Carpinteria City Council
February 28, 2022

12.6 MOVE.UP PAY OR TEMPORARY ASSIGNMENT
When in the best interests of the City, the City Manager may approve a Move Up or Temporary Assignment of a probationary or regular employee to a higher level classification than that for which he/she is currently assigned and being compensated, in accordance with the following:
1) Eligibility Requirements
a) The City Manager has the sole discretion to determine if a Move Up or Temporary Assignment is needed and has the sole authority to deny or approve assignment, without any right to grievance or appeal.
b) The employee appointed to work in a Move Up or Temporary Assessment must be capable of handling the major duties of the higher level classification without any more supervision than an employee who regularly works in the higher classification. c) To be eligible for Move up or Temporary Assignment, the employee must be required to work more than five (5) working days in succession in the higher classification.
d) Should an employee be hired to fill a higher classification position during a period of Move Up or Temporary Assignment, the employee's time worked in a higher classification shall not count toward the completion of probationary requirements for the higher classification, unless expressly established as a condition of hiring 2) Amount of Move Up or Temporary Assignment Pay
a) An employee shall receive compensation equal to ten percent (10%) above the employee's regular base salary, for work performed within the scope and responsibilities of the higher classification and will continue to receive the additional pay for the duration of assignment. Base salary is defined as the base salary paid to the employee without additions for overtime, medical insurance, longevity, expense or other benefits.
b) In no event shall the employee receive an amount greater than the base salary for the maximum step for the higher classification.
c) An employee shall not receive any other benefit assigned to the higher classification that they are not already receiving.
d) While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee's regular position. 3) Move Up or Temporary Assignment Pay Does Not Apply to the Following:
a) The mere performance of certain portions of the higher position or assisting with certain duties of the position is filled.

Conditions of Employment for
Management Personnel
July l, 2021to June30,2022

b) Where the temporary assignment is a replacement of an employee on vacation. c) When the City has activated the Emergency Operations Center (EOC). When the EOC is activated, all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. During a time of emergency, employees may work modified job duties and/or may be asked to take on tasks outside of their normal responsibilities to work in support of emergency operations and such activities and/or duties are not eligible for Move Up or Temporary Assignment Pay.

I2.7 PARTICIPATION IN CITY.SPONSORED RECREATION PROGRAMS:

The City agrees to provide special employee rates to currently employed, regular full-time employees and their immediate family members who wish to participate in City-sponsored Parks and Recreation Department Programs. All fees are payable in advance of participation in the program. Requests for employee rates for City-sponsored programs should be in writing and approved by the Parks and Recreation Director and scheduled with the appropriate recreation progrum supervisor.
(l) Eligible employees will receive a fifty percent (50%) discount on tuition and registration only for City-sponsored recreation programs. Individual enrollees will be responsible for any alacarte activities scheduled in the programs, e.g. field and/or camping trips, movies, special meals, etc. A discount on recreation rental equipment is dependent upon availability.
(2) The annual fee for Community Pool Family Membership will be discounted Seventy-five percent (75%) The fee will include participation in the Masters' Program, Lap Swimming, Recreational Swimming and Water Aerobics.

I2.8 CITY PROPERTY:

Desks, file cabinets, lockers, computers, tools and other equipment are property of the City and must be maintained in good condition in accordance with the City's policies, rules and regulations. They must be kept clean and are to be used only for work-related purposes. If the City property is lost, or damaged, report it to your supervisor at once. No property may be removed from the premises without the prior authorization of your supervisor.

In order to ensure compliance with this provision and with the City's policies, rules and regulations, the City reserves the right to inspect all City property, without notice to the employee and/or in the employee's absence.

For security reasons, personal belongings of value should not be left in the workplace. The City is not responsible for lost or stolen personal belongings.

Conditions of Employment for
Management Personnel
July 1, 2021 to June30,2022
Page32
Employees should take reasonable steps to protect City property from theft. Employees should immediately inform management if theft of City property is suspected. However, employees should not attempt to stop the theft of City property if doing so poses any risk whatsoever of endangering the safety of the employee or others.

Immediately upon termination of employment, all property of the City (keys, tools, manuals, etc.) must be retumed to the City. All personal items should be removed at the time terminated employees leave the premises of the City. Unless otherwise agreed to in writing, if aterminated employee leaves personal items at the workplace, these items are subject to disposal if not removed within five (5) days of the date of the employee's termination.

I2.9 CELL USE PHONE POLICY:

The City may provide certain employees with cellular phones that are to be used only for official City business. The City recognizes that employees may need to use their personal cell phone during working hours due to particular family or personal situations. Employees should limit the use of personal cell phones during working hours, to reasonably necessary communications, and use of a personal cell phone should not interfere with City operations or the performance of job duties. If an employee abuses the use of personal cell phone during working hours, at the City Manager, at his discretion, may require that the employee not use personal cell phones during working hours.

In compliance with California Motor Vehicle Code 23123, employees are not to dial any cell phone while driving, except to call a public safety agency. Employees may not receive incoming calls while driving unless the cell phone can be safely operated in a hands free mode. For employees with hands free cell phone operation, in the event an employee receives an incoming call while driving, the employee should either safely pull off the road to converse, inform the caller that he or she will return the call, or ask the caller to call again to allow the employee to reach a place where it is safe to use the phone. While driving, employees are prohibited from using any cell phone to text message, read or send e-mail, or any similar operations. While driving, employees are also prohibited from engaging in any activity or conduct that would constitute distracted driving or otherwise constitute an unsafe driving practice.

I2.IO FITNESS FOR DUTY EXAMINATION:

Whenever the City Manager, or the Human Resources/Risk Manager, believes that an employee is unable to perform the essential functions of their job safely due to illness or injury, or is unable to perform the essential functions of their job safely or without posing a danger to themselves or others, the City may require the employee to submit to an independent medical examination at the City's expense. Such medical examination will be limited to the issues or areas of concern regarding the employee's ability to perform the essential functions of their job. If, after the independent medical examination, the City determines that the employee cannot perform the essential functions of their job, or cannot perform such essential functions safely or without Conditions of Employment for
Management Personnel
July 1, 2021to June30,2022

posing a danger to himself/herself or others, the employee will be given the opportunity to provide the results of a separate medical evaluation by a qualified health care provider selected by the employee, within fifteen (15) days of the employee's receipt of a medical evaluation from the City. In the event of a difference of opinion between the City's and the employee's health care providers, the City may require a third opinion, at the City's expense, performed by a mutually agreeable health care provider who will make a final determination.

I2.II REASONABLE ACCOMMODATION POLICY
The City of Carpinteria is committed to ensuring equal employment opportunities for disabled applicants and employees. It is the policy of the City of Carpinteria to comply with the Federal Americans with Disabilities Act ("ADA") and the Califomia Fair Employment and Housing Act ("FEHA"). Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. The City of Carpinteria will not discriminate against disabled employees. The City of Carpinteria provides reasonable employment-related reasonable accommodation(s) to permit an applicant or employee to perform the essential functions of the job, as defined by law, to qualified individuals with disabilities, and will engage in the interactive process within the meaning of the ADA and FEHA.

Conditions of Employment for
Management Personnel
July l, 2021to June30,2022

SECTION 13

MANAG EMENT PERSONNEL CLASS I FICATION AND COMPENSATI ON Elfective July I,2021
Position Department Grade Minimum Control
Point
Maximum
Assistant City Manager General Government M19 $110,877.53 $138,596.30 $152,455.69 Community Development Director Community Development Mt9 $110,877.53 $138,596.30 9152,455.69 Adminishative Services Director Finance Ml9 $110,877.53 $138,596.30 8152,455.69 Parks, Recreation & Public
Facilities Director
Parks, Recreation & Public
Facilities
Ml9 $110,877.53 $138,596.30 $ 152,455.69
Public Works Director Public Works M19 $l10,877.53 $138,596.30 $152,455.69 Principal Planner Community Development M16 $81,367.00 $l0l,8l l.l8 s1 I 1,992.30 Human Resources/Risk Manager Human Resources Ml6 $81,367.00 $101,811.18 $111,992.30 City Librarian Parks, Recreation & Public
Facilities
M16 $81,367.00 $101,811.18 $ I 1 1,992.30
Civil Engineer Public Works M16 $81,367.00 $101,811.18 $111,992.30 City Clerk General Government Ml5 s78,166.19 $97,680.72 $107,448.78 Senior Financial Analyst Finance Ml4 $73,721.30 $92,l5 1 .63 $101,366.17 Chief Building Inspector/Plan
Check
Community Development M12 $63,801.19 $79,753.50 $87,728.47 Program Manager General Government M12 $63,801.19 $79,753.50 $87,728.47 Aquatics Superintendent Parks, Recreation & Public
Facilities
Mt2 $63,801.19 s79,753.50 $87,728.47
Community Engagement Library
Specialist
Parks, Recreation & Public
Facilities
Mt2 $63,80 1.1 9 $79,753.50 s87,728.47
Parks & Facilities Maintenance
Supervisor
Parks, Recreation & Public
Facilities
l/dl2 $63,80 1. I 9 879,753.50 987,728.47
Environmental Program Manager Public Works Mt2 $63,801.19 $79,753.50 $87,728.47 Public Works Supervisor Public Works Ml2 $63,80 1.1 9 $79,753.50 $87,728.47 Code Compliance Supervisor Community Development Mll $59,904.80 $74,88 I .01 $82,368.54 Executive Assistant/Deputy Clerk
(Confidential)
General Government Mll $59,904.80 $74,88 I .01 $82,368.54 Assistant to Public Works Director Public Works Ml1 $59,904.80 $74,881.01 $82,368.54 Conditions of Employment for
Management Personnel
July l, 2021 to June 30, 2022

APPENDIX A
City of Carpinteria
Policy on Public Employee Personal Use of
Telecommunication Equipment, Electronic Mail, Voice-Mail and other computer systems

PURPOSE
City-owned telecommunication equipment, computer hardware and software is intended to be used for business purposes. Electronic mail, known commonly as e-mail, is now a primary vehicle for communication in the workplace. As the use of e-mail increases, the need for a clear and comprehensive City's policy on personal use of City equipment becomes important to clariff the rights and obligations of employees and as a protection from potential liability for employers.

POLICY
The City maintains and utilizes as part of its operations a computer system, including e-mail, and a voice-mail system. These systems are provided to assist employees in the conduct of the City's business. All computers to the data stored on them, including e-mail, messages composed as well as all voice-mail are and remain at all times the property of the City. All remain the property of the City. Employees are prohibited from installing or downloading software onto the City's computer system except with the prior authorization of the Administrative Services Director.

Employees should attempt to limit voice-mail and e-mail messages to the conduct of the City's business. Use of the voice-mail and e-mail systems for the conduct of personal business is discouraged. The City reseryes the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate. Other use of computer systems, including use of the Internet and other telecommunicating capabilities, should be limited to the conduct of the City's business unless prior written approval is received from the employee's supervisor.

Except for the right of the City to access data stored on the computer system, including e-mail messages, and to access voice-mail messages as described in this policy, all data stored on the computer system and all messages sent by voice-mail and e-mail are considered to be confidential, and as such are to be accessed only by the employee storing the data, the addressed recipient or at the direction of the addressed recipient. Any exception to this policy must be approved by the Administrative Services Director.

The City reserves the right to retrieve and read any data stored on the computer system and any message composed, created, sent or received on the voice-mail and e-mail systems, as well as Internet usage data, at any time, with or without advance notice to the employee. Although the computer system, including e-mail, and the voice-mail system may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be Conditions of Employment for
Management Personnel
July l, 2021 to lune 30, 2022

guaranteed. All passwords must be made known to the City, and passwords not known to the City may not be used. This is due to the need to access employees' computer systems, including e-mail, and voice-mail systems in the event that an employee is absent or when otherwise deemed appropriate by the City. Employees must therefore assume that any and all voice-mail and e-mail messages and all data stored on the computer system may be read by someone other than the employee storing the data or the intended or designated recipient, and understand the ultimate privacy of data stored on the computer system, including e-mail, and voice-mail messages, cannot be guaranteed to anyone.

The City's policy against unlawful harassment, including sexual harassment, and the City's antidiscrimination policy apply to employees' use of voice-mail, e-mail messages and screen savers as well as any other information transmitted over the City's computer system. Employees should not use any means of electronic communications in a manner that would violate those policies.

For example, employees may not communicate messages by computer, voice-mail or other electronic means that would constitute sexual harassment, fr&y not use sexually suggestive screen savers, and may not receive or transmit pomographic, obscene or sexually offensive material or information. As a further example, employees may not use electronic communications to transmit comments or images which are reasonably likely to offend someone on account of his/her age, sex, sexual orientation, race) religious beliefs, national origin, disability, or any of the other factors included in the Equal Employment Opportunity section of this Handbook. Any employee who uses any electronic communications device in a manner which violates this policy will be subject to disciplinary action, up to and including termination of employment.

DIGITAL DEVICES
Employees may not use any personal e-mail account or any digital or electronic device not owned by the City, including but not limited to any laptop computer, desktop computer, tablet computer, cellular telephone, personal digital assistant, or any other device capable of storing electronic information ("Digital Device") for City business without the City's prior written approval. Digital devices used by employees for City business may be subject to inspection to obtain City-related communications if requested under the Public Records Act.

APPLICATION
This policy applies to all employees with the City of Carpinteria.

The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate.

Conditions of Employment for
Management Personnel
July l, 2021 to June 30, 2022

EMPLOYEE RESPONSIBILITY
Employees will be required to acknowledge that they have read, understand and will abide by the agency's technology policy. Violation of the policy may result in discipline, up to and including dismissal.

To the extent that, under some circumstance, an employee is allowed to use e-mail for personal purposes the employee does so at his or her own risk. Employees should be aware that deletion of a message or file may not fully eliminate the message from the system.
a
.) Employees learning of any misuse of the voice-mail, e-mail or other computer system or violations of this policy shall immediately notifr the City Manager or his/her designee.

MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Management and supervisors are responsible for reasonable enforcement of this policy. Any email information or messages revealed or disclosed under this policy are considered to be of a confidential nature.

Conditions of Employment for
Management Personnel
July l, 2021to June30,2022

APPENDIX B

SUBSTANCE ABUSE POLICY
This policy sets forth the rights and obligations of City employees. Employees should familiarize themselves with the provisions of this policy because compliance with this policy is a c ondit io n of empl oyme nt .

I. PURPOSE
II.

The City of Carpinteria, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace.

The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations. It is the intent of the City, in adopting this policy, to meet the requirement of the Drug Free Workplace Act of 1983 (41 U.S.C. Section 701-707).

POLICY
In recognitions of the duties entrusted to the employees of the City of Carpinteria and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Carpinteria adopts the following policy:

1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in city vehicles or facilities except as defined in city's facilities use policies;
d. prior to coming to work, so that the employee's performance is impaired.

The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled, under federal law.

The City has established a voluntary Employee Assistance Program (EAp) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek confidential assistance from the EAP counselor.
a.
b.
c.

2. J
Conditions of Employment for
Management Personnel
July 1
, 2021 to June 30,2022

ilI. APPLICATION
This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform his/her job duties.

A copy of this policy will be provided to all City employees.

A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.

Violations of the policy may result in disciplinary action being taken, up to and including termination.

IV. DEFINITIONS
For the purposes of this policy:

A. "Illegal drugs" means any drug or controlled substance that is not legally obtainable or is legally obtainable but has not been legally obtained. Consistent with federal law, marijuana is considered an illegal drug, and consistent with the Federal Drug-Free Workplace Act of 1988 and the California Drug-Free Workplace Act, the restrictions related to illegal drugs under this Policy also apply to marijuana.

A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources.

B. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:

2. J.

4. 1 The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
a.
b.
c. in City vehicles or facilities except as defined in City's facilities use policies;
Conditions of Employment for
Management Personnel
July l, 2021 to June 30, 2022

2. d. prior to coming to work, so that the employee's performance is impaired.

Reporting for duty or remaining on duty while having an alcohol blood concentration level of 0.08 or greater.

Being on duty or operating a vehicle on duty while possessing alcohol.

Using alcohol while on duty.

Reporting for duty or remaining on duty when the employee used any controlled substances, except of the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.

Reporting for duty or remaining on duty if the employee tests positive for controlled substances.

Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test. A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:

A refusal to provide a urine sample for a drug test;
An inability to provide a urine sample without a valid medical explanation;
A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
Tampering with or attempting to adulterate the urine specimen or collection procedure;
Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for post-accident controlled substances andlor alcohol test was not obtained.

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4 5

6. 7
a.
b,
c.
d
e
f.
g.

Conditions of Employment for
Management Personnel
July 1, 2021 to lune 30, 2022

C. USE OF LEGAL DRUGS
The City recognizes that it may be necessary for employees to use legal drugs from timeto-time. The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to perform or to perform safely would be compromised. Employee who knows or should know that their use of legal drugs might endanger their own safety or the safety of some other person, or pose a risk of significant damage to City property or the property of others, are obligated to report such use of legal drugs to Human Resources or the City Manager and obtain Human Resources' or the City Manager's consent to continue working. The City reserves the right to have a designated physician determine whether it is advisable for the employee to continue working while taking such drugs. The City further reserves the right to have the employee's physician certit/ that when returning from a leave of absence, the employee will not be using any legal drugs which might impair the employee's ability to perform the employee's job duties for the City.

If appropriate, the City may restrict the work activities of an employee who is using legal drugs or require that the employee take a leave of absence while taking such drugs. If the City permits an employee to work while using legal drugs, the employee still cannot report to work in any case if impaired by the use of the drugs if the impairment might endanger the employee's own safety or the safety of anyone else, pose a risk of significant damage to City property or substantially interfere with the employee's job performance or the effrcient operation of the City's business. The City may require a medical certificate not medical diagnosis as a precondition to return to work.

D. CIRCUMSTANCE UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.
l. Drug and Alcohol Testing
Applicants receiving a conditional offer of employment for certain designated positions, e.g. lifeguards, swim instructors, swim coaches, shall be subject to a urine andlor blood test for the presence of illegal drugs or alcohol. The City may refuse to employ an applicant whose test results show the presence of illegal drugs or alcohol. Applicants who are under a physician's care and/or are required to take legal drugs must noti$ Human Resources or its designee of that fact in writing before the date of the pre-employment examination. This applies to initial appointment as a classified employee only, and not to promotion within the service.

Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022

2. 2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
a. "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to a combination of: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the j ob, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
b. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with Human Resources or the City Manager, and if they are unavailable, the Department Head. Any reasonable suspicion testing must be pre-approved by Human Resources or the City Manager, and if they are unavailable, the Department Head. c. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and Human Resources or the City Manager, and if they are unavailable, the Department Head, has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
d. Interview of Employee: An employee shall not be asked any questions without first being offered the right to have a representative present.

3. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident where reasonable suspicion indicators also exist to support the testing.

Conditions of Employment for
Management Personnel
July 1 , 2021 to June 30, 2022

Alcohol: Post-accident alcohol test shall be administered within two hours following an accident and no test may be administered after eight hours.

Drug: A post-accident drug test shall be conducted within eight (8) hours following the accident.

An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) Any individual(s) receives an injury(s) requiring immediate hospital treatment, or;
(2) There is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.
(3) A DMV Traffic Accident Report is required, i.e., the estimate of damage exceeds DMV threshold and either law enforcement or, in the absence of law enforcement, supervisor makes an on scene determination that the employee is at fault.

4. Return To Duty/Follow-up Testing:

A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to hislher position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.

E. EMPLOYEE RESPONSIBILITIES:

An employee:

Must not report to work, or be subjected to scheduled duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.

Must not use, possess, sell, purchase, manufacture, dispense or distribute, transport drugs or alcohol
in the workplace, or while conducting or performing City business, regardless of location, or while operating or responsible for the operation, custody, or care of City equipment or other property; 1 2.
a.
b. on City time;
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022

in City vehicles or facilities except as defined in City's facilities use policies;
prior to coming to work, so that the employee's performance is impaired
Must notifu his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective performance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effective perform assigned duties while using prescribed drug, authorization form a qualified physician may be required.

Must notifu his/her department head of any criminal drug or alcohol statue conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.

Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

Must notifu his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction. Off duty arrests or charges do not need to be reported and will not be used for disciplinary or employment purposes.

Must notiff his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfered with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).

Who thinks he/she may an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems. c.
d
a
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4 6.
7 8
9 Conditions of Employment for
Management Personnel
July l, 2021 to lune 30, 2022

F. MANAGERS'ANDSUPERVISORSORESPONSIBILITIES
Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.

Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).

When an employee is involved in an accident, or there is reasonable suspicion, managers and supervisor shall prevent the employee from engaging in further work, remove the employee from the workplace, and then take the employee for a drug andlor alcohol test within the timelines outlined in Section D.2 above.

Managers and supervisors will participate in appropriate training on alcohol and drug abuse evaluation. When based on their direct observation, it is suspected that an employee may have illegal drugs, that manager would perform a written evaluation or request a trained evaluator to complete a written evaluation.

5. Managers and supervisors are responsible for complying with federal grant money including notification sanction associated with drug convictions or use of drugs in the workplace (41. U.S.C. Section 707-717).

G. PROCEDURES TO BE USED FORDETECTION OF DRUGS AND ALCOHOL l. Alcohol Testing:

Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. Q.,lon-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted.

A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.

The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City of Carpinteria Drug and Alcohol Testing Policy Pursuant To Department of Transportation Regulations (49 CFR 40).

I
)
a
J
Conditions of Employment for
Management Personnel
July l, 2021to June30,2022

2. Drug Testing:

Drug testing will be considered pursuant to the same requirements as those required by the City of Carpinteria Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).

The urine specimen will be split into two (2) bottles labeled as primary" and "split" specimen. Both bottles will be sent to the lab; A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels. If the urinalysis of the primary specimen test positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab atthe employee's cost.

The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
If the test is positive for one or more of the drugs, a confirmation test will be performed using gas chromatography/mass spectrometry analysis; All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation f or the positive test result. If documentation is provided and the MRO determines that there was legitimate medical use for the prohibited drug, the test result may be reported to the City as "negative."

3. Confidentiality:

The confidentiality of records shall be maintained in the same mannsr as set forth in the City of Carpinteria Drug and Alcohol Testing Policy Pursuant to Department Of Transportation Regulations.
a.
b.
c.
d.
e.
f.

Conditions of Employment for
Management Personnel
July l, 2021to lune30,2022

H. CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:

FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR
REJECTION FROM EMPLOYMENT.

UPON FAILING A REASONABLE SUSPICION AND/OR POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:

1. Will be removed from driving or operating any heavy or dangerous equipment;

2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to including termination.

May be allowed to sign a last chance agreement as an altemative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment.

However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.

The employee may use leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation.

May not be returned to his/her position until the employee submits to a return-toduty controlled substances andlor alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test;
6 May be required to submit to unannounced follow-up testing after he/she has been returned to hislher safety-sensitive position for a period of one year.

J. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the Human Resources/Risk Manager for the number of the current EAP provider.

J
4 5
Conditions of Employment for
Management Personnel
July l, 2021 to June 30, 2022

APPENDIX C

CITY OF CARPINTERIA

PROHIBITION OF

HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
A. PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, officers and officials, applicants, interns, volunteers and contractors with an environment that is free from any form of unlawful harassment, discrimination or retaliation as defined in this Policy and as provided under federal and state law. This Policy prohibits unlawful harassment or discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, military and veteran status, veteran status, marital status, age for individuals over forty years of age, medical condition, physical or mental disability (whether perceived or actual), genetic information, and any other factor made unlawful by federal, state, or local law.

It is also the policy of the City to provide a procedure for investigating and addressing complaints of alleged harassment, discrimination and retaliation in violation of this Policy. The protection from harassment and discrimination includes protection from retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy.

B. POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, contact a managff, department head, or the Human Resources/Risk Manager, and, if applicable, do not engage in the conduct and seek guidance from a manager, department head or the Human Resources/Risk Manager.

C. DEFINITIONS
a. Protected Classifications:

This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex (which includes Conditions of Employment for
Management Personnel
July 1, 2021 to June 30,2022

gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, military status, veteran status, marital status, age, medical condition and physical or mental disability (whether perceived or actual). b. Policy Coverage:

This Policy prohibits City officials, officers, employees, interns and contractors from harassing or discriminating against applicants, offrcers, officials, employees, interns and contractors because: (1) of an individual's Protected Classification, (2) of the perception that an individual has a Protected Classification, or (3) the individual associates with a person who has or is perceived to have a Protected Classification. Third parties such as visitors to City Hall are also prohibited from engaging such harassment or discrimination. Any such alleged harassment or discrimination should be reported immediately as provided in this Policy. c. Discrimination:

This Policy prohibits treating individuals differently or otherwise discriminating against an individual because of the individual's Protected Classification as defined by this Policy. d. Harassment:

By definition, harassment based on an individual's protected classification as defined by this policy, including sexual harassment, is not within the course and scope of an individual's employment with the City. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or interferes with work perforTnance.

Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an employee's Protected Classification. The following are some examples of behavior that can constitute harassment:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identi$ a person on the basis of his or her Protected Classification.

Verbal harassment may include comments on appearance and stories that tend to disparage those of a Protected Classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a Protected Classification.

Conditions of Employment for
Management Personnel
July l, 2021to June30,2022

c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement.
d. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, or verbal or physical conduct of a sexual nature (like name calling, suggestive comments, or lewd talk).
e. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There can be an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.

To avoid possible claims of sexual harassment, if a supervisor or manager intends to enter into a romantic or sexual relationship with a subordinate employee, the supervisor or manager must inform the Human Resources/Risk Manager so that appropriate steps can be taken to minimize the risk of possible claims of sexual harassment.

D. RETALIATION
Retaliation against an employee who reports or provides information in good faith about harassment or discrimination is strictly prohibited, as is retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy. Any act of retaliation violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.

Before a supervisor or manager attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another position or location, the supervisor or manager should contact the Human Resources/Risk Manager.

E. REPORTING HARASSMENT. DISCRIMINATION OR RETALIATION
An applicant, employee, officer, official, intern, volunteer or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.

Conditions of Employment for
Management Personnel
July l, 2021 to lune 30, 2022

All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.

1. Object to the Conduct
Sometimes an individual is unaware that his/her conduct violates this Policy. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately.

A person who believes he/she is being harassed is encouraged, but is not required to use this process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 or 3 below.

2. Oral Report
If a person who believes that this Policy has been violated does not want to first speak with the offending person, he/she should report the conduct to a supervisor, any City management employee, or the Human Resources Manager. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources/Risk Manager. The Human Resources/Risk Manager will determine what level of investigation and response is necessary.

3. Written Process
An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, or any management employee who in turn must direct the complaint to the Human Resources/Risk Manager, or to the Human Resources/Risk Manager directly.

F. CITY'S RESPONSE TO COMPLAINT O HARASSMENT.DISCRIMINATION OR

RETALIATION

1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources/Risk Manager will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources/Risk Manager may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Human Resources/Risk Manager. The Human Resources/Risk Manager will report the status of investigations to the City Manager as appropriate.

Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022

The Human Resources/Risk Manager, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change or the Human Resources/Risk Manager determines that doing so is appropriate under the circumstances.

The City attempts to take a proactive approach to potential Policy violations and may conduct an investigation regarding possible harassment, discrimination or retaliation in appropriate circumstances, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.

At the conclusion of the investigation, if it is determined that the alleged conduct did not occur or that this Policy was not violated, the Human Resources/Risk Manager will notifi' the complainant and the alleged perpetrator, if appropriate, of the general conclusion(s) of the investigation and whether any further action is warranted.

2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred or that the conduct otherwise violated this Policy, the City will notifu the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to discipline the perpetrator and deter future violations of this Policy. Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination.

Disciplinary action may also be taken against any official, supervisor or manager who condones or fails to report potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.

Any official contractor or other non-City employee found to have violated this Policy will be subject to appropriate sanctions.

3. Confidentiatity
Every reasonable effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effective remedial action.

G. RESPONSIBILITIES OF EMPLOYEES. MANAGEMENT AND

SUPERVISORY EMPLOYEES

1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:

Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022

. Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. When appropriate, tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. . Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. . Report harassment, discrimination or retaliation as quickly as possible, whether the reporting employee is the target of the conduct or a witness. . If an employee witness's harassment, he or she should report it to a supervisor, manager or the Human Resources Manager, and may tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior or report is under this Policy.

Fully cooperate with the City's investigation of complaints made under this Policy

2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:

Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Human Resources Administrator.
o
o
a
. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.

No department director, manager, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination. . Monitoring the work environment and taking appropriate action to stop potential Policy violations.
. When appropriate, follow up with those who have complained to ensure the behavior complained of has ceased.

Conditions of Employment for
Management Personnel
July 1, 2021to June30,2022

H. Option to Report to Outside Administrative Agencies
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to noti$ing the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the California Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (l) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the courts have the authority to award monetary and non-monetary relief in meritorious cases. You can contact the nearest DFEH office or the FEHC at the locations listed in the City's DFEH poster or by checking the state government listings in the local telephone directory.

Conditions of Employment for
Management Personnel
July l, 2021 lo June 30,2022

APPENDIX D

RETURN TO WORK POLICY
Purpose
The purpose of this policy is to establish guidelines that the City may follow, should an employee have an extended absence due to illness or injury.

The City strives to assist employees to return to work at the earliest possible date following an injury or illness. However, this policy is not intended to supersede or modifu the procedures applicable to employees eligible for reasonable accommodation or covered under leave provisions under the terms of this MOU or federal or state law.

The City cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.

Inquiries about the reasonable accommodation for disabilities or employee leave rights should be directed to the Human Resources Department (HR).

Transitional Work
The City defines "transitional work" as temporary, light duty and/or modified work assignments within the employee's physical abilities, knowledge and skills.

When possible, in the discretion of the City, transitional positions will be made available to injured workers to minimize or eliminate time lost from work.

The policy only applies to regular full- and part-time employees who are on leave as a result of injury or illness.

In the event an employee refuses transitional work (outside the qualified employee's FMLA/CFRA benefits period) and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. In such cases, the City will notifu the insurance carrier of the employee's refusal of the transitional work.

Procedures
To obtain a transitional assignment the employee must provide a statement from the employee's treating health care professional containing the following information:
a) That treating health care professional has reviewed the employee's job description; b) That the employee cannot perform all of the essential functions of her/his job, identifring which essential functions cannot be performed; Conditions of Employment for
Management Personnel
July l, 2021 to June30,2022

c) When the employee will be able to resume performing all essential functions of her/his job, with or without accommodation, and if accommodation will be required, the nature of that accommodation;
d) If the treating health care practitioner cannot determine when the employee will be able to resume performing all essential functions of her/his job, when the employee will next be evaluated for that purpose;
e) In addition, all other work limitations, such as restrictions on lifting, standing, sitting, walking, hours that can be worked and the like, so that the nature of possible transitional employment can be evaluated, and how long each of those limitations will be in place; and
0 Any other limitation of the employee's ability to perform work for the City in a transitional position.

If the treating health care provider provides the above information to the satisfaction of the City, and releases the employee to return to work on modified duty the City will review the information to determine if a transitional position for the employee is appropriate and transitional work falls within City business needs. Transitional positions are developed based on the physical capability of the worker, the business needs of the City and the availability of transitional work. The City will determine appropriate work hours, shifts, duration and locations of all work assignments. The City reserves the right in its sole discretion to determine the availability, appropriateness and continuation of all transitional work assignments. The assignment to a transitional position cannot exceed 6 months.

If the employee is offered a transitional position, a transitional position job description, including physical requirements, will be prepared for review and approval by the treating health care provider. Once approved, the employee will be provided a letter noting the treating health care provider's approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the letter indicating his or her acceptance or refusal of the transitional work job offer and to return the letter to HR.

Any employee returning to a transitional position must not exceed the duties of the position or go beyond the doctor's restrictions. If any medical restrictions change, the employee must immediately notifu his or her supervisor and provide the supervisor a copy of the new medical release. If, in the judgment of the City, the employee is unable to satisfactorily perform the duties of the transitional position, the City may end the employee's transitional work assignment. The City will keep its insurance carriers apprised of relevant information related to the provisions of this section and its application to employees.

ATTACHMENT B
RESOTUTION NO. 6LO2
RESOLUTION NO. 6LO2 WITH ATTACHED CONDITIONS OF EMPLOYMENT

FOR MISCELLANEOUS UNREPRESENTED PERSONNEL FOR FISCAL YEAR 2021.-2022.

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA APPROVING AND ADOPTING REVISIONS TO THE

CONDITIONS OF EMPLOYMENT FOR THE MISCELLANEOUS
UNREPRESENTED PERSONNEL FOR FISCAL YEAR 2021.2022
WHEREAS, the City of Carpinteria City Council recognizes that the conditions of employment for at-will management-level employees should be addressed separately from classified employees covered under the Memorandum of Understanding between the City of Carpinteria and the Service Employees lnternational Union (SEIU) Local 620; and
WHEREAS, this classification of employees includes Associate Planner, Code Compliance Officer ll, Engineering Technician, Accounting Technician, Management Assistant, Aquatics Program Coordinator, and other clerical positions, the Carpinteria City Council wishes to update the Conditions of Employment to ensure that the City remains competitive; and
WHEREAS, said Conditions of Employment for Miscellaneous Unrepresented Personnel has been recommended to the City Council for approval for effective July 1, 2021 and ending June 30, 2022, and
WHEREAS, it is the desire of the City Council to revise the conditions of employment for those employees classified as management employees, as follows;

1. Effective July 1 ,2021, a 3.00% increase/adjustment to the salary grade structure for Miscellaneous Unrepresented classifications. The 3% increase/adjustment will be applied to certain full-time Miscellaneous Unrepresented Personnel who are eligible for an increase/adjustment.

2. Classification and Compensation tables reflect changes during the budget process for Fiscal Year 21-22. The tables have also been updated to reflect positions that were eliminated, i.e., Code Compliance Officer I, Assistant Planner. Finally, all salary ranges have been updated to reflect the 3% increase/adjustment.

3. Effective following the approval and adoption of this Agreement, employees will receive a one-time non-pensionable $1,500 payment.

4. Effective January 1,2022, the allowance is $1,284 (rounded up from $1,283.16).

Resolution No. 6102
Page2

5. Effective July 1 ,2021, approve and adopt changes to the City's Substance Abuse Policy for all employees.

All other provisions of the Conditions of Employment for Miscellaneous Unrepresented Personnel will remain unchanged and in effect during the term of the agreement NOW, THEREFORE, BE lT RESOLVED as fottows:

SECTION 1. The revised Conditions of Employment for Miscellaneous Unrepresented Personnel, attached hereto Exhibit A, effective Juty 1, 2021, is hereby approved and implementation by the City Manager is authorized, and PAssED, APPROVED AND ADOPTED on 28th day of February, 2022, by the following vote:

AYES coUNcTLMEMBER(S):
couNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):

NOES
Mayor, City of Carpinteria
ATTEST:

City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the city council of the city of carpinteria held on the 28th day of February,2022.

ABSENT

ABSTAIN
City Clerk, City of Carpinteria
Resolution No. 6102

APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria

CITY OF CARPINTERIA

CONDITIONS OF EMPLOYMENT

FOR MISCELLENOUS UNREPRESENTED PERSONNEL
EFFECTM JULY 1,2021

TABLE OF CONTENTS

SECTION NUMBER

TABLE OF CONTENTS
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 1O
SECTION 11

PAGE NUMBER
1 Classification
Work Schedule
Compensation and Benefits
Leave Regulations
Legal Holidays
Workers' Compensation Insurance
Retirement Program
Health/Dental Benefits
Flexible Benefit Program
Service Awards
Life Insurance
Education/Training and
Professional Development
J
4 5
SECTION 12 Miscellaneous Policies
13 26
27 27
28 32
32 JJ
JJ
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022
Page2
APPENDIX A Personal use of Telecommunication Equipment, Electronic Mail, Voice-Mail and other
computer systems
APPENDIX B Substance Abuse
APPENDIX C Harassment, Discrimination and Retaliation
APPENDIX D Return to Work
39 4l
50 57
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to lune30,2022

MISCELLANEOUS EMPLOYEE CLASSIFICATION

AND COMPENSATION
EFFECTM JULY 1,2021
The following positions have been designated by the City of Carpinteria as Miscellaneous Unrepresented Employees. These positions are not classified as management employees nor are they represented by SEIU Local620.

Employees in this category are full-time employees. None of the positions are exempt from overtime requirements of the Federal Fair Labor Standards Act and, as with other non-exempt employees, all overtime must be authorized in advance (unless in emergency) by the affected employee' s department head.
* Under Ordinance # 559, the positions of Management Assistant and Associate Plqnner are included in the list of positions that are classi/ied as "otwill" employees serving at the pleasure of the City Manager and exempt from the City Personnel rules. Accordingly, an employee serving in this capacity is free to resign from his/her position any time, with or without cause, upon oral or written notice to the City Manager, and similarly, the City may end the employment relationship or change the status (i.e., modify the position, implement a demotion, adjust wages, etc.) at any time, with our without cause, upon oral or written notice to the employee".

Position Department Grade Minimum Control
Point
Maximum
Associate Planner* Community
Development
12 $63,802.31 $79,753.50 $87,728.47
Accounting
Technician
Administration Services 9 $49,918.88 $62,398.60 $68,639.40 Engineering
Technician
Public Works 9 $49,918.88 $62,398.60 $68,639.40
Code Compliance
Officer II
Community
Development
8 $48,159.83 $61,295.72 $66,220.68
Management
Assistantx
Parks, Recreation &
Public Facilities
7 $45,890.46 $57,363.68 $63,099.10
Aquatics Program
Coordinator
Parks, Recreation &
Public Facilities
5 $41,547.r9 $51,933.98 $57,127.38
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to lune 30,2022

I.2 PERSONNEL RULES:
"Regular," "full-time" and "part-time" employees are defined in the Personnel Rules, and those definitions are adopted for use in these Conditions of Employment as well. The City intends to continue to review and develop revised personnel rules, regulations, and grievance procedures, employee handbook, job classifications and job descriptions.

SECTION 2

WORK SCHEDALE

2.T REPORTING:

Miscellaneous umepresented employees are classified as hourly and non-exempt employees. All miscellaneous employees for the City of Carpinteria are required to accurately report hours worked on daily time sheets.

2.2 FLEXTIME SCHEDULING:

Employees may have the option to participate in an alternate 9/80 work schedule based on a flexible 9 dayl8} hour pay period (eight 9-hour days and one 8-hour day). Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off; the altemate Monday or Friday will be their 8-hour day. The daily work schedule for the nine hour days will begin at 7:30 a.m. and end at 5:30 p.m. with a one hour lunch; the daily work schedule for the eight hour day will begin at 8:00 a.m. and end at 5:00 p.m., with a one hour lunch.

Individuals may request flexible work schedules which meet their personal needs, however, the flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Human Resources and Payroll must be advised, in writing, of the selected day and any change from the established flex day, must be requested in advance and approved by the Department Head and the City Manager.

The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served.

Continuation of such schedules shall be subject to review and approval of the City Manager.

The City Manager reserves the right to remove any (or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capricious reasons.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022

SECTION 3

COMPENSATION AND BENEFITS

3.1 PAY STATUS:

An affected employee is considered to be in pay status and eligible for benefits under any of the following circumstances:
(l) While working regular hours
(2) While on authorized PTO Leave Bank hours
(3) While on authorized Injured on Duty (IOD) status
(a) While on authorized jury duty
(5) While on Compensatory time off
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four (4) months when it is deemed appropriate or is otherwise required by law.

3.2 METHOD OF PAYMENT:

Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.

Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.

3.3 BASE WAGE ADJUSTMENT:

A. Effective following approval and adoption of this Agreement, employees employed with the City prior to June 30,202I, will receive a one-time, non-pensionable $1,500 payment.

B. Effective the first full pay period after July 1 the affected employees listed in Section 1, (Classification), shall have their base wages adjusted pursuant to the results of an annual performance based employee evaluation.

The review shall include a Performance Rating of one of five categories:
o Unacceptable
o Needs Improvement;
o Contributor;
. Valued Performer;
o High Performer.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022

The result of the Performance Rating shall be used by the City Manager to determine the appropriate range of increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided for in the Matrix shall be determined by the City Manager.

All wage inueases are subject to availability of funds as authorized by City Council. Should fiscal constraints limit full funding ofwage increases, all authorized base wage increases shall be reduced by an equal percentage.

MERIT INCREASE MATRIX

3.4 DEFERREDCOMPENSATIONPROGRAM:

The ICMA Deferred Compensation Program will be available to miscellaneous unrepresented employees with participation on a voluntary basis.

3.5 SHORT.TERM/LONG TERM DISABILITY PROGRAM:

In addition to coverage under the State Disability Insurance Program, the City provides eligible full-time employees with additional short-term disability coverage to integrate with SDI for a weekly benefit of 60% of covered earnings and a long-term disability program to provide a monthly benefit of 66 213% of covered earnings, such coverage to be at City expense. This program will be at the expense of the City.

Position and Range
Lower Third
Min to 90% of CP
Middle Third

90.1% of CP to
CP
Upper Third
CP to Maximum
bo
tr
(c
o()
tr
cd
E
(H.o
L
o
High Performer lI %to 12%% l0to l1% 9lzorto
Range Max
Valued Performer 8%to9%% 7 %to 8Yo
6 %to 7Yo or to
Range Max
Contributor 5 %to 6Yo 4 to 5%o 0
Needs Improvement 0 0 0
Unacceptable 0 0 0
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022
PageT

3.6 OUTSTANDINGOBLIGATIONSUPONTERMINATION:

If any affected employee has any outstanding obligations due to the City, such as advance use of any benefits or lost or damaged equipment, at the time of termination, the employee will be so notified and requested to reimburse the City for any such amounts advanced to the extent allowed by law.

3.7 CAL PERS RETIREMENT:

The City provides retirement benefits through the California Public Retirement System pursuant to Section 7.

3.8 HEALTHO DENTAL AND WELLNESS PROGRAM:

The City provides health, dental and wellness benefits pursuant to Section 8

3.9 REPORTING HOURS WORKED
A. Individual employees are responsible for accurately reporting time worked. All hours worked shall be reported by clocking in and out on the computer at their work station.

Actual time worked will be recorded on a daily basis and tabulation of time at the end of the work period will be computed to the exact hour and fractional minutes. Such time shall be verified by the employees' supervisor. Employees are prohibited from working o'off the clock," and are required to accurately record all hours worked.

The City acknowledges that from time to time a computer clock may gain or lose time, causing the clock to be off by minutes. The City agrees to take this into consideration whenever it appears that the computer clock has caused an employee to clock in late. If an employee becomes aware of such a problem with his/her computer, it should be reported immediately to their supervisor.

C. lf access to a computer is not available, all hours worked by employees shall be reported on time sheets provided and shall be stated in straight time hours. The individual employee is responsible for accurately reporting all hours worked. Hours worked shall be reported in not less than quarter (ll4 or.25) hour increments of time actually worked. Time worked 7 ll2 minutes or less will not be reported and time worked in excess of 7 ll2 minutes will be reported as a quarter (.25) hour. Such time shall be verihed by the employees' supervisor.

B
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30,2022

3.10 BREAKS
Each affected employee shall be entitled to a sixty (60) minute lunch period and two breaks per eight-hour working day. The morning break and the afternoon break are fifteen (15) minutes.

Breaks shall not be taken earlier than one hour after starting work in the morning or lunch, or later than one hour before lunch or the end of the working day.

Breaks do not accumulate and will be scheduled by the employee's supervisor

3.11 OVERTIME RECORDS
Employees shall report all overtime in actual hours worked on their biweekly timesheet. The Finance Office shall convert all reported overtime hours worked to time and one-hali identifu reported overtime hours worked as regular overtime hours and/or premium overtime hours and record such converted hours to the credit of the affected employee. All overtime must be authorized in advance (unless in emergency) by the affected employee's department head.

3.I2 OVERTIMECOMPENSATION
The affected employee shall be compensated for overtime hours as follows:

Timesheets determine actual hours worked by calculating the elapsed time between clock in times and clock out times in quarter hour increments. See Section 3.9 (Reporting Hours Worked).

PTO, holiday, compensatory time off and other time not actually worked are not counted as hours worked for overtime purposes.

Hours worked in excess of the employee's regularly scheduled hours in any one work day (12 midniglxto 12 midnight) or in excess of the employees total regularly scheduled hours in any work week (Saturday through Friday) are recorded as overtime hours worked. Hours worked that are in excess of both the employee's regularly scheduled hours in the work day and the work week are not considered as separate incidents of overtime worked.

Hours worked on a day that has no scheduled hours (usually weekend days or holidays) are recorded as overtime hours worked with a two hour minimum.

At the end of each two week pay period, total overtime hours worked are accumulated and categorized as either (a) premium overtime hours or (b) regular overtime hours. a. Hours worked in excess of the employee's total regularly scheduled hours in any work week are categorized as premium overtime hours.
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6 Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

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b. Total overtime hours less hours categorized as premium overtime hours are categorized as regular overtime hours.

Regular overtime hours are multiplied by 1.5 and the resulting hours are added to the employee's overtime bank.

Premium overtime hours are multiplied by 1.65 (1.5 x 1.1) and the resulting hours are added to the employee's overtime bank.

Hours in an overtime bank in excess of 100 at the end of a payroll cycle will be paid in the subsequent payroll at the employee's regular base pay hourly rate then in effect and the paid hours deducted from the overtime bank.

At the employee's choice, overtime hours recorded on an employee's timesheet may be either (a) paid or (b) accrued to the employee's overtime bank to be used as compensatory time off or paid at a later time as provided in this section. Employees must specifu in writing on their timesheet which one of these two options is chosen. If the employee does not specifu how the overtime hours should be treated, the default option is to be paid for the hours.

If an employee elects and is approved to use some or all ofthe employee's accrued overtime bank as compensatory time off, the amount taken as compensatory time off shall be deducted from the employee's overtime bank on an hour-for-hour basis.

No overtime shall be worked without department head approval in advance in writing.

However, such approval shall be given in any case in which the affected employee worked such overtime at the direction of a supervisor. No overtime shall be authorized or worked for the convenience of the employee (i.e. voluntary shift trading, etc.).

Management shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit and work location.

Employees with accumulated overtime hours accrued in their overtime bank may, not more often than four times per fiscal year, request and receive a cash buy-out of a portion or all of such accumulated accrued time in their overtime bank. Such payment will be made on the next regular pay period and paid at the employee's regular base pay hourly rate then in effect.

When employment with the City terminates the City shall make a cash payment for the employee's accumulated unused overtime bank time on the books at the employee's regular base pay hourly rate then in effect.
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to June30,2022

3.13 HOLIDAY PAY
Unless otherwise provided herein, a regular full-time employee not working on a holiday will receive one day's pay at his or her normal straight time rate, exclusive of shift or temporary or relief supervisory differentials. Said holiday pay shall not be paid if the employee is not in a pay status the last normal working day before a holiday or the first normal working day after such holiday. See Section 3.1 for definition of pay status.

An employee who is scheduled to work on a holiday but fails to report for work and fails to notiff the City or provide evidence of an emergency is unexcused and will not receive payment for the holiday.

If a holiday falls on a normal workday which is during an approved leave, at the employee's option the employee will not be charged for a leave day the day of the holiday, or may be given an additional day at the beginning or end of his/her leave. Holidays which fall on normal working days within an unpaid leave of absence, will not be counted as workdays and will not be recognized for pay pu{poses.

D Employees who are required to work on holidays will receive, in addition to the holiday pay provided for in this section, a minimum three (3) hours straight time pay for hours worked and time and one-half for hours worked beyond 8 hours or a nornal shift, whichever is appropriate.

Employees who are required to work on a holiday will be paid a minimum three hours of their regular wage.

3.14 CALL BACK PAY
Any affected employee called out to work after his/her normal working hours shall receive a minimum of two (2) hours cash compensation at the rate paid for overtime work.

In such cases all work in excess of the two (2) hour minimum shall be compensated at the regular overtime rate. The overtime rate shall be based on the employee's base hourly rate.

Call-back shall be defined as being called out to work outside one's normal working hours by the Sheriff s Department, City Manager, or Department Head r on an unscheduled basis.

An employee should not respond to a call-back if any alcoholic beverage has been consumed or a medication taken that might impair his/her ability to perform the duties required.

All affected employees who are required and/or authorized to attend an authorized meeting which starts after the established work day shall be credited for a minimum of two (2) hours overtime. For all time in excess of two (2) hours, normal overtime policies shall be in effect.

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D
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022
Page I I
In the event a call-out exceeds two (2) hours in actual time for an employee, the time reported for payroll purposes only shall begin with ten (10) minutes prior to the employee reporting for work and end ten (10) minutes after the time the employee leaves work to return home.

Employees in off-duty status will not be required to respond to call-back. The exception being when a state of emergency has been declared by the City Manager.

3.15 MOVE.UP PAY OR TEMPORARY ASSIGNMENT
When in the best interests of the City, the City Manager may approve a Move Up or Temporary Assignment of a probationary or regular employee to a higher level classihcation than that for which he/she is currently assigned and being compensated, in accordance with the following:
1) Eligibility Requirements
a) The City Manager has the sole discretion to determine if a Move Up or Temporary Assignment is needed and has the sole authority to deny or approve assignment, without any right to grievance or appeal.
b) The employee appointed to work in a Move Up or Temporary Assessment must be capable of handling the major duties of the higher level classification without any more supervision than an employee who regularly works in the higher classification. c) To be eligible for Move Up or Temporary Assignment, the employee must be required to work more than five (5) working days in succession in the higher classification.
d) Should an employee be hired to fill a higher classification position during a period of Move Up or Temporary Assignment, the employee's time worked in a higher classification shall not count toward the completion of probationary requirements for the higher classification, unless expressly established as a condition of hiring 2) Amount of Move Up or Temporary Assignment Pay
a) An employee shall receive compensation equal to ten percent (10%) above the employee's regular base salary, for work performed within the scope and responsibilities of the higher classihcation and will continue to receive the additional pay for the duration of assignment. Base salary is defined as the base salary paid to the employee without additions for overtime, medical insurance, longevity, expense or other benefits.
b) In no event shall the employee receive an amount greater than the base salary for the maximum step for the higher classification.
c) An employee shall not receive any other benefit assigned to the higher classification that they are not already receiving.
d) While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee's regular position. 3) Move Up or Temporary Assignment Pay Does Not Apply to the Following:
a) The mere performance of certain portions of the higher position or assisting with certain duties of the position is filled.
b) Where the temporary assignment is a replacement of an employee on vacation.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to lune30,2022

c) When the City has activated the Emergency Operations Center (EOC). When the EOC is activated, all public employees are declared to be disaster service worksrs subject to such disaster service activities as may be assigned to them by their superiors or by law. During a time of emergency, employees may work modified job duties and/or may be asked to take on tasks outside of their normal responsibilities to work in support of emergency operations and such activities and/or duties are not eligible for Move Up or Temporary Assignment Pay.

3.16 WITNESS AND JURY DUTY PAY
Required court time for off-duty regular full-time City employees shall be treated as overtime, with the minimum time being two (2) hours for any one day. This section shall not apply to any on-duty employees. This section shall apply only in court cases dealing with the scope of employment and shall not apply in cases of a personal or non-job related court action.

Every classified employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself or herself from his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. Said employee shall continue to receive his/her full compensation from the City while serving on such jury duty, but shall reimburse the City the amount of daily per diem fees (exclusive of travel expenses) paid to such employee while acting as a juror.

3.I7 STANDBY PAY
Only the City Manager or Acting City Manager may order standby status. When on standby status, an employee shall be required to be on call during normal time off, accessible by telephone or other agreed upon electronic device and available to report to work immediately.

The City agrees to pay two hours of straight time pay, or the employee may elect to take two hours compensatory time, per twenty-four (24) hour period or portion thereof in excess of four (4) hours when any miscellaneous unrepresented employee is required to-be on call on a standby basis at home during normal time off. This does not include informal alerts or requests to keep the City Manager or Acting City Manager advised of whereabouts during possible emergencies.

An employee on standby status must be in physical condition to adequately to perform his/her duties and must not have consumed any alcoholic beverage or taken medication or other substance that might, in any way, hinder performance of his/her duties.

13.8 PAID REST AND RECOVERY TIME
An employee who is required to work after 8:00 p.m., and is scheduled to work the following day, that employee may report to work two (2) hours later and that employee will be paid their regular wage for two (2) hours.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022

SECTION 4

LEAVE REGULATIONS

4.I ANNUAL LEAVE:

Annual leave for regular full-time employees and regular part-time employees is inclusive of all leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave, and can be used for vacations, personal time off, sick leave purposes and other time away from work consistent with the terms of this section. The use of annual leave for ooSick Leave Purposes" means 1) time off to diagnose, care or treat an existing health condition, or for preventive care for the employee or for the employee's child, spouse, domestic partner, parent, parent of employee's spouse or domestic partner, grandparent, grandchild, or sibling; and 2) time off for employees who are victims of domestic violence, sexual assault, or stalking may also use annual leave to seek medical attention, obtain services from a shelter or crisis center, obtain counseling, or go to court.

Employees covered in this Conditions of Employment, who has served less than thirty (30) days within a year of the commencement of employment in the service of the City are not eligible for annual leave.

4.2 ANNUAL LEAVE BANK ACCRUAL:

Eligible employees will accrue annual leave time based on years of service in accordance with the following established schedule :

4.3 LEAVE BANK SCHEDULE
(Days on leave bank schedule are figured as eight (8) hour days) Years of Service Accrual
One through three
Four through six
Seven through ten
Eleven
Twelve
Thirteen through fifteen
Sixteen through eighteen
Nineteen or more
Thirty years (longevity benefit)
144 hours (18 days)
160 hours (20 days)
184 hours (23 days)
192 hours (24 days)
200 hours (25 days)
208 hours (26 days)
224hours (28 days)
232 hours (29 days)
24 additional hours 3 additional days
At the beginning of each fiscal year eligible employees will receive a leave bank equal to his/her annual leave entitlement.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1
, 2021 to htne 30,2022

Employee's annual leave entitlement for his/her first year of employment shall be based on the number of full months that employee will work for the City prior to the July 1 following their date of hired. For example, if an eligible employee's first day of employment is December 15, her/his annual leave entitlement for their year of employment will be 50Yo of 144 hours, which equals 72 hours. However, the amount of the leave bank entitled for the first year of employment will not be less than twenty-four (24) hours or three (3) days, whichever is greater. The first year amount of annual leave will be uedited to the employee's leave bank after the employee completes thirty (30) days of employment in the service of the City. The amount of annual leave credited to the employee's leave bank for their first year of employment will not be subject to the maximum leave bank accumulation as provided in section 4.3
Effective the July 1 following the employee's date of hire, and every July 1 thereafter, employees will receive a leave bank equal to his/her annual leave entitlement.

Regular part-time employees who work less than full-time, but are scheduled to work more than 1040 hours ayear are eligible for annual leave benefits, and shall be credited leave bank time on a prorated basis.

In the event one or more municipal holidays fall within anauthorized leave with pay, such holidays shall not be charged as leave, and the leave shall be extended accordingly.

Upon termination of employment with the City, the cash value of any unused leave time in excess of that which would have been earned had it been granted on a pro-rated monthly basis and other outstanding obligations due the City shall be deducted from the final payment to the employee.

Accrued leave time can be taken off prior to the date of retirement and used to delay final date of employment if it is requested in writing and approved at least thirty (30) days prior to the scheduled date that such leave would begin.

4.3 LEAVE ELIGIBILITY:

Employees are eligible to use annual leave benefits on their ninetieth (90'h) day of employment.

4.4 NOTIFICATION FOR USE OF LEAVE BANK:

Except for annual leave used for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:

Employees are required to make written requests through the appropriate supervisory channels for the use of accrued leave time. The written request shall be submitted at least two (2) full working days in advance for leave requests of up to four (4) working days; for leave requests of five (5) working days or more, the written request shall be submitted at least ten (10) working days, but not earlier than ninety (90) calendar days, prior to the beginning date of the requested leave. No Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I , 2021 to June 30, 2022

use of accrued leave time or related absence is authorized until the employee's written request is approved in writing.

Leave periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and personal preference. The City will make every effort to give maximum possible advance notice to the affected employee in the event scheduled leave must be cancelled or modified due to the needs of the service.

Where use of accrued leave time is requested for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:

Where the need to use annual leave for Sick Leave Purposes is foreseeable, employees must provide reasonable advance notice, orally or in writing, to their supervisor or Human Resources.

If the request for the use of five (5) or more days of leave time is related to plan medical treatment, when possible the employee should make the request for use of leave time at least ten (10) working days in advance. When the need to use annual leave for Sick Leave Purposes is not foreseeable, is being used in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, employees are required to notiS their supervisor or Human Resources, orally or in writing, as soon as practicable.

4.5 UNAUTHORIZED LEAVE
An employee's absence shall be unauthorized if the employee does not report his or her absence to his or her supervisor or Human Resources as required under section 4.4.

4.6 LEAVE BANK ACCUMULATION
A maximum of one hundred and twenty hours (15 days) of leave accrual will be the maximum allowed for carry-over at the end of a fiscal year, provided however, if at the end of year there are any leave bank hours over 120, the hours will be carried over and a commensurate number of hours shall be deducted from the employee's annual accrual in order that the maximum leave bank accrual not exceed an employee's annual accrual plus 120 hours.

4.7 LEAVE BANK CASH-OUT/OPTIONS

1. Each employee may cash-out up to eighty (80) hours of any unused leave hours accrued at the beginning of the fiscal year, provided the employee retains an accrued leave balance of at least forty (40) hours in their leave bank. Compensation for such cash-out of unused accrued leave hours will be based on the employee's existing salary at the time the request is made.

2. Further, each employee may direct that all or any portion of the allowed cash-out amount be used to buy benefits offered under the Flexible Benefit Program.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 20211o June30,2022

4.8 TREATMENT oF ACCRUED LEAVE UPoN TERMINATIoN
At the time of termination of employment, employees shall be paid the cash value of all unused accrued leave hours based on the employee's then existing salary rate; or, in the alternative, the employee may exercise the option to invest the cash value of such unused accrued leave hours in the Employee Flexible beneht Program.

If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, his or her request for the City to "hold" payment of his or her accumulated leave until the following year. Such request must be submitted in writing in advance of the date of retirement and requires written approval by the City Manager before any disbursement can be made.

4.9 CATASTROPHIC EVENT:

In the event an employee in this group suffers a catastrophic event, e.g. serious illness, and there is not a suffrcient leave balance to cover the employee's absence from the workplace, upon written request to the City Manager, an advancement of up to thirty (30) days of leave may be granted, with the understanding that it will be reimbursed to the City on a day-for-day basis from future allocated leave or reimbursed to the City as outlined under Section 3.6 Outstanding Obligations Upon Termination.

4.IO UNPAID LEAVE:

Leave of A Without Pav
The City Manager may grant a regular or probationary employee leave of absence without pay or accrual of employment benefits, such as paid time off or seniority, for reasons other than pregnancy, disability or family care leave, for a period not to exceed ninety (90) days. No employee shall be authorized leave without pay if said employee has accrued leave or compensatory timeoff accrued on the books of the City. After ninety (90) days, the leave of absence may be extended if authorized by the City Council.

No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon retum to duty following expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration shall be cause for discharge. The depositing in the United States mail of a first class letter postage paid, addressed to the employee's last known place of address shall be reasonable notice.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June30,2022

Department heads may grant a regular, or probationary employee leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the Human Resources/Risk Manager.

No leave shall accrue to any employee during any full biweekly pay period in which the employee is on an authorized leave without pay in excess of five (5) days. Employee on leave without pay may also be responsible for full payment (employer and employee portion) of insurance premiums for insurance coverage during such leave. Benefits shall be continued at City expense during the first thirty (30) days of such leave.

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Statutorv Familv and Medical Leave
Eligibility
The City provides eligible employees the opportunity to take unpaid leaves of absence for specific reasons in accordance with California's Moore-Brown-Roberti Family Rights Act (CFRA) and the federal Family and Medical Leave Act of 1993 (FMLA). To be eligible for FMLA/CFRA Leave, an employee must (1) have worked for the City for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve months preceding the leave.

2. FMLA Leave
a. Permissible Uses
"Family cate leave" may be requested under the FMLA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, or parent. "Medical leave" may be requested under the FMLA for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider. "Quali$ing exigency leave" may be requested under the FMLA for qualiffing exigencies arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. "Qualiffing exigencies" include certain absences related to short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities. Employees may contact the Human Resources/Risk Manager or her or his designee for more information about what qualifies as a "qualifuing exigency."
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1
, 2021 to June 30,2022
Page l8
a
a
"Military caregiver leave" may be requested under the FMLA to care for a "covered service member" if the employee is a spouse, child, parent, or next of kin of the "covered service mgmber." A "covered service member" is:
a member of the Armed Forces, including the National Guard and Reserves, who, because of a serious injury or illness incurred in the line of duty while on active duty that may render the member medically unfit to perform the duties of the member's offrce, grade, rank, or rating, is: (1) undergoing medical treatment, recuperation, or therapy; (2) in outpatient status; or (3) on the temporary disability retired list; or
a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
b. Amount of FMLA Leave Available
Provided all the conditions of this policy are met, an employee may take a maximum of twelve (12) weeks total of family care leave, medical leave, and qualifuing exigency leave under the FMLA in a l2-month period. This l2-month period is measured backwards from the date the employee's family care leave, medical leave, or qualifuing exigency leave under the FMLA commences. Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the FMLA in a l2-month period for the birth, adoption, or foster care of their child.

Provided all of the conditions of this policy are met, an employee may take up to 26 weeks total of a combination of all leaves under the FMLA during a 12-month period (up to 12 weeks of which may be for FMLA leave other than military caregiver leave). The l2-month period used to measure this entitlement will commence upon the first use of military caregiver leave under the FMLA for a covered service member's particular injury.

3. CFRA Leave
"Family care leave" may be requested under the CFRA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, domestic partner as defined in California Family Code Section 297, or parent. "Medical leave" may be requested for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.

Provided all ofthe conditions of this policy are met, an employee may take up to twelve (12) weeks of leave under the CFRA during a 12-month period. This l2-month period is measured backwards Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to Jlur:'e30,2022

from the date the employee's family care leave or medical leave under the CFRA commences.

Spouses who are both employed by the City may take amaximum combined total of twelve weeks of family care leave under the CFRA in a l2-month period for the birth, adoption, or foster care of their child.

Family care leave and medical leave under the CFRA typically run concunently with family care leave and/or medical leave under the FMLA.

4. Intermittent Leave
FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child generally must be taken in blocks of at least two (2) weeks' duration; however, the City will provide employees with family care leave for birth, adoption, or foster care placement for periods of less than two (2) weeks duration on any two (2) occasions. FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child must be concluded within one (1) year of the birth, adoption, or placement.

Qualifuing exigency leave under the FMLA may be taken on an intermittent or reduced schedule as required by the qualifuing exigency.

FMLA/CFRA Leave for any other reason may be taken intermittently or on a reduced schedule where medically necessary. If FMLA/CFRA Leave is authorized to be taken intermittently or on a reduced schedule, the City retains the discretion to transfer the employee temporarily to an altemative position with equivalent pay and benefits which better accommodates the employee's leave schedule.

5. Substitution of Paid Leave
Employees are required to substitute accrued paid time off, including accrued compensatory time off, for all FMLA/CFRA Leaves, except that employees can retain a five (5) day balance of accrued paid time off.

If the employee is receiving payments from State Disability Insurance ("SDI") while on FMLAiCFRA leave, the accrued paid leave time will only be used in an amount which supplements the SDI payment such that the employee receives the full amount of his or her regular compensation as an active employee.

The substitution of paid leave time for FMLA/CFRA Leave does not extend the total duration of FMLA/CFRA Leave to which an employee is entitled. For example, if an employee has accrued two (2) weeks of unused paid vacation time at the time of the request for medical leave under the FMLA/CFRA, that paid vacation time will be substituted for the hrst two (2) weeks of FMLA/CFRA Leave, leaving up to ten (10) additional weeks of unpaid FMLA/CFRA Leave.

6. Leave's Effect on Pay
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June30,2022
Page20
Except to the extent that other paid leave time is substituted for FMLA/CFRA Leave, FMLA/CFRA Leave is unpaid.

7. Leave's Effect on Benefits
During an employee's FMLA/CFRA Leave, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave. Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave.

In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will noti$' the employee of such failure and, if payment is not made, terminate the coverage.

If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control, the City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave.

Employees on FMLA/CFRA Leave accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.

8. Procedure for Requesting Family Care and Medical Leave Notice
Employees should notiff the Human Resources/Risk Manager of their request for FMLA/CFRA Leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee shall provide thirty (30) calendar days' advance written notice to the Human Resources/Risk Manager of the need for FMLA/CFRA Leave. For events that are unforeseeable thirty (30) days in advance, but are not emergencies, the employee must notifu the Human Resources/Risk Manager, in writing, as soon as he/she learns of the need for the leave, ordinarily no later than one (1) to two (2) working days after the employee leams of the need for the leave.

If the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of the City's business.

If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to deny the taking of the leave.

All requests for FMLA/CFRA Leave should include anticipated date(s) and duration of the leave.

Any requests for extensions of an FMLA/CFRA Leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family care or medical leave.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to lune 30,2022

Certihcation
Any request for FMLA/CFRA Leave must be supported by proper certif,rcation of the need for leave. For foreseeable leaves, employees must provide the required certification before the leave begins. When this is not possible, employees must provide the required certihcation within fifteen (15) calendar days after the City's request for certification, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. Failure to provide the required certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required certification within fifteen days of being requested to do so may result in a denial of the employee's continued leave. Any request for an extension of the leave also must be supported by an updated certification.

Certification of family care leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the health care provider's estimate of the amount of time needed for family care; and (4) the health care provider's assurance that the health care condition requires family care leave.

Certification of medical leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) a statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position; and (a) in the case of intermittent leave or revised schedule leave where medically necessary, the probably duration of such a schedule. In addition, the certificate may, at the employee's option, identifu the nature of the serious health condition involved. If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City's choosing at the City's expense. If the employee's health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City's expense, performed by a mutually agreeable doctor who will make a final determination. Before permitting the employee to return to work, the City may also require the employee to provide medical certihcation that he or she is able to return to work.

Certification of a military caregiver leave under the FMLA shall be either (1) an appropriate medical certihcation from an authorized health care provider or (2) a copy of an Invitation Travel Order or Authorization issued by the Department of Defense.

The nature and format of the certification of a quali$ing exigency leave under the FMLA will vary depending on the nature of the qualiffing exigency, and will typically include a copy of the active duty orders for the employee's spouse, son, daughter, or parent.

9. Leave's Effect on Reinstatement
Employees returning from FMLA/CFRA leave are entitled to reinstatement to the same or comparable position consistent with applicable law, provided that the total period of the Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to lune30,2022
Page22
FMLA/CFRA Leave does not exceed the employee's maximum leave entitlement as described above.

Employees who take medical leave under the FMLA/CFRA for their own serious health condition must provide medical certifications verifuing that they are able to return to work in the same manner as employees who return to work from other types of medical leave.

Preenancv Disabilitv Leave (PDL)
Under the California Fair Employment and Housing Act (FEHA), if an employee is disabled by pregnancy, childbirth or related medical conditions, she is eligible to take a pregnancy disability leave (PDL). If an employee is affected by pregnancy or a related medical condition, she is also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.

The PDL is for any period(s) of actual disability caused by pregnancy, childbirth or related medical conditions up to four (4) months (or eighty-eight (88) work days for a fulltime employee) per pregnancy.
o
The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.

Time off needed for prenatal care, severe moming sickness, doctor ordered bed rest, childbinh, and recovery from childbirth would all be covered by the PDL.

Except as other specifically provided in this section, generally, the City is required to treat pregnancy disability the same as the City treats other disabilities of similarly situated employees. The leave will be unpaid.

Employees on PDL will be required to obtain a written certification from their health care provider of the pregnancy disability or the medical advisability for a transfer. The certification should include:

The date on which the employee becomes disabled due to pregnancy or the date of the medical advisability for the transfer;
the probable duration of the period(s) of disability or the period (s) for the advisability of the transfer, and
a statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of the position without undue risk to herself, the successful completion of the pregnancy or to other persons or a statement that, due to your pregnancy, the transfer is medically advisable. a
a
a
1 2
J
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to lune 30, 2022
Page23
At the employee's option, any accrued paid time off may be used as part of the pregnancy disability leave before taking the remainder of the leave as an unpaid leave. However, taking paid time off during the period of the pregnancy disability leave does not extend the maximum time allowed for such leave. Employees may also be eligible for state disability insurance for the unpaid portion of the leave.

Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments she will accrue employment benefits on a pro rata basis.

An employee who is on a leave of absence for a period in excess of two (2) months must notify the Human Resources/Risk Manager by the end of each month thereafter both of the status of the disability and the employee's continued intent to work once the employee recovers from the disability. An employee returning from an absence shall be required to provide a physician's certification that indicates that she is fit to return to work.

An employee who returns to work at the end of a leave of absence due to pregnancy, childbirth or related medical condition will be returned to her former position, if possible, or will be offered the first available opening in a comparable position for which she is qualified.

An employee who returns from a leave of absence due to pregnancy will be credited with all service prior to the commencement of her disability.

An employee who fails to report for work at the end of an approved leave will be deemed to have voluntarily resigned.

During an employee's approved PDL, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave, for up to four months. Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave. In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will notify the employee of such failure and, if payment is not made, terminate the coverage. The City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave if the employee fails to return from the PDL for a reason other than one of the following: (1) the employee takes FMLA/CFRA Leave; (2) the continuation, recurrence or onset of a serious health condition or serious injury or illness within the meaning of FMLA/CFRA; or (3) other circumstances beyond the employee's control as provided by law.

Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to June30,2022
Page24
Paid Familv Leave
Employees who are covered by the state's SDI program will be eligible for reimbursement for up to six (6) weeks during a twelve (12) month period of qualifring unpaid leave, for the purposes of bonding with a newborn child (up to one (1) year from birth or adoption), or to care for a family member or domestic partner.

An employee who is eligible for SDI benefits may only become eligible for PFL benefits after SDI benehts are no longer being paid. SDI benefits are payable when an employee is disabled for a non-work related reason, which may include pregnancy; PFL benefits are for baby bonding and for providing care to a family member.

Once an employee is no longer disabled, and (in the case of pregnancy) has given birth, her SDI benefits may cease and she may apply for baby bonding benefits under PFL.

Once an employee applies for PFL, there is a seven (7) day unpaid waiting period before the employee may start receiving benefits. However, an employee who previously served a waiting period before receiving SDI benefits will not have to serve another waiting period before receiving PFL benefits. Employees may use their accrued paid time off during the seven (7) day waiting period.

Paid Family Leave is administered by the State of California and may be modified by the State from time to time.

4.II DEATH OR CRITICAL ILLNESS IN IMMEDIATE FAMILY BEREAVEMENT LEAVE
An employee eligible for benefits, upon the necessity of his absence being shown to and with the consent of the City Manager, may be allowed to be absent from the duties of his/her position and to receive full compensation during such absence for bereavement leave. Eligible City employees shall be entitled to bereavement leave, in addition to any other leave, to provide up to three (3) working days per year with pay in the case of death or of critical illness where death appears eminent. This time shall be in addition to accrued leave time or compensatory time. The City shall cooperate with the employee in providing time off, using accrued leave time, or compensatory time, for any additional bereavement needs if the three (3) days bereavement leave has been used.

Such benefit shall apply to all immediate family members, to include spouse, child, brother, sister, parent (including step family and in-laws), grandparents and grandchildren when the relationship of the person to the employee warrants such use of bereavement leave. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to his/trer department head.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1 , 2021 to June 30,2022
Page25
Such leave of absence shall not be allowed in any case where, in the preceding six (6) calendar months, a leave of absence for the critical illness of that same relative has been granted. Such bereavement leave is not cumulative from year to year.

Leave to attend the funeral of a co-worker will be acceptable to the City upon Department Head approval consistent with maintenance of operations. Such leave is considered leave with pay and not charged to any other leave.

4.I2 CONFLICT OF LAWS
In the event of any conflict between the provisions of this Conditions of Employment and Federal or State laws, such Federal or State laws shall prevail.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June30,2022

SECTION 5

5.1 LEGAL HOLIDAYS
The City has established the following schedule of days that shall be observed as legal holidays by all affected employees, at which time the City's administrative offices will be closed. The City observes twelve holidays. Three floating holidays are included in the leave bank.

A.

January lst
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 1lth
4th Thursday in November
4th Friday in November
December 25th
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day
B
C
Additionally, the following days shall be observed as legal holiday: The day before or after Christmas Day and day before or after January 1't.

When a holiday falls on a Saturday or Sunday, the preceding Friday or the following Monday respectively shall be observed as the legal holiday. If the holiday falls on an employee's flex day, the flex day may be rescheduled within the same work week.

Rescheduled flex days off that are rescheduled because a holiday falls on that day are subject to prior approval by the Department Head and appropriate notification to the Administrative Services Department.

D Observance of a legal holiday on a Friday or Monday, at which time the City's Administrative offices will be closed, will not create overtime or the loss of time from an employee's leave bank if the holiday falls on a regularly scheduled flex day. The hours for any given holiday will relate to the number of hours of the employee's regular scheduled work day for that particular day.

Nothing in this Conditions of Employment shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of Califomia or the City Council.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to lune 30, 2022
Page27
SECTION 6

WORKERS' COMPENSATION INSURANCE
The City will provide workers' compensation benefits when an employee is injured on duty arising out of and in the course of employment. Workers' Compensation coverage is currently through the Califomia Joint Powers Insurance Authority.

For a period not to exceed six months, commencing with the first day following such injury, while a full-time City employee is totally disabled from industrial injury and on accepted workers' compensation status, employee shall be compensated in an amount equal to such employee's base wages at the time of such disability, less the aggregate of (a) any workers' compensation benefits, and (b) any other disability payments made to such employee. Such payment shall be limited to said six month period or until such employee is retired on permanent disability or terminated from the City's employment, whichever comes first.

An employee shall be entitled to benefits at the normal rate if the employee is on accepted workers' compensation status and in a pay status for up to six months as defined above.

The workets' compensation carrier of the City reserves the right to subrogate if a claim is filed by an employee against a third party.

SECTION 7

RETIREMENT PROGRAM
A The City shall continue to participate in the California Public Employees Retirement System (CaIPERS). Under CaIPERS, the City provides the 2%@55 Miscellaneous Plan formula for all employees who are "classic members" as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA). For all "new members" as defined by PEPRA, the City provides the 2%@62 formula. Employees of the City who are hired on or after January 1,2013 who classified as new members under PEPRA are subject to the other CaIPERS terms and conditions set forth in PEPRA.

Effective the first pay period after the City Council approve the resolution changing the payment and reporting value of Employer Paid Member Contributions (EPMC), affected employees' retirement contribution shall increase by one percent (l%). Additionally, the affected employees shall have their base wages increased by one and six tenths percent (t.60%).

City employees who are considered as "classic" employees (employees hired on or before December 31,2012) shall share inthe cost of CaIPERS coverage through payroll deduction as follows:

B
C.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30,2022

a Three and one-half percent (3.5%) of normal contribution of the Employer Paid Member Contribution (EPMC) and Four and one-half percent (4.5%) 'ocompensation eamable" by employees to the employer contribution will be considered to be a contribution towards the normal cost as defined under PEPRA.

D Employees who are hired after January I,20I3 and are new members under PEPRA, shall pay the full member contribution amount which is currently 6.5Yo of "compensation earnable." However, new members will not contribute toward any portion of the required employer contribution.

E. The City shall continue to report the value of the EPMC on all reportable compensation subject to CaIPERS for all employees in Management as adopted by Resolution5761.

SECTION 8

H EALTH/D E NTAL B EN E FI TS

FLEXIBLE BENE FIT PROGRAM

8.1 LIFE, HEALTH AND DENTAL BENEFITS
The City will maintain a life insurance progftlm providing a $50,000.00 term life insurance policy for the miscellaneous unrepresented employee only, the beneficiary to be designated by said employee. The cost of the premium for this policy to be paid in full by the City.

Employees retiring with 20 years or more of continuous service with the City and enrolled in the City's group life insurance program at the time of retirement, may continue to be covered in the City's group life insurance program at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.

The City will maintain the current health insurance program with the Public Employees Retirement System (PERS) Medical and Hospital Care Act pursuant to Government Code Section 22850. The health insurance program shall be available to all regular full-time employees and retirees as follows:

Each eligible employee or retiree may select a health insurance carrier providing coverage in the Carpinteria geographic area, as defined and provided by PERS and currently in effect and on file in the City Human Resources Ofhce.

Beginning the first paid pay period in January 2018, employees will pay by payroll deduction a monthly contribution to their health insurance premium (employee and dependents) in an amount equal to .00029% of their annual base salary times percentage of insurance carrier premium increase with a minimum of five percent (5%), and a maximum of thirty percent (30%). The five percent (5%) minimum increase shall apply A.

B
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to lune 30, 2022
Page29
PPO insurance premium
HMO insurance premium
Premium difference
HMO premium cost share
Plus premium difference
every year, i.e. over the 3 year agreement the minimum is fifteen percent (15%). The maximum increase shall be thirty percent (30%) at any time during the agreement.

HMO insurance example: Employee's annual base salary is $50,000 assuming 5Yohealth insurance carrier premium increase:
550,000 x.00029 x 1.05 =$15.22
In the event the Blue Shield Access + HMO plan is no longer available to City employees, the most similar HMO plan will be substituted for purposes of this provision.

Employees who elect the Preferred Provider Organization (PPO) plan will be using the same HMO formula above plus the difference between the premiums of HMO and PPO Plans. For example: Employees annual base salary is $50,000.00. $620.30
$613.20 $ z.to
sts.22
$ 7.10
I
Total PPO Employee Cost share : $22.32
In addition, a Health Care All Employee Committee will continue to evaluate options for the provision of health insurance. The City will schedule these Committee meetings as appropriate in 2018 and, if needed,2019. However, the City will not initiate any changes to the currently existing health insurance plans during the term of this Conditions of Employment without the agreement of the Management Staff.

Health insurance coverage for newly hired employees will commence on the first day of the month following one full month of employment. If hired prior to the 15th day of the month, the month of hire will count as a full month of employment and coverage will be effective the first day of the following month. If hired after the 15th day of the month the month of hire will not count as a full month and the following month will be the first full month of employment.

For covered employees who terminate during the fiscal year, such health insurance coverage shall end on the last day of the month following when said termination becomes effective, except that the provisions of COBRA may be applied at the employee's option.

Covered employees who retire from the City under PERS may, at their option, continue such coverage without interruption pursuant to the provisions of the PERS Health Program.

The City will provide I00%o of the premium charged to maintain a Dental Insurance Plan for each employee in the Miscellaneous Unrepresented group where appropriate, for C
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022

dependent coverage. The City will retain control over the administration of the dental insurance program subject to maintenance of equivalent benefits to the extent it is within the control of the City.

8.2 DENTAL INSURANCE:

The City will provide l00Yo of the premium charged to maintain a Dental Insurance Plan for miscellaneous unrepresented employees and, where appropriate, dependent coverage. COBRA benefits may be applied at the employee's option. Dental coverage will commence on the first day of the month following one full month of employment.

8.3 FLEXTBLE BENEFIT PROGRAM (WELLNESS) ALLOWANCE:

In addition to the Health Insurance Program, active regular employees with three or more months of active service with the City shall be credited with a Flexible Benefit Program Allowance in the amount of $1,162 for each calendar year. The City will increase the $1,162 allowance by 2% annually beginning January 1,2018 during the term of this Agreement. Effective January 1, 2022, the allowance is $1,284 (rounded up from $1,283.16).

In addition to the Health and Dental Insurance Programs, miscellaneous regular full time employees will be eligible to receive an annual Flexible Benefit Program schedule allowance above following one full month of employment. This benefit is based on a calendar year and the allowance will be pro-rated to the first day ofthe month following one full month of employment. (1) The purpose of the Flexible Benefit Program is to provide reimbursement to the covered employee for eligible medical and health-related costs not otherwise covered by health insurance or subject to reimbursement from any other source or to participate in other benefits provided by the Flexible Benefit Program. Payment of medical costs, not covered by insurance, must be prescribed by a physician or determined by the Internal Revenue Service (IRS) to be an eligible health-related expense.
(2) In addition to reimbursement for eligible medical and health related costs and dependent care, the employee will have the option to purchase benefits offered through the Flexible Benefit Program up to the allowance schedule. The level of participation in benefits provided by the Flexible Benefit Program will be at the option of each employee. Employees may cash out up to $810 of the Flexible Benefit allowance, subject to applicable payroll taxes. The balance must be used for health-related expenses.
(3) Reimbursement for bona fide health-related expenses, which may be eligible expenses under the Flexible Benefit Program may be subject to payroll taxes unless related to a particular medical condition and so prescribed by a medical doctor.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022

(4) The City will revisit the annual Wellness Allowance taking inflation into consideration.

8.4 OUTSIDE COVERAGE OPTION:
(1) The employee is not required to select or participate in any health/dental insurance program provided by the City, but such employee must provide satisfactory documentation that he/she is covered by an alternative health/dental insurance program.
(2) Those employees with proof of health and/or dental insurance coverage who choose not to participate in the City's group health insurance and/or dental insurance program due to the availability of other coverage through a spouse's employer, the military, or other source, will receive, in addition to the Flexible Benefit Program allowance, abenefit allowance equal to fifty percent (50%) ofthe premium charged for the annual single coverage in the PERS basic HMO Plan available to this group of employees. An employee shall receive this benefit allowance as a one-time cash payment, with such payment subject to payroll taxes. (3) Those eligible employees who participate in the city's group health insurance program and have an eligible spouse or family dependents, but select single coverage and choose to cover any dependents under insurance offered through a spouse's employer, the military, or other source will receive, in addition to the employer contribution, the fully paid premium contribution balance for single health insurance coverage and the wellness benefit allowance as provided for in Section 8.3, plus an additional benefit equal to 50% of the allowance specified in the above section, 8.4 (2).

8.5 F'ITNESS PROGRAM:

The City will reimburse employees at the rate of thirty-one dollars and twenty cents ($31.20) per month for the employee's membership fee at an athletics club or fitness program approved by the City Manager.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1 , 2021 to June 30,2022
Page32
SECTION 9

SERVICE AWARDS
The City of Carpinteria has established appropriate service awards to recognize continuous service with the City at levels of five, ten, fifteen, twenty, twenty-five and thirty years. In addition, in recognition of long-time service of twenty-five and thirty years eligible employees are entitled to the following recompense:

Twenty Five Year Service Recognition
Upon completion of twenty-five years of continuous service, eligible employees will be entitled to two personal days of leave per fiscal year. The hours will not have a cash value nor will they accumulate to be carried over to the next hscal year. The use of the days as time off shall be subject to the regular request process.

Thirtv Year S Recosnition
Upon completion of thirty years of continuous service, eligible employees will receive a commemorative recognition gift and be entitled to have three additional days added to their existing leave bank hours.

SECTION IO

LIFE INSURANCE
IO.1 LIFE INSURANCE:

The City will maintain a group term life insurance policy for employee only, the beneficiary to be designated by the employee. The cost of the premium for this policy to be paid in full by the City. The coverage of such life insurance forthis classification of employee will be $50,000 subject to conditions of the providing life insurance company.

Employees retiring with 20 years or more on continuous service with the City and enrolled in the City's group life insurance at the time of retirement, may continue to be covered at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.

A.

B
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

SECTION 11

E D ACAT I ON/T RAI NING AND PRO F ESS I ONAL D E VE LO PM E N T

11.1 TRAINING PROGRAMS:

The City recognizes the importance of training programs and advancement of employees to higher skills and encourages employees to participate in programs to improve his/her performance on the job. All direct costs for all training or instruction required by the City shall be paid for by the City, provided however that no overtime shall accrue to employees for travel time to or from any training program conducted on a non-City site.

To the extent funding is available, the City shall provide for tuition and textbook reimbursement for regular full-time employees to a maximum of $200 per fiscal year Only educational course work required by the city and directly related to the affected employee's position with the City will be considered for reimbursement. Only costs for the books required for approved courses shall be deemed reimbursable. All application for reimbursement shall be approved by the City Manager prior to enrollment in the coursework. Reimbursement will be made upon written proof that the employee received a final grade of B or better or, in the case of a non-grade course received a Pass or Satisfactory final grade.

Meeting, travel and/or training expenses will be paid and/or reimbursed with prior authorization by the City Manager as described above and in conformance with the City's Travel and Expense Reimbursement Policy.

SECTION 12

MISC ELLANE OUS POLIC I ES
I2.I PHYSICAL EXAMINATION:

The City encourages all employees to have an annual physical examination as provided for under our health insurance benefits.

I2.2 DRESS AND DECORUM:

All employees shall observe professional standards of dress, and decorum considered suitable for general public contact based on current social standards as interpreted by the City Manager.

D
A.

B
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1 , 2021 to June 30,2022

While on duty, Code Compliance officers shall wear official City-issued uniforms. Field uniforms are not to be worn off duty. If a uniform is worn going to or from work, in order to not give the appearance of an employee being on duty when he/she is officially off duty, the City's uniform insignia must not be visible on public service uniforms.

C. Employees will comply with standards of dress consistent with the positive representation of the City government through its employees. Employees are also to comply with any uniform requirements and wear all safety apparel and equipment required for their position.

No dress codes other than the above standard are to be established in the various departments.

I2.3 EMPLOYEE RESPONSIBILITIES:

Each employee shall comply with all safety laws, rules and regulations and adopted polices of the City in performing the duties required of his/her position; and shall not willfully violate any of the provisions of the ordinances and resolutions which have been adopted andlor prescribed by the Carpinteria City Council or City Manager.

I2.4 DEATH BENEFIT:

The City shall pay a death benefit in the amount of One Thousand Dollars ($1,000) directly to the spouse or legal heirs of any affected employee within seventy two hours of the death of any affected employee as the result of any industrial injury or illness as defined by Cal OSHA Publication #120-A, sustained by such employee while on duty within the course and scope of his/her employment with the City of Carpinteria.

I2.S PARTICIPATION IN CITY.SPONSORED RECREATION PROGRAMS:

The City agrees to provide special employee rates to currently employed, regular full-time employees and their immediate family members who wish to participate in City-sponsored Parks and Recreation Department Programs. All fees are payable in advance of participation in the program. Requests for employee rates for City-sponsored programs should be in writing and approved by the Parks and Recreation Director and scheduled with the appropriate recreation program supervisor.
(1) Eligible employees will receive a fifty percent (50%) discount on tuition and registration only for City-sponsored recreation programs. Individual enrollees will be responsible for any ala carte activities scheduled in the programs, e.g. field and/or camping trips, movies, special meals, etc. A discount on recreation rental equipment is dependent upon availability.
(2) The annual fee for Community Pool Family Membership will be discounted Seventy-five percent (75%) The fee will include participation in the Masters' Program, Lap Swimming, Recreational Swimming and Water Aerobics.

A.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30,2022

12.6 EQUAL EMPLOYMENT OPPORTUNITTES
The City apply equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, pregnancy (including childbirth, breastfeeding and/or related medical conditions), sexual orientation, age, national origin, religion, political or religious affiliations,organization membership, marital status, ancestry, military or veteran status, medical condition (genetic characteristics, cancer or a record or history of cancer), gender, gender identity, or gender expression, genetic information, or any other characteristic protected by state, federal or local law. The City will not discriminate against a qualified individual with physical or mental disability with regard to employment.

The City commits themselves to the goal of equal employment opportunity in all City services encourages its employees to assist in the implementation of the City's Equal Employment Opportunity commitment.

I2.7 GRIEVANCEPROCESSING
A. Purpose

1. To promote employee morale and productivity by establishing a forum for resolving problems in the workplace by communication between employer and employee.

To provide a just and equitable method for resolution of grievances To afford employees, a systematic means of obtaining further consideration of problems after every reasonable effort through discussions has failed to resolve them.

To provide that grievances shall be settled as nearly as possible to the point of origin and shall be as informal as possible.

B. Grievance Defined
Grievance shall be defined as a claim by an employee or group of employees adversely affected by an alleged violation, misinterpretation or misapplication of department-wide policy or City rules, regulations, resolutions, ordinances, or memoranda of understanding applicable to the employee, except as follows:

Appeals of disciplinary actions of demotion, suspension, dismissal or probationary terminations.

B.
2 J
4 1
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1
, 2021 to June 30,2022

Management has the right to establish policies governing the operation of City departments. However, allegations also subject to the grievance procedure are those in which the complaint concerns an inconsistent application of policy where the inconsistency results in a denial of the employee's rights under those policies defined in "A" above.

C. Initiation of Grievance
No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within twenty (20) working days of the date the alleged activity/violation occurred or the date the employee became aware such activity/violation occurred.

In no event shall any grievance be accepted for consideration more than 6 months from the action or incident claimed as its basis regardless of the date of discovery. If the grievance is not presented within the time limitation herein provided, it shall be deemed not to exist.

D. Grievance Processing
The City may designate an ofhcer for the purpose of investigating and/or processing grievances.

Upon the request of the employee, the officer shall conduct and/or assist in the investigation, preparation and processing of grievances.

Prior to engaging in grievance handling, the officer shall notiS, his or her immediate supervisor of a request for assistance no later than five days prior to the requested time. The supervisor shall approve time for grievance processing during the scheduled work day hours prior to the steward or officer beginning the investigation, preparation and processing of grievances.

Both the officer and management will cooperate in expediting the grievance handling process. The employee and the offtcer shall be afforded reasonable grievance handling time to jointly handle the grievance. It is agreed that every effort will be made to resolve grievances in an informal and timely manner as the first step in this process.

E. Procedure
Step One
Any employee who has a grievance shall first try to settle it through discussion with their immediate supervisor without undue delay.

Every effort shall be made to find an acceptable solution at the lowest possible level of supervision.

The supervisor has seven (7) working days to respond to the grievant. Any grievance settled at this step shall be subject to the review and confirmation of the respective department head before the settlement may become effective. Such review will occur within seven (7) working days or the 2 Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

grievance shall automatically be moved to Step 2. In the event the department head does not confinn the settlement, the grievant may initiate Step 2 of this procedure.

Step Two
If a grievance is not settled in Step I or no response was forwarded to the grievant, he/she may file a formal grievance in writing to their Department Head within ten (10) working days after receiving the informal decision from their immediate supervisor or when decision was due. The grievant must submit his/her grievance in writing and must also explicitly specifu the policy or the particular section of the Conditions of Employment, rule, resolution, or ordinance the violation of which is being alleged as the basis for the grievance. The remedy requested must also be specihed.

No modifications in the violation being alleged shall be made subsequent to filing unless mutually agreed to by both the City and the grievant.

The Department Head, after receiving the formal grievance, has ten (10) working days to render a decision in writing.

Step Three
If the grievance is not settled or an answer not forthcoming in Step 2,the grievant may appeal, in writing, within seven (7) working days from the expiration of the time limit for such decision under Step 2 or within seven (7) working days from the receipt of the decision of the department head to the City Manager.

Within ten (10) working days from receipt of appeal, the City Manager, shall deliver a written decision to the grievant.

Step Four
If the grievance is not settled or disposed of at Step 3, the grievant may request the services of a mediator from the State Mediation and Conciliation Service.

The grievance will be settled through mediation and both parties will agree to abide by the decisions made in the mediation process.

Under no circumstances will grievances of any kind for any reason proceed beyond the mediation process.

12.8 DISCPLINARYPROCEDURES
A regular, non-probationary employee may be terminated involuntarily or otherwise disciplined for cause, including, without limitation, for violating the provisions of this agreement, poor performance, misconduct, excessive absences, tardiness, insubordination, dishonesty and submitting false or misleading time records or expense reimbursement forms. Without limitation, Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

disciplinary action may include oral or written warnings, suspension without pay, reduction in pay, being placed in a probationary status or termination. When appropriate, progressive discipline will be used, with the disciplinary action being taken dependent on factors including, the severity of the incident on which the disciplinary action is based, the disciplinary history of the employee, and the effect of the incident, act or omission on City services, reputation and other employees. However, the nature of the disciplinary action will depend on the particular circumstances involved, and is at the discretion of the City.

I2.9 CITY PROPERTY:

Desks, file cabinets, lockers, computers, tools and other equipment are property of the City and must be maintained in good condition in accordance with the City's policies, rules and regulations.

They must be kept clean and are to be used only for work-related purposes. If the City property is lost, or damaged, report it to your supervisor at once. No property may be removed from the premises without the prior authorization of your supervisor.

In order to ensure compliance with this provision and with the City's policies, rules and regulations, the City reserves the right to inspect all City property, without notice to the employee andlor in the employee's absence.

For security reasons, personal belongings of value should not be left in the workplace. The City is not responsible for lost or stolen personal belongings.

Employees should take reasonable steps to protect City property from theft. Employees should immediately inform management if theft of City property is suspected. However, employees should not attempt to stop the theft of City property if doing so poses any risk whatsoever of endangering the safety of the employee or others.

Immediately upon termination of employment, all property of the City (keys, tools, manuals, etc.) must be retumed to the City. All personal items should be removed at the time terminated employees leave the premises of the City. Unless otherwise agreed to in writing, if a terminated employee leaves personal items at the workplace, these items are subject to disposal if not removed within five (5) days of the date of the employee's termination.

I2.IO CELL USE PHONE POLICY:

The City may provide certain employees with cellular phones that are to be used only for offrcial City business. The City recognizes that employees may need to use their personal cell phone during working hours due to particular family or personal situations. Employees should limit the use of personal cell phones during working hours, to reasonably necessary communications, and use of a personal cell phone should not interfere with City operations or the performance of job duties. If an employee abuses the use of personal cell phone during working hours, at the City Manager, at his discretion, may require that the employee not use personal cell phones during working hours.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June30,2022

In compliance with California Motor Vehicle Code 23123, employees are not to dial any cell phone while driving, except to call a public safety agency. Employees may not receive incoming calls while driving unless the cell phone can be safely operated in a hands free mode. For employees with hands free cell phone operation, in the event an employee receivss an incoming call while driving, the employee should either safely pull off the road to converse, inform the caller that he or she will return the call, or ask the caller to call again to allow the employee to reach a place where it is safe to use the phone. While driving, employees are prohibited from using any cell phone to text message, read or send e-mail, or any similar operations. While driving, employees are also prohibited from engaging in any activity or conduct that would constitute distracted driving or otherwise constitute an unsafe driving practice.

I2.II FITNESS FOR DUTY EXAMINATION:

Whenever the City Manager, or the Human Resources/Risk Manager, believes that an employee is unable to perform the essential functions of their job safely due to illness or injury, or is unable to perform the essential functions of their job safely or without posing a danger to themselves or others, the City may require the employee to submit to an independent medical examination at the City's expense. Such medical examination will be limited to the issues or areas of concern regarding the employee's ability to perform the essential functions of their job. If, after the independent medical examination, the City determines that the employee cannot perform the essential functions of their job, or cannot perform such essential functions safely or without posing a danger to himself/herself or others, the employee will be given the opportunity to provide the results of a separate medical evaluation by a qualified health care provider selected by the employee, within fifteen (15) days of the employee's receipt of a medical evaluation from the City.

In the event of a difference of opinion between the City's and the employee's health care providers, the City may require a third opinion, at the City's expense, performed by a mutually agreeable health care provider who will make a final determination.

I2.I2 REASONABLE ACCOMODATION:

The City of Carpinteria is committed to ensuring equal employment opportunities for disabled applicants and employees. It is the policy of the City of Carpinteria to comply with the Federal Americans with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA"). Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. The City of Carpinteria will not discriminate against disabled employees. The City of Carpinteria provides reasonable employment-related reasonable accommodation(s) to permit an applicant or employee to perform the essential functions of the job, as defined by law, to qualified individuals with disabilities, and will engage in the interactive process within the meaning of the ADA and FEHA.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022

APPENDIX A
City of Carpinteria
Policy on Public Employee Personal Use of
Teleco mmunicatio n E q uip ment, E lectronic Mail, Voic e-M ail and other computer systems

PURPOSE
City-owned telecommunication equipment, computer hardware and software is intended to be used for business purposes. Electronic mail, known commonly as e-mail, is now a primary vehicle for communication in the workplace. As the use of e-mail increases, the need for a clear and comprehensive City's policy on personal use of City equipment becomes important to clari$r the rights and obligations of employees and as a protection from potential liability for employers.

POLICY
The City maintains and utilizes as part of its operations a computer system, including e-mail, and a voice-mail system. These systems are provided to assist employees in the conduct of the City' s business. All computers to the data stored on them, including e-mail, messages composed as well as all voice-mail are and remain at all times the property of the City. All remain the property of the City. Employees are prohibited from installing or downloading software onto the City's computer system except with the prior authorization of the Administrative Services Director.

Employees should attempt to limit voice-mail and e-mail messages to the conduct of the City's business. Use of the voice-mail and e-mail systems for the conduct of personal business is discouraged. The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate. Other use of computer systems, including use of the Internet and other telecommunicating capabilities, should be limited to the conduct of the City's business unless prior written approval is received from the employee's supervisor.

Except for the right of the City to access data stored on the computer system, including e-mail messages, and to access voice-mail messages as described in this policy, all data stored on the computer system and all messages sent by voice-mail and e-mail are considered to be confidential, and as such are to be accessed only by the employee storing the data, the addressed recipient or at the direction of the addressed recipient. Any exception to this policy must be approved by the Administrative Services Director.

The City reserves the right to retrieve and read arry data stored on the computer system and any message composed, created, sent or received on the voice-mail and e-mail systems, as well as Internet usage data, at any time, with or without advance notice to the employee. Although the computer system, including e-mail, and the voice-mail system may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be guaranteed. All passwords must be made known to the City, and passwords not known to the City may not be used. This is due to the need to access employees' computer systems, including e- Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022

mail, and voice-mail systems in the event that an employee is absent or when otherwise deemed appropriate by the City. Employees must therefore assume that any and all voice-mail and e-mail messages and all data stored on the computer system may be read by someone other than the employee storing the data or the intended or designated recipient, and understand the ultimate privacy of data stored on the computer system, including e-mail, and voice-mail messages, cannot be guaranteed to anyone.

The City's policy against unlawful harassment, including sexual harassment, and the City's antidiscrimination policy apply to employees' use of voice-mail, e-mail messages and screen savers as well as any other information transmitted over the City's computer system. Employees should not use any means of electronic communications in a manner that would violate those policies.

For example, employees may not communicate messages by computer, voice-mail or other electronic means that would constitute sexual harassment, ffidy not use sexually suggestive screen savers, and may not receive or transmit pornographic, obscene or sexually offensive material or information. As a further example, employees may not use electronic communications to transmit comments or images which are reasonably likely to offend someone on account of his/her age, sex, sexual orientation, race, religious beliefs, national origin, disability, or any of the other factors included in the Equal Employment Opportunity section of this Handbook. Any employee who uses any electronic communications device in a manner which violates this policy will be subject to disciplinary action, up to and including termination of employment.

DIGITAL DEVICES
Employees may not use any personal e-mail account or any digital or electronic device not owned by the City, including but not limited to any laptop computer, desktop computer, tablet computer, cellular telephone, personal digital assistant, or any other device capable of storing electronic information ("Digital Device") for City business without the City's prior written approval. Digital devices used by employees for City business may be subject to inspection to obtain City-related communications if requested under the Public Records Act.

APPLICATION
This policy applies to all employees with the City of Carpinteria.

The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to J:url'e30,2022

APPENDIX B

SUBSTANCE ABUSE POLICY
This policy sets forth the rights and obligations of City employees. Employees should familiarize themselves with the provisions of this policy because complionce with this policy is a condition of employment.

I. PURPOSE
The City of Carpinteria, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace. The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the effrciency of City operations. It is the intent of the City, in adopting this policy, to meet the requirement of the Drug Free Workplace Act of 1988 (41 U.S.C. Section 701-707).

II. POLICY
In recognitions of the duties entrusted to the employees of the City of Carpinteria and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Carpinteria adopts the following policy:

1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
d. prior to coming to work, so that the employee's performance is impaired.

The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled, under federal law.

The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek confidential assistance from the EAP counselor.
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Conditions of Employment for
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July 1, 2021to June30,2022

III. APPLICATION
This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform his/her job duties.

A copy of this policy will be provided to all City employees.

A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.

Violations of the policy may result in disciplinary action being taken, up to and including termination.

IV. DEFINITIONS
For the purposes of this policy:
"Illegal drugs" means any drug or controlled substance that is not legally obtainable or is legally obtainable but has not been legally obtained. Consistent with federal law, marijuana is considered an illegal drug, and consistent with the Federal DrugFree Workplace Act of 1988 and the California Drug-Free Workplace Act, the restrictions related to illegal drugs under this Policy also apply to marijuana.

A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources.

B. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:
1 The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
in the workplace;
while on City time;
in City vehicles or facilities except as defined in City's facilities use policies;
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d. prior to coming to work, so that the employee's performance is impaired.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to lune30,2022

2. Reporting for duty or remaining on duty while having an alcohol blood concentration level of 0.08 or greater.

Being on duty or operating a vehicle on duty while possessing alcohol Using alcohol while on duty.

Reporting for duty or remaining on duty when the employee used any controlled substances, except of the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.
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Reporting for duty or remaining on duty ifthe employee tests positive for controlled substances.

Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in
the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test.

A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:

A refusal to provide a urine sample for a drug test;
An inability to provide a urine sample without a valid medical explanation; A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
Tampering with or attempting to adulterate the urine specimen or collection procedure;
Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for post-accident controlled substances and/or alcohol test was not obtained.

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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to June30,2022

C. USE OF LEGAL DRUGS
The City recognizes that it may be necessary for employees to use legal drugs from time-totime. The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to perform or to perform safely would be compromised. Employee who knows or should know that their use of legal drugs might endanger their own safety or the safety of some other person, or pose a risk of significant damage to City property or the property of others, are obligated to report such use of legal drugs to Human Resources or the City Manager and obtain Human Resources' or the City Manager's consent to continue working. The City reserves the right to have a designated physician determine whether it is advisable for the employee to continue working while taking such drugs. The City further reserves the right to have the employee's physician certi$r that when returning from a leave of absence, the employee will not be using any legal drugs which might impair the employee's ability to perform the employee's job duties for the City.

If appropriate, the City may restrict the work activities of an employee who is using legal drugs or require that the employee take a leave of absence while taking such drugs. If the City permits an employee to work while using legal drugs, the employee still cannot report to work in any case if impaired by the use of the drugs if the impairment might endanger the employee's own safety or the safety of anyone else, pose a risk of significant damage to City property or substantially interfere with the employee's job performance or the efficient operation of the City's business. The City may require a medical certificate not medical diagnosis as a precondition to return to work.

D. CIRCUMSTANCE UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.

1. Drug and Alcohol Testing
Applicants receiving a conditional offer of employment for certain designated positions, e.g. lifeguards, swim instructors, swim coaches, shall be subject to a urine and/or blood test for the presence of illegal drugs or alcohol. The City may refuse to employ an applicant whose test results show the presence of illegal drugs or alcohol.

Applicants who are under a physician's care andlor are required to take legal drugs must notifu Human Resources or its designee of that fact in writing before the date of the pre-employment examination. This applies to initial appointment as a classified employee only, and not to promotion within the service.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021to June30,2022

2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
a. 'oReasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to a combination of: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattem of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
b. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing at'rd analyze the matter with Human Resources or the City Manager, and if they are unavailable, the Department Head. Any reasonable suspicion testing must be pre-approved by Human Resources or the City Manager, and if they are unavailable, the Department Head. c. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and Human Resources or the City Manager, and if they are unavailable, the Department Head, has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
d. Interview of Employee: An employee shall not be asked any questions without first being offered the right to have a representative present.

3. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident where reasonable suspicion indicators also exist to support the testing.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June30,2022

Alcohol: Post-accident alcohol test shall be administered within two hours following an accident and no test may be administered after eight hours.

Drug: A post-accident drug test shall be conducted within eight (8) hours following the accident.

An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) Any individual(s) receives an injury(s) requiring immediate hospital treatment, or (2) There is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.
(3) A DMV Traffic Accident Report is required, i.e. the estimate of damage exceeds $1,000 or the current DMV threshold and either law enforcement or, in the absence of law enforcement, Supervisor makes an on scene determination that the employee is at fault..

4. Return To Duty/Follow-up Testing:

A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.

E. EMPLOYEE RESPONSIBILITIES:

An employee:

Must not report to work, or be subjected to scheduled duty while hisftrer ability to perform job duties is impaired due to on or off duty alcohol or drug use. 2 Must not use, possess, sell, purchase, manufacture, dispense or distribute, transport drugs or alcohol;
a. in the workplace, or while conducting or performing City business, regardless of location, or while operating or responsible for the operation, custody, or care of City equipment or other property;
b. on City time;
1 c in City vehicles or facilities except as dehned in City's facilities use policies;
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

d. prior to coming to work, so that the employee's performance is impaired Must notiff his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective perfonnance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effective perform assigned duties while using prescribed drug, authorization form a qualihed physician may be required.

Must notifu his/her department head of any criminal drug or alcohol statue conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.

Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

7. Must notiff his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction. Off duty arrests or charges do not need to be reported and will not be used for disciplinary or employment purposes.

8. Must notifr hislher supervisor, before beginning work, when drugs (prescription or non-prescription) may interfered with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).

9. Who thinks he/she may an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor.

It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

F. MANAGERS'ANDSUPERVISORS'RESPONSIBILITIES
I Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.

Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).

When an employee is involved in an accident, or there is reasonable suspicion, managers and supervisor shall prevent the employee from engaging in further work, remove the employee from the workplace, and then take the employee for a drug and/or alcohol test within the timelines outlined in Section D.2 above.

Managers and supervisors will participate in appropriate training on alcohol and drug abuse evaluation. When based on their direct observation, it is suspected that an J
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Conditions of Employment for
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July 1, 2021 to June 30, 2022

5 employee may have illegal drugs, that manager would perform a written evaluation or request a trained evaluator to complete a written evaluation.

Managers and superuisors are responsible for complying with federal grant money including notification sanction associated with drug convictions or use of drugs in the workplace (41. U.S.C. Section 707-717).

PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND

ALCOHOL
Alcohol Testing:

Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. (Non-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered anegative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.

The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City of Carpinteria Drug and Alcohol Testing Policy Pursuant To Department of Transportation Regulations (49 CFR 40).

2. Drug Testing:

Drug testing will be considered pursuant to the same requirements as those required by the City of Carpinteria Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).

The urine specimen will be split into two (2) bottles labeled as primary" and "split" specimen. Both bottles will be sent to the lab; A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels. If the urinalysis of the primary specimen test positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost.

The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
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Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022

H.

If the test is positive for one or more of the drugs, a confinnation test will be performed using gas chrcmatography/mass spectrometry analysis; All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation f or the positive test result. If documentation is provided and the MRO determines that there was legitimate medical use for the prohibited drug, the test result may be reported to the City as
oonegative."

3. Confidentiality:

The confidentiality of records shall be maintained in the same manner as set forth in the City of Carpinteria Drug and Alcohol Testing Policy Pursuant to Department Of Transportation Regulations.

CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:

FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT.

UPON FAILING A REASONABLE SUSPICION AND/OR POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:

Will be removed from driving or operating any heavy or dangerous equipment; May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to including termination.

May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.

The employee may use leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation.

May not be returned to his/her position until the employee submits to a retum-to-duty controlled substances and/or alcohol test (depending on which test the employee d
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Conditions of Employment for
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July 1, 2021to June30,2022

failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances tes!
6 May be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position for a period of one year.

J. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the Human Resources/Risk Manager for the number of the current EAP provider.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

APPENDIX C

CITY OF CARPINTERIA

PROHIBITION OF

HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
A. PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, officers and officials, applicants, interns, volunteers and contractors with an environment that is free from any form of unlawful harassment, discrimination or retaliation as defined in this Policy and as provided under federal and state law. This Policy prohibits unlawful harassment or discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, military and veteran status, veteran status, marital status, age for individuals over forty years of age, medical condition, physical or mental disability (whether perceived or actual), genetic information, and any other factor made unlawful by federal, state, or local law.

It is also the policy of the City to provide a procedure for investigating and addressing complaints of alleged harassment, discrimination and retaliation in violation of this Policy. The protection from harassment and discrimination includes protection from retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy.

B. POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act canviolate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, contact a manager, department head, or the Human Resources/Risk Manager, and, if applicable, do not engage in the conduct and seek guidance from a manager, department head or the Human Resources/Risk Manager.

C. DEFINITIONS
^. Protected Classifications:

This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 20211o lune30,2022

citizenship status, military status, veteran status, marital status, age, medical condition and physical or mental disability (whether perceived or actual).
b. Policy Coverage:

This Policy prohibits City officials, officers, employees, intems and contractors from harassing or discriminating against applicants, officers, officials, employees, interns and contractors because:
(l) of an individual's Protected Classification, (2) of the perception that an individual has a Protected Classification, or (3) the individual associates with a person who has or is perceived to have a Protected Classification. Third parties such as visitors to City Hall are also prohibited from engaging such harassment or discrimination. Any such alleged harassment or discrimination should be reported immediately as provided in this Policy. c. Discrimination:

This Policy prohibits treating individuals differently or otherwise discriminating against an individual because of the individual's Protected Classification as defined by this Policy. d. Harassment:

By definition, harassment based on an individual's protected classification as defined by this policy, including sexual harassment, is not within the course and scope of an individual's employment with the City. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or interferes with work perforrnance.

Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an employee's Protected Classification. The following are some examples of behavior that can constitute harassment:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identifu a person on the basis of his or her Protected Classification. Verbal harassment may include comments on appearance and stories that tend to disparage those of a Protected Classifi cation.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a Protected Classihcation.
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022

for submission to physical acts, mimicking, taunting, or any physical interference with nonnal work or movement.
d. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, or verbal or physical conduct of a sexual nature (like name calling, suggestive comments, or lewd talk).
e. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There can be an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. To avoid possible claims of sexual harassment, if a supervisor or manager intends to enter into a romantic or sexual relationship with a subordinate employee, the supervisor or manager must inform the Human Resources/Risk Manager so that appropriate steps can be taken to minimize the risk of possible claims of sexual harassment.

D. RETALIATION
Retaliation against an employee who reports or provides information in good faith about harassment or discrimination is strictly prohibited, as is retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy. Any act of retaliation violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, *ittt..s or other participant in the complaint process include: (l) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.

Before a supervisor or manager attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transfening the complainant to another position or location, the supervisor or manager should contact the Human Resources/Risk Manager.

E. REPORTING . DISCRIMINATION RETALIATION
An applicant, employee, officer, official, intern, volunteer or contractor who feels he or she has been harassed, disuiminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.

All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I , 2021 Io June 30,2022

1. Object to the Conduct
Sometimes an individual is unaware that his/her conduct violates this Policy. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately.

A person who believes he/she is being harassed is encouraged, but is not required to use this process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 or 3 below.

2. Oral Report
If a person who believes that this Policy has been violated does not want to first speak with the offending person, he/she should report the conduct to a supervisor, any City management employee, or the Human Resources Manager. Any supervisory or management employee who receives such a report must in tum direct it to the Human Resources/Risk Manager. The Human Resources/Risk Manager will determine what level of investigation and response is necessary.

3. Written Process
An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, or any management employee who in turn must direct the complaint to the Human Resources/Risk Manager, or to the Human Resources/Risk Manager directly. Individuals are encouraged to use the Confidential Complaint Form for this pu{pose, a copy of which is attached to this Policy.

F. CITY'S RESPONSE TO COMPLAINT OF HARASSMENT. DISCRIMINATION OR

RETALIATION

1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources/Risk Manager will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources/Risk Manager may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Human Resources/Risk Manager. The Human Resources/Risk Manager will report the status of investigations to the City Manager as appropriate.

The Human Resources/Risk Manager, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30,2022

action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change or the Human Resources/Risk Manager determines that doing so is appropriate under the circumstances.

The City attempts to take a proactive approach to potential Policy violations and may conduct an investigation regarding possible harassment, discrimination or retaliation in appropriate circumstances, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.

At the conclusion of the investigation, if it is determined that the alleged conduct did not occur or that this Policy was not violated, the Human Resources/Risk Manager will notiS the complainant and the alleged perpetrator, if appropriate, of the general conclusion(s) of the investigation and whether any further action is warranted.

2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred or that the conduct otherwise violated this Policy, the City will notiff the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to discipline the perpetrator and deter future violations of this Policy. Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination.

Disciplinary action may also be taken against any official, supervisor or manager who condones or fails to report potential violations ofthis Policy, or who otherwise fails to take appropriate action to enforce this Policy.

Any official contractor or other non-City employee found to have violated this Policy will be subject to appropriate sanctions.

3. Conlidentiality
Every reasonable effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effective remedial action.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021to Iune30,2022

G RESPONSIRII,ITIES OF' EMPI,OYEES. MANAGEMENT AND

SUPERVISORY EMPLOYEES

1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
. Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. When appropriate, tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. . Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. . Report harassment, discrimination or retaliation as quickly as possible, whether the reporting employee is the target of the conduct or a witness. . If an employee witness's harassment, he or she should report it to a supervisor, manager or the Human Resources Manager, and may tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior or report is under this Policy.

Fully cooperate with the City's investigation of complaints made under this Policy.

2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:

Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Human Resources Administrator.

O
a
. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.

No department director, manager, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination. . Monitoring the work environment and taking appropriate action to stop potential Policy violations.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to Jwe 30, 2022

' When appropriate, follow up with those who have complained to ensure the behavior complained of has ceased.

H. Option to Report to Outside Administrative Agencies
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to notifring the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the Califomia Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (l) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the courts have the authority to award monetary and non-monetary relief in meritorious cases. You can contact the nearest DFEH ofhce or the FEHC at the locations listed in the City's DFEH poster or by checking the state govemment listings in the local telephone directory.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 Io lune 30, 2022

APPENDIX D

RETURN TO WORK POLICY
Purpose
The purpose of this policy is to establish guidelines that the City may follow, should an employee have an extended absence due to illness or injury.

The City strives to assist employees to retum to work at the earliest possible date following an injury or illness. However, this policy is not intended to supersede or modifu the procedures applicable to employees eligible for reasonable accommodation or covered under leave provisions under the terms of this MOU or federal or state law.

The City cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.

Inquiries about the reasonable accommodation for disabilities or employee leave rights should be directed to the Human Resources Department (HR).

Transitional Work
The City defines "transitional work" as temporary, light duty andlor modified work assignments within the employee's physical abilities, knowledge and skills.

When possible, in the discretion of the City, transitional positions will be made available to injured workers to minimize or eliminate time lost from work.

The policy only applies to regular full- and part-time employees who are on leave as a result of injury or illness.

In the event an employee refuses transitional work (outside the qualified employee's FMLA/CFRA benefits period) and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. In such cases, the City will notifu the insurance carrier of the employee's refusal of the transitional work.

Procedures
To obtain a transitional assignment the employee must provide a statement from the employee's treating health care professional containing the following information:
a) That treating health care professional has reviewed the employee's job description; b) That the employee cannot perform all of the essential functions of her/his job, identifuing which essential functions cannot be performed; Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1 , 2021 to June 30,2022

c) When the employee will be able to resume performing all essential functions of her/his job, with or without accommodation, and if accommodation will be required, the nature of that accommodation;
d) If the treating health care practitioner cannot determine when the employee will be able to resume performing all essential functions of her/his job, when the employee will next be evaluated for that purpose;
e) In addition, all other work limitations, such as restrictions on lifting, standing, sitting, walking, hours that can be worked and the like, so that the nature ofpossible transitional employment can be evaluated, and how long each of those limitations will be in place; and
f) Any other limitation of the employee's ability to perform work for the City in a transitional position
If the treating health care provider provides the above information to the satisfaction of the City, and releases the employee to retum to work on modified duty the City will review the information to determine if a transitional position for the employee is appropriate and transitional work falls within City business needs. Transitional positions are developed based on the physical capability of the worker, the business needs of the City and the availability of transitional work. The City will determine appropriate work hours, shifts, duration and locations of all work assignments. The City reserves the right in its sole discretion to determine the availability, appropriateness and continuation of all transitional work assignments. The assignment to a transitional position cannot exceed 6 months.

If the employee is offered a transitional position, a transitional position job description, including physical requirements, will be prepared for review and appioval Uy ttre treating health care provider. Once approved, the employee will be provided a letter noting the treating health care provider's approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the letter indicating his or her acceptance or refusal of the transitional work job offer and to return the letter to HR.

Any employee returning to a transitional position must not exceed the duties of the position or go beyond the doctor's restrictions. If any medical restrictions change, the employee must immediately notifu his or her supervisor and provide the supervisor a copy of the new medical release. If, in the judgment of the City, the employee is unable to satisfactorily perform the duties of the transitional position, the City may end the employee's transitional work assignment. The City will keep its insurance carriers apprised of relevant information related to the provisions of this section and its application to employees.

EMPLOYEE RESPONSIBILITY
Employees will be required to acknowledge that they have read, understand and will abide by the agency's technology policy. Violation of the policy may result in discipline, up to and including dismissal.

Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to lune 30,2022

o To the extent that, under some circumstance, an employee is allowed to use e-mail for personal purposes the employee does so at his or her own risk. Employees should be aware that deletion of a message or file may not fully eliminate the message from the system. a Employees leaming of any misuse of the voice-mail, e-mail or other computer system or violations of this policy shall immediately notifr the City Manager or his/her designee.

MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Management and supervisors are responsible for reasonable enforcement of this policy. Any email information or messages revealed or disclosed under this policy are considered to be of a confidential nature.

ATTACHMENT C

CLASSIFICATION AND COMPENSATION TABLES FOR CONDITIONS OF

EMPTOYMENT FOR MANAGEMENT AND MISCETIANEOUS
UNREPRESENTED PERSONNEL EFFECTIVE JULY L, 2021".

THIS PAGE INTENTIONALLY LEFT BLANK
Associate Planner
Gity of Carpinteria
Miscellaneous Un represented Personnel
Classification and Gompensation lnformation
Effective July 1 ,2021
Com Deve 12 31 79 753.50 $AZ 728.47
Position De Grade Minimum Control Point Maximum
Accounti Technician Administration Services I $49 918.88 $62 398.60 $68 639.40 !nee Technician Public Works I 18.88 $62 398.60 $68 639.40 Code Compliance Officer ll Commun Deve nt
,Management Assistant Parks, Recreation & Publ
Aquatics Program Coordinator Parks, Recreation & Public Facilities 5 $41,547.19 $51,933.98 $57,127.38 City of Carpinteria
Management Personnel
Classification and Compensation lnformation
Effective July 1 ,2021
Position Grade ilinimum Gontrol Point Maximum
Assistant City Manager
Community Development Director
Ad m inistrative Services Director
Parks, Recreation & Public Facilities DirectorPublic Works DirectorPrincipal PlannerHuman Resources/Risk Manager City LibrarianCivil EngineerCity ClerkSenior Financial AnalystChief Building lnspector/Plan Check Program Manager
Aquatics Superintendent
Community Engagement Library Specialist
Parks & Facilities Maintenance SupervisorEnvironmental Program Manager Public Works Supervisor
Code Compliance Supervisor
Executive AssistanVDeputy Clerk (Confidential)
Assistant to Public Works Director
General GovernmentCommunity Development
FinanceParks, Recreation & Public Facilities
Public Works
Community Development
Human ResourcesParks, Recreation & Public FacilitiesPublic Works General Government
Finance
Community Development
General Government
Parks, Recreation & Public FacilitiesParks, Recreation & Public FacilitiesParks, Recreation & Public Facilities Public WorksPublic Works
Community DevelopmentGeneral Government
Public Works
M19M19M19M19M19M16
M16M16M16M15M14M12
M12
M12
M12M12M12M12M11M11M11
$1 10,877.53$1 10,877.53$1 10,877.53$1 10,877.53$1 10,877.53 $81,367.00$81,367.00$81,367.00$81,367.00$78,1 66.1 9
973,721.30
$63,801 .19$63,801 .19$63,801.19$63,801 .19$63,801 .19$63,801 .19$63,801 .19 $59,904.80
$59,904.80
$59,904.80
$'138,596.30$138,596.30$138,596.30$138,596.30$138,596.30 $1 01 ,81 1 .18$101 ,81 1 .18$101 ,81 1 .18$101 ,81 1 .18 $97,680.72$92,151 .63$79,753.50$79,753.50$79,753.50
$79,753.50$79,753.50$79,753.50$79,753.50$74,881.01$74,881.01$74,881.01 $152,455.69$152,455.69$152,455.69$152,455.69$152,455.69$111,992.30 $111,992.30$111,992.30$1 1 1,992.30$107,448.78$101 ,366.17 $87,728.47
887,728.47
$87,728.47$87,728.47$87,728.47
$87,728.47$87,728.47$82,368.54$82,368.54$82,368.54