing their workplace, person, or the City property as a protected area must provide a copy of the restraining order to their immediate supervisor or the City Manager or the authorized designee. The City needs this information in order to provide a safe workplace.
616.7 FOLLOW-UP ACTION
Any employee reported to have exhibited violent or potentially violent behavior will be afforded all rights provided by law and applicable employment agreements before the City takes any disciplinary action.
Actions that may be taken when an employee has been found to have violated this policy include but are not limited to the following:
• Mandatory participation in counseling
• Placing the employee on paid administrative leave pending investigation into an alleged threat or act
• Corrective/disciplinary action up to and including termination • Criminal arrest and prosecution
• Special procedures, such as job relocation or initiation of a court order
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Workplace Violence - 134 If, upon investigation, it is determined that an allegation is false or was made maliciously, the employee who provided the false information will be subject to disciplinary action, up to and including termination, as well as possible criminal arrest and prosecution. 616.8 LEGAL ACTION
The City Manager or the authorized designee, in consultation with legal counsel, will determine if a temporary restraining order or injunction should be sought on behalf of the City to reduce future or threatened violent behavior in the workplace.
616.9 CORRECTIVE ACTIONS
At the completion of the investigation and a review of the incident, or in the case of a threat of violence, non-disciplinary corrective actions should be implemented or requested to ensure overall workplace safety. These actions may include but are not limited to:
• Placing the involved employee on administrative leave pending further review and determination of permanent action.
• Administrative leave would be unpaid in the case of a volunteer. • Reassigning the employee to a different work location. • Referring the employee to conflict resolution training sessions. • Referring the employee to the employee assistance program (EAP). • Modifying workstation designs and office traffic flow patterns. • Requiring the employee to attend a fitness-for-duty evaluation. • Developing specific workplace violence procedures for incident response, prevention, and corrective actions.
616.10 WORKPLACE VIOLENCE PREVENTION
All city employees are responsible for assisting in the prevention of violence in the workplace.
The City will provide appropriate training to employees regarding workplace violence.
In the event a violent incident occurs in the workplace, the City Manager or the authorized designee is responsible for ensuring that all responsibilities have been met and actions carried out, as detailed in this policy, and shall review the results of any investigation and ensure appropriate action is taken. Information gathered during an investigation should be used for the continuous improvement of policies and procedures to prevent workplace violence.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
618
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Appearance Standards - 135 Personal Appearance Standards
618.1 PURPOSE AND SCOPE
This policy provides guidelines for the personal appearance of city employees.
Dress code requirements for uniformed and non-uniformed employees are addressed in the Dress Code Policy.
618.2 POLICY
City employees shall maintain their personal hygiene and appearance to project a professional image that is appropriate for public service and for the department in which they work. Personal appearance standards are primarily based on safety requirements, appearance conformity, and the social norms of the community served, while considering matters important to city employees. 618.3 GROOMING
The following appearance standards shall apply to all employees unless the employee’s supervisor has granted an exception.
618.3.1 PERSONAL HYGIENE
All employees must maintain proper personal hygiene. Examples of improper personal hygiene include but are not limited to dirty fingernails, bad breath, body odor, and dirty or unkempt hair.
Employees should adhere to the following general guidelines in their personal appearance when presenting to work. Employees may be subject to additional personal hygiene standards set forth in supplemental policies established by each department. (a) Hair shall be neatly trimmed or arranged.
(b) Facial hair (e.g., beards, sideburns, mustaches, eyebrows) must be clean and wellgroomed. Facial hair for certain employees may be prohibited if it creates a safety hazard (i.e., facial hair for employees who regularly wear certain types of respirators). (c)
618.4 APPEARANCE
618.4.1 JEWELRY
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches, and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety concern for the employee or others. Jewelry that depicts racial, sexual, discriminatory, gangrelated, or obscene language is not allowed. 618.4.2 TATTOOS
During work hours and while representing the City in any official capacity, employees shall conceal offensive tattoos and other body art. Examples of offensive tattoos include but are not limited to those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Personal Appearance Standards
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Personal Appearance Standards - 136 group affiliation; and those that depict or promote drug use, sexually explicit acts, or other obscene material.
618.4.3 BODY PIERCING OR ALTERATION
Body piercing (other than earlobes) or alteration to any area of the body that is visible while representing the City in any official capacity, that is a deviation from normal anatomical features, and that is not medically required, is allowed as long as it does not detract from a professional appearance.
618.4.4 DENTAL ORNAMENTATION
Dental ornamentation that is for decorative purposes and that is not medically required is allowed as long as it does not detract from a professional appearance. 618.5 EXEMPTIONS
City employees may request exemptions from portions of this policy when application would affect a disability, a religious practice or belief, or other protected characteristics. Requests for exemptions should be addressed to the City Manager or the authorized designee. The City Manager should be advised any time a request for accommodation is denied.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
619
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Dress Code - 137 Dress Code
619.1 PURPOSE AND SCOPE
This policy provides dress code guidelines for city employees.
Other related topics are addressed in the Local Government-Owned and Personal Property and Personal Appearance Standards policies.
619.2 POLICY
It is the policy of the City that uniformed employees are readily identifiable to the public through the proper use and wearing of city uniforms and that the appearance of all employees is suitable and appropriate for their position.
619.3 WORK ATTIRE FOR NON-UNIFORMED EMPLOYEES
Non-uniformed employees shall dress in a manner appropriate for their position and any department-specific standards. The following guidelines apply to all non-uniformed employees:
(a) Clothing shall fit properly, be clean and free of stains, and not be damaged or excessively worn.
(b) Employees assigned primarily to an office environment, including management, administrative, and support positions, shall wear business-appropriate attire. (c) Variations from this policy are allowed at the discretion of the employee's immediate supervisor or the head of the department based upon the employee's assigned job duties.
(d) No item of civilian attire that would adversely affect the reputation of the City or employee morale may be worn during work hours.
(e) The following items shall not be worn during work hours or when representing the City in any official capacity:
1. Clothing that is revealing in nature
2. T-shirt alone or exposed undergarments
3. Sweatshirts, sweatpants, or similar exercise clothing
4. Denim pants free of holes, rips, and tears
5. Shorts
6. Clothing, buttons, or pins displaying racial, sexual, discriminatory, gang-related, or obscene language
619.4 UNIFORMS
The City will provide uniforms for all employees who are required to wear them in the manner, quantity, and frequency agreed upon in the respective employee group’s employment agreement,
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Dress Code
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Dress Code - 138 if applicable. The City may provide other employees with uniforms at the direction of the City Manager.
The City Manager or the authorized designee shall maintain and update uniform and equipment specifications, which should be consulted by employees as needed. Uniforms shall be worn as described therein and as specified in this policy and any supplemental department policies.
The following shall apply to those employees assigned to wear city-issued uniforms:
(a) Uniforms and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed, as necessary for the position.
(b) Uniforms shall be worn in compliance with any applicable city specifications. (c) Uniforms are only to be worn during work hours, at official city functions or events, while in transit to or from work, or when authorized by the City Manager or the authorized designee.
(d) Employees are not to purchase or drink alcoholic beverages while wearing any part of city-issued uniforms.
(e) Supervisors shall monitor employee compliance with this policy through periodic inspections of employees within their department who wear a city-issued uniform.
All uniforms and equipment issued to city employees shall be returned to the City upon termination or resignation.
619.5 UNAUTHORIZED UNIFORMS, EQUIPMENT, AND ACCESSORIES City employees may not wear any uniform item, accessory, or attachment unless specifically authorized by the City Manager or the authorized designee.
Employees may not use or carry any safety item, tool, or other piece of equipment unless specifically authorized by the City Manager or the authorized designee.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
620
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 139 Family and Medical Leave
620.1 PURPOSE AND SCOPE
The purpose of this policy is to provide general guidance for managing unpaid leave for eligible employees for qualified medical and family reasons, including (29 USC § 2612):
• The birth, adoption, or foster care placement of a child. • To care for an immediate family member (spouse, child, or parent) with a serious health condition.
• When an employee is unable to work because of the employee's own serious health condition.
• To care for a spouse, son, daughter, parent, or next of kin who is a service member of the United States Armed Forces and who has a serious injury or illness incurred in the line of duty.
This policy does not address all possible situations and circumstances that may arise when an employee requests leave for family or medical reasons. As these leave situations arise, supervisors should consult with the City Manager or authorized designee to obtain specific guidance regarding leave rights and obligations.
Nothing in this policy supersedes any provision of any employment agreement, civil service or other local rule, or any law that provides greater family or medical leave rights. 620.1.1 DEFINITIONS
Definitions related to this policy include:
Child - A child under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability (29 USC § 2611; 29 CFR 825.102; 29 CFR 825.122).
An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster child; stepchild; or a child for whom the employee is standing in loco parentis (in place of a parent).
FMLA - The federal Family and Medical Leave Act (29 USC § 2601 et seq.).
Qualified health care professional - A physician, surgeon, doctor of osteopathy, podiatrist, dentist, psychologist, optometrist, nurse practitioner, nurse midwife, clinical social worker, or physician assistant duly licensed and authorized to practice medicine; chiropractors for some purposes; any health care provider from whom the city benefits plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits (29 CFR 825.125).
Spouse - The person with whom an employee has entered into a marriage defined or recognized by the location in which the marriage was entered into (29 USC § 2611(13); 29 CFR 825.102; 29 CFR 825.122).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 140 620.2 POLICY
It is the policy of the City to manage unpaid leave for eligible employees for qualified medical and family reasons in compliance with federal law and any applicable employment agreement. 620.3 ELIGIBLE EMPLOYEES
Employees are eligible for FMLA after working for the City for at least one year and completing 1,250 hours over the 12 months prior to the commencement of the leave (29 USC § 2611; 29 CFR 825.110). Employees may not be eligible for leave if there are fewer than 50 other employees within 75 miles of the employee’s work site.
620.4 TYPE AND DURATION OF LEAVE
Generally, eligible employees are entitled under FMLA to 12 workweeks of unpaid leave during a 12-month period (29 USC § 2612; 29 CFR 825.100). Up to 26 weeks of unpaid leave during a single 12-month period may be available to care for certain injured military service members.
The 12-month period is measured backward from the date leave is taken and continuously with each additional leave day taken.
620.4.1 SERIOUS HEALTH CONDITIONS
Eligible employees may take up to 12 weeks of leave to care for a spouse, child, or parent with a serious health condition or when the employee is unable to work because of the employee's own serious health condition (29 USC § 2612(a)(1); 29 CFR 825.200).
If both spouses are employed by the City, the combined number of workweeks to care for a sick parent is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.201).
Generally, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves (29 USC § 2611; 29 CFR 825.113):
• An overnight stay in a hospital, hospice, or residential medical care facility (29 CFR 825.114).
• Continuing treatment by a qualified health care professional due to a serious health condition of more than three full consecutive calendar days (29 CFR 825.115(a)). • Any period of incapacity due to pregnancy complications or prenatal care (29 CFR 825.115(b)).
• A chronic condition that requires treatment (29 CFR 825.115(c)). • A permanent condition for which treatment may not be effective (such as Alzheimer’s or the terminal stages of a disease) (29 CFR 825.115(d)). • Any period of absence to receive multiple treatments, including any recovery period, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days without medical intervention or treatment (such as cancer chemotherapy or physical therapy for arthritis) (29 CFR 825.115(e)).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 141 620.4.2 BIRTH OR PLACEMENT OF A CHILD
Eligible employees may take up to 12 weeks of leave for the birth, adoption, or foster care placement of a child of the employee (29 USC § 2612; 29 CFR 825.200). The leave must be concluded within one year of the birth or placement of the child (29 CFR 825.120; 29 CFR 825.121).
If both parents are employed by the City, the combined number of workweeks of leave is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.120; 29 CFR 825.121). 620.4.3 MILITARY EXIGENCY LEAVE
Eligible employees may take service member leave of up to 12 weeks for qualifying exigencies occurring because a spouse, child, or parent is on covered active duty or has been notified of an impending order to active duty (29 USC § 2612(a)(1)(E); 29 CFR 825.200). This type of leave is available to a family member of a person in the National Guard, Reserves, or members of the regular Armed Forces deployed to a foreign country. Qualifying exigencies include (29 CFR 825.126):
• Addressing issues that arise from a short notice (seven or less days) deployment. • Attending military events related to the active duty or call to duty. • Attending family support or assistance programs.
• Making child care or educational arrangements or attending school activities arising from active duty or a call to active duty.
• Making financial and legal arrangements.
• Spending time with a military member who is on short-term rest-and-recuperation leave during a period of deployment.
• Attending post-deployment activities.
• Addressing issues that arise from the death of a military member, such as making funeral arrangements.
• Caring for a military member's parent who is incapable of self-care, such as providing care on an immediate-need basis or arranging for alternative care. 620.4.4 MILITARY CAREGIVER LEAVE
Eligible employees may take up to 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform work (29 USC § 2612; 29 CFR 825.200).
Military caregiver leave is also available to family members of covered veterans who were members of the Armed Forces, including the National Guard or Reserves, at any point in the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy (29 USC § 2612; 29 CFR 825.127).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 142 During the single 12-month period, employees are entitled to no more than a combined total of 26 weeks of FMLA leave. In any case in which both spouses are employed by the City, the combined number of workweeks of leave is limited to 26 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.127).
Service member FMLA leave runs concurrent with other leave entitlements provided under federal, state, and local law. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.
620.4.5 INTERMITTENT LEAVE
An employee may take leave for the employee’s own serious health condition, for the serious health condition of the employee’s spouse, child, or parent, or to care for a covered service member with a serious injury or illness, intermittently or on a reduced schedule if medically necessary, and if that medical need can best be accommodated by an intermittent schedule as defined in federal law (29 USC § 2612(b); 29 CFR 825.202; 29 CFR 825.124).
Leave due to a military exigency may be taken on an intermittent or reduced leave schedule (29 CFR 825.202).
Intermittent leave for the birth, adoption, or foster care placement of a child is only available if granted at the discretion of the City Manager, unless the employee has a serious health condition in connection with the birth or if the newborn child has a serious health condition (29 CFR 825.120; 29 CFR 825.121).
Intermittent leave for any employee shall be tracked and calculated. 620.4.6 PREGNANCY DISABILITY LEAVE
Pregnant employees who are disabled by pregnancy may be entitled to a disability leave in addition to any FMLA leave. The duration of leave is dependent on the circumstances. The City Manager shall defer to a pregnant employee’s qualified health care professional in assessing the employee's ability to work.
620.5 EMPLOYMENT BENEFITS WHILE ON LEAVE
While on leave, employees will continue to be covered by any group health insurance to the same extent that coverage is provided while the employee is on the job (29 USC § 2614(c); 29 CFR 825.209).
Employees are responsible for any health plan employee contributions while on leave (29 CFR 825.210). Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after the leave entitlement has been exhausted or expires, the City may recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or the employee's family member that would entitle
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 143 the employee to leave, or because of circumstances beyond the employee's control (29 CFR 825.213). The City may recover premiums through deduction from any sums (e.g., unpaid wages, vacation pay).
Employees may not earn additional time off while on unpaid leave. 620.6 SUBSTITUTION OF PAID ACCRUED LEAVES
Subject to applicable employment agreements and civil service rules, employees are required to exhaust all applicable paid accrued leave before taking unpaid leave. Paid accrued leave includes vacation leave, sick leave, personal leave, and compensatory time earned in lieu of overtime, pursuant to the Fair Labor Standards Act, during FMLA leave. Employees may not use paid accrued leave to extend FMLA leave beyond 12 workweeks per year. 620.7 USE OF FMLA LEAVE
If an employee takes a leave of absence for any reason that is FMLA qualifying, the City may designate that non-FMLA leave as running concurrently with the employee’s 12-week FMLA leave entitlement.
620.8 PROCEDURES
The following procedures will apply for all employees requesting leave under FMLA:
(a) When a leave is requested for a medical or other FMLA-related treatment appointment, the employee must make a reasonable effort to schedule the appointment at a time that minimizes disruption to city operations (29 USC § 2612; 29 CFR 825.302). (b) An employee who wishes to take FMLA leave must provide the employee's supervisor with 30 days' advanced notice when the leave is foreseeable or as soon as practicable if the need for leave is not foreseeable (29 USC § 2612; 29 CFR 825.302; 29 CFR 825.303).
(c) At the time of the request, the employee must complete an FMLA request form.
Requests for medical leave shall be accompanied by a qualified health care professional statement, including the date on which the serious health condition began and the estimated date of return to work (29 USC § 2613; 29 CFR 825.302).
Once the leave is requested or designated by the City, the supervisor should forward the request and any medical certifications to the City Manager or the authorized designee and ensure the employee is provided the necessary forms and FMLA information and required notices within five business days (29 CFR 825.300).
Employees are required to provide medical certification of a qualified health care professional or military documentation, if requested (29 CFR 825.305; 29 CFR 825.308; 29 CFR 825.309; 29 CFR 825.310).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 144 Employees shall be required to periodically report on their status and intent to return to work (29 USC § 2614; 29 CFR 825.311). This may assist in avoiding a delay in reinstatement when the employee is ready to return to work.
Employees returning from a medical leave for the employee's own serious health condition will be required to present medical verification from a qualified health care professional of the employee’s ability to return to work and a list of any restrictions that need to be accommodated (29 USC § 2614; 29 CFR 825.100; 29 CFR 825.312).
620.9 REINSTATEMENT FOLLOWING LEAVE
Generally, employees returning from FMLA leave within the qualified period will be restored to their original job or to an equivalent job with equivalent pay and benefits (but not seniority), unless the employee would not otherwise have been employed at the time reinstatement is requested (e.g., in the case of a layoff) (29 USC § 2614; 29 CFR 825.214; 29 CFR 825.216).
If the same position is no longer available, such as in a layoff, the employee will be entitled to a position that is comparable in pay, job content, and promotional opportunities and geographic location, if such a comparable position exists.
If upon return from leave an employee is unable to perform the essential functions of the job because of a physical or mental disability, the supervisor should work with the City Manager or the authorized designee to engage in an interactive process with the employee to identify a potential reasonable accommodation.
After exhausting paid FMLA leave, non-paid leave will continue until the conclusion of the protected 12- or 26-week time limit. Following the protected leave, the City Manager or the authorized designee in consultation with the legal counsel will determine whether non-FMLA leave should apply.
620.10 RESPONSIBILITY
The responsibilities of the City Manager or the authorized designee include but are not limited to (29 CFR 825.108; 29 CFR 825.110; 29 CFR 825.112; 29 CFR 825.300; 29 CFR 825.301):
(a) Attempting to determine whether an employee absence of four or more days may qualify as FMLA leave.
(b) Determining if an employee is eligible for FMLA leave. (c) Determining if leave is for an FMLA-qualifying reason. (d) Granting or denying a request for FMLA leave and providing designation notice to the employee within five business days of designation.
(e) Providing eligibility notice to the employee within five business days of the request for FMLA leave or when acquiring knowledge that an employee's leave may be for FMLA.
1. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Family and Medical Leave - 145 (f) Providing a written rights and responsibilities notice each time the eligibility notice is provided to an employee.
The City Manager or the authorized designee should work with legal counsel regarding questions relating to leave or reinstatement from leave under this policy. 620.11 RECORDS
The City will maintain leave-related records as required by 29 CFR 825.500 for at least three years and in compliance with the city's established records retention schedule.
Records and documents related to doctor certifications and other medical information created for purposes of complying with FMLA and this policy shall be maintained as confidential medical records in separate files from employee personnel files. 620.12 NOTICE TO EMPLOYEES
The City Manager or the authorized designee should ensure that a notice explaining the FMLA's provisions and procedures is prominently posted in conspicuous places in the City where it can be readily seen by all employees and applicants for employment. Electronic posting is sufficient as long as the other posting requirements have been met as provided by 29 CFR 825.300 (29 CFR 825.300).
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Policy
621
City of Arvin
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Sick Leave - 146 Sick Leave
621.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. Any agreement between the City and any recognized bargaining unit shall take precedence over this policy wherever a conflict exists.
Employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as addressed in the Family and Medical Leave Policy. 621.2 POLICY
It is the policy of the city to provide eligible employees with a sick leave benefit. 621.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury or illness.
Qualified appointments should be scheduled during an employee's non-working hours when it is reasonable to do so.
621.3.1 NOTIFICATION
All employees should notify the appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than one hour before the start of their scheduled shifts.
If, due to an emergency, an employee is unable to contact the supervisor, every effort should be made to have a representative for the employee contact the supervisor.
When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the employee shall, whenever possible and practicable, provide the City with no less than 10 days' notice of impending absence.
Upon return to work, employees are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken. 621.4 EXTENDED ABSENCE
Employees absent from work for more than three consecutive days may be required to furnish a statement from a health care provider or verification supporting the need to be absent and/or the ability to return to work. Employees on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin
Policy Manual
Sick Leave
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Sick Leave - 147 Nothing in this section precludes a supervisor from requiring, with cause, a health care provider's statement for an absence of three or fewer days.
621.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Monitoring and regularly reviewing the attendance of employees to ensure that the use of sick leave and absences is consistent with this policy. (b) Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the City Manager as appropriate. (c) Addressing absences and sick leave use in the employee's performance evaluation when excessive or unusual use has:
1. Negatively affected the employee's performance or ability to complete assigned tasks.
2. Negatively affected city operations.
(d) When appropriate, counseling employees regarding excessive absences and/or inappropriate use of sick leave.
(e) Referring eligible employees to an available employee assistance program when appropriate.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Attachments - 148 Attachments
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** IIPP June 2022.pdf - 149 IIPP June 2022.pdf
IIPP June 2022.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 01159.0004/301887.1
City of Arvin
Injury and Illness Prevention Program
June 2022
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 1 Table of Contents
Policy ......................................................................................................................................... 2 Responsibility and Authority....................................................................................................... 2 Compliance................................................................................................................................ 3 Communication.......................................................................................................................... 3 Hazard Assessment................................................................................................................... 4 Hazard Correction...................................................................................................................... 4 Accident/Incident Investigations ................................................................................................. 5 Training and Instruction.............................................................................................................. 6 Record Keeping ......................................................................................................................... 6 Attachment A - Department IIPP Supplements
o City Hall Administration IIPP Supplement
o Police Department IIPP Supplement
o Public Works IIPP Supplement
o Transit IIPP Supplement
o Buildings IIPP Supplement
Attachment B - Hazardous/Unsafe Condition Report
Attachment C – Hazard Correction Report
Attachment D- Supervisor’s Report of Employee Injury
Attachment E- Safety Training Attendance Record
Attachment F– New Employee Safety Training Record
Attachment G– Employee Safety Training Matrix
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 2 Policy
We have established this written Injury and Illness Prevention Program (IIPP) in accordance with Title 8, California Code of Regulations, Section 3203, of the General Industry Safety Orders. All employees are required to comply with our safety and health policies and practices. This includes employees at every level and in all positions.
This IIPP includes the following elements:
• Responsibility and Authority
• Compliance
• Communication
• Hazard Assessment
• Accident Investigation
• Hazard Correction
• Training and Instruction
• Record Keeping
Responsibility and Authority
The City of Arvin Human Resources Manager and/or his/her designee shall serve as the Safety Manager and is the designated IIPP Administrator with the authority and responsibility for implementing and maintaining this IIPP.
Supervisors and managers play a key role in the implementation of the department’s IIPP. They are responsible for implementing and maintaining the IIPP in their work areas and for answering employee questions about the IIPP. Supervisors are responsible for:
• Communicating to all City of Arvin staff the emphasis on health and safety. • Ensuring periodic, documented inspection of workspaces under their authority. • Promptly correcting identified hazards.
• Modeling and enforcing safe and healthful work practices. • Providing appropriate safety training and personal protective equipment. • Implementing measures to eliminate or control workplace hazards. • Stopping any employee’s work that poses an imminent hazard to either the employee or any other individual.
• Encouraging employees to report health and safety issues to the Safety Manager or their supervisors without fear of reprisal.
Employees are responsible for understanding and following the requirements of the IIPP and for asking questions when direction is unclear. This includes, but is not limited to:
• Observing health and safety-related signs, posters, warning signals and directions. • Reviewing the building emergency plan and assembly area. • Learning about the potential hazards of assigned tasks and work areas. • Taking part in appropriate health and safety training. • Following all safe operating procedures and precautions.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 3 • Using proper personal protective equipment.
• Warning coworkers about defective equipment and other hazards. • Reporting unsafe conditions immediately to a supervisor and stopping work if an imminent hazard is presented.
• Participating in workplace safety inspections.
The department IIPP supplements attached to this Program as Attachment A provide departmentspecific information and additional direction. A copy of our IIPP is available from each manager and supervisor. Employees, or a designated representative, will be provided access to the IIPP in a reasonable time, place and manner, but no later than five business days of a request to their manager or supervisor. Access will include a printed copy of the IIPP for their department or if the employee agrees, unobstructed access to the document through our intranet website <add location of electronic IIPP documents>.
Compliance
All employees, including managers and supervisors, are responsible for using safe work practices; following all directives, policies, and procedures; and assisting in maintaining a safe work environment.
The system to ensure all employees comply with these practices includes the following:
• Informing employees of the requirements within our IIPP in a readily understandable language by through training.
• Training all employees on general safety policies, rules, and work practices. • Recognizing employees who perform safe and healthful work practices by providing immediate verbal recognition by supervisors, and recognition at tailgate or similar meetings. • Providing additional training to employees whose safety performance is deficient. • Disciplining employees for failure to comply with health and safety work practices pursuant to the City of Arvin’s Personnel Rules and Procedures and governing Memorandum of Understandings between the City of Arvin and employee bargaining units.
The department IIPP supplements attached to this Program as Attachment A, outline departmentspecific compliance requirements.
Communication
All managers and supervisors are responsible for communicating with all employees about occupational safety and health in a form readily understandable by all employees. Our communication system encourages all employees to inform their managers and supervisors about workplace hazards without fear of reprisal. Employees can report workplace hazards anonymously by notifying the Safety Manager, their supervisor, submitting a Hazardous/Unsafe Condition Report (Attachment B) or through the suggestion boxes located in the breakrooms of City Hall, Police Department, Transit, Buildings, and Public Works buildings.
Our communication system includes:
• New employee orientation and training including a discussion of safety and health policies and procedures.
• Review of our IIPP.
• Safety training programs.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 4 • Regularly scheduled safety meetings.
• Posted or distributed safety information.
Additional details are outlined in the department IIPP supplements attached to this Program as Attachment A.
Hazard Assessment
Annual inspections will be conducted to evaluate physical hazards, use of hazardous materials, and safe work practices. The annual inspection schedule and the responsibility for conducting the inspections are included in the department IIPP supplements attached to this Program as Attachment A.
In addition to the department annual inspection schedule, inspections will be conducted as required in the following situations:
• When we initially established our IIPP;
• When new substances, processes, procedures, or equipment that present potential new hazards are introduced into our workplace;
• When new, previously unidentified hazards are recognized through verbal notices to supervisors, and/or notifications through the suggestion located in the breakrooms of City Hall, Police Department, Transit, Buildings, and Public Works buildings; • When occupational injuries and illnesses occur; and
• Whenever workplace conditions warrant an inspection
The Hazardous/Unsafe Condition Report is attached to this IIPP as Attachment B.
Hazard Correction
When unsafe or unhealthy work conditions, practices, or procedures are observed or discovered, they will be corrected in a timely manner based on the severity of the hazards. When an imminent hazard exists that cannot be immediately corrected, the exposed employees will be removed from the immediate hazard except those needed to correct the condition and to address security issues. Employees who are required to correct the hazardous condition will be provided with the necessary protection.
Hazards discovered either as a result of a scheduled periodic inspection or during normal operations must be corrected by the supervisor in control of the work area, or by cooperation between the department in control of the work area and the supervisor of the employees working in that area. Supervisors of affected employees are expected to correct unsafe conditions as quickly as possible after discovery of a hazard, based on the severity of the hazard.
Specific procedures that can be used to correct hazards include, but are not limited to, the following:
• Tagging unsafe equipment “Do Not Use Until Repaired,” and providing a list of alternatives for employees to use until the item is repaired.
• Stopping unsafe work practices and providing retraining on proper procedures before work resumes.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 5 • Reinforcing and explaining the need for proper personal protective equipment and ensuring its availability.
• Barricading areas that have chemical spills or other hazards and reporting the hazardous conditions to a supervisor.
• Supervisors should use the “Hazard Correction Report” to document corrective actions, including projected and actual completion dates.
If an imminent hazard exists, work in the area should cease, and the appropriate supervisor must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to be removed from the area except those qualified and necessary to correct the condition. These qualified individuals will be equipped with necessary safeguards before addressing the situation.
A Hazard Correction Report (Attachment C) should be used in conjunction with the Hazardous/Unsafe Condition Report (Attachment B), as appropriate, to track the correction of identified hazards.
Accident/Incident Investigations
Injury Reporting
Employees who are injured at work must report the injury immediately to their supervisor. If immediate medical treatment beyond first aid is needed, call 911. The injured party will be taken to the appropriate hospital or medical center.
The supervisor of the injured employee must ensure that the “Supervisor’s Report of Employee Injury” attached as Attachment D and proper worker’s compensation forms are completed properly and submitted to Human Resources.
If the injured employee saw a physician, the supervisor must obtain a medical release form before allowing the employee to return to work. The health care provider may stipulate work tasks that must be avoided or work conditions that must be altered before the employee resumes his or her full duties.
Injury Investigation
The employee’s supervisor is responsible for performing an investigation to determine and correct the cause(s) of the incident. Specific procedures that can be used to investigate workplace accidents and hazardous substance exposures include:
• Interviewing injured personnel and witnesses.
• Examining the injured employee’s workstation for causative factors. • Reviewing established procedures to ensure they are adequate and were followed. • Reviewing training records of affected employees.
• Determining all contributing causes to the accident.
• Taking corrective actions to prevent the accident/exposure from reoccurring.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 6 • Recording all findings and actions taken in the Hazardous/Unsafe Condition Report attached to this IIPP as Attachment B.
Procedures for investigating workplace accidents and hazardous substance exposures include:
• Interviewing injured employees and witnesses;
• Examining the workplace for factors associated with the accident/exposure; • Determining the cause of the accident/exposure;
• Taking corrective action to prevent the accident/exposure from reoccurring; and • Recording the findings and actions taken.
Department-specific investigation and reporting procedures are located in the department IIPP supplements attached to this Program as Attachment A.
Training and Instruction
Each supervisor and manager will be trained on all health and safety hazards to which employees under their immediate direction and control are exposed. Each supervisor and manager shall maintain worker training and instruction records and a list of training subject records.
All employees will participate in safety training on general and job-specific hazards and safe work practices. In addition to hazard-specific safety training, training will be provided when:
• The IIPP is first established
• New employees are hired
• Employees are reassigned to a new area or task with no prior training • New substances, operations, or equipment are introduced Department-specific training procedures are located in the department IIPP supplements attached to this Program as Attachment A.
An Employee Safety Training Matrix is attached as Attachment G. A Safety Training Attendance Record is attached as Attachment E and a New Employee Safety Training Record form is attached as Attachment F.
Record Keeping
All the following IIPP documentation is maintained for three years:
• Safety training for each employee, including the employee's name, training dates, type of training, and training providers
• Inspections, including the person(s) conducting the inspection; the unsafe conditions and work practices identified; corrective action, and follow up
• Accidents, illnesses, and near-miss accidents that identify the root cause and corrective action taken
• Annual program reviews
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) ATTACHMENT A – DEPARTMENT IIPP SUPPLEMENTS
City Hall Administration IIPP Supplement
Responsibilities
The department manager and supervisor has the overall authority and responsibility for ensuring the department IIPP supplement is effectively implemented throughout departmental operations.
Supervisors have program oversight for operations under their direct supervision and control.
Compliance
The following department methods are used to reinforce employee compliance with safety work practices and procedures:
• Distribution of department policies and procedures
• Communicating IIPP responsibilities with all employees • Employee training programs
• Recognizing employees who perform safe work practices • Disciplinary process.
Communication
Effective communications with employees have been established using the following methods:
Department safety committee
Staff meetings every __ days
Tailgate meetings every __ days
Specific policies/procedures
Department hazard assessment
Employee safety training
Safety newsletter, handouts
Employee safety recognition
Material safety data sheets
Posters and warning labels
Other
Employees are encouraged to report any potential health and safety hazard that may exist in the workplace. The Hazardous/Unsafe Condition Report form (see Attachment B) is located at in the breakroom of City Hall. Forms should be submitted to a supervisor, manager, Safety Manager or the suggestion box.
Hazard Assessment and Correction
Periodic Workplace Inspections
Inspections are conducted at the following department facilities or workplaces:
Facilities and Workplaces Frequency
City Hall Annually
Department inspection forms are located in the IIPP Safety Records folder.
City Hall Administration IIPP Supplement (Con’t)
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Corrective Action
Supervisors will document corrective actions, including projected and actual completion dates. If an imminent hazard exists, work in the area must cease, and the manager must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to leave the area except those qualified and necessary to correct the condition. The manager or supervisor for the department or the Safety Manager will determine the appropriate action for imminent hazards.
Accident Investigation
Employees will immediately notify their supervisor when an injury or illness occurs on the job.
Supervisors will promptly investigate all accidents, injuries, occupational illnesses, and near-miss incidents to determine the cause of the incident. Appropriate corrective actions will be implemented promptly to mitigate the hazards identified during the investigation.
The Accident Report for Workers’ Compensation and the Supervisor’s Report of Injury form will be completed and a copy retained. The forms can be obtained from the Human Resources Department in City Hall.
Note: Serious occupational injuries and illnesses must be reported to Cal/OSHA within eight hours after they have become known to the supervisor. This includes, but is not limited to, permanent disfigurement or hospitalization. Cal/OSHA notification will be the responsibility of the Human Resources department or the Safety Manager.
Training and Instruction
Health and safety training, covering both general work practices and job-specific hazard training, is the responsibility of the manager and supervisor of the department.
General and department specific safety training requirements are listed in the Training Matrices (Attachment G)
Record Keeping and Documentation
The following documents are located in the IIPP Safety Records folder and will be maintained by the Safety Manager for at least the three years.
▪ Department Hazard Assessment
▪ Employee Hazard Report Forms
▪ Inspection Reports
▪ Accident Investigation Forms
▪ Hazard Correction Reports
▪ Employee Safety Training Requirements and Attendance Records
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Police Department IIPP Supplement
Responsibilities
The Police Chief and Lieutenants has the overall authority and responsibility for ensuring the department IIPP supplement is effectively implemented throughout departmental operations.
Lieutenants have program oversight for operations under their direct supervision and control.
Compliance
The following department methods are used to reinforce employee compliance with safety work practices and procedures:
• Distribution of department policies and procedures
• Communicating IIPP responsibilities with all employees • Employee training programs
• Recognizing employees who perform safe work practices • Disciplinary process.
Communication
Effective communications with employees have been established using the following methods:
Department safety committee
Staff meetings every __ days
Tailgate meetings every __ days
Specific policies/procedures
Department hazard assessment
Employee safety training
Safety newsletter, handouts
Employee safety recognition
Material safety data sheets
Posters and warning labels
Other
Employees are encouraged to report any potential health and safety hazard that may exist in the workplace. The Hazardous/Unsafe Condition Report form (see Attachment B) is located at in the breakroom of the Police Department. Forms should be submitted to the Chief, Lieutenant, supervisor, manager, Safety Manager or the suggestion box.
Hazard Assessment and Correction
Periodic Workplace Inspections
Inspections are conducted at the following department facilities or workplaces:
Facilities and Workplaces Frequency
Police Department Annually
Department inspection forms are located in the IIPP Safety Records folder.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Police Department IIPP Supplement (Con’t)
Corrective Action
Lieutenants will document corrective actions, including projected and actual completion dates. If an imminent hazard exists, work in the area must cease, and the Lieutenant must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to leave the area except those qualified and necessary to correct the condition. The Chief or Lieutenants for the department or the Safety Manager will determine the appropriate action for imminent hazards.
Accident Investigation
Employees will immediately notify their supervisor when an injury or illness occurs on the job.
Supervisors will promptly investigate all accidents, injuries, occupational illnesses, and near-miss incidents to determine the cause of the incident. Appropriate corrective actions will be implemented promptly to mitigate the hazards identified during the investigation.
The Accident Report for Workers’ Compensation and the Supervisor’s Report of Injury form will be completed and a copy retained. The forms can be obtained from the Human Resources Department in City Hall.
Note: Serious occupational injuries and illnesses must be reported to Cal/OSHA within eight hours after they have become known to the supervisor. This includes, but is not limited to, permanent disfigurement or hospitalization. Cal/OSHA notification will be the responsibility of the Human Resources department or the Safety Manager.
Training and Instruction
Health and safety training, covering both general work practices and job-specific hazard training, is the responsibility of the manager and supervisor of the department.
General and department specific safety training requirements are listed in the Training Matrices (Attachment G)
Record Keeping and Documentation
The following documents are located in the IIPP Safety Records folder and will be maintained by the Safety Manager for at least the three years.
▪ Department Hazard Assessment
▪ Employee Hazard Report Forms
▪ Inspection Reports
▪ Accident Investigation Forms
▪ Hazard Correction Reports
▪ Employee Safety Training Requirements and Attendance Records
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Public Works IIPP Supplement
Responsibilities
The department manager has the overall authority and responsibility for ensuring the department IIPP supplement is effectively implemented throughout departmental operations. Supervisors have program oversight for operations under their direct supervision and control.
Compliance
The following department methods are used to reinforce employee compliance with safety work practices and procedures:
• Distribution of department policies and procedures
• Communicating IIPP responsibilities with all employees • Employee training programs
• Recognizing employees who perform safe work practices • Disciplinary process.
Communication
Effective communications with employees have been established using the following methods:
Department safety committee
Staff meetings every __ days
Tailgate meetings every week
Specific policies/procedures
Department hazard assessment
Employee safety training
Safety newsletter, handouts
Employee safety recognition
Safety data sheets
Posters and warning labels
Other
Employees are encouraged to report any potential health and safety hazard that may exist in the workplace. The Hazardous/Unsafe Condition Report form (see Attachment B) is located at in the breakroom of Public Works. Forms should be submitted to a supervisor, manager, Safety Manager or the suggestion box.
Hazard Assessment and Correction
Periodic Workplace Inspections
Inspections are conducted at the following department facilities or workplaces:
Facilities and Workplaces Frequency
Public Works Annually
Department inspection forms are located in the IIPP Safety Records folder.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Public Works IIPP Supplement (Con’t)
Corrective Action
Supervisors will document corrective actions, including projected and actual completion dates. If an imminent hazard exists, work in the area must cease, and the manager must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to leave the area except those qualified and necessary to correct the condition. The manager or supervisor for the department or the Safety Manager will determine the appropriate action for imminent hazards.
Accident Investigation
Employees will immediately notify their supervisor when an injury or illness occurs on the job.
Supervisors will promptly investigate all accidents, injuries, occupational illnesses, and near-miss incidents to determine the cause of the incident. Appropriate corrective actions will be implemented promptly to mitigate the hazards identified during the investigation.
The Accident Report for Workers’ Compensation and the Supervisor’s Report of Injury form will be completed and a copy retained. The forms can be obtained from the Human Resources Department in City Hall.
Note: Serious occupational injuries and illnesses must be reported to Cal/OSHA within eight hours after they have become known to the supervisor. This includes, but is not limited to, permanent disfigurement or hospitalization. Cal/OSHA notification will be the responsibility of the Human Resources department or the Safety Manager.
Training and Instruction
Health and safety training, covering both general work practices and job-specific hazard training, is the responsibility of the manager and supervisor of the department.
General and department specific safety training requirements are listed in the Training Matrices (Attachment G)
Record Keeping and Documentation
The following documents are located in the IIPP Safety Records folder and will be maintained by the Safety Manager for at least the three years.
▪ Department Hazard Assessment
▪ Employee Hazard Report Forms
▪ Inspection Reports
▪ Accident Investigation Forms
▪ Hazard Correction Reports
▪ Employee Safety Training Requirements and Attendance Records
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Transit IIPP Supplement
Responsibilities
The department manager has the overall authority and responsibility for ensuring the department IIPP supplement is effectively implemented throughout departmental operations. Supervisors have program oversight for operations under their direct supervision and control.
Compliance
The following department methods are used to reinforce employee compliance with safety work practices and procedures:
• Distribution of department policies and procedures
• Communicating IIPP responsibilities with all employees • Employee training programs
• Recognizing employees who perform safe work practices • Disciplinary process.
Communication
Effective communications with employees have been established using the following methods:
Department safety committee
Staff meetings every __ days
Tailgate meetings every __ days
Specific policies/procedures
Department hazard assessment
Employee safety training
Safety newsletter, handouts
Employee safety recognition
Material safety data sheets
Posters and warning labels
Other
Employees are encouraged to report any potential health and safety hazard that may exist in the workplace. The Hazardous/Unsafe Condition Report form (see Attachment B) is located at in the breakroom of the Transit office. Forms should be submitted to a supervisor, manager, Safety Manager or the suggestion box.
Hazard Assessment and Correction
Periodic Workplace Inspections
Inspections are conducted at the following department facilities or workplaces:
Facilities and Workplaces Frequency
Transit Annually
Department inspection forms are located in the IIPP Safety Records folder.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Transit IIPP Supplement (Con’t)
Corrective Action
Supervisors will document corrective actions, including projected and actual completion dates. If an imminent hazard exists, work in the area must cease, and the manager must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to leave the area except those qualified and necessary to correct the condition. The manager or supervisor for the department or the Safety Manager will determine the appropriate action for imminent hazards.
Accident Investigation
Employees will immediately notify their supervisor when an injury or illness occurs on the job.
Supervisors will promptly investigate all accidents, injuries, occupational illnesses, and near-miss incidents to determine the cause of the incident. Appropriate corrective actions will be implemented promptly to mitigate the hazards identified during the investigation.
The Accident Report for Workers’ Compensation and the Supervisor’s Report of Injury form will be completed and a copy retained. The forms can be obtained from the Human Resources Department in City Hall.
Note: Serious occupational injuries and illnesses must be reported to Cal/OSHA within eight hours after they have become known to the supervisor. This includes, but is not limited to, permanent disfigurement or hospitalization. Cal/OSHA notification will be the responsibility of the Human Resources department or the Safety Manager.
Training and Instruction
Health and safety training, covering both general work practices and job-specific hazard training, is the responsibility of the manager and supervisor of the department.
General and department specific safety training requirements are listed in the Training Matrices (Attachment G)
Record Keeping and Documentation
The following documents are located in the IIPP Safety Records folder and will be maintained by the Safety Manager for at least the three years.
▪ Department Hazard Assessment
▪ Employee Hazard Report Forms
▪ Inspection Reports
▪ Accident Investigation Forms
▪ Hazard Correction Reports
▪ Employee Safety Training Requirements and Attendance Records
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Buildings IIPP Supplement
Responsibilities
The department manager has the overall authority and responsibility for ensuring the department IIPP supplement is effectively implemented throughout departmental operations. Supervisors have program oversight for operations under their direct supervision and control.
Compliance
The following department methods are used to reinforce employee compliance with safety work practices and procedures:
• Distribution of department policies and procedures
• Communicating IIPP responsibilities with all employees • Employee training programs
• Recognizing employees who perform safe work practices • Disciplinary process.
Communication
Effective communications with employees have been established using the following methods:
Department safety committee
Staff meetings every __ days
Tailgate meetings every __ days
Specific policies/procedures
Department hazard assessment
Employee safety training
Safety newsletter, handouts
Employee safety recognition
Safety data sheets
Posters and warning labels
Other
Employees are encouraged to report any potential health and safety hazard that may exist in the workplace. The Hazardous/Unsafe Condition Report form (see Attachment B) is located at in the breakroom of the Building office. Forms should be submitted to a supervisor, manager, Safety Manager or the suggestion box.
Hazard Assessment and Correction
Periodic Workplace Inspections
Inspections are conducted at the following department facilities or workplaces:
Facilities and Workplaces Frequency
Buildings Annually
Department inspection forms are located in the IIPP Safety Records folder.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Buildings IIPP Supplement (Con’t)
Corrective Action
Supervisors will document corrective actions, including projected and actual completion dates. If an imminent hazard exists, work in the area must cease, and the manager must be contacted immediately. If the hazard cannot be immediately corrected without endangering employees or property, all personnel need to leave the area except those qualified and necessary to correct the condition. The manager or supervisor for the department or the safety manager will determine the appropriate action for imminent hazards.
Accident Investigation
Employees will immediately notify their supervisor when an injury or illness occurs on the job.
Supervisors will promptly investigate all accidents, injuries, occupational illnesses, and near-miss incidents to determine the cause of the incident. Appropriate corrective actions will be implemented promptly to mitigate the hazards identified during the investigation.
The Accident Report for Workers’ Compensation and the Supervisor’s Report of Injury form will be completed and a copy retained. The forms can be obtained from the Human Resources Department in City Hall.
Note: Serious occupational injuries and illnesses must be reported to Cal/OSHA within eight hours after they have become known to the supervisor. This includes, but is not limited to, permanent disfigurement or hospitalization. Cal/OSHA notification will be the responsibility of the Human Resources department or the Safety Manager.
Training and Instruction
Health and safety training, covering both general work practices and job-specific hazard training, is the responsibility of the manager and supervisor of the department.
General and department specific safety training requirements are listed in the Training Matrices (Attachment G)
Record Keeping and Documentation
The following documents are located in the IIPP Safety Records folder and will be maintained by the Safety Manager for at least the three years.
▪ Department Hazard Assessment
▪ Employee Hazard Report Forms
▪ Inspection Reports
▪ Accident Investigation Forms
▪ Hazard Correction Reports
▪ Employee Safety Training Requirements and Attendance Records
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
ATTACHMENT B - HAZARDOUS/UNSAFE CONDITION REPORT
Department:
I. Unsafe or Hazard Condition
Name: (optional) Job:
Title:
Location of Hazard:
Building: Floor: Room:
Date and time the condition or hazard was observed:
Description of unsafe condition or hazard:
What changes would you recommend to correct the condition or hazard? Employee Signature: (optional)
Date:
II. Management Investigation
Name of person investigating unsafe condition or hazard:
Results of investigation (What was found? Was condition unsafe or a hazard?): (Attach additional sheets if necessary.)
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) HAZARDOUS/UNSAFE CONDITION REPORT, PG. 2
Proposed action to be taken to correct hazard or unsafe condition: (Complete and attach a Hazard Correction Report, Attachment C)
Signature of Investigating Party:
Date:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
ATTACHMENT C - HAZARD CORRECTION REPORT
This form should be used in conjunction with the “Report of Unsafe or Hazardous Condition” form, as appropriate, to track the correction of identified hazards.
All hazards should be corrected as soon as possible, based on the severity of the hazard. If a serious imminent hazard cannot be immediately corrected, remove personnel from the area and restrict access until the hazard can be addressed.
Department: ___________________________________________________ Supervisor/Safety Coordinator Name: Telephone Ext.:
___________________________________ ______________________________ Supervisor/Safety Coordinator Signature Date
Description and
Location of Unsafe
Condition
Date
Discovered
Required Action and
Responsible Party
Completion Date
Projected Actual
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
ATTACHMENT D - SUPERVISOR'S REPORT OF EMPLOYEE INJURY
This form is not to be used for reporting workers' compensation claims. It is intended as a guide to aid management in identifying unsafe acts and/or conditions that caused an injury. Place completed form in OSHA File with Employer's First Report of Injury.
1. GENERAL INFORMATION PLEASE PRINT - COMPLETE THIS FORM AS SOON AS POSSIBLE
EMPLOYEE NAME JOB TITLE AM
PM
WITNESS NAME DEPARTMENT JOB TITLE
EXACT LOCATION WHERE INJURY OCCURRED DATE AND TIME OF INJURY
2. DESCRIPTION OF INJURY
TYPE OF INJURY (SPRAIN, CUT, BURN, ETC.) PART(S) OF BODY INJURED
3. DESCRIPTION OF INCIDENT
WHAT HAPPENED?
WHY DID IT HAPPEN?
4. CAUSE OF INJURY FIND OUT WHAT FACTORS CAUSED THE INJURY WHAT UNSAFE ACT(S) CAUSED THE INJURY?
DID AN UNSAFE PHYSICAL CONDITION CONTRIBUTE TO THE INJURY? WHAT, IF ANY, SAFETY PROCEDURES WERE NOT FOLLOWED?
5. PREVENTATIVE / CORRECTIVE ACTION NO INVESTIGATION IS COMPLETE UNLESS CORRECTIVE ACTION IS TAKEN WHAT ACTION CAN BE TAKEN TO PREVENT A SIMILAR INJURY?
HAS ANYTHING BEEN DONE SO FAR TO PREVENT A RECURRENCE?
IS IT POSSIBLE THIS INJURY OCCURRED OFF THE JOB? GIVE DETAILS PERSON CONDUCTING INVESTIGATION DATE CONTACT PHONE #
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Attachment E- SAFETY TRAINING ATTENDANCE RECORD
The training materials such as the curriculum, handouts, agenda, syllabus, power point presentation print out must be attached to this form.
Department:
Topic of Training Session:
Instructor(s): Location: Date: Time: Length:
We are legally required to maintain records regarding our safety training activities. Please assist us by providing the information indicated below to document your attendance. Thank you.
Name (Please Print) Department
Official
Payroll Title Signature
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
ATTACHMENT F- NEW EMPLOYEE SAFETY TRAINING RECORD
This completed form should be retained in the individual's personnel file as evidence of initial training required under the Injury and Illness Prevention Program.
Department:
Instructor/Supervisor:
Employee Name:
Please Print)
o New Hire o Transfer o Other:
Date of Hire / New Assignment:
I, , hereby certify that this employee has
(Instructor) been trained on the following: (Check appropriate boxes.) I. Initial Training on Department’s IIPP, Including: Date:
• My right to ask any question, or report any safety hazards, either directly or anonymously without any fear of reprisal. • The location of departmental safety bulletins and required safety postings (i.e., summary of occupational injuries and illnesses, and Safety and Health Protection Poster).
• Disciplinary procedures that may be used to ensure compliance with safe work practices. • Reporting safety concerns.
• Accessing the department safety committee.
• Reporting occupational injuries and illnesses.
II. Hazard Communication Training Date:
• The potential occupational hazards in the work area associated with my job assignment. • The safe work practices and personal protective equipment required for my job title. • The location and availability of Material Safety Data Sheets (MSDS). • The hazards of any chemicals to which I may be exposed, and my right to the information contained on MSDSs for those chemicals.
III. Building Emergency Plan (BEP) Date:
• Emergency escape routes and procedures and Emergency Assembly Area (EAA) • How to report a fire and other emergencies
• Names or regular job titles of persons to be contacted for further information.
IV. Other:________________________________________ Date:
Employee Signature: Date: _________
Instructor Signature: ___________________________________________ Date: _______________________
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) ATTACHMENT G– EMPLOYEE SAFETY TRAINING MATRIX
1 I – Initial Exposure/New Employee A- annual U- update/change C - certification
CITY OF ARVIN
EMPLOYEE SAFETY TRAINING MATRIX
Training Frequency
1 Cal/OSHA
Section Reference
Office/Administration
Building Department
Transit
Public Works
Police
Injury & Illness Prevention Program I/U 3203 x x x x x
Emergency Response & Fire Safety I/U 3220, 3221 x x x x x Workplace Violence Prevention I 3203 x x x x x
Aerial Devices I/(3yr) 3646, 3648 x
Aerosol Transmissible Diseases I/A 5199
Aerosol Transmissible Diseases - Zoonotics 5199.1
Asbestos Awareness I/A 1529, 5208 x x
Battery Handling & Maintenance I 5185 x
Bloodborne Pathogens I/A 5193 x x
Compressed Gas Safety I 3301, 3304 x
Confined Space Awareness I/U 5157, 5158 x x
Confined Space Entry I/U 5157, 5158 x
Defensive Driving (designated staff) I 3203 x x x x x
Electrical Safety (General Awareness) I/U 3203 x x x x x Electrical Safety (Industrial High/Low Voltage) I 2299 - 2974 x x Emergency Eye Wash I 5162 x
Equipment Operation Safety (dept. specific) I/U Title 8 Index x x x x x Ergonomics - Office I 5110 x x x x
Ergonomics – Back Safety I 5110 x x x x x
Excavation/Trenching/Shoring I 1540 x
Fall Protection I 1670 x x
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
CITY OF
ARVIN
EMPLOYEE SAFETYTRAINING MATRIX
Training Frequency1
Cal/OSHA
Section Reference
Office/Administration
Building Department
Transit
Public Works
Police
First Aid/CPR (designated staff) I/C (2yr) 3400
Forklift I/C (3yr) Article 24
Hazard Communication (General) I/U 5194
xx
Haz Waste/HAZWOPER (designated staff)A 5192
x
Hearing Conservation I/A 5095
x
Heat Illness Prevention A-Spring 3395
xx
Heavy Equipment Operations I/U 1590 - 1596
x
Ladder Safety I 3276
xx
Lead Awareness I/A 5216
xx
Lockout/Tag Out I/U 3314
x
Machine Shop Safety I 3940
x
New Employee Safety Orientation I 3203
xxxxx
Outdoor Hazards (plants, animals, insects)A-Spring 3203 xxx
Personal Protective Equipment Requirements I/U 3380, 3385 xxx
Pesticide Use Safety I/U 5194
x
Respiratory Protection I/A 5144
x
Rigging/Hoisting I 5006
Scaffold Safety I/U 1637
Standard Operating Procedures (dept. specific)A N/A
xxx
Storm Water Pollution I N/A
x
Supervisor Safety Training (designated staff) I/U 3203
xxxxx
Tools – Hand & Power (dept. specific) I/U Article 20
xx
Traffic Control & Flagger Training I 1599
xx
Tree Work I 3421
x
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
CITY OF ARVIN
EMPLOYEE SAFETY TRAINING MATRIX
Training Frequency
1 Cal/OSHA
Section Reference
Office/Administration
Building Department
Transit
Public Works
Police
Welding & Cutting/Fire Watch/Hot Work I 4799, 4848 x
I – Initial Exposure/New Employee A- annual U- update/change C - certification
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** COA Vehicle Inspection Report.pdf - 150 COA Vehicle Inspection Report.pdf
COA Vehicle Inspection Report.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin
***DRAFT*** Identified Hazards and Correction Record.pdf - 151
Identified Hazards and Correction Record.pdf
Identified Hazards and Correction Record.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Date of Inspection:
UNSAFE CONDITION OR
WORK PRACTICE LOCATION PRIORITY PERSON ASSIGNED
CORRECTIVE ACTION
TAKEN (DATE)
IDENTIFIED HAZARDS AND CORRECTION RECORD
Person Conducting Inspection:
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** red tag.pdf - 152 red tag.pdf
red tag.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)
DEFECTIVE EQUIPMENT REPORT
Please Print
Employee Name: ________________________________ Time: __________ am/pm Date:__________ Equipment Name/Number: _______________________________________________________________ Please describe what is wrong with the equipment: ____________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Employee Signature: ______________________________ Supervisor Initials: __________
MUST BE TURNED IN BY THE END OF YOUR SHIFT
CITY OF ARVIN
DEPARTMENT OF PUBLIC WORKS
282 Langford Avenue
Arvin, CA 93203
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** VEHICLE INSPECTION.pdf - 153 VEHICLE INSPECTION.pdf
VEHICLE INSPECTION.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) DATE: DRIVER NAME: TRUCK #:
START MILEAGE: TIME: END MILEAGE: TIME:
PRE-TRIP POST- TRIP PRE-TRIP POST- TRIP
TIRES, WHEELS BACKUP LIGHTS
ENGINE OIL WINDSHIELD WIPERS
SERVICE BRAKES/CONNECTIONS REARVIEW MIRROR
PARKING BRAKE LICENSE PLATE/REGISTRATION
STEERING VEHICLE DAMAGE
HORN FUEL LEVELS (OVER ½ TANK)
INSTRUMENTS/GAUGES 1
ST MOVE FORWARD PARKING
LIGHTS/REFLECTORS LOADS SECURE
EMERGENCY EQUIPMENT 360* WALK AROUND
VEHICLE CONDITION REPORT
ITEM REPAIR NOTES ITEM REPAIR NOTES ITEM REPAIR NOTES ITEM REPAIR NOTES
TIRES/WHEELS BRAKES ENGINE STEERING
FLAT Service Brakes COOLANT LOOSE
LOW AIR Parking Brake FUEL SHIMMY
DAMAGE Pulls to L or R OIL STEER HARD
HUD OIL LEAK Air Leaks OTHER:
(NOISES, SMOKE, ETC.)
PULLS TO L OR R
GAUGES & INSTRUMENTS LIGHTS CAB/CHASSIS OTHER
AIR PRESSURE Headlights Battery Box WINDSHIELD WIPERS
AMP METER Taillights Side Mirrors FUEL LEVELS
TEMPERATURE Turn Signals Heat/Defroster CHAINS/BINDERS
OIL PRESSURE Brake Lights Fire Extinguisher RACHET STRAPS SPEEDOMETER Trailer Lights Seatbelt OTHER
I HAVE PERFORMED THE ABOVE PRE AND POST TRIP INSPECTIONS AND EACH ITEM IS PROPERLY WORKING. IF YOU FIND ANY CONDITION THAT MAKES THIS VEHICLE UNSAFE TO OPERATE, PLEASE RED TAG IMMEDIATELY. DO NOT TAKE ON ROAD TEST. ___________________________________________________________ ____________________________________AM/PM ___________________________________________________________ ____________________________________AM/PM
PRE-TRIP DRIVER (PRINT NAME) DATE TIME POST-TRIP DRIVER (PRINT NAME) DATE TIME COMMENTS: ________________________________________________________________________________________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
MUST TURN IN AS SOON AS POSSIBLE
CITY OF ARVIN
DEPARTMENT OF PUBLIC WORKS
282 Langford Avenue
Arvin, CA 93203
VEHICLE INSPECTION REPORT
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy Attachment City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Covid Prevention Plan.pdf - 154 Covid Prevention Plan.pdf
Covid Prevention Plan.pdf
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of
Arvin
COVID-19 Prevention Program
February 2023
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Table of Contents
Scope ........................................................................................................................................ 1 Authority and Responsibility ....................................................................................................... 1 Identification and Evaluation of COVID-19 Hazards ................................................................... 1 Investigating and Responding to COVID-19 Cases.................................................................... 2 Notice of COVID-19 Cases ........................................................................................................ 3 Face Coverings ...................................................................................................................... 3 Respirators............................................................................................................................. 3 Ventilation .............................................................................................................................. 4 Aerosolizing Procedures......................................................................................................... 4 Reporting and Record Keeping .................................................................................................. 4 Training and Instruction.............................................................................................................. 5 Appendices
A. Identification of COVID-19 Hazards
B. Investigating COVID-19 Cases
C. Potential COVID-19 Exposure Contact Tracing
D. COVID-19 Training Roster
E. Definitions
Additional Considerations
1. COVID-19 Outbreaks
2. COVID-19 Prevention in Employer-Provided Housing
3. COVID-19 Prevention in Employer-Provided Transportation to and from Work
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 1 This COVID-19 Prevention Program (CPP) is designed to control exposures to the SARS-CoV-2 virus that may occur in our workplace.
Date: 02.01.2023
Scope
This policy applies to all employees with the following exceptions:
a. Work locations with one employee who does not have contact with other persons b. Employees working from home
c. Employees with occupational exposure as defined by Cal/OSHA Title 8 Section 5199, when covered by that section
d. Employees teleworking from a location of the employee’s choice that is not under the control of City of Arvin.
City of Arvin will check for the most current information from the California Department of Public Health (CDPH) including guidance documents, Health Orders, and Executive Orders from the Governor’s Office and county and local health departments and follow the most current information. Some provisions of Cal/OSHA’s COVID-19 emergency regulation may be suspended, or more stringent requirements may need to be implemented based on updated guidance and orders from the CDPH and the Governor’s Office through the issuance of updated or new Executive Orders and county or local health department regulations.
Authority and Responsibility
The City Manager has overall authority and responsibility for implementing the provisions of this CPP in our workplace. In addition, all department heads, managers, and supervisors are responsible for implementing and maintaining the CPP in their assigned work areas and for ensuring employees receive answers to questions about the program in a language they understand.
All employees are responsible for using safe work practices; following all directives, policies, and procedures; and assisting in maintaining a safe work environment.
Identification and Evaluation of COVID-19 Hazards
We will implement the following in our workplace:
• Evaluate employees’ potential workplace exposures to all persons at or who may enter our workplace
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 2 • Review applicable orders and general and industry-specific guidance from the State of California, Cal/OSHA, and the local health department related to COVID-19 hazards and prevention
• Evaluate existing COVID-19 prevention controls in our workplace and the need for different or additional controls. COVID-19 prevention controls include remote work, physical distancing, reducing the density of people indoors, moving indoor tasks outdoors, implementing separate shifts and/or break times, restricting access to the work area, and other prevention measures.
Investigating and Responding to COVID-19 Cases
City of Arvin will investigate COVID-19 illness at the workplace and determine the day and time a COVID-19 case was last present and to the extent possible, the date of the positive COVID-19 test(s) and/or diagnosis, and the date the COVID-19 case first had one or more COVID-19 symptoms, if any were experienced. This will be accomplished by using the Appendix B:
Investigating COVID-19 Cases form.
City of Arvin will immediately exclude from the workplace all COVID-19 cases and employees excluded under Title 8, Section 3205.1, and we will demonstrate this by meeting the following requirements:
1. COVID-19 cases who do not develop symptoms shall not return to work during the infectious period.
2. COVID-19 cases who develop symptoms shall not return to work during the shorter of the following: The infectious period; or through 10 days after the onset of symptoms and at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications.
3. Regardless of vaccination status, previous infection, or lack of COVID-19 symptoms, a COVID-19 case shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or, if the person did not have COVID-19 symptoms, from the date of their first positive COVID-19 test.
4. The requirements of Title 8, Section 3205 (c)(5)(A)1. and (C)(5)(A)2. apply regardless of whether an employee has previously been excluded or other precautions were taken in response to an employee’s close contact or membership in an exposed group.
City of Arvin will review current California Department of Public Health (CDPH) guidance for persons who had close contacts, including any guidance regarding quarantine or other measures to reduce transmission.
Employees who had potential COVID-19 exposure in our workplace will be:
• Informed of their possible exposure to COVID-19 in the workplace while maintaining
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 3 confidentiality
• Offered COVID-19 testing through their health provider or if not covered by insurance offered testing through another provider at no cost during their working hours • Provided information on benefits as outlined in the Training and Instruction section Notice of COVID-19 Cases
City of Arvin will notify employees and independent contractors who had a close contact, as well as any employer with an employee who has a close contact. Notice shall be provided as soon as possible, and in no case longer than the time required to ensure the exclusion requirements of Title 8, Section 3205 (c)(5)(A) are met.
When Labor Code Section 6409.6 or any successor law is in effect, City of Arvin will provide notice of a COVID-19 case in a form readily understandable to employees. Notice shall be given to all employees, employers, and independent contractors at the worksite in accordance with applicable law. Notice shall also be provided to the authorized representative, if any, of the COVID-19 case and of any employee who has a close contact.
Face Coverings
We will provide face coverings and ensure they are worn where required by orders or regulations from the CDPH.
When employees are required to wear face coverings under Section 3205 or Sections 3205.1 through 3205.3, the following exceptions apply:
a. When an employee is alone in a room or vehicle.
b. While eating or drinking at the workplace, provided employees are at least six feet apart and, if indoors, the supply of outside or filtered air has been maximized to the extent feasible.
c. While employees are wearing respirators required by the employer in compliance with Section 5144.
d. Employees who cannot wear face coverings due to a medical or mental health condition or disability or who are hearing-impaired or communicating with a hearingimpaired person. Such employees shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom if the condition of disability permits it.
Respirators
Upon request, respirators will be provided for voluntary use in compliance with Section 5144 (c) (2) to all employees who are working indoors or in vehicles with more than one person. Whenever
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 4 respirators are made available for voluntary use, their use shall be encouraged, and employees will be provided with a respirator of the correct size and employees will be trained how to properly wear the respirators provided; how to perform seal checks according to the manufacturer’s instruction each time a respirator is worn; and the fact that facial hair interferes with a seal.
Ventilation
For workplaces, City of Arvin will review CDPH and Cal/OSHA guidance regarding ventilation, including “Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments.” We will develop, implement, and maintain effective methods to prevent transmission of COVID-19 including one or more of the following actions to improve ventilation:
1. Maximize the supply of outside air to the extent feasible, except when the United States Environmental Protection Agency (EPA) Air Quality Index is greater than 100 for any pollutant or if opening windows or maximizing outdoor air by other means would cause a hazard to employees, for instance from excessive heat or cold.
2. In buildings and structures with mechanical ventilation, filter circulated air through filters at least as protective as Minimum Efficiency Reporting Value (MERV)-13, or the highest level of filtration efficiency compatible with the existing mechanical ventilation system.
3. Use High Efficiency Particulate Air (HEPA) filtration units in accordance with manufacturer’s recommendations in indoor areas occupied by employees for extended periods, where ventilation is inadequate to reduce the risk of COVID-19 transmission.
In vehicles, we will maximize the supply of outdoor air to the extent feasible, except when doing so would cause a hazard to employees or expose them to inclement weather.
During outbreaks, we will continue to comply with ventilation requirements of Subsection 3205.1(f) even after the outbreak has passed and Section 3205.1 is no longer applicable.
Aerosolizing Procedures
For employees in work settings that are exempt from Section 5199 (Aerosol Transmissible Disease Standard) in accordance with the conditions in subsections 5199(a)(2)(A) or (a)(2)(B), who are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids, City of Arvin will evaluate the need for respiratory protection to prevent COVID-19 transmission under Section 5144 and shall comply with that section.
Reporting and Record Keeping
It is our policy to:
• Keep a record of and track all COVID-19 cases with the employee’s name, contact information, occupation, location where the employee worked, the date of the last day at
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) 5 the workplace, and the date of the positive COVID-19 test and/or COVID-19 diagnosis.
These records shall be maintained for two years beyond the period in which the record is necessary to meet the requirements of Section 3205 or Sections 3205.1 through 3205.3. • We will retain the notices required by Subsection 3205(e) in accordance with Labor Code Section 6409.6 or any successor law.
• Personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by Section 3205 or by Sections 3205.1 through 3205.3, shall be kept confidential unless disclosure is required or permitted by law. Unredacted information on COVID-19 cases shall be provided to the local health department with jurisdiction over the workplace, CDPH, Cal/OSHA, and the National Institute for Occupational Safety & Health (NIOSH) immediately upon request and when required by law.
Training and Instruction
We will provide effective COVID-19 training and instruction that is in accordance with subsection 3203(a)(7) (i.e. Injury and Illness Prevention Program) :
Appendix D: COVID-19 Training Roster will be used to document this training.
If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the employee will not return to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, then the period shall be in accordance with the return to work period(s) listed in the return-to-work criteria in this program.
Title of owner or top management representative
Signature Date
Type title of owner or top management representative formally approving the program and have them sign and date
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Appendices
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Appendix A: Identification of COVID-19 Hazards
All persons regardless of symptoms or negative COVID-19 test results will be considered potentially infectious. Particular attention will be paid to areas where people may congregate or come in contact with one another, regardless of whether employees are performing an assigned work task or not. For example: meetings, entrances, bathrooms, hallways, aisles, walkways, elevators, break or eating areas, cool-down areas, and waiting areas.
Evaluation of potential workplace exposure will be to all persons at the workplace or who may enter the workplace, including coworkers, employees of other entities, members of the public, customers or clients, and independent contractors. We will consider how employees and other persons enter, leave, and travel through the workplace, in addition to addressing fixed work locations.
Person conducting the evaluation:
Date:
Name(s) of employee and authorized employee representative that participated:
Interaction, area, activity, work task,
process, equipment, and material that
potentially exposes employees to COVID19 hazards
Places
and
times
Potential for COVID-19 exposures and
employees affected, including members
of the public and employees of other
employers
Existing and/or additional COVID19 prevention controls, including barriers, partitions and ventilation
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Interaction, area, activity, work task,
process, equipment, and material that
potentially exposes employees to COVID19 hazards
Places
and
times
Potential for COVID-19 exposures and
employees affected, including members
of the public and employees of other
employers
Existing and/or additional COVID19 prevention controls, including barriers, partitions and ventilation
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Appendix B: Investigating COVID-19 Cases
All personal identifying information of COVID-19 cases or symptoms will be kept confidential. All COVID-19 testing or related medical services provided by us will be provided in a manner that ensures the confidentiality of employees, with the exception of unredacted information on COVID19 cases that will be provided immediately upon request to the local health department, CDPH, Cal/OSHA, the National Institute for Occupational Safety and Health (NIOSH), or as otherwise required by law.
All employees’ medical records will also be kept confidential and not disclosed or reported without the employee’s express written consent to any person within or outside the workplace, with the following exceptions: (1) Unredacted medical records provided to the local health department, CDPH, Cal/OSHA, NIOSH, or as otherwise required by law immediately upon request; and (2) Records that do not contain individually identifiable medical information or from which individually identifiable medical information has been removed.
Date:
Name of person conducting the investigation:
COVID-19 Case Investigation Information
Employee (or nonemployee*) name:Occupation (if nonemployee, why they were in the workplace):
Location where
employee worked (or
non-employee was
present in the
workplace):
Date investigation was
initiated:
Was COVID-19 test
offered?
Name(s) of staff
involved in the
investigation:
Date and time the
COVID-19 case was last
present in the
workplace:
Date of the positive or
negative test and/or
diagnosis:
Date the case first had
one or more COVID-19
symptoms:
Information received
regarding COVID-19
test results and onset
of symptoms (attach
documentation):
Results of the evaluation
of the COVID-19 case
and all locations at the
workplace that may
have been visited by the
COVID-19 case during
the high-risk exposure
period and who may
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) have been exposed
(attach additional
information):
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Notice given (within one business day, in a way that does not reveal any personal identifying information of the COVID-19 case) of the potential COVID-19 exposure to:
All employees who may
have had a close contact
(i.e., shared airspace)
with a COVID-19 case
and their authorized
representatives.
Date:
Names of employees that
were notified:
Independent contractors
and other employers
present at the workplace
during the high-risk
exposure period.
Date:
Names of individuals that
were notified:
What were the workplace
conditions that could
have contributed to the
risk of COVID-19
exposure?
What could be done to
reduce exposure to
COVID-19?
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Notice given (within one business day, in a way that does not reveal any personal identifying information of the COVID-19 case) of the potential COVID-19 exposure to:
Was local health
department notified? Date:
*Should an employer be made aware of a non-employee infection source COVID-19 status.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Appendix C: Potential COVID-19 Exposure Contact Tracing Name/Title of Person Being Traced: ____________________________________ Date Form was Completed: _________________
Date
I was within 6 feet (with
or without a mask) of
this person
Duration
(Total number of minutes
during a 24-hour period)
Name/Title
of the Person Involved
Location/Task
Where Contact was Made
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Appendix
D: COVID-19 Training Roster
Date:
Person that conducted the training:
Employee Name Signature
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Appendix E: Definitions
Close Contact Close contact means the following, unless otherwise defined by regulation or order of the California Department of Public Health (CDPH), in which case the CDPH definition shall apply:
1) In indoor spaces of 400,000 or fewer cubic feet per floor, a close contact is defined as sharing the same indoor spaces as a COVID19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 case’s infectious period, as defined by this section, regardless of the use of face coverings.
2) In indoor spaces of greater than 400,000 cubic feet per floor, a close contact is defined as being within six feet of the COVID-19 case for a cumulative total of 15 minutes or more over a 24-hour period during the COVID-19 case’s infectious period, as defined by this section, regardless of the use of face coverings.
3) Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces that are separated by floor-to-ceiling walls shall be considered distinct indoor spaces.
COVID-19 Coronavirus disease, an infectious disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)
COVID-19 Case A person who:
(1) Has a positive “COVID-19 test”; or
(2) Has a positive COVID-19 diagnosis from a licensed health care provider; or
(3) Is subject to COVID-19-related order to isolate issued by a local or state health official; or
(4) Has died due to COVID-19, in determination of a local health department or per inclusion in the COVID-19 statistics of a county.
COVID-19
Hazard
Exposure to potentially infectious material that may contain SARS-CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing or sneezing, or from procedures performed on a person that may aerosolize saliva or respiratory tract fluids.
COVID-19
Symptoms
Fever of 100.4 degrees Fahrenheit or higher, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) COVID-19 Test A test for SARS-CoV-2 that is:
(1) Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test); and
(2) Administered in accordance with the authorized instructions. (3) To meet the return to work criteria set forth in Section 3205 subsection (c)(10), a COVID-19 test may be both self-administered and self-read only if another means of independent verification of the results can be provided (e.g., a time-stamped photograph of the results) Exposed Group All employees at a work location, working area, or a common area at work, within employer-provided transportation covered by Section 3205.3 or residing within housing covered by Section 3502.2 where an employee COVID-19 case was present at any time during the infectious period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:
A) For the purpose of determining the exposed group, a place where persons momentarily pass through, without congregating, is not a work location, working area, or a common area at work.
B) If the COVID-19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.
C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the infectious period, and all persons were wearing face coverings at the time the COVID-19 case was present, other people at the work location, working area, or common area are not part of the exposed group.
NOTE: An exposed group may include the employees of more than one employer. See Labor Code sections 6303 and 64304.1.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Face Covering A surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.
This definition includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and that may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively.
Infectious
Period
Infectious period means the following time period, unless otherwise defined by CDPH regulation or order, in which case the CDPH definition shall apply:
(A) For COVID-19 cases who develop symptoms, from two days before the date of symptom onset until:
(1) Ten days have passed after symptoms first appeared, or through day five if testing negative on day five or later; and (2) Twenty-four hours have passed with no fever, without the use of fever-reducing medications, and symptoms have improved. (B) For COVID-19 cases who never develop symptoms, from two days before the positive specimen collection date through 10 days (or through day five if testing negative on day five or later) after the date on which the specimen for their first positive test for COVID-19 was collected.
Respirator A respiratory protection device approved by the NIOSH to protect the wearer from particulate matters, such as an N95 filtering facepiece respirator.
Returned Case A COVID-19 case who was excluded from work but returned pursuant to Section 3205 subsection 3205(c)(5)(A) and did not develop any COVID-19 symptoms after returning. A person shall only be considered a returned case for 30 days after the initial onset of COVID-19 symptoms or, if the person never developed COVID-19 symptoms, for 30 days after the first positive test. If a period of other than 30 days is required by a CDPH regulation or order, that period shall apply.
Worksite For the limited purposes of section 3205 and 3205.1 is a building, store, facility, agricultural field, or other location where a COVID-19 case was present during the infectious period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Additional Considerations
Additional Consideration #1
COVID-19 Outbreaks
This section will need to be added to your CPP if your workplace is identified by a local health department as the location of a COVID-19 outbreak, or there are three or more COVID-19 cases within an exposed workgroup and they visited the workplace during the infectious exposure period at any time during a 14-day period. Reference section 3205.1 for details.
This section of the CPP will stay in effect until there are one or fewer COVID-19 cases detected in our workplace for a 14-day period.
COVID-19 testing
• Immediately upon being covered by section 3205.1, we will make COVID-19 testing available at no cost to all employees within the exposed group, regardless of vaccination status, during employee’s paid time, except for returned cases and employees who were not present at the workplace during the relevant 14-day period(s) under subsection 3205.1(a).
• City of Arvin will make testing available on a weekly basis to all employees in the exposed group who remain at the workplace.
• Employees who had close contacts shall have a negative COVID-19 test taken within three to five days after the close contact or shall be excluded and follow the return to work requirements of subsection 3205(c)(5) starting from the date of the last known close contact.
All employees in the exposed group regardless of vaccination status shall wear face coverings when indoors or when outdoors and less than six feet from another person, unless one of the exceptions in subsection 3205 (f)(2) applies.
Notice shall be given to employees in the exposed group of their right to request a respirator for voluntary use under subsection 3205(g).
COVID-19 investigation, review and hazard correction
We will perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19 when this section initially applies and periodically thereafter. .
The investigation, review, and changes will be documented and include:
• Investigation of new or unabated COVID-19 hazards including:
o Our leave policies and practices and whether employees are discouraged from
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) remaining home when sick.
o Our COVID-19 testing policies.
o Insufficient supply of outdoor air to indoor workplaces . o Insufficient air filtration.
o Insufficient physical distancing.
• Updating the review:
o Every thirty days that the outbreak continues.
o In response to new information or to new or previously unrecognized COVID-19 hazards.
o When otherwise necessary.
• Any changes implemented to reduce the transmission of COVID-19 based on the investigation and review, which may include moving indoor tasks outdoors or having them performed remotely; increasing the outdoor air supply when work is done indoors; improving air filtration; increasing physical distancing to the extent feasible; requiring respiratory protection in compliance with Section 5144; and other applicable controls.
In buildings or structures with mechanical ventilation, we will filter recirculated air with minimum efficiency reporting value (MERV) 13 or higher efficiency filters if compatible with the ventilation system. If MERV-13 or higher filters are not compatible with the ventilation system, we will use filters with the highest compatible filtering efficiency. We will use High Efficiency Particulate Air (HEPA) air filtration units in accordance with manufacturers’ recommendation in indoor areas occupied by employees for extended periods where ventilation is inadequate to reduce the risk of COVID-19 transmission.
Major Outbreaks
If 20 or more employee COVID-19 cases in an exposed group, as defined by Subsection 3205(b)(7), visited the worksite during their infectious period within a 30-day period, we will do the following while Section 3205.1 applies:
• The COVID-19 testing described in Subsection 3205.1(b) shall be required of all employees in the exposed group regardless of vaccination status twice a week or more frequently if recommended by the local health department with jurisdiction over the workplace. Employees in the exposed group shall be tested or shall be excluded and follow return to work requirements of Subsection 3205(c) (5). • We will report the outbreak to Cal/OSHA. This section does not limit our obligation to report employee deaths, serious injuries, or serious illnesses when required by Subsection 342(a).
• We will provide respirators for voluntary use in compliance with Subsection 5144(c)(2) to employees in the exposed group and will encourage their use and will train employees provided respirators for voluntary use, as required by Subsection 3205(g). • Any employees in the exposed group who are not wearing respirators required by City
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) of Arvin and used in compliance with Section 5144 shall be separated from other persons by at least six feet, except where we can demonstrate that at least six feet of separation is not feasible and except for momentary exposure while persons are in movement.
Methods of physical distancing include telework or other remote work arrangements; reducing the number of persons in an area at one time; including visitors; visual cues such as signs and floor markings to indicate where employees and others should be located or their direction and path of travel; staggered arrival, departure, work, and break times; and adjusted work processes or procedures, such as reducing production speed, to allow greater distance between employees. When it is not feasible to maintain a distance of at least six feet, individuals shall be as far apart as feasible.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Additional Consideration #2
COVID-19 Prevention in Employer-Provided Housing
This section will need to be added to your CPP if you have workers in employer-provided housing.
Reference section 3205.3 for details. Employer-provided housing is any place or area of land, any portion of any housing accommodation, or property upon which a housing accommodation is located, consisting of: living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations. Employer-provided housing includes a “labor camp” as that term is used in Title 8 of the California Code of Regulations or other regulations or codes. The employer-provided housing may be maintained in one or more buildings or one or more sites, including hotels and motels, and the premises upon which they are situated, or the area set aside and provided for parking of mobile homes or camping. Employer-provided housing is housing that is arranged for or provided by an employer, other person, or entity to workers, and in some cases to workers and persons in their households, in connection with the worker’s employment, whether or not rent or fees are paid or collected.
• This section does not apply to housing provided for the purpose of emergency response, including firefighting, rescue, and evacuation, and support activities directly aiding response such as utilities, communications, and medical operations, if:
o The employer is a government entity; or
o The housing is provided temporarily by a private employer and is necessary to conduct the emergency response operations.
• This section does not apply to housing in which all residents maintained a household together prior to residing in employer-provided housing, such as family members. • This section does not apply to employees with occupational exposure as defined by section 5199, when covered by that section.
• This section does not apply to employer provided housing used exclusively to house COVID-19 cases or where a housing unit houses one employee.
Assignment of housing units
To the extent feasible, we will assign employee housing to cohorts that travel and work together, separate from other workers. To the extent feasible, residents who usually maintain a household together shall be housed in a single housing unit without other persons.
We will ensure shared housing unit assignments are prioritized in the following order:
• Residents who usually maintain a household together outside of work, such as family members, will be housed in the same housing unit without other persons. • Residents who work in the same crew or work together at the same worksite will be housed in the same housing unit without other persons.
• Employees who do not usually maintain a common household, work crew, or worksite will be housed in the same housing unit only when no other housing alternatives are
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) possible.
Ventilation
In housing units, employers shall maximize the quantity and supply of outdoor air and increase filtration efficiency to the highest level compatible with the existing ventilation system. If there is not a Minimum Efficiency Reporting Value (MERV) 13 or higher filter in use, portable or mounted high efficiency particulate air (HEPA) filtration units shall be used, to the extent feasible, in all sleeping areas.
Face coverings
We will provide face coverings to all residents and provide information to residents on when they should be used in accordance with state or local health department orders or guidance.
Reporting Symptoms
We will encourage residents to report COVID-19 symptoms to City of Arvin Human Resources Department.
COVID-19 testing
We will establish, implement, and maintain effective policies and procedures for COVID-19 testing of residents who had a close contact or COVID-19 symptoms. These policies will be communicated to the residents.
Isolation of COVID-19 cases and close contacts
We will:
• Effectively isolate COVID-19 cases from all residents who are not COVID-19 cases, for the period established by subsection 3205(c)(5)(A). Effective isolation shall include housing COVID-19 cases only with other COVID-19 cases and providing COVID-19 case residents with a sleeping area and bathroom that is not shared by non-COVD-19 case residents.
• Effectively quarantine residents who have had a close contact from all other residents, in accordance with subsection 3205(c)(5)(B). Effective quarantine shall include providing residents who had a close contact with a private bathroom and sleeping area.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) Additional Consideration #3
COVID-19 Prevention in Employer-Provided Transportation This section will need to be added to your CPP if there is employer-provided motor vehicle transportation to and from work, during the course and scope of employment, which provided, arranged for, or secured by and regardless of the travel distance or duration involved with the following exceptions.
• Employees alone in a vehicle, employees taking public transportation, or vehicles in which the driver and all passengers are from the same household outside of work, not subject to section 3502.2.
• Employer-provided transportation necessary for emergency response, including firefighting, rescue, and evacuation and support activities directly aiding response such as utilities, communications and medical operations.
• Employees with occupational exposure as defined by section 5199, when covered by this section.
We will comply with the requirements of section 3205 within a vehicle, and we will respond to a COVID-19 case within the vehicle in accordance with the requirements of that section.
Assignment of transportation
To the extent feasible, we will assign transportation such that cohorts travel and work together, separate from other workers. To the extent feasible, employees who usually maintain a household together shall travel together.
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual) City of Arvin Policy Manual
Policy Manual
Copyright Lexipol, LLC 2023/03/06, All Rights Reserved.
Published with permission by City of Arvin ***DRAFT*** Index - 155
INDEX / TOPICS
3.B.3
Attachment: City_of_Arvin_Policy_Manual (Approval and Adoption of City of Arvin Policy & Procedure Manual)