19.2 Meetings and Employee Organization Activities
City employee organizations' business sessions and other activities relating to the orga nizations' business shall be accomplished at a time and place so as not to conflict with employees regular working hours.
Exceptions to the above are:
A. Meetings directly related to the meeting and conferring sessions within the scope of representation may be scheduled during working hours as provided for in the Government Code, Section 3500, Public Employee Organizations or as hereinafter amended.
B. Meetings involving City employees to resolve grievances under the grievance procedures as set forth in the City of Campbell Personnel Rules and Regulations.
C. Meetings called for and arranged by the Municipal Employee Relations Officer.
19.3 Use of City Facilities
City employee organizations may, with the prior approval of the Municipal Employee Relat ions Officer, be granted the use of City facilities during non -working hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of such meetings. The use of city equip ment, other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
19.4 Use of City Equipment
City employee organizations may obtain copies of documents, notices, or reports by use of copying equipment for reproduction at basic cost plus overhead. Masters of the material to be copied shall be submitted to the Municipal Employee Relations Officer or his delegated representative.
19.5 Use of Bulletin Boards
Recognized City employee organizations may use portions of City bulletin boards under the following conditions:
A. All materials must be dated and must identify the organization that publishes them.
B. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed.
C. An employee organization that does not abide by these conditions will forfeit its rights to have materials posted on City bulletin boards.
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49 19.6 Payroll Deductions - Employee Organizations
The City will authorize a payroll deduction for City employee organizations subject to the following conditions:
A. That the employee organization is formally recognized as a majority representative.
B. That the formally recognized employee organization submits to the City a certified list of membership upon acceptance as a majority representative.
C. That the request for payr oll deduction be on an individual, voluntary basis in writing on a standard payroll deduction form or a form provided by the employee organization, approved by the Municipal Employee Relations Officer.
D. That any reasonable fee charged the City for payro ll deduction activity may be assessed to the employee organization.
E. The City's responsibility to properly disburse funds withheld shall be limited to the issuance of a check to the organization involved, for the total amount withheld for a particular organization each pay period. The check so issued shall be accompanied by a detailed listing of the employees involved, including the amounts withheld. The City shall be notified of the proper payee indicating the individual and address to whom check is t o be delivered.
19.7 General Provision Regarding Americans with Disabilities Act The Americans with Disabilities Act (ADA) requires all employers to make reasonable accommodations to known disabilities of a qualified applicant or employee who is able t o perform the essential functions of the job.
A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual case by case basis, speci fic provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, lay -off, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.
B. Employee organizations recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Appropriate employee organizations will be notified of requests for accommodations or proposed accommodations prior to implementation by the City.
C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice nor shall it be cited or used as evidence of a past practice in the grievance procedure.
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50 SECTION 20.0 GRIEVANCE PROCEDURES
20.1 Purpose of Rules
A. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
C. To provide that grievances shall be settled as near as possible to the point of origin.
D. To provide that appeals shall be conducted as informally as possible.
20.2 Definition, Scope and Right to File
A grievance is defined as any dispute involving the interpretation, application or alleged violation of:
A. A current Memorandum of Understanding between the City and a recognized employee organization.
B. The City's Personnel Rules and Regulations where the provision in dispute is within the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other C ity Official shall be final. (“excluding” language not applicable to CARP).
C. Administrative policies and procedures of the City regarding personnel matters where the procedure or policy in dispute concerns a matter within the scope of representation.
(This provision does not apply to employees represented by CPCEA (*see 1996 SEI U MOU) CPOA (see 1997 MOU), CMEA (see 1998 MOU); Management and Confidential (see 1998 Resolution).
D. Disciplinary procedures excluding discharge.
Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall be excluded from the procedure contained herein.
20.3 Grievance Steps
A. Step 1 : An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five w orking days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance to his/her department head (see 20.3.B, Step 2) which shall contain the following information:
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51 1. The name and job classification of the grievant.
2. Grievant's department and specific work site.
3. The name of the grievant's immediate supervisor.
4. A statement of the nature of the grievance including date and place of occurrence.
5. The specific provision, policy or procedure alleged to have been violated.
6. The remedies sought by the grievant.
7. The name of the individual or organization designated by the grievant to represent him/her in the processing of the grievance. However, in no event shall an employee organization other than that which formally represen ts the position occupied by the grievant be designated as the grievant's representative.
8. The signature of the grievant.
9. The date of the execution of the grievance form.
A standard grievance form shall be available through the City Manager's Office.
If mutually agreed by the department head and the employee, the department head may hold an informal meeting re the grievance prior to the submittal of the formal grievance form. If this informal meeting does not resolve the grievance, the employee will be required to submit a formal grievance form to the department head for the department head's formal decision.
B. Step 2: An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance in the manner provided ab ove to his/her department head within seven (7) working days from the date of the immediate supervisor's decision.
The department head shall respond to the grievance in writing within ten (10) working days from the date of its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor.
C. Step 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the City Ma nager within ten (10) working days from receipt of the department head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period, the City Man ager, at his discretion, may conduct an informal hearing involving the parties to the dispute.
D. Step 4 : If the employee is dissatisfied with the decision of the City Manager, he/she may submit the grievance to the Employee Conciliation Committee within ten (10) working days of the receipt of the City Manager's decision.
The Committee shall consist of three (3) members, one of whom shall be selected by the grievant and one by the Municipal Employee Relations Officer. Where such members are other than City employees, they shall serve without compensation and without the City bearing any obligation to reimburse the member's employer for lost time.
The third member and chairperson of the Committee shall be a representative from the State Mediation a nd Conciliation Service, or an individual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State
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52 representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the City and the grievant or his/her employee organization.
The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days f rom the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure.
All hearings shall be conducted in an expeditious manner, with the chairperson retaining final authority to rule on procedural matters or other points which affect the length and conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized upon joint agreement between the grievant and the City and shall not serve to delay the Committee's decision beyond the prescribed time limits, except by mutual agreement.
20.4 General Conditions for All Grievances
A. Any time limit set forth in paragraph 20.3 may be extended by written agreement between the parties.
B. A representative of the recognized employee organization which has been formally extended bargaining rights for the grievant's position shall be entitled to be present at any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In addition, at the request of the employee, the above mentioned representative shall be entitled to be present beginning at Step 2.
C. The grievant and his/her designated representative shall be entitled to utilize a reasonable amount of work time, as determined by the grievant's department head, to confer on the grievance. This reasonable amount of time shall not interfere with City operations.
D. The City Manager's Office shall serve as the central repository for all grievance records.
E. The grievance procedure will be implemented as expeditiously as possible.
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53 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS
21.1 Right of Appeal
All employees shall have the right of appeal to the City Council on the issue of dismissal except in those instances where the right of appeal is specifically prohibited by the personnel ordinance or these rules.
21.2 Method of Appeal
Appeals shall be in writing, subscribed by the appellant, and filed with th e Personnel Officer. Within five days after receipt of the appeal, the Personnel Officer shall inform each member of the City Council, the appointing power, and such other persons or officers named or affected by the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Officer explaining the reason for the appeal and setting forth therein a statement of the action desired by the appellant and reasons therefor. The formality of a legal pleading is not required.
21.3 Notice
Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten days, nor more than thirty days from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing as so prescribed by the City Council.
21.4 Investigation
Upon the filing of an appeal, the City Council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall b e made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation.
21.5 Hearings
The appellant shall appear personally, unless physically unable to do so, before the City Council at the time and place of the hearing. He may be represented by any person or attorney he may select and may at the hearing produce on his behalf relevant oral or documentar y evidence. Appellant or his representative shall state his case first, and at the conclusion opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the City Council. Cross examination of witnesses sha ll be permitted. The conduct and decorum of the hearing shall be under the control of the City Council with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating t o evidence and witnesses. Employees in the Classified service may request in writing either a closed or open hearing.
21.6 Findings and Recommendations
The City Council shall, within ten days after the hearing concludes, certify its findings and recom mendations in writing to the appellant and to the person, officer or body from whose action the appeal was taken. The person, officer or body from whose action the appeal was taken shall review the findings and recommendations of the City Council and the City Council may then affirm, revoke or modify the action taken as in its judgment seems warranted and the action taken shall be final. Any member of the City Council may submit a minority or supplemental finding and recommendation.
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54 PART V - MISCELLANEOUS
SECTION 22.0 EMERGENCY PREPAREDNESS
22.1 Emergency Preparedness
Pursuant to the City of Campbell's Disaster Preparedness Program - Campbell Municipal Code, Ordinance No. 809:
A. All department heads shall assign each employee an emergency disaster function.
B. Department heads are responsible for making such preparations as are necessary to insure the continuation of essential municipal services in the event of a war -caused or natural disaster.
C. The City Manager is the City's Emergency Preparedness Director and shall be responsible for planning and coordinating the City's overall emergency preparedness activities.
SECTION 23.0 COURT APPEARANCES
23.1 Employees - Civil Trials
When a police officer or other employee of the C ity is subpoenaed for civil trials related to the performance of official duties, the person issuing the subpoena shall deposit with the City Clerk the required deposit prior to securing the subpoena. After the employee notifies Finance of the time spent at court, the deposit will be dispersed. If the employee has attended court fully on City time, the City shall retain the entire reimbursement. If the employee subpoenaed attends fully on his/her time, he/she shall receive the entire reimbursement. If the time spent in court is partially on City time and partially the employee's time, the City shall be reimbursed the employee's hourly wage plus benefits while on City time and the remainder of the fee will go to the employee.
SECTION 24.0 OUTSIDE EMPLOYMENT
24.1 Outside Employment - Non-management Personnel
Full-time City employees will be allowed to engage in off -duty employment if such secondary employment meets the following standards:
A. Outside occupations shall be legal in charact er and not degrading to the City or employee.
The type of work undertaken must not create a conflict of interest with the employee’s City job.
24.1 – Outside Employment – Non-management Personnel (continued)
A. Outside work must not be demanding on the employee and carry over into his/her regular duties by making contacts, either personal or by telephone, the following day.
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55 B Outside work must not leave the employee tired or subject to injury on his regular job.
C. Outside employment m ust be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.
D. The supplemental job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always read ily accessible in case of emergencies.
E. A supplemental employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.
24.2 Application for Permit to Engage in Outside Employment The basis for approval by the immediate supervisor and department head is as follows:
A. No employee will be allowed to engage in any outside employment without first filling out an off -duty employment permit which in turn is to be approved or denied by the immediate supervisor and department head. A copy of each permit approved by the department head is to be filed with the City Manager's Office.
B. Each request to engage in outside work is to be considered individually. Certain types of work which are incompatible to the department would be so designated by the department head.
24.3 Maximum Hours Permitted in Outside Employment
A ceiling on the number of hours permitted on outside work is hereby establi shed as 20 hours per week. This is considered as the maximum possible without affecting the employee's efficiency on his/her regular job.
24.4 Injuries Resulting from Outside Employment
As part of the processing of the off -duty employment permit, the employee is required to specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from or arise out of the employment for which the request is made. The employee is also required to waive any rights to Workers' Compensation benefits because of any injury or sickness caused by or arising out of the outside employment.
24.5 Outside Employment and Sick Leave
An employee whose sick leave record indicates the lack of strength to sustain both City employment and outside employment will not be allowed to engage in outside employment.
24.6 Outside Employment--Management Personnel
Management employees will be permitted to engage in secondary employ ment under the following conditions:
A. Outside occupations shall be legal in character and not degrading to the City or employee.
The type of work undertaken must not create a conflict of interest with the employee's City job or in any way decrease the effectiveness of the employee in conducting City business.
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56 B. Outside work must not be demanding on the employee and carry over into regular workday duties by making contacts, either personal or by telephone, during City working hours.
C. Outside work m ust not leave the employee tired or subject to injury on his/her regular job.
D. Outside employment must be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.
E. The secondary job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always readily accessible in case of emergencies.
F. A secondary employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.
G. All rules pertaining to outside employment as outlined in paragraphs 24.3, 24.4, and 24.5 shall also apply to management employees who are granted permission to engage in secondary employment.
H. Outside Employ ment Permits for unclassified management employees will require the approval of the City Manager. Permits for classified management employees will require department head approval with a copy of the approved permit filed with the City Manager's Office.
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57 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS
25.1 Reimbursement Policy
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon recommendation of the individual's immedi ate supervisor and the department head, as well as approval by the Personnel Officer or his designated representative. The prior condition of the damaged item should be considered in determining the amount of reimbursement. Guidelines have been developed which will assist employees, department heads and supervisors in processing claims under this policy. They may be obtained from the Personnel Division.
25.1 Reimbursement Policy (continued)
A. Damage to personal effects not required by the City woul d be allowed under the same conditions as outlined in the preceding portion of paragraph 25.1.
B. No costs should be incurred by the City when it has been demonstrated that loss or damage was due to personal negligence.
C. No costs should be incurred by the City in an unreasonable amount. For example, if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse him in this amount inasmuch as he did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.
D. Definition of Personal Effects: Those items worn or carried by the employee in the line of duty.
SECTION 26.0 CITY VEHICLES AND DRIVERS
26.1 Use of City Vehicles and Equipment
Except in case of emergency or Council authorization, a City vehicle is to be driven only by City employees.
City vehicles and equipment shall, under no circumstances, be used by any employee or citizen for other than official business. Violation of this policy will be cause for strict disciplinary action.
26.2 Employee Driving Habits
Every employee driving a City vehicle shall obey all traffic regulations and display road courtesy at all times.
26.3 Motor Vehicle License
If the primary duty of the employee is the driving of City vehicles on public streets, then he shall carry at all times a valid and appropriate Motor Vehicle Operator's License.
26.4 California Vehicle Code Restrictions
All City employees who d rive City vehicles are subject to the provisions of Sections 21052 -21057 of the California Vehicle Code. It is the responsibility of each City employee who drives a City vehicle to be familiar with these Vehicle Code Sections so he can act accordingly.
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58 26.5 Pool Cars
Pool cars are to be stored at areas designated by the City Manager when not in use. Authorized personnel may not take a pool car home except in the case of an evening meeting or an early morning meeting or assignment. Employees will not be permitted to take city vehicles home for night meetings if a 10 -mile roundtrip maximum would be exceeded.
26.6 Use of Personal Vehicle for City Business
Employees using their personal vehicles for City business will receive an auto allowance or mileage reimbursement. Mileage reimbursement will only be granted if a pool car was not available or special authorization was granted.
26.7 City Vehicles and Employees on Standby Basis
City vehicles assigned to employees on a standby bas is are not to be left unused at the employee's home longer than a 48 hour period. In such cases, City vehicles are to be left at the Corporation Yard or City Hall and, if necessary, they are to be reassigned to the immediate supervisor for use by an alternate City employee until the return to work by the City employee originally assigned the vehicle.
26.8 Procedure for Accidents
Employees driving City vehicles involved in accidents resulting in property damage or injury shall immediately do the following:
A. Promptly notify your supervisor.
B. If necessary, notify the law enforcement agency in whose jurisdiction the accident occurred.
C. Comply with the California Vehicle Code.
Notification of an accident shall be promptly reported to the Finance Department so that the insurance company may be notified. Two copies of all accident reports involving City equipment shall be forwarded to the Finance Department as soon as possible.
26.9 Service of City Vehicles
All City vehicles and equipment should be serviced at the City's Service Center in accordance with City policy.
26.10 Mileage for Evening Meetings
Employees who are authorized to use their private cars to attend an evening meeting at City Hall and who live within the city limits of Campbe ll, shall be reimbursed at the current per mile rate as designated by the City Council. Employees who are required to attend an evening meeting at City Hall but who live outside city limits, shall be reimbursed at said rate with a maximum allowable charge of ten miles for the round trip.
26.11 Mileage for Out-of-Town Meetings
Employees who are authorized to use their private cars to attend out -of-town meetings shall be reimbursed at the current designated rate to be computed from the City Hall or home of the employee, whichever is the shortest distance. For trips which are in excess of a 125 mile radius, the employee will be reimbursed at the rate equivalent to the current and prevailing first-class air fare as of the date of said travel.
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59 26.12 Mileage for Employee's Car on City Business
An employee authorized to use his own car for City business will be reimbursed at the mileage or flat rate established by the City Council. Mileage reimbursement will only be provided to those persons who have previously submitted proof of insurance coverage to the Finance Department.
26.13 Seat Belts
Employees shall fasten seat belts on entering City vehicles. Failure to take such safety precautions may result in disciplinary action.
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60 ADDENDUM "A"
I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP
Campbell Municipal Employees Association
The calendar year entitlement for those employees represented by the Campbell Municipal Employees Association is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Campbell Police Civilian Employees Association
The calendar year total holiday pay entitlement is 4. 8% of salary in lieu pay. In addition, represented employees receive two (2) Floating Holidays per calendar year to be taken as days off. New employees receive the appropriate prorated portion of this entitlement upon hire.
Northern California Carpenters Regional Council
The calendar year entitlement for tho se employees represented by CARP is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Management Employees
The calendar year entitlement for management employees is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Confidential Employees
The calendar year entitlement for confidential employees is five and one -half (5 -1/2) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS
Floating Holidays must be used during the calendar year in which they are granted, and may be utilized in conjunction with annual vacation leave. For these purposes, the beginning of the calendar year means the first day of the first pay period that begins in January and the last day of the calendar year means the last day of the pay period that contains December 31 st. All Floating Holiday leave time must be scheduled with the employee's supervisor at least 24 hours in advance and cannot be disruptive of departmental operations.
Floating Holiday time shall have no monetary value upon termination of employment unless a terminating employee has taken more than the proportionate share to which he/she is entitled p rior to the termination date. The formula for determining the proportionate amount of Floating Holidays remaining in a calendar year shall be one Floating Holiday for each three months remaining in the calendar year. The value of a Floating Holiday shall be the same as one day of vacation, and if used but not earned, it will be adjusted for on the employee's closing check.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules) UNCLAS Resolution
July 2022
1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED UNCLASSIFIED MANAGEMENT EMPLOYEES AS DEFINED IN RESOLUTION 10016 AND AS DESIGNATED IN RESOLUTION 8553, EFFECTIVE JULY 2022
WHEREAS, the City Council of the City of Campbell desires to establish certain salaries and benefits for unrepresented Unclassified Management personnel not covered by a Memorandum of Understanding, and
WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of the State of California provide that the salaries of employees of General Law cities may be fixed or increased by resolution; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code provid es that the City Council may, from time to time, by resolution, change the compensation of employees of said City, and may, by resolution, adopt salary and wage scales; and
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Counci l for its approval; and
WHEREAS, the City Council of the City of Campbell desires to establish certain salaries and benefits for unrepresented Unclassified Management personnel not covere d by a Memorandum of Understanding consistent with Resolution No. 8553:
NOW, THEREFORE, BE IT RESOLVED that effective the first full pay period in cluding July 1, 2022, the salaries, hours, employee benefits, definitions and other terms and conditions of e mployment for the City ’s Unclassified Management employees will be consistent with the annual salary plan, attached hereto and made a part hereof, and subject to the following:
SECTION 1. GENERAL CONDITIONS
A. Personnel Rules and Regulations
This resolution does not modify or change the provisions of the Personnel Rules and Regulations of the City unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. Because some terms and conditions of employment are set fo rth in the Personnel Rules and Regulations, a copy of the Personnel Rules and Regulatio ns (current as of August 8, 2022) is attach ed to this resolution for convenience.
B. Unclassified Management Employees
The City’s Unclassified Management Employees include the following positions:
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July 2022
2 • Assistant City Manager
• Community Development Director
• Finance Director
• Police Chief
• Public Works Director
• Recreation and Community Services Director
C. Definitions
1. Management Employee: “Management Employee” shall mea n an emp loyee having re sponsibility for formulating, administering, or mana ging the implementation of City policies and programs consistent with Resolution 10016.
2. Appointing Authority/Power: The City Manager and/or Department Head who has the authority to make appointment to the position to be filled.
3. Unclassified Management Employee: Those classifications defined as "Unclassified Management" in the Personnel Rules and Regulations.
4. PERS: PERS shall mean Public Employees’ Retirement System.
SECTION 2. COMPENSATION
A. Salary
1. Effective the first full pay pe riod in July 2022, the salaries of all Unclassified Management Employees shall be increased by four percent (4%).
2. Effective the first full pay period in July 2023, the salaries of all Unclassified Management Employees shall be increased by four percent (4%).
3. Effective the first full pay period in July 2024, the salaries of all Unclassified Management Employees shall be increased by three percent (3%).
SECTION 3. HEALTH & WELFARE BENEFIT PROGRAMS
A. Medical Insurance / Cafeteria Plan Allowance
1. Medical Insurance Benefit Program
The City’s maximum monthly contrib ution for each Unclassified M anagement Employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution requir ed under the Public Employees Medical and Hospital Care Act (PEMHCA). The City’s contribution will com e out of the amount the City currently contributes to employees as part of the Cafeteria Plan Allowance, provided below. The cost of the City’s particip ation in CalPERS will
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July 2022
3 not require the City to expend additional funds toward health insurance beyond what is already provided through the Cafeteria P lan Allowance. Any c ost increase to the minimum monthly employer contribution required under PEMCHA will be borne by employees.
2. Cafeteria Plan Allowance
Unclassified Management Employees electing medical c overage in the City’s plans will receive a health flex allowance and sh all purchase such coverage through the City’s Cafeteria Plan.
Effective January 1 , 2023, the monthly Cafeteria Plan Allowance wil l be based on selected level of coverage as follows:
• Employee Only Coverage: $913.74
• Employee Plus One Coverage: $1,827.48
• Employee Plus Family Coverage: $2,375.72
Effective January 1, 2024, the monthly Ca feteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates fo r 2024 at the employee’s selected level of coverage unle ss the rate increa se from plan year 202 3 exceeds eight percent (8%). If the year -over-year rate increase exceeds 8%, the C ity’s Cafeteria Plan Allowance shall be eight per cent (8%) h igher than the 20 23 rates. Employees who select a plan with rates higher than the City’s Allowance will be required to make up the difference through salary redirection.
Effective January 1, 202 5, the monthly Cafeteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates for 202 5 at the employee’s selected level of coverage unless the 2025 rates are eight percent (8%) higher than the City’s 2024 contribution. If the year -over-year rate increase exceeds 8% of the City’s 2024 contr ibution, th e City’s Cafeteri a Plan Allowance shall b e eight percent (8%) higher than the 2024 contribu tion. Employees who select a plan with rates higher than the City’s Allowance will be required to make u p the difference through salary redirection.
Employees who e lect a medical in surance plan with a lowe r monthly premium than the amoun t of the City’s me dical contribution ma y apply their unused contribution amount toward other benefit options that are avail able under the Cafeteria Plan, such as flexible s pending accounts for out -of-pocket medical expenses and dependent care, accident insurance, cancer insurance, heart and stroke insurance, and life insurance benefits.
Employees who do not spend all their Caf eteria Plan Allowance on Cafeteria Plan benefits will not receive any cash benefit.
3. Conditional Opt-Out
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July 2022
4 Employees who at initial enrollment or during the annual open enrollment period, complete an affidavit and provide proof of other minimum essential coverage for themselves under an exchange/marketplace or an individual plan, will be allowed to waive me dical coverage for themselves an d their qualified dependents (tax family). The monthly conditional opt-out incentive is $750.
The conditional opt-out incentive shall be paid in cash (taxable income) t o the employee. The employee must notify the City within 30 days of the loss of other minimum essential coverage. The conditional opt-out payment shall no longer be payable if the employee and family members cease to be en rolled in other minimum essential coverage.
4. Flexible Spending Account
Effective the first full pay period in July 202 2, each employee will receive a City contribution to a flexible spending account (FSA) which can be used for IRS eligible medical or dependent care expenses in the amount of $30.76 per pay period.
Effective the first full pay period in July 2023, the City will additionally increase the FSA contribution by $25.00 per pay period for a total of $55.76 per pay period.
Effective the first full pay period in July 2024, the City will additionally increase the additional FSA contribution by $25.00 per pay per iod for a total of $80.76 per pay period.
B. Benefit Cost Adjustments
1. Dental Insurance
The City shall cover the premium for dental coverage. The annual maximum per patient benefit, not including orthodontia, shall be equal to $2,500. The maximum lifetime per patient benefit for orthodontia coverage shall be equal to two thousand five hundred dollars ($2,500).
2. Vision Care
The City shall cover the premium for vision coverage for employees and their eligible dependents.
3. Life Insurance
The City shall provide fifty thousand dollars ($50,000) in life insurance coverage per employee and shall cover the premium. Employees, depending on pre- qualification, may purchase supplemental life insurance in multiples of ten
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July 2022
5 thousand dollars ($10,000) for up to a maximum of three hundred thousand dollars ($300,000).
4. Accidental Death and Dismemberment Insurance
The City shall pay the premium for fifty thousand dollars ($50,000) accidental death and dismemberment insurance coverage.
5. Long Term Disability Insurance
The City shall pay the premium for Long Term Disability Insurance. Employees shall receive two-thirds of their monthly base salary, up to a salary maximum of six thousand dollars ($6,000) per month, with a maximum benefit of four thousand dollars ($4,000) per month.
6. Voluntary Employees Beneficiary Association Plan (VEBA)
In replacement of the Retiree Award Program for new employees, Unclassified Management Employees will participate in the established VEBA program. The City will contribute eighty-six dollars and sixteen cents ($86.16) per pay period to each employee’s VEBA account.
C. Miscellaneous Benefits
1. Tuition Reimbursement
The City will continue the tuition reimbursement program as specified in Personnel Rules and Regulations Section 18.3.A, with a maximum reimbursement of $3,000 per year.
2. Auto Allowance
The City will provide a n auto allowance for the followi ng Unclassified Management Employees:
Job Classification Auto Allowance Amount
Assistant City Manager $220/month
Community Development Director $220/month
Finance Director $220/month
Public Works Director $220/month
Recreation & Community Services Director $220/month
3. Uniform Allowance
The City will provide a uniform allowance of One Thousand One Hu ndred Dollars ($1,100.00) to Unclassified Sworn Safety Management Classes.
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July 2022
6 SECTION 4. RETIREMENT BENEFITS AND FORMULAS
This section applies to Unclassified Management Employees in both miscellaneous and safety retirement systems. Upon sub mission of enrollment information, the California Public Employee s’ Retirement System ( CalPERS) shall determ ine whether a new employee is a “classic member ” or “new member” in accordance with the Publi c Employees’ Pension Reform Act (PEPRA).
A. Miscellaneous Retirement Benefit Formulas / Benefits
1. Employees Hired prior to March 7, 2011
For Classic Miscellaneous Members hired prior to March 7, 2011, the City contracts the following PERS options: 2.5% at age 55, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level 3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution 8%.
2. Employees Hired after March 6, 2011
For Classic Miscellaneous Members hired after March 6, 2011, the City contracts the following PERS options: 2% at age 60, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level 3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution 7%.
3. Employees Hired after December 31, 2012
For New Miscellaneous Members hired after December 31, 2012 (Classic Miscellaneous Members hired after December 31, 2012, are under the Classic Miscellaneous Members hired after March 6, 2011 plan.), the City contracts the following PERS options: 2% at age 62, highest 36-month salary, military service buy back option, 1959 survivor benefit (Level 3, One-half continuance), Credit for unused sick leave (Credit for Peace Corps, AmeriCorps VISTA, AmeriCorps Service). Employee contribution
7.75%.
B. Safety Members’ Retirement Benefit Formulas/Benefits
1. Safety Members Hired prior to October 18, 2010
For Classic Safety Members hired prior to October 18, 2010, the City contracts the following PERS options: 3% at age 50, highest 12-month salary, 1959 Survivor Benefit (Level 4, one-half continuance), Credit for unused sick leave. Employee contribution 9%.
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July 2022
7 2. Safety Members hired after October 17, 2010
For Classic Safety Members hired after October 17, 2010, the City contracts the following PERS options: 2% at age 50, highest 36-month salary, 1959 Survivor Benefit (Level 4, one-half continuance), Credit for unused sick leave. Employee contribution 9%.
3. Safety Members hired after December 31, 2012
For New Safety Members hired after December 31, 2012, (Classic Safety Members hired after December 31, 2012, are under the Classic Safety Members hired after October 17, 2010 plan. To be eligible for service retirement, the employee must be least age 50 and have five years of PERS credited service), the City contracts the following PERS options:
2.7% at age 57, highest 36-month salary, 1959 Survivor Benefit (Level 4, one-half continuance), Credit for unused sick leave. Employee contribution 13%.
C. Retiree Award Program
For retirees from the City of Campbell who were hired prior to July 1, 2017, have at least 17 years of service, and have reached a minimum age of 50, the City will continue the existing Retiree Award Program as follows:
1. The City will award out-of-pocket costs for retirees to cover medical and dental premiums on a reimbursement basis, as follows:
• A maximum of $325 per month.
• Retiree dependents are not eligible for the Retiree Award Program. • Employees hired on or after July 1, 2017, will not be eligible for the Retiree Award Program.
SECTION 5. OTHER PROVISIONS APPLICABLE TO ALL CLASSIFIED
MANAGEMENT EMPLOYEES
A. Public Employees’ Retirement System (PERS)
The City w ill be responsible for any increase to the PERS employer contribution rate for the PERS plan.
B. Vacation
Unclassified Management Employees shall be entitled to vacation with pay in accordance with the following schedule. Vacation accrual shall be as follows:
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July 2022
8 1. Start of year 1 through completion of year 4, vacation will be accrued at the rate of 3.38 hours per biweekly pay period worked. (11 eight-hour days per year)
2. Start of year 5 through completion of year 10, vacation will be accrued at the rate of 4.92 hours per biweekly pay period worked. (16 eight-hour days per year)
3. Start of year 11 through completion of year 15, vacation will be accrued at the rate of 5.85 hours per biweekly pay period worked. (19 eight-hour days per year)
4. Start of year 16 and thereafter, vacation will be accrued at the rate of 6.46 hours per biweekly pay period worked. (21 eight-hour days per year)
Unclassified Management employees may accumulate and retain their vacation leave to a maximum of 520 hours as of December 31 of each calendar year. This limitation may be temporarily waived by approval of the City Manager when special circumstances exist. Use of continuous vacation leave beyond 240 hours shall require approval of the Appointing Authority.
In the case of employees who work a 40-hour week, when one or more holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly.
C. Holidays
Unclassified Management employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day.
The holidays for the City are:
(1) January 1: New Year’s Day
(2) Third Monday in January: Martin Luther King, Jr. Day (3) Third Monday in February: President’s Day
(4) Last Monday in May: Memorial Day
(5) July 4: Independence Day
(6) First Monday in September: Labor Day
(7) Fourth Thursday in November and day after: Thanksgiving Day and Day After (8) December 24: Christmas Eve (1/2 day)
(9) December 25: Christmas Day
D. Administrative/Management Leave Time
1. Unclassified Management employee classifications will receive eighty (80) hours of administrative leave pay per calendar year and will receive the appropriate prorated portion of this entitlement upon hire and termination. At the end of the calendar year, a maximum of eighty (80) hours of administrative leave may be carried over to the next calendar year.
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9 E. Sick Leave
Unclassified Management employe es accrue 3.69 hours of sick leave pe r pay period. Accumulation is unlimited.
F. Floating Holidays
Five (5) Floating Holid ays ( 40 hours) shall be incorpo rated into the E mployee Leave Bank . Employ ees receive the appropriate prorated portion of this entitlement upon hire and termination. Floating Holidays must be used during the calendar year in which they are granted. Unused Floating Holiday time may not be carried over to th e next calendar year. Floating Holiday time shall have no monetary value upon termination of employment.
BE IT FURTHER RESOLVED that t he City Council of the City of Cam pbell hereby rescind s Resolution No. 12772 and replaces it with this reso lution establishing the above compensation, benefits and w orking conditions for unrepresented Unclassified Management employees not covered by a Memorandum of Understanding agreement.
BE IT FUTHER RESOLVED that it is not the intent of this City Counci l in approving the resolution to change, modify, or repeal in any way any of the existing provisions of the City of Campbell Personnel Rules and Regulations; and
FINALLY, BE IT FURTHER RESOLVED that the City Appoint ing Power and the Human Resources Manager hav e the aut hority to take an y necessary administrative actions to implement the provisions of this resolution.
PASSED AND ADOPTED this 16th day of August 2022 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: 2022-2025 Unclassified MGMT (Approval of MOU's and Unrepresented Agreements and Salary Schedules) Effective: 7/11/2022
CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
1020 ASSISTANT CITY MANAGER UNC07 UNCL Hourly 91.29 - - - 119.39 Bi-Weekly 7,303.20 - - - 9,551.20 Monthly 15,823.60 - - - 20,694.27 Annual 189,883.20 - - - 248,331.20 1030 COMM. DEV. DIRECTOR UNC05 UNCL Hourly 91.29 - - - 119.39 Bi-Weekly 7,303.20 - - - 9,551.20 Monthly 15,823.60 - - - 20,694.27 Annual 189,883.20 - - - 248,331.20 1025 FINANCE DIRECTOR UNC06 UNCL Hourly 91.29 - - - 119.39 Bi-Weekly 7,303.20 - - - 9,551.20 Monthly 15,823.60 - - - 20,694.27 Annual 189,883.20 - - - 248,331.20 1010 POLICE CHIEF UNC02 UNCL Hourly 91.29 - - - 132.18 Bi-Weekly 7,303.20 - - - 10,574.40 Monthly 15,823.60 - - - 22,911.20 Annual 189,883.20 - - - 274,934.40 1015 PUBLIC WORK DIRECTOR UNC03 UNCL Hourly 91.29 - - - 132.18 Bi-Weekly 7,303.20 - - - 10,574.40 Monthly 15,823.60 - - - 22,911.20 Annual 189,883.20 - - - 274,934.40 1035 REC/COMM. SVCS DIRECTOR UNC04 UNCL Hourly 91.29 - - - 119.39 Bi-Weekly 7,303.20 - - - 9,551.20 Monthly 15,823.60 - - - 20,694.27 Annual 189,883.20 - - - 248,331.20 Notes:
1) Salary increases per MOU effective July 11, 2022
CITY OF CAMPBELL
POSITION CLASSIFICATION - UNCLASSIFIED
FY 22/23 - SALARY SCHEDULE
STEP RANGES
Range
[Page]1
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PERSONNEL RULES AND REGULATIONS
City of Campbell
Amended 8.12. 2022
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TABLE OF CONTENTS
PART I – DEFINITIONS ........................................................................................................................ 1 SECTION 1.0 DEFINITION OF TERMS........................................................................................................ 1 PART II - EMPLOYMENT ..................................................................................................................... 4 SECTION 2.0 GENERAL PROVISIONS ....................................................................................................... 4
2.1 Fair Employment ......................................................................................................................... 4
2.2 Violation of Rules ........................................................................................................................ 4
2.3 Amendment and Revision of Rules ............................................................................................. 4 SECTION 3.0 CLASSIFICATION PLAN ....................................................................................................... 5
3.1 Preparation of Plan ..................................................................................................................... 5
3.2 Adoption and Revision of Plan .................................................................................................... 5
3.3 Allocation of Positions ................................................................................................................ 5
3.4 New Positions ............................................................................................................................. 5
3.5 Reclassification ............................................................................................................................ 5 SECTION 4.0 COMPENSATION ................................................................................................................ 6
4.1 Preparation of Plan ..................................................................................................................... 6
4.2 Classified Non-Management ...................................................................................................... 6
4.3 Management ............................................................................................................................... 6
4.4 Adoption of Plans ........................................................................................................................ 7 SECTION 5.0 RECRUITMENT ................................................................................................................... 8
5.1 Announcement ........................................................................................................................... 8
5.2 Request for Application Forms ................................................................................................... 8
5.3 Application Forms - Following an Announcement ..................................................................... 8
5.4 Disqualification ........................................................................................................................... 8
5.5 Disqualification – Nepotism ........................................................................................................ 8 SECTION 6.0 EXAMINATIONS ............................................................................................................... 10
6.1 Nature and Types of Examinations ........................................................................................... 10
6.2 Promotional Examinations ........................................................................................................ 10
6.3 Continuous Examinations ......................................................................................................... 10
6.4 Conduct of Examination ............................................................................................................ 10
6.5 Scoring Examinations and Qualifying Scores ............................................................................ 10
6.6 Notification of Examination Results ......................................................................................... 10
6.7 Cooperative Testing .................................................................................................................. 10 SECTION 7.0 EMPLOYMENT LISTS ........................................................................................................ 11
7.1 Employment Lists ...................................................................................................................... 11
7.2 Duration of Lists ........................................................................................................................ 11
7.3 Removal of Names from Lists ................................................................................................... 11 SECTION 8.0 METHOD OF FILLING VACANCIES ..................................................................................... 12
8.1 Types of Appointments ............................................................................................................. 12
8.2 Notice to Personnel Officer ...................................................................................................... 12
8.3 Certification of Eligibles ............................................................................................................ 12
8.4 Order of Employment ............................................................................................................... 13
8.5 Appointment ............................................................................................................................. 13
9.1 Objective of Probationary Period ............................................................................................. 14
9.2 Probationary Period--Non-management Positions .................................................................. 14
9.3 Probationary Period - Classified and Unclassified Management Positions .............................. 14
9.4 Extension of Probationary Period ............................................................................................. 14
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9.5 Rejection of Probationer ........................................................................................................... 15 SECTION 10.0 PERFORMANCE EVALUATIONS ...................................................................................... 16
10.1 Evaluation of Employee Performance ..................................................................................... 16 SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS ................................................................................. 17
11.1 Payday ..................................................................................................................................... 17
11.2 Application of Rates ................................................................................................................ 17
11.3 Merit Salary Increases ............................................................................................................. 17
11.4 Anniversary Date ..................................................................................................................... 17
11.5 Salary Change Effective Date .................................................................................................. 17
11.6 Beginning and Terminating Pay Computations ...................................................................... 18
12.1 Transfer ................................................................................................................................... 19
12.2 Promotion ............................................................................................................................... 19
12.3 Demotion ................................................................................................................................ 19
12.4 Suspension .............................................................................................................................. 19
12.5 Reinstatement......................................................................................................................... 19
12.6 Pre-Disciplinary Hearing Procedures ...................................................................................... 20
12.7 Disciplinary Action--Police Officers ......................................................................................... 20
12.8 Just Cause For Discipline ......................................................................................................... 20 SECTION 13.0 SEPARATION FROM THE SERVICE .................................................................................. 22
13.1 Discharge ................................................................................................................................. 22
13.2 Discharge--Unclassified Management Personnel ................................................................... 22
13.3 Reduction in Force .................................................................................................................. 22
13.4 Resignation ............................................................................................................................. 24
13.5 Separation Date ...................................................................................................................... 24 SECTION 14.0 REPORTS AND RECORDS ................................................................................................ 25
14.1 Roster Cards ............................................................................................................................ 25
14.2 Change of Status Reports........................................................................................................ 25
14.3 Destruction of Records ........................................................................................................... 25 SECTION 15.0 COOPERATION ................................................................................................................ 26
15.1 Cooperation of Municipal Officers and Employees ................................................................ 26
15.2 Applications of Rules ............................................................................................................... 26
15.3 Gifts and Payments ................................................................................................................. 26
15.4 Directives ................................................................................................................................ 26
15.5 Financial Affairs ....................................................................................................................... 26
15.6 Notification of Address ........................................................................................................... 26
15.7 Official Personnel Files ............................................................................................................ 26
15.8 Substance Abuse ..................................................................................................................... 26 PART III – TOTAL COMPENSATION ................................................................................................... 27 SECTION 16.0 ATTENDANCE AND LEAVES ............................................................................................ 27
16.1 Purpose of Annual Vacation Leave ......................................................................................... 27
16.2 Vacation Accrual Rates ........................................................................................................... 27
16.3 Use of Vacation ....................................................................................................................... 27
16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours ........... 28
16.5 Vacation Pay on Separation ..................................................................................................... 29
16.6 Sick Leave Accrual Rate - 40-Hour Week ................................................................................ 29
16.7 Use of Sick Leave ...................................................................................................................... 29
16.8 Use of Family Sick Leave ......................................................................................................... 29
16.9 Bereavement Leave ................................................................................................................. 29
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16.10 Computing Sick Leave ........................................................................................................... 30
16.11 Compensation for Unused Sick Leave .................................................................................. 30
16.12 Administrative Leave--Management Employees Only ......................................................... 30
16.13 Injury Leave ........................................................................................................................... 31
16.14 Military Leave ........................................................................................................................ 31
16.15 Leave of Absence without Pay .............................................................................................. 31
16.16 Special Leave of Absence ...................................................................................................... 31
16.17 Maternity Leave .................................................................................................................... 32
16.18 Jury Duty ............................................................................................................................... 32
16.19 Hours of Work ....................................................................................................................... 32
16.20 Timecards .............................................................................................................................. 32
16.22 Overtime ............................................................................................................................... 33
16.23 Compensatory Time .............................................................................................................. 34
16.24 Unauthorized Leave .............................................................................................................. 35
16.25 Salary Deduction--Employees Exempt from FLSA Overtime Provisions ............................... 35 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS ................................................ 36
17.1 Motorcycle Assignment Pay ................................................................................................... 36
17.2 Replacement of City-Issued Equipment--Non-management Police Department Safety Personnel ............................................................................................................................. 36
17.3 Working Out-of-Class Pay--Non-management Police Department Safety Personnel............ 36
17.4 POST/Educational Incentive Pay--Police Department Non-Management Public Safety Personnel ............................................................................................................................. 36
17.5 Emergency Transfer of Sick Leave--Employees Represented by Campbell Peace Officers Association ........................................................................................................................... 37
17.6 Meal Allowance--Employees Represented by Campbell Peace Officers Association ............ 37
17.7 Detective On-Call Pay.............................................................................................................. 37
17.8 Bilingual Pay ............................................................................................................................ 38
17.9 Vacation Buy Back ..................................................................................................................... 3
17.10 Meal Allowance--CPCEA Represented Employees ............................................................... 38
17.11 Working Out-of-Class Pay--CPCEA Represented Employees ................................................ 38
17.12 Trainer Pay--Police Records Specialists and Public Safety Dispatchers ................................ 38
17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA .......................................... 40
17.14 Bilingual Pay .......................................................................................................................... 40
17.15 Reserved ............................................................................................................................... 41
17.16 Split Shift Differential ............................................................................................................ 41
17.17 Working Out-of-Class Pay--Public Works Maintenance Division Non-management Personnel ............................................................................................................................. 41
17.18 Workers' Compensation Benefits--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel............................................................................................. 42
17.19 Standby Pay--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel ............................................................................................................................. 42
17.20 Meal Allowance--Public Works Maintenance Division Non-management Personnel ......... 43 l7.21 Class B Driver's License--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel .................................................................................................... 43
17.22 Bilingual Pay – Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel .................................................................................................... 43
17.23; 17.24 Reserved .................................................................................................................... 43
17.25 Working Out-of-Class Pay--Confidential Employees and Employees Represented by Campbell Municipal Employees Association ....................................................................... 44
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17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association 44
17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation – Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees ..................................................................................................... 44
17.28 Meal Allowance - Employees Represented by Campbell Municipal Employees Association 44
SECTION 18.0 TRAINING OF EMPLOYEES .............................................................................................. 46
18.1 Responsibility for Training ...................................................................................................... 46
18.2 Credit for Training ................................................................................................................... 46
18.3 In-Service Training Incentive Program .................................................................................... 46 PART IV - EMPLOYER-EMPLOYEE RELATIONS ................................................................................... 48 SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS ................................................................................. 48
19.1 Employee Rights ...................................................................................................................... 48
19.2 Meetings and Employee Organization Activities .................................................................... 48
19.3 Use of City Facilities ................................................................................................................ 48
19.4 Use of City Equipment ............................................................................................................ 48
19.5 Use of Bulletin Boards ............................................................................................................. 48
19.6 Payroll Deductions - Employee Organizations ........................................................................ 49
19.7 General Provision Regarding Americans with Disabilities Act ................................................ 49 SECTION 20.0 GRIEVANCE PROCEDURES ............................................................................................. 50
20.1 Purpose of Rules ..................................................................................................................... 50
20.2 Definition, Scope and Right to File.......................................................................................... 50
20.3 Grievance Steps ...................................................................................................................... 50
20.4 General Conditions for All Grievances .................................................................................... 52 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS ........................................................ 53
21.1 Right of Appeal ........................................................................................................................ 53
21.2 Method of Appeal ................................................................................................................... 53
21.3 Notice ...................................................................................................................................... 53
21.4 Investigation............................................................................................................................ 53
21.5 Hearings .................................................................................................................................. 53
21.6 Findings and Recommendations ............................................................................................. 53 PART V - MISCELLANEOUS ............................................................................................................... 54 SECTION 22.0 EMERGENCY PREPAREDNESS ........................................................................................ 54
22.1 Emergency Preparedness ....................................................................................................... 54 SECTION 23.0 COURT APPEARANCES ................................................................................................... 54
23.1 Employees - Civil Trials ............................................................................................................ 54 SECTION 24.0 OUTSIDE EMPLOYMENT ................................................................................................ 54
24.1 Outside Employment - Non-management Personnel ............................................................ 54
24.2 Application for Permit to Engage in Outside Employment..................................................... 55
24.3 Maximum Hours Permitted in Outside Employment ............................................................. 55
24.4 Injuries Resulting from Outside Employment ......................................................................... 55
24.5 Outside Employment and Sick Leave ...................................................................................... 55
24.6 Outside Employment--Management Personnel ..................................................................... 55 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS.................... 57
25.1 Reimbursement Policy ............................................................................................................ 57 SECTION 26.0 CITY VEHICLES AND DRIVERS ......................................................................................... 57
26.1 Use of City Vehicles and Equipment ....................................................................................... 57
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26.2 Employee Driving Habits ......................................................................................................... 57
26.3 Motor Vehicle License............................................................................................................. 57
26.4 California Vehicle Code Restrictions ....................................................................................... 57
26.5 Pool Cars ................................................................................................................................. 58
26.6 Use of Personal Vehicle for City Business ............................................................................... 58
26.7 City Vehicles and Employees on Standby Basis ...................................................................... 58
26.8 Procedure for Accidents ......................................................................................................... 58
26.9 Service of City Vehicles ........................................................................................................... 58
26.10 Mileage for Evening Meetings .............................................................................................. 58
26.11 Mileage for Out-of-Town Meetings ...................................................................................... 58
26.12 Mileage for Employee's Car on City Business ....................................................................... 59
26.13 Seat Belts .............................................................................................................................. 59 ADDENDUM "A" ............................................................................................................................. 60 I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP ................................... 60 Campbell Municipal Employees Association ................................................................................... 60 Campbell Police Civilian Employees Association ............................................................................. 60 Northern California Carpenters Regional Council ............................... Error! Bookmark not defined.
Management Employees ................................................................................................................. 60 Confidential Employees ................................................................................................................... 60 II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS ...................................................................... 60
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
1 PART I – DEFINITIONS
SECTION 1.0 DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be defined as follows:
Allocation: The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.
Anniversary Date: (See Review Date)
Appointing Power: The City Manager and/or Department Head who has the authority to make appointment to the position to be filled.
Class: All positions sufficiently similar in duties, authority and responsibility to permit grouping under a common title, and the application with equity of common standards of selection, tran sfer, promotion, and salary.
Classified Non -Management Service : All positions of employment within the service of the City except positions filled by management employees. (See definition of "Management Employee" in the City's Employer - Employee Relations Resolution No. 6647.)
Classified Management : Those positions filled by management employees, except those classifications defined as "Unclassified Management" in this Section.
Demotion: The movement of an employee from one class to another class havi ng a lower maximum rate of pay.
Eligible: A person whose name is on an employment list.
Employee Organization : Means an organization recognized in accordance with Section 9 of the City's Employer-Employee Relations Resolution No. 6647.
Employment List:
Open Employment List: A list of names of persons who have taken an open competitive examination for a position in the Classified service and have qualified.
Promotional Employment List: A list of names of persons who have taken a promotional examination for a position in the Classified service and have qualified.
Examination: Open Competitive Examination: An examination for a particular class which is open to all persons meeting the requirements for the position.
Promotional Examination : An examination for a particular class, admission to the examination being limited to permanent and probationary employees i n the Classified service who meet the requirements for the position.
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Packet Pg. 656
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
2 PART I - DEFINITIONS (cont.)
Continuous Examination : An open competitive examination administered periodically resulting in the placement of names, in order of final scores, on an employment list for a period of one year.
Injury Leave : Necessary leave arising out of and in the course of employment as defined by Workers' Compensation laws, State of California Labor Code.
In-Service Training : Any class, seminar, workshop, training course or conference participated in by an employee while working for the City.
Interested Party: Any individual or agency affected by these rules and regulations.
Majority Representative: Means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit (see Employer-Employee Relations Resolution No. 6647).
Management Personnel : Management employees as defined in the City's Employer -Employee Relations Resolution No. 6647.
Merit Salary Increases : Advancement through the steps of a salary range, based on satisfactory job performance, at specified time intervals.
Municipal Employee Relations Officer: The City Manager or his duly authorized representative.
Normal Workweek: A normal workweek is defined as five working days unless modified by the Department Head with the approval of the City Manager.
Permanent Employee: An employee who has successfully completed his/her probationary period and has been retained as hereinafter provided in these rules.
Permanent Part -time Employee : An employee appointed on a part -time basis to an autho rized position with partial benefits.
Personal Effects: Those items worn or carried by the employee in the line of duty.
Personnel Officer: Shall be the City Manager or his delegated representative.
Pool Cars: City vehicles designated for use by empl oyees on a "sign -out" basis. Not applicable to vehicles permanently assigned to specified Management or standby personnel.
Probationary Period: A working test period during which an employee is required to demonstrate fitness for the assigned position by actual performance of the duties of the position.
Promotion: The movement of an employee from one class to another class having a higher maximum pay rate.
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Packet Pg. 657
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
3 PART I – DEFINITIONS (cont.)
Provisional Appointment : An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles and until an eligibility list can be established within the following six month period.
Reclassification: Allocation by the Personnel Officer of an individual position to another more appropriate classification, whether new or already created.
Reinstatement: The reemployment without examination of a former permanent or probationary employee.
Review Date: A date set following a beginning level or promotional appointment, on which an employee is due for a performance evaluation, or is eligible for status cha nge, or should be considered for a merit increase. A date sometimes referred to as an "anniversary date."
Suspension: The temporary separation from the service, without pay, of an employee for disciplinary purposes.
Temporary Employee: An employee appointed on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature either on a full -time or part-time basis. Such appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law.
Total Compensation: The total remuneration, including salary, applicable economic employee benefits, and working conditions received by the employee from the City.
Transfer: A change of an employee from one position to another in the same class or in a comparable class.
Unclassified Management: The following Management classes are defined as "Unclassified Management" positions: City Manager, Public Works Director, Police Chief, Community Development Director, Finance Director, Recreation and Community Services Director, and Administrative Services Director.
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Packet Pg. 658
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
4 PART II - EMPLOYMENT
SECTION 2.0 GENERAL PROVISIONS
2.1 Fair Employment
No question in any test, application form, or in any other personnel proceeding by any appointing authority shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless required for compliance with any federal or state law or regulation regarding equal opportunity in employment. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner by any consideration of race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless such physical or mental disability precludes the performance of an essential job function.
2.2 Violation of Rules
Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion or dismissal.
2.3 Amendment and Revision of Rules
Amendments and revisions may be suggested to the City Council by any interested party and shall be submitted to t he City Council through the City Manager's Office. Proposed amendments or revisions to these rules shall be publicly posted for at least five consecutive days prior to consideration by the City Council. At the time of consideration, any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council.
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Packet Pg. 659
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
5 SECTION 3.0 CLASSIFICATION PLAN
3.1 Preparation of Plan
The Personnel Officer, or a person or agency employed for that purpose, shall ascerta in and record the duties and responsibilities of all classified and unclassified positions and, after consulting with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specifications including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and ch aracter of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.
3.2 Adoption and Revision of Plan
The classification plan s hall be adopted and may be amended from time to time by resolution of the City Council. At the time of consideration, any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any intereste d party and shall be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed classification plan, amendments or revisions shall be publicly posted at least five days prior to City Council Action.
3.3 Allocation of Positions
Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the management and non-management service to one of the classes established by the plan.
3.4 New Positions
When a n ew position is created, before it may be filled, the appointing authority shall notify the Personnel Officer and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position until the classif ication plan shall have been amended to provide therefore and an appropriate employment list established for such position.
3.5 Reclassification
Positions, the duties of which have changed materially so as to necessitate reclassification, shall b e allocated by the Personnel Officer to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions.
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Packet Pg. 660
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
6 SECTION 4.0 COMPENSATION
4.1 Preparation of Plan
The Personnel Officer or the person or agency employed for that purpose shall prepare a compensation plan covering all classifications.
4.2 Classified Non-Management
The basic criteria and survey techniques used in determining the rec ommended total compensation plan for the meeting and conferring sessions with employee representatives of classified non -management personnel shall be guided by the following policies:
A. To observe the principle of equal pay for equal work, through the grouping of positions, involving substantially similar duties into classes and then setting salary ranges for these classes in proper relationship to each other.
B. To provide pay range differentials that recognize differences among classes with regard to skill, difficulty, responsibility and exercise of supervisory and administrative responsibilities.
C. To recognize compensation levels and trends in comparable governmental jurisdictions in order to keep compensation generally in line and competitive w ith compensation in those jurisdictions. The geographic area from which comparable governmental jurisdictions will be selected are the Counties of Santa Clara, San Mateo and Alameda.
Among the criteria to be considered in selecting comparable governmenta l jurisdictions will be: population, number of employees, tax base, and common service areas. Should the City propose any change to either the benchmark positions or jurisdictions utilized in the compensation survey, the affected employee organization wi ll be notified and allowed to review and discuss the proposed change prior to the preparation of the compensation data.
D. To provide sufficient flexibility in both compensation policy and administration to meet the needs of those in City service.
E. To encourage new and imaginative approaches and solutions to compensation problems.
F. To adopt a classification and compensation plan which represents a reasonable expenditure to the City taxpayer and is consistent with the City's ability to pay for said plan on both a short and long term basis.
4.3 Management
Recognizing that effective operation of local government requires the attraction and retention of qualified management personnel, the basic criteria used in determining the recommended compensation plan for management personnel shall be guided by the following policies:
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Packet Pg. 661
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
7 4.3 Management (continued)
A. To provide a compensation plan for management personnel which will enable the City to recruit, promote, train and retain qualified and co mpetent personnel at each level of management.
B. To recognize the City's requirements and expectations from management personnel which may require elements of a compensation plan which shall be applicable only to management personnel.
C. To establish salary ranges for management personnel which are based on the following factors:
1. Salary relationship to top subordinate - A department head should be in a salary range which is a minimum of 10 percent above the top step of the range of his highest salari ed assistant or division head. An assistant or division head should be in a salary range which is a minimum of 7 -1/2 percent above the top step of any of the management or non -management personnel under his or her direct supervision.
2. Degree of risk-taking and impact on City if error in judgment is made.
3. Compensation of subordinate personnel.
4. Years of service - Management personnel with years of service to the City should deserve consideration for this additional experience.
5. Education and experience requirements.
6. Number of employees/responsibility.
7. Extra duties and assignments delegated by City Manager.
8. Performance.
D. To establish a compensation plan which is competitive with comparable management positions in cities of comparable size and operations.
4.4 Adoption of Plans
The non -management compensation plan shall be adopted and may be amended from time to time as Memorandums of Understanding are mutually agreed to by the City Council and employee organizations or other second par ties, as permitted by State legislation. Management compensation plans shall be adopted from time to time upon recommendation of the City Manager. Amendments and revisions to the plans may be suggested to the City Council by any interested party and shal l be submitted to the City Council through the City Manager's Office. Notice of City Council consideration of the proposed amendments or revisions to the compensation plan shall be publicly noticed at least five days prior to City Council action. Revisio ns or amendments involving replacements or promotions within the current plan shall be noticed as an item on the City Council agenda.
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Packet Pg. 662
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
8 SECTION 5.0 RECRUITMENT
5.1 Announcement
All examinations for positions in the classified non-management and management service shall be publicized by posting announcements in the City Hall on official bulletin boards and by such other methods as the Personnel Officer deems advisable. Special recruitment shall be conducted, if necessary, to insure that all segments of the community are aware of forthcoming examinations. The announcement shall specify the title and pay of the position for which the examination is announced; the nature of the work to be performed; typical duties; qualification requirements for the position; the manner of making application and any other pertinent information.
5.2 Request for Application Forms
Applications will not be given out to people inquiring about City positions unless there is an opening. Names and addresses of people inquiring about openings with the City shall be placed on an employment mailing list and retained for a period not to exceed six months. Such applicants shall be notified by mail of any applicable vacancies occurring during that period.
5.3 Application Forms - Following an Announcement
Application shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience and other pertinent details, and may also require that birth certificates, high school diplomas, college transcripts and certificates of one or more examining physicians, and/or references be attached. All applications must be signed by the person applying.
5.4 Disqualification
The Personnel Officer shall reject an y application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position; is addic ted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in his application. Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.
5.5 Disqualification – Nepotism
It is the policy of the City of Campbell to remain free from nepotism and, therefore, the following rules have been established for City employment:
A. Members of the immediate family of City Counci lmembers may not be employed by the City during the Councilmember's term of office.
B. Members of an immediate family may not be employed simultaneously by the City in positions where family influence and/or relationship might affect supervision, safety, security, or morale in a manner detrimental to the conduct of City business, or where such relationships may result in conflicts of interest.
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Packet Pg. 663
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
9 5.5 Disqualification - Nepotism (continued)
C. Should an "immediate family" situation arise during employment, and should such relationship give rise to violation of subsection A or B, management will make every effort to transfer one of the members of the immediate family to a position where these provisions would not be violated. If such a transfer is not possib le or practical, a choice will be given to the persons involved as to which will leave City employment. If such a choice is not made within 30 days of the creation of the conflict, the City Manager shall, in his or her sole discretion, terminate the emplo yment of one member of the family.
D. "Immediate family" is defined as spouse, father, mother, brother, sister, son or daughter, grandmother or grandfather, grandson or granddaughter.
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Packet Pg. 664
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
10 SECTION 6.0 EXAMINATIONS
6.1 Nature and Types of Examinations
The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the p ersons examined to execute the duties and responsibilities of the position to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical examinations, or any combination of these or other tests. The probationary period shall be considered as an exten sion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the classification, covering only factors related to such requirements.
6.2 Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer after consultation with the respective department head, the needs of the service require. Promotional examinations may include any of the sel ection techniques mentioned in 6.1, or any combination of them.
Only permanent or probationary employees who meet the requirements set forth in the promotional examination announcement may compete in such an examination.
6.3 Continuous Examinations
Open competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists as prescribed in Section 7.0.
6.4 Conduct of Examination
The C ity Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrang e for the use of public buildings and equipment for the conduct of examinations.
6.5 Scoring Examinations and Qualifying Scores
A candidate's score in a given examination shall be based on his/her scores in each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subsequent parts of an examination. The Personnel Officer may, a t his discretion, include as a part of the examination tests which are qualifying only.
6.6 Notification of Examination Results
Candidates in an examination shall be given written notice of the results thereof and, if successful, of their final score on the examination.
6.7 Cooperative Testing
The Personnel Officer may cooperate with other governmental agencies charged with personnel administration in conducting joint recruitment and testing for the establishment of common eligibility lists.
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Packet Pg. 665
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
11 SECTION 7.0 EMPLOYMENT LISTS
7.1 Employment Lists
As soon as possible after the completion of an examination, the Personnel Officer shall prepare and keep available an employment list consisting of the names of candidates who qualif ied in the examination arranged in order of final scores from the highest to the lowest qualifying score.
7.2 Duration of Lists
Employment lists shall remain in effect for one year unless sooner exhausted or abolished by the Personnel Officer, and may be extended for additional periods prior to their expiration date by action of the Personnel officer. In no event shall an employment list remain in effect for more than two years. Open competitive lists created as the result of continuous examinations sha ll remain in effect for one year after the last administration of such examination unless sooner exhausted. Names placed on such lists shall be merged with any others already on the list in order of final scores and shall remain on the list for one year.
Whenever there are fewer than three names on a promotional or open competitive list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a new employment list.
7.3 Removal of Names from Lists
The name of any person appearing on an employment, reemployment or promotional list shall be removed by the Personnel Officer if the eligible reque sts in writing that his name be removed; if the person fails to respond to a notice of certification mailed to his/her last known address; if the person has been certified for appointment three times and has not been appointed; or for any of the reasons sp ecified in 5.4 of these rules. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of persons on promotional employment lists who resign from City service shall automatically be dropped from such lists.
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Packet Pg. 666
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
12 SECTION 8.0 METHOD OF FILLING VACANCIES
8.1 Types of Appointments
All vacancies shall be filled by transfer, demotion, reemployment, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate employme nt list, if available. In the absence of such eligible persons, provisional appointments may be made in accordance with the Personnel Ordinance and these rules. Appointments to positions in the City service fall into the following categories:
A. Permanent Full-Time: Appointment on a full-time basis to an authorized position.
B. Permanent Part -Time: Appointment on a part -time basis to an authorized position with partial benefits.
C. Temporary: Appointment on an "as needed" basis for work which is anticipated to be of a temporary or intermittent nature, either on a full -time or part -time basis. Such appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law. The status of those employees in this employm ent class shall be reviewed after six months to determine whether or not continuation of employment is necessary. No special credit or consideration for service shall be given to a temporary appointee in qualifying for a permanent appointment.
D. Provisional: In the absence of appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by provisional appointment. The City Manager, with the approval of the City Council, may extend the period for any such appointment for not more than 30 days by any one action. No special credit or considera tion for service shall be given to a provisional appointee in qualifying for a permanent appointment.
E. Limited Term: Limited term positions may be used to staff specific projects of functions for which funding is limited or uncertain. Limited term appointments enable the City to efficiently and fairly staff certain positions. Limited term employees will receive staff benefits and will be advised of the length of employment prior to accepting an offer. Furthermore, such appointments are “at -will” and end when funds are no longer available, or when the project workload is complete.
8.2 Notice to Personnel Officer
Whenever a vacancy in the competitive service is to be filled, the appointing power shall notify the Personnel Officer.
8.3 Certification of Eligibles
The Personnel Officer shall provide the names of persons eligible for appointment in the following order:
Requests for transfer or demotion.
Names on reemployment list (see 13.3G).
Names on promotional list.
Requests for reinstatement (see 12.5).
Names on open competitive list.
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Packet Pg. 667
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
13 Section 8.0 - Method of Filling Vacancies (continued)
8.4 Order of Employment
The appointing power may fill a vacancy by transfer or demotion. If not filled by transfer or demotion, an appointment would be made to the person at the top of the reemployment list if one exists. If not filled as noted above, the vacancy may be filled from the promotional list. If the vacancy is not filled by transfer, demotion, reemployment or from a promotional l ist, the appointing power may fill the vacancy from the reinstatement or open competitive list provided that, if three or more names exist on the promotional list, the appointment shall be made from such list.
8.5 Appointment
After interview and investi gation, the appointing power shall make appointments from among those certified and shall immediately notify the Personnel Officer of the persons appointed. The person accepting the appointment shall present himself to the Personnel Officer or a designated representative for processing on the date of appointment or at a later date as arranged. If the applicant accepts the appointment and presents himself for duty at such time as the appointing authority shall prescribe, he shall be deemed to be appointed; otherwise, he shall be deemed to have declined the appointment.
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Packet Pg. 668
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
14 SECTION 9.0 PROBATIONARY PERIOD
9.1 Objective of Probationary Period
The probationary period shall be considered a part of the testing process for appointments to permanent full and part-time positions, and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee in the new position. If a probationary employee is off work, for any reason, for more than 4 consecutive weeks, the employee's probationary period will be extended accordingly.
9.2 Probationary Period--Non-management Positions
All original appointments shall be tentative and subject to a probationary period. The following non - management classifications shall serve probationary period as outlined below:
Employees represented by CMEA shall serve a probat ionary period of not less than six months of service.
Employees represented by CARP shall serve a probationary period of not less than twelve months of service.
Police Officer Trainee Appointments – upon date of hire and 18 months following the date of swearing in as a Police Officer
Police Officer Lateral Appointments – 18 months from the date of hire Police Promotional Appointments – 12 months from the date of promotion Police Records Specialists, Public Safety Dispatchers, Police Records Supervisor, and Communications Supervisor shall serve a probationary period of one year.
All promotional appointments shall be tentative, and subject to a probationary period of not less than six months of service.
The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probatio ner shall be notified two weeks prior to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfa ctory, the employee shall be rejected unless an extension of the probationary period (9.4) is requested.
9.3 Probationary Period - Classified and Unclassified Management Positions All original and promotional appointments shall be tentative and subject to a probationary period of not less than one year. The appointing power may establish a longer probationary period for original and promotional appointments for specific classes. The Personnel Officer and the probationer shall be notified two weeks pri or to the termination of any probationary period as to whether or not the services of the probationary employee have been satisfactory. If satisfactory, the employee shall receive a permanent appointment and if unsatisfactory, the employee shall be reject ed unless an extension of the probationary period (9.4) is requested.
9.4 Extension of Probationary Period
The Personnel Officer may grant an extension of the probationary period, if the probationary employee has been absent from his/her job for a conse cutive period of four weeks or more. If extended, the probationary period will be extended an amount of time equal to the length of absence.
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Packet Pg. 669
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
15 Section 9.0 – Probationary Period (continued)
9.5 Rejection of Probationer
During the probationary period of an original appointment, an employee may be rejected at any time by the appointing power without cause and without the right of appeal or to file a grievance. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer.
9.6 Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period, by reason of failure of the appointin g power to file a statement that his/her services have been satisfactory, shall be reinstated to the position from which he/she was promoted unless charges are filed and he/she is discharged in the manner provided in the Personnel Ordinance and these rules. (For employees represented by CPCEA and CPOA, see the SEIU 1996 MOU and the CPOA 1997 MOU for a different provision on this subject.)
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Packet Pg. 670
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
16 SECTION 10.0 PERFORMANCE EVALUATIONS
10.1 Evaluation of Employee Performance
It is the responsibility of departm ent heads and/or supervisors to prepare periodic evaluations of performance results to measure and record the employee's actual performance. Strengths and weaknesses will be documented and recommended courses of corrective action outlined for correction a nd improvement. Such service rating plans shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties.
A. Performance ratings shall accompany all requests for merit increases. Employees at the "E" step shall have their performance evaluated annually, with the exception of those departments that require regular performance rating throughout the year.
B. Performance evaluations shall be based upon forms prescribed by the Personnel Officer. Service ratings shall be based upon the independent judgment of one or more supervisory personnel, including the immediate supervisor of the employee being rated. The completed performance report shall be presented to the employee for review and signature, and then forwarded to the Personnel Officer for review and any appropriate action.
C. Employees shall have the right to appeal a performance evaluation when th ey believe the performance ratings received are unfair. Appeals will be processed through the grievance procedure provided for in Section 20.0 of these rules.
D. Performance ratings shall be taken into consideration for purposes of rejection, discharge, demotion, promotion, transfer, permanent status, and merit increases.
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Packet Pg. 671
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
17 SECTION 11.0 PAYDAY AND PAY ADJUSTMENTS
11.1 Payday
Pay periods will be on a biweekly basis ending at midnight on Sunday. Payday will fall on a Thursday in the second week following the end of each pay period. If payday falls on a holiday, employees will be paid on the last working day preceding the regular payday. The Finance Director shall prepare, or cause to be prepared, a biweekly salary roll. The City Council shall audit said payroll at its first regular meeting following the preparation of the salary roll and shall require adjustments in the event of errors appearing in said payroll.
11.2 Application of Rates
Employees occupying a position in the City service shal l be paid a salary or wage established for that position's class under the pay plan. The minimum rate, if provided, for the class generally shall apply to employees upon original employment. However, the City Manager may, when circumstances warrant it, authorize original appointment or reinstatement at other than the minimum rate.
11.3 Merit Salary Increases
Merit salary increases provide for advancement through the steps of a salary range, based on satisfactory job performance, at specified time interv als. Such increases shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, performance record, special training undertaken, or othe r pertinent evidence, within the advancement policy established by the pay plan. Employees hired or placed at the "A" step following transfer, promotion, demotion, reclassification or for any other reason shall be eligible for a merit salary increase on q ualifying for permanent status or after six months of satisfactory service, whichever comes first. Employees hired or placed above the "A" step shall not be eligible for a merit salary increase until one year from such initial action whether by hire, tran sfer, promotion, demotion, reclassification or other reason.
11.4 Anniversary Date
The anniversary date of each employee shall be as follows:
A. Miscellaneous and safety employees hired at "A" step: The date employee completes six months of satisfactory service and becomes eligible for first merit salary increase.
B. Miscellaneous and safety employees hired above "A" step: The date employee completes one year of satisfactory service and becomes eligible for first merit salary increase.
11.5 Salary Change Effective Date
For purposes of compensation during any period in which a biweekly payroll system is in effect in the City of Campbell, all merit salary increases will be effective on the first day of the pay period following employee's anniversary date.
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Packet Pg. 672
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
18 11.6 Beginning and Terminating Pay Computations
Computing the paycheck of an employee commencing or terminating service with the City:
A. Employees beginning service on the first working day of a pay period (i.e. Monday, or Tuesday if Monday is a holiday) shall be deemed to have worked the entire pay period.
A holiday shall be deemed to have been a day worked.
B. Employees terminating service after having worked all regular working days in a pay period shall be deemed to have worked the entire pay period; holidays deemed to have been days worked.
C. Employees beginning or terminating service on other than the first or last working day of a pay period shall have salary and fringe benefits computed on an hourly basis.
Holidays shall be deemed to have been days worked. The hourly rate shall be computed by dividing the annual salary by 2080 hours for those employees working a 40 -hour workweek.
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Packet Pg. 673
Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
19 SECTION 12.0 TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT
12.1 Transfer
No person shall be transferred to a position for which he/she does not possess the minimum qualifications.
Upon approval by the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involving the performance of similar duties and requiring substantially the same basic qualifications. If the transfer involves a change from one departmen t to another, both department heads must consent thereto unless the City Manager orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be acc omplished only as provided in the Personnel Ordinance, pay plan or by these rules.
12.2 Promotion
Insofar as consistent with paragraphs 8.3 and 8.4, all vacancies may be filled by promotion from within after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Officer, after consultation with the respective department head, a vacancy could be filled better by an open competitive examination instead of a promotional examination, then the Personnel Officer shall arrange for an open competitive examination and for the preparation and certification of the appropriate employment list.
12.3 Demotion
The appointing power may demote an employee whose ability to perform his/her required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing power, demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qual ifications. Demotions shall be made in conformance with paragraph 12.6.
12.4 Suspension
The appointing power may, after review with the Personnel Officer, suspend an employee from his position at any time for a disciplinary purpose. Suspension withou t pay shall not exceed 30 calendar days, nor shall any employee be penalized by suspension for more than 30 calendar days in any fiscal year. Department heads may suspend a subordinate employee for not more than three working days at any one time, and not more than once in a 30 calendar day period. The City Manager may suspend an employee for up to 30 calendar days in any fiscal year. Suspensions shall be made in conformance with paragraph 12.6 below.
12.5 Reinstatement
With the approval of the appoi nting power and the Personnel Officer, a permanent or probationary employee who has resigned with a good record may be reinstated within one year of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement , former service credit with the City shall be restored for the purpose of determining appropriate vacation accrual rate, number of vacation hours retainable, compensation percentage for unused sick leave pay -out at termination and seniority order for redu ction in force provisions. Sick leave balance will not be restored and for all other purposes the employee shall be considered as though he/she had received an original appointment.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
20 12.6 Pre-Disciplinary Hearing Procedures
Prior to taking disciplinary action against a permanent employee, the appointing authority will:
A. Serve the employee with a notice of the proposed action and the reasons for it.
B. Provide a copy of the charges and materials upon which the action is based to the employee.
A copy of items covered in 12.6 "A" and "B" will be immediately forwarded to the Personnel Officer. The employee has the right to respond verbally or in writing to the appointing authority initially imposing the discipline prior to the disciplinary action being taken. In order to exercise this right, the employee must respond within three working days of the date of being informed of the proposed action. The employee may appeal a final decision of the appointing authority if provided for in the Personnel Rules and Regulations.
For the purposes of paragraph 12.6, "disciplinary action" shall be defined as salary step reduction, suspension, demotion or dismissal. "Appointing authority" shall, for the purposes of this section, be defined as department head for any suspension of three days or less, and as City Manager for any suspension of more than three days, demotion or dismissal.
Disciplinary action may be taken without regard to the provisions of 12.6 under extraordinary or emergency circumstances with the approval of the City Manager.
12.7 Disciplinary Action--Police Officers
When disciplinary action is being considered against a Police Officer, those City employees and/or officials investigating or considering such disciplinary action shall be cogni zant of and follow provisions of the State Government Code pertaining to the investigation and discipline of Police Officers.
12.8 Just Cause For Discipline
The following list of causes are provided as a guideline for supervisors, department heads and em ployees as to what may constitute the proper basis for disciplinary action. Just cause for discipline may include but not be limited to the following:
A. Absence from duty without approval including: abandonment of position; abuse of sick leave; neglect of duty; failure to keep required work hours.
B. Failure to adhere to or comply with approved operational or safety guidelines including:
unauthorized use of time, equipment or material; unauthorized use of City property, funds, and records.
C. Being u nder the influence of any illegal drug, narcotic or alcoholic beverage during working hours.
D. Acts which in the determination of the City Manager reflect negatively on the operation of the City including: dishonesty; insubordination; fraud, misrepresentation, false information in securing appointment or promotion; any form of intentional harassment.
E. Intentional abusive treatment of a citizen, supervisor, or fellow employee.
F. Conviction of a serious criminal offense, which in the determination of the City Manager
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
21 reflects negatively on the City.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
22 SECTION 13.0 SEPARATION FROM THE SERVICE
13.1 Discharge
An employee may be discharged at any time by the appointing power for good and sufficient cause. The proposed discharge will be reviewed with the Personnel Officer prior to implementation. Discharges shall be made in conformance with paragraph 12.6.
13.2 Discharge--Unclassified Management Personnel
An employee in the unclassified management service may be discharged at any time by the City Manager. In lieu of discharge, the unclassified management employee may be permitted by the City Man ager to resign.
Prior to the effective resignation date, the City Manager may assign the unclassified manager duties other than his/her normal duties for a period of time not to exceed three months. The decision of the City Manager shall be final with no right of appeal.
13.3 Reduction in Force
A. Purpose: To establish layoff procedures to be implemented when the City determines that a reduction in force is to be accomplished in City departments, because of a change in duties or organization, abolition of position(s), shortage of work or funds, or the completion of work.
B. Order of Layoff : When one or more employees in the same classification in a City department are to be laid off, the order of layoff shall be as follows:
1. Provisional workers in inverse order of seniority.
2. Probationary workers in inverse order of seniority.
3. Permanent workers in inverse order of seniority.
Should two or more employees in the same classification, with the same status (1, 2, or 3 above) have equal seniority, the order of layoff shall be determined by superiority in performance as documented on the employee's performance evaluation(s). If there are no performance evaluations, or such evaluations are essentially equal, the order of layoff shall be in inverse order of ranking on the eligibility list.
C. Seniority Defined : Length of paid employment with the City of Campbell in a regular classification(s) in position(s) with permanent status. Seniority shall be retained but not accrued during any period of leave without pay. Time served as a probationary employee in a regular classification(s) in permanent position(s) shall be included in determining seniority.
Time spent serving in an acting capacity in a higher classification , following a formal appointment approved by the City Manager's Office, shall be counted when determining seniority should the employee later be permanently appointed to that higher classification. To count as time "in class," the acting appointment must have been on a full-time, continual basis for a minimum of three (3) months, and must have had a salary differential paid for the term of the assignment.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
23 13.3 Reduction in Force (continued)
D. Notification: Employees to be laid off shall be given writt en notification of such action (including a copy of this section of the Personnel Rules and Regulations). Whenever possible, such notification shall be given a minimum of twenty (20) working days prior to the effective date of the layoff. Upon request, a n employee so notified shall have the opportunity to meet with City representatives to discuss the circumstances requiring the layoff.
E. Reassignment in Lieu of Layoff : Within five (5) working days of notification of layoff, employees who wish to be reassigned in lieu of layoff will notify the City of their intention to exercise one of the following options:
1. Vacancies: An employee shall be allowed to transfer to a vacant position either in the same classification, or in a lateral or lower classifica tion in which the employee has held permanent status in the same or a different department. The requirement that the employee(s) have held permanent status in that classification may be waived if the appointing power certifies that the employee has the ne cessary education, experience and training for that position.
2. Displacement: An employee shall be allowed to return to (a) a lateral or lower classification in his/her current department providing the employee previously held permanent status in that c lassification, or (b) a lateral or lower classification in another department in which the employee previously held permanent status, providing that the employee served no less than six (6) months in that department.
In both (a) and (b), the employee must have more seniority (in that and higher classification(s)) than the least senior employee in that classification in the department in question.
The employee shall only have the right to displace if there are no vacancies that the employee is qualified to fill at the same or a higher level than the highest level which that employee is qualified to fill through displacement. Such reassignments are only permissible if the employee is fully qualified, trained and capable of performing all work in the new position/classification as determined by the appointing power. If the appointing power determines that the employee is not fully qualified, trained and capable of performing all the work in the new position/classification, the reasons for such a determination shall be provided in writing to the employee, who shall be given the opportunity to respond to these reasons.
F. Exceptions: Notwithstanding the foregoing, if the appointing power determines that the public interest will not be served by application of the preceding criteria, the appointing power may lay off out of seniority order on the basis of a clearly demonstrable superiority in performance and/or qualifications. In such a case, the appointing power shall notify the employee to be laid off, in writing, specifying the basis for such a determination.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
24 13.3 Reduction in Force (continued)
G. Reemployment: The names of employees laid off in accordance with provisions of this section shall be placed on a reemployment list if their servic es have been satisfactory.
Names shall be placed on a classifications reemployment list in order of seniority. In the event that a person on layoff declines reemployment to a vacant position or cannot be contacted through telephone and certified mail wit hin fifteen (15) working days, such persons' names shall be removed from the reemployment list. A reemployment list will remain in effect for two (2) years unless specifically extended, or sooner exhausted. Upon reinstatement an employee will be eligible for all benefits acquired by the employee prior to the layoff, including prior sick leave accruals (providing the employee did not receive cash payment in lieu of same), vacation accrual rate and seniority. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.
H. Appeals: Interpretations of the provisions of this section may be appealed through the grievance procedure in Section 20.0 of the Personnel Rules and Regulations. Such grievances must be f iled within five (5) days of notification of the proposed action. For the purpose of appealing interpretations of this section, the steps in the grievance procedure prior to the meeting with the City Manager shall be deleted. The filing of a grievance shall not prevent the City from implementing the layoff pending final resolution of the grievance. The reasons or necessity for the layoff shall not be subject to the grievance procedure or appeal.
I. Assistance to Laid-off Employees:
1. During the notifi cation period, the City will provide a reasonable amount of paid time off --as approved by the Department Head so as not to be disruptive to departmental operations--for the employee to seek other employment.
2. The City's Personnel Services Division will provide in-house assistance in the areas of resume preparation and typing, benefit counseling, and public sector job vacancy information.
13.4 Resignation
An employee wishing to leave City service in good standing shall file with the appointing power a written resignation stating the effective date and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by such official. Failure to give notice as required by this rule may be cause for denying future employment by the City.
13.5 Separation Date
Upon termination, the effective separation date shall be the last day on the City payroll.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
25 SECTION 14.0 REPORTS AND RECORDS
14.1 Roster Cards
The Personnel Officer shall maintain a service or roster car d for each employee in the service of the City showing the name, social security number, birth date, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent.
14.2 Change of Status Reports
Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Personnel Officer. Copies of such personnel transactions shall be provided for t he Human Resources Division, the Finance Department, and the affected department.
14.3 Destruction of Records
Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, applications, examinations and reports may be destroyed pursuant to the Government Code of the State of California. Any temporary record may be destroyed at any time with the consent of the City Council and the City Attorney.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
26 SECTION 15.0 COOPERATION
15.1 Cooperation of Municipal Officers and Employees
Every officer and employee of the City of Campbell shall cooperate with the Personnel Officer in order to completely fulfill the objectives and purposes of the Personnel Ordinance and these rules.
15.2 Applications of Rules
These rules shall apply to all departments in the City service. Any department head with the approval of the City Manager may establish special rules of that department to meet the needs of the department or any of its divisions, so long as said rules and regulations are consistent with and do not conflict with the Personnel Rules and Regulations as set forth herein.
15.3 Gifts and Payments
No employee shall receive any compensation for any service performed with his/her duties as a City employee from any source other than the City of Campbell.
15.4 Directives
Unless just cause can be given, any employee who fails to comply with any reasonable directive by a superior to whom he/she is responsible shall be subject to disciplinary action.
15.5 Financial Affairs
Employees shall so arrange their personal financial affairs so that credit and collection agencies will not have to make use of the offices of the City. Failure to conduct private financial affairs in a manner so as not to negatively affect job performance or the operations of the City may be grounds for disciplinary action.
15.6 Notification of Address
Employees shall notify the Personnel Officer of any change of address or telephone number within ten days.
15.7 Official Personnel Files
The only official personnel files of the City will be those maintained by the Personnel Officer. Any other files shall have no official status.
15.8 Substance Abuse
It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. With regard to this responsibility, it is in the best interest of the City, its employees, and the public to insure that employees do not appear for work un der the influence of drugs or alcohol, or possess, use, or sell illegal substances or alcohol while at work. Such conduct is prohibited since it is likely to result in reduced productivity, an unsafe working environment, poor morale, increased potential liability to the City and possible criminal charges. "Under the influence of drugs" means the use of any illegal substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance and/or the ability to use Cit y property or equipment safely. The City encourages and will support employees who seek assistance with substance abuse problems as early as possible by utilizing the employee assistance program provided through the City or a program of their choice. Emp loyees who have been counseled by their supervisor and do not seek assistance or do not correct drug or alcohol problems after participating in an assistance program, may be subject to disciplinary action. Where there is reasonable cause to believe an emp loyee is under the influence of drugs or alcohol and is unable to effectively and safely perform his/her job duties, the City may require a medical examination on City time and at City expense.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
27 PART III – TOTAL COMPENSATION
SECTION 16.0 ATTENDANCE AND LEAVES
16.1 Purpose of Annual Vacation Leave
The purpose of annual vacation leave is to enable each eligible employee to return to his work mentally refreshed. All employees shall be entitled to annual vacation leave with pay except the following:
A. Employees who work on a provisional basis, temporary basis, and all employees who work less than 1040 hours a year.
16.2 Vacation Accrual Rates
All employees in miscellaneous, safety and permanent part -time positions shall earn vacation cr edits as follows:
A. Miscellaneous and Safety Employees with a 40-Hour Workweek:
Years of Service (uninterrupted)
Hours Accrued
Per Pay Period
Start of year 1 through completion of
year 4:
3.38 (11 days)
Start of year 5 through completion of
year 10:
4.92 (16 days)
Start of year 11 through completion
of year 15:
5.85 (19 days)
Start of year 16 and thereafter
6.46 (21 days)
When establishing increased accrual dates, time in the military service shall not be interpreted as an interruption of service with the City.
B. Permanent Part-time Employees:
Eligible employees in permanent part -time positions which are budgeted on a one -half time basis or greater shall be credited vacation on a prorated basis.
16.3 Use of Vacation
In order to be eligible for full annual vacation, each employee shall be required to serve the equivalent of one year of continuous service with the City. After six months of continuous service, however, each employee shall be permitted to take vacation leave not to exceed one-half of the year’s allocation.
A. Use of Vacation in Lieu of Sick Leave: Accrued vacation leave may be used in lieu of sick leave, when the accrued sick leave of an employee is not enough to provide leave with pay during an illness. Such use of vacation time as sick leave shall be computed on the basis of one sick day leave equaling one working day of vacation.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
28 16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours The times duri ng a calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee, and particular regard for the needs of the service. If the requirements of the service are such that a n employee cannot take part or all of this annual vacation in a particular calendar year, such vacation either shall be taken during the following calendar year, or paid for at the discretion of the appointing power, subject to the approval of additional f unds by the City Manager. In those years where it is impractical for classified non -management personnel to schedule a vacation, the vacation as of December 31st each year may be retained as follows:
Accrual Rate Per Pay Period
for
Employees on a 40-hour Workweek
Number of Hours Retainable
3.38 hours
192
4.92 hours
232
5.85 hours
272
6.46 hours
304
16.A CMEA Retention of Unused Vacation:
The number of retainable vacation hours, as currently specified in Section 16.4 (Vacation Scheduling, Retention of Unused Vacation, and Payout Vacation Hours) of the City’s Personnel Rules and Regulations, shall be modified as follows for all CMEA employees:
Accrual Rate Per Pay Period
for
Employees on a 40-hour Workweek
Number of Hours Retainable
3.38 hours
220
4.92 hours
250
5.85 hours
300
6.46 hours
350
Vacation hours which exceed the number of hours retainable on the last day of the pay period that contains December 31 each year will be paid out during the following February.
Management personnel may accumulate and retain their vacation leave to a maxi mum of 520 hours as of December 31 of each calendar year. This limitation may be temporarily waived by approval of the City Manager when special circumstances exist. Use of continuous vacation leave beyond 240 hours shall require approval of the appointing authority.
In the case of employees who work a 40 -hour week, when one or more holidays fall within an annual vacation leave such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
29 16.5 Vacation Pay on Separation
Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination; however, employees retiring from the City under the PERS Retirement Plan shall have the option to us e the maximum amount of the employee vacation accrual allowance prior to established retirement date providing this is not in excess of 60 working days; or to take a lump sum payoff. Payroll checks issued to employees using accrued vacation prior to retir ement would be subject to normal deductions.
A. Vacation Pay on Separation - Probationary Period: When an employee separates from service with the City during the first six months of his probationary period of employment, he shall receive vacation pay for the hours of vacation accrued to the time of separation.
16.6 Sick Leave Accrual Rate - 40-Hour Week
For all employees who work 40 hours per week, sick leave shall be accrued at the rate of one workday for each calendar month of service, and shall be accrued at the rate of 3.69 hours per pay period. Unused sick leave shall be accumulated at the ra te of 12 days a year, or one workday per month, to an unlimited total.
For all employees, upon separation from service with the City, sick leave and fraction accruals shall cease with the last full pay period and shall not be accrued on fractions thereof. Sick Leave Accrual - Permanent Part-time Employees: Permanent part -time employees shall earn sick leave on a prorated basis, based on the earning rate of a full-time employee.
16.7 Use of Sick Leave
Sick leave with pay shall be granted to all probati onary, provisional, permanent part -time and regular full-time employees. Sick leave shall not be considered as a right that allows employees its use at their discretion, but shall be allowed only in the case of necessity and actual personal sickness or di sability. The department head shall be responsible for determining that only bona fide sick leave is taken. In order to receive compensation while on sick leave, employees shall notify their immediate superior or the Personnel Officer prior to or within 4 hours of the time set to begin the workday or as may be specified by their respective department head. In order to verify the bona fide use of sick leave, an employee may be required to file a physician's certificate or personal affidavit with the depar tment head stating the reasons for the absence.
16.8 Use of Family Sick Leave
Family sick leave is provided for use in cases where the employee's presence is required elsewhere because of sickness, disability, or death of a member of his/her immediate fa mily. Such family sick leave is charged against the employee's sick leave account. The immediate family shall consist of the spouse, children, parents, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. In each such case, the appointing power shall grant such sick leave only when, in his/her opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave.
16.9 Bereavement Leave
Bereavement leave with pay shall be granted to all probationary, provisional, permanent, part -time and regular full -time employees. Bereavement leave will not be charged against the employee's sick leave account.
Employees working a 40-hour workweek shall be granted fiv e (5) days (40 hours) for each immediate family occurrence and three (3) days (24 hours) for each other family occurrence.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
30 Immediate family shall be defined as spouse, children, parents, brothers and sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. Other family members shall be defined as the employee’s grandparents, step-children, father-in-law and mother-in-law.
16.10 Computing Sick Leave
For the purpose of computing and using sick leave, a workday shall be considered as one-fifth of the number of working or duty hours in the established 40-hour workweek for each employee.
16.11 Compensation for Unused Sick Leave
Upon termination, retirement, or death of an employee, the City shall pay for unused sick leave as follows:
5 years completed through 10 years completed service: 20% at terminal pay rate Start of year 11 through completion of year 15: 30% at terminal pay rate Start of year 16 through completion of year 20: 40% at terminal pay rate Start of year 21 and thereafter: 50% at terminal pay rate Once each year, between February 1 st and 15th, employees may request to be compensated for unused Sick Leave, according to the same service length formulas listed above, applied to current hourly salary.
Employees must retain a minimum balance of 288 hours of Sick Leave. Any payout of Sick Leave ho urs above the minimum balance will remove the remaining balance from the employee’s Sick Leave accrual account. (Example: Employee has 488 hours of Sick Leave and 16 years of service. Employee could request compensation for 200 hours of Sick Leave and w ould be paid his/her current hourly rate for 40% of the hours or 70 hours. Once compensated, employee’s Sick Leave balance would be 288 hours.)
16.12 Administrative Leave--Management Employees Only
The purpose of annual administrative leave is to provi de authorized short -term leaves of absence from the job in lieu of the many overtime hours required of management personnel, for which no monetary compensation is provided. All management employees shall be entitled to 60 hours of administrative leave with pay per calendar year.
At the beginning of each calendar year, management personnel wil l be credited with a total of 60 hours of administrative leave, which they would earn in the upcoming calendar year. New management employees will be credited with the appropriate prorated portion of this entitlement upon hire.
At the end of the calendar year, management employee s may carry over a maximum of 60 hours of administrative leave. Terminating management employees will be compensated for the balance of the ir earned administrative leave, after the balance has been reduced by the unearned portion of the calendar year.
The Classifications listed below who are members of the Executive Team will receive 80 hours of administrative leave pay per calendar year in accordance with the Personnel Rules.
Assistant City Manager
City Clerk
City Manager
Community Development Director
Deputy City Manager
Finance Director
Human Resources Manager
Information Technology Manager
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31 Police Chief
Public Works Director
Recreation and Community Services Director
At the end of the calendar year, a maximum of 80 hours of administrative leave may be carried over.
For these purposes, beginning of the calendar year means the first day of the first full pay period that begins in January and end of the calendar year means the last day of the pay period that includes December 31st.
16.13 Injury Leave
See Section 1.0--Definition of Terms.
16.14 Military Leave
Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
16.15 Leave of Absence without Pay
The Personnel Officer may gran t a permanent or probationary employee leave of absence without pay for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval must also be in writing. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.
A. Leave of Absence Without Pay --Insurance Continuation: The City will continue insurance coverages, at the employee's request, during an employee's leave of absence without pay for no more tha n six months or a lesser period as delineated in each carrier's contract.
During this period the City will contribute its usual premium contributions on behalf of the employee for a period of no more than two months. Any additional portion of the premium normally subject to payroll deductions must be reimbursed to the City by the employee.
B. In addition to the Leave of Absence provisions outlined above, the City of Campbell will provide leaves of absence and comply with related leave provisions as manda ted by State and Federal laws.
16.16 Special Leave of Absence
Any other provisions of the Personnel Rules notwithstanding, the City Manager shall have the option at his discretion and/or at the recommendation of the department head to place an employee on special leave with or without pay pending an investigation arising from an incident in which an employee may become involved and/or for reasons of emotional instability following any such incident. The City Manager shall determine the duration and any other conditions of such leave of absence and may require the employee to be physically available to return to duty immediately upon notification by the City Manager or department head. (See Resolution 3714.)
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
32 16.17 Maternity Leave
Maternity leave will be considered within the policy outlined in 16.15, Leave of Absence without Pay, and in conformance with any provisions mandated by state and/or federal law. Usage of sick leave will be allowed for that period of time the employee is off work on a physician's orders due to pregnancy -related disability.
A physician's statement concerning how long into the term of the pregnancy the employee may work is required, as well as a release by the employee's physician to return to work.
16.18 Jury Duty
An employee shall be given necessary time off without loss of pay when performing jury duty, or performing emergency civilian duty in connection with national defense. In the case of an employee performing jury duty, all fees received for this duty shall be submitted to the City. All per diem compensation shall be retained by the City. Mileage allowance and any other special compensation which may be paid will be retained by the employee. Fees paid for jury duty service on an employee's scheduled day of f will be returned to the employee. Employees shall receive no other compensation from the City except their normal salary.
16.19 Hours of Work
Employees shall work forty hours per week and the hours during which offices shall be open for business shall be determined by the City Manager.
A. Establishing the Workweek: By mutual agreement of a majority of department or division personnel and management staff, with the authorization of the City Manager and the City Council, hours of work may be established for groups of employees on the basis of (1) flex time, (2) 4/10 plan, or (3) other specially arranged working hour plans within the basic requirements of a standard 40-hour workweek.
16.20 Timecards
All departments' biweekly timecards shall be submi tted to the Finance Department in accordance with established payroll procedures.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
33 16.21 Holidays
The holidays to be observed by the City are as follows:
• January 1st - New Year's Day
• Third Monday in January - Martin Luther King, Jr. Day • Third Monday in February - Washington's Birthday
• Last Monday in May - Memorial Day
• July 4th - Independence Day
• First Monday in September - Labor Day
• Thanksgiving Day
• Day after Thanksgiving Day
• December 24th - Christmas Eve (4 hours)
• December 25th - Christmas Day
• Floating Holidays - See Addendum "A"
• Every day proclaimed by the Campbell City Council as a holiday.
Holidays falling on Saturday will be observed on Friday and holidays falling on Sunday will be observed on Monday.
Permanent, probationary, and permanent part -time employees in the classified non -management service, except members of the Police Department who are required to be on duty for 24 hour periods, shall not be required to be on duty on holidays unless the employee's services are needed and required in the interest of the public health, safety, or general welfare. In the case of the latter event, any such employee shall be entitled to overtime or compensatory time off as provided for in 16.22 and 16.23.
Classified non-management Police Department personnel regularly required to work a full duty schedule or portion thereof on a legal holiday observed by the City of Campbell shall be paid for holidays as follows:
• Non-management Police Dept. Safety Personnel: 5.4% of salary in lieu pay • Police Dept. Records/Communications Personnel: 4.8% of salary in lieu pay
Payment in two checks, separate from normal payroll checks, shall be made to eligible non -management employees in the Police Department; one in December and the other in June.
16.22 Overtime
Overtime shall be defined as that time authorized and actually worked by an employee in excess of normal weekly hours as prescribed in 16.19. Except in emergency situations as authorized by t he City Council, management employees are not eligible for overtime benefits. Classified non-management employees shall be compensated for overtime according to the following rules and regulations.
At the discretion of the department head, overtime will b e compensated by time and one -half pay or time and one-half compensatory time under the following conditions:
A. Overtime work is ordered or authorized by the eligible employee's department head.
B. Eligible classified non -management employees who are called back to work by their immediate supervisor shall be granted the following minimum paid overtime or compensatory time.
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34 Public Works non -management maintenance personnel: 3 hours paid @ time and one -half OR 4-1/2 hours compensatory time. In additi on, if the non -management Public Works maintenance employee is contacted by his/her supervisor prior to the beginning of his/her normal work day and the non-management Public Works maintenance employee is not on the City Service Center premises, the call back provision will apply.
Other miscellaneous non -management personnel: 3 hours paid @ time and one -half OR 4 -1/2 hours compensatory time.
Safety non-management personnel: 3 hours paid @ time and one-half OR, if eligible, 4-1/2 hours compensatory time.
Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one-half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee's regular rate of pay. Double overtime will not be paid for pre - planned events where no emergency exists, or in response to requests for Mutual -Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee's division commander.
Non-Sworn Safety personnel: Emergencies and investigations directly related to the City of Campbell where continuous overtime extends the regular work shift for a represented employee more than one and one -half (1.5) times the number of hours of that shift (18 hours for employees scheduled to a 12 hour shift, and 15 hours for employees scheduled to a 10 hour shift) will be paid at two times the represented employee’s regular rate of pay. Double overtime will not be paid for pre -planned events where no emergency exists, or in response to req uest for Mutual-Aid. As per policy, all time cards are approved by the Division Commanders. Any questions or issues related to approval will be settled at the discretion of the employee’s division commander.
C. Eligible non -management employees who are required to attend scheduled training sessions, staff meetings, or seminars which require time beyond the normal day or week, as defined in
16.19, shall be compensated with time off or pay in accordance with paragraphs 16.22/16.23.
D. Overtime pay shall not begin until the eligible employee has worked the hours required for his basic workweek, as set forth in 16.19 of these rules. All authorized paid leave time taken shall be credited as part of the basic workweek except that hours not worked, at the emp loyee's option, where those hours are charged to compensatory time off, during the employee's 40 -hour workweek and extra hours worked during that same period, totaling 40 hours, will be considered to be flexible scheduling within that workweek, and no compensatory time will be granted.
16.23 Compensatory Time
At the discretion of the department head, compensatory time shall be granted to eligible classified non-management employees. Such compensatory time is to be on a time and one -half basis except as provided for in Section 17.0 of these Rules, and will be governed by the following provisions.
A. Compensatory time earned by an employee who is required to work in excess of the normal workweek shall be recorded in actual hours worked on the employee's timecard and submitted
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35 to the Finance Department.
B. The maximum accumulation of compensatory time is as follows:
1. For employees represented by CPOA , compensatory time shall not be allow ed to accumulate in excess of 240 hours.
2. For employees represented by CPCEA, compensatory time shall not be allowe d to accumulate in excess of 190 hours.
3. For employees represented by CMEA, compensatory time shall not be allowed to accumulate in excess of 125 hours.
4. For CONF employees, compensat ory time shall not be allowed to accumulate in excess of 125 hours.
5. For employees represented by CARP, compensatory time shall not be allow ed to accumulate in excess of 75 hours.
6. CONF and those employees represen ted by CPOA, CPCEA, CMEA and CARP shall not be allowed to accumulate in excess of hours as stated above. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one -half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash.
C. Use of compensatory time must be scheduled at least 24 hours in advance with the employee's supervisor and recorded on the employee's timecard for submission to the Finance Department.
D. If possible, arrangements will be made to allow employees to use accrued compensatory time prior to termination. Otherwise, accrued comp time shall be paid off upon termination in accordance with section 553.21 of the Fair Labor Standards Act.
16.24 Unauthorized Leave
Any leave of absence from work taken without prior approval as provided for in these rules shall be without pay and shall subject the employee to dismissal or disciplinary action when the unauthorized leave is found to be unwarranted or detrimental to the service.
16.25 Salary Deduction--Employees Exempt from FLSA Overtime Provisions In accordance with City policy (Resolution 8120), should an employee who is exempt from the overtime provisions of the Fair Labor Standards Act have insufficient hours in all accrual accounts making it impossible to charge a period of absence of less than that employee's regular workday, no deduction shall be made from that employee's salary.
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36 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS
(NOTE: 17.1 thru 17.7 apply to employees represented by Campbell Peace Officers Association)
17.1 Motorcycle Assignment Pay
Traffic enforcement officers riding motorcycles are eligible for motorcycle assignment pay.
17.2 Replacement of City-Issued Equipment--Non-management Police Department Safety Personnel The City will replace City-issued equipment which is lost by theft or circumstances beyond the control of the officer if such occurrence takes place during the time whe n the officer is on duty, and if such loss is not attributable to the personal negligence of the officer. City -issued equipment lost by theft off -duty shall be replaced if such loss is not attributable to the personal negligence of the officer. Circumsta nces surrounding such losses shall be determined through a departmental finding.
17.3 Working Out-of-Class Pay--Non-management Police Department Safety Personnel Employees assigned the responsibility of Field Training Officer shall receive 5% salary di fferential pay. This compensation will be paid for each day assigned to this function. To qualify for this pay the employee must have completed the training course for the Field Training Officer Program. Five percent (5%) working out of class pay will b e paid for the following assignments: Police Officer acting as Watch Commander for 8 hours or more; Agent acting as Watch Commander for more than 20 consecutive shifts; Sergeant acting as Lieutenant or Captain for more than 5 consecutive shifts.
17.4 POST/Educational Incentive Pay--Police Department Non-Management Public Safety Personnel The City will pay 5% incentive pay to employees possessing an Intermediate POST Certificate and 7.5% to employees possessing an Advanced POST Certificate. Prior to qual ifying for this incentive pay, an employee must have served for a minimum of two years as a Police Officer in the City of Campbell Police Department or two years as a Police Officer in another agency recognized by POST if hired by Campbell as a Police Officer. Employees receiving incentive pay for an Intermediate POST Certificate will be required to requalify on a biannual basis beginning in January 1983. Requalification will require successful completion of 3 job-related college semester units; or 3 requi red semester units toward completion of a job -related degree; or 36 employee -initiated off duty training hours; or some combination thereof, one college semester unit being equivalent to 12 training hours, during each two year period. Certification by the Department/City Manager's Office of job -relatedness must be obtained prior to the time of enrollment. Off duty viewing of CJRS films may be credited toward the required number of employee -initiated training hours. The required course work must be comple ted during the previous two calendar years in order to qualify for payment in subsequent years.
Employees with an Intermediate POST Certificate and a job -related advanced degree will have the option to meet the requalification requirement by completing a departmental/community improvement project during the two year requalification period, toward which a relatively equivalent amount of effort is evidenced. The topic of the departmental/community improvement project is to be approved by the Department/City Manager's Office in advance.
Employees with an Advanced POST Certificate will be exempted from the requalification requirement.
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37 17.4 POST/Educational Incentive Pay--Police Department Public Safety Personnel (continued)
In the event that an officer fails to complete requalification, he/she shall lose his/her incentive pay until such time as he/she has completed the requalification requirements. Upon being reinstated, the officer shall receive his incentive pay for the remaining time in h is/her 24 -month requalification period; to continue incentive pay beyond, the officer must requalify as originally scheduled based on the most recent anniversary date.
17.5 Emergency Transfer of Sick Leave--Employees Represented by Campbell Peace Officers Association The emergency transfer of sick leave from members of the CPOA to a specific member of CPOA may be granted as follows:
A. The membership of CPOA must agree that each member will contribute some amount of sick leave to a specific employee.
B. Sick leave will only be transferred in an emergency situation to cover the period from the exhaustion of sick leave by the specified employee to the time when they will become eligible for the long-term disability program.
C. Authorization will only b e granted under emergency and/or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time, and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness and/or injury.
D. Sick leave which is so transferred will not be reimbursed to the members of CPOA.
E. The Police Chief will review the transfer relating to its justification and appropriateness and make a recommendation to the City Manager.
F. The City Manager will make the final determination concerning the transfer of sick leave, which will not be subject to appeal.
17.6 Meal Allowance--Employees Represented by Campbell Peace Officers Association Employees will receive a $9.00 meal allowance when required by a supervisor to work a 4 hour shift extension as a patrol field officer or on special assignment due to personnel shortage. Payment will be made through the City payroll system, following the appropriate entry on the employee's timecard.
17.7 Detective On-Call Pay
Non-management Police Department safety employees assigned to the Special Enforcement Division will receive a total of three hours straight time pay when assigned to "on -call detective" status for a weekend (48 hours or more for the period 1600 hours Friday to 0800 hours Monday). Employees assigned to other "on-call" status will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day or po rtion of a day assigned to "on -call" status. Employees called in to work from their "on -call" assignment will be compensated pursuant to Personnel Rules and Regulations, Section 16.22, Overtime, in addition to the "on-call" compensation.
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38 17.8 Bilingual Pay
CPOA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100 per pay period as Bilingual Pay. In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community. Additionally, the employee must pass a certification test compl eted by a trained professional.
17.9 Vacation Buy Back
Employees may convert once per year, unused vacation time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by law.
3. Minimum exchange will be one day.
4. All exchanges are irrevocable.
A minimum of 40 hours of vacation leave must be previously used prior to conversion.
(Note: 17.10 thru 17.13 apply to employees represented by CPCEA (Campbell Police Civilian Employees Association)
17.10 Meal Allowance--CPCEA Represented Employees
Employees represented by CPCEA will receive a meal allowance of $10.60 when required to work a shift extension of four (4) hours or more, excluding employee requested shift trades. Payment will be made through the City payroll system following the appropriate entry on the employee's timecard.
17.11 Working Out-of-Class Pay--CPCEA Represented Employees Police Records Specialists performing communication dispatching duties will receive $3.00 per hour for each majority of a one -hour period in excess of an initial one -hour period in each working day. A Police Records Specialist assigned court liaison duties for four hours or more will receive $3.00 per hour for the working -in- higher class assignment. Routine pickup or delivery of materials from courts or District Attorney's offices will not be considered court liaison duties. A Police Records Spec ialist assigned to act as Police Records Supervisor and a Public Safety Dispatcher assigned to act as Communications Supervisor for eight hours or more will receive $3.50 per hour for the working in higher class assignment. A Police Records Supervisor or Communications Supervisor assigned as Acting Division Supervisor will receive $3.50 per hour for the working in higher -class assignment. The working out of class assignment to court liaison duties or a supervisor position will be made in writing.
17.12 Trainer Pay--Police Records Specialists and Public Safety Dispatchers Police Records Specialists, Public Safety Dispatchers and Community Services Officers will receive five percent (5%) differential pay when assigned by their Supervisor to train a new e mployee for a period of time of at least 1 hour per occurrence. In order to qualify for this pay, the trainer must complete all required training logs and evaluation forms as designated by the Department. Police Records Specialists, Public Safety Dispatc hers and Community Services Officers will receive five percent (5%) differential pay for the period of time they are assigned to and actually engaged in developing training materials or designing or coordinating a training program. A minimum of one hour per occurrence must be spent in these activities to
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39 be eligible for Trainer Pay.
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40 17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA
The emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA may be granted as follows:
A. The membership of CPCEA must agree that each member will contribute some amount of sick leave to a specific employee.
B. Sick leave will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an employee has exhausted all leave time, including sick leave, vacation leave and compensatory time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for the illness or injury.
C. Sick leave will only be transferred to cover the period from the exhaustion of sick leave by the specified employee to a maximum of six month s later than the date of exhaustion of sick leave.
D. A request for emergency transfer of sick leave from members of CPCEA to an individual member of CPCEA will include the names of CPCEA members and each of their requested sick leave donation amounts.
E. Any request for emergency transfer of sick leave will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave.
F. Sick leave which is transferred to an individual member of CPCEA and is used by that member will not be reimbursed to the members of CPCEA. Any sick leave transferred to a member of CPCEA by other members of CPCEA, that is not needed, will be transferred back to the members who contributed the sick leave hours in the same proportion as their contribution to the total hours contributed.
17.14 Bilingual Pay
CPCEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $100.00 per pay period as Bilingual Pay.
In order to be eligible for Bilingual Pay, the Police Chief must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community.
Additionally, the employee must pass a certification test completed by a trained professional.
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41 17.15 A Standby Pay
CPCEA employees who are subpoenaed to court and subsequently placed on “phone standby” during their non-work hours, will be compensated at the rate of one (1) hour of straight time pay or one (1) hour of compensatory time off for each day they are on “phone standby” status. Employees called in to court while on “phone standby” during their non -working hours will be compensat ed pursuant to Personnel Rules and Regulations, Section 16.22, Overtime
17.15 B Off Duty Contacts
Any unit member contacted while the unit member is off duty, and who is asked to provide services to the City but not directed to physically return to the w ork site shall be compensated as follows. The unit member shall receive a minimum of one -hour of pay compensated at the unit member’s based hourly rate of pay. Such pay shall only apply where the unit member performs 10 minutes of work or more. Fewer than 10 minutes of work shall be considered de minimis and not compensable. If a unit member is asked to provide services more than once within the same one -hour window of time, the total time spent providing services shall be aggregated and will be counted as part of the same one - hour period. Unit members shall record all time actually worked and shall report the time according to applicable work time reporting procedures.
17.15 C Vacation Buy Back
Employees may convert once per year, unused vacation time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by law.
3. Minimum exchange will be one day.
4. All exchanges are irrevocable.
A minimum of 40 hours of vacation leave must be previously used prior to conversion.
(Note: 17.16 thru 17.22 apply to employees represented by Northern California Carpenters Regional Council)
17.16 Split Shift Differential
Public Works non -management maintenance personnel who are required to work a split shift during a regular 40-hour workweek shall receive 5% differential pay over the base salary the employee is currently receiving for the 8-hour split shift schedule.
17.17 Working Out-of-Class Pay--Public Works Maintenance Division Non-management Personnel Public Works Maintenance Division Non -management Personnel: Employees required to serve in an acting capacity in the higher classification of Lead Worker and Lighting & Traffic Signal Technician shall receive an additional $25 per day. Acting pay for the Lead Worker and Lighting & Traffic Signal Technician class will be provided for assignments of four (4) or more hours. Written authorization t o work in a higher classification will be required. Such written authorization shall be provided to the employee upon commencement of the assignment.
Employees required to serve in an acting capacity in the higher classifications of Park Maintenance Supervisor, Street Maintenance Supervisor, Equipment Maintenance Supervisor, Senior Lighting and Traffic Signal Technician shall receive an additional $30 per day for assignments of 4 hours or more and for Public
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42 Works Superintendent working 8 hours or more shall receive $35 per day.
17.18 Workers' Compensation Benefits--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
In the event of a work related illness or injury occurring after July 1, 1984 the City will limit the employe e's sick leave liability in the first three days of leave, by prorating payment of workers' compensation benefits according to the same formula which now becomes effective on the fourth day of leave.
17.19 Standby Pay--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
Standby assignments outside the regular work schedule shall first be made on a voluntary basis. In the absence of volunteers, the Public Works Superintendent will designate standby assignments. During the normal work week, if the need for standby is known, standby assignments will be made for the period of time from the end of the employee's normal work day until the employee's normal start time the following day. If the need for standby assignments is known by the end of the work day on a Friday, such standby assignments will be made for the following time periods:
▪ End of work day Friday to 8:00 a.m. Saturday
▪ 8:01 a.m. Saturday to 8:00 a.m. Sunday
▪ 8:01 a.m. Sunday to beginning of work day Monday
If the need for standby is expected for part of the weekend, but not the entire weekend, only that portion needed will be assigned in advance. If an upcoming assigned standby shift is no longer needed, the employee assigned to that shift will be notified no less than eight (8) hours in advance. In order to be eligible for standby assignments, employees must reside, or secure accommodation for the duration of the assignment, at a location that is no more than thirty (30) minutes travel time from the City's Service Center.
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43 17.19 Standby Pay (continued)
Standby pay shall be compensated at the rate of six (6) hours of straight time for every 24 hours of Standby assignment. Call out of employees on standby as signments shall be compensated at the regular overtime rate for hours worked in addition to the standby pay. The City may provide a vehicle to employees on standby assignment.
17.20 Meal Allowance--Public Works Maintenance Division Non-management Personnel Public Works maintenance non-management employees represented by CARP, will receive a meal allowance of $9.00 when required by a supervisor to work a three hour or longer extension of the normal shift.
Employees working such a shift extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed fifteen minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee’s timecard.
l7.21 Class B Driver's License--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
For those employees required to maintain a Class B Driver's License, the City will reimburse the Department of Motor Vehicles fee charged to obtain or renew Class B Drivers' Licenses. As an option to reimbursement, and when the employee allows sufficient advance time, employees may request a City check to be written to pay for the DMV fee, using the normal check re quest procedure. Special interim checks will not be written for this purpose. When employees obtain the health certification required for the Class B Driver's License from City authorized physicians, the City will pay the medical exam fee. The City will not pay that portion of the DMV fee that represents the standard (Class C) fee.
17.22 Bilingual Pay – Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel
CARP represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the Campbell community, will receive an additional $75 per pay period as Bilingual Pay.
In order to be eligible for Bilingual Pay, the Department Head must certify that the employee regularly has a need to use his/her bilingual skills in communicating with members of the community.
Additionally, the employee must pass a certification test by a trained professional.
17.23; 17.24 Reserved
(17.23 and 17.24 are reserved for future use by CARP)
(Note: 17.25 applies to Confidential employees and those employees represented by Campbell Municipal Employees Association)
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44 17.25 Working Out-of-Class Pay--Confidential Employees and Employees Represented by Campbell Municipal Employees Association
Working out -of-class pay will be paid to employees when temporarily assigned to fill a regular budgeted position above their regular classification, which has been vacated due to termination, promot ion, leave of absence, vacation, or scheduled sick leave. The employee will receive the first step of the higher classification or a minimum of 5% within the higher classification salary range and must meet the minimum qualifications of the position. 9/80 schedule or the need to cover the alternating weeks’ days off will be excluded from working higher class compensation per Administrative Policy.
17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association CMEA represented employees who are certified to have a working level of competence in languages other than English, spoken regularly in contacts with members of the community, in the course of their jobs, will receive an additional $100 per pay period as Bilingual Pay.
17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation – Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees
Members may donate:
• Sick Leave or Vacation hours to another employee who because of a serious injury or illness has exhausted all his/her leave time, or
• Vacation hours to another employee who is the primary caregiver for a seriously ill or injured family member and has exhausted all his/her leave time to care for the individual.
1. Sick Leave or Vacation hours will only be transferred in the case of very serious illness or injury, and under emergency or unusual circumstances where an individual has exhausted all applicable leave time and where circumstances have prevented the employee from reasonably accumulating sufficient sick leave for his/her own illness or vacation hours in the case of illness of a family member.
2. Sick Leave or Vacation will only be transferred to cover the period of time from the exhaustion of leave by the employee to a maximum of six months later.
3. Any request for the transfer of hours from the members’ group to another employee will include the names of all members of the group who wish to transfer Sick or Vacation hours and each member’s sick or vacation hours donation amounts.
4. Any request for emergency transfer of Sick Leave or Vacation hours will be submitted to the City Manager who will make the final determination concerning the transfer of sick leave or vacation hours.
5. Sick Leave or Va cation hours that are transferred to another employee will not be reimbursed to the group’s members.
17.28 Meal Allowance—Campbell Municipal Employees Association Employees represented by CMEA will receive a meal allowance of $ 15.00 when required by a supervisor or manager to work a three hour or longer extension of the ir normal shift. Employees working such a shift
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45 extension shall schedule their meal breaks in a manner that is least disruptive to the work being performed during the shift extension, and meal breaks will not exceed twenty minutes. Payment will be made through the City payroll system, following the appropriate entry on the employee’s timecard.
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46 SECTION 18.0 TRAINING OF EMPLOYEES
18.1 Responsibility for Training
The City Council encourages the training of employees. Responsibility for developing training programs for employees shall be assumed jointly by the Personnel Officer and department head. Such training programs may include courses, demonstrations, ass ignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.
18.2 Credit for Training
Participation in the successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer or his delegated representative.
18.3 In-Service Training Incentive Program
As used herein, "In -Service Training" is defined as any class, training course, seminar, workshop or conference participated in by an employee while working for the City. The city will provide or support in-service training to City employees under the following conditions:
A. Tuition Reimbursement: Reimbursement will be provided for expenses incurred by employees attending accredited college courses under the following conditions:
1. All Employees: 100 percent reimbursement for tuition and req uired books to a maximum of $3000 per fiscal year f or accredited college courses for members of CMEA, CONF and MGMT units. 100 percent reimbursement for tuition and req uired books to a maximum of $2000 per fiscal year f or accredited college courses for members of CPOA and MILL units. 100 percent reimbursement for tuition and req uired books to a maximum of $1500 per fiscal year f or accredited college courses for members of CPCEA unit. Police Department Safety employees will not be eligible for tuition reimbursement for classes utilized to re -qualify under the POST/Educational Incentive Pay Program.
2. Employees represented by Campbell Municipal Employees Association may utilize t uition reimbursement for ex amination fees and related review course fees if pursuing c ertain certification programs. See Administrative Policies and Procedures - Utilization of Tuition Reimbursement for Certification Programs.
3. Management Employees:
4. Incentive Pay Program. Management employees may utilize budgeted conference allocations for additional tuition reimbursement or for work-related seminars. This utilization will require department head approval for classified management personnel, and City Manager approval for unclassified management personnel.
5. Reimbursement will be made subject to the completion and approval of the Tuition Reimbursement form and the submission of receipts and certification of successful completion of all courses.
6. Within the reimbursement limits outlin ed in 18.3A above, the cost of books and materials will
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47 be paid in full with the items remaining the property of the employee.
7. Training will be given on employee’s time. Department heads may adjust work schedules to allow employees to attend in-service training courses.
A. Seminars, Workshops, In-State Conferences: Department heads should encourage City employee attendance at semin ars, workshops or meetings of in -state conferences when such affairs are related to a departmental function or when such attendance can mutually benefit the employee and the City. Employees attending such activities with the approval of their department head will be reimbursed for all actual expenses of:
1. Transportation costs - City vehicles or reimbursement at the current Council -approved per mile rate.
2. Allowance for room and board.
3. Registration, books, fees, etc.
B. Special Training, Schooling, or Out -of-State Conferences: Special training programs, schooling, or out-of-state conferences not covered under the provisions of this Section shall be considered by the Council on the merits of the benefit to the City and the employee.
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48 PART IV - EMPLOYER-EMPLOYEE RELATIONS
SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS
19.1 Employee Rights
The City recognizes the right of City employees to choose and partake in activities of employee organizations for representation in employer -employee relations as provided for in Government Code Section 3500 and the City's Employer-Employee Relations Resolution No. 6647.
19.2 Meetings and Employee Organization Activities
City employee organizations' business sessions and other activities relating to the orga nizations' business shall be accomplished at a time and place so as not to conflict with employees regular working hours.
Exceptions to the above are:
A. Meetings directly related to the meeting and conferring sessions within the scope of representation may be scheduled during working hours as provided for in the Government Code, Section 3500, Public Employee Organizations or as hereinafter amended.
B. Meetings involving City employees to resolve grievances under the grievance procedures as set forth in the City of Campbell Personnel Rules and Regulations.
C. Meetings called for and arranged by the Municipal Employee Relations Officer.
19.3 Use of City Facilities
City employee organizations may, with the prior approval of the Municipal Employee Relat ions Officer, be granted the use of City facilities during non -working hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of such meetings. The use of city equip ment, other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
19.4 Use of City Equipment
City employee organizations may obtain copies of documents, notices, or reports by use of copying equipment for reproduction at basic cost plus overhead. Masters of the material to be copied shall be submitted to the Municipal Employee Relations Officer or his delegated representative.
19.5 Use of Bulletin Boards
Recognized City employee organizations may use portions of City bulletin boards under the following conditions:
A. All materials must be dated and must identify the organization that publishes them.
B. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed.
C. An employee organization that does not abide by these conditions will forfeit its rights to have materials posted on City bulletin boards.
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49 19.6 Payroll Deductions - Employee Organizations
The City will authorize a payroll deduction for City employee organizations subject to the following conditions:
A. That the employee organization is formally recognized as a majority representative.
B. That the formally recognized employee organization submits to the City a certified list of membership upon acceptance as a majority representative.
C. That the request for payr oll deduction be on an individual, voluntary basis in writing on a standard payroll deduction form or a form provided by the employee organization, approved by the Municipal Employee Relations Officer.
D. That any reasonable fee charged the City for payro ll deduction activity may be assessed to the employee organization.
E. The City's responsibility to properly disburse funds withheld shall be limited to the issuance of a check to the organization involved, for the total amount withheld for a particular organization each pay period. The check so issued shall be accompanied by a detailed listing of the employees involved, including the amounts withheld. The City shall be notified of the proper payee indicating the individual and address to whom check is t o be delivered.
19.7 General Provision Regarding Americans with Disabilities Act The Americans with Disabilities Act (ADA) requires all employers to make reasonable accommodations to known disabilities of a qualified applicant or employee who is able t o perform the essential functions of the job.
A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual case by case basis, speci fic provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, lay -off, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.
B. Employee organizations recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Appropriate employee organizations will be notified of requests for accommodations or proposed accommodations prior to implementation by the City.
C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice nor shall it be cited or used as evidence of a past practice in the grievance procedure.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
50 SECTION 20.0 GRIEVANCE PROCEDURES
20.1 Purpose of Rules
A. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
C. To provide that grievances shall be settled as near as possible to the point of origin.
D. To provide that appeals shall be conducted as informally as possible.
20.2 Definition, Scope and Right to File
A grievance is defined as any dispute involving the interpretation, application or alleged violation of:
A. A current Memorandum of Understanding between the City and a recognized employee organization.
B. The City's Personnel Rules and Regulations where the provision in dispute is within the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other C ity Official shall be final. (“excluding” language not applicable to CARP).
C. Administrative policies and procedures of the City regarding personnel matters where the procedure or policy in dispute concerns a matter within the scope of representation.
(This provision does not apply to employees represented by CPCEA (*see 1996 SEI U MOU) CPOA (see 1997 MOU), CMEA (see 1998 MOU); Management and Confidential (see 1998 Resolution).
D. Disciplinary procedures excluding discharge.
Where any of the aforementioned provisions or policies prescribes a separate appeal procedure, they shall be excluded from the procedure contained herein.
20.3 Grievance Steps
A. Step 1 : An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five w orking days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance to his/her department head (see 20.3.B, Step 2) which shall contain the following information:
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51 1. The name and job classification of the grievant.
2. Grievant's department and specific work site.
3. The name of the grievant's immediate supervisor.
4. A statement of the nature of the grievance including date and place of occurrence.
5. The specific provision, policy or procedure alleged to have been violated.
6. The remedies sought by the grievant.
7. The name of the individual or organization designated by the grievant to represent him/her in the processing of the grievance. However, in no event shall an employee organization other than that which formally represen ts the position occupied by the grievant be designated as the grievant's representative.
8. The signature of the grievant.
9. The date of the execution of the grievance form.
A standard grievance form shall be available through the City Manager's Office.
If mutually agreed by the department head and the employee, the department head may hold an informal meeting re the grievance prior to the submittal of the formal grievance form. If this informal meeting does not resolve the grievance, the employee will be required to submit a formal grievance form to the department head for the department head's formal decision.
B. Step 2: An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance in the manner provided ab ove to his/her department head within seven (7) working days from the date of the immediate supervisor's decision.
The department head shall respond to the grievance in writing within ten (10) working days from the date of its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor.
C. Step 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the City Ma nager within ten (10) working days from receipt of the department head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period, the City Man ager, at his discretion, may conduct an informal hearing involving the parties to the dispute.
D. Step 4 : If the employee is dissatisfied with the decision of the City Manager, he/she may submit the grievance to the Employee Conciliation Committee within ten (10) working days of the receipt of the City Manager's decision.
The Committee shall consist of three (3) members, one of whom shall be selected by the grievant and one by the Municipal Employee Relations Officer. Where such members are other than City employees, they shall serve without compensation and without the City bearing any obligation to reimburse the member's employer for lost time.
The third member and chairperson of the Committee shall be a representative from the State Mediation a nd Conciliation Service, or an individual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State
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52 representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the City and the grievant or his/her employee organization.
The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days f rom the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure.
All hearings shall be conducted in an expeditious manner, with the chairperson retaining final authority to rule on procedural matters or other points which affect the length and conduct of the hearing. Court reporters and post -hearing briefs shall only be utilized upon joint agreement between the grievant and the City and shall not serve to delay the Committee's decision beyond the prescribed time limits, except by mutual agreement.
20.4 General Conditions for All Grievances
A. Any time limit set forth in paragraph 20.3 may be extended by written agreement between the parties.
B. A representative of the recognized employee organization which has been formally extended bargaining rights for the grievant's position shall be entitled to be present at any hearing held in conjunction with Steps 3 and 4 of this Grievance Procedure. In addition, at the request of the employee, the above mentioned representative shall be entitled to be present beginning at Step 2.
C. The grievant and his/her designated representative shall be entitled to utilize a reasonable amount of work time, as determined by the grievant's department head, to confer on the grievance. This reasonable amount of time shall not interfere with City operations.
D. The City Manager's Office shall serve as the central repository for all grievance records.
E. The grievance procedure will be implemented as expeditiously as possible.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
53 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS
21.1 Right of Appeal
All employees shall have the right of appeal to the City Council on the issue of dismissal except in those instances where the right of appeal is specifically prohibited by the personnel ordinance or these rules.
21.2 Method of Appeal
Appeals shall be in writing, subscribed by the appellant, and filed with th e Personnel Officer. Within five days after receipt of the appeal, the Personnel Officer shall inform each member of the City Council, the appointing power, and such other persons or officers named or affected by the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Officer explaining the reason for the appeal and setting forth therein a statement of the action desired by the appellant and reasons therefor. The formality of a legal pleading is not required.
21.3 Notice
Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten days, nor more than thirty days from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing as so prescribed by the City Council.
21.4 Investigation
Upon the filing of an appeal, the City Council may make such independent investigation of the matter as it may deem necessary. The result of such investigation shall b e made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation.
21.5 Hearings
The appellant shall appear personally, unless physically unable to do so, before the City Council at the time and place of the hearing. He may be represented by any person or attorney he may select and may at the hearing produce on his behalf relevant oral or documentar y evidence. Appellant or his representative shall state his case first, and at the conclusion opposition matter may then be presented. Rebuttal matter not repetitive may be allowed at the discretion of the City Council. Cross examination of witnesses sha ll be permitted. The conduct and decorum of the hearing shall be under the control of the City Council with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating t o evidence and witnesses. Employees in the Classified service may request in writing either a closed or open hearing.
21.6 Findings and Recommendations
The City Council shall, within ten days after the hearing concludes, certify its findings and recom mendations in writing to the appellant and to the person, officer or body from whose action the appeal was taken. The person, officer or body from whose action the appeal was taken shall review the findings and recommendations of the City Council and the City Council may then affirm, revoke or modify the action taken as in its judgment seems warranted and the action taken shall be final. Any member of the City Council may submit a minority or supplemental finding and recommendation.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
54 PART V - MISCELLANEOUS
SECTION 22.0 EMERGENCY PREPAREDNESS
22.1 Emergency Preparedness
Pursuant to the City of Campbell's Disaster Preparedness Program - Campbell Municipal Code, Ordinance No. 809:
A. All department heads shall assign each employee an emergency disaster function.
B. Department heads are responsible for making such preparations as are necessary to insure the continuation of essential municipal services in the event of a war -caused or natural disaster.
C. The City Manager is the City's Emergency Preparedness Director and shall be responsible for planning and coordinating the City's overall emergency preparedness activities.
SECTION 23.0 COURT APPEARANCES
23.1 Employees - Civil Trials
When a police officer or other employee of the C ity is subpoenaed for civil trials related to the performance of official duties, the person issuing the subpoena shall deposit with the City Clerk the required deposit prior to securing the subpoena. After the employee notifies Finance of the time spent at court, the deposit will be dispersed. If the employee has attended court fully on City time, the City shall retain the entire reimbursement. If the employee subpoenaed attends fully on his/her time, he/she shall receive the entire reimbursement. If the time spent in court is partially on City time and partially the employee's time, the City shall be reimbursed the employee's hourly wage plus benefits while on City time and the remainder of the fee will go to the employee.
SECTION 24.0 OUTSIDE EMPLOYMENT
24.1 Outside Employment - Non-management Personnel
Full-time City employees will be allowed to engage in off -duty employment if such secondary employment meets the following standards:
A. Outside occupations shall be legal in charact er and not degrading to the City or employee.
The type of work undertaken must not create a conflict of interest with the employee’s City job.
24.1 – Outside Employment – Non-management Personnel (continued)
A. Outside work must not be demanding on the employee and carry over into his/her regular duties by making contacts, either personal or by telephone, the following day.
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55 B Outside work must not leave the employee tired or subject to injury on his regular job.
C. Outside employment m ust be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.
D. The supplemental job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always read ily accessible in case of emergencies.
E. A supplemental employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.
24.2 Application for Permit to Engage in Outside Employment The basis for approval by the immediate supervisor and department head is as follows:
A. No employee will be allowed to engage in any outside employment without first filling out an off -duty employment permit which in turn is to be approved or denied by the immediate supervisor and department head. A copy of each permit approved by the department head is to be filed with the City Manager's Office.
B. Each request to engage in outside work is to be considered individually. Certain types of work which are incompatible to the department would be so designated by the department head.
24.3 Maximum Hours Permitted in Outside Employment
A ceiling on the number of hours permitted on outside work is hereby establi shed as 20 hours per week. This is considered as the maximum possible without affecting the employee's efficiency on his/her regular job.
24.4 Injuries Resulting from Outside Employment
As part of the processing of the off -duty employment permit, the employee is required to specifically waive any rights he/she would have against the City or any retirement system which the City might adopt as to disability which would be caused from or arise out of the employment for which the request is made. The employee is also required to waive any rights to Workers' Compensation benefits because of any injury or sickness caused by or arising out of the outside employment.
24.5 Outside Employment and Sick Leave
An employee whose sick leave record indicates the lack of strength to sustain both City employment and outside employment will not be allowed to engage in outside employment.
24.6 Outside Employment--Management Personnel
Management employees will be permitted to engage in secondary employ ment under the following conditions:
A. Outside occupations shall be legal in character and not degrading to the City or employee.
The type of work undertaken must not create a conflict of interest with the employee's City job or in any way decrease the effectiveness of the employee in conducting City business.
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56 B. Outside work must not be demanding on the employee and carry over into regular workday duties by making contacts, either personal or by telephone, during City working hours.
C. Outside work m ust not leave the employee tired or subject to injury on his/her regular job.
D. Outside employment must be such that no problem arises as to the municipal responsibility for injury incurred on an outside job.
E. The secondary job should never be allowed to interfere with the duties of a City position to the extent that the employee is not always readily accessible in case of emergencies.
F. A secondary employer shall be willing to agree, in writing, that an employee would be permitted to return to his/her regular duties immediately upon call.
G. All rules pertaining to outside employment as outlined in paragraphs 24.3, 24.4, and 24.5 shall also apply to management employees who are granted permission to engage in secondary employment.
H. Outside Employ ment Permits for unclassified management employees will require the approval of the City Manager. Permits for classified management employees will require department head approval with a copy of the approved permit filed with the City Manager's Office.
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57 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS
25.1 Reimbursement Policy
Damage to personal effects required by the City while in the line of duty will be reimbursed by the City upon recommendation of the individual's immedi ate supervisor and the department head, as well as approval by the Personnel Officer or his designated representative. The prior condition of the damaged item should be considered in determining the amount of reimbursement. Guidelines have been developed which will assist employees, department heads and supervisors in processing claims under this policy. They may be obtained from the Personnel Division.
25.1 Reimbursement Policy (continued)
A. Damage to personal effects not required by the City woul d be allowed under the same conditions as outlined in the preceding portion of paragraph 25.1.
B. No costs should be incurred by the City when it has been demonstrated that loss or damage was due to personal negligence.
C. No costs should be incurred by the City in an unreasonable amount. For example, if an employee loses a $300 wristwatch while in the line of duty, it would not be reasonable for the City to reimburse him in this amount inasmuch as he did not exercise good judgment in wearing an expensive instrument on a job that has certain hazards connected with it.
D. Definition of Personal Effects: Those items worn or carried by the employee in the line of duty.
SECTION 26.0 CITY VEHICLES AND DRIVERS
26.1 Use of City Vehicles and Equipment
Except in case of emergency or Council authorization, a City vehicle is to be driven only by City employees.
City vehicles and equipment shall, under no circumstances, be used by any employee or citizen for other than official business. Violation of this policy will be cause for strict disciplinary action.
26.2 Employee Driving Habits
Every employee driving a City vehicle shall obey all traffic regulations and display road courtesy at all times.
26.3 Motor Vehicle License
If the primary duty of the employee is the driving of City vehicles on public streets, then he shall carry at all times a valid and appropriate Motor Vehicle Operator's License.
26.4 California Vehicle Code Restrictions
All City employees who d rive City vehicles are subject to the provisions of Sections 21052 -21057 of the California Vehicle Code. It is the responsibility of each City employee who drives a City vehicle to be familiar with these Vehicle Code Sections so he can act accordingly.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
58 26.5 Pool Cars
Pool cars are to be stored at areas designated by the City Manager when not in use. Authorized personnel may not take a pool car home except in the case of an evening meeting or an early morning meeting or assignment. Employees will not be permitted to take city vehicles home for night meetings if a 10 -mile roundtrip maximum would be exceeded.
26.6 Use of Personal Vehicle for City Business
Employees using their personal vehicles for City business will receive an auto allowance or mileage reimbursement. Mileage reimbursement will only be granted if a pool car was not available or special authorization was granted.
26.7 City Vehicles and Employees on Standby Basis
City vehicles assigned to employees on a standby bas is are not to be left unused at the employee's home longer than a 48 hour period. In such cases, City vehicles are to be left at the Corporation Yard or City Hall and, if necessary, they are to be reassigned to the immediate supervisor for use by an alternate City employee until the return to work by the City employee originally assigned the vehicle.
26.8 Procedure for Accidents
Employees driving City vehicles involved in accidents resulting in property damage or injury shall immediately do the following:
A. Promptly notify your supervisor.
B. If necessary, notify the law enforcement agency in whose jurisdiction the accident occurred.
C. Comply with the California Vehicle Code.
Notification of an accident shall be promptly reported to the Finance Department so that the insurance company may be notified. Two copies of all accident reports involving City equipment shall be forwarded to the Finance Department as soon as possible.
26.9 Service of City Vehicles
All City vehicles and equipment should be serviced at the City's Service Center in accordance with City policy.
26.10 Mileage for Evening Meetings
Employees who are authorized to use their private cars to attend an evening meeting at City Hall and who live within the city limits of Campbe ll, shall be reimbursed at the current per mile rate as designated by the City Council. Employees who are required to attend an evening meeting at City Hall but who live outside city limits, shall be reimbursed at said rate with a maximum allowable charge of ten miles for the round trip.
26.11 Mileage for Out-of-Town Meetings
Employees who are authorized to use their private cars to attend out -of-town meetings shall be reimbursed at the current designated rate to be computed from the City Hall or home of the employee, whichever is the shortest distance. For trips which are in excess of a 125 mile radius, the employee will be reimbursed at the rate equivalent to the current and prevailing first-class air fare as of the date of said travel.
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59 26.12 Mileage for Employee's Car on City Business
An employee authorized to use his own car for City business will be reimbursed at the mileage or flat rate established by the City Council. Mileage reimbursement will only be provided to those persons who have previously submitted proof of insurance coverage to the Finance Department.
26.13 Seat Belts
Employees shall fasten seat belts on entering City vehicles. Failure to take such safety precautions may result in disciplinary action.
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60 ADDENDUM "A"
I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP
Campbell Municipal Employees Association
The calendar year entitlement for those employees represented by the Campbell Municipal Employees Association is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Campbell Police Civilian Employees Association
The calendar year total holiday pay entitlement is 4. 8% of salary in lieu pay. In addition, represented employees receive two (2) Floating Holidays per calendar year to be taken as days off. New employees receive the appropriate prorated portion of this entitlement upon hire.
Northern California Carpenters Regional Council
The calendar year entitlement for tho se employees represented by CARP is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Management Employees
The calendar year entitlement for management employees is five (5) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
Confidential Employees
The calendar year entitlement for confidential employees is five and one -half (5 -1/2) days. New employees receive the appropriate prorated portion of this entitlement upon hire.
II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS
Floating Holidays must be used during the calendar year in which they are granted, and may be utilized in conjunction with annual vacation leave. For these purposes, the beginning of the calendar year means the first day of the first pay period that begins in January and the last day of the calendar year means the last day of the pay period that contains December 31 st. All Floating Holiday leave time must be scheduled with the employee's supervisor at least 24 hours in advance and cannot be disruptive of departmental operations.
Floating Holiday time shall have no monetary value upon termination of employment unless a terminating employee has taken more than the proportionate share to which he/she is entitled p rior to the termination date. The formula for determining the proportionate amount of Floating Holidays remaining in a calendar year shall be one Floating Holiday for each three months remaining in the calendar year. The value of a Floating Holiday shall be the same as one day of vacation, and if used but not earned, it will be adjusted for on the employee's closing check.
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Attachment: City of Campbell Rules and Regulations 2022 (Approval of MOU's and Unrepresented Agreements and Salary Schedules)
City
Council
Report
TITLE: Proposed Modifications to the Campbell Community Center Building Use Policy (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a reso lution approving modifications to the Campbell Community Center’s Building Use Policy making it effective August 16, 2022, in coordination with effective fee schedule.
BACKGROUND
The Building Use Policy is designed to set clear policies, procedures, regu lations and fee schedules for the public’s use of the City’s public rooms (banquet halls, gymnasiums, meeting rooms, etc.) at the Campbell Community Center. The policy contains descriptions of the facilities available, defines user groups and priorities, and provides rules and regulations specific to the rental use of the facilities. The Building Use Policy was last approved by City Council on June 9, 2020. Since that time modifications to the schedule of fees and charges are reviewed and approved by the City Council annually during the budget process.
DISCUSSION
In an effort to update the policy to provide the most up to date information to all potential rental clients, staff periodically reviews and updates this policy. The proposed changes reflect changes made due to automation and streamlining of our rental process after the implementation of a new software system.
The proposed modifications to the Community Center Building Use Policy are indicated by strike outs (for information to be removed) or in red (new verbiage) in the attached Building Use Policy (Attachment A) and include the following:
• Updated instructions on the reservation process to include online request submissions.
• Additional language added to include charges approved in fee sche dule for potential additional cleaning charges if warranted after an event. • Added the Roosevelt Redwood Room (Q -80) to be rented up to one year in advance for peak rental times to accommodate large events when OCBH is already booked.
Item: 13
Category: NEW BUSINESS
Meeting Date: August 16, 2022
13 Packet Pg. 716
Update to Campbell Community Center Building Use Policy Page 2 of 3 • Clarification on security requirements for specific rental requests. • Other minor updates and/or clarifications.
Once changes to the policy are accepted or rejected, final formatting changes will be applied, and the table of contents will be updated to reflect any page number changes as well as any corrections to section references within the document.
FISCAL IMPACT
The changes proposed in this report will have no fiscal impact. All associated fees are included within the Adopted FY 2023 Master Fee Schedule. Changes to the Community Center Building Use Policy align to the Master Fee Schedule, but do not change it.
ALTERNATIVES
1. Do not accept changes to the Community Center Building Use Policy
2. Provide other direction to Staff.
Prepared by:
Lauren Merriman, Recreation Services
Manager
Reviewed by:
Natasha Bissell, Recreation and
Community Services Director
Approved by:
Brian Loventhal, City Manager
Attachment:
13 Packet Pg. 717
Update to Campbell Community Center Building Use Policy Page 3 of 3 a. RESOLUTION CCC Building Use Policy 2022
b. CCCBuildingUsePolicy 8.16.22 -Redlined Version
c. CCCBuildingUsePolicy 8.16.22 -Clean Version
13 Packet Pg. 718
RESOLUTION NO.______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
TO UPDATE THE CAMPBELL COMMUNITY CENTER BUILDING USE POLICY
WHEREAS, the City of Campbell operates the Community Center for a variety of uses including recreation programs, long-term leased facilities and short-term meeting, athletic and banquet spaces for private rental; and
WHEREAS, the Campbell Community Center Building Use Policy is designed to set clear policies, procedures, regulations and fee schedules for the public’s use of the City’s public rooms (banquet halls, gymnasiums, meeting rooms, etc.) at the Campbell Community Center; and
WHEREAS, edits to the Policy related to the public reservation request process available online, administrative process changes and clarifications on security and janitorial service procedures were required; and
WHEREAS, updates to the timeline of r eservation for the Roosevelt Redwood Room to be one (1) year in advance, and additional guidelines for rental cancellations and details related to refundable damage deposits and facility damages are needed to clarify the expectations of rental clients; and
WHEREAS, the Campbell Community Center Building Use Picnic Policy was last updated in June 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the updated Campbell Community Center Building Use Policy for the Recreation and Community Services Department, effective August 16, 2022.
PASSED AND ADOPTED this 16th day of August, 2022 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_______________________
Paul Resnikoff, Mayor
ATTEST:
____________________________________
Andrea Sanders, City Clerk
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Attachment: RESOLUTION CCC Building Use Policy 2022 (Update to Campbell Community Center Building Use Policy)
Recreation and Community Services Department
1 West Campbell Avenue, # C-31
Campbell, CA 95008
(P) 408.866.2104 ▪ (F) 408.374.6965
[email protected]
www.campbellca.gov/
Office Hours
8:00 a.m. – 5:00 p.m. Monday – Friday
Campbell Community Center
Building Use Policy
Approved by City Council on April 19, 2022
Effective July 1 August 16, 2022
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 2
I. INTRODUCTION ....................................................................................... 3 II. FACILITIES AVAILABLE .............................................................................. 3 III. PRIORITIES FOR USE ................................................................................ 6 IV. RESERVATION REQUESTSS ....................................................................... 7 ApplicationsRequests .............................................................................. 7 When to Apply....................................................................................... 78 V. RULES AND REGULATIONS .................................................................... 89 Decorations ........................................................................................... 89 Alcoholic Beverages ................................................................................. 9 Security Requirements ........................................................................ 910 Fund-Raising .......................................................................................... 10 Damages/Liability/Insurance Requirements ..................................... 1011 Cancellations/Refunds ........................................................................... 11 Refundable Damage Deposit Requirements………………………………………12 General Regulations .......................................................................... 1112 VI. SITE MAP ............................................................................................ 1415 VII. Wifi ACCESS AT THE COMMUNITY CENTER… .................................... 1516 VIII. ON-SITE PUBLICITY POLICY ................................................................ 1617 IX. FEES & CHARGES ............................................................................... 1819 Fee Schedule for Weekday Uses ....................................................... 2019 Fee Schedule for Weekend Uses ....................................................... 2120 Processing Fees ................................................................................. 2122 Additional Charges ............................................................................ 2122 Deposits ............................................................................................. 2122 Equipment Use Policy & Fees ............................................................ 2223
TABLE OF CONTENTS
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 3 The Campbell Community Center is a unique community service complex. The site, which formerly housed the city's only high school, was purchased by the City of Campbell from the Campbell Union High School District in August of 1985. The facility was purchased primarily for the purpose of preserving its open space and recreational facilities for the use and enjoyment of the citizens of Campbell. An added highlight was the preservation of the beautiful historic buildings that front Campbell Avenue. Many of the classroom buildings are leased to various non-profit organizations, educational institutions and small businesses for the purpose of generating revenue to off-set the facility's operational costs. The City reserves specific areas to house the variety of recreation programs offered for citizens of all ages. The offices for the City's Recreation and Community Services Department are located on-site (Building C, Room 31).
When the City is not using the facilities for its classes and programs, it makes them available to the community for social, educational, athletic, and cultural activities. The available facilities include two banquet halls, several meeting rooms and classrooms, two gymnasiums, the football field, the plaza and adjacent athletic fields. In 2004 the City opened the newly renovated 800 -seat Heritage Theatre. The policies governing the use of this facility are not contained within this policy, andpolicy and are available by contacting the Theatre Manager at (408) 866-2797 or visiting our website at www.campbellca.gov.
The purpose of the Building Use Policy is to assure that the facilities are utilized for recreational, cultural, educational, social and community service functions that meet the needs and interests of the community, as well as to set clear policies, procedures, regulations and rental fees regarding such uses.
ORCHARD CITY BANQUET HALL (OCBH)
Maximum occupancy:
OCBH (Full Hall) OCBH North or South
Banquet Seating 299 125
Theater Seating 400 200
Classroom Seating 75 75
The Orchard City Banquet Hall (OCBH) is air -conditioned, has vinyl flooring and is suitable for large social gatherings, wedding receptions, banquets, meetings, etc. A dividing wall can separate this hall into two smaller rooms. It is equipped with wheelchair accessible restrooms, a full-service kitchen, wet bar and a lobby area that is immediately adjacent. Included in hall rental are tables, chairs, stage, piano, state of the art audio/visual equipment, and City staff to set-up and take-down City equipment and furnishings.
KITCHEN (in Orchard City Banquet Hall) Maximum occupancy – 15
The full servicefull-service kitchen contains ample stainless steelstainless-steel tables and counters, large stainless steelstainless-steel sinks (no garbage disposal), 2 Blodgett ovens, a 12 burner12-burner gas range, a microwave, and a large walk -in refrigerator. A separate back entry provides convenient caterer access.
NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
I. INTRODUCTION
II. FACILITIES AVAILABLE
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 4
ROOSEVELT REDWOOD ROOM (Q-80) Maximum occupancy: Banquet Seating - 125 Theater Seating – 200
Classroom Seating – 75
The Roosevelt Redwood Room (Room Q-80) is air-conditioned, has vinyl flooring and is furnished with motorized window shades. It is suitable for small social gatherings, wedding receptions, meetings, activities, etc. An adjacent kitchen contains a large refrigerator and freezer, a sink (no garbage disposal), an oven, microwave, and ample counter/work spaceworkspace. Public restrooms are located nearby at the west end of the buildingon the exterior of the building. Included in room rental rates are tables, chairs and City staff to set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided. Wireless Internet access is generally available; inquire at time of reservation if verification of availability is requested for classroom or training purposes. See WiFi Access on page 15.
MARY CAMPBELL ROOM (Q-84) Maximum occupancy: Theater Seating – 75 Classroom Seating – 50
The Mary Campbell Room (Room Q-84) is air-conditioned, has vinyl flooring, and offers tiered seating ideal for conferences, trainings and speaker meetings. Motorized window shades and a projector screen are included. Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to provide set-up and take-down of City’s equipment and furnishings.
Wireless Internet access is generally available; inquire at time of reservation if verification of availability is requested for classroom or training purposes. See Exhibit B.
MULTI-PURPOSE ROOM (M-50) Maximum occupancy: Banquet Seating – 100 Theater Seating – 120
Classroom Seating – 50
The Multi-Purpose Room (Room M-50) is tiled and air-conditioned, has tile floors, and. It has mirrors on two walls. An adjacent kitchen contains refrigerator, sink (no garbage disposal), a microwave and ample counter space. Restrooms are located inside the room. Included in rental rates are tables, chairs, and City staff to provide set-up and take- down of City’s equipment and furnishings. Customers must provide all their own utensils, towels, sponges, etc.
ADULT CENTER MEETING ROOM (C-35) Maximum occupancy: Banquet Seating – 60 Theater Seating – 80
Classroom Seating – 25
The Adult Center (50+) Meeting Room (Room C-35) is carpeted and air-conditioned and carpeted. It contains ample built-in counter spaces, a small sink (no garbage disposal), kitchenette (including a microwave, small mini refrigerator oven), and a piano. Alcoholic beverages are not allowed in this room. Included in rental rates are tables, chairs, and City staff to provide set-up and take-down of City’s equipment and furnishings.
BOARD ROOM (E-42) Maximum occupancy: Theater Seating – 29 Classroom Seating – 20
The Board Room (Room E -42) is air-conditioned, has vinyl flooring, a built inbuilt-in counter with a sink (no garbage disposal). in one corner , and air conditioning. This room is furnished with motorized black -out shades, and a white board. Alcoholic beverages are not allowed in this room. Included in the Board Room rental rates are tables, chairs and City staff to set-up and take-down the City’s equipment and furnishings.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 5
ACTIVITY ROOM (E-46) - Space is unavailable to reserve/rent. Location of the Campbell Express Library until 2024. Maximum occupancy: Banquet Seating – 49 Theater Seating – 49
Classroom Seating – 25
The Activity Room (Room E-46) i s a i r- c o n d i t i o n e d , has vinyl floors, tall ceilings with exposed ducting, motorized black-out shades, and a whiteboard and air-conditioning. There is a large residential style kitchen with ample counter space, refrigerator, oven, stove-top, microwave and sink (no garbage disposal). Included in Activity Room rental rates are tables, chairs, and staff to provide set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
DANCE STUDIOS (M-47 & N-76) Maximum occupancy – 20
The Community Center has two (2) Dance Studios. N-76 is air-conditioned and has a hardwood floor, and M-47 is also air-conditioned and has a Marley Floor. Both spaces have ballet bars and mirrors. Available for rent for dance classes and similar type uses. NO food, beverages, smoking or hard-soled shoes are allowed.
Insurance is required to rent Dance Studio Space.
MAIN GYMNASIUM (Bldg. P) Maximum occupancy – 180 in bleachers 100 on floor
The Main Gymnasium offers spectator seating for 180 in bleachers, six (6) basketball standards, two (2) volleyball courts, a hardwood floor, basketball score clock (additional charge), a lobby with restrooms and a ticket booth. NO food, beverage, smoking or hard-soled shoes allowed. Insurance is required to rent the Main Gymnasium.
AUXILIARY GYMNASIUM (Bldg. N) Maximum occupancy – 100
The Auxiliary Gym offers six (6) basketball standards, one (1) volleyball court, a hardwood floor, and score clock (additional fee). No spectator seating is available. One restroom is immediately adjacent. NO food, beverages, smoking or hard-soled shoes are allowed. Insurance is required to rent the Auxiliary Gymnasium.
ORCHARD CITY PLAZA Maximum occupancy – 100
The Plaza located adjacent to the OCBH and Building E may be available to rent on an hourly basis for private parties and receptions. The area is equipped with outside electrical and may be rent ed in conjunction with the OCBH. Reservation of this area cannot restrict access to OCBH or any other CCC rooms, and must be cordoned off to identify the parameters of the event. Requests to serve alcohol/food, utilize amplified sound or to set up tables and chairs will be subject to approval by the Director of Recreation and Community Services as well as the Chief of Police. Tables, chairs or other City equipment is not included in the rental price and is not available for outdoor use. If use of Plaza is approved, rental client will be responsible for rental and set- up of tables, chairs or other equipment.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 6
A. Priority for booking facilities will be given in the following order:
First priority:
• City of Campbell programs and events
• Non-profit organizations and foundations that exist solely for the purpose of supporting City programs and activities*
• Free public meetings held by elected representatives serving the Campbell area* • Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters*
• Free meetings offered by either of the Campbell school districts (CUHSD and CUSD) * • Free public meetings by other governmental agencies that serve Campbell residents* • Events by non-profit organizations who have assumed leadership for events once provided by the City* • Programs and activities offered by local non-profit organizations • Community Center Tenants
• Events sponsored by/for Campbell High School Alumni groups • Meetings or trainings by school districts or other governmental agencies that are not open to the public (CUHSD, CUSD, and Registrar of voters are each eligible for up to three reservations per calendar year at no charge)
*The bolded groups listed above can utilize the facility during non-peak hours free of charge. This will include basic staffing levels (i.e. building attendants or 2 technical staff) any services above basic staffing levels will have fees assessed at the time of booking. During peak hours the bolded groups listed above utilize the special rates listed in the fee schedule.
Second priority:
Private meetings, groups, parties, banquets, and social events.
To qualify for non-profit rates, customers must provide a copy of their letter of non -profit status from the California Secretary of State’s office with their non -profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name.
NOTE: Businesses renting the facilities for the purpose of sales must obtain and provide proof of a Campbell Business License, available from the Finance Department’s office at Campbell City Hall.
B. Applications for the following types of uses will not be accepted:
1. Dances or parties advertised and open to the general public.
2. Events in the honor of a minor where alcohol is served.
3. Events offering Carnival rides/activities or gambling and/or games of chance (unless a permit has been obtained from the State Department of Justice and has been approved by the Police Chief).
4. Events advertised over the Internet where advance registration is not required.
To qualify for the Campbell residency, it is the Campbell resident who must make the reservation, sign the forms, be responsible for the event and behavior of guests, and pay all applicable fees.
III. COMMUNITY CENTER BUILDING USE PRIORITIES
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 7 IV. RESERVATION REQUESTSS
A. APPLICATIONSRESERVATION REQUESTS:
1. Reservation requests Application may be made free of charge online in-person or in writing at/to the Campbell Community Center office a minimum of ten (10) days prior to the desired date of use. Please visit www.campbellca.gov/rentals for detailed information about how to make this request.
a. Facility Tours will only be scheduled once a reservation request has been made through the online system. Call (408) 866-2138 for an appointment between the hours of 8:00am - 5:30pm Mondays through Thursdays and 8:00am
b. Availability of rental spaces is available to be viewed online. Please visit www.campbellca.gov/rentals to learn more.
c. Once a reservation request has been made, rental clients will be contacted with the next steps in the reservation process as follows:
• Step 1: Visit www.campbellca.gov/rentals to learn how to make a free rental request online • View availability, select date and time, add to cart, begin checkout • Step 2: Answer questions about your event:
• Type of event, will alcohol be served, n umber of people estimate d to attend, is a tour needed?
• Step 3: Review guidelines and cancellation policy
• Step 4: Review details for the request and complete the transaction • Step 5: Pending the response to the need for a tour rental clients will be contacted via email to make an appointment to view the facility, once this appointment is made an estimate will be sent to be reviewed prior to tour appointment. If NO TOUR is selected, an estimate and payment link will be sent to the rental client.
• Step 6: Review estimate details and make full payment (all fees) to confirm rental of facility. – 4:30pm on Fridays.
2. All applicants must be at least 18 years of age or older (21 if alcohol is being served) and must be present throughout the entire use of the facility.
3. Full rental fees and applicable deposits are due 3-5 days after tour or estimate approval .at the time the reservation is made. NOTE: VISA, MasterCard, American Express and Discover charge cards are accepted. Uses will not be confirmed or approved until all fees are received. a. Applicants reserving facilities less than thirty (30) days in advance must pay in cash, Cashier's check, VISA, MasterCard, American Express and Discover or by guaranteed money order.
Personal or business checks will NOT be accepted less than 30 days prior to intended use. b. Non-Profit applicants who reserve for multiple uses (daily, weekly or monthly uses on one application) may qualify for monthly payments.
c. In all cases, payment must be made a minimum of ten (10) business days in advance of use.
4. No events may be scheduled before 8:00 a.m. or past 12:00 midnight (10:00pm on Sunday through Thursday evenings). No overnight uses are allowed. The time reserved must be inclusive of whatever the time is needed to set-up, decorate, etc. and clean-up at the conclusion of your use. The time stated on your application should be the actual time you wish to gain entry to the facility (not the time the event/function begins), and the time you anticipate being cleaned-up and gone. Do not expect entry before your scheduled time.
4.5. Cleaning the facility requires rental clients to “leave it as you found it”. Rental clients are expected to place trash, recycling, and organics in the provided bins, remove all decorations and guest by the permit end time. Please see section V. B. 9 and 10.
5.6. Some facility uses may require that the applicant obtain a Certificate of Insurance (see Section
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 8 V-D on page 10), or h ave ire security services present. Insurance certificates will need to be coordinated directly with the insurance provider of the renters choice. Security services will be coordinated by City of Campbell staff (see Section V-B-8 on page 9). These requirements will be noted and estimated when applicable on Facility Reservation PermitContract. Payment for roof of security services must be provided to the City of Campbell thirty (30) days prior to the event.
If insurance requirements are not met, or Security services not paid in full, thirty (30) days prior to the event date, the Facility Reservation PermitContract is subject to cancellation.
6.7. You must make an appointment to view the facilities , drop -ins will not be accom modated.
Appointments may be sc heduled with the Community Center staff (408 -866-2104). Facility availability varies and needs to be confirmed prior to making the appointment. after a reservation request has been submitted. This information will be emailed to the rental client.
7.8. ApplicationsReservation requests are not confirmed until applicant receives an approved Facility Reservation Permit. Absolutely no publicity or invitations should be distributed until the applicant receives official confirmation of the room reservation and all applicable fees have been paid. When security or insurance are required; applicant must meet requirements at least thirty (30) days prior to event/scheduled use or reservation will be subject to cancellation.
B. WHEN TO APPLY FOR USE:
1. Weekend Uses of Orchard City Banquet Hall and Roosevelt Room (Q-80):
Applications for weekend (Friday night, Saturday, Sunday) uses, such as wedding receptions may be filed up to one (1) year in advance of the desired date (Campbell Residents). If the year prior date falls on a Saturday, Sunday, or holiday, applicationsreservation requests will be accepted on the following business day. Non-residents of the City of Campbell can applysubmit a reservation request ten (10) days later, thereby providing residents with ten full days of priority.
2. Weekend uses of the Roosevelt Room (Q-80), Multi-Purpose Room (M-50) and Activity Room (E- 46):
Applications for weekend (Friday Night and anytime Saturday or Sunday) uses, such as wedding receptions may be filed up to six (6) months in advance of the desired date for Campbell Residents.
If the six-month prior date falls on a Saturday, Sunday, or holiday, applications will be accepted on the following business day. Non-resident of the City of Campbell can apply ten (10) days lat er, thereby providing residents with ten (10) full days of priority.
3. Other Uses:
Weekday uses, all Gym uses, and weekend uses of all other facilities may be submitted according to the following schedule:
FOR THE PERIOD OF: GROUP: APPLY ON:
January 1 through May 31 City, Tenants, & Non-profits November 15 All Others November 25
June 1 through August 31 City, Tenants, & Non-profits April 15 All Others April 25
September 1 through December 31
City, Tenants, & Non-profits
July 15
All Others July 25
3. Exceptions:
a. Major community events open to the general public and deemed to be of significant community interest may be submitted up to one year in advance.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 9 b. Non-Profit customers that meet on a regular weekly basis and where weekly meetings on the same day, time and place are integral to their success (churches, etc.), and have established a pattern of paying their monthly fees on time, are allowed to book their regular weekly uses up to one year in advance, subject to availability. b.c. Non-Profit groups that wish to conduct a large -scale event (for example a one -day conference) whi ch requires the need to rent multiple meeting and banquet spaces are subject to approval by the Director of Recreation and Community Services. d. The City of Campbell reserves the right to alter reservations for City needs with at least thirty (30) days advance notice.
c.
d.e.
A. DECORATIONS:
Any decorating, or covering of, or changes to the facilities shall be discussed at the time of applicationfacility tour. The Permittee shall be responsible for putting up any decorations and all ot her special preparations necessary for the function. All decorations and tape shall be removed at the conclusion of the function. Permittee shall be responsible for the removal of all decorations, tape, special preparations, Permittee's personal property, and any rented equipment immediately upon the conclusion of their event.
1. All decorations may only be applied with blue masking tape (except on wood floors). The use of cellophane, adhesive tape, nails, staples, screws, etc., is NOT allowed on walls or ceilings. Staples and pushpins are allowed only on tack strips and bulletin boards. All tape and string must be removed from all surfaces and equipment at the conclusion of the event.
2. Decorations may NOT be hung from light fixtures, ceilings, heat detector s, emergency lights, or acoustical wall/ceiling tiles.
3. Open flames (such as lighted candles) are NOT allowed without a permit from the Fire Marshal (Santa Clara County Fire Department), and even then must be in a container that does not allow the flame to exceed the height of the container (i.e.: hurricane lamp) or candle must be floated on water. All decorations must be flameproof or fire retardant.
4. Sterno flames for catering purposes are allowed.
5. Due to the sensitivity of the fire/smoke alarm system and the lingering odor, incense and fog/smoke machines are not allowed in any the Community Center’s facilities. If fire alarm is triggered, all guests must evacuate the building immediately until the Santa Clara County F ire Department provides approval to re-enter the facility. This will cause forfeiture of entire damage deposit and rental client will be responsible for any additional fees occurred for service from SCCFD.
6. All plants, trees, and shrubs must be in waterproof containers and must be carefully placed so as not to damage floor, tables, or block fire exits.
7. No foreign substance may be applied to the floor.
8. No rice, birdseed, confetti, glitter, or hay bales are permitted at the Campbell Community Center or on surrounding sidewalks and parking lots. Use will cause forfeiture of entire damage deposit.
9. For safety reasons, relocation or rearrangement of City equipment is not permitted. City staff on duty must perform any rearrangement of City furnishings and/or equipment. All doors must be kept clear in the event of an emergency evacuation.
B. ALCOHOLIC BEVERAGES:
The use of alcoholic beverages is allowed by prior written permit application only and must be requested at the time of applicationreservation request.
1. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of the use and forfeiture of all fees paid.
2. Alcoholic beverages to be consumed on the premises shall be limited to beer, wine and champagne only. Absolutely no hard liquor is allowed.
V. RULES AND REGULATIONS
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 10
3. Alcoholic beverages may be served, sold and/or consumed only in the interior of Orchard City Hall, the Roosevelt Redwood Room, Mary Campbell Room, Activity Ro om, Multi -Purpose Room and designated areas of the Orchard City Plaza. Alcoholic beverages are not to be served or consumed outside the specific area/room reserved; guests may not take alcoholic beverages outside into the common areas of the Community Cent er. Alcohol shall not be served, sold, or consumed in/from vehicles in the parking lot or on the premises.
4. Requests for serving and/or selling alcoholic beverages, in other rooms or common areas, for special occasions must be approved by the Chief of Polic e, after first receiving the approval of the Director of Recreation and Communication Services. If the presence of alcohol is deemed to conflict with other previously scheduled uses/users, the request may be denied.
5. Alcohol is NOT allowed at youth-oriented events or events held in the honor of a minor (Christenings, birthdays, graduations, coming-out parties, Quinceaneras, Bar or Bas Mitzvahs, etc.).
6. A group or organization wishing to sell alcoholic beverages at their function or provide alcoholic beverages with the cost of a meal or entry fee, must first obtain approval from the Campbell Police Department; and upon approval will be required to obtain, at their own expense, the appropriate permits and licenses (a 24-hour Liquor License) from the State Alcoholic Beverage Control Board. A 24-hour liquor license may be obtained at the:
Alcoholic Beverage Commission, Santa Clara County District Office 100 Paseo de San Antonio #119
San Jose, CA 95113
Telephone: (408) 277-1200
Evidence of this license must be on file in the Community Center office at least ten (10) days prior to the event/function.
7. Permittees sponsoring events where alcohol is sold will be required to obtain liquor liability insurance with the coverage outlined in items D -3 and 4 on pag es 12. Those actually selling the alcohol must have received the required training required by the ABC for alcohol sales (checking IDs, not selling to those already over-imbibed, etc.).
8. SECURITY - Permittees sponsoring/hosting events where alcoholic beverages are served or sold may be required, at their expense, to haveire security present. Approved security services will be required to be present for the duration of the event. NOTE: Security may be required and will be arranged by the Campbell Community Center when: alcohol is being served, your event is scheduled for more than 4 hours, and/or you expect/invited more than 100 people in attendance. Security fees due will be those in effect on the date of your event. A pre-event meeting and review will be scheduled with the Campbell Police Department prior to the event date, where the security requirements will be reviewed and confirmed. Security fees will be estimated at the time of your reservation request, and are subject to change on July 1 of each year. Current fees in effect on the day of the event will be charged in all cases. All security fees will be due no less than thirty (30) days prior to the event date. a. Police security will be billed at a minimum of 3 hours b. Security requirements: 1 2 officers for 150 or less in attendance and 2 3 officers for 151+ in attendance.
9. The Permittee is responsible for neatly disposing of all beverage containers and cartons in the provided receptacles. Recycling is encouraged and receptacles are provided for your use. If space is limited, please contact the Building Attendant staff for assistance.
10. Excessive spills of any beverages or other substances must be mopped up immediately to prevent accidents. Staff on duty will perform this for you; please notify them as soon as a problem exists so any safety hazards can be eliminated as soon as possible.
C. FUND-RAISING:
A fund-raising activity is defined as an event where an admission fee is charged for entry or participation or a donation is collected in order to raise funds for an organization, special cause, or individual.
Examples of fund-raisers may include, butinclude but are not limited to: Art Fairs where an admission
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 11 fee is collected, a Crab Feed, Spaghetti Dinner, or other banquet where an admission fee is charged, a Flea Market, an Auction, a Cook -Off, a Casino Night, a class or seminar where a fee is charged for participation, or any other event where fees or donations are collected on behalf of an organization, or business. NOTE: Religious/church services are not considered fund-raising activities.
1. Refer to item 8 under FG. General Regulations (page 1314--) for restrictions on Casino Nights and other “gambling” – type fundraisers.
2. Those selling products or services on-site are required to obtain and provide proof of a City of Campbell Business License, which may be obtained from the:
Finance Department
Campbell City Hall
70 N. First Street (at N. First Street & Civic Center Drive).
Campbell, CA 95008
(408) 866-2174
D. DAMAGES/LIABILITY/INSURANCE REQUIREMENTS:
1. The applicant shall be responsible for any and all damage to the City's premises, equipment, and property. If, after an activity, additional janitorial maintenance is required (in excess of normal cleaning services/time), the applicant will be charged accordingly.
2. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests/attendees.
3. All applicants requesting use of the gymnasium, dance studios or for events deemed potentially dangerous, will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
a. Public liability and propert y damage insurance in an amount not less than $1,000,000 per occurrence.
b. The City of Campbell, its agents, attorneys, employees, officials, and volunteers must be named as an additional insured.
c. The coverage shall not be canceled or reduced without at least fifteen (15) days written notice to the City of Campbell.
d. The certificate must be submitted to the Community Center office at least ten (10) days prior to the event.
4. All applicants requesting permission to sell alcoholic beverages must provide liquor liability insurance in an amount not less than $1,000,000 per occurrence, in addition to the insurance outlined above.
5. The City of Campbell is not responsible for accidents, injury, illness or loss of group or individual property.
E. CANCELLATIONS/REFUNDS:
The City's cancellation policy has been developed to discourage the last -minute cancellation of events.
If a cancellation is received on short notice, the City's ability to re-rent the facility is severely limited. The cancellation/refund policy is structured to offer the greatest refund in instances where the City has the highest probability of re-renting the facility.
1. In the event that cancellation of a confirmed reservation is necessary, it is the Permittee's responsibility to provide immediate written notification of such intent to cancel use (email to [email protected] or fax is acceptable: 408-374-6965). City staff will not accept or be held responsible for cancellations made by telephone. The earlier the notice is provided, the greater the refund of use fees. The refund schedule has been set to cover City costs and loss of potential revenues. NOTE: Cancellations will only be accepted from the Permittee (the person who submittedsigned the reservation request and signed permit waivers application), not from anyone else acting on their behalf. This policy is designed to prevent the unauthorized cancellation of an event.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 12
2. Refunds for cancellation of weekend (peak times Friday, Saturday, Sunday) uses of the banquet halls will be granted on the following basis:
a. Cancellations received more than four (4) months in advance of the scheduled use will receive a refund of the full amount paid less a $75 cancellation fee and the $25 processing fee. (COST to permit holder: $100)
b. Cancellations received 3 - 4 months in advance will receive a refund of the full amount paid less a $175 cancellation fee and the $25 processing fee. (COST to permit holder: $200) c. Cancellations received 2 - 3 months in advance will receive a refund of only 50% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$300)
d. Cancellations received 1 - 2 months in advance will receive a refund of only 25% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder:
$400)
e. Cancellations received less than one (1) month in advance will receive a refund only of fees paid in excess of $500 including a $25 processing fee. (MAXIMUM COST to permit holder: $500)
f. If less than ten (10) days notice of cancellation is provided, full us e fees will be charged/retained; no refund will be provided.
e.
3. Refunds for cancellation of all other uses will be granted on the following basis:
a. Cancellations received more than two (2) weeks in advance of the scheduled use will receive a refund of the full amount paid less the $25 processing fee and a $25 cancellation fee. (COST to permit holder: $50)
b. If notification is received less than two weeks in advance and more than 24 hours in advance, 25% of facility use fees, plus the $25 processing fee, and $ 25 cancellation fee will be retained. (MAXIMUM COST to permit holder: $125) c. If less than 24 hours’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
4. The City of Campbell reserves the right to cancel any use of facilities and/or equipment in emergency situations or when deemed necessary for the safety and best interests of the customers, the City of Campbell, and all concerned. In such cases, City will provide a full refund of all fees and deposits paid.
F. Refundable Damage Deposit Requirements:
1. Refundable damage deposits are processed for refund refunded 3-5 days after the last permitted use. The timeline of actual refund is 1-3 weeks pending the original payment type. See section IX. G.
3. 2. Refundable damage deposits are refunded if the following conditions are met:
a. No damage or loss to the room and/or surrounding area is caused because of the rental (including excessive trash or clean -up needs, damage from decorations etc.) . In the event damage to the room or excessive trash is observed the cost associated with any such damage will be withheld from the refundable damage deposit. The cost will be billed at minimum, $50 per hour related to the staff time required to correct damage to facility. b. Use of the facility does not exceed the permitted time. d.c. All City equipment and property is accounted for and undamaged.
F.G. GENERAL REGULATIONS:
1. Only City staff can operate the audio/visual equipment and dividing wall in the OCBH. In addition, only City staff can move tables or chairs. Your event set -up needs to be completed and provided to the Campbell Community Center one (1) week or five (5) business days prior to the scheduled event. Any changes to that agreed upon set-up must be completed by the City staff on-site. Call the staff person on duty for assistance at (408) 761-0350.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 13
2. Any person(s) violating the established Rules and Regulations or constituting a public nuisance may be required to leave the facility and premises.
3. Groups composed of minors must be supervised by one (1) adult for each twenty (20) minors throughout use of Community Center facilities. Children must be under adult supervision at all times.
Children are not allowed to run around the facility unsupervised.
Children are not allowed to run around the facility unsupervised.
4. For customer comfort, energy efficiency and consideration of our neighbors, all doors and windows must remain closed throughout the entire event.
5. ADVERTISING AND SIGNAGE:
a. Posting of flyers, signs , handbills, etc. on the Community Center buildings, posts, windows, doors, trees, kiosks, or other structures is strictly prohibited. Adequate signage exists to guide guests to your rented room. Permittees should be very specific on their invitations to provide guests with the specific name (Orchard City Banquet Hall, Roosevelt Redwood Room, etc.) and/or Room number (Q-80, E-46, etc.) of the facility they have rented for their event. Any signs or flyers found posted will be immediately removed and are subject to remo val fees of $25/sign. Directional sandwich signs are available for your use with advance notice, and subject to the fees outlined in Section VIIIExhibit A.
b. Events held at the Community Center and open to the public are eligible to be advertised on the reader-board sign, subject to the applicable fees and charges. See On-Site Publicity Administrative Policy for more information. Add page after formatting
c. Events advertised by mailed or emailed flyers are required to list the Permitee’s phone number for directions or questions (do not list the Community Center phone number!). Permittee is required to list the correct room number for the room where the event is held on all fliers (do not list the Community Center Office suite number!). Mi sinformation on event publicity that causes undue additional work for Community Center staff is cause for additional charges for staff time. d. Internet Advertised Events:
Meetings/events inviting persons unknown to the host(s), via the Internet, will be allo wed only under the following circumstances:
• Advertisement must state that participants must register in advance; • Registration system must be capable of maintaining a current count of registrants; • Registration is capable of being closed once the registration reaches the maximum capacity of the room;
• All advertising, location, and directions to the meeting must be removed from the Internet once the maximum capacity has been reached.
• A staffed check-in table is required where registrants are checked -in and the number of participants who have entered the premises is readily available. Once the maximum capacity of the room is attained, absolutely no additional persons are to be admitted.
NOTE: The existing prohibition on dances and/or parties open to the general public (see Section III-B-1 on page 7) remains in effect. Room occupancy limits will be enforced for all events.
6. Permittees are only to use those facilities and equipment specifically de signated on the Facility Reservation permitn Contract. Staff on duty does not have the authority to grant use of additional facilities, equipment, or time extensions. Any time the facility is occupied beyond the scheduled time will be billed at 1½ times th e standard rate for the overtime use. Use or occupancy of the facility beyond 12:00 midnight will be billed at 2 times the standard rate for the overtime use. cause forfeiture of Permittee’s entire damage deposit.
7. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. Standing on tables or chairs or sitting on tables is prohibited.
8. SMOKING/VAPING OR USE OF ELECTRONIC CIGARETTES IS NOT PERMITTED AT THE CAMPBELL COMMUNITY CENTER. Th e Community Center is considered a “Public Recreation Area ” smoking/vaping and e -cigarettes are not permitted inside or near any facilities as well as in any
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 14 outdoor area including the parking lot, athletic fields etc. IN ANY INDOOR AREAS, Municipal Code Chapter 6.11.020 . and recent State Law prohibits smoking within 20 feet of a door or operable window to a public building. Permittees are responsible to make sure their smoking guests are respectful of these regulations and other users of the Community Center.
9. Card Games, Games of Chance, Raffles and Lotteries are governed by the California Department of Justice. Non-profit organizations desiring to conduct a fundraiser using controlled games (Casino Nights or other gambling events) as a funding mechanism are subject to the limitations of the law as outlined in Chapter 5 of Division 8 of the CA Business and Professions Code (see Section 1, Article 17 commencing with Section 19985).
Web Reference:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title= &part=&chapter=5.&article=17. The law specifies that:
a. Non-profit organizations must have been in existence and operation for at least 3 years and must register annually with the Division of Gambling Control; b. Organizations are limited to one such event (5-hour limit) per year; c. At least 90% of the gross revenue from the fundraiser (not including facility use fees) must go directly to the non-profit organization.;
d. No cash prizes or wagers may be awarded to participants and maximum value of donated prizes shall not exceed $500 for an individual prize and $5,000 for the total value of all prizes awarded. e. The hosting organization is required to register their event with the CA Department of Justice and is subject to their reporting requirements following the event. f. The Community Center is limited to holding no more than four such fundraisers in any calendar year, even if sponsored by different nonprofit organizations. Please inquire if you desire to conduct such an event.
g. Raffles conducted by non-profit organizations are authorized by California Penal Code Section 320.5, provided the following conditions are met:
• Tickets must be sold with a detachable coupon or stub; • Winners must be determined by drawing coupons or stubs by a person 18 years of age or older;
• At least 90% of the gross receipts must go to charitable or beneficial purposes; • The host organization must register annually with the State Department of Justice and report gross receipts, operational expenses, and distribution of funds. h. Except for the State Lottery, lotteries or raffles by individuals or organizations under conditions other than those described above are illegal.
i. No Bingo game shall be conducted by any organization or other legal entity on city property unless first approved by the Chief of Police and the use of city property has specifically been approved for this purpose by the City Council. (Ord. 1128 1 (part), 1977: Ord 1049 (part), 1976).
10. The Recreation and Community Services Director or other duly authorized representative on duty shall have the right to enter all facilities at any time during any and all uses.
11. Permits/reservations cannot be transferred, assigned or sublet.
12. The Recreation Services Manager shall regulate or prohibit such activity or use, which in his/her judgment is determined to be of a hazardous nature or is potentially dangerous or damaging to property or is not in the best interests of the citizens of the City of Campbell.
13. Businesses or organizations wishing to hold an auction are required to obtain approval from the Campbell Police Department, purchase a Campbell Business License and provide proof of liabili ty insurance See Section V.D. (Liability /Insurance Requirements) for insurance requirements.
14. The misuse of the Community Center, failure to conform with facility regulations, or any other Federal, State or local law, rule, regulation or ordinance shall be sufficient reason for immediate termination of permit. No refund will be granted. This shall include overcrowding of the posted maximum capacity for the room in use, serving alcohol to minors, and the presence/serving of hard alcohol.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 15
15. The City Council shall have the authority to waive or modify these rules at their discretion. Any and all requests/variances shall be considered individually and shall not be automatically applied as a matter of precedent to past or future uses of a similar nature. Waiver of any stated rule shall be directed, in writing, to the Director of Recreation & Community Services at least 90 days prior to the date of use.
16. The City reserves the right to amend fees and charges as deemed necessary. Previously approved reservations will not be affected by new rates.
17. Firearms, weapons and open flames are prohibited pursuant to Municipal Code Chapter 13.04
18. This Building Use Policy supersedes any policy now in effect and will take effect on July 1, 2022 August 16, 2022.
18.19. Animals (including performing animals, birds, or pets) are not allowed except for service animals. Dogs are allowed on a leash throughout the outdoor areas of the Community Center.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 16
VI. SITE MAP
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 17
WiFi is generally available at the Community Center but is not guaranteed in all rental locations. Any facility rental client who is counting on the availability of WiFi services should make their own arrangements forto supply a dedicated hot spot for the success of their event.
Access to Wifi is available only through a scheduled use of Community Center facilities, subject to applicable facility use fees. As with all WiFi systems, connection speeds may be slower when there are many users on the system. For classroom purposes, no more than 40 are recommended to be on the system at the same time.
Any facility rental client who is counting on the availability of WiFi services for the success of their use is required to notify Community Center office staff at the time they make their reservation (minimum 10 days in advance). If client requests the City’s IT staff to perform a check of the system to assure its availability, that service can be provided for an IT service fee of $50.00. City IT staff will then check the system to assure that the Internet connection and WiFi is properly working and/or make the necessary repairs, if possible, by the time of the scheduled use. NOTE: City Information Technology staff are available to meet with facility rental clients during the City’s normal operating hours, and are not available on nights, weekends or City Holidays.
The City’s IT staff will not configure or troubleshoot WiFi connection issues . with non-City owned devices connecting to the WiFi service. The system check will be a verification that a City laptop can connect to the WiFi service, and subsequently connect to the Internet. The client/facility user is responsible for making sure that their clients’/students’ laptops don't have any compatibility issues, and getting them set up on the wireless connection. Each computer can be different and City staff cannot provide this lev el of individual service – that is the client’s responsibility.
The City shall not be responsible for any downtime on the Comcast-provided WiFi and makes no guarantees that the connection will be sufficient for any event. If Comcast has a system- wide or area wide system failure affecting service in the Community Center, the City shall not be responsible for this service failure and the fees paid for the rental of the room shall remain in force and not subject to forfeiture for this reason.
VII. ACCESS TO WIFI AT THE COMMUNITY CENTER
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 18
Purpose:
The purpose of this policy is to establish guidelines for the placement of allowable publicity on th e Community Center site, including, but not limited to use of the Reader Board/marquee, banners, posters, and flyers that will be both effective and attractive, while not being a nuisance or distraction or otherwise detract from the aesthetics of the Community Center.
Multimedia Reader Board Sign:
The Reader Board sign is available to publicize the following activities:
1. City events and activities including events sponsored by non-profits that exist solely to support City programs (i.e. Friends of the Heritage Theatre and the Museum Foundation);
2. Heritage Theatre season show sponsors;
3. Notice of upcoming Campbell High School reunion events;
4. Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the City or require downtown street closures, or held in City parks or facilities;
5. Messages regarding youth sports league sign-ups occurring at the Community Center;
6. Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the Campbell community.
7. Messages from outside organizations may appear no more than 4 weeks in advance of the event date.
8. Messages are subject to fees as outlined in the fee schedule below, with the following exceptions:
a. Events or meetings administered by the City of Campbell; b. Notices from local community or business organizations regarding public events, meetings or activities co-sponsored by the City and occurring in City Parks, facilities, or the downtown area;
c. Notices from other public agencies or legislators serving the Campbell community regarding public forums, Town Hall meetings or other public meetings of general interest to the community (messages for fundraisers are not subject to fee exceptions);
d. Notices from public schools regarding free events or meetings of general public interest (messages for fund -raisers or special events involving an entry fee not subject to fee exceptions).
Banners & Signs:
1. All signs and banners must be approved, in advance, by the Recreation Community Services Director, or his/her designee.
2. Signs and banners are allowed only on the day of the event to help guide patrons to the activity, and they are allowed only in the specific location(s ) approved by City staff. Banners may not be hung or attached to existing fences and signs. The only building that may be used to display banners is the Concession Stand building and only for events that are being held in the Stadium and/or Athletic Fields.
3. Signs must be hung in a manner that will cause no permanent damage to the building or facility. Nails and tape shall not be used to hang banners or signs. Penetrations in landscaped areas shall be approved, in advance, by the Grounds Maintenance Supervisor or his/her designee so as to avoid damage to irrigation and other underground piping. Banner Hanging Fees are outlined in the fee schedule section on page 18.below.
VIII. ON-SITE PUBLICITY POLICY
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 19 All banners must be professional vinyl banners with side sleeves for side posts or metal grommets for plastic ties or carabineers. The banner and all hanging devices must be completely removed immediately following the event (same day). The City is not responsible for banners left for more than 10 days after the event.
Posters & Flyers:
1. Posters or flyers advertising events/programs of general public interest relating to recreational, cultural, athletic, community education, or social services available, may be submitted from public agencies, non-profit organizations and Community Center tenants to be displayed in the Community Center’s display case at the west end of Building E. All posters/flyers are subject to the approval of the Recreation & Community Services Director or his/her designee and must be professional in appearance (no handwriting). Posters will be displayed as space and time permit.
2. Posters regarding events occurring in the Heritage Theatre or at the Community Center may be submitted for display, up to one month in advance, in the (3) kiosk directories on -site. Posters shall not exceed 12” wide x 17” length, must be professionally printed (not hand - written) and will not be returned to the provider.
3. Only flyers regarding events provided by the City of Campbell or events occurring in the Heritage Theatre may be submitted for display in the various (5) pedestrian kiosks on -site. These signs shall be laminated, and finished size shall be exactly 8½” x 11”. Flyers shall be delivered to the Community Center Office, #C -31 at least one week in advance of desired posting date and no more than one month in advance of the event date.
4. Posters/flyers for private businesses will not be posted.
5. Posters, flyers and directional signs shall not be attached to the exterior of any building, post, wall, fence, sign, kiosk or other structure of any type. When they are found they will be immediately removed and any costs for removal and/or repair of damage (paint remov al) will be billed to the sponsoring agency or individual.
6. Flyers, handbills, coupons or other literature may not be distributed by hand, left on vehicles or otherwise distributed on site at the Campbell Community Center.
Directional Signs:
1. The signage program at the Community Center is sufficient to direct visitors to any room on campus, provided the visitor has the correct name or room number of their intended destination.
2. Informational and directional signs for events being held at the Community Center are allowed only when scheduled in advance with the Reservations Staff and posted in/on the provided plastic A-frame signs. When customer provides the sign(s) there is no charge for this service. If the City provides signs, the cost is $25 to cover staff time to prepare signs. Signs must be computer-generated and attractive; hand-printed signs will not be allowed. Signs are for interior site use only. Signs of any kind are not allowed on the public right-of-way (visible from Campbell Ave., Winchester Blvd., or Latimer Ave.).
Fees:
Readerboard Messages $33/message/week
Modifications to Readerboard Messages $15/message
Banner Hanging $25/banner
Directional Signs created by City staff $25/set
All fees are payable, in advance, to the City of Campbell in the Community Center main Recreation Office C-31 as part of the facility permit..
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 20 IX. FEES AND CHARGES
The fees and charges set forth here are NOT negotiable; City staff does not have authority to waive or reduce fees. All fees and security/damage deposit are due at the time the reservation is submitted to hold the date and facility.
Minimum rental time: 2 hours for regular uses and 3 hours for banquet hall uses during non-operating (peak) hours.
A. Definition of Terms:
a. NON-PROFIT: To qualify for non-profit rates, customers must provide a copy of their letter of non- profit status from the California Secretary of State’s office with their non-profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. b. SPECIAL PEAK RATES: Special peak rates are for the following reservations:
I. Public meetings held by elected representatives serving the Campbell area II. Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
III. Meetings offered by either of the Campbell school districts (CUHSD and CUSD) IV. Public meetings by other governmental agencies that serve Campbell residents V. Events by non-profit organizations who have assumed leadership for events once provided by the City
VI. Programs and activities for which there is no entry fee for participation or attendance offered by local non-profit organizations
VII. Community Center Tenants
VIII. Events sponsored by/for Campbell High School Alumni groups IX. Meetings or trainings by school districts or other governmental agencies that are not open to the public
The above listed reservations can use the facility during non-peak time with basic staffing levels (2 building attendants or 1 technician) any charges above this will be assessed at the time of booking. The CUSD & CUHSD are limited to 3 uses per year.
CAMPBELL RESIDENT: To qualify for Campbell Resident discount, customers must provide proof of residency (i.e. driver’s license, utility bill etc.). Permit holder and payee must be in the same name to qualify for resident discount.
B. Resident Discount:
Campbell Residents paying for a rental will be given the following discount on building rental rates:
$25 Per hour discount for rental of the full Orchard City Banquet Hall $5 Per hour discount for all other building rental rates
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 21
C. Facility rental fees for uses occurring during off-peak (normal operating) hours shall be assessed as follows:
(Monday through Thursday, 8:00am - 10:00pm and Fridays 8:00am to 5:00pm, except on recognized City holidays)
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
COMMUNITY CENTER BUILDING USE FEES – OFF PEAK
Orchard City Banquet Hall
with Kitchen Per Hour
Orchard City Banquet Hall
North or South Per Hour
Kitchen in OCBH Per Hour
Roosevelt Redwood Room
(Q-80) Per Hour
Mary Campbell Room (Q-84) Per Hour
Multi-Purpose Room (M-50) Per Hour
Adult Center Meeting Room
(C-35) Per Hour
Dance Studios (M-47, N-76) Per Hour
Activity Room (E-44) Per Hour
Conference Room (E-42) Per Hour
Main Gym (Bldg. P) Per Hour
Auxiliary Gym (Bldg. N) Per Hour
CCC Plaza Per Hour
Vacant Leased Space Per Hour
Base Hourly
Rate
Non-Profit
Rate
$135 $115
$95 $75
$56 $51
$95 $75
$70 $60
$85 $75
$70 $60
$65 $55
$55 $45
$55 $45
$70 $60
$60 $50
$41 $36
$55 $45
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 22
COMMUNITY CENTER BUILDING USE FEES - PEAK
D. Facility rental fees for uses during peak (NON-OPERATING) hours shall be assessed as follows:
Special
Peak Rates
Base Hourly
Rate
Non-Profit
Rate
Orchard City Banquet Hall
with Kitchen Per Hour $100 $250 $200
Orchard City Banquet Hall
North or South Per Hour N/A N/A N/A
Kitchen in OCBH Per Hour N/A $61 $56
Roosevelt Redwood Room
(Q-80) Per Hour $52 $130 $105
Mary Campbell Room (Q-84) Per Hour $35 $95 $70
Multi-Purpose Room (M-50) Per Hour $47 $120 $95
Adult Center Meeting Room
(C-35) Per Hour $35 $95 $70
Dance Studios (M-47, N-76) Per Hour N/A $80 $70
Conference Room (E-44) Per Hour $25 $75 $50
Board Room (E-42) Per Hour $25 $75 $50
Main Gym (Bldg. P) Per Hour $43 $95 $85
Auxiliary Gym (Bldg. N) Per Hour $33 $75 $65
CCC Plaza Per Hour $23 $51 $46
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 23
COMMUNITY CENTER BUILDING USE FEES
E. Processing Fees:
1. All applications are subject to a non-refundable $25 Processing Fee.
2. Any changes in time, date(s) or use made to a multi-use permit, or made less than thirty (30) days prior to a one-time use, are subject to an additional $25 Processing Fee.
F. Additional Charges:
1. 2.
All hourly fees are subject to a 2% Facility Preservation Fee. The Preservation Fee is calculated at time of permit and all fees are due at time of payment.
A janitorial service fee of $100 be required on rentals serving food in excess of 75 participants/guests. This fee will be due at time of payment.
3. A security service fee may be required for all rentals serving alcohol and in excess of 75 participants.
4. Uses which extend beyond the approved reserved time will be charged at 1½ times the normal rental rate.
4. A security fee will be required for all rentals serving alcohol and in excess of 75 people attending.
5. Uses which extend beyond 12:00 midnight will be charged at two (2) times the normal rental rate.
6. Reservations for recognized City holidays are subject to additional fees to cover staff holiday pay (1½ times the normal rental rate), when staff can be obtained to take the assignment.
G. Deposits:
1. Refundable cleaning/damage/security deposits are required for the following uses in the following amounts:
Facility FY 22/23
a) Use of Orchard City Banquet Hall $500
b) Uses of Roosevelt Room (Q-80), Multi-Purpose Room (M-50), or Activity Room (E-46) $300 c) Uses of Meeting Rooms $100
d) Uses of Gymnasiums $100
e) Plaza $100
2. The City reserves the right to deduct from the damage deposit additional charges relating to, but not limited to, additional janitorial services, maintenance/repair services, staff supervisor’s time, or emergency services that were required as a result of your use.
3. Deposits may be fully or partially withheld for any of the following reasons:
a. Facility use fees for time used in excess of that reserved. b. Damage to facility or equipment.
c. Misuse of the Community Center (refer to item F-3 in Section V). d. Inadequate cleanup by customer requiring additional custodial time/services after customer’s use. e. Damage to landscaping and/or outdoor equipment; or
f. Misrepresentation of the type of event held, or group/individual actually using the facility.
4. If additional fees due exceed the amount of deposit, customer will be billed for the balance.
5. Deposits, less any applicable additional charges, will be processed through the City's Finance Department, approved by City Council, and returned to the customer by the same method the original payment was made. If paid by credit card all efforts will be made to submit refund to same credit card, if payment was made by cash, check or cashiers check, a check will be sent by mail within 30 days of the date of last use. The City reserves the right to return a damage deposit by chec k if the original form of payment is no longer available (credit card expired etc.)
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 24
6. It is the customer's responsibility to keep the Campbell Community Center office informed of any address, or telephone changes that may affect the prompt return of the customer’s deposit.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 25 H. Equipment Rental & Fees
For the convenience of facility users, the City will make available the listed equipment for use in/on City facilities. This equipment is available exclusively for use on/at City facilities and may not be rented for personal or off-site use.
1. Reservations:
Equipment must be reserved at least ten (10) days prior to the desired date of use on the Facility Use Reservation form.
Meeting Room Equipment FY 22/23
a) Coffee Urn - 100 Cup $10 per day
b) Coffee Urn - 35 Cup $5 per day
c) Directional Sandwich Signs free with room rental
d) LCD Projector $100 per day
e) Podium free with room rental
f) Portable Easel (Each Easel) $5 per day
g) Portable Easel with Easel Pads (Each Easel) $25 per day h) Portable Projection Screen $10 per day
i) Portable PA Systems $50 per day
j) Stanchions $25 per day
k) TV & DVD/VCR on Cart $25 per day
l) Microphone $10 per day
Athletic Equipment FY 22/23
a) Basketball Scoreboard Control (portable) $25 per day b) Football Scoreboard Control $10 per day
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Attachment: CCCBuildingUsePolicy 8.16.22 -Redlined Version (Update to Campbell Community Center Building Use Policy)
Recreation and Community Services Department
1 West Campbell Avenue, # C-31
Campbell, CA 95008
(P) 408.866.2104 ▪ (F) 408.374.6965
[email protected]
www.campbellca.gov/
Office Hours
8:00 a.m. – 5:00 p.m. Monday – Friday
Campbell Community Center
Building Use Policy
Effective August 16, 2022
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 2
I. INTRODUCTION ....................................................................................... 3 II. FACILITIES AVAILABLE .............................................................................. 3 III. PRIORITIES FOR USE ................................................................................ 6 IV. RESERVATION REQUESTS......................................................................... 7 Requests .................................................................................................. 7 When to Apply......................................................................................... 8 V. RULES AND REGULATIONS ...................................................................... 9 Decorations ............................................................................................. 9 Alcoholic Beverages ................................................................................. 9 Security Requirements .......................................................................... 10 Fund-Raising .......................................................................................... 10 Damages/Liability/Insurance Requirements ......................................... 11 Cancellations/Refunds ........................................................................... 11 Refundable Damage Deposit Requirements………………………………………12 General Regulations .............................................................................. 12 VI. SITE MAP ................................................................................................ 15 VII. Wifi ACCESS AT THE COMMUNITY CENTER… ........................................ 16 VIII. ON-SITE PUBLICITY POLICY .................................................................... 17 IX. FEES & CHARGES ................................................................................... 19 Fee Schedule for Weekday Uses ........................................................... 20 Fee Schedule for Weekend Uses ........................................................... 21 Processing Fees ..................................................................................... 22 Additional Charges ................................................................................ 22 Deposits ................................................................................................. 22 Equipment Use Policy & Fees ................................................................ 23
TABLE OF CONTENTS
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 3 I. INTRODUCTION
II. FACILITIES AVAILABLE
The Campbell Community Center is a unique community service complex. The site, which formerly housed the city's only high school, was purchased by the City of Campbell from the Campbell Union High School District in August of 1985. The facility was purchased primarily for the purpose of preserving its open space and recreational facilities for the use and enjoyment of the citizens of Campbell. An added highlight was the preservation of the beautiful historic buildings that front Campbell Avenue. Many of the classroom buildings are leased to various non -profit organizations, educational institutions and small businesses for the purpose of generating revenue to off-set the facility's operational costs. The City reserves specific areas to house the variety of recreation programs offered for citizens of all ages. The offices for the City's Recreation and Community Services Department are located on-site (Building C, Room 31).
When the City is not using the facilit ies for its classes and programs, it makes them available to the community for social, educational, athletic, and cultural activities. The available facilities include two banquet halls, several meeting rooms and classrooms, two gymnasiums, the football fi eld, the plaza and adjacent athletic fields. In 2004 the City opened the newly renovated 800 -seat Heritage Theatre. The policies governing the use of this facility are not contained within this policy and ,are available by contacting the Theatre Manager at (408) 866-2797 or visiting our website at www.campbellca.gov.
The purpose of the Building Use Policy is to assure that the facilities are utilized for recreational, cultural, educational, social and community service functions that meet the needs and interests of the community, as well as to set clear policies, procedures, regulations and rental fees regarding such uses.
ORCHARD CITY BANQUET HALL (OCBH)
Maximum occupancy:
OCBH (Full Hall) OCBH North or South
Banquet Seating 299 125
Theater Seating 400 200
Classroom Seating 75 75
The Orchard City Banquet Hall (OCBH) is air -conditioned, has vinyl flooring and is suitable for large social gatherings, wedding receptions, banquets, meetings, etc. A dividing wall can separate this hall into two smaller rooms. It is equipped with wheelch air accessible restrooms, a full -service kitchen, wet bar and a lobby area that is immediately adjacent. Included in hall rental are tables, chairs, stage, piano, audio/visual equipment, and City staff to set-up and take-down City equipment and furnishings.
KITCHEN (in Orchard City Banquet Hall) Maximum occupancy – 15
The full -service kitchen contains ample stainless -steel tables and counters, large stainless -steel sinks (no garbage disposal), 2 Blodgett ovens, a 12-burner gas range, and a large walk-in refrigerator. A separate back entry provides convenient caterer access. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 4
ROOSEVELT REDWOOD ROOM (Q-80) Maximum occupancy: Banquet Seating - 125 Theater Seating – 200
Classroom Seating – 75
The Roosevelt Redwood Room (Room Q-80) is air-conditioned, has vinyl flooring and is furnished with motorized window shades. It is suitable for small social gatherings, wedding receptions, meetings, activities, etc. An adjacent kitchen contains a large refrigerator and freezer, a sink (no garbage disposal), an oven, microwave, and ample counter/workspace. Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
MARY CAMPBELL ROOM (Q-84) Maximum occupancy: Theater Seating – 75 Classroom Seating – 50
The Mary Campbell Room (Room Q-84) is air-conditioned, has vinyl flooring, and offers tiered seating ideal for conferences, trainings and speaker meetings. Motorized window shades and a projector screen are included. Public restrooms are located nearby on the exterior of the building. Included in room rental rates are tables, chairs and City staff to provide set-up and take-down of City’s equipment and furnishings.
MULTI-PURPOSE ROOM (M-50) Maximum occupancy: Banquet Seating – 100 Theater Seating – 120
Classroom Seating – 50
The Multi-Purpose Room (Room M -50) is air-conditioned, has tile floors, and mirrors on two walls. An adjacent kitchen contains refrigerator, sink (no garbage disposal), a microwave and ample counter space.
Restrooms are located inside the room. Included in rental rates are tables, chairs, and City staff to provide set-up and take- down of City’s equipment and furnishings. Customers must provide all their own utensils, towels, sponges, etc.
ADULT CENTER MEETING ROOM (C-35) Maximum occupancy: Banquet Seating – 60 Theater Seating – 80
Classroom Seating– 25
The Adult Center (50+) Meeting Room (Room C-35) is air-conditioned and carpeted. It contains ample built- in counter space, a small sink (no garbage disposal), a microwave, small mini refrigerator, and a piano.
Alcoholic beverages are not allowed in this room. Included in rental rates are tables, chairs, and City staff to provide set-up and take-down of City’s equipment and furnishings.
BOARD ROOM (E-42) Maximum occupancy: Theater Seating – 29 Classroom Seating – 20
The Board Room (Room E-42) is air-conditioned, has vinyl flooring, a built-in counter with a sink (no garbage disposal). This room is furnished with motorized black -out shades, and a white board. Alcoholic beverages are not allowed in this room. Included in the Board Room rental rates are tables, chairs and City staff to set-up and take-down the City’s equipment and furnishings.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 5
ACTIVITY ROOM (E-46) - Space is unavailable to reserve/rent. Location of the Campbell Express Library until 2024.
The Activity Room (Room E-46) i s a i r- c o n d i t i o n e d , has vinyl floors, tall ceilings with exposed ducting, motorized black-out shades, and a whiteboard. There is a large residential style kitchen with ample counter space, refrigerator, oven, stove-top, microwave and sink (no garbage disposal). Included in Activity Room rental rates are tables, chairs, and staff to provide set-up and take-down of City’s equipment and furnishings. NOTE: Utensils, cookware, silverware, dinnerware, towels, potholders, sponges, cleaning supplies, etc. are not provided.
DANCE STUDIOS (M-47 & N-76) Maximum occupancy – 20
The Community Center has two (2) Dance Studios. N-76 is air-conditioned and has a hardwood floor, M-47 is also air-conditioned and has a Marley Floor. Both spaces have ballet bars and mirrors. Available for rent for dance classes and similar type uses. NO food, beverages, smoking or hard -soled shoes are allowed.
Insurance is required to rent Dance Studio Space.
MAIN GYMNASIUM (Bldg. P) Maximum occupancy – 180 in bleachers 100 on floor
The Main Gymnasium offers spectator seating for 180 in bleachers, six (6) basketball standards, two (2) volleyball courts, a hardwood floor, basketball score clock (additional charge), a lobby with restrooms and a ticket booth. NO food, beverage, smoking or hard -soled shoes allowed. Insurance is required to rent the Main Gymnasium.
AUXILIARY GYMNASIUM (Bldg. N) Maximum occupancy – 100
The Auxiliary Gym offers six (6) basketball standards, one (1) volleyball court, a hardwood floor, and score clock (additional fee). No spectator seating is available. One restroom is immediately adjacent. NO food, beverages, smoking or hard-soled shoes are allowed. Insurance is required to rent the Auxiliary Gymnasium.
ORCHARD CITY PLAZA Maximum occupancy – 100
The Plaza located adjacent to the OCBH and Building E may be available to rent on an hourly basis for private parties and receptions. The area is equipped with outside electrical and may be rented in conjunction with the OCBH. Reservation of this area cannot restrict access to OCBH or any other CCC rooms and must be cordoned off to identify the parameters of the event. Requests to serve alcohol/food, utilize amplified sound or to set up tables and chairs will be subject to approval by the Director of Recreation and Community Services as well as the Chief of Police. Tables, chairs, or other City equipment is not included in the rental price and is not availabl e for outdoor use. If use of Plaza is approved, rent al client will be responsible for rental and set -up of tables, chairs, or other equipme nt.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 6 III. COMMUNITY CENTER BUILDING USE PRIORITIES
A. Priority for booking facilities will be given in the following order:
First priority:
• City of Campbell programs and events
• Non-profit organizations and foundations that exist solely for the purpose of supporting City programs and activities
• Free public meetings held by elected representatives serving the Campbell area • Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
• Free meetings offered by either of the Campbell school districts (CUHSD and CUSD) • Free public meetings by other governmental agencies that serve Campbell residents • Events by non-profit organizations who have assumed leadership for events once provided by the City • Programs and activities offered by local non-profit organizations • Community Center Tenants
• Events sponsored by/for Campbell High School Alumni groups • Meetings or trainings by school districts or other governmental agencies that are not open to the public (CUHSD, CUSD, and Registrar of voters are each eligible for up to three reservations per calendar year at no charge)
Second priority:
Private meetings, groups, parties, banquets, and social events.
To qualify for non -profit rates, customers must provide a copy of their letter of non -profit status from the California Secretary of State’s office with their non -profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non -profit status, check/charge card, and permit must all be in the same name.
NOTE: Businesses renting the facilities for the purpose of sales must obtain and provide proof of a Campbell Business License, available from the Finance Department’s office at Campbell City Hall.
B. Applications for the following types of uses will not be accepted:
1. Dances or parties advertised and open to the general public.
2. Events in the honor of a minor where alcohol is served.
3. Events offering Carnival rides/activities or gambling and/or games of chance (unless a permit has been obtained from the State Department of Justice and has been approved by the Police Chief).
4. Events advertised over the Internet where advance registration is not required.
To qualify for the Campbell residency, it is the Campbell resident who must make the reservation, sign the forms, be responsible for the event and behavior of guests, and pay all applicable fees.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 7 IV. RESERVATION REQUESTS
A. RESERVATION REQUESTS:
1. Reservation requests may be made free of charge online a minimum of ten (10) days prior to the desired date of use. Please visit www.campbellca.gov/rentals for detailed information about how to make this request.
a. Facility Tours will only be scheduled once a reservation request has been made through the online system.
b. Availability of rental spaces is available to be viewed online. Please visit www.campbellca.gov/rentals to learn more.
c. Once a re servation request has been made, rental clients will be contacted with the next steps in the reservation process as follows:
• Step 1: Visit www.campbellca.gov/rentals to learn how to make a free rental request online • View availability, select date and time, add to cart, begin checkout • Step 2: Answer questions about your event:
• Type of event, will alcohol be served, number of people estimated to attend, is a tour needed?
• Step 3: Review guidelines and cancellation policy
• Step 4: Review details for the request and complete the transaction • Step 5: Pending the response to the need for a tour rental clients will be contacted via email to make an appointment to view the facility, once this appointment is mad e an estimate will be sent to be reviewed prior to tour appointment. If NO TOUR is selected, an estimate and payment link will be sent to the rental client.
• Step 6: Review estimate details and make full payment (all fees) to confirm rental of facility.
2. All applicants must be at least 18 years of age or older (21 if alcohol is being served) and must be present throughout the entire use of the facility.
3. Full rental fees and applicable deposits are due 3-5 days after tour or estimate approval. NOTE:
VISA, MasterCard, American Express and Discover charge cards are accepted. Uses will not be confirmed or approved until all fees are received.
a. Applicants reserving facilities less than thirty (30) days in advance must pay in cash, Cashier's check, VISA, MasterCard, American Express and Discover or by guaranteed money order.
Personal or business checks will NOT be accepted less than 30 days prior to intended use. b. Non-Profit applicants who reserve for multiple uses (daily, weekly or monthly uses on one application) may qualify for monthly payments.
c. In all cases, payment must be made a minimum of ten (10) business days in advance of use.
4. No events may be scheduled before 8:00 a.m. or past 12:00 midnight (10:00pm on Sunday through Thursday evenings). No overnight uses are allowed. The time reserved must be inclusive of the time needed to set -up, decorate, etc. and clean -up at the conclusion of your use. The time stated on your application should be the actual time you wish to gain entry to the facility (not the time the event/function begins), and the time you anticipate being cleaned-up and gone. Do not expect entry before your scheduled time.
5. Cleaning the facility requires rental clients to “leave it as you found it”. Rental clients are expected to place trash, recycling, and organics in the provided bins, remove all decorations and guest by the permit end time. Please see section V. B. 9 and 10.
6. Some facility uses may require that the applicant obtain a Certificate of Insurance (see Section V-D on page 10 ) or have security services present. Insurance certificates will need to be coordinated directly with the insurance provider of the renter’s choice. Security services will be coordinated by City of Campbell staff (see Section V-B-8 on page 9). These requirements will be noted and estimated when applicable on the Facility Reservation Permit. Payment for security
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 8 services must be provided to the City of Campbell thirty (30) days prior to the event. If insurance requirements are not met, or Securit y services not paid in full, thirty (30) days prior to the event date, the Facility Reservation Permit is subject to cancellation.
7. An appointment is required to view the facilities, drop -ins will not be accommodated.
Appointments may be scheduled after a r eservation request has been submitted. This information will be emailed to the rental client.
8. Reservation requests are not confirmed until applicant receives an approved Facility Reservation Permit. Absolutely no publicity or invitations should be distribu ted until the applicant receives official confirmation of the room reservation and all applicable fees have been paid.
B. WHEN TO APPLY FOR USE:
1. Weekend Uses of Orchard City Banquet Hall and Roosevelt Room (Q-80):
Applications for weekend (Friday night, Saturday, Sunday) uses, such as wedding receptions may be filed up to one (1) year in advance of the desired date (Campbell Residents). If the year prior date falls on a Saturday, Sunday, or holiday, reservation requests will be accepted on the foll owing business day. Non-residents of the City of Campbell can submit a reservation request ten (10) days later, thereby providing residents with ten full days of priority.
2. Weekend uses of the Multi-Purpose Room (M-50) and Activity Room (E-46):
Applications for weekend (Friday Night and anytime Saturday or Sunday) uses, such as wedding receptions may be filed up to six (6) months in advance of the desired date for Campbell Residents.
If the six-month prior date falls on a Saturday, Sunday, or holiday, applications will be accepted on the following business day. Non-resident of the City of Campbell can apply ten (10) days later, thereby providing residents with ten (10) full days of priority.
3. Other Uses:
Weekday uses, all Gym uses, and weekend uses of all other facilities may be submitted according to the following schedule:
FOR THE PERIOD OF: GROUP: APPLY ON:
January 1 through May 31 City, Tenants, & Non-profits November 15 All Others November 25
June 1 through August 31 City, Tenants, & Non-profits April 15 All Others April 25
September 1 through December 31
City, Tenants, & Non-profits
July 15
All Others July 25
3. Exceptions:
a. Major community events open to the general public and deemed to be of significant community interest may be submitted up to one year in advance. b. Non-Profit customers that meet on a regular weekly basis and where weekly meetings on the same day, time and pl ace are integral to their success (churches, etc.), and have established a pattern of paying their monthly fees on time, are allowed to book their regular weekly uses up to one year in advance, subject to availability. c. Non-Profit groups that wish to conduc t a large -scale event (for example a one -day conference) which requires the need to rent multiple meeting and banquet spaces are
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 9 V. RULES AND REGULATIONS
subject to approval by the Director of Recreation and Community Services. d. The City of Campbell reserves the right to alter rese rvations for City needs with at least thirty (30) days advance notice.
A. DECORATIONS:
Any decorating, or covering of, or changes to the facilities shall be discussed at the time of facility tour.
The Permittee shall be responsible for putting up any decorations and all other special preparations necessary for the function. All decorations and tape shall be removed at the conclusion of the function. Permittee shall be responsible for the removal of all decorations, tape, special preparations, Permittee's personal property, and any rented equipment immediately upon the conclusion of their event.
1. All decorations may only be applied with blue masking tape (except on wood floors). The use of cellophane, adhesive tape, nails, s taples, screws, etc., is NOT allowed on walls or ceilings . Staples and pushpins are allowed only on tack strips and bulletin boards. All tape and string must be removed from all surfaces and equipment at the conclusion of the event.
2. Decorations may NOT be hung from light fixtures, ceilings, heat detectors, emergency lights, or acoustical wall/ceiling tiles.
3. Open flames (such as lighted candles) are NOT allowed without a permit from the Fire Marshal (Santa Clara County Fire Department), and even then, must be in a container that does not allow the flame to exceed the height of the container (i.e.: hurricane lamp) or candle must be floated on water. All decorations must be flameproof or fire retardant.
4. Sterno flames for catering purposes are allowed.
5. Due to the sensitivity of the fire/smoke alarm system and the lingering odor, incense and fog/smoke machines are not allowed in any Community Center facilities. If fire alarm is triggered, all guests must evacuate the building immediately until the Santa C lara County Fire Department provides approval to re -enter the facility. This will cause forfeiture of entire damage deposit and rental client will be responsible for any additional fees occurred for service from SCCFD.
6. All plants, trees, and shrubs must be in waterproof containers and must be carefully placed so as not to damage floor, tables, or block fire exits.
7. No foreign substance may be applied to the floor.
8. No rice, birdseed, confetti, glitter, or hay bales are permitted at the Campbell Community Center or on surrounding sidewalks and parking lots. Use will cause forfeiture of entire damage deposit.
9. For safety reasons, relocation or rearrangement of City equipment is not permitted. City staff on duty must perform any rearrangement of City furnishin gs and/or equipment. All doors must be kept clear in the event of an emergency evacuation.
B. ALCOHOLIC BEVERAGES:
The use of alcoholic beverages is allowed by prior written permit application only and must be requested at the time of reservation request.
1. Failure to comply with required security, licenses, permits or certificates will result in immediate cancellation of the use and forfeiture of all fees paid.
2. Alcoholic beverages to be consumed on the premises shall be limited to beer, wine and champagne only. Absolutely no hard liquor is allowed.
3. Alcoholic beverages may be served, sold and/or consumed only in the interior of Orchard City Hall, the Roosevelt Redwood Room, Mary Campbell Room, Activity Room, Multi -Purpose Room and designated areas of the Orchard City Plaza. Alcoholic beverages are not to be served or consumed outside the specific area/room reserved; guests may not take alcoholic beverages outside into the common areas of the Community Center. Alcohol shall not be served, sold, o r consumed in/from vehicles in the parking lot or on the premises.
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4. Requests for serving and/or selling alcoholic beverages, in other rooms or common areas, for special occasions must be approved by the Chief of Police, after first receiving the approval o f the Director of Recreation and Communication Services. If the presence of alcohol is deemed to conflict with other previously scheduled uses/users, the request may be denied.
5. Alcohol is NOT allowed at youth -oriented events or events held in the honor of a minor (Christenings, birthdays, graduations, coming-out parties, Quinceaneras, Bar or Bas Mitzvahs, etc.).
6. A group or organization wishing to sell alcoholic beverages at their function or provide alcoholic beverages with the cost of a meal or entry fee, must first obtain approval from the Campbell Police Department; and upon approval will be required to obtain, at their own expense, the appropriate permits and licenses (a 24-hour Liquor License) from the State Alcoholic Beverage Control Board. A 24-hour liquor license may be obtained at the:
Alcoholic Beverage Commission, Santa Clara County District Office 100 Paseo de San Antonio #119
San Jose, CA 95113
Telephone: (408) 277-1200
Evidence of this license must be on file in the Community Center office at least ten (10) days prior to the event/function.
7. Permittees sponsoring events where alcohol is sold will be required to obtain liquor liability insurance with the coverage outlined in items D -3 and 4 on pages 12. Those actually selling the alcohol must have received the required training required by the ABC for alcohol sales (checking IDs, not selling to those already over-imbibed, etc.).
8. SECURITY - Permittees sponsoring/hosting events where alcoholic beverages are served or sold may be required, at their expense, to have security present. Approved security services will be required to be present for the duration of the event. NOTE: Security may be required and will be arranged by the Campbell Community Center when: alcohol is being serve d, your event is scheduled for more than 4 hours, and/or you expect/invited more than 100 people in attendance.
Security fees will be estimated at the time of your reservation request and are subject to change on July 1 of each year. Current fees in effect on the day of the event will be charged in all cases. All security fees will be due no less than thirty (30) days prior to the event date. a. Police security will be billed at a minimum of 3 hours b. Security requirements: 2 officers for 150 or less in at tendance and 3 officers for 151+ in attendance.
9. The Permittee is responsible for neatly disposing of all beverage containers and cartons in the provided receptacles. Recycling is encouraged and receptacles are provided for your use. If space is limited, please contact the Building Attendant staff for assistance.
10. Excessive spills of any beverages or other substances must be mopped up immediately to prevent accidents. Staff on duty will perform this for you; please notify them as soon as a problem exists so any safety hazards can be eliminated as soon as possible.
C. FUND-RAISING:
A fund -raising activity is defined as an event where an admission fee is charged for entry or participation or a donation is collected in order to raise funds for an organiz ation, special cause, or individual. Examples of fund -raisers may include but are not limited to: Art Fairs where an admission fee is collected, a Crab Feed, Spaghetti Dinner, or other banquet where an admission fee is charged, a Flea Market, an Auction, a Cook-Off, a Casino Night, a class or seminar where a fee is charged for participation, or any other event where fees or donations are collected on behalf of an organization, or business. NOTE: Religious/church services are not considered fund-raising activities.
1. Refer to item 8 under G. General Regulations (page 13) for restrictions on Casino Nights and other “gambling” – type fundraisers.
2. Those selling products or services on-site are required to obtain and provide proof of a City of
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 11 Campbell Business License, which may be obtained from the:
Finance Department
Campbell City Hall
70 N. First Street (at N. First Street & Civic Center Drive).
Campbell, CA 95008
(408) 866-2174
D. DAMAGES/LIABILITY/INSURANCE REQUIREMENTS:
1. The applicant shall be responsible for any and all damage to the City's premises, equipment, and property. If, after an activity, additional janitorial maintenance is required (in excess of normal cleaning services/time), the applicant will be charged accordingly.
2. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests/attendees.
3. All applicants requesting use of the gymnasium, dance studios or for events deemed potentially dangerous, will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
a. Public liability and property damage insurance in an amount not less than $1,000,000 per occurrence.
b. The City of Campbell, its agents, attorneys, employees, officials, and volunteers must be named as an additional insured.
c. The coverage shall not be canceled or reduced without at least fifteen (15) days written notice to the City of Campbell.
d. The certificate must be submitted to the Community Center office at least ten (10) days prior to the event.
4. All applicants requesting permission to sell alcoholic beverages must provide liquor liability insurance in an amount not less than $1,000,000 per occurrence, in addition to the insurance outlined above.
5. The City of Campbell is not responsible for accidents, injury, illness or loss of group or individual property.
E. CANCELLATIONS/REFUNDS:
The City's cancellation policy has been developed to discourage the last -minute cancellation of events.
If a cancellation is received on short notice, the City's ability to re -rent the facility is severely limited.
The cancellation/refund policy is structured to offer the greatest refund in instances where the City has the highest probability of re-renting the facility.
1. In the event that cancellation of a confirmed reservation is necessary, it is the Permittee's responsibility to provide immediate written notification of such intent to cancel use (email to [email protected] is acceptable). City staff will not accept or be held responsible for cancellations made by telephone. The earlier the notice is provided, the greater the refund of use fees. The refund schedule has been set to cover City costs and loss of potential revenues.
NOTE: Cancellations will only be accepted from the Permittee (the person who submitted the reservation request and signed permit waivers), not from anyone else acting on their behalf.
This policy is designed to prevent the unauthorized cancellation of an event.
2. Refunds for cancellation of weekend (peak times Friday, Saturday, Sunday) uses of the banquet halls will be granted on the following basis:
a. Cancellations received more than four (4) months in advance of the scheduled use will receive a refund of the full amount paid less a $75 cancellation fee and the $25 processing fee. (COST to permit holder: $100)
b. Cancellations received 3 - 4 months in advance will receive a refund of the full amount paid less a $175 cancellation fee and the $25 processing fee. (COST to permit holder: $200) c. Cancellations received 2 - 3 months in advance will receive a refund of only 50% of
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 12 their facility use fees including a $25 processing fee. (MAXIMUM COST to permit holder: $300)
d. Cancellations received 1 - 2 months in advance will receive a refund of only 25% of their facility use fees including a $25 processing fee. (MAXIMUM COST to permi t holder: $400)
e. Cancellations received less than one (1) month in advance will receive a refund only of fees paid in excess of $500 including a $25 processing fee. (MAXIMUM COST to permit holder: $500)
f. If less than ten (10) days’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
3. Refunds for cancellation of all other uses will be granted on the following basis:
a. Cancellations received more than two (2) weeks in advance of the scheduled use will receive a refund of the full amount paid less the $25 processing fee and a $25 cancellation fee. (COST to permit holder: $50)
b. If notification is received less than two weeks in advance and more than 24 hours in advance, 25% of facility use fees, plus the $25 processing fee, and $25 cancellation fee will be retained. (MAXIMUM COST to permit holder: $125) c. If less than 24 hours’ notice of cancellation is provided, full use fees will be charged/retained; no refund will be provided.
4. The City of Campbell reserves the right to cancel any use of facilities and/or equipment in emergency situations or when deemed necessary for the safety and best interests of the customers, the City of Campbell, and all concerned. In such cases, City will provide a full refund of all fees and deposits paid.
F. REFUNDABLE DAMAGE DEPOSIT REQUIREMENTS:
1. Refundable damage deposits are processed f or refund 3-5 days after the last permitted use. The timeline of actual refund is 1-3 weeks pending the original payment type. See section IX. G. 3.
2. Refundable damage deposits are refunded if the following conditions are met:
a. No damage or loss to the room and/or sur rounding area is caused because of the rental (including excessive trash or clean -up needs, damage from decorations etc.). In the event damage to the room or excessive trash is observed the cost associated with any such damage will be withheld from the ref undable damage deposit. The cost will be billed at minimum, $50 per hour related to the staff time required to correct damage to facility. b. Use of the facility does not exceed the permitted time. c. All City equipment and property is accounted for and undamaged.
G. GENERAL REGULATIONS:
1. Only City staff can operate the audio/visual equipment and dividing wall in the OCBH. In addition, only City staff can move tables or chairs. Your event set -up needs to be completed and provided to the Campbell Community Center one (1) week or five (5) business days prior to the scheduled event.
Any changes to that agreed upon set -up must be completed by the City staff on -site. Call the staff person on duty for assistance at (408) 761-0350.
2. Any person(s) violating the esta blished Rules and Regulations or constituting a public nuisance may be required to leave the facility and premises.
3. Groups composed of minors must be supervised by one (1) adult for each twenty (20) minors throughout use of Community Center facilities. Children must be under adult supervision at all times.
Children are not allowed to run around the facility unsupervised.
4. For customer comfort, energy efficiency and consideration of our neighbors, all doors and windows must remain closed throughout the entire event.
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5. ADVERTISING AND SIGNAGE:
a. Posting of flyers, signs, etc. on the Community Center buildings, posts, windows, doors, trees, kiosks, or other structures is strictly prohibited. Adequate signage exists to guide guests to your rented room. Permittees should be very specific on their invitations to provide guests with the specific name (Orchard City Banquet Hall, Roosevelt Redwood Room, etc.) and/or Room number (Q-80, E-46, etc.) of the facility they have rented for their event. Any signs or flyers found posted will be immediately removed and are subject to removal fees of $25/sign. Directional sandwich signs are available for your use with advance notice, and subject to the fees outlined in Section VIII.
b. Events held at the Community Center an d open to the public are eligible to be advertised on the reader-board sign, subject to the applicable fees and charges. See On-Site Publicity Administrative Policy for more information. Add page after formatting
c. Events advertised by mailed or emailed flyers are required to list the Permitee’s phone number for directions or questions (do not list the Community Center phone number!). Permittee is required to list the correct room number for the room where the event is held on all fliers (do not list the Community Center Office suite number!). Misinformation on event publicity that causes undue additional work for Community Center staff is cause for additional charges for staff time. d. Internet Advertised Events:
Meetings/events inviting persons unknown to the h ost(s), via the Internet, will be allowed only under the following circumstances:
• Advertisement must state that participants must register in advance; • Registration system must be capable of maintaining a current count of registrants; • Registration is capable of being closed once the registration reaches the maximum capacity of the room;
• All advertising, location, and directions to the meeting must be removed from the Internet once the maximum capacity has been reached.
• A staffed check-in table is required where registrants are checked -in and the number of participants who have entered the premises is readily available. Once the maximum capacity of the room is attained, absolutely no additional persons are to be admitted.
NOTE: The existing prohibition on dances and/or parties open to the general public (see Section III-B-1 on page 7) remains in effect. Room occupancy limits will be enforced for all events.
6. Permittees are only to use those facilities and equipment specifically designated o n the Facility Reservation permit. Staff on duty does not have the authority to grant use of additional facilities, equipment, or time extensions. Any time the facility is occupied beyond the scheduled time will be billed at 1½ times the standard rate for the overtime use. Use or occupancy of the facility beyond 12:00 midnight will be billed at 2 times the standard rate for the overtime use.
7. Tables and chairs are to be used indoors only and only for the specific use for which they are intended. Standing on tables or chairs or sitting on tables is prohibited.
8. SMOKING/VAPING OR USE OF ELECTRONIC CIGARETTES IS NOT PERMITTED AT THE CAMPBELL COMMUNITY CENTER. The Community Center is considered a “Public Recreation Area” smoking/vaping and e -cigarettes are no t permitted inside or near any facilities as well as in any outdoor area including the parking lot, athletic fields etc. Municipal Code Chapter 6.11.020.
9. Card Games, Games of Chance, Raffles and Lotteries are governed by the California Department of Justice. Non-profit organizations desiring to conduct a fundraiser using controlled games (Casino Nights or other gambling events) as a funding mechanism are subject to the limitations of the law as outlined in Chapter 5 of Division 8 of the CA Business and Pro fessions Code (see Section 1, Article 17 commencing with Section 19985).
Web Reference:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title= &part=&chapter=5.&article=17. The law specifies that:
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 14 a. Non-profit organizations must have been in existence and operation for at least 3 years and must register annually with the Division of Gambling Control; b. Organizations are limited to one such event (5-hour limit) per year; c. At least 90% of the gross revenue from the fundraiser (not including facility use fees) must go directly to the non-profit organization.
d. No cash prizes or wagers may be awarded to participants and maximum value of donated prizes shall not exceed $500 for an individual prize and $5,000 for the total value of all prizes awarded. e. The hosting organization is required to register their event with the CA Department of Justice and is subject to their reporting requirements following the event. f. The Community Center is limited to holding no more than four such fundraisers in any calendar year, even if sponsored by different nonprofit organizations. Please inquire if you desire to conduct such an event.
g. Raffles conducted by non-profit organizations are authorized by California Penal Code Section 320.5, provided the following conditions are met:
• Tickets must be sold with a detachable coupon or stub; • Winners must be determined by drawing coupons or stubs by a person 18 years of age or older;
• At least 90% of the gross receipts must go to charitable or beneficial purposes; • The host organization must register annually with the State Department of Justice and report gross receipts, operational expenses, and distribution of funds. h. Except for the State Lottery, lotteries or raffles by individuals or organizations under conditions other than those described above are illegal.
i. No Bingo game shall be conducted by any organization or other legal entity on city property unless first approved by the Chief of Police and the use of city property has specifically been approved for this purpose by the City Council. (Ord. 1128 1 (part), 1977: Ord 1049 (part), 1976).
10. The Recreation and Community Services Director or other duly authorized representative on duty shall have the right to enter all facilities at any time during any and all uses.
11. Permits/reservations cannot be transferred, assigned or sublet.
12. The Recreation Services Manager shall regulate or prohibit such activity or use, which in his/her judgment is determined to be of a hazardous nature or is potentially dangerous or damaging to property or is not in the best interests of the citizens of the City of Campbell.
13. Businesses or organizations wishing to hold an auction are required to obtain approval from the Campbell Police Department, purchase a Campbell Business License and provide proof of liability insurance See Section V.D. (Liability /Insurance Requirements) for insurance requirements.
14. The misuse of the Community Center, failure to conform with facility regulations, or any other Federal, State or local law, rule, regulation or ordinance shall be sufficient reason for immediate termination of permi t. No refund will be granted. This shall include overcrowding of the posted maximum capacity for the room in use, serving alcohol to minors, and the presence/serving of hard alcohol.
15. The City Council shall have the authority to waive or modify these rules at their discretion. Any and all requests/variances shall be considered individually and shall not be automatically applied as a matter of precedent to past or future uses of a similar nature. Waiver of any stated rule shall be directed, in writing, to the Director of Recreation & Community Services at least 90 days prior to the date of use.
16. The City reserves the right to amend fees and charges as deemed necessary. Previously approved reservations will not be affected by new rates.
17. Firearms, weapons and open flames are prohibited pursuant to Municipal Code Chapter 13.04
18. This Building Use Policy supersedes any policy now in effect and will take effect on August 16, 2022.
19. Animals (including performing animals, birds, or pets) are not allowed except for service animals. Dogs are allowed on a leash throughout the outdoor areas of the Community Center.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 15
VI. SITE MAP
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 16
WiFi is generally available at the Community Center but is not guaranteed in all rental locations. Any facility rental client who is counting on the availability of WiFi services should make their own arrangements to supply a dedicated hot spot for the success of their event.
The City’s staff will not configure or troubleshoot WiFi connection issues . The client/facility user is responsible for making sure that their clients’/students’ laptops don't have any compatibility issues and getting them set up on the wireless connection . Each computer can be different and City staff cannot provide this level of individual service – that is the client’s responsibility.
The City shall not be responsible for any downtime on the Comcast-provided WiFi and makes no guarantees that the connect ion will be sufficient for any event. If Comcast has a system - wide or area wide system failure affecting service in the Community Center, the City shall not be responsible for this service failure and the fees paid for the rental of the room shall remain in force and not subject to forfeiture for this reason.
VII. ACCESS TO WIFI AT THE COMMUNITY CENTER
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 17
Purpose:
The purpose of this policy is to establish guidelines for the placement of allowable publicity on the Community Center site, including, but not limited to use of the Reader Board/marquee, banners, posters, and flyers that will be both effective and attractive, while not being a nuisance or distraction or otherwise detract from the aesthetics of the Community Center.
Multimedia Reader Board Sign:
The Reader Board sign is available to publicize the following activities:
1. City events and activities including events sponsored by non-profits that exist solely to support City programs (i.e. Friends of the Heritage Theatre and the Museum Foundation);
2. Heritage Theatre season show sponsors;
3. Notice of upcoming Campbell High School reunion events;
4. Major community events that are co-sponsored (officially recognized, approved and/or subsidized) by the City or require downtown street closures, or held in City parks or facilities;
5. Messages regarding youth sports league sign-ups occurring at the Community Center;
6. Messages regarding free meetings and events of general public interest sponsored by public agencies or legislators serving the Campbell community.
7. Messages from outside organizations may appear no more than 4 weeks in advance of the event date.
8. Messages are subject to fees as outlined in the fee schedule below, with the following exceptions:
a. Events or meetings administered by the City of Campbell; b. Notices from local community or business organizations regarding public events, meetings or activities co-sponsored by the City and occurring in City Parks, facilities, or the downtown area;
c. Notices from other public agencies or legislators serving the Campbell community regarding public forums, Town Hall meetings or other public meetings of general interest to the community (messages for fundraisers are not subject to fee exceptions);
d. Notices from public schools regarding free events or meetings of general public interest (messages for fund -raisers or special events involving an entry fee not subject to fee exceptions).
Banners & Signs:
1. All signs and banners must be approved, in advance, by the Recreation Community Services Director, or his/her designee.
2. Signs and banners are allowed only on the day of the event to help guide patrons to the activity, and they are allowed only in the specific location(s) approved by City staff. Banners may not be hung or attached to existing fences and signs. The only build ing that may be used to display banners is the Concession Stand building and only for events that are being held in the Stadium and/or Athletic Fields.
3. Signs must be hung in a manner that will cause no permanent damage to the building or facility.
Nails and tape shall not be used to hang banners or signs. Penetrations in landscaped areas shall be approved, in advance, by the Grounds Maintenance Supervisor or his/her designee so as to avoid damage to irrigation and other underground piping. Banner Hanging Fe es are outlined in the fee section on page 18..
VIII. ON-SITE PUBLICITY POLICY
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 18 All banners must be professional vinyl banners with side sleeves for side posts or metal grommets for plastic ties or carabineers. The banner and all hanging devices must be completely removed i mmediately following the event (same day). The City is not responsible for banners left for more than 10 days after the event.
Posters & Flyers:
1. Posters or flyers advertising events/programs of general public interest relating to recreational, cultural, athletic, community education, or social services available, may be submitted from public agencies, non-profit organizations and Community Center tenants to be displayed in the Community Center’s display case at the west end of Buil ding E. All posters/flyers are subject to the approval of the Recreation & Community Services Director or his/her designee and must be professional in appearance (no handwriting). Posters will be displayed as space and time permit.
2. Posters regarding events occurring in the Heritage Theatre or at the Community Center may be submitted for display, up to one month in advance, in the (3) kiosk directories on -site.
Posters shall not exceed 12” wide x 17” length, must be professionally printed (not hand - written) and will not be returned to the provider.
3. Only flyers regarding events provided by the City of Campbell or events occurring in the Heritage Theatre may be submitted for display in the various (5) pedestrian kiosks on -site.
These signs shall be laminated, and finished size shall be exactly 8½” x 11”. Flyers shall be delivered to the Community Center Office, #C -31 at least one week in advance of desired posting date and no more than one month in advance of the event date.
4. Posters/flyers for private businesses will not be posted.
5. Posters, flyers and directional signs shall not be attached to the exterior of any building, post, wall, fence, sign, kiosk or other structure of any type. When they are found they will be immediately removed and any costs for removal and/or repair of damage (paint removal) will be billed to the sponsoring agency or individual.
6. Flyers, coupons or other literature may not be distributed by hand, left on vehicles or otherwise distributed on site at the Campbell Community Center.
Directional Signs:
1. The signage program at the Community Center is sufficient to direct visitors to any room on campus, provided the visitor has the correct name or room number of their intended destination.
2. Informational and directional signs for events being held at the Community Center are allowed only when scheduled in advance with the Reservations Staff and posted in/on the provided plastic A-frame signs. When customer provides the sign(s) there is no charge for this service. If the City provides signs, the cost is $25 to cover staff time to prepare signs. Signs must be computer-generated and attractive; hand -printed signs will not be allowed. Signs are for interior site use only. Signs of any kind are not allowed on the public ri ght-of-way (visible from Campbell Ave., Winchester Blvd., or Latimer Ave.).
Fees:
Readerboard Messages $33/message/week
Modifications to Readerboard Messages $15/message
Banner Hanging $25/banner
Directional Signs created by City staff $25/set
All fees are payable, in advance, to the City of Campbell in the Community Center main Recreation Office C-31 as part of the facility permit.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 19 IX. FEES AND CHARGES
The fees and charges set forth here are NOT negotiable; City staff does not have authority to waive or reduce fees. All fees and security/damage deposit are due at the time the reservation is submitted to hold the date and facility.
Minimum rental time: 2 hours for regular uses and 3 hours for banquet hall uses during non-operating (peak) hours.
A. Definition of Terms:
a. NON-PROFIT: To qualify for non-profit rates, customers must provide a copy of their letter of non- profit status from the California Secretary of State’s office with their non-profit ID number indicated and must pay with an organization check or charge card. Organization name on letter of non-profit status, check/charge card, and permit must all be in the same name. b. SPECIAL PEAK RATES: Special peak rates are for the following reservations:
I. Public meetings held by elected representatives serving the Campbell area II. Local election candidate forums sponsored by a non-profit organization, polling and/or trainings offered by the local Registrar of voters
III. Meetings offered by either of the Campbell school districts (CUHSD and CUSD) IV. Public meetings by other governmental agencies that serve Campbell residents V. Events by non-profit organizations who have assumed leadership for events once provided by the City
VI. Programs and activities for which there is no entry fee for participation or attendance offered by local non-profit organizations
VII. Community Center Tenants
VIII. Events sponsored by/for Campbell High School Alumni groups IX. Meetings or trainings by school districts or other governmental agencies that are not open to the public
The above listed reservations can use the facility during non-peak time with basic staffing levels (2 building attendants or 1 technician) any charges above this will be assessed at the time of booking. The CUSD & CUHSD are limited to 3 uses per year.
CAMPBELL RESIDENT: To qualify for Campbell Resident discount, customers must provide proof of residency (i.e. driver’s license, utility bill etc.). Permit holder and payee must be in the same name to qualify for resident discount.
B. Resident Discount:
Campbell Residents paying for a rental will be given the following discount on building rental rates:
$25 Per hour discount for rental of the full Orchard City Banquet Hall $5 Per hour discount for all other building rental rates
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 20 Orchard City Banquet Hall
with Kitchen Per Hour
Orchard City Banquet Hall
North or South Per Hour
Kitchen in OCBH Per Hour
Roosevelt Redwood Room
(Q-80) Per Hour
Mary Campbell Room (Q-84) Per Hour
Multi-Purpose Room (M-50) Per Hour
Adult Center Meeting Room
(C-35) Per Hour
Dance Studios (M-47, N-76) Per Hour
Activity Room (E-44) Per Hour
Conference Room (E-42) Per Hour
Main Gym (Bldg. P) Per Hour
Auxiliary Gym (Bldg. N) Per Hour
CCC Plaza Per Hour
Vacant Leased Space Per Hour
Base Hourly
Rate
Non-Profit
Rate
$135 $115
$95 $75
$56 $51
$95 $75
$70 $60
$85 $75
$70 $60
$65 $55
$55 $45
$55 $45
$70 $60
$60 $50
$41 $36
$55 $45
C. Facility rental fees for uses occurring during off-peak (normal operating) hours shall be assessed as follows:
(Monday through Thursday, 8:00am - 10:00pm and Fridays 8:00am to 5:00pm, except on recognized City holidays)
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
COMMUNITY CENTER BUILDING USE FEES – OFF PEAK
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 21
COMMUNITY CENTER BUILDING USE FEES - PEAK
D. Facility rental fees for uses during peak (NON-OPERATING) hours shall be assessed as follows:
Special
Peak Rates
Base Hourly
Rate
Non-Profit
Rate
Orchard City Banquet Hall
with Kitchen Per Hour $100 $250 $200
Orchard City Banquet Hall
North or South Per Hour N/A N/A N/A
Kitchen in OCBH Per Hour N/A $61 $56
Roosevelt Redwood Room
(Q-80) Per Hour $52 $130 $105
Mary Campbell Room (Q-84) Per Hour $35 $95 $70
Multi-Purpose Room (M-50) Per Hour $47 $120 $95
Adult Center Meeting Room
(C-35) Per Hour $35 $95 $70
Dance Studios (M-47, N-76) Per Hour N/A $80 $70
Conference Room (E-44) Per Hour $25 $75 $50
Board Room (E-42) Per Hour $25 $75 $50
Main Gym (Bldg. P) Per Hour $43 $95 $85
Auxiliary Gym (Bldg. N) Per Hour $33 $75 $65
CCC Plaza Per Hour $23 $51 $46
*A 2% Facility Preservation Fee is added to the hourly rate and is charged at the time of booking.
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 22
COMMUNITY CENTER BUILDING USE FEES
E. Processing Fees:
1. All applications are subject to a non-refundable $25 Processing Fee.
2. Any changes in time, date(s) or use made to a multi-use permit, or made less than thirty (30) days prior to a one-time use, are subject to an additional $25 Processing Fee.
F. Additional Charges:
1. 2.
All hourly fees are subject to a 2% Facility Preservation Fee. The Preservation Fee is calculated at time of permit and all fees are due at time of payment.
A janitorial service fee of $100 be required on rentals serving food in excess of 75 participants/guests. This fee will be due at time of payment.
3. A security service fee may be required for all rentals serving alcohol and in excess of 75 participants.
4. Uses which extend beyond the approved reserved time will be charged at 1½ times the normal rental rate.
5. Uses which extend beyond 12:00 midnight will be charged at two (2) times the normal rental rate.
6. Reservations for recognized City holidays are subject to additional fees to cover staff holiday pay (1½ times the normal rental rate), when staff can be obtained to take the assignment.
G. Deposits:
1. Refundable cleaning/damage/security deposits are required for the following uses in the following amounts:
Facility FY 22/23
a) Use of Orchard City Banquet Hall $500
b) Uses of Roosevelt Room (Q-80), Multi-Purpose Room (M-50), or Activity Room (E-46) $300 c) Uses of Meeting Rooms $100
d) Uses of Gymnasiums $100
e) Plaza $100
2. The City reserves the right to deduct from the damage deposit additional charges relating to, but not limited to, additional janitorial services, maintenance/repair services, staff supervisor’s time, or emergency services that were required as a result of your use.
3. Deposits may be fully or partially withheld for any of the following reasons:
a. Facility use fees for time used in excess of that reserved. b. Damage to facility or equipment.
c. Misuse of the Community Center (refer to item F-3 in Section V). d. Inadequate cleanup by customer requiring additional custodial time/services after customer’s use. e. Damage to landscaping and/or outdoor equipment; or
f. Misrepresentation of the type of event held, or group/individual actually using the facility.
4. If additional fees due exceed the amount of deposit, customer will be billed for the balance.
5. Deposits, less any applicable additional charges, will be processed through the City's Finance Department, approved by City Council, and returned to the customer by the same method the original payment was made. If paid by credit card all efforts will be made to submit refund to same credit card, if payment was made by cash, check or cashiers check, a check will be sent by mail within 30 days of the date of last use. The City reserves the right to return a damage deposit by check if the original form of payment is no longer available (credit card expired etc.)
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy) Effective 8/16/2022 Campbell Community Center ▪ Building Use Policy 23
6. It is the customer's responsibility to keep the Campbell Community Center office informed of any address, or telephone changes that may affect the prompt return of the customer’s deposit.
H. Equipment Rental & Fees
For the convenience of facility users, the City will make available the listed equipment for use in/on City facilities. This equipment is available exclusively for use on/at City facilities and may not be rented for personal or off-site use.
1. Reservations:
Equipment must be reserved at least ten (10) days prior to the desired date of use on the Facility Use Reservation form.
Meeting Room Equipment FY 22/23
a) Coffee Urn - 100 Cup $10 per day
b) Coffee Urn - 35 Cup $5 per day
c) Directional Sandwich Signs free with room rental
d) LCD Projector $100 per day
e) Podium free with room rental
f) Portable Easel (Each Easel) $5 per day
g) Portable Easel with Easel Pads (Each Easel) $25 per day h) Portable Projection Screen $10 per day
i) Portable PA Systems $50 per day
j) Stanchions $25 per day
k) TV & DVD/VCR on Cart $25 per day
l) Microphone $10 per day
Athletic Equipment FY 22/23
a) Basketball Scoreboard Control (portable) $25 per day b) Football Scoreboard Control $10 per day
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Attachment: CCCBuildingUsePolicy 8.16.22 -Clean Version (Update to Campbell Community Center Building Use Policy)
City
Council
Report
TITLE: Consideration of Cancelling the November 8, 2022 City Council Election and Appointing Nominated Candidates or Proceeding with the Election
RECOMMENDED ACTION
The that City Council take one of the following actions: determine to cancel the November 8, 2022 City Council election and set a special meeting date to adopt a Resolution of Cancellation or take no action, proceed with the election and allow for write-in candidates.
BACKGROUND
At the July 2, 2019 regular City Council meeting, Ordinance No. 2248 was adopted establishing a by-district election process and election sequence for five council districts pursuant to California Government Code Section 34886 a nd 34871(a). Campbell Municipal Code Section 2.04.180 provides that except as otherwise required by California Government Code Section 26512, Councilmembers from three of the five districts established, namely, Council Districts 3, 4, and 5, shall be elect ed beginning with the General Municipal Election in November 2022, and every four years thereafter.
Councilmembers from the remaining two districts, Districts 1, and 2, were elected in November 2020 and will next be on the ballot in 2024.
For the November 2022 General Municipal Election, only voters residing in Districts 3, 4, and 5 will vote for the City Council seats up for election in their specific district. The elected City Councilmembers will serve a four -year term. Additionally, consistent with Municipal Code Section 2.04.160 relating to City Council term limits, Councilmembers Gibbons, District 4 and Resnikoff, District 3 will be terming out and are not eligible to run again in 2022. Councilmember Bybee will be completing her first four -year term an d is eligible to run for an additional term in her respective district, District 5.
At its meeting of June 7, 2022 the City Council adopted Resolution No. 12844 calling the General Municipal Election for November 8, 2022 to elect one Councilmember from District 3, one Councilmember from District 4 and one Councilmember from District 5.
The nomination period for the November 8, 2022 General Municipal Election began on Monday, July 18, and ended Friday, August 12, 2022. The following Nomination papers Item: 14
Category: NEW BUSINESS
Meeting Date: August 16, 2022
14 Packet Pg. 768
Consider Cancellation of the November 8, 2022 City Council Election Page 2 of 4 were filed in the City Clerk’s Office during the filing period and have qualified for the ballot:
• Dan Furtado, District 3
• Elliot Scozzola, District 4
• Anne Coyne Bybee, District 5
DISCUSSION
If at the close of nominations there are not more candidates than district offices to be elected the City Clerk (Elections Official) shall submit a Certificate of Facts to the City Council (Attachment A.)
Pursuant to §10229 of the California Elections Code, the City Council may consider one of the following course s of ac tion should there not be more candidates than district offices to be elected:
1.) Appoint to their district office the person who has been nominated
2.) Appoint to the office any eligible voter if no one has been nominated
3.) Hold the election if either one or no one has been nominated
The Elections Code require s that a notice certifying the number of nominees be published pursuant to Government Code §6061. This notice is scheduled to be published in the Metro Silicon Valley on August 17, 2022. After the fifth day following the day of publication , the City Council may hold a Special Meeting to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a mu nicipal election for the office.
If by the 75th day before the election (August 25, 2022), no person has been appointed to the district office(s) pursuant to 1) or 2) above, the election shall be held. If the Council chooses to cancel the election and ap point the nominees a special meeting would need to be held in between August 22 -24, 2022, five days after the Certificate of Facts is published and prior to the 75 th day before the election. This special meeting date will need to be determined at tonight’s meeting in order to include in the published Certificate of Facts. At that special meeting a resolution would need to be adopted cancelling the election and appointing candidates to the office of City Councilmember for their respective district.
If the Council makes an appointment pursuant to §10229, California Elections Code, the City Clerk shall not accept for filing any statement of write in candidacy, which is submitted after the appointment is made.
The last time the City Council chose to cancel a Municipal Election and appoint nominees was in 2012 where the above mentioned process was followed. A Certificate of Facts was published August 15, 20 12 and a special city council meeting was held 14 Packet Pg. 769
Consider Cancellation of the November 8, 2022 City Council Election Page 3 of 4 August 21, 20 12 adopting a resolution cancelling the elec tion and appointing two councilmembers.
Should the Council decide to proceed with election in addition to the ballot qualified candidates, a candidate write -in process is available to interest ed Campbell residents following the close of the nomination period.
A write -in candidate must also meet all qualifications of the office to which they are seeking. They must be 18 years old, a U.S. Citizen, a resident of the district they are seeking to represent, and a registered voter in the district they are see king to represent.
The candidate write -in period is open from September 12, 2022 through October 25, 2022.
In addition to meeting the qualifications above, a write -in candidate must also file the noted forms below with the local election official by Octo ber 25, 2022, including the nomination paper with the necessary signatures. This write -in candidate process was detailed in a June 21, 2022 Council Informational Memorandum and presented as Attachment B.
FISCAL IMPACT
If the 2022 election proceeds and i s not cancelled, t he estimated cost is $55,698 ($17,934 for District 3, $18,337 for District 4, and $19,427 for District 5) plus $2,120, the City’s cost per Candidate Statement. These amounts are estimates only based on the current fee schedule and availab le data from the Registrar of Voters Office and are subject to change upon final billing. These expenditures have been programmed into the Proposed Budget for Fiscal Year (FY) 2023 under the City Clerk’s Office budget (Acct. #101.511.7436 .) Election costs are determined by several factors including administrative costs, number of registered voters and all ballot printing and mailing costs, and will be billed by the Registrar of Voters Office following the election. Based on initial estimates shown above, t he City should stay under the Adopted Budget for FY 2023 if the 2022 election proceeds and is not cancelled . If the 2022 election is cancelled, the City may save an estimated $56,000 in costs payable to the Registrar of Voters.
Prepared by:
Andrea Sanders, City Clerk
14 Packet Pg. 770
Consider Cancellation of the November 8, 2022 City Council Election Page 4 of 4 Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft Certificate of Facts 2022
b. Council Memo June 2022 - Candidate Write-In Process
14 Packet Pg. 771
Legal Notice
Nom
inees for Public Office – City of Campbell
NO
TICE IS HEREBY GIVEN that the following persons have been nominated for the offices hereinafter mentioned to be filled at the General Municipal Election to be held in the City of Campbell on Tuesday, November 8, 2022: One (1) Member of the Campbell City Council for District 3, One (1) Member of the Campbell City Council for District 4, and One (1) Member of the Campbell City Council for District 5, each to a full four (4) year term:
Dan F
urtado, District 3
Elliot Scozzola, District 4
Anne Coyne Bybee, District 5
I, Andr
ea Sanders, City Clerk of the City of Campbell, do hereby certify that pursuant to §10229, Elections Code of th e State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 8, 2022:
As
of the close of the nomination period on August 12 , 2012, there are not more candidates than offices to be elected.
The p
ersons so nominated are: Dan Furtado, District 3 ; Elliot Scozzola, District 4; and Anne Coyne Bybee, District 5.
That
§10229 of the California Elections Code allows one of the following courses of action to be taken by the City Council:
1) Appoi
nt to the office the persons who have been nominated
2) Appoint to the office any eligible voter if no one has been nominated 3) Hold the election if either one or no one has been nominated Af
ter the fifth day following the date of publication, the City Council will hold a Special Meeting to either make the appointment s or direct an election to be held.
The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If by
the 75 th day before the election, no person has been appointed to the office(s) pursuant to 1) or 2) above, the election shall be held.
If
the Council makes an appointment pursuant to §10229, California Elections Code, the City Clerk shall not accept for filing any statement of write in candidacy, which is submitted after the appointment is made.
Andr
ea Sanders, City Clerk
City of Campbell
Publ
ish: August 17, 2022
Attachment: Draft Certificate of Facts 2022 (Consider Cancellation of the November 8, 2022 City Council Election) Packet Pg. 786
To: Mayor Resnikoff and Honorable Members
of the City Council
Date: June 21, 2022
From: Dusty Christopherson, City Clerk
Subject: Informational Memorandum – Candidate Write-In Process A
t the City Council meeting on June 7, 2022, Staff was asked to provide information on the candidate write-in process for the November 2022 General Municipal Election where Districts 3, 4, and 5 are scheduled to be on the ballot.
T
he candidate write- in process is governed by Elections Code Section 8600 – 8606.
The candidate write-in process is available to interested Campbell residents following the close of the official candidate filing period, which runs from July 18, 2022 through August 12, 2022, (August 17, 2022 for any district where an incumbent is eligible to file, but chooses not to; for this election, this deadline would be applicable to District 5 only).
A write-in candidate will not have their name printed on the ballot or have a Candidate Statement printed in the sample ballot materials , but could have supporters write their name in the open slot on the ballot. As with any other candidate, a write- in candidate would need to obtain a majority of the votes cast for the respective office in their district in order to prevail.
A
write-in candidate must also meet all qualifications of the office to which they are seeking. They must be 18 years old, a U.S. Citizen, a resident of the district they are seeking to represent, and a registered voter in the district they are seeking to represent.
The candidate write- in period is open from September 12, 2022 through October 25, 2022.
I
n addition to meeting the qualifications above, a write -in candidate must also file the noted forms below with the local election official (the Campbell City Clerk’s Office) by October 25, 2022, including the nomination paper with the necessary signatures . The City Clerk’s Office will transmit this information to the Registrar of Voter’s Office by the stated deadline.
• C
andidate Information Request Form
• Permission to Post Personal Information Form
• Statement of Economic Interests (Form 700)
• Campbell Statement of Values
• Code of Fair Campaign Practices
• Nomination Papers – containing at least 20 signatures from registered voters residing in the district the candidate is seeking to represent; no more than 30 F
ollowing the close of the candidate filing period in August, the City Clerk’s Office will post to its webpage a listing of all qualified candidates and will update this listing
M EMORANDUM
14.b
Packet Pg. 773
Attachment: Council Memo June 2022 - Candidate Write-In Process (Consider Cancellation of the November 8, 2022 City Council Election) following the close of the write-in candidate filing period in October. Per Elections Code Section 12110, the City Clerk’s Office will also publish a Notice of Nominees for Public Office in a newspaper of general circulation, at least one week prior to the election.
Following the election, w rite-in candidate ballots are reviewed individually by the Registrar of Voters Office to ensure the name o f the person written on the ballot is a qualified candidate. The canvass and certification of the vote will include all write- in candidate results.
FPPC – Campaign Disclosure Requirements for write-in candidates
In short, a write-in candidate has the same campaign disclosure filing requirements as any other qualified candidate. At the time of filing candidacy papers, a Form 700 must be completed. The City of Campbell does not currently publish these forms online, but they would be available for inspection upon request.
A qualified write-in candidate must also file a Candidate Intention Statement (Form 501) prior to the solicitation or receipt of any contribution, including personal funds used in the election.
If any candidate, including a write-in candidate, receives contributions totaling $2,000 or more within a calendar year then they would qualify as a recipient committee and must file the Statement of Organization ( Form 410) with the Secretary of State. If a candidate chooses to file prior to qualifying, then an amended Form 410 would need to be filed.
Two Pre-Election Campaign Disclosure Forms are also generally required for all qualified candidates, however the first is due on September 29 and the second on October 27, so depending on the date a write-in candidate qualifies, only one disclosure may be required.
Additional Campaign Disclosure Forms include the Form 460, Form 470, and Form 497.
The Form 460 is used if a qualified candidate has a controlled committee, or has raised, spent, or will raise or spend $2,000 or more during a calendar year in connection with an election to office . The F orm 470 is used if a qualified candidate does not have a controlled committee, does not anticipate receiving contributions totaling $2,000 or more, and does not anticipate spending $2,000 or more during the calendar year. The Form 497 is required if a qualified candidate makes or receives contribution(s) that total $1,000 or more in the 90 days before an election. The Form 497 is due within 24 hours of making or receiving contributions that total in the aggregate of $1000 or more.
For any successful write- in candidates, a Form 460 will be required to be filed by January 31, 2023, which will cover the end of the 2022 calendar year. This form is required for all Candidate Committees , unless the committee filed termination forms before December 31, 2022.
As required by Government Code Section 84616, the City of Campbell does publish online all campaign disclosure forms.
14.b
Packet Pg. 774
Attachment: Council Memo June 2022 - Candidate Write-In Process (Consider Cancellation of the November 8, 2022 City Council Election)
City
Council
Report
TITLE: Approve Appointment to the Civic Improvement Commission and Reopen the Recruitment to Allow for Additional Applications
RECOMMENDED ACTION
It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointment to the Civic Improvement Commission for one four -year term expiring August 2026 and reopen the recruitment, until a sufficient number of applications are received.
BACKGROUND
Pursuant to Council Policy No. 1.9b regarding Advisory Commission Reappointments, current Commissioners were notified of their term expiration and notices of the upcoming vacancies were posted at City Hall, the Community Center and the temporary Campbell Library location as well as on the City’s website for a minimum of 60 days, with a closing date of July 22, 2022. Several social media posts were made to encourage interested individuals to apply.
Civic Improvement Commission: The terms of commissioners William Kaufman, Davis Fields and Chris Bracher will expire August 31, 2022. Commissioner Bracher applied for reappointment. Commissioners Kaufman and Davis did not apply for reappointment. In addition to Commissioner Bracher’s request for reappointment, the City Clerk’s Office received one additional application.
At its meeting of August 2, 2022 , the City Council approved the Advisory Commissioner Appointment Interview Subcommittee to interview the Civic Improvement Commission incumbent Bracher for reappointment.
DISCUSSION
The Advisory Commissioner Appointment Interview Subcommittee (Vice Mayor Bybee and Councilwoman Landry) met on August 9, 2022 and interviewed Chris Bracher to fill one of the three four -year terms available on the Civic Improvement Commission . The Advisory Commissioner Appointment Interview Subcommittee will report on the interview and make a recommendation regarding the appointment to the Civic Improvement Commission.
Item: 15
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: August 16, 2022
15 Packet Pg. 775
Approve Appointment to the Civic Improvement Commission and Reopen the Recruitment Page 2 of 2
Additionally, it has been determined that an adequate number of qualified applicants to fill the vacancies w ere not received. In order to fill this upcoming vacancy and to encourage new applicants to apply, staff recommends reopening the vacancy and extending the application period until a sufficient number of applications are received.
FISCAL IMPACT
There is no fiscal impact associated with this appointment reopening the vacancy and extending the application period as serving on this advisory commissio n is an unpaid position.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. C. Bracher Application
15 Packet Pg. 776
From:
Sent: Tuesday, May 24, 2022 7:36 AM
To: Andrea Sanders <[email protected]>
Subject: Civic Improvement Commission Reappointment
WARNING: This email originated from an external sender! Please do not open attachments or click on links unless you are certain it is legitimate.
Hi Andrea,
I would like to be considered for reappointment to the Civic Improvement Commission.
Thank you,
Chris Bracher
15.a
Packet Pg. 777
Attachment: C. Bracher Application (Approve Appointment to the Civic Improvement Commission and Reopen the Recruitment)
15.a
Packet Pg. 778
Attachment: C. Bracher Application (Approve Appointment to the Civic Improvement Commission and Reopen the Recruitment)
15.a
Packet Pg. 779
Attachment: C. Bracher Application (Approve Appointment to the Civic Improvement Commission and Reopen the Recruitment)
City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR RESNIKOFF:
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Clean Water JPA
West Valley Mayors and Managers
West Valley Sanitation District
West Valley Solid Waste Authority JPA
VICE MAYOR BYBEE
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Cities Association of SCC Representative
Downtown Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Association of Bay Area Governments (Alt.)
Cities Association Selection Committee & Legislative Action Committee (Alt.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)
COUNCILMEMBER GIBBONS:
Association of Bay Area Governments Executive Committee** Item: 16
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: August 16, 2022
16 Packet Pg. 780
Council Committee Reports Page 2 of 3
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of SCC Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy JPA Board of Directors & Executive Committee (SVCE)
County Library District JPA Board of Directors (Alt.)
SCC Housing and Community Development Advisory Committee (Alt.)
COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Downtown Subcommittee
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District: County Water Commission
Cities Association of Santa Clara County Representative (Alt.) State Route (SR) 85 Corridor Policy Advisory Board (Alt.) West Valley Solid Waste Authority JPA (Alt.)
West Valley Clean Water JPA (Alt.)
COUNCILMEMBER LOPEZ:
Association of Bay Area Governments
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
SCC Housing and Community Development Advisory Committee State Route (SR) 85 Corridor Policy Advisory Board
Valley Transportation Authority Policy Advisory Committee
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors Executive Committee (Alt.) West Valley Sanitation District (Alt.)
**appointed by other agencies
Prepared by:
Andrea Sanders, Interim City Clerk
16 Packet Pg. 781