If a City employee is making the report, the employee should make the report to the employee’s supervisor, City Manager, or if necessary the appropriate agency in charge. If the complaint is not against the supervisor, and action is within the supervisor’s authority, the supervisor should take all actions necessary to curtail the behavior and determine the appropriate consequences and then inform the City Manager. If the action is not within the supervisor’s authority, the supervisor should immediately report the matter to the City Manager.
If a City employee is making a report that involves alleged misconduct by their supervisor, the employee should report the matter directly to the Administrative Services Officer, the City Attorney, or the City Manager.
If someone other than a City employee is making the report, the report should be made to the Administrative Services Officer, the City Attorney, or the City Manager who will then follow up on the matter.
Although every effort will be made to protect the anonymity of the whistleblower, there may be situations where anonymity cannot be guaranteed.
Employees may but are not required to use of the “Whistleblower Complaint Form” (located on the City website “Complaint Handling Process”; or in City Hall; see attached form) to report a complaint under this policy. Employees may use the following email address to file the form:
[email protected] ;
or mail to:
City of Colfax
Attention: Whistleblower Program
PO Box 702
Colfax, CA 95713.
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105.7.5 RETALIATION COMPLAINT PROCEDURE
Any applicant or employee who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City’s policy against discrimination, harassment, and retaliation so that the complaint can be resolved fairly and quickly. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment, and retaliation.
Any City officer or employee who violates this policy shall be subject to discipline, up to and including dismissal. Under Section 1102.5 of the Government Code, any officer, manager, or supervisor who violates this policy with malicious intent may be subject to a fine not to exceed $10,000 and imprisonment in county jail for up to a period of one year. In addition to all penalties provided by law, any local officer, manager, or supervisor who has been found by a court to have violated this policy and the State law under which it is promulgated may be individually liable for damages in an action brought against them by the injured employee.
105.8 PERFORMANCE EVALUATIONS
Each non-probationary employee will receive annual performance reviews conducted by their supervisor. Performance evaluations will take place within 30 days of the employee’s salary anniversary date. Additional performance evaluations may be prepared at any time the City Manager or supervisor deems necessary. The frequency of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems.
Employee performance evaluations may review factors such as the quality and quantity of the work performed, knowledge of the job, initiative, work attitude, and attitude toward others. The performance evaluations are intended to make employees aware of areas of progress, areas for improvement, and objectives or goals for future work performance. Merit increase approvals will only be implemented after the employee has received a satisfactory or better rating justifying such an increase. Employees who receive late evaluations that are satisfactory or above shall receive retroactive pay back to their salary anniversary date.
On or about the completion of six (6) months of a probationary period, and again at any point prior to separation or the successful completion of the probationary period, the probationary employee’s supervisor will prepare and sign a performance evaluation. The purpose of the probationary performance evaluation is to chart the probationer’s progress toward meeting the standards of their position.
Employees will have the opportunity to discuss their performance with their supervisor. Employees will be encouraged to comment about their work performance in a written statement attached to the appraisal. After the review, employees will sign the evaluation report simply to acknowledge that it has been presented to the employee, that Item 2E250
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they have discussed it with their supervisor, and that they are aware of its contents. Employees will receive a copy of the evaluation, and the original will be placed in their personnel file.
An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation unless merit pay is associated with the evaluation for represented employees only (see Memorandum of Understanding).
Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within 10 days after the employee receives the evaluation. 105.9 PERSONNEL RECORDS
The City maintains a personnel file for each City employee with the title of position held, department, salary, changes in employment status, and other pertinent information. A personnel file will contain only material that the City deems necessary and relevant or that is required by law. The file may include performance evaluations, educational records, and letters of recommendation and discipline.
The City shall furnish copies of evaluations and reprimands to the employee prior to placement of such documents in their personnel file.
Personnel files are the property of the City, and access to the information they contain is restricted to protect employee privacy interests. Personnel files may only be accessed by the Administrative Services Officer, City Manager, and the employee’s Department Head.
The contents of your personnel file are available in the Administrative Services Officer’s office for your review with sufficient written notice to the Administrative Services Officer or their designee. A former employee is entitled to inspect their personnel records one time per year. The inspection must occur in the presence of the Administrative Services Officer or their designee. If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The Administrative Services Officer or their designee will notify the employee and/or representative of the date, time and place of the inspection in writing.
A current or former employee is entitled to receive a copy of their personnel records within 30 days after the Administrative Services Officer or their designee receives a written request. An employee may request one copy of any document in their file at no cost. Subsequent copies can be obtained at the copy fee established in the City Fee Schedule, which is available at City hall. Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents: (1) records relating to the investigation of a possible criminal offense; (2) letters of reference; and (3) ratings, reports, or records that were obtained Item 2E251
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prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.
No person inspecting a personnel file is permitted to add or remove any document or other item to or from the personnel file.
Each employee is responsible for promptly notifying the Administrative Services Officer or their designee of any changes in their contact and benefits information, including: (1) mailing address; (2) telephone number; (3) persons to contact in emergency; and (4) number and names of dependents.
All medical information about an employee or applicant is kept in separate medical file and is treated as confidential. Access to employee or applicant for employment medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
If an employee wishes to have information other than title of position held, department, salary, and changes in employment status regarding their work history released to prospective employers, creditors, or others, the employee must file a written authorization with the Administrative Services Officer or their designee. 105.10 CITY PROPERTY
105.10.1 TECHNOLOGY POLICY
Employees are expected to use electronic communication devices legally, ethically and in an appropriate manner that best represents the City of Colfax. The City of Colfax’s policies against sexual or other harassment apply fully to all electronic communications systems, and any violation of those policies is grounds for discipline including discharge. In addition, employees are prohibited from sending, receiving, displaying, printing, or otherwise disseminating material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive, or disruptive to City activities. Employees are also prohibited from downloading such material from the internet or displaying or storing such material in the City’s computers or servers. Employees encountering or receiving this kind of material should immediately report the incident to their supervisor, the Administrative Services Officer, or the City Manager.
Employees are expected to remain respectful of the City, its managers and employees, and the public in any electronic communications. Violations of any of these provisions may result in disciplinary action, up to and including discharge.
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Use of City Property, Equipment, and Technology
Employees should not use any City property or equipment, including, but not limited to vehicles and technology, for their personal use, except when it is reasonable so as not to interfere with the performance of job duties or when such use does not violate other City policies. Employees are responsible for the condition and care of City equipment.
Careless use of City property, equipment, vehicles and technology that results in loss, damage or any other violation of policy or procedure may result in disciplinary action, up to and including termination.
Telephones and Cell Phones
The City recognizes that employees will occasionally need to place and receive personal phone calls or text messages during the workday. In all cases, personal calls and text messages should be minimal and appropriate so as not to interfere with the performance of duties. The City may review usage of City-issued cell phones for calls and text messages made during working hours, to determine if the employee’s personal use is excessive. Excessive personal use of City cell phones may result in reimbursement of charges to the City and/or disciplinary action, up to and including termination.
Employees are not permitted to make personal international telephone calls using City telephones or cell phones, except in emergencies. Employees may place personal international calls, if they use their personal calling card, or call collect.
Employees with cell phones must not use their phones while driving on City business without proper hands-free technology. Safety must come before all other concerns. Regardless of the circumstances, if hands-free options are not available employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. This prohibition includes any use of the cell phone or other wireless communications device, such as answering or placing calls, engaging in conversations, texting, web browsing or using any smart phone application while driving. Writing, sending, or reading text-based communication - including text messaging, instant messaging, e-mail, web browsing and use of smart phone applications - on a wireless device or cell phone while driving is also prohibited under this policy.
Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions.
If an employee’s job requires that they keep their cell phone or other wireless communication device turned on while driving, the employee must use a hands-free, voice-operated device at all times.
Protection of the City’s Electronic Information
For purposes of these policies, the following definitions apply:
(a) "Computers" are defined as desktop computers, laptops, smart phones, tablets, phablets, and servers.
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(b) The City uses various forms of "electronic communication." (c) "Electronic communication" is defined as e-mail, text messaging, fax machines, online services, and other forms of electronic communication. (d) "Electronic information" is any information created by an employee using computers or any means of electronic communication.
The following general policies apply:
• Computers and all data transmitted through the City servers are City property owned by the City for the purpose of conducting City business. These items must be maintained according to the City’s rules and regulations. Computers must be kept clean and employees must exercise care to prevent loss and damage. Prior authorization must be obtained before any City property may be removed from the premises.
• All electronic communications also remain the sole property of the City and are to be used for City business. For example, email communications are considered City records.
• Electronic information created by an employee using any computer or any means of electronic communication is also the property of the City and remains the property of the City.
• Information stored in City computers and servers is the property of the City and may not be distributed outside the City in any form whatsoever without the express permission of the Administrative Services Officer or City Manager. • Violation of any of the provisions of this policy, whether intentional or not, may subject City employees to disciplinary action, up to and including termination.
Computer and Internet Use
The City provides computers, electronic communications, electronic information, and information technology resources to its employees to help them do their job. The City’s email system is an official communication tool for City business. The City establishes and assigns official email addresses to each employee as the City deems necessary.
Employees must send all City communications that are sent via email to and from their official City email address. Employees are prohibited from using their private email address when communicating City business via email. Should an email related to City business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City email account and responded to using the City email address as may be necessary.
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Generally, the City’s electronic equipment and resources should be used for businessrelated purposes. The City recognizes that occasional personal use of these City resources and property may occur during work time. The City allows such occasional personal use as long as the usage does not interfere with the employee's work performance, takes away from work time, consumes supplies, slows other users, slows the servers or computer systems, or violates any City policy, including policies against harassment, discrimination and disclosure of confidential or trade secret information.
This policy is not intended to limit the ability of employees to use City email systems to communicate with other employees regarding the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors or staffing.
All policies relating to monitoring usage of City property apply. The City reserves the right to adjust this policy on a case-by-case basis as it deems appropriate.
Monitoring of City Property
Employees understand that they do not have a reasonable expectation of privacy in their use of City property, equipment or technology. Individuals utilizing property and equipment including vehicles, office space, cubicles, desks, building access cards, computers, e-mail, internet, telephones, cell phones, and voicemail systems expressly consent to monitoring of their activities for business needs.
The City reserves the right to inspect all City property to ensure compliance with its rules and regulations without notice to the employee and at any time and not necessarily in the employee's presence. The City computers, all electronic communications, and electronic information are subject to monitoring, and no one should expect privacy regarding such use. The City reserves the right to access, review and monitor electronic files, information, messages, text messages, e-mail, internet history, and other digital archives and to access, review and monitor the use of computers, software, and electronic communications to ensure that no misuse or violation of City policy or any law occurs. Email may be monitored by the City and there is no expectation of privacy. Assume that e-mail may be accessed, forwarded, read or heard by someone other than the intended recipient, even if marked as "private."
Employee passwords may be used for purposes of security, but the use of a password does not affect the City's ownership of the electronic information or ability to monitor the information. The City may override an employee's password for any reason.
Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by City management.
Social Media
The City uses social media in limited circumstances for defined business purposes. For purposes of this policy, the City defines social media as a set of internet tools that aid in Item 2E255
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the facilitation of interaction between people online. If an employee has a question about which programs the City deems to be social media, consult with the Administrative Services Officer or City Manager.
Use of internet based social networks, such as Facebook, or X (this is not meant to be an exhaustive list) may be used in furtherance of City goals. Only authorized individuals are allowed to speak/write in the name of the City using the social media tools of the City. The City Manager will authorize in writing if an employee may use these City social media tools to perform their job duties. Authorized individuals using the City social media tools shall identify themselves honestly, accurately and completely and comply with all City policies in using this media.
Employee authorization is limited to business purposes and personal use of these City social media tools or programs is prohibited and can result in discipline up to and including termination. All policies relating to monitoring usage of City property apply.
The following policies apply to employees, volunteers, and interns regarding the use of personal social media accounts:
1. Observe and adhere to all City policies that may apply to individuals’ social media use, including but not limited to those policies that protect individuals’ confidentiality or privacy rights, anti-discrimination or harassment policies, and the anti-workplace violence policy
2. Follow all applicable laws, including but not limited to those that protect individuals’ confidentiality or privacy and those that prohibit discrimination and harassment.
3. Except that which is protected by free speech/first amendment rights excluding slander, liable, and defamation of character, refrain from using social media in any way that could adversely affect employee job performance, the reputation of the City, or adversely affect members of the public served by the City.
4. Refrain from using social media during paid work hours, even if the employee is not actively posting to social media.
5. Refrain from commenting on any matter or issue on behalf of the City or representing that the employee’s posts or comments represent the City’s opinion on such subjects.
The City also encourages the following best practices with respect to personal social media use:
1. Ensure that employee social media posts are accurate and truthful, and do not contribute to the spread of misinformation or disinformation.
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2. Be respectful of others and refrain from attacking others or making unnecessarily negative posts.
3. Protect employee privacy by not posting personal information.
4. Be mindful that what an employee shares, even if later deleted, may not actually be deleted.
Nothing in the City social media policy is designed to interfere with, restrain or prevent employee communications regarding wages, hours or other terms and conditions of employment.
Individuals who violate this Policy may be subject to discipline, up to and including termination.
Employee-Owned Devices
The City recognizes that occasional use of the employee's own computers (including handheld devices) and electronic communications may occur during work time. The City allows such occasional personal use as long as the usage does not interfere with the employee's work performance, takes away from work time or violates any City policy. All other City policies, including the City's no tolerance for discrimination, harassment or retaliation in the workplace, apply. The City reserves the right to adjust this policy on a case-by-case basis as it deems appropriate.
The City does not have the right to search employee personal cell phones. Note, however, employee correspondence related to City business is subject to the Public Records Act, even if it is created and sent on personal devices and email accounts. As described above, communications related to City business should not be sent to or from an employee’s personal email account.
Artificial Intelligence (“AI”)
For the purposes of this policy, Artificial Intelligence (“AI”) means the technology that simulates human intelligence processes using computer systems.
AI encompasses a range of technologies, including machine learning, natural language processing, and robotics. AI allows machines to perform tasks that typically require human intelligence, such as making predictions, recommendations, or decisions. AI systems use machine- and human-based inputs in order to generate information or action. This policy applies to all AI tools, including services, systems, and any other processes that use AI technology.
AI simulates learning (i.e., the acquisition of information), training (i.e., the acquisition of rules for using information), reasoning (i.e., the ability to solve problems and make decisions), and self-correction (i.e., the identification and correction of errors in learning, training and reasoning). The City recognizes the utility of AI in enhancing operational Item 2E257
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efficiency. However, the City also recognizes that the use of AI involves risks, including but not limited to safety, security, privacy, bias, and accuracy.
Employees, interns and volunteers of the City may only use AI to promote public service and administer the City’s mission. All AI use must conform to the conditions set forth in this policy and any other City policies. No employee, intern, or volunteer shall be exempted from these minimum standards without the express written permission from the City Manager.
The City allows the following limited use of AI tools for the purpose of conducting the City’s business. The City may modify these parameters of permissible AI use or revoke permission to use AI at any time in order to meet the City’s goals, obligations, or business needs:
1. Employees, interns, and volunteers must receive permission from their supervisor prior to using any AI tool. Any request for permission to use an AI tool must identify the AI tool and the purpose for which the AI tool’s use is intended. The AI tool may only be used as specifically permitted by the supervisor,
2. Confidential and sensitive personal information must never be inputted into AI tools in any way. Confidential and sensitive personal information includes any information that the employee is not permitted to share through other means of communicating with the public. Such information includes, but is not limited to a specific person’s name, address, email address, telephone number, social security number, or information that alone or in combination with other publicly available information, reveals the identity of the subject of the inputted information. This rule applies regardless of the AI tool’s privacy terms or settings.
3. All AI searches must be in “incognito” mode or “opt out” or other similar mode to prevent the AI tool from retaining or using the information provided for the tool or service’s use in any manner, including to train or improve the AI tool or service, or to share the information with any third party.
4. All text-based content that was created using AI without modification must be properly labelled as having been generated using AI. All audio and visual media created using AI must be labelled as generated using AI regardless of modifications. Labels must be clearly visible to members of the public reviewing the content.
5. All AI-generated content must be reviewed for accuracy, tone, bias, and context before the content may be published for City purposes. If a reliable source cannot be found to verify factual information generated using AI, that information cannot be used for City purposes.
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6. No content fully or partially generated using AI may be claimed as original work.
7. The City expects all employees to possess and exercise good judgment and common sense when conducting City business, such as when using an AI service.
The City expressly prohibits any AI use that discriminates against any individuals, including, but not limited to City employees, interns or volunteers, on the basis of the individual’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status.
Creation of “deepfake” images, video, or audio for City work or on City resources or equipment is strictly prohibited. A “deepfake” is an image, video, or audio record that has been digitally altered to replace one person’s likeness with another person, or a computergenerated image or video of a person doing or saying something the person never did or said. Use of “deepfake” images, video, or audio for City work or on City resources or equipment, other than using it as evidence in or as part of an administrative investigation, is also strictly prohibited.
All supervisory and management employees are responsible for overseeing the work product of their subordinates and ensuring that employees abide by the guidelines established in this policy. Individual employees are also responsible for ensuring that their own work product conforms to this policy.
Any violation of this policy may result in disciplinary action, up to and including termination of employment. The terms of this policy are subject to change as AI technology evolves frequently.
105.10.2 DRIVING POLICY
Employees who are required to drive vehicles in the course of their employment must possess a valid driver's license to legally operate the class of vehicle(s) they operate in their employment. The City may require employees who accumulate two violation points in one year, three violation points in two years, or four violation points in three years on their driver’s license to attend a defensive driving class. Employees who accumulate five or more violation points on their driver’s license will no longer be eligible to drive City vehicles.
The above provisions apply regardless of whether the employee acquired the violation points while driving a City vehicle or while driving off the job.
Employees must comply with California law by mounting their cellphone on the dashboard and using hands-free features, such as voice commands, while driving a City vehicle.
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Employees may not hold their cellphone in their hand for any reason, including, but not limited to, navigation, while driving a City vehicle.
Employees under the age of 18 years are prohibited from driving a motor vehicle while using a cell telephone, even if equipped with a hands-free device, or while using a mobile service device. The prohibition would not apply to such a person using a cell telephone or a mobile service device for emergency purposes.
Employees must safely pull off the road before conducting City business. 105.10.3 HOUSEKEEPING
All employees are expected to keep their work areas clean and organized. Employees using common areas such as lunchrooms, locker rooms, and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly. 105.10.4 SMOKING
Smoking is prohibited in the workplace including City buildings, City worksites, City vehicles, and public parks unless in a designated smoke area. The smoking prohibition applies to all smoking devices, including, but not limited to, the use of electronic smoking devices, such as electronic cigarettes, pipes, hookahs, and vaping devices. 105.11 EMPLOYEE CONDUCT
105.11.1 CONFIDENTIAL INFORMATION
Each employee is responsible for safeguarding confidential information obtained during employment. In the course of City employment, employees may have access to protected or confidential information regarding City business, including, but not limited to financial data, development plans or strategies, suppliers, business partners or customers. Employees have a responsibility to prevent revealing or divulging any such information unless it is necessary for the employee to do so in the performance of their duties or as required by law, including in response to Public Records Act Requests.
Access to, or disclosure of, confidential information should be on a "need-to-know" basis and must be authorized by the employee’s supervisor. Any breach of this policy will not be tolerated, and legal or disciplinary action may be taken by the City.
This policy does not prohibit employees from disclosing confidential information to federal, state and local government officials, or to an attorney, when done to report or investigate a suspected violation of the law. Employees may also disclose the information in certain court proceedings if specific procedures to protect the information are followed. Nothing in this policy is intended to conflict with 18 U.S.C. § sec. 1833(b) or create liability for disclosures that are expressly allowed by 18 U.S.C. § sec. 1833(b).
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Most City documents are subject to the Public Records Act. Requests for documents must be submitted through the Administrative Services Officer or their designee to ensure proper logging of and response to such requests for information. 105.11.2 CONFLICTS OF INTEREST
In compliance with CA Government Code sections 1090 (conflicts of interest), 1126(incompatible activities) and 87100 et seq. (Political Reform Act), all employees must avoid situations involving actual conflict of interest. California Codes are available online.
Personal or romantic involvement with a supplier, City contractor, or subordinate employee of the City, which impairs an employee's ability to exercise good judgment on behalf of the City, can create an actual conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems.
An employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to their immediate supervisor, or any other appropriate supervisor, for a determination about whether an actual conflict exists. If an actual conflict is determined, the City may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action, up to and including termination. 105.11.3 DRESS CODES AND OTHER PERSONAL STANDARDS
Each employee is a representative of the City in the eyes of the public a must report to work in attire appropriate for the assigned duties. Clothing should be neat, clean and tasteful. Avoid clothing that can create a safety hazard. Department managers may issue more specific guidelines. For safety reasons, tank or halter tops, and flip-flops are not permitted for any employees. All clothing should be clean and without rips or holes.
All employees required to wear apparel provided by the City must take care of their uniforms and report any wear or damage to their supervisors. Instructions regarding cleaning and maintenance of city apparel will be provided. Supervisors will inform employees of additional requirements regarding acceptable attire. The City may require certain employees to wear safety equipment or clothing. Any deviations from these guidelines must be approved by your supervisor.
Any employee when working on, in or near any public street, is required to wear bright clothing with reflective patches, commonly referred to as personal protective equipment (“PPE”). PPE will be supplied to each employee who requires it as a function of their job duties. It is the employee’s responsibility to determine when PPE is required. Employees should contact their supervisor if their PPE is not available prior to commencing any duty which requires PPE.
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Employees who need reasonable accommodation because of religious beliefs, observances or practices should contact the Administrative Services Officer or their designee and discuss the need for accommodation.
105.11.4 DRUG AND ALCOHOL ABUSE
The City is concerned about the use of alcohol, marijuana, illegal drugs or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee's work performance, efficiency, safety, and health, and seriously impair City operations. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the City to the risks of property loss or damage, or injury to other persons.
The following rules and standards of conduct apply to all employees while on City property, at work, or working on City business. The following are strictly prohibited by City policy:
• Being under the influence of or impaired by an illegal or controlled substance, alcohol, or marijuana while on the job, on standby or when acting on the City’s behalf.
• Using or possessing illegal or controlled substances, alcohol or marijuana while on the job (including the use of prescription drugs that has not been lawfully prescribed to the employee and possessing drug paraphernalia) • Distributing, manufacturing, selling, or purchasing an illegal or controlled substance, alcohol or marijuana while on the job or in City workplaces. • Failure to notify your supervisor or the Administrative Services Officer before beginning work when taking medications or drugs, including but not limited to prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of duties or operation of City equipment.
• Failure to notify the Administrative Services Officer or their designee of any criminal conviction for a drug violation that occurred in the workplace within five days after such conviction.
• An employee’s criminal conviction for a drug violation that occurred in the workplace.
Violation of these rules and standards of conduct will not be tolerated. The City also may bring the matter to the attention of appropriate law enforcement authorities.
In order to enforce this policy, the City reserves the right to conduct searches of City property, and to implement other measures necessary to deter and detect abuse of this Item 2E262
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policy. The City has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City will use an outside laboratory to perform all testing.
(a) Pre-Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for pre-employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to preemployment drug and alcohol testing include, but are not limited to, Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines.
(b) 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.
1) “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 the following: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, 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.
2) 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 the City Manager or their designee. Any reasonable suspicion testing must be pre-approved by the City Manager or their designee.
3) Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the City Manager or their designee 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. The testing facility will not test for non-psychoactive cannabis metabolites.
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An employee's conviction on a charge of illegal sale or possession of any controlled substance while off City property will not be tolerated because such conduct, even though off duty, reflects adversely on the City. In addition, the City must keep people who sell or possess controlled substances off City premises in order to keep the controlled substances themselves off the premises.
The City will encourage and reasonably accommodate employees with alcohol, marijuana or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request treatment or rehabilitation leave. The City is not obligated to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol or marijuana use. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be reemployed or be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the City's treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
Employees are expected to use common sense with the authorized use of prescription medications. Employees must not operate equipment or vehicles while under the influence of medications which may alter the ability to perform correctly and safely.
Nothing in this policy prohibits an employee’s off-duty use of cannabis away from City property (provided that the employee is over 21 years old). The City will not discriminate against any employee or applicant based upon the person’s off-the-job use of cannabis, or the results of an employer-required drug screening test that confirmed the presence of non-psychoactive cannabis metabolites.
105.11.5 NEWS MEDIA CONTACTS
Employees may be approached for interviews or comments by the news media. Only those persons designated by the City Manager may comment to news reporters on City policy or events relevant to the City.
105.11.6 OFF-DUTY CONDUCT
While the City does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may reflect negatively on the City image.
Off duty conduct by an employee that directly conflicts with the City's image or disrupts operations will not be tolerated and may result in disciplinary action, up to and including termination.
Employees should consult with their supervisor for clarification about what constitutes inappropriate behavior.
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105.11.7 OUTSIDE EMPLOYMENT
An employee shall not engage in any paid or self-employment, activity, or enterprise which is inconsistent, incompatible or in conflict with their City duties, functions, responsibilities, or that of the department in which they are employed at the City. In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees must obtain written approval from the City Manager or their designee prior to undertaking any outside employment as described in this policy.
Authorization and Appeal Process
(a) Written Request: Any employee who wants to undertake a paid outside employment, activity, or enterprise must submit a written request to the City Manager. The written request must include: (1) the work hours and/or time required; (2) job title or the nature of the activity; (3) the work location; and (4) the supervisor, manager and name of the employer or activity. (b) Analysis and Decision: The City Manager or their designee will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City. If the City Manager or their designee determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/restrictions in writing, provide the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel file.
(c) One (1) Year Authorization: An outside employment authorization is valid only for up to one (1) year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must make another request following the process in this policy.
(d) Appeal: If the City Manager or their designee denies an employee’s outside employment request, the employee may submit a written notice of appeal to the City Manager within 10 days after the date of the denial. The decision on appeal will be put in writing, provided within 10 days after the receipt of the appeal, and will be final.
Prohibited Outside Activities
An employee’s outside employment, activity, or enterprise may be prohibited if it satisfies one of the following:
(a) Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of the City or employment at the City;
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(b) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course of their City employment;
(c) Involves the performance of an act other than their capacity as a City employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which they are employed; or
(d) Involves time demands that would render the employee’s performance of their regular City employment less efficient or dangerous to the employee.
Changes in Outside Employment Status
The employee must promptly report in writing to the Administrative Services Officer or their designee any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
Revocation/ Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy.
(a) The employee’s work performance declines; or
(b) An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City.
Use of City Equipment Prohibited
Under no circumstances may an employee use any City equipment, vehicles, tools, supplies, machines, or any other item that is City property while an employee is engaged in any outside employment, activity or enterprise. 105.11.8 POLITICAL ACTIVITY
In order to ensure efficient operation of the City's business and to prevent disruption to employees, solicitation and distribution of literature on City property is limited. Any employee who is in doubt concerning the application of this policy should consult with their supervisor.
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No employee shall solicit or promote support for any cause or organization during their working time or during the working time of the employee or employees at whom such activity is directed.
In general, non-employees will not be permitted to solicit or to distribute written material for any purpose on City property. Representatives of the Union may post organizational notices or informational literature for represented employees on City bulletin boards. Non-profit organizations may post notices on the City Hall public bulletin board with the approval of the Administrative Services Officer or their designee.
Many employees participate in political activities on their own time. City time, facilities, property or equipment (including all computers, networks, and electronic equipment) must not be used for an employee's outside political activities. The City will not reimburse any employee for political contributions, and employees should not attempt to receive or facilitate such reimbursements.
Absent a formal statement by the City announcing any political endorsements, employees must not, through their own actions, speech, contributions, or written communication, mislead others to believe that the City officially endorses or opposes any candidates for political office that the City itself has not publicly announced. City employees are entitled to their own personal position.
The City will not discriminate against employees based on their lawful political activity engaged in outside of work. Employees who are also City residents may contact any/all Councilmembers on any item related to City business.
105.11.9 PUNCTUALITY AND ATTENDANCE
Employees are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for fellow employees and the employee’s supervisor. When an employee is absent, assigned work must be performed by others.
Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized City business. Late arrivals, early departures or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.
If an employee is unable to report for work on any particular day, the employee must provide reasonable advance notice (30 minutes) to their supervisor before the time that they are scheduled to begin working for that day. The employee must inform their supervisor of the expected duration of any absence. If the employee’s supervisor is not available, the employee must notify the Administrative Services Officer or their designee.
If the employee fails to provide reasonable advance notice before their scheduled time to begin work and does not arrive in time for their assigned shift, the employee will be considered tardy for that day. If the circumstances for the employee’s tardiness or Item 2E267
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absence were unforeseen, the employee must inform their supervisor as soon as practicable of the reason for the tardiness or absenteeism.
Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated. Excessive tardiness occurs when an overtime-eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30-day period. Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by federal or state law exceeds [three (3) days in any three (3) month period]. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination.
Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirements for taking the leave, and may be grounds for discipline, up to and including termination. Should the City suspect that there is an abuse of leave by an employee, the City may require that the employee submit a health care provider’s certificate to support the absence.
Absences protected by local, state and federal law do not count as a violation of the punctuality and attendance policy and will not be counted toward discipline. 105.11.10 RIGHT TO ORGANIZE
Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Employees of the City shall also have the right to refuse to join or participate in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of the exercise of these rights.
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105.12 SAFETY AND HEALTH
105.12.1 EMPLOYEES WHO ARE REQUIRED TO DRIVE
The City requires employees whose job duties require them to drive a City vehicle or their own vehicles for City business to show proof of current valid driving licenses and proof of insurability under the City's policy or current effective insurance coverage before the first day of employment.
The City participates in a system that regularly checks state Department of Motor Vehicles “DMV” records of all employees who are required to drive as part of their job.
If an employee is required to drive as part of their job, the City retains the right to transfer to an alternative position, suspend, or terminate an employee whose license is suspended or revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the City's policy.
Employees who drive their own vehicles on City business will be reimbursed at the rate of Federal/Internal Revenue Service Rate per mile.
Driver's License Renewal for represented employees: The City agrees that employees who are required as a condition of continued employment to maintain a valid California Item 2E269
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driver's license shall be granted up to three (3) hours paid time off for the purpose of completing the required Department of Motor Vehicle written exams. 105.12.2 ERGONOMICS
The City is subject to Cal/OSHA ergonomics standards for minimizing workplace repetitive motion injuries. The City will make necessary adjustments to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. The City encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines.
The City believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being and is essential to our business. We intend to provide appropriate resources to create a risk-free environment. If an employee has any questions about ergonomics, they should contact the Technical Services Manager.
105.12.3 HEALTH AND SAFETY
All employees are responsible for their own safety, as well as those of others in the workplace. To help the City maintain a safe workplace, all employees must be safetyconscious at all times. Employees must report all work-related injuries or illnesses to their supervisor or to the Administrative Services Officer as soon as practicable. In compliance with California law, and to promote the concept of a safe workplace, the City maintains an Injury and Illness Prevention Program and a Workplace Violence Prevention Plan.
The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the Administrative Services Officer’s office.
In compliance with California Proposition 65, the City will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity. 105.12.4 HEAT ILLNESS
The City is concerned with employee health and safety. Employees who work outside may be exposed to extreme temperatures or adverse working conditions, particularly in the summer months. All supervisors are trained in the recognition and prevention of heat illness. Employees who work outside are encouraged to frequently drink water. Employees who work outside are also allowed and encouraged to take a cooldown rest in the shade of at least five minutes (in addition to the time needed to access the shade) when needed to protect themselves from overheating. These preventative cool-down rests are paid time.
Employees should refer to the City's Injury Illness and Prevention Program or talk to their supervisor for details on how to ensure they are protected from heat illness dangers.
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105.12.5 WORKPLACE VIOLENCE
The City has zero tolerance for acts of violence and threats of violence. “Workplace violence” is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
(b) The destruction of, or threat of destruction of City property or another employee’s property.
(c) Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay.
(d) Striking, punching, slapping, or assaulting another person. (e) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise.
(f) Harassing or threatening phone calls.
(g) Surveillance/Stalking
Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and will lead to discipline up to and including termination.
Possession of non-work-related weapons, even with a Concealed Carry Weapons permit, on City premises and at City-sponsored events is prohibited without City Manager or City Council approval.
A threat includes, but is not limited to, any indication of intent to harm a person or damage City property. Threats may be direct or indirect, and they may be communicated verbally or nonverbally. The following are examples of threats and acts that shall be considered violent - this list is in no way all-inclusive:
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Example Type of
Threat
Saying, "Do you want to see your next birthday?" Indirect Writing, "Employees who kill their supervisors have the right idea." Indirect Saying, "I'm going to punch your lights out." Direct
Making a hitting motion or obscene gesture Nonverbal
Displaying weapons Extreme
Stalking or otherwise forcing undue attention on someone, whether romantic or hostile
Extreme
Taking actions likely to cause bodily harm or property damage Acts of violence
It is every employee's responsibility to assist in establishing and maintaining a violencefree work environment. Therefore, each employee is expected and encouraged to report any incident which may be threatening to the employee or to their co-workers or any event which the employee reasonably believes is threatening or violent.
Employees must report an incident to their supervisor or any supervisor or manager. The supervisor or department director will immediately report the matter to the Administrative Services Officer or their designee. The Administrative Services Officer or their designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
The Administrative Services Officer or their designee will take appropriate steps to provide security, such as:
• Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
• Asking any threatening or potentially violent person to leave the site; and/or • Immediately contact an appropriate law enforcement agency.
Employees should also ensure that they are familiar with the City’s Workplace Violence Prevention Plan.
106. LEAVES OF ABSENCE
106.1 FAMILY AND MEDICAL LEAVE
Family and Medical Leave is governed by the federal Family Medical Leave Act “FMLA” and the California Family Rights Act (“CFRA”).
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The City is exempt from offering FMLA due to our small size. Accordingly, this policy is pursuant to the CFRA.
Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use CFRA leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions. 106.1.1 DEFINITIONS
(a) “Child” means a child, including a child who is 18 years of age or older who is incapable of self-care. An employee’s child means a biological, adopted, foster, stepchild, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
(b) “Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.
(c) “Covered Service Member” means (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) 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 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
(d) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(e) “Family member” means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling. (f) “Grandchild” means a child of the employee’s child. (g) “Grandparent” means a parent of the employee’s parent.
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(h) “Health Care Provider” means any of the following:
1) A Doctor of Medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition; 3) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4) A nurse practitioner or nurse-midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; and 5) Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
(i) “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave. (j) “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
(k) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. (l) “Parent-in-Law” means the parent of a spouse or domestic partner of the employee.
(m)“Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
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1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or 2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion results in a regimen of continuing treatment under the
supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify Item 2E275
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for leave even if the absence lasts only one day.
4) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of but need not be receiving active treatment by health care provider.
5) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (n) “Serious Injury or Illness” means: 1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(o) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
(p) “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes leave to take care of a covered service member and ends 12 months after that date.
(q) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.
106.1.2 EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee satisfies the following conditions:
• The employee has been employed with the City for a total of at least 12 months prior to the commencement of leave. The 12 months of employment must have accumulated within the previous seven years (certain exceptions apply); and Item 2E276
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• The employee has worked at least 1,250 hours during the previous 12-month period before the need for leave;
106.1.3 AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 work weeks (or 26 work weeks to care for a covered service member) of leave during any 12-month period. 106.1.4 MINIMUM DURATION OF LEAVE
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child.
In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions. The City may grant additional requests for leave lasting less than two weeks at its discretion.
If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave, each married parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.
If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required. 106.1.5 REASONS FOR LEAVE
Leave is only permitted for one or more of the following reasons:
• The birth of the employee's child, or to care for the employee’s newborn; • The placement of a child with the employee for adoption or foster care of the child; • For a serious health condition that makes the employee unable to perform any one or more essential functions of their position;
• To care for the employee's spouse, child, parent, domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person who has a serious health condition;
• Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, domestic partner, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation; or
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• Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness:
incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period.
For additional information about eligibility for family/medical leave, contact the Administrative Services Officer or their designee.
106.1.6 MILITARY FAMILY LEAVE ENTITLEMENTS
• Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active-duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
• Eligible employees may also take a special leave entitlement of up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is either:
o A current member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or o A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
106.1.7 CALCULATING THE 12-MONTH PERIOD
For purposes of calculating the 12-month period during which 12 weeks of CFRA leave may be taken, the City uses a “rolling” 12-month period measured backward from the date an employee uses any CFRA leave. Under the ‘‘rolling’’ 12-month period, each time an employee takes CFRA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
For leave to care for a covered servicemember, the 12-month period begins on the first day of the leave, regardless of how the 12-month period is calculated for other Item 2E278
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leaves. Leave to care for a covered servicemember is for a maximum of 26 workweeks during a 12-month period.
106.1.8 LEAVE PROCEDURES
The following procedures shall apply when an employee requests family medical leave:
• The employee should contact the Administrative Services Officer or their designee as soon as they realize the need for CFRA leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, the employee must notify the City at least 30 days before leave is to begin. The employee must consult with their supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the City. Any such scheduling is subject to the approval of the health care provider of the employee or the health care provider of the employee's child, parent, or spouse.
• If the employee cannot provide 30 days' notice, the City must be informed as soon as is practicable.
• If the CRFA request is made because of the employee's own serious health condition, and the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require, at its expense, a second opinion from a health care provider of the City’s choosing. The health care provider designated to provide a second opinion will not be one who is employed on a regular basis by the City. • If the second opinion differs from the first opinion, the City may require, at the City’s expense, the employee to obtain the opinion of a third health care provider approved jointly by the employer and the employee. The opinion of the third health care provider shall be considered final and binding on the City and the employee. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost and upon the request of the employee.
106.1.9 MEDICAL CERTIFICATION
The City requires employees who request leave to provide medical certification and/or recertification to support their need for leave.
When the employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee will have 15 calendar days from the City’s request for certification to provide the certification to the City, unless it is not practicable to do so despite the employee’s diligent, good faith efforts. The City may require recertification from the health Item 2E279
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care provider if the employee requests additional leave upon expiration of the period in the original certification. (For example, if an employee needs two weeks of CFRA, but following the two weeks needs intermittent leave, the City may require that the employee provides a new medical certification.)
If the employee does not provide medical certification in a timely manner to substantiate the need for family and medical leave, the City may delay approval of the leave, or continuation thereof, until the employee provides a certification. If the employee does not provide a certification, the City may deny the requested CFRA leave.
If the leave is needed to care for a sick child, spouse, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, or sibling who has a serious health condition, the employee must provide a certification from the health care provider stating the following:
• Date, if known, of commencement of the serious health condition; • Probable duration of the condition;
• Estimated amount of time the healthcare provider believes is needed for care by the employee; and
• Confirmation that the serious health condition warrants the employee’s participation to provide care during a period of treatment or supervision. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care.
Upon expiration of the period the health care provider originally estimated that the employee needed to care for a covered family member, the employee must provide recertification if additional leave is requested.
If an employee cites their own serious health condition as a reason for leave, the employee must provide a certification from the health care provider stating the following:
• Date, if known, of commencement of the serious health condition; • Probable duration of the condition; and
• A statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position.
Upon expiration of the period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must provide recertification if additional leave is requested.
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A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Administrative Services Officer or their designee will provide the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
If an employee provides an incomplete medical certification, the employee will be provided with a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established in this policy, the City may delay taking the CFRA leave until the employee provides the required certification or deny CFRA protections following the expiration of the period to provide an adequate certification.
If an employee is absent because of their own serious health condition, the City will also require a medical release to return to work form or certification from the employee's health care provider that the employee is able to resume work. Should an employee failure to provide a release to return to work certificate from the employee's health care provider, the City may deny the employee’s reinstatement until the employee provides such certificate.
106.1.10 LEAVE RELATED TO MILITARY SERVICE
An employee must support certification of necessity of leave if the employee requires leave due to a qualifying exigency related to military service. A leave taken due to the need to care for a servicemember shall be supported by a certification by the servicemember's health care provider or other certification allowed by law. Special certification requirements apply to leaves related to military service. 106.1.11 HEALTH AND BENEFIT PLANS
Leave under this policy is unpaid when leave banks have been exhausted. However, an employee taking family medical leave will be allowed to continue participating in any health and welfare benefit plans in which they were enrolled before the first day of the leave (for a maximum of 12 workweeks, or 26 workweeks if the leave is to care for a covered servicemember) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. The City will continue to make the same premium contribution for the employee as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins.
In some instances, the City may recover from an employee premiums paid to maintain health coverage if the employee fails to return to work following the expiration or exhaustion of their leave entitlement. This does not apply where the employee does not return because of the continuation, recurrence, or onset of a serious health condition of Item 2E281
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the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control. 106.1.12 SUBSTITUTION OF PAID ACCRUED LEAVE
The City may require, or employees may choose, to use accrued paid leave while taking CFRA leave, subject to two exceptions:
• Employees are not required to use paid leave during CFRA leave if the employee is receiving payments from a disability plan that covers a portion of the employee’s salary, unless the employee agrees to use paid leave to cover the portion of their salary not paid by the disability leave benefit; and
• An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, or sibling.
In order to use paid leave for CFRA leave, employees must comply with the City’s normal paid leave policies.
An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, parent-in-law, spouse, domestic partner, child, grandparent, grandchild, or sibling.
For more information on circumstances allowing the substitution of paid leave contact the Administrative Services Officer or their designee.
The City requires employees to take accrued and unused vacation and compensatory time before taking unpaid leave
106.1.13 REINSTATEMENT
Under most circumstances, upon return from CFRA leave, an employee will be reinstated to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. An employee has no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee on leave would have been laid off had they not gone on leave, or if the employee's job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee's use of CFRA leave will not result in the loss of any employment benefit that the employee earned before their leave.
The City may require employees to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
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106.1.14 TIME ACCRUAL
Please contact the Administrative Services Officer or their designee with any questions regarding accrual of other City provided paid leave benefits (such as vacation, PTO or sick leave) during unpaid CFRA leave.
106.1.15 CARRYOVER
CFRA entitlement does not carry over; if not used withing the designated 12-month period, the 12 weeks of leave do not accrue to the following year. 106.1.16 INTERMITTENT LEAVE
Employees may take CFRA leave intermittently (in blocks of a few days or hours at a time, or by reducing their normal weekly or daily work schedule) if the leave is for the serious health condition of the employee or a qualifying family member and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The employee must provide medical certification that such intermittent leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The smallest increment of time that can be used for such leave is one hour.
The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
Employees may not take intermittent leave or leave on a reduced schedule for healthy baby/child bonding leave.
106.2 LEAVE BECAUSE OF PREGNANCY, CHILDBIRTH, RELATED
MEDICAL CONDITION, OR REPRODUCTIVE LOSS
106.2.1 PREGNANCY DISABILITY LEAVE (PDL)
This policy applies to employees who are pregnant, have a related medical condition, or are recovering from childbirth. Any employee planning to take pregnancy disability leave should advise the Administrative Services Officer or their designee as early as possible. The employee should make an appointment with the Administrative Services Officer or their designee to discuss the following:
• Duration of pregnancy disability leave will be determined by the advice of the employee's health care provider, but employees disabled by pregnancy may take up to four months of protected leave per pregnancy (the working days an employee would normally work in one-third of a year or 17 1/3 weeks). Part-time employees Item 2E283
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are entitled to such leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by the employee's pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care, doctor-ordered bed rest, as well as other reasons. The employee’s healthcare provider determines how much time is needed for the employee’s disability.
• The City will also reasonably accommodate medical needs related to pregnancy, childbirth, or related conditions or temporarily transfer the employee to a less strenuous or hazardous position (where one is available) or modify the employee’s duties if medically needed because of their pregnancy.
• Requests for pregnancy disability leave must be submitted in writing to the Administrative Services Officer or their designee with reasonable advance notice.
All leaves must be confirmed in writing and have an anticipated date of return as stated on the employee’s medical certification. An employee who needs to take pregnancy disability must inform the City when leave is expected to begin and how long it will likely last.
• If the need for a leave, reasonable accommodation, or transfer is foreseeable (such as the expected birth of a child or a planned medical treatment for the employee), an employee must provide at least 30 days advance notice before the pregnancy disability leave or transfer is to begin. An employee must consult with their supervisor regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the City. Any such scheduling is subject to the approval of the employee's health care provider. • For emergencies or unforeseeable events, an employee should notify the City, at least verbally, as soon as practical after learning of the need for the leave. • Failure to comply with these notice requirements may result in delay of leave, reasonable accommodation, or transfer.
• Pregnancy leave usually begins when ordered by the employee's health care provider. The employee must provide the City with a written certification from a health care provider for need of PDL, reasonable accommodation or transfer. The certification must be returned no later than 15 calendar days after it is requested by the City. Failure to do so may, in some circumstances, delay PDL leave, reasonable accommodation or transfer. The certification must state that (1) the employee is disabled from working by pregnancy, childbirth, or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth, or a related medical condition, and (3) the estimated duration or end date of the leave. Employees should see the Administrative Services Officer or their designee for a medical certification form to provide to their health care provider.
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• Return from leave requires a release from employee's health care provider. • Pregnancy disability leaves are without pay. However, the City requires employees to use accrued sick time (if otherwise eligible to take the time) during a pregnancy disability leave. Employees will be allowed to use accrued vacation or personal time (if otherwise eligible to take the time) during pregnancy disability leave once sick leave is depleted.
• Leave does not need to be taken in one continuous period and may be taken intermittently, as needed. Leave may be taken in increments of one hour. 106.2.2 REINSTATEMENT
Upon submission of a medical certification that an employee is able to return to work from pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave begins or, if the employee’s original position is no longer available, to a comparable, open position. There are limited exceptions to this policy. If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify potential reasonable accommodation in accordance with these Policies. An employee returning from pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed. 106.2.3 BENEFITS WHILE ON LEAVE
Employees on pregnancy disability leave will be allowed to continue to participate in group health insurance coverage for up to a maximum of four months of disability leave (if such insurance was provided before the leave was taken) at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. In some instances, an employer can recover from an employee premiums paid to maintain health coverage if the employee fails to return following pregnancy disability leave. PDL may impact other benefits or a seniority date. Please contact the Administrative Services Officer or their designee for more information.
The right to continued group health coverage during pregnancy disability leave is a separate and distinct entitlement from the CFRA leave entitlement.
Payment is due when such payment would be made by payroll deduction.
Sick and vacation leaves accrue while an employee is on unpaid pregnancy disability leave.
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106.2.4 LEAVE FOR REPRODUCTIVE LOSS
The City provides employees who have been employed at least 30 calendar days with Reproductive Loss Leave, in the event of a “Reproductive Loss Event” “Reproductive Loss Event” means the day or, for a multiple-day event, the final day of a Failed Adoption, Failed Surrogacy, Miscarriage, Stillbirth, or an Unsuccessful Assisted Reproduction, as those terms are defined below:
(a) “Failed Adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed. (b) “Failed Surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of surrogacy. (c) “Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
(d) “Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
(e) “Unsuccessful Assisted Reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.
This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.
Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event.
Reproductive Loss Leave is not required to be taken consecutively, but such leave must be taken within three (3) months of the Reproductive Loss Event, with the exception that, if an employee is on California Family Rights Act (“CFRA”) leave, Pregnancy Disability Leave (“PDL”), or another leave protected by state or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use Reproductive Loss Leave within three (3) months of the end date of the other protected leave.
If an employee experiences more than one Reproductive Loss Event within a 12-month period, the City will provide Reproductive Loss Leave up to a maximum of 20 days within a 12-month period.
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Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation in order to provide for their compensation while on Reproductive Loss Leave.
The City will maintain the confidentiality of any employee who requests to use or uses Reproductive Loss Leave, and the City will not disclose such information other than to internal personnel on a need-to-know basis, or as required by law. 106.3 JURY DUTY AND COURT-ORDERED WITNESS LEAVE
The City encourages employees to serve on jury duty when called. Any employee, including a temporary or seasonal employee, who is summoned to serve on a jury, or subpoenaed or ordered to be a witness, must notify their supervisor as soon as possible.
Non-exempt employees who have completed their introductory periods will receive full pay for actual work hours missed while serving up to 20 days of jury duty. The time spent on jury duty or serving as a witness is not work time for purposes of calculating overtime compensation. The City will offset from pay the amount the employee receives from the Court for jury fees, but not mileage or other reimbursements that the court may provide.
Exempt employees will receive their full salary while on jury duty or while serving as a witness unless they are absent for a full week and perform no work during such period.
Employees must notify their supervisor of the need for time off for jury duty as soon as possible after a notice or summons from the court is received. Employees may be requested to provide written verification from the court clerk of performance of jury service.
If work time remains after any day of jury selection or jury duty, employees should contact their supervisor to determine if they are to return to work for the remainder of their work schedule.
Any employee, including a seasonal or temporary employee, who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of their City job duties, must provide their supervisor as much advance notice as is possible. The City will determine whether the matter involves an event or transaction during the employee’s City job duties. If so, this leave to appear in court will be without loss of compensation, and the time spent will be considered work time. The City will offset the amount from pay the employee receives for witness fees.
Any employee, including a temporary or seasonal employee, who is subpoenaed to appear, or appears in court because of civil or administrative proceedings that they initiated, is not entitled to receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay or may use any accrued leave other than sick leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB Item 2E287
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conferences or hearings, or at a personnel or merit commission is entitled to paid release time.
106.4 MILITARY LEAVE
Military Leave will be granted in accordance with state and federal law.
Employees who wish to serve in the military and take military leave should contact their supervisor for information about their rights before and after such leave. Employees are entitled to reinstatement upon completion of military service, provided they return or apply for reinstatement within the time allowed by law. Authorized leaves of absence for National Guard/Reservist annual training shall be granted in accordance with the provisions of State law.
. Employees must provide advance notice of military service when feasible and provide a copy of military orders when available. The timing of military leave will be governed by the employee’s military orders and applicable federal and state law. Extensions of unpaid leave beyond state and federal law are subject to the discretion of the City Manager. 106.5 BEREAVEMENT LEAVE
In the event of a death of any “immediate family member” of an employee, the employee will be entitled to a period of three (3) workdays of leave with pay, and two (2) additional days of unpaid, but protected, leave. Employees may use vacation, personal leave, accrued and available sick leave, or other accrued time off to provide for their compensation during any bereavement leave in excess of three (3) days.
This leave can only be taken within three (3) months after the death of an immediate family member.
“Immediate family member” shall include the employee’s spouse, registered domestic partner, child, parent, sibling, grandparent, grandchild, and those relationships recognized by law as in‐law, half, step, adopted, and foster family members. Employees must notify their Department Head as soon as possible after the death of an immediate family member as to which dates the employee will be on bereavement leave. 106.6 SCHOOL APPEARANCES INVOLVING SUSPENSION
Any employee who is the parent or guardian of a child in kindergarten through grade 12 may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child’s school if the child has engaged in the following acts: (1) committed any obscene act; (2) habitually used profanity or vulgarity; (3) disrupted school activities; or (4) otherwise willfully defied the valid authority of school personnel.
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If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, the employee should alert their supervisor as soon as possible before leaving work. In compliance with California Labor Code Section 230.7, the City shall not impose any disciplinary action against an employee who takes time off for this purpose.
106.7 TIME OFF FOR VOTING
If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off a sufficient amount of working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours’ time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall provide their supervisor with at least two days’ notice. 106.8 VICTIMS OF CRIME LEAVE
An employee, including seasonal and temporary employees, who is a victim or who is the family member of a victim of certain serious crimes may take time off from work to attend judicial proceedings related to the crime or to attend proceedings involving rights of the victim.
A family member of a crime victim may be eligible to take leave to attend judicial proceedings related to a crime if they are the crime victim’s spouse, registered domestic partner, parent, child, stepchild, child of the registered domestic partner, sibling, stepsibling, or stepparent.
The absence from work must be in order to attend judicial proceedings or proceedings involving rights of the victim. Employees must provide reasonable advance notice of their need for leave, and the City may require documentation from the District Attorney, victim’s rights office, or court/governing agency related to the proceeding. If advance notice is not possible, employees must provide appropriate documentation within a reasonable time after the absence. Any absence from work to attend judicial proceedings or proceedings involving victim rights will be unpaid, unless employees choose to use accrued vacation, sick, or other paid time off.
Any employee who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the City with reasonable advance notice.
If advance notice is not feasible, the employee must provide the City within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to Item 2E289
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this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.
For more information regarding this leave (including whether an employee is covered, when and what type of documentation is required, and which type of paid time off can be used), employees should contact the Administrative Services Officer or their designee. 106.9 DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING LEAVE Employees who are victims of domestic violence, sexual assault and stalking are eligible for unpaid leave. Although the leave is generally unpaid, employees can use their paid sick time under California's Healthy Workplaces, Healthy Families Act for the purposes described below.
Employees may request leave if they are involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure their health, safety or welfare, or that of their child. Employees must provide reasonable advance notice of the need for leave to their supervisor unless advance notice is not feasible. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse.
Any employee, including seasonal and temporary employees, who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or other time off.
The City will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave or accommodation under these provisions.
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106.10 VOLUNTEER CIVIL SERVICE PERSONNEL
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. Employees who perform emergency duties as volunteer firefighters, reserve peace officers, or emergency rescue personnel may also take up to a total of 14 days unpaid leave time per calendar year to engage in required fire, law enforcement or emergency rescue training. Employees should alert their supervisor that they may have to take time off for emergency duty or emergency duty training. When taking time off for emergency duty, employees should alert their supervisor before doing so when possible. 106.11 PAID ADMINISTRATIVE LEAVE
The City has the right to place an employee on leave with full pay for non-disciplinary reasons at any time when the City Manager or their designee has determined that the employee’s and/or City’s best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay. 106.12 LEAVE OF ABSENCE WITHOUT PAY
Unless authorized by law or a City policy, an employee is not entitled to a leave of absence without pay. An authorized leave of absence without pay is not a break in service for purposes of calculating seniority. Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City will not maintain contributions toward group insurance or retirement coverage for the employee on such leave. During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
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107. CONFIRMATION OF HARASSMENT
POLICY
I have received my copy of the City's Harassment, Discrimination and Retaliation Prevention policy. I understand and agree that it is my responsibility to read and familiarize myself with this policy.
I understand that the City is committed to providing a work environment that is free from harassment, discrimination and retaliation. I acknowledge that I have received and reviewed the policy.
Employee's Signature
____________________________________________________
Employee's Printed Name
________________________________________________
Date ____________________________
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108. CONFIRMATION OF RECEIPT
I have received my copy of the City of Colfax Employee Handbook. Represented employees should also refer to their Memorandum of Understanding. I understand and agree that it is my responsibility to read and familiarize myself with both as applicable. I will follow the rules, policies and procedures of the City of Colfax to the best of my ability.
Employee's Signature
______________________________________________
Employee's Printed Name
________________________________________________
Date ____________________________
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WHISTLEBLOWER COMPLAINT FORM
Instructions:
Complete this form and return it to a supervisor, the Administrative Services Officer, or the City Manager. This is a confidential format to report any wrongdoing; if your report results in criminal prosecution, you may be called upon to testify, and confidentiality may not be maintained.
Name (Optional): ______________________________________________________ Address (Optional):
______________________________________________________
______________________________________________________________________ ______________________________________________________________________
Are you a City of Colfax employee? Yes No
If yes, what is your position or relationship to the City (Optional)? _________________ Work Phone (Optional): _________________________________________________ Home/Cell Phone (Optional): _____________________________________________
1. Identify the person or persons against whom your allegations are made. _____________________________________________________________________
2. Describe the nature of your complaint, the incident(s) or event(s), date(s), time(s), and place(s). Attach additional pages to this complaint if necessary. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
3. Identify others who may have observed or witnessed the incident(s) that you described.
______________________________________________________________________
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4. Do you have any documents that support your allegation? (Please list and attach copies).
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Submit the completed form to one of the following:
[email protected] or mail to:
City of Colfax
Attention Whistleblower Program
PO Box 702
Colfax, CA 95713
Item 2E295
Staff Report to City Council
FOR THE JUNE 24, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Renewal of Agreement for Law Enforcement Services with the Placer County Sheriff's Office
Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
The City of Colfax contracts with the Placer County Sheriff's Office for municipal law enforcement services.
Under this arrangement, the Sheriff's Office provides police services within the City including patrol operations, investigations, traffic enforcement, emergency response, dispatch coordination, and related public safety services.
Contracting for law enforcement services allows the City to provide professional police services without the substantial costs associated with establishing and operating a standalone municipal police department. The Sheriff's Office currently provides similar contract services to the Town of Loomis and has served the City of Colfax under contract for many years.
The existing agreement expires on June 30, 2026. The proposed renewal continues the City's longstanding partnership with the Sheriff's Office and ensures uninterrupted public safety services for Colfax residents and businesses.
Conclusions and Findings
The proposed agreement renews law enforcement services for an additional term beginning July 1, 2026. The agreement provides for continued delivery of municipal law enforcement services including:
• General patrol services;
• Response to emergency and non-emergency calls for service; • Criminal investigations;
• Traffic enforcement;
• Community policing activities;
• Coordination with City staff regarding public safety issues and special events.
The Sheriff's Office provides contract law enforcement services to incorporated jurisdictions within Placer County in addition to its countywide responsibilities.
RECOMMENDED ACTION: Adopt Resolution __-2026 Approving the renewal of the Agreement for Law Enforcement Services between the City of Colfax and the Placer County Sheriff’s Office for Years 2026- 2029 (July 1, 2026-June 30, 2029) and authorize the City Manager to execute the agreement.
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Consistent with prior agreements, annual contract costs are adjusted to reflect changes in salaries, benefits, equipment, and operating expenses incurred by the Sheriff's Office. Previous contract amendments have utilized this methodology to establish annual service rates.
Renewal of the agreement ensures continuity of service, maintains established working relationships between City staff and Sheriff's personnel, and avoids disruption to public safety operations.
Fiscal Impact
For Fiscal Year 2026-2027 (July 1, 2026-June 30, 2027) during the Agreement period, the City agrees to pay the County the sum of $1,082,050, due in quarterly installments of $270,513. For Fiscal Year 2027-2028 (July 1, 2027 - June 30, 2028) during the Agreement period, The City agrees to pay the County the sum of $1,141,563, due in quarterly installments of $285,391. For Fiscal Year 2028-2029 (July 1, 2028 - June 30, 2029) during the Agreement period, The City agrees to pay the County the sum of $1,204,349, due in quarterly installments of $301,087.
Law enforcement services represent one of the City's largest General Fund expenditures and are a critical municipal service. Contracting with the Sheriff's Office continues to provide the City with access to specialized resources, training, investigative support, and countywide public safety systems that would be difficult and costly for a city the size of Colfax to independently provide.
Attachments:
1. Resolution __-2026
2. July 1, 2026-June 30, 2029 Agreement for Law Enforcement Services between the City of Colfax and the Placer County Sheriff's Office.
3. July 1, 2023 -June 30, 2026 Agreement for Law Enforcement Services between the City of Colfax and the Placer County Sheriff's Office.
4. Colfax Contract FY26-27_Cost Summary Explanation.
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_________________________________________________________________________________________ City of Colfax Renewal of Agreement for Law Enforcement Services with the Resolution _-2026 Placer County Sheriff's Office
City of Colfax
City Council
Resolution № __-2026
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR LAW
ENFORCEMENT DERVICES BETWEEN THE CITY OF COLFAX AND THE PLACER COUNTY SHERIFF’S OFFICE FOR FISCAL YEARS 2026 – 2029.
WHEREAS, the City of Colfax ("City") is authorized pursuant to California Government Code Sections 51350 and 54981 to contract with other public agencies for the performance of municipal services; and,
WHEREAS, the City has historically contracted with the Placer County Sheriff's Office for the provision of municipal law enforcement services; and,
WHEREAS, the Placer County Sheriff's Office provides professional law enforcement services including patrol, investigations, traffic enforcement, emergency response, and community policing activities within the City; and,
WHEREAS, the existing agreement for law enforcement services is set to expire on June 30, 2026; and,
WHEREAS, the City of Colfax wishes to execute another agreement with the Placer County Sheriff’s Office for law enforcement services.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with Placer County Sheriff’s Office for law enforcement services.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on June 24, 2026, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Caroline McCully, Mayor
ATTEST:
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Gabrielle Christakes, City Clerk
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Item 8E300
Item 8E301
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Item 8E303
CONTRACT NO.
ADMINISTERING AGENCY: Placer County Sheriff-Coroner-Marshal
AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES
THIS AGREEMENT is by and between the COUNTY OF PLACER, Office of the Sheriff-Coroner-Marshal, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and the CITY OF COLFAX, a municipal corporation, herein referred to as "CITY".
1. DURATION OF AGREEMENT
This Agreement shall commence on July 1, 2026, for a period of three years, expiring on June 30, 2029, unless terminated as provided herein.
2. TERMINATION
A. Terms and conditions specifying the level of service and the amounts of payment for services are set out in this Agreement. In the event of unforeseen circumstances affecting the obligations of the parties, or their ability to perform, each party to this Agreement may terminate all obligations and duties agreed to herein by providing to the other party not less than 120 days advance written notice of termination.
B. In the event CITY fails to make the payments required by Section 6, the COUNTY shall be relieved of all obligations to provide the services set out in this Agreement thirty (30) days after such default.
3. DUTIES OF COUNTY
A. COUNTY shall provide law enforcement services as defined herein within the jurisdiction of the CITY. For this purpose, law enforcement services mean services generally provided within the boundaries of a city by a city police department, including, but not limited to the enforcement of state and local criminal laws. Such services include patrol, detectives, juvenile services, traffic enforcement, and traffic accident investigation.
B. COUNTY shall provide and supervise all personnel, furnish all equipment, and except as hereafter provided those supplies necessary to perform its duties under this Agreement. CITY shall provide all supplies bearing the name of, or relating specifically to the CITY, such as stationery, forms, and notices. For CITY specific specialized programs, including radar speed enforcement, the CITY shall purchase and maintain the required equipment.
C. COUNTY alone shall control and determine the performance of County personnel serving under this Agreement, including, but not limited to the standards of personnel performance and discipline.
D. COUNTY shall provide CITY with annual reports and statistics regarding the services performed by it under this Agreement, such report to be in a form mutually agreed upon by CITY and the Sheriff of COUNTY.
E. COUNTY shall give CITY the full cooperation and assistance of its officers, agents, and employees.
4. DUTIES OF CITY
A. CITY shall designate the Sheriff of COUNTY as Chief of Police for CITY during the term of this Agreement. The Sheriff will designate a liaison officer to work closely with the CITY.
B. CITY shall give COUNTY the full cooperation and assistance of its officers, agents and employees. The CITY Manager and other persons designated by the CITY Council shall coordinate with the Sheriff in all activities by or relating to this Agreement.
5. STATUS OF PERSONNEL UTILIZED
A. COUNTY shall utilize COUNTY personnel to perform its duties under the terms of this Agreement. They shall not have, nor acquire, any CITY pension, or civil service or other benefits or rights which CITY may confer upon CITY employees, except that for the purpose of giving them official status in the performance of their duties, such personnel shall be deemed to be officers and agents of CITY.
B. CITY shall not be liable for the payment of any salaries, wages, or other benefits or compensation to any COUNTY personnel performing duties under this Agreement. CITY shall not be liable for compensation or indemnity to any COUNTY personnel for injury or sickness arising out of the performance of their duties under this Agreement.
6. PAYMENT FOR SERVICES
For Fiscal Year 2026-2027 (July 1, 2026-June 30, 2027) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,082,050, due in quarterly installments of $270,513, as outlined in Exhibit A “Compensation”. For Fiscal Year Item 8E304
2027-2028 (July 1, 2027 - June 30, 2028) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,141,563, due in quarterly installments of $285,391, as outlined in Exhibit A "Compensation". For Fiscal Year 2028- 2029 (July 1, 2028 - June 30, 2029) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,204,349, due in quarterly installments of $301,087, as outlined in Exhibit A “Compensation”.
Nothing in this Agreement is intended to alter the effect of any statute or County Ordinance related to fees for housing of inmates sustained for City Ordinance violations or for Criminal Justice Administration fees, (i.e., Government Code Section 29550, et seq., Placer County Code Section 50).
7. LEVEL OF SERVICE
For the term of this Agreement beginning July 1, 2026 and ending June 30, 2029, both dates inclusive, COUNTY shall provide routine patrol and related services for the CITY on a 24-hour per day basis within CITY boundaries. The dedicated FTEs by classification are outlined in Exhibit B "Staffing Levels". Dedicated FTEs will remain unchanged throughout the Agreement period unless both parties agree to adjustments, which may result in changes to compensation.
Additional services associated with special events within the CITY boundaries may incur additional cost. COUNTY and CITY shall discuss and agree upon the additional services and additional costs necessary to support the special event.
In the event the CITY's General Fund financial condition substantially changes, both PARTIES agree to meet and reevaluate the Agreement and service levels provided herein.
8. INDEMNIFICATION
Except as hereinafter provided, COUNTY shall indemnify and hold harmless CITY, its officers and employees, from any and all claims, actions, or proceedings, or liability for injuries or damages to persons and property caused by COUNTY'S performance of services under this Agreement. COUNTY shall defend on behalf of CITY, at COUNTY'S sole expense, any such actions or proceedings and shall pay, when final, any judgments, awards or settlements in any such actions or proceedings. Neither COUNTY nor any officer or employee thereof, shall be responsible for injuries or damages to persons or property occurring by reason of anything done or omitted to be done by CITY under or in connection with this Agreement. CITY shall defend, indemnify and hold harmless COUNTY from liability from such actions or omissions.
9. FINES, FORFEITURES
A. Except as provided in subparagraph "B" below, CITY shall receive proceeds of all fines, forfeitures, penalties and payments for infractions, including all traffic citation proceeds.
B. All forfeitures under federal law or the California Control of Profits of Organized Crime Act (Penal Code Sec. 186 et seq.) shall be disbursed as provided in federal law or Penal Code Sec.186.8.
10. CITY FACILITIES
A. The CITY will provide the COUNTY adequate office space for law enforcement related needs as agreed upon by the CITY and the COUNTY.
B. CITY will provide adequate lighting of the parking area in front of the Colfax Substation where patrol unit(s) will be parked.
C. CITY will pay for all normal utility services for such space, including telephone services consisting of at least two phone lines (excluding any long-distance phone calls).
D. CITY will also pay for custodial/maintenance service to the office space they provide to the COUNTY.
11. NOTIFICATION
Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:
Placer County Sheriff’s Office City of Colfax
Attn: Jerry Rogers Attn: City Manager
2929 Richardson Drive PO Box 702
Auburn, CA 95603 Colfax, CA 95713
Phone: (530) 889-6965 Phone: (530) 346-2313
Fax: (530) 886-3833 Fax: (530) 346-6214
Item 8E305
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.
CITY OF COLFAX (“CITY”) COUNTY OF PLACER (“COUNTY”)
_____________________________________
City Manager
_____________________________________
Wayne Woo, Sheriff-Coroner-Marshal
Date: _______________________________ Date: ______________________________ Approved as to Form
City of Colfax Counsel
_____________________________________
Approved as to Form
Office of Placer County Counsel
_____________________________________
Date: _______________________________ Date: _______________________________ EXHIBITS:
Exhibit A: Compensation
Exhibit B: Staffing Levels
Item 8E306
EXHIBIT A
COMPENSATION
For Fiscal Year 2026-2027 (July 1, 2026-June 30, 2027) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,082,050, due in quarterly installments of $270,513, as outlined in Exhibit A “Compensation”. For Fiscal Year 2027-2028 (July 1, 2027 - June 30, 2028) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,141,563, due in quarterly installments of $285,391, as outlined in Exhibit A "Compensation". For Fiscal Year 2028-2029 (July 1, 2028 - June 30, 2029) during the Agreement period, CITY agrees to pay COUNTY the sum of $1,204,349, due in quarterly installments of $301,087.
Quarterly installments shall be due on October 1, January 1, April 1 and August 1 of each year of the Agreement period.
Term Annual Amount Quarterly Installment
July 1, 2026 to June 30, 2027 $1,082,050 $270,513
July 1, 2027 to June 30, 2028 $1,141,563 $285,391
July 1, 2028 to June 30, 2029 $1,204,349 $301,087
EXHIBIT B
STAFFING LEVELS
Dedicated FTEs will remain unchanged throughout the Agreement period unless both parties agree to adjustments, which may result in changes to compensation.
Classification FTE
Sergeant 0.5
Deputy Sheriff II 2.25
Detective (Deputy Sheriff II) 0.1
Item 8E307
Cost Category Explanation
Personnel Salaries & Benefits increases: DSA General Wage increases of 4%, 4% and 3% over the past 3 years. Other benefits, Workers Comp and General Liabilities have also increased department-wide.
Communication Communication costs have increased primarily due to overall County IT charges, mobile phones and new in car radio expenses.
Direct Operational Support Costs directly related to Dispatch, Evidence, Records, Sheriff's IT, Fiscal and HR staff supporting the Deputies and Sergeant assigned to Colfax. General wage and benefits have increased year over year.
Equipment & Supplies Year over year increases in Supplies costs. New personal duty equipment (MDC laptops, Motorola hand held radios with mulitband capabilities, new body worn camera and tasers for Deputies and Sergeants).
Training Training costs per deputy
Vehicle Expense Vehicle rate increased due to year over year increase in vehicle replacements, parts, maintenance and fuel costs.
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