City Council Agenda
City of Campbell, 70 N. First St., Campbell, California
NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Servi ces', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.
This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the mee ting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Co uncil. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 20, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Proclamation for the Information Technology Division for Providing Outstanding Assistance and Access to Public Meetings and City Services Recommended Action: That the City Council recognize the Information Technology Department for their efforts in supporting the City of Campbell through virtual public meetings.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law
generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
2. Minutes of City Council Special Meeting of November 29, 2022 Recommended Actio n: Approve the special meeting minutes of November 29, 2022.
3. Minutes of City Council Executive Session Meeting of December 6, 2022 Recommended Action : Approve the executive session meeting minutes of December 6, 2022.
4. Minutes of City Council Regular Meeting of December 6, 2022 Recommended Action : Approve the regular meeting minutes of December 6, 2022..
5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,129,525.57
6. Monthly Investment Transactions Report (November 2022) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for November 2022.
7. Approval of MOU, Updates to Campb ell Personnel Rules and Regulations; and Approving Updates to the City of Campbell's Salary Plan with Campbell Peace Officers' Association (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving and ratifying a successor Memorandum of Understanding (MOU) between the City of Campbell and the Campbell Peace Officers' Association (CPOA); approving updates to the City of Campbell Personnel Rules and Regulations; and, approving updates to the City of Campbell's Salary Plan.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
NEW BUSINESS
8. Declaring the Canvass of Returns and Results of the General Municipal Election Held on November 8, 2022 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution declaring the canvass of returns and result of the General Municipal Electi on and direct the City Clerk to administer the Oaths of Office.
9. City Council Reorganization
Recommended Action: That the City Council reorganize and elect a Mayor and Vice Mayor for the upcoming year.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Proclamation for the Information Technology Division for Providing Outstanding Assistance and Access to Public Meetings and City Services
RECOMMENDED ACTION
That the City Council recognize the Information Technology Department for their efforts in supporting the City of Campbell through virtual public meetings.
BACKGROUND
The first case of COVID -19 was detected in the United States on January 21, 2020. On January 30, 2020, the World Health Organization (WHO) declared the COVID -19 outbreak a Public Health Emergency of International Concern.
Based on the County’s infection case reports and expanded guidance and recommendations, the C ity determined that a large part of its workforce and resident population were at risk of contracting COVID-19. The pandemic also impacted the City’s ability to conduct business and programs, as infection containment and mitigation measures resulted in the reduction of meetings, public gatherings, city programs, City Council meetings and other operations that could not be easily or immediately automated or executed remotely.
Even through unprecedented times t he City’s Information Technology (IT) division quickly organized strategies to allow City services and public meetings to continue virtually.
DISCUSSION
The IT division came up with digital solutions aimed at helping the City engage with their constituents. Through virtual platforms like Zoom and li ve-stream services like YouTube the IT division made it feasible for not only the City Council but six Boards and Commissions and various subcommittees to conduct virtual meetings.
The IT division assisted in the training and support of staff to conduct v irtual public meetings and allow for public participation when City Hall was closed. In addition to public meetings the IT division made it possible to conduct Public Works bid openings, Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: December 20, 2022
1 Packet Pg. 4
Proclamation for Information Technology Page 2 of 2
the State of City Address, Employee Recognition events and countless staff meetings to continue virtually.
Even after the world pandemic IT continued to come up with innovative ways to allow for better civic improvement by upgrading and install ing equipment in the Council Chambers, City Hall and Community Center meeting r ooms to permit the facilitation of hybrid meetings. To date, the IT division continues to provide on -site support for all City Council and Planning Commission meetings.
At this time it is appropriate to recognize the accomplishments and continued efforts of the Information Technology division for their professional efforts to create increased public meeting participation, civic engagement and transparency.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Proclamation for IT Division
1 Packet Pg. 5
PROCLAMATION
OF THE MAYOR OF CITY OF CAMPBELL
WHEREAS, the City of Campbell Information Technology division (IT) is essential in maintaining the City’s technological systems, maintenance of its infrastructure, network management and security; and
WHEREAS, since April 202 0, the I T division has been vital in providing access to public meetings via virtual participation and live stream ing, which was an essential service throughout the Covid-19 pandemic; and
WHEREAS, the IT division has worked tirelessly to build the City’s virtual platforms so that s taff and residents are able to view, present, and comment on City business; and
WHEREAS, the I T division allowed the work of the City Council , six Boards and Commissions, Council Subcommittees , Public Works bid openings, Sta te of C ity Address, Employee Recognition events and countless staff meetings to continue virtually; and
WHEREAS, the IT division created i nnovative solutions to upgrade and install equipment in Council Chambers, City Hall and Community Ce nter meeting rooms to permit the facilitation of hybrid meetings; and
WHEREAS, all of the tools and systems set by the IT di vision allowed the Campbell community to continue to engage and support each other during a time when we were not able to physically be together; and
NOW, THEREFORE, I, Paul Resnikoff, Mayor of the Ci ty of Campbell, California, hereby recognize the Information Te chnology division for their dedicated efforts resulting in increased public meeting participation, civic engagement and transparency.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBE LL this 20th day of December 2022.
___________________________
Paul Resnikoff, Mayor
City of Campbell, California
1.a
Packet Pg. 6
Attachment: Proclamation for IT Division (Proclamation for Information Technology)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 29, 2022 – 6:00 PM
City Hall Council Chamber
70 N. First St., Campbell, California
This City Council meeting wa s duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PUBLIC COMMENT
Public comment was taken prior to Council discussion.
UNFINISHED BUSINESS
1. Campbell’s Plan for Housing (2023 -2031 Housing Element) to Facilitate Further Refinement of the Housing Opportunity Map and Goals, Policies, and Programs Which Will Guide Housi ng Development and Services Throughout the Eight-Year Planning Period. (File No. PLN-2021-12) Recommended Action: Direct Staff to submit a revised HCD Draft of Campbell’s Plan for Housing (2023 -2031 Housing Element) to Housing and Community Development ( HCD) for review, incorporating public feedback and proposed modifications.
Community Developme nt Director Rob Eastwood provided introductions of Senior Planner Stephen Rose and M -Group consulting team Jeff Bradley, Karen Warner and Asher Kohn and an overview of the meeting structure.
Senior Planner Rose presented the methodology stating that the City needs to plan for at least 2,977 units to meet is Regional Housing Needs Allocation (RHNA) with a 30% buffer recommended by the California Department of Housing Community Development Department. (HCD) Ba sed on Council 2 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR)
Minutes of November 29, 2022 City Council Meeting Page 2 direction staff identified eight refinement criteria as factors to define the housing property site inventory. The key advantages and disadvantages of the larger housing opportunity site invento ry was discussed. Information on four options t o the housing opportunity site mapping refinement was provided with staff recommending option 1, the removal of eight sites and the greatest buffer.
• Option 1: Staff Recommended, 4,899 Unit Count, Greatest Buffer • Option 2: Remove Technology Park, 4,446 Unit Count, Low Score; Corp Yard • Option 3: Reduced Inventory 3,889 Unit Count, Smallest Buffer • Option 4: Reduced Densities 4,676 Unit Count, Sensitive to Residential
Community Development Director Eastwood identified five additional areas for Council direction per the response letter from HCD, consisting of homelessness, preservation of at-risk units, Affirmatory Furthering Fair Housing, (AFFH) Housing Ordinance updates and stronger commitment to milestones and actions.
Councilmembers asked questions related to the staff presentation.
Mayor Resnikoff asked if anyone from the public wished to speak.
Jim Sullivan, Campbell resident, stated support for option 1. He stated that providing the greatest number of sites will create the greatest number of units.
He also spoke as a representative of Uplift Family Services in regard to the Llewellyn Avenue site and was glad to know the site will remain on the list. Last, he spoke as a representative for the property o wners on Virginia Avenue, which is considered a large site and he has a plan to bring the property to a middle density.
Sarah Chaffin, Campbell resident, was supportive of option 1, and having a higher number of opportunity sites in the beginning versus a dding them later which could present challenges when trying to add affordable or missing middle housing.
Adam Buchbinder, Campbell resident, stated concerns that if option 1 is not used that it would be unlikely the City would meet its below market rate h ousing goal.
He encouraged the City to set up an active Transportation Plan as part of the Housing Element.
Councilwoman Landry was supportive of option 1 and option 4. She did not think there should be over 4,000 units, supported a reduced density; expr essed concerns with the 75 -foot heights in the single -family neighborhood adjacent areas; would like to pursue Motel 6 as shelter housing; did not support the Corp Yard being included; and thinks the Virginia Avenue site is well suited for housing. She sta ted support for Single Room Occupancy, (SRO) Below Market Rate, (BMR) Accessory Dwelling Unit (ADU) and affordable housing units.
Councilmember Lopez stated support for option 1. He suggested adding back the Jack in the Box site. He would also be agreeable to taking off some of the sites in option 4, specifically the Bascom Avenue and Winchester Blvd sites. He stated 2 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR)
Minutes of November 29, 2022 City Council Meeting Page 3 concerns with reducing the unit count and impacts to the 30% buffer. He noted additional studies need to be done to see if the Corp Yard or Technology park would be feasible and was supportive of keeping those in.
Councilmember Gibbons stated concerns with the 125 E. Campbell Avenue site and was not supportive of changing the zoning. She did not support taking out the Jack in the Box site at the corner of Bascom and Hamilton. At San Tomas Expressway and Hamilton Avenue she suggested a higher density at the perimeter of the site and lower density on the interior. Councilmember Gibbons was supportive of a lower density, the minimum RHNA require ment and a lower buffer option. She was not supportive of moving the Corp Yard or the site at Budd and Winchester, but was in favor building housing at the Technology Park site and leaving Parcel 49 as open space.
Vice Mayor Bybee stated support for opti on 1 and option 4. She stressed the importance of being sensitive to existing residential. Vice Mayor Bybee stated concerns with housing at the Technology Park site as it does not have good ingress/egress and is not walkable to servi ces such as grocery sto res; and did not support moving the Corp Yard. She stated support for housing at 320 Virginia Ave.
Mayor Resnikoff was supportive of option 1 and open to option 4. He stated more sites would allow for more flexibility. He was willin g to continue to look a t sites such as the Corp Yard and Technology Park. He was supportive of leaving the Virginia Avenue site for housing.
Councilmember Gibbons asked if the Council was agreeable to removing the site at 125 E. Campbell Avenue. There was not Council consensus.
Community Development Director Eastwood summarized the Councill direction stating there was consensus for option 1 and 4; keeping the Virginia Ave., Technology Park and Corp Yard sites.
M/S: Lopez/Landry – That the City Council direct staff to submit a revised HCD Draft of Campbell’s Plan for Housing (2023 -2031 Housing Element) to Housing and Community Development (HCD) for review, incorporating public feedback and proposed modifications; with the recommended staff option of Option 1. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [3 TO 2]
MOVER: Lopez
SECONDER: Bybee
AYES: Resnikoff, Bybee, Lopez
NAYS: Gibbons, Landry
Mayor Resnikoff called for a ten minute recess and reconvened at 8:27 p.m.
2 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR)
Minutes of November 29, 2022 City Council Meeting Page 4 Community Development Director Eastwood spoke to potential policies and programs and asked for direction on the five topic areas identified by HCD for discussion:
A. Homelessness
B. Preservation of At-Risk Units
C. Affirmatory Furthering Fair Housing, (AFFH)
D. Housing Ordinance Update
E. Stronger Commitment to Milestones and Actions
Councilmember Lopez was supportive of all five topics. He requested more outreach with the faith based communities to address homelessness. He noted concerns with the lack of special housing needs and e ncouraged staff to look at other avenues to assist the elderly and disabled. He expressed interest in exploring a State of Shelter Emergency under Senate Bill (SB) 50. He asked staff to look into a Green Space strategy and Transportation Plan to address pedestrian access and bike lanes.
Councilmember Gibbons was supporti ve of all five topics. She spoke of how the homeless count was performed differently this year and that the data is not reflective of accurate counts. She requested policies addressing a sh ort-term rental ordinance excluding room rentals that codifies a ma ximum of six months cumulative rental days. She was in support of increasing the inclusionary ordinance to 20%. Councilmember Gibbons asked about including information regarding the RYDE tr ansportation program. She noted the valuable programs, assistance and grants available through Silicon Valley Clean Energy.
Vice Mayor Bybee supported all five recommendations. She cautioned on budgetary increases such as adding a Housing Coordinator/Comm ission; would like a stronger partnership with the County to provid e homeless services. She suggested expanding the scope of the Civic Improvement Commission (CIC) to address housing; and a Project Room Key partnership with Motel 6.
Mayor Resnikoff was s upportive of all five topics. He cautioned on restricting some of t he uses for ADUs. He suggested doing more with the Safe Park programs to help address the homelessness issue. He also expressed concerns with funding these programs and suggested looking at grants and potentially working with the CIC to add a housing commi ssion component. In regards to topic E, he noted how critical that was and requires a more specific action to provide to HCD.
Councilwoman Landry was supportive of all five topics. She was supportive of a Housing Commission but did not think the CIC would be the best option and suggested a Council Subcommittee. She was not supportive of short -term rentals.
Councilmember Gibbons spoke of the previous year’s Ad Hoc Subcommittee on Housing in partnership with the Office of Supportive Housing where there was discussion on Project Room Key and multiple attempts to buy the Motel 6. She expressed support of a Housing Committee, thought it could start with the CIC 2 Packet Pg. 10
Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR)
Minutes of November 29, 2022 City Council Meeting Page 5 but may be better suited for the R ental Increase Fact Finding Committee. (RIFFC) She suggested lookin g at infrastructure grants and revisiting the Downtown Street Teams for rehabilitating the homeless. She stated there needs to be more coordination with the Plan 2050 transportation program as there is funding available.
Councilmember Lopez was supportiv e of a Housing Commission and recommended getting the input of underrepresented communities.
2. Authorize the City Manager to Approve and Execute an Amendment to the Consultant Services Ag reement with Metropolitan Planning Group to Finalize Campbell’s Pla n for Housing (2023 -2031 Housing Element) and Initiate a Corresponding Budget Adjustment. (Resolution/Roll Call Vote) Recommended Action: Adopt a Resolution, authorizing the City Manager t o approve and execute an amendment to the Consultant Services Agree ment with Metropolitan Planning Group (M -Group) to finalize Campbell’s Plan for Housing (2023-2031 Housing Element); and initiate a budget adjustment to appropriate $150,000 for additional contract costs.
Councilmembers expressed their appreciation to sta ff and the consultants on all their efforts to complete the Housing Element.
M/S: Gibbons/Landry – That the City Council adopt Resolution 12925 authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Metr opolitan Planning Group (M - Group) to finalize Campbell’s Plan for Housing (2023 -2031 Housing Element); and initiate a corresponding budget adjustment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
ADJOURN
Mayor Resnikoff adjourned the meeting at 9:00 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk
2 Packet Pg. 11
Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, December 6, 2022 – 6:30 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in special meeting at Campbell City Hall, 70 N. First Stree t, Campbell California in the Ralph Do etsch Conference Room.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation
C. Real Property
D. Labor Negotiations – Pursuant to G.S. Section 54957.6: Conference with Labor Negotiator – Agency Negotiator: Jenny Li -Christensen, Hu man Resources Manager. Employee Organization: Campbell Peace Officers Association (CPOA)
The City Council met in Executive Session to discuss item D. Ci ty Attorney, William Seligmann; City Manager, Brian Loventhal; Assistant City Manager, Angelique Gaeta, 3 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 6, 2022 6:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 2 Finance Director, Will Fuentes; and Human Resources Manager, Jenny Li -Christensen were in attendance.
ADJOURN
Mayor Resnikoff adjourned the meeting at approximately 7:26 p.m.
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea Sanders, City Clerk
3 Packet Pg. 13
Minutes Acceptance: Minutes of Dec 6, 2022 6:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 6, 2022 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed purs uant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.cityofcampbell.com/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Finance Director, Will Fuentes and Public Works Director, Todd Capurso in r ecognition of their financial awards and parks improvement achievements. Mayor Resnikoff presented each of them with a certificate of appreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Recognition of the City Rec eiving the Government Finance Officers Association (GFOA)'S Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 2022
Recommended Action: That the Mayor and City Council recognize and congratulate the Finance Department for their dedicated service in rec eiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended Ju ne 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022.
Mayor Resnikoff congratulated Director Fuentes and the Finance Department for their leadership and dedicated service in receiving the GFOA’s Cer tificate of 4 Packet Pg. 14
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 2 Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the GFOA's Distinguished Budget Present ation Award for the fiscal year beginning July 1, 2022.
Finance Director Fuentes thanked the Council for their recognition and his entire Finance team for all of their dedicated efforts on the Budget.
Mayor Resnikoff presented Director Fuentes a proclamation for his achievements.
M/S: Gibbons/Bybee – That the Mayor and City Council recognize and congratulate the Finance Department for their dedicated service in receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
2. Proclamation Recognizing the Public Works Department Parks Team for the Implementation of Park Improvement Projects and Continued Maintenance Services
Recommended Action: That the City Council recognize the Public Works Department Parks Team for their efforts in imple menting park improvements and continuing to maintain park s to ensure the continued accessibility and safety of park amenities to members of the Campbell community.
Mayor Resnikoff congratulated the Public Works Department and the Parks Team for their ou tstanding efforts in the successful completion of multipl e park and playground improvements and for maintaining, improving, and preserving all parks in the City. He noted the exceptional benefits these projects provide to the Campbell community.
Public Works Director Capurso thanked the Mayor and the City Counc il for their recognition and for providing the resources to make these projects successful.
He also thanked the Parks Team for their significant accomplishments, and the Engineering Department, Senio r Engineer, Fred Ho, and City Engineer, Amy Olay, for the exceptional parks designs. Director Capurso also thanked the Inspection Division, represented by John Burchfiel, and the Parks Maintenance staff, represented by Interim Maintenance Superintendent, R on Taormina and Parks Supervisor, Bob Siudzinski.
Dawn Anderson, Campbell resident and business owner, indicated that she was a Certified Access Specialist and ADA Coordinator, noted her prior experience as a California Safety Playground Inspector, and st ated her concerns that the Campbell Park is not accessibl e to people with disabilities and is not conforming to State and ADA Building Codes. She also noted that she will provide her report on specific violations to the City Clerk and the Department of Justice. 4 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 3
Mayor Resnikoff presented the Public Works staff a proclamation for their achievements.
M/S: Lopez/Bybee - That the City Council recognize the Public Works Department Parks Team for their efforts in implementing park improvements and continuing to maintain parks to ensure the continued accessibility and safety of park amenities to members of the Campbell community. The motion was adopted by the following roll call vote.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
There were no oral requests.
COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services includ ing permits, business license applications and virtual appointments are a vailable online. Visit the city’s website at campbellca.gov to view information for all city departments and services available.
The City Clerk’s office is accepting applications for Boards and Commissions. To find out more about these positions, or to apply, please contact the City Clerk’s office at (408) 866-2117, or visit the city’s website at campbellca.gov.
The Ainsley House and Museum Holiday Boutique will be op en for public tours every Thursday through Sunday, until December 18. For more information about this and other upcoming events, please visit campbellmuseums.com.
The Campbell Heritage Theatre presents Christmas with the Celts on Friday, December 9 at 8:00 pm. To purchase tickets, please visit the city’s website at campbellca.gov.
The Academy of Classical Ballet – CA presents: A Winter Wonderland Studio Dance Production at the Heritage Theatre on Friday, December 16, & Saturday, December 17.
To purchase tickets, please visit the city’s website at campbellca.gov.
City Hall offices will be closed for business beginning Friday, December 23 through Monday, January 2. Police and emergency services will remain open.
CONSENT CALENDAR
4 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 4 Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.
Items 15, 17, 18, 20 and 21 were pulled from the consent calendar.
The Consent Calendar was considered as follows:
3. Minutes of City Council Executive Session Meeting of November 1, 2022 Recommended Action: Approve the executive session meeting minutes of November 1, 2022.
This action approves the executive session meeting minutes of November 1, 2022.
4. Minutes of City Council Special Meeting of November 1, 2022 Recommended Action : Approve the special meeting minutes of November 1, 2022.
This action approves the special meeting minutes of November 1, 2022.
5. Minutes of City Council Regular Meeting of November 1, 2022 Recommended Action: Approve the regular meeting minutes of November 1, 2022.
This action approves the regular meeting minutes of November 1, 2022.
6. Minutes of City Council Executive Session Meeting of November 15, 2022 Recommended Action : Approve the executive session meeting minutes of November 15, 2022.
This action approves the executive session meeting minutes of November 15, 2022.
7. Minutes of City Council Regular Meeting of November 15, 2022 Recommended Action: Approve the regular meeting minutes of November 15, 2022.
This action approves the regular meeting minutes of November 15, 2022.
8. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,094,744.11.
This action approves the bills and claims in the amount of $1,094,744.11 as follows: payroll checks dated Oc tober 13, 2022, in the amount of $66,686.00; bills and cl aims checks dated October 17, 2022, in the amount of $277,137.44; and bills and claims checks dated October 24, 2022, in the amount of $784,092.67.
9. Monthly Investment Transactions Report (October 2022) Recommended Action: That the City Council review a nd accept the Monthly Investment Transactions Report for October 2022.
This action notes and files the Monthly Investment Transactions Report for October 2022.
10. Community Facilities District No. 1 Report Fiscal Year (FY) 2021-22 4 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 5 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code Sections 53411 and 50075.3.
This action notes and files the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code Sections 53411 and 50075.3.
11. Community Facilities District No. 2 Report Fiscal Year (FY) 2021-22 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the Cali fornia Government Code sections 53411 and 50075.3.
This action notes and files the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code sections 53411 and 50075.3.
12. Approval of Tract Map No. 10580 Including Acceptance of Pub lic Service Easements Shown on Said Map – 1429 & 1445 Westmont Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Tract Map for Tract No. 10580 and accept the public service easements as shown on the map for the property located at 1429 & 1445 Westmont Avenue.
Resolution 12911 approves the Tract Map for Tract No. 10580 and accepts the public service easements as shown on the map for the property located at 1429 & 1445 Westmont Avenue.
13. Approval of the Vacation of the Light and Air / Building Line, and the Future Avenue Line Within Lot 1 of Tract Map No. 89 (Portions of Hacienda Avenue – Formerly Allen dale Avenue, and Burrows Road) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution (1) summarily vacating the Light and Air / Building Line within Lot 1 of Tract Ma p No. 89; (2) summarily vacating the Future Avenue Line within Lot 1 of Tract Map No. 89; and (3) directing the City Clerk to record the resolution.
Resolution 12912 summarily vacates the Light and Air / Building Line within Lot 1 of Tract Map No. 89; sum marily vacates the Future Avenue Line within Lot 1 of Tract Map No. 89; and directs the City Clerk to record the resolution.
14. Accept Improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22-BB, and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the C ity Council adopt a resolution accepting the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22 -BB; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Di rector to perform a budget adjustment.
4 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 6 Resolution 12913 accepts the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfac ing, Project 22 -BB; directs the City Engineer to file the Notice of Completion; and auth orizes the Finance Director to perform a budget adjustment.
16. Accept the “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project No. 21 -OO, and Direct Filing of Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the work completed for the City’s “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project 21 -OO and direct the City Engineer to file the Notice of Completion.
Resolution 12914 accepts the work completed for the City’s “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project 21 - OO and directs the City Engineer to file the Notice of Completion.
19. Resolution Reviewing and Accepting the Annual Developer Fee Disclosure Information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and Making Five -Year Findings for the Parkland Dedication Fee and Ve hicle Impact Fee for the Fiscal Year Ended June 30, 2022 Pursuant t o California Government Code (GC) Section 66001 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution consistent with the Mitigation Fee Act (AB -1600) to review and accept the annual developer fee disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five -year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year en ded June 30, 2022 pursuant to California Government Code (GC) Section 66001.
Resolution 12915, consistent with the Mitigation Fee Act (AB-1600) to review and accept the annual developer fee disclosure information for the Environmental Services Fee, Parklan d Dedication Fee, and Vehicle Impact Fee and make five - year finding s for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 2022 pursuant to California Government Code (GC) Section 66001.
M/S: Landry/Bybee – That the City Council approve the Consent Calendar with the exception of items 1 5, 17, 18, 20 and 21. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
ITEMS CONSIDERED SEPARATE FROM COSENT
15. Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing
4 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 7 Recommended Action: That the City Council adopt a resolution, declaring weeds a public nuisance, and setting January 17, 2023, as the date f or a public hearing to hear protests.
City Manager Loventhal pulled the item to note that due to a conflict with Councilmembers attending training conferences out of town, the January 17, 2023 Council meeting will be cancelled and a spe cial Council meetin g will be held on January 23, 2023. He recommended scheduling the public hearing for weed abatement to January 23, 2023.
M/S: Gibbons/Landry – That the City Council adopt Resolution 12916 declaring weeds a public nuisance, and setting J anuary 23, 2023, as the date for a public hearing to hear protests. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
17. Amendment to the Classification and Salary Plan
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Recreation Program Coordinator and Police Officer.
Councilmember Gibbons asked for clarification on the Youth Commi ssion staff liaison position.
Recreation and Community Services Director Natasha Bissell stated that for the Youth Commission to maintain consistency for the remainder of the year, current staff member Gayathri Balasubramanian will continue to support the Commission. Once t he Recreation Program Coordinator position is filled, the Youth Commission staff liaison will fall under that position next year.
M/S: Gibbons/Lopez - That the City Council adopt Resolution 12917 amending the Classification and Salary P lan for Recreation Program Coordinator and Police Officer. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Lopez
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
18. Contract Amendment for Maze & Associates
Recommended Action: That the City Council adopt a resolution authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and sy stem implementation services and authorizing a corresponding budget adjustment.
Councilmember Gibbons asked for clarification regarding the funding for the additional staffing requested.
4 Packet Pg. 20
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 8
Finance Director Fuentes clarified that there is a total contract n eed of $195,000, there is an existing co ntract in the amount of $50,000, leaving a need for $145,000 to cover payroll operations support and system implementation services support.
Councilmember Gibbons expressed concerns with the staff report and was not supportive of using ARPA funds towards the contract.
M/S: Lopez/Landry – That the City Council adopt Resolution 12918 authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and system implementation services; and authorizing a corresponding budget adjustment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
20. Amendment to the Consult ant Services Agreement with O'Brien Code Consulting for Plan Check Services (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing a contract amendment with O’Brien Code Consulting and dispense with the bidding requirements as specified by the Campbell Municipal Code Section 3.20.30(8).
Dawn Anderson, Campbell resident and business owner, asked if the c ontract followed Campbell Municipal Code Section 3.20.30, and if the services provided by O’Brien Code Consul ting were in compliance with the Municipal Code. She asked if the O’Brien Code Consulting contract would terminate in July 2024, what types of insp ections they would be doing, and what accessibility and structural inspections would be completed.
Councilmember Gibbons requested staff follow up with Ms. Anderson to answer her questions.
M/S: Bybee/Landry - That the City Council adopt resolution 1291 9 authorizing a contract amendment with O’Brien Code Consulting and dispense with the bidding requirements as specified by the Campbell Municipal Code Section 3.20.30(8). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
21. Resolution Commending Sergean t Brian Sessions for Over 17 Years of Service to the City of Campbell (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution commending Sergeant Brian Sessions for his over 17 Years of Service to the City of Campbell. 4 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 9 Councilmembers gave congratulatory comments to Sergeant Sessions upon his retirement and acknowledged his service to the Police Department and the Campbell community.
M/S: Bybee/Landry – That the City Council adopt Resolution 12920 commending Sergeant Brian S essions for his over 17 Years of Service to the City of Campbell. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
NEW BUSINESS
22. Authorization for the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act of 2021 (SB 129), for the Campbell Library Renovations Project (Project No. 23 -SS); Authorizing the City Manager to Execute the Funding Agreem ent wi th the California State Library and Any Amendments Thereto; and Authorizing the Finance Director to Perform a Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the grant application, acceptance, and execution of the grant funds from the State of California Budget Act of 2021 (SB 129) for the Campbell Library Renovations Project (Project No. 23-SS); authorizing the City Manager to execute the Funding Agreement and Any Amendments with the S tate of California Library; and authorizing the Finance Director to perform a budget adjustment.
Public Works Director Capurso presented a staff report dated December 6, 2022 and spoke of the grant acceptance for the Library Renovations Project. The grant funds were intended to focus on critical systems’ maintenance needs, mandated fire and life safety improvements, and compliance with the California Americans with Disabilities Act (ADA). The City is eligible for $4.7 million with a City match from Measure O funds that were already allocated from the project.
Gayle Visher, Campbell resident, thanked the City for its hard work, and thanked the Santa Clara County Library District and all the Measure O voters. She noted the public benefit that the libra ry provides and how important this grant is to the project; especially, with the escalating construction costs.
Jennifer Weaks, County Librarian for the Santa Clara County Library District, thanked staff for their efforts in securing the grant. She noted that this grant is the single biggest investment made in public libraries in the state of California. This grant will aid in addressing the deficiencies and bringing the building up to code.
Councilmembers expressed their appreciation to staff for the si gnificant grant award.
4 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 10 M/S: Gibbons/Landry – That the City Council adopt Resolution 12921 authorizing the grant application, acceptance, and execution of the grant funds from the State of California Budget Act of 2021 (SB 129) for the Campbell Library Ren ovations Project (Project No. 23 -SS); authorizing the City Manager to execute the Funding Agreement and Any Amendments with the State of California Library; and authorizing the Finance Director to perform a budget adjustment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
23. Approval of a Professional Services Agreement with the Gordian Group for a Facilities Inventory and Condition Assessmen t of C ity-Owned Buildings through a Cooperative Purchasing Agreement with Sourcewell and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(6) (Resolution/Roll Call Vote)
Recommended Action: That the City Council a dopt a resolution (1) authorizing the City Manager to enter into a Professional Services Agreement with the Gordian Group to perform a Facilities Inventory and Condition Assessment of various City-owned buildings with pricing and ter ms as determined by the City’s participation in a Cooperative Services Agreement with Sourcewell (a Cooperative Purchasing Firm); and (2) to dispense with bidding requirements, as authorized in Campbell Municipal Code Section 3.20.030(6), for professional services intended to pr ovide information for staff’s use during project development and implementation.
Public Works Director presented a staff report dated December 6, 2022. For City facilities, he stated that asset management practices involve an inc reased level of preventive maintenance to extend the useful life of assets. The Gordian Group have successfully performed similar work for the County and come highly recommended to perform a detailed inventory and City condition assessment of all city owne d structures. Director Capurso noted that the library building and Police modular buildings were included in the assessment but could be removed if the Council wished.
Steve Saunders, Campbell resident, asked if the Community Center pool was part of the assessment.
Staff noted that the pool was not part of the assessment, but they will be looking at the buildings surrounding the pool.
David Tsung, Gordian representative, noted that ADA Tier 1 assessments are included in any future park assessments. He stated that they do have capabilities to take the assessment further.
Dawn Anderson, Campbell resident and business owner, asked for consideration of the following matters: that the City has not completed a Transition Plan of its facilities under ADA Part 2 Regulations, nor does the City have any budgetary 4 Packet Pg. 23
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 11 appropriations to complete the Transition Plan. She expressed concerns that the contract is a sole source contract that did not go out for competitive bidding and requested that the Council bid the projec t through the Request f or Proposals (RFP) process.
Councilmembers discussed the importance of a thorough ADA review for compliance. Councilmembers stated support for the current contract and scope of work.
After discussion, M/S: Gibbons/Bybee - That the City Council adopt Resolution 12922 authorizing the City Manager to enter into a Professional Services Agreement with the Gordian Group to perform a Facilities Inventory and Condition Assessment of various City -owned buildings with pricing and terms as de termined by the City’s participation in a Cooperative Services Agreement with Sourcewell (a Cooperative Purchasing Firm); and to dispense with bidding requirements, as authorized in Campbell Municipal Code Section 3.20.030(6), for professional services intended to provide information for staff’s use during project development and implementation. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
24. Amending Classification Plan to Adjust the Salary Range of Unrepresented Unclassified Management Police Chief Position (Resolution/Roll Call Vote) Recommended Action: That the City Council approve the Resolution that will amend the compensation for the unrepresented unclass ified management Police Chief classification.
Human Resources Manager, Jenny Li-Christensen presented a staff report dated December 6, 2022. She not ed that following negotiations with represented labor groups, there was a compaction issue between the Poli ce Captain and Police Chief classifications. Per the City of Campbell Personnel Rules and Regulations a department head should be in a salary range w hich is a minimum of 10% above the top step of the range of his highest salaried assistant or division head .
She then noted that staff is recommending the Step 5 of the Police Chief classification be amended to follow the City of Campbell Personnel Rules and Regulations.
After discussion, M/S: Bybee/Landry - That the City Council approve Resolution 12923 that will amend the compensation for the unrepresented unclassified management Police Chief classification. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
4 Packet Pg. 24
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 12 AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
25. Resolution Amending Agreement for City Manager Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the Second Amended Agreement for City Manager services, authorizing a one -time retro-active payment to the City Manager, and updating the City's Salary Schedule for the City Manager Classification.
Human Resources Manager, Jenny Li-Christensen presented a staff report dated December 6, 2022. She stated that the City Manager did not receive a salary adjustment after negotiations closed with represented labor groups and that a compaction issue now existed between the City Manger and Police Chief classifications.
After discussion, M/S: Landry/Bybee - That the City Council adopt Resolution 12924 amending the current ag reement for City Manager services, authorizing a one -time retro -active payment to the City Manager, and updating the City's Salary Schedule for the City Manager Classification.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
26. Update to Legislative Advocacy Principles
Recommended Action: Consider Recommendation of the Legislative Subcommittee to Update the Legislative Advocacy Principles Policy.
Assistant City Manager, Angelique Gaeta presented a staff report dated December 6, 2022. She noted updates to the Legislative Advocacy Principles Policy included the addition of an alternate member to cover when a current member is unavailable or needs to recuse themself; clarification that the Legislative Subcommittee will meet through the end of the Legislative Calendar in September; and the addition of Legislative Priorities to guide the Subcommittee on which legislative bi lls to track. The updates also authorize a member to vote on legislation brought before other committees if it meets the Guiding Principles and Legislative Priorities included in the updated policy.
Vice Mayor Bybee felt the update made it more of a restr ictive policy. She was not supportive of adding an alternate member and felt that if any member was unable to vote it should be brought before the full Council for discussion.
Mayor R esnikoff was not supportive of adding an alternate member and was supportive of the item coming before the Council. He stated that the Guiding Principles should be determined annually by the Council. He stated concerns with proposing that the Chair could sign a position letter in lieu of the Mayor.
Councilwoman Landry stated concerns with an alternate member and was supportive of it returning to Council if only one member is available or the Mayor 4 Packet Pg. 25
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 13 was not available, but noted there could be timing issues on urgent bills. She stated support for establishing Legislative Priorit ies to provide the Subcommittee with direction at the beginning of each year.
Councilmember Lopez stated support for the updates provided. He noted it was discussed bringing items to the full Council if a member was not available but noted potential urgency concerns.
Councilmember Gibbons noted that State legislators have asked the City to take positions outside of the Cities Association recommendations. She spoke in support of an al ternate member should there be member recusals required. She noted of th e importance of timing on urgent issues and the quick turnaround needed. The purpose of the Legislative Priorities was to align with the Cities Association’s Legislative Subcommittee.
Councilmembers discussed not having a chair for the Subcommittee and al l members being equal. They discussed having the Guiding Principles determined annually based on that year’s Council priorities. Council directed staff to return with a modified policy based on their comments.
Mayor Resnikoff called for a 5-minute recess and reconvened at 10:05 p.m.
27. Response to 2022 Civil Grand Jury Report on Ballot Measure Language Recommended Action: That the City Council authorize the Mayor to submit, on behalf of the City Council, the attached letter as the City’s response to the 2022 Santa Clara County Civil Grand Jury Report, “If You Only Read the Ballot, You’re Being Duped.”
City Manager Loventhal presented a staff re port dated December 6, 2022. He highlighted the suggested City response to the Santa Clara County Civil Grand Jury report and asked for Council direction if alternate wording is necessary.
Vice Mayor Bybee requested that the relevant Elections Codes, espe cially those pertaining to ballot measures, be cited in the response. Councilmembers expressed support for that direction.
After discussion, M/S: Landry/Bybee - That the City Council authorize the Mayor to submit, on behalf of the City Council, the attac hed letter as the City’s response to the 2022 Santa Clara County Civil Grand Jury Report, “If You Only Read the Ballot, You’re Being Duped,” and add language regarding the relationship to the Elections Code. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
There was no public hearings and introductions of ordinances. 4 Packet Pg. 26
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 14
UNFINISHED BUSINESS
28. Code of Conduct Policy for Boards and Commissions
Recommended Action: Consider adoption of Code of Conduct Policy for City Boards and Commissions.
Assistant City Manager, Angelique Gaeta presented a staff report dated December 6, 2022. The policy was vetted by the City Manager, City Attorney and then brought before the City’s Boards and Commissions. Assistant City Manag er Gaeta asked for Council feedback on policy title, additional examples, clarification on the definition of “affiliated,” and should Board and Commission members be directed to the City Attorney when unclear if there is a perceived conflict of interest.
Councilmember Lopez suggested an FAQ document to aid Commissioners.
Councilmembers expressed support for an FAQ document.
Councilmember Gibbons noted that the policy should be more specific and has no guidelines as to what would apply as a perceived con flict of Interest. She also requested language as to what the removal process would be if commissioners violate the Policy. She asked for clarification to be provided to commissioners on how they represent themselves outside of their City commission role.
Mayor Resnikoff noted that the Fair Political Practices Commission (FPPC) Ethics t raining has a lot of good examples. He stated there should be clear direction that it is the responsibility of the commissioners to go to the City Attorney should there be a ny concern of conflict. He also requested clarification on what the consequence of a violation is, and how you would implement that.
Councilwoman Landry noted the importance of clear examples on what to say or not say, especially when representing yoursel f outside of your Commission position.
Vice Mayor Bybee suggested including a clea r definition of what a conflict of interest is in a general statement, and then reference the FAQ for examples. She also requested language speaking to the enforcement of a policy violation.
Councilmember Lopez in speaking to enforcement, cautioned that it not be used surreptitiously toward those whose opinion differs from Council. Nor should restrictive language be added that could potentially infringe on free speech rights.
City Manager Loventhal stated that they will return to Council with a revised policy, based on Council direction, that includes enforcement language and an FAQ with stronger examples.
COUNCIL COMMITTEE REPORTS
29. Approve Appointments to Civic Improvement Commission Recommended Action: It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview 4 Packet Pg. 27
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 15 Subcommittee regarding appointments to the Civic Improvement Commission for two four -year terms expiri ng August 2026; and the Historic Preservation Board for two four-year terms expiring October 2026.
Advisory Commissioner Appointment Interview Subcommittee members, Vice Mayor Bybee and Councilwoman Landry reported that they met on December 5, 2022 to int erview two Historic Preservation Board Members whose terms are expiring and are seeking reappointment, Susan Blake and Laura Taylor Moore.
The Subcommittee recommended that both Susan Blake and Laura Taylor Moore be reappointed to a full four -year term. Th e Subcommittee also interviewed two new applicants, Thomas Russell and Gary Coluccio, who are seeking appointment to the Civic Improvement Commission, and recommended their appointment, each to a full four-year term.
M/S: Bybee/Landry – That the City Coun cil reappoint Susan Blake and Laura Taylor Moore to the Historic Preservation Board to terms expiring October 2026; and two appointments to the Civic Improvement Commission, Gary Coluccio and Thomas Russell, each to a four -year term expiring August 2026. T he motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
30. Council Committee Reports
Recommended Action: That the City Council report o n activities f rom their committee assignments.
Councilmember Gibbons attended the Silicon Valley Clean Energy Legislative and Regulatory Subcommittee meeting, and the Campbell Park Playground Dedication Ceremony.
Councilwoman Landry attended the Campbell Park Playgrou nd Dedication Ceremony; the Advisory Commissioner Dinner; and the grand opening of Vino Smiles Dentistry.
Councilmember Lopez attended the Finance Subcommittee meeting; the League of California Cities Peninsula Division meetings; the Bay Are a Air Quality Management District meetings; and, noted his appointment by the West Valley Mayors and Managers to the Santa Clara Valley Transportation Authority Board of Directors.
Vice Mayor Bybee attended the Finance Subcommittee meeting; the Campbell Park Playground Dedication Ceremony; and the Advisory Commissioner Dinner.
Mayor Resnikoff attended the Advisory Commissioner Dinner; the Mayors and Managers meeting; the Campbell Park Playground Dedication; the Interfaith Thanksgiving Church Service at the United Church of Christ with Councilmember Gibbons; and the West Valley Solid Waste Authority JPA Special meeting. 4 Packet Pg. 28
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of December 6, 2022 City Council Meeting Page 16
ADJOURN
Mayor Resnikoff adjourned the meeting at 10:44 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk
4 Packet Pg. 29
Minutes Acceptance: Minutes of Dec 6, 2022 7:30 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $3,129,525.57
DISCUSSION
The bills and claims that have bee n audited and approved by staff for payments made as noted below:
Type Check Date Amount
Payroll November 10, 2022 $25,842.45
Bills & Claims November 21, 2022 $2,835,436.18
Payroll November 23, 2022 $31,215.95
Bills & Claims November 28, 2022 $237,030.99
Total $3,129,525.57
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Norite Vong, Finance Manager
Item: 5
Category: CONSENT CALENDAR
Meeting Date: December 20, 2022
5 Packet Pg. 30
Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
5 Packet Pg. 31
City
Council
Report
TITLE: Monthly Investment Transactions Report (November 2022)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for November 2022.
BACKGROUND
As required by California Government Code ( GC) Section 53607, staff will submit to Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to Council within 30 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers November 2022. As shown in Attachment A, staff made $4.5 million in withdrawals from and deposited $3.4 million into the City’s Local Agency Investment Fund (LAIF) account to manage weekly operating cash flows. $2.0 million in additional securities were purchased in November; $1.0M FHLB with a 5.0% yield, 1.25 year term and $1.0M FHLMC (Freddie Mac) with a
5.6% yi eld, 3.0 year term . Consistent with the recommended FY 2022-23 Investment Strategy approved by Council on August 1 6, 202 2, staf f watches for longer -term investment opportunities outside of LAIF , as interest rates rise, providing a higher, yet still safe return consistent with the City’s Investment Policy. The LAIF investment rat e for November rose to 2.007%. Staff will continue to look for attractive and appropriate longer-term investment opportunities throughout FY 202 3; con tingent on continued positive economic interest rate trends. Please note that all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: December 20, 2022
6 Packet Pg. 32
Monthly Investment Transactions Report (November 2022) Page 2 of 2
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-11.30.22
6 Packet Pg. 33
CITY OF CAMPBELL
Monthly Investment Transactions Report
November 1 to November 30, 2022
Account Trans. Date November 2022
LAIF - ******137
Average Monthly Yield 2.007%
Beginning Balance 65,622,758$
Transactions
Withdrawal 11/03/2022 (900,000)
Withdrawal 11/07/2022 (300,000)
Withdrawal 11/16/2022 (500,000)
Withdrawal 11/21/2022 (2,800,000)
Deposit 11/29/2022 2,100,000
Deposit 11/30/2022 1,300,000
Monthly Total (1,100,000)
Ending Balance 64,522,758$
Account Trans. Date November 2022
Bank of New York (BNY) - ******818
Beginning Balance 23,999,860$
Transactions
Invest. Purchase - FHLB (5%, Yield, 1,25 Yrs) 11/07/2022 1,000,000 Invest. Purchase - FHLMC/Freddie Mac (5.6% Yield; 3.00 Yrs) 11/18/2022 1,000,000 Monthly Total 2,000,000
Ending Balance 25,999,860$
6.a
Packet Pg. 34
Attachment: Monthly Investment Activity Report-11.30.22 (Monthly Investment Transactions Report (November 2022))
City
Council
Report
TITLE: Approval of MOU, Updates to Campbell Personnel Rules and Regulations; and Approving Updates to the City of Campbell's Salary Plan with Campbell Peace Offic ers' Association (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving and ratifying a successor Memorandum of Understanding (MOU) between the City of Campbell and the Campbell Peace Officers' Association (CPOA ); approving updates to the City of Campbell Personnel Rules and Regulations; and, approving updates to the City of Campbell's Salary Plan.
BACKGROUND
The City Council retains sole authority to enter into a Memorandum of Understanding (MOU) with recogni zed collective bargaining units. Memorandum of Understanding (MOU) negotiations are governed by the Meyer -Milias-Brown Act (MMBA), found at Government Code Section 3500, et. seq. The MMBA requires local agencies to meet and confer in good faith regarding w ages, hours, and other terms and conditions of employment with representatives of recognized collective bargaining units. The MMBA further requires that the City fully consider proposals made by collective bargaining units’ representatives before determining policy or course of action.
The term of the current Memorandum of Understanding (MOU) between the City and the Campbell Peace Officers’ Association (CPOA) expires on December 31, 2022. On November 15, 2022, the City Council held its initial closed se ssion to give authority and direction to the City’s chief negotiation team. The negotiation team received direction to negotiate a successor MOU with the CPOA with the goal of recognizing employees’ commitment and dedication to the City and providing compe nsation increases that balance the future financial interests of the City while providing competitive compensation for our employees in the areas of retention and recruitment. The City’s chief negotiation team would like to take this opportunity to thank the CPOA leadership for working together in a spirit of cooperation during this negotiation. All parties worked towards accomplishing these goals, met on approximately nine occasions and reached a tentative agreement on December 12, 2022.
DISCUSSION
Item: 7
Category: CONSENT CALENDAR
Meeting Date: December 20, 2022
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Approval of MOU with CPOA Page 2 of 5
The City’s negotiation team met and conferred in good faith with representatives from CPOA between October and December 2022 and recently reached a tentative three - year agreement, from January 1, 2023 through December 31, 2025. While the tentative agreements conform to the authority provided to the City’s negotiation team, final approval of the MOUs lies with the City Council and requires City Council ratification at a public meeting. The parties also met and conferred regarding amendments to sections of the City of Campbell Personnel Rules and Regulations specifically related to the CPOA and necessitated by the terms of the MOU. Those too require ratification by the City Council at a public meeting and are set forth below.
CPOA Memorandum of Understanding:
Discussions with the CPOA have resulted in several changes to the current MOU, are reflected in a successor MOU (Attachment B), and include the following elements:
• Salary Increases
o Effective the first full pay period of January 2023, the salaries of all classifications represented by CPOA will receive an increase of 4% o Effective the first full pay period of January 2024, the salaries of all classifications represented by CPOA will receive an increase of 3% o Effective the first full pay period of January 20 25, the salaries of all classifications represented by CPOA will receive an increase of 2%
• For year three of the MOU, a special adjustment will be provided, based on completion of a Total Compensation analysis for all CPOA benchmark classifications. Spec ifically, the City will prepare a Total Compensation analysis for all CPOA benchmark classifications, using the established benchmark agencies and compensation components. The City will calculate a special adjustment that would bring all CPOA classificatio ns’ Total Compensation to one half percent (1/2%) above the fifth position agency . The special adjustment will be effective the first full pay period in January 2025.
• Health
Effective January 1, 2023, the monthly Cafeteria Plan Allowance will 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 , and January 1, 2025, the monthly Cafeteria Plan Allowance will be set at th e Kaiser Permanente Region 1 rates for 2024 at the employee’s selected level of coverage unless the rate increase from plan year 2023 exceeds eight percent (8%). If the year -over-year rate increase exceeds 8%, the City’s Cafeteria Plan Allowance shall be eight percent (8%) higher than 7 Packet Pg. 36
Approval of MOU with CPOA Page 3 of 5
the 2023 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. • Crisis Intervention Training
o Effective January 1, 2024, eligible CPOA members who have successfully completed the Crisis Intervention Training program will receive an increase in their salary as follows:
▪ One percent (1%) of their base pay effective the first full pay period in January 2024; and
▪ An additional one perc ent (1%) of their base pay effective the first full pay period in January 2025.
• Deferred Compensation
o The City will contribute $20 per pay period towards a Section 457 deferred compensation plan for each member who matches this City contribution by making their own contribution of $20 per pay period to a Section 457 account. The member’s match of $20 per pay period required by this section must be above and beyond any existing contribution the member is already making to a Section 457 account , unless the member’s contribution would result in the member’s account exceeding annual contribution limits.
City of Campbell Personnel Rules and Regulations:
The parties also met and conferred and agreed to amendments to specific components of the City of Campbell Personnel Rules and Regulations that relate to the CPOA and which are noted below. The updated City of Campbell Personnel Rules and Regulations are also shown in red in Attachment C:
• Section 17.1 Motorcycle Assignment Pay
o Language has been added to cla rify terms and to align with the CPOA successor MOU terms and conditions for Motorcycle Special Assignment Pay.
• Section 17.4 POST/Educational Incentive Pay —Police Department Non - Management Public Safety Personnel
o The following language has been removed f rom this section to align with best practices related to POST re-certification:
“Employees receiving incentive pay for an Intermediate POST Certificate will be required to requalify on a biannual basis beginning in January 1983. Requalification will requ ire successful completion of 3 job -related college semester units; or 3 required 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 equiva lent to 12 training hours, during each two -year period. Certification by the 7 Packet Pg. 37
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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 completed 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 wil l 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.”
• Section 18.3 In-Service Training Incentive Program
o Language has been updated to memorialize a prior agreement between the parties to provide for Tuition Reimbursement of $3,000 per member per fiscal year.
City of Campbell’s Salary Plan:
If the City Council approves and ratifies the successor MOU betwe en the City and the CPOA, an update to the City of Campbell ’s Salary Plan is necessary. This updated Salary Plan (Attachment D) will ensure the salary range for each CPOA member’s classification covered by the terms of the successor MOU allows for the inc reases provided for in the terms of the MOU.
FISCAL IMPACT
The ongoing net cost of the proposed package will be approximately $3,333,600 for the three-year term. The FY 2023 budget adopted by the City Council on June 21, 2022, is expected to cover an ov erwhelming majority of the costs associated with the attached agreement for CPOA for year 1 and if necessary, costs for the CPOA successor MOU will be added to the comprehensive list of mid-year adjustments to be considered by the City Council. Years two and three of the successor MOU will be programmed into future budgets. The table below represents the total annual breakdown cost to the City for salary and benefits for the three-year term.
Year 1 FY 2023 $201,920
Year 2 FY 2024 $630,340
Year 3 FY 2025 $1,106,920
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Approval of MOU with CPOA Page 5 of 5
FY 2026 * $1,394,420
Totals: $3,333,600
*Represents final half (1/2) year of contract which carries into FY 2026 and ends December 31, 2025.
ALTERNATIVES
1. Do not approve the attached resolution.
2. Provide other direction to staff.
Prepared by:
Jenny Le, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution-2022 CPOA MOU
b. CPOA MOU 2022
c. City of Campbell Rules and Regulations 2022_CPOAUpdates d. City of Campbell Salary Schedule CPOA
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RESOLUTION NO. _____
A RESOLUTION APPROVING AND RATIFYING A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CAMPBELL AND THE CAMPBELL PEACE OFFICERS’ ASSOCIATION; APPROVING UPDATES TO THE CITY OF CAMPBELL PERSONNEL RULES AND REGULATIONS; AND APPROVING UPDATES TO THE CITY OF CAMPBELL’S SALARY PLAN
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 Council for its approval; and
WHEREAS, the Campbe ll Peace Officers’ Association is a recognized employee organization representing the following cla ssifications of Police Officer, Poli ce Agent, and Police Sergeant; and
WHEREAS, the City of Camp bell’s negotiation team represents the interest of the City Council; and
WHEREAS, the City of Cam pbell’s negotiation team and the Campbell Peace Officers' Association have reached a tentative agreement on the terms of a successor Memorandum of Understanding; and
WHEREAS, the C ity of Campbell ’s negotiation team an d the Ca mpbell Peace Officers ’ Association have reached a tentative agreement on additional terms reflected in the City of Campbell Personnel Rules and Regulations; and
WHEREAS, the successor Memorandum of Understanding , the updated City of Campbell Personnel Ru les and Regulations , and the updated City of Campbell Salary Plan have been presented to the City Council for consideration and ratification and are each attached hereto and made a part hereof; and
WHEREAS, the Cit y of Campbell has satisf ied its ob ligation under Government Code Section 3500, et. seq., and the City of Campbell’s Employer-Employee Relations resolution 10016 to me et and confer over the te rms and conditions of employment contained in the recommended suc cessor Memorandum of Understanding and the updated City of Campbell Personnel Rules and Regulations with the Campbell Peace Officers’ Association; and
WHEREAS, the successor Memorandum of Understanding for s alaries, benefits and working conditions has been approved and executed by the authorized representatives of the Campbell Peace Officers’ Association and City Council representatives; and
WHEREAS, the City Council of the City of Campbell desires to ra tify and adopt the provisions included in the successor Memorandum of Understa nding, the updated City of Campbell Personnel Rules and Regulations and the updated City of Campbell Salary Plan.
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Attachment: Resolution-2022 CPOA MOU (Approval of MOU with CPOA) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the successor Memorandum of Understanding and does hereby approve the updated City of Campbell Personnel Rules and Regulations and the updated City of Campbell Salary Plan, each attached hereto and made a part hereof.
BE IT FUTHER RESOLVED that the terms and conditions of the successor Memorandum of Understanding shall be in fu ll force and effect from the first full pay period in Jan uary 2023 through December 31 , 2025, except as specified otherwise in the successor Memorandum of Understanding or the updated City of Campbell Personn el Rul es and Regulations; and
BE IT FUTHER RESOLVED that it is not the int ent of this Ci ty Council in approving the successor Memorandum of Understanding to change, modify, or repeal in any way any of the provisions of the City of Campbell Personnel Ru les and R egulations not otherwise amended as a result of this resolution; and
FINALLY, BE I T FURTHER RESO LVED that the City Appoint ing Power and the Human Resources Manager have the aut hority to take any necessary administrati ve a ctions to implement the provisions of this resolution.
PASSED AND ADOPTED this 20th day of December 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-2022 CPOA MOU (Approval of MOU with CPOA)
MEMORANDUM OF UNDERSTANDING ON
WAGES, EMPLOYEE BENEFITS, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Campbell Peace Officers’ Association (CPOA)
PARTIES TO UNDERSTANDING
This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as “City”, and the authorized representatives of Campbell Peace Officers’ Association , hereinafter referred to as “CPOA”.
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State in tha t the employer-employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation.
This Memorandum of Understanding also complies with Resolution 10016, relating to employer-employee relations, as adopted and amended by the City Council of the City of Campbell.
I. GENERAL CONDITIONS
A. Personnel Rules and Regulations
Unless otherwise agreed to by the parties , this Memorandum of Understanding does not modify or change the provisions o f the City of Campbell Personnel Rules and Regulations , hereinafter referred to as “Rules and Regulations ”. Because additional terms and conditio ns of employment are set forth in the Rules and Regulations, a copy (dated August 12, 2022, and subsequently amended by agreement of the parties , with amendments shown in red) is attached hereto for ease of reference. The parties to this Memorandum of Und erstanding agree that per the Meyers Milias Bro wn Act, any further changes to the attached Rules and Regulations during the term of this MOU which affect the terms and conditions of employment require the parties to meet and confer.
B. Terms of Understanding
This Memorandum of Understanding embodies all modificatio ns on salaries, hours, employee benefits, and other t erms and conditions of employment, for a 36-month term beginning January 1, 2023 and ending December 31, 2025.
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
C. Existing Benefits Continued
This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contain ed in the currently adop ted Pay and Classification Plan, except as noted herei n. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding.
D. Represented Classifications
CPOA is re cognized by the City as the authorized representative of the following classifications:
• Police Officer
• Police Agent
• Police Sergeant
Any speci al compensation adjustment for the benchmark classification of Police Sergeant will also be provided to classification of Police Agent.
II. COMPENSATION ADJUSTMENTS
A. Effective the first full pay period in January 2023, the salaries of all classifications represented by CPOA shall be increased by four percent (4%).
B. Effective the first full pay period in January 2024, the salarie s of all classifications represented by CPOA shall be increased by three percent (3%).
C. Effective the first full pay period in January 2025, the salarie s of all classifications represented by CPOA shall be increased by two percent (2%).
D. For Year 3 of this Memorandum of Understanding , a special adjustment will be provided, based o n co mpletion of a T otal Compensation an alysis for all CPOA benchmark classifications. It will be calculated as follows: City will prepare a Total Compensation analysis for all C POA benchmark classifications, using the established benchmark agencies and compensation components. City will calculate a special adjustment to the salaries of all classification s that would bring all C POA classifications’ Total Compensation to one half percent (1 /2%) ab ove the fifth position agency. The special adjustment shall be effective the first full pay period in January 2025.
The compensation componen ts to be used for the Total Compensation analysis shall be as follows: Salary Min , Salary Max, Dental, Lif e, Vision, Medical, LTD, Uniform Allowance, MCARE, and Holiday Pay.
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
The survey agencies for CPOA are identified below:
Survey Agencies
Gilroy Palo Alto
San Jose Santa Clara
Santa Clara County Los Altos
Los Gatos Milpitas
Morgan Hill Mountain View
III. HEALTH & WELFARE BENEFIT PROGRAMS
A. Medical Insurance / Cafeteria Plan Allowance
1. Medical Insurance
The City’s maximum monthly contribution for each CPOA member for the purchase of medical insurance will be equal to the minimum monthly employer c ontribution required under the Public Employees Medical and Ho spital Care Act (PEMHCA).
The City’s contribution will come out of the amount the City currently contributes t o employees as part of the Cafeteri a Plan Allowance, provided below. The cost of the City’s participation in CalPERS will not require the City t o expend additio nal funds to ward heal th insurance beyond what is already provided through the Cafeteria Plan Al lowance. Any cost increase to the minimum monthly employer contribution required under PEMCHA will be borne by employees.
2. Cafeteria Plan Allowance
CPOA members electing medical coverage in the City’s plans will receive a health flex allowance and shall purchase such coverage through the City’s Cafeteria Plan.
Effective January 1, 2023, the monthly Cafeteria Plan Allowance will 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 Cafeteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates for 2024 at the employee’s selected level of coverage unless the rate increase from plan year 2023 exceeds eight percent (8%).
If the year-over-year rate increase exceeds 8%, the City’s Cafeteria Plan Allowance shall be eight percent (8%) higher than the 2023 rates. Employees who select a
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
plan with rates higher than the City’s Allowance will be required to make up the difference through salary redirection.
Effective January 1, 2025, the monthly Cafeteria Plan Allowance will be set at the Kaiser Permanente Region 1 rates for 2025 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 contribution, the City’s Cafeteria Plan Allowance shall be eight percent (8%) higher than the 2024 contribution. Employees who select a plan with rates higher than the City’s Allowance will be required to make up the difference through salary redirection.
Employees who elect a medical insurance plan with a lower monthly premium than the amount of the City’s medical contribution m ay apply their u nused contribution amount toward other benefit options that are available under the Cafeteria Plan, such as flexible spending accounts for out-of-pocket medical expenses an d dependent care, accident insurance, cancer insurance, heart and st roke insurance, long term care insurance and life insurance benefits.
Employees who do n ot spend all their Cafeteria Plan Allowance on Cafeteria Plan benefits will not receive any cash benefit.
3. Conditional Opt-Out
Employees who at initial enrollment , or during the annual open e nrollment period, complete an affidavit and provide proof of ot her minimum essential coverage for themselves under an exchange/marketplace or an individual plan will be allowed to waive medical coverage for themselves and their qua lified dependents (tax family).
The monthly conditional opt-out incentive is $750.
The conditional opt-out incentive shall be paid in cash (taxable i ncome) to the employee. The employee must notify the City within thirty (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 enrolled in other minimum essential coverage.
B. Benefit Cost Adjustments
1. The City will be responsi ble for the CalPERS emplo yer contribution rate for the term of this Memorandum of Understanding.
2. The City will provide for any increase per month for the current dental coverage, including an annual maxi mum per patient benefit of $1 ,500, and ortho dontia coverage with a $2,500 per p atient lifetime for the term of this Memorandum of Understanding.
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
3. The City will provide for any increase per month for life insurance for the term of this Memorandum of Understanding.
4. The City will provide for any increase per m onth for the Employee Assistance Program for the term of this Memorandum of Understanding.
5. The City wi ll provide for any increase per month for Vision Service Plan (VSP) coverage for the term of this Memorandum of Understanding.
C. Uniform Allowance
The City will provide a uniform allow ance for all CPOA represented employees in the amount of $1100 per year. Paym ent will be made one time each fiscal year (in July).
D. Tuition Reimbursement
City will continue the tuition reimbursement program as specified in the Rules and Regulations, Section 18.3.
E. Voluntary Employees’ Beneficiary Association (VEBA)
During a CPOA member’s active employment with the City, the City will contribute $170 per pay period to that CPOA member’s VEBA account.
F. Deferred Compensation
For the term of this Memorandum of Understanding, the City will contribute $20 per pay period t owards a CalPERS 457 Plan (Section 457) account for each member who maintains a Section 457 account and matches the City contribution by making their own cont ribution of $20 per pay p eriod to the same account. The member’s match of $20 must be above and beyond any already existing member contribution to the ir Section 457 account unless it would result in the member’s account exceeding Section 457 annual contribution limits.
IV. SPECIALITY PAY / INCENTIVE PROGRAMS
Specialty Pay and Incentive Program s pay are subject to C alPERS statutes and regulations.
A. Specialty Pay
The maximum additional specialty pay compensation any CPOA member may receive under this section shall b e no more than five percent (5%) of the CPOA member’s base pay.
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
1. Canine Pay
Members assigned to the Canine Handler position will receive 5% above their base pay rate during their assignment as a Canine Handler. The Canine Handler position does not include CPOA members handling or caring for an e motional support / therapy canine.
a. Release Time: Members assigned as Canine Handlers shall receive seven (7) hours per biweekly pay period of release time. This represents one half hour per day (3.5 hours per week) for time spent caring for the canine outside of normal work hours. The City and the CPOA have considered the time that canine handlers typically spend on off-duty canine care and have determined one half hour per day (3.5 hours a week) is reasonable. Every effort will be made to allow the Canine Handler to flex this time with regular hours. When circumstances do not allow for these hours to be flexed, and with supervisor approval, the Canine Handler will be compensated for the 3.5 hours per week of release time at the rate of one and one-half times the State of California minimum wage rate.
2. Motorcycle Patrol Pay
Any member assigned to the Traffic Unit as a Motor Officer will receive 5% above their base pay rate during this assignment.
B. Incentive Programs
1. Retention Pay
Effective the first full pay period in January 2023, employees covered by this MOU shall be entitled to retention pay as follows:
a. For five (5) years of continuous service with the Police Department, a one- time payment of 4% of annual base pay in the pay period following the employee’s five-year anniversary date, as long as the employee’s two (2) most recent annual performance evaluations were satisfactory or better.
b. For ten (10) years of continuous service with the Police Department, a one- time payment of 8% of annual base pay in the pay period following the employee’s ten-year anniversary date, as long as the employee’s two (2) most recent annual performance evaluations were satisfactory or better.
c. For fifteen (15) years of continuous service with the Police Department, a one-time payment of 10% of annual base pay in the pay period following the employee’s fifteen-year anniversary date, as long as the employee’s two (2) most recent annual performance evaluations were satisfactory or better.
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
d. For twenty (20) years of continuous service with the Police Department, a one-time payment of 12% of annual base pay in the pay period following the employee’s twenty-year anniversary date, as long as the employee’s two (2) most recent annual performance evaluations were satisfactory or better.
The parties agree that Retention Pay is not special compensation per Title 2 of the California Code of Regulations, sections 571 and 571.1.
2. Bilingual Pay
The City will provide Bilingual Pay as set forth in the Rules and Regulations.
3. Crisis Intervention Training Pay
a. Effective January 1, 2024, members who have successfully completed the Crisis Intervention Training (CIT) program will receive an increase in their salary as follows:
i. One percent (1%) of their base pay effective the first full pay period in January 2024; and
ii. An additional one percent (1%) of their base pay effective the first full pay period in January 2025.
b. To be eligible for the CIT pay, an employee must have achieved one of the following:
i. California POST Crisis Intervention Training (Basic) Certification;
ii. California POST Hostage (Crisis) Negotiation Training (Basic Certification); or
iii. 24 hours of accumulated training as approved by the Department Head / appointed authority, including but not limited to courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, nonuse of force interactions with the community.
V. RETIREE AWARD PROGRAM
The C ity’s retiree medi cal reimbursement pro gram will contain the f ollowing eli gibility requirements and benefits:
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
CPOA MOU
January 1, 2023—December 31, 2025
• Must be hired on or b efore December 31, 2019 (employees hired o n or after January 1, 2020 will not be eligible for the Retiree Award Program). • Minimum retirement age of 50 and retired from the City of Campbell. • Bills must be subm itted to the Cit y in J anuary and July of e ach ye ar fo r reimbursement for the prior six months’ costs.
• Payment for medical insurance coverage for the retiree only (not dependents) on a reimbursement basis as follows:
o Employees who have completed 17 years of service with the City of Campbell or receive an industrial disability retirement after July 1, 1999, will be reimbursed a maximum of $325 per month.
VI. RETROACTIVITY
All proposals will be effective as indicated if agreement is reached by December 31, 2022.
EXECUTED THIS _ ________ DAY OF ____________ 20 22, BY THE EMPLOYER -
EMPLOYEE R EPRESENTATIVES, WHOSE SIGN ATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION.
CITY REPRESENTATIVES: CPOA REPRESENTATIVES:
_________________________________ ____________________________ Brian Loventhal, Matt Ryan,
City Manager CPOA President
_________________________________ ____________________________ Angelique Gaeta, Lee Heitzman,
Assistant City Manager CPOA Vice-President
_________________________________ ____________________________ Jenny Le-Christensen, Darrick Hong,
Human Resources Manager CPOA Secretary / Treasurer
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Attachment: CPOA MOU 2022 (Approval of MOU with CPOA)
PERSONNEL RULES AND REGULATIONS
City of Campbell
Amended 8.12.2022
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Attachment: City of Campbell Rules and Regulations 2022_CPOAUpdates (Approval of MOU with CPOA)
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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Attachment: City of Campbell Rules and Regulations 2022_CPOAUpdates (Approval of MOU with CPOA)
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 authorized 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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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 change, 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 anti cipated 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, Assistant City Manager, Public Works Director, Police Chief, Community Development Director, Finance Director, Recreation and Community Services Director, and Ad ministrative Services Director.
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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 the 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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5 SECTION 3.0 CLASSIFICATION PLAN
3.1 Preparation of Plan
The Personnel Officer, or a person or agency employed for that purpose, shall ascertain 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 class es 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 character of work are inclu ded 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 shall be adopted and may b e 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 interested party and shall be subm itted 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 new position is created, b efore 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 classification plan shall have b een 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 be 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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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 recommended 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 pos itions, 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, diffic ulty, 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 with compensatio n 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 governmental 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 will 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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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 competent personnel at e ach 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 manage ment 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 salaried assistant or divisi on 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 parties, 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 shall 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. Revisions 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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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 mann er 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 any application which indicates on i ts 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 addicted 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 Councilmembers 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 de trimental to the conduct of City business, or where such relationships may result in conflicts of interest.
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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 possible 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 employment 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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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 persons examined to execute the duties and responsibilities o f 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 extension 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 conduc ted 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 selection 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 City 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 arrange 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 on e 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, at 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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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 qualified 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 shall remain in effect for one year after the last administration of such examin ation 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 competiti ve 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 requests 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 specified 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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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 employment 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 employment 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 consideration 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 positi ons. 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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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 list, the appointing power may fill the vacancy from the reinstatement or open compe titive 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 investigation, 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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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 app ointments 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 probationary 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 Specialis ts, 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 probationer 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 unsatisfactory, 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 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 unsatisfactory, the employee shall be rejected 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 consecutive 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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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 re jected during the probationary period following a promotional appointment, or at the conclusion of the probationary period, by reason of failure of the appointing power to file a statement that his/her services have been satisfactory, shall be reinstated t o 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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16 SECTION 10.0 PERFORMANCE EVALUATIONS
10.1 Evaluation of Employee Performance
It is the responsibility of department 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 and improvement. Such service rating plans shall measure, as objectively as possible, both quan tity 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 they 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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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 shall 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 intervals. 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 other 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 qualifying 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, transfer, 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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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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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 department 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 accomplished 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 certi fication 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 qualifications. 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 without pay shall not exceed 30 calendar days, nor shall any employee be penalized by suspension f or 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 appointing 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 reduction 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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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 Personne l 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 cognizant 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 employees as to what may constitute the proper basis for disciplinary action. Just cause f or 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 ap proved operational or safety guidelines including:
unauthorized use of time, equipment or material; unauthorized use of City property, funds, and records.
C. Being under 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 reflects negatively on the City.
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21 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 perm itted by the City Manager 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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22 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 classification, 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 ap plication 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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23 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 services 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 withi n 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 f or 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 filed 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 shal l 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 notification 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 pr ovide 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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24 SECTION 14.0 REPORTS AND RECORDS
14.1 Roster Cards
The Personnel Officer shall maintain a service or roster card for ea ch 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 the 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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25 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 coope rate 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 under 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 City 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. Employees w ho 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 employee 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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26 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 credits 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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27 16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours The times during 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 an employee ca nnot 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 funds by the C ity 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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28 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 probationary, 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 disability. 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 department 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 immed iate family. 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 depende nt 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 gran ted five (5) days (40 hours) for each immediate family occurrence and three (3) days (24 hours) for each other family occurrence.
Immediate family shall be defined as spouse, children, parents, brothers and sisters, or other individuals
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29 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 hours above the minimum balance will remove the remaining balance from the employee’s Sick Leave accrual account. (Example: E mployee has 488 hours of Sick Leave and 16 years of service. Employee could request compensation for 200 hours of Sick Leave and would 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 provide 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 car ry over a maximum of 60 hours of administrative leave. Terminating management employees will be compensated for the balance of their 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
Police Chief
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30 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 mili tary regulations, to determine when such leave shall be taken.
16.15 Leave of Absence without Pay
The Personnel Officer may grant 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 than 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 Absenc e provisions outlined above, the City of Campbell will provide leaves of absence and comply with related leave provisions as mandated 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 t o duty immediately upon notification by the City Manager or department head. (See Resolution 3714.)
16.17 Maternity Leave
Maternity leave will be considered within the policy outlined in 16.15, Leave of Absence without Pay, and in
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31 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 s pecial compensation which may be paid will be retained by the employee. Fees paid for jury duty service on an employee's scheduled day off 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 o r 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 submitted to the Finance Department in accordance with established payroll procedures.
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32 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 t he 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 chec ks, 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 empl oyee in excess of normal weekly hours as prescribed in 16.19. Except in emergency situations as authorized by the 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 be 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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33 Public Works non -management maintenance personnel: 3 hours paid @ time and one -half OR 4-1/2 hours compensatory time. In addition, 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 request 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 the se rules. All authorized paid leave time taken shall be credited as part of the basic workweek except that hours not worked, at the employee'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 s hall 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 ea rned 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 to the Finance Department.
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34 B. The maximum accumulation of compensatory time is as follows:
1. For employees represented by CPOA, compensatory time shall not be allowed to accumulate in excess of 240 hours.
2. For employees represented by CPCEA, compensatory time shall not be allowed 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, compensatory time shall not be allowed to accumulate in excess of 125 hours.
5. For employees represented by CARP, compensatory time shall not be allowed 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 i n 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, accr ued 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 poli cy (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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35 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 (“Motor Officers”) are eligible for motorcycle assignment pay at a rate of 5% of their base pay during their assignment as a Motor Officer.
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 when the officer is on duty, a nd 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. Circumstances 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 differential 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 be 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 qualifying for this incentive p ay, 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 in centive 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 required semester units toward c ompletion 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 completed 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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36 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 his/h er 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 be 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 portion 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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37 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 completed 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 Specialist 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 employee 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 p er occurrence must be spent in these activities to be eligible for Trainer Pay.
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39 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 months 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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40 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 work 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 w ill be provided for assignments of four (4) or more hours. Written authorization to 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 Works
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41 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 rela ted illness or injury occurring after July 1, 1984 the City will limit the employee'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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42 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 assignments 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, fol lowing 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 request 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 med ical 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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43 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 terminati on, promotion, 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 posi tion. 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 h ave 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 exhaust ion 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 Vacation 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 their normal shift. Employees working such a shift
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44 extension shall schedule their meal breaks in a m anner 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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45 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, assignment 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 required books to a maximum of $3000 per fiscal year for accredited college courses for members of CPOA, CMEA, CONF and MGMT units. 100 percent reimbursement for tuition and required books to a maximum of $2000 per fiscal year for accredited college courses for members of CPOA and MILL unitsCARP. 100 percent reimbursement for tuition and required books to a maximum of $1500 per fiscal year for 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 tuition reimbursement for examination fees and related review course fees if pursuing certain 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 li mits outlined in 18.3A above, the cost of books and materials will
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46 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 seminars, workshops or meetings of in -state conferences when such affairs are related to a departmental function o r 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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47 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 organizations' 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 Relations Officer, be granted the use of City facilities during non -working hours for meetings of City employee s 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 equipment, 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 organizati ons 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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48 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 payroll 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 payroll 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 involve d, including the amounts withheld. The City shall be notified of the proper payee indicating the individual and address to whom check is to 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 to perform the essential functions of the job.
A. Because the Americans with Disabilities Act (ADA) requires accommodati ons for individuals protected under the Act, and because these accommodations must be determined on an individual case by case basis, specific provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for th e 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 organizat ions 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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49 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 with in the scope of representation excluding, however, any provision that specifically provides that the decision of the City Manager or other City 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 working days of the occurrence of the act which is the basi s 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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50 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 represents the position occupied by the griev ant 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 grieva nce 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 above 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 Manager 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 Manager, 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 and Conciliation Service, or an individ ual acceptable to the Municipal Employee Relations Officer and the grievant. An individual, other than a State
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51 representative, chosen by the parties shall be knowledgeable in public sector relations and may be chosen from any source reasonably likely to p roduce 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 from the conclusion of the hearing. Th e 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 d etermined 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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52 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 the 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 P ersonnel 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 be made a part of the record of the proceedin gs 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 un able 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 documentary 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 shall 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 to 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 recommendations in writing to the appellant and t o 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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53 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 resp onsible 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 City is subpoenaed for civil trials related to the performa nce 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 parti ally 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 character and not degrading t o 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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54 B Outside work must not leave the employee tired or subject to injury on his regular job.
C. Outside employment must be such that no problem ar ises 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 readily 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 s upervisor 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 established 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' Compen sation 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 employment 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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55 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 must 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 Employment 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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56 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 immediate 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 would 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 vehic les 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 drive 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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57 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 basis 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 Campbell, 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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58 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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59 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 those 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 calend ar year means the last day of the pay period that contains December 31st. 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 prior 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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i
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 .............................................................................. 2122
13.1 Discharge ............................................................................................................................. 2122
13.2 Discharge--Unclassified Management Personnel ............................................................... 2122
13.3 Reduction in Force .............................................................................................................. 2122
13.4 Resignation ......................................................................................................................... 2324
13.5 Separation Date .................................................................................................................. 2324 SECTION 14.0 REPORTS AND RECORDS ............................................................................................ 2425
14.1 Roster Cards ........................................................................................................................ 2425
14.2 Change of Status Reports.................................................................................................... 2425
14.3 Destruction of Records ....................................................................................................... 2425 SECTION 15.0 COOPERATION ............................................................................................................ 2526
15.1 Cooperation of Municipal Officers and Employees ............................................................ 2526
15.2 Applications of Rules ........................................................................................................... 2526
15.3 Gifts and Payments ............................................................................................................. 2526
15.4 Directives ............................................................................................................................ 2526
15.5 Financial Affairs ................................................................................................................... 2526
15.6 Notification of Address ....................................................................................................... 2526
15.7 Official Personnel Files ........................................................................................................ 2526
15.8 Substance Abuse ................................................................................................................. 2526 PART III – TOTAL COMPENSATION ............................................................................................... 2627 SECTION 16.0 ATTENDANCE AND LEAVES ........................................................................................ 2627
16.1 Purpose of Annual Vacation Leave ..................................................................................... 2627
16.2 Vacation Accrual Rates ....................................................................................................... 2627
16.3 Use of Vacation ................................................................................................................... 2627
16.4 Vacation Scheduling, Retention of Unused Vacation, and Payout of Vacation Hours ....... 2728
16.5 Vacation Pay on Separation ................................................................................................. 2829
16.6 Sick Leave Accrual Rate - 40-Hour Week ............................................................................ 2829
16.7 Use of Sick Leave .................................................................................................................. 2829
16.8 Use of Family Sick Leave ..................................................................................................... 2829
16.9 Bereavement Leave ............................................................................................................. 2829
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16.10 Computing Sick Leave ....................................................................................................... 2930
16.11 Compensation for Unused Sick Leave .............................................................................. 2930
16.12 Administrative Leave--Management Employees Only ..................................................... 2930
16.13 Injury Leave ....................................................................................................................... 3031
16.14 Military Leave .................................................................................................................... 3031
16.15 Leave of Absence without Pay .......................................................................................... 3031
16.16 Special Leave of Absence .................................................................................................. 3031
16.17 Maternity Leave ................................................................................................................ 3032
16.18 Jury Duty ........................................................................................................................... 3132
16.19 Hours of Work ................................................................................................................... 3132
16.20 Timecards .......................................................................................................................... 3132
16.22 Overtime ........................................................................................................................... 3233
16.23 Compensatory Time .......................................................................................................... 3334
16.24 Unauthorized Leave .......................................................................................................... 3435
16.25 Salary Deduction--Employees Exempt from FLSA Overtime Provisions ........................... 3435 SECTION 17.0 SPECIAL PROVISIONS FOR SPECIFIC CLASSIFICATIONS ............................................ 3536
17.1 Motorcycle Assignment Pay ............................................................................................... 3536
17.2 Replacement of City-Issued Equipment--Non-management Police Department Safety Personnel ......................................................................................................................... 3536
17.3 Working Out-of-Class Pay--Non-management Police Department Safety Personnel........ 3536
17.4 POST/Educational Incentive Pay--Police Department Non-Management Public Safety Personnel ......................................................................................................................... 3536
17.5 Emergency Transfer of Sick Leave--Employees Represented by Campbell Peace Officers Association ....................................................................................................................... 3637
17.6 Meal Allowance--Employees Represented by Campbell Peace Officers Association ........ 3637
17.7 Detective On-Call Pay.......................................................................................................... 3637
17.8 Bilingual Pay ........................................................................................................................ 3738
17.9 Vacation Buy Back ..................................................................................................................... 3
17.10 Meal Allowance--CPCEA Represented Employees ........................................................... 3738
17.11 Working Out-of-Class Pay--CPCEA Represented Employees ............................................ 3738
17.12 Trainer Pay--Police Records Specialists and Public Safety Dispatchers ............................ 3738
17.13 Catastrophic Illness/Emergency Transfer of Sick Leave-- CPCEA ...................................... 3940
17.14 Bilingual Pay ...................................................................................................................... 3940
17.15 Reserved ........................................................................................................................... 4041
17.16 Split Shift Differential ........................................................................................................ 4041
17.17 Working Out-of-Class Pay--Public Works Maintenance Division Non-management Personnel ......................................................................................................................... 4041
17.18 Workers' Compensation Benefits--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel......................................................................................... 4142
17.19 Standby Pay--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel ......................................................................................................................... 4142
17.20 Meal Allowance--Public Works Maintenance Division Non-management Personnel ..... 4243 l7.21 Class B Driver's License--Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel ................................................................................................ 4243
17.22 Bilingual Pay – Public Works Non-management Maintenance, Mechanic and Traffic/Lighting Personnel ................................................................................................ 4243
17.23; 17.24 Reserved ................................................................................................................ 4243
17.25 Working Out-of-Class Pay--Confidential Employees and Employees Represented by Campbell Municipal Employees Association ................................................................... 4344
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Attachment: City of Campbell Rules and Regulations 2022_CPOAUpdates (Approval of MOU with CPOA)
iv
17.26 Bilingual Pay for Employees Represented by Campbell Municipal Employees Association ......................................................................................................................................... 4344
17.27 Catastrophic Illness/Emergency Transfer of Sick Leave or Vacation – Confidential Employees, Employees Represented by Campbell Municipal Employees Association and Management Employees ................................................................................................. 4344
17.28 Meal Allowance - Employees Represented by Campbell Municipal Employees Association ......................................................................................................................................... 4344
SECTION 18.0 TRAINING OF EMPLOYEES .......................................................................................... 4546
18.1 Responsibility for Training .................................................................................................. 4546
18.2 Credit for Training ............................................................................................................... 4546
18.3 In-Service Training Incentive Program ................................................................................ 4546 PART IV - EMPLOYER-EMPLOYEE RELATIONS ............................................................................... 4748 SECTION 19.0 CITY EMPLOYEE ORGANIZATIONS ............................................................................. 4748
19.1 Employee Rights .................................................................................................................. 4748
19.2 Meetings and Employee Organization Activities ................................................................ 4748
19.3 Use of City Facilities ............................................................................................................ 4748
19.4 Use of City Equipment ........................................................................................................ 4748
19.5 Use of Bulletin Boards ......................................................................................................... 4748
19.6 Payroll Deductions - Employee Organizations .................................................................... 4849
19.7 General Provision Regarding Americans with Disabilities Act ............................................ 4849 SECTION 20.0 GRIEVANCE PROCEDURES ......................................................................................... 4950
20.1 Purpose of Rules ................................................................................................................. 4950
20.2 Definition, Scope and Right to File...................................................................................... 4950
20.3 Grievance Steps .................................................................................................................. 4950
20.4 General Conditions for All Grievances ................................................................................ 5152 SECTION 21.0 RULES OF APPEAL TO CITY COUNCIL - DISMISSALS .................................................... 5253
21.1 Right of Appeal .................................................................................................................... 5253
21.2 Method of Appeal ............................................................................................................... 5253
21.3 Notice .................................................................................................................................. 5253
21.4 Investigation........................................................................................................................ 5253
21.5 Hearings .............................................................................................................................. 5253
21.6 Findings and Recommendations ......................................................................................... 5253 PART V - MISCELLANEOUS ........................................................................................................... 5354 SECTION 22.0 EMERGENCY PREPAREDNESS .................................................................................... 5354
22.1 Emergency Preparedness ................................................................................................... 5354 SECTION 23.0 COURT APPEARANCES ............................................................................................... 5354
23.1 Employees - Civil Trials ........................................................................................................ 5354 SECTION 24.0 OUTSIDE EMPLOYMENT ............................................................................................ 5354
24.1 Outside Employment - Non-management Personnel ........................................................ 5354
24.2 Application for Permit to Engage in Outside Employment................................................. 5455
24.3 Maximum Hours Permitted in Outside Employment ......................................................... 5455
24.4 Injuries Resulting from Outside Employment ..................................................................... 5455
24.5 Outside Employment and Sick Leave .................................................................................. 5455
24.6 Outside Employment--Management Personnel ................................................................. 5455 SECTION 25.0 REIMBURSEMENT FOR DAMAGE TO CLOTHING AND PERSONAL EFFECTS................ 5657
25.1 Reimbursement Policy ........................................................................................................ 5657
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Attachment: City of Campbell Rules and Regulations 2022_CPOAUpdates (Approval of MOU with CPOA)
v
SECTION 26.0 CITY VEHICLES AND DRIVERS ..................................................................................... 5657
26.1 Use of City Vehicles and Equipment ................................................................................... 5657
26.2 Employee Driving Habits ..................................................................................................... 5657
26.3 Motor Vehicle License......................................................................................................... 5657
26.4 California Vehicle Code Restrictions ................................................................................... 5657
26.5 Pool Cars ............................................................................................................................. 5758
26.6 Use of Personal Vehicle for City Business ........................................................................... 5758
26.7 City Vehicles and Employees on Standby Basis .................................................................. 5758
26.8 Procedure for Accidents ..................................................................................................... 5758
26.9 Service of City Vehicles ....................................................................................................... 5758
26.10 Mileage for Evening Meetings .......................................................................................... 5758
26.11 Mileage for Out-of-Town Meetings .................................................................................. 5758
26.12 Mileage for Employee's Car on City Business ................................................................... 5859
26.13 Seat Belts .......................................................................................................................... 5859 ADDENDUM "A" ......................................................................................................................... 5960 I. FLOATING HOLIDAY ENTITLEMENT BY REPRESENTATIVE EMPLOYEE GROUP ............................... 5960 Campbell Municipal Employees Association ............................................................................... 5960 Campbell Police Civilian Employees Association ......................................................................... 5960 Northern California Carpenters Regional Council ...............................Error! Bookmark not defined.
Management Employees ............................................................................................................. 5960 Confidential Employees ............................................................................................................... 5960 II. FLOATING HOLIDAY USAGE RULES AND EXCEPTIONS .................................................................. 5960
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Attachment: City of Campbell Rules and Regulations 2022_CPOAUpdates (Approval of MOU with CPOA) Effective: 1/9/2023
CLASS CD JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
6165 POLICE AGENT CPO02 CPOA Hourly 64.77 67.97 71.39 74.95 78.71 Bi-Weekly 5,181.60 5,437.60 5,711.20 5,996.00 6,296.80 Monthly 11,226.80 11,781.47 12,374.27 12,991.33 13,643.07 Annual 134,721.60 141,377.60 148,491.20 155,896.00 163,716.80 6215 POLICE OFCR CPO04 CPOA Hourly 60.29 63.28 66.44 69.77 73.25 Bi-Weekly 4,823.20 5,062.40 5,315.20 5,581.60 5,860.00 Monthly 10,450.27 10,968.53 11,516.27 12,093.47 12,696.67 Annual 125,403.20 131,622.40 138,195.20 145,121.60 152,360.00 6214 POLICE OFCR TRN CPO03 CPOA Hourly 54.27 - - - - Bi-Weekly 4,341.60 - - - -
Monthly 9,406.80 - - - -
Annual 112,881.60 - - - -
6120 POLICE SGT CPO01 CPOA Hourly 72.02 75.66 79.40 83.35 87.54 Bi-Weekly 5,761.60 6,052.80 6,352.00 6,668.00 7,003.20 Monthly 12,483.47 13,114.40 13,762.67 14,447.33 15,173.60 Annual 149,801.60 157,372.80 165,152.00 173,368.00 182,083.20
CITY OF CAMPBELL
POSITION CLASSIFICATION - CPOA
FY 22/23 - SALARY SCHEDULE
STEP RANGES
Range
[Page]1
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Attachment: City of Campbell Salary Schedule CPOA (Approval of MOU with CPOA) City
Council
Report
TITLE: Declaring the Canvass of Returns and Results of the General Municipal Election Held on November 8, 2022 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution declaring the canvass of returns and result of the General Municipal Election, and direct the City Clerk to administer the Oaths of Office.
DISCUSSION
A General Municipal Election was held on November 8, 20 22 to elect one City Councilmember for District 3, one City Councilmember for District 4 and one City Councilmember for District 5. Attached is the official canvass of the returns of said election as conducted by the Office of the Registrar of Voters in accordance wit h the appropriate provisions of the California Elections Code. The total ballots cast for District 3 was 2,958. The total ballots cast for District 4 was 3,015. The total ballots cast for District 5 was 3,256.
The total number of votes cast for all City Council candidates was 6,676. The result of said election is as follows:
DISTRICT 3
CANDIDATE (City Council) TOTAL VOTES
Dan Furtado 2,198
DISTRICT 4
CANDIDATE (City Council) TOTAL VOTES
Elliot Scozzola 2,136
DISTRICT 5
CANDIDATE (City Council) TOTAL VOTES
Anne Coyne Bybee 2,342
Item: 8
Category: NEW BUSINESS
Meeting Date: December 20, 2022
8 Packet Pg. 117
Declaring the Canvass of Returns and Results of the General Municipal Election Page 2 of 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Exhibit A
8 Packet Pg. 118
RESOLUTION NO. ________
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DECLARING CANVASS OF RETURNS AND RESULT OF
GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, the City Council of the City of Campbell duly called and held in said City , a General Municipal Election on the 8th day of November, 20 22 for the purpose of submitting to the qualified electors thereof the election of one City Councilmember for District 3, one City Councilmember for District 4 and one City Councilmember in District 5; and
WHEREAS, said General Municipal Election was held on Tuesday, November 8, 2022, and in accordance with the law, the votes were received and canvassed. Said returns were thereof ascertained and declared as required by law.
NOW, THEREFORE, BE IT RE SOLVED by the City Council of the City of Campbell as follows:
1. That the City Clerk of the City of Campbell is hereby instructed to enter this resolution on the minutes of the City Council as a statement of the resu lt of said election.
2. That the whole number of ballots cast in District 3 of said City at said General Municipal Election was 2,958.
3. That the whole number of ballots cast in District 4 of said City at said General Municipal Election was 3,015.
4. That the whole number of ballots cast in District 5 of said City at said General Municipal Election was 3,256.
5. That at said election the follow ing candidates for District 3, District 4 and District 5 were submitted to the electors of said City and that the number of votes given in said City for each of said candidates were as follows:
DISTRICT 3
CANDIDATE (City Council) TOTAL VOTES
Dan Furtado 2,198
DISTRICT 4
CANDIDATE (City Council) TOTAL VOTES
Elliot Scozzola 2,136
DISTRICT 5
CANDIDATE (City Council) TOTAL VOTES
Anne Coyne Bybee 2,342
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Attachment: Resolution (Declaring the Canvass of Returns and Results of the General Municipal Election)
6. That by said Resolution calling said General Municipal Election for said City of Campbell was divided into six (6) voting precincts for District 3, three (3) v oting precincts for District 4 and three (3) voting precincts for District 5 for the purpose of said election, and that the number of votes cast in each of said precincts for each district was as attached hereto and made a part hereof and marked "Exhibit A."
7. That all vote by m ail ballots have been duly received and canvassed in time for and in the manner required by law, and the result is outlined in "Exhibit A."
8. That the following candidates elected are:
DISTRICT 3 CITY COUNCIL (1 Seat)
Dan Furtado
DISTRICT 4 CITY COUNCIL (1 Seat)
Elliot Scozzola
DISTRICT 5 CITY COUNCIL (1 Seat)
Anne Coyne Bybee
6. That the terms of office shall be for a four (4) year term, expiring November 3, 2026.
PASSED AND ADOPTED this 20TH day of December, 20 22 by the following roll cal l vote:
AYES: Councilmembers:
NOES: Councilmembers:
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Declaring the Canvass of Returns and Results of the General Municipal Election)
8.b
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Attachment: Exhibit A (Declaring the Canvass of Returns and Results of the General Municipal Election) Registered
Voters
Voters Cast
DAN
FURTADO
0003802 Precinct 2657 118 78
0003802 Vote by Mail 2657 1561 1194
0003802 Total 2657 1679 1272
0003804 Precinct 434 13 8
0003804 Vote by Mail 434 261 196
0003804 Total 434 274 204
0003817 Precinct 760 34 22
0003817 Vote by Mail 760 402 283
0003817 Total 760 436 305
0003821 Precinct 902 26 19
0003821 Vote by Mail 902 463 341
0003821 Total 902 489 360
0003861 Precinct 71 2 2
0003861 Vote by Mail 71 27 23
0003861 Total 71 29 25
0003864 Precinct 135 8 5
0003864 Vote by Mail 135 43 27
0003864 Total 135 51 32
Total - Precinct 4959 201 134
Total - Vote by Mail 4959 2757 2064
Contest Total 4959 2958 219859.65 %
31.85 %
37.78 %
4.05 %
55.60 %
54.21 %
2.82 %
38.03 %
40.85 %
5.93 %
4.47 %
52.89 %
57.37 %
2.88 %
51.33 %
58.75 %
63.19 %
3.00 %
60.14 %
63.13 %
Santa Clara
Santa Clara 2022 General
1 City of Campbell, District 3 Council Member
Turnout (%)
4.44 %
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 71 of 123
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Attachment: Exhibit A (Declaring the Canvass of Returns and Results of the General Municipal Election) Registered
Voters
Voters Cast
ELLIOT
SCOZZOLA
0003811 Precinct 950 40 25
0003811 Vote by Mail 950 528 391
0003811 Total 950 568 416
0003812 Precinct 1818 58 40
0003812 Vote by Mail 1818 1056 729
0003812 Total 1818 1114 769
0003820 Precinct 2319 120 76
0003820 Vote by Mail 2319 1213 875
0003820 Total 2319 1333 951
Total - Precinct 5087 218 141
Total - Vote by Mail 5087 2797 1995
Contest Total 5087 3015 2136
54.98 %
59.27 %
5.17 %
52.31 %
57.48 %
4.29 %
55.58 %
59.79 %
3.19 %
58.09 %
61.28 %
Santa Clara
Santa Clara 2022 General
1 City of Campbell, District 4 Council Member
Turnout (%)
4.21 %
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 72 of 123
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Attachment: Exhibit A (Declaring the Canvass of Returns and Results of the General Municipal Election) Registered
Voters
Voters Cast
ANNE COYNE
BYBEE
0003814 Precinct 2948 134 83
0003814 Vote by Mail 2948 1688 1230
0003814 Total 2948 1822 1313
0003828 Precinct 2336 104 65
0003828 Vote by Mail 2336 1306 947
0003828 Total 2336 1410 1012
0003860 Precinct 31 3
0003860 Vote by Mail 31 21 17
0003860 Total 31 24 17
Total - Precinct 5315 241 148
Total - Vote by Mail 5315 3015 2194
Contest Total 5315 3256 2342
56.73 %
61.26 %
9.68 %
67.74 %
77.42 %
4.53 %
57.26 %
61.80 %
4.45 %
55.91 %
60.36 %
Santa Clara
Santa Clara 2022 General
1 City of Campbell, District 5 Council Member
Turnout (%)
4.55 %
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 73 of 123
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Attachment: Exhibit A (Declaring the Canvass of Returns and Results of the General Municipal Election) City
Council
Report
TITLE: City Council Reorganization
RECOMMENDED ACTION
That the Ci ty Council reorganize and ele ct a Mayo r and Vice Mayo r for the upcoming year.
DISCUSSION
A General Municipal Election was held on November 8, 2022 to elect one City Councilmember for District 3, one City Councilmember for District 4 and one City Councilmember for District 5. The three successful candidates, Dan Furtado (District 3) Elliot Scozzola (District 4) and Anne Coyne Bybee (District 5) will be sworn into office at this meeting.
Mayor Paul Resnikoff and Councilmember Elizabeth “Liz” Gibbons have each served two consecutive four-year terms and due to term limits, will be stepping down from the City Council at this meeting. Following comments from Mayor Resnikoff and Councilmember Gibbons, the Oaths of Office will be administered to the newly elected Councilmembers.
Each December, the City Council elects its Mayor and Vice Mayor for the upcoming year. Following comments by each of the newly elected officials, the City Council will reorganize as follows:
➢ Election of Mayor
➢ Remarks – Newly elected Mayor
➢ Election of Vice Mayor
➢ Remarks – Newly elected Vice Mayor
➢ Congratulatory Comments – Council and Public
A reception will follow honoring the outgoing and newly elected Councilmembers.
Item:
Category:
Meeting Date:
9 Packet Pg. 125
9 NEW BUSINESS
December 20, 2022
City Council Reorganization Page 2 of 2
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
9 Packet Pg. 126