Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
June 24, 2026
Colfax Council Agenda
CityCouncil Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
REGULARMEETINGAGENDA
June 24, 2026
Open Session 6:00 PM
You may access the meeting and address the Council by the following means:
ZOOM at
https://us02web.zoom.us/j/84968570574
Dial in by calling one of the numbers listed below and enter the Webinar ID:
849 6857 0574
1 669 900 6833 / 1 669 444 9171 / 1 719 359 4580 / 1 253 205 0468 View Only on Facebook Live on our City of Colfax page: City of Colfax, California. You may also submit written comments to the City Clerk via email at [email protected], via regular mail to P.O. Box 702, Colfax CA 95713, or by dropping them off at City Hall, 33 S. Main Street, Colfax CA 95713. Comments received will be submitted to Council and made a part of the record.
While the City makes every effort to allow public participation in City Council meetings via Zoom and Facebook Live as described above, we cannot guarantee these services will be accessible. We encourage interested members of the public to submit written comments in advance of the meeting or attend the meeting in person. 1 OPEN SESSION
1A. Call Open Session to Order
1B. Pledge of Allegiance
1C. Roll Call
1D. Approval of Agenda Order
Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Recommended Action: By motion, accept the agenda as presented or amended. 1E. Statement of Conflict of Interest
2 CONSENT CALENDAR
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote. No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.
Recommended Action: By motion, approve the Consent Calendar. 1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
June 24, 2026
Colfax Council Agenda
2A. City Projects Report
Recommended Action: Accept report.
2B. Minutes – June 10, 2026 Regular Meeting
Recommended Action: Approve the Colfax City Council minutes dated June 10, 2026 (Regular Meeting),
2C. Forklift for Wastewater Plant
Recommended Action: Adopt Resolution __-2026 Authorizing the City Manager to purchase a forklift for the Wastewater Treatment Plant in an amount not to exceed $43,144.04 and authorize the City Manager to execute all necessary purchase documents. 2D. Local 39 Employment Labor Agreement
Recommended Action: Approve Resolution No. -2026, authorizing the Mayor and City Manager to execute the updated Memorandum of Understanding between the City of Colfax and IOUE, Stationary Engineers, Local 39 Representing General Employees July 1, 2026 through June 30, 2029. 2E. Employee Handbook Update
Recommended Action: Approve Resolution No. -2026, adopting the updated City of Colfax Employee Handbook to supersede the Employee Handbook adopted July 1, 2017, and authorizing the City Manager to make non-substantive corrections as needed. *** End of Consent Calendar ***
3 AGENCY REPORTS -
3A. Placer County Sheriff’s Office
3B. California Highway Patrol
3C. Placer County Fire Department/CALFIRE
3D. Caltrans
3E. Non-Profits
4 PRESENTATIONS (NONE)
5 PUBLIC HEARING (NONE)
6 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should notexceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda. 2 (Pages 4-7)
(Pages 8-14)
(Pages 15-67)
(Pages 63-124)
(Pages 125-295)
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
June 24, 2026
Colfax Council Agenda
I, Gabrielle Christakes, City Clerk for the City of Colfax, declare that this agenda was posted June 18, 2026 in accordance with the Brown Act at Colfax City Hall, Colfax Post Office United States. The agenda is also available on the City website at http://colfax-ca.gov/
Gabrielle Christakes, City Clerk
Administrative Remedies must be exhausted prior to action being initiated in a court of law. If you challenge City Council action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice/agenda, or in written correspondence delivered tothe City Clerk of the City of Colfax at, or prior to, said public hearing.
LEVINE ACT WARNING: In certain instances, parties, participants, and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308, California Code of Regulations Sections 18438.1 through 18438.8, and Fair Political Practices Commission Opinion 0-22-002. All parties, participants, and their agents are hereby directed to review these sections for compliance. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. 7 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda. 7A. Committee Reports and Colfax Informational Items – All Councilmembers 7B. City Operations Update – City Manager
8 COUNCIL BUSINESS
8A. Renewal of Agreement for Law Enforcement Services with the Placer County Sheriff’s Office 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. 9 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
9A. Public Comment on Good of the Order
Members of the public are permitted to address the Council on matters that relate to general welfare of the City that have not been previously discussed on this agenda. Oral comments may not exceed five (5) minutes.
Written comments should not exceed 800 words.
10 CLOSED SESSION (NONE)
ADJOURNMENT
3 (Pages 296-308)
City of Colfax City Project(s) Report
Staff Report June 24, 2026
Staff Report to City Council
FOR JUNE 24, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: City Projects Report
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The following is a list of projects, by department, which have either been completed or are in progress.
Week of May 31 – June 6, 2026
City Manager
• Agenda Preparation.
• Met with a Promoter to Market the City.
• Checked the Skate Park Site during dirt delivery.
• Coordinated Downtown cleanup with City Maintenance Crew.
Planning Department
• Wildfire grant
• Zoning inquiries for two parcels on Whitcomb (one mobile home park and one multifamily) • Two sign inquiries
• Follow up on the Colfax event center septic requirements • Meeting with Placer County regarding the proposed RV Resort • Review of draft energy audit and coordination
Maintenance Department
• Repaired broken irrigation at the ballpark and at Roy Toms Park. • Seeded and fertilized the Ballpark and the Depot grass area. • Completed a full cleanup at the ballpark, including trash removal, rock debris, and clearing under the bleachers.
• Painted benches at the Depot.
• Met with Mark from Sherwin-Williams to review proper primer and paint selection for the Depot concrete.
• Dropped off and retrieved the Toro mower from Citrus Mower; had the blower motor and bags installed. • Pulled out electronic message boards and put them on charge. • Repaired brakes on the backhoe.
• Filled potholes throughout town.
• Replaced air filters at the Depot.
• Mowed all city parks.
Wastewater Treatment Plant/Sewer
RECOMMENDED ACTION: Accept report.
Item 2A4
City of Colfax City Project(s) Report
Staff Report June 24, 2026
• No issues in collection system.
• Belt press belt broke. Ordered new belt
• Wasting valve broke. Ordered repair kits
• High solids in plant due to valve breaking on wasting line. • Weed abatement around the plant.
• Processing water out of pond 3
• Plant flows Normal this week.
City Clerk
• Prepared Minutes for 5/27/26 Regular Meeting
• Prepared Minutes for 5/21/26 Special Meeting
• Met w/Nell and went over processes
• 6/10/26 Agenda preparation
• Set up training on CivicPlus Agenda and Meeting Management Administrative Services
• Approved accounts payable batch.
• Worked on chart of accounts ERP Pro 10 conversion.
• Uploaded accounts payable, payroll, cashiering and utility billing to the general ledger. • Approved multiple deposit batches.
Engineering
• Emails and general coordination; staff meeting.
• Skatepark coordination and prepared agreements.
• Complaints.
• Encroachment permits.
• Emails and general coordination; staff meeting
• Skatepark coordination
• Amtrak coordination
• Complaints
Building/Code Enforcement
• Met with Tesla contractors at 421 S. Auburn for Final. Created conditions of approval for final and once the electrical was tested and commissioned, I issued a Temporary Certificate of Occupancy so they could open for business.
• Inspected slab of building at 140 N. Foresthill Rd. that burned down recently. • Inspected sewer lateral video inspections.
• Reviewed and responded to weed abatement complaints.
Item 2A5
City of Colfax City Project(s) Report
Staff Report June 24, 2026
Week of June 7- 13, 2026
City Manager
• I.T. Work at City Hall
• Attended Groundbreaking Event at the Future Skate Park site. • Met with Matt at the WWTP to discuss ongoing projects • Agenda Preparation.
• Met with Amanda Palmquist with the Chamber of Commerce. • Attended OES/FEMA Meeting.
Planning
• Wildfire grant
• Zoning inquiries for two parcels on Whitcomb (one mobile home park and one multifamily) • Two sign inquiries
• Follow up on the Colfax event center septic requirements • Meeting with Placer County regarding the proposed RV Resort • Review of draft energy audit and coordination
Maintenance Department
• Repaired broken irrigation at the ballpark and Roy Toms Park. • Seeded and fertilized the ballpark and the Depot.
• Completed a full cleanup at the ballpark, including trash removal, rock debris, and clearing under the bleachers.
• Painted benches at the Depot.
• Met with Mark from Sherwin-Williams to review proper primer and paint selection for the Depot concrete.
• Dropped off and retrieved the Toro mower from Citrus Mower; had the blower motor and bags installed. • Pulled out electronic message boards and put them on charge. • Repaired brakes on the backhoe.
• Filled potholes throughout town.
• Replaced air filters at the Depot.
• Mowed all city parks.
Wastewater Treatment Plant/Sewer
• No issues in collection system.
• Belt press belt broke. Ordered new belt
• Wasting valve broke. Ordered repair kits
• High solids in plant due to valve breaking on wasting line. • Weed abatement around the plant.
• Processing water out of pond 3
• Plant flows Normal this week.
City Clerk
• Continued CivicPlus Training
• SB827 Mandatory Training (Fundamentals of Muni Finances and Financial Mgt) • Posted Public Notices
Item 2A6
City of Colfax City Project(s) Report
Staff Report June 24, 2026
• Set up Target/Vector Solutions training module for mandatory training • Clerked 6/10/26 Council meeting
• Clerked 6/11/26 Town Hall
Administrative Services
• ERP Pro 10 HRMS training for payroll configuration Mon. – Thurs. • Reviewed and approved cashiering batches.
• Reviewed and approved weekly deposit batch.
• Reviewed and approved weekly accounts payable batch.
Engineering
• Emails and general coordination; staff meeting
• Research city properties and Colfax sign at Big Brand Tire • Skatepark coordination
• CDBG – prepare agreements
• Amtrak coordination
• Maidu Village/Tesla check punch list
• SB1 funding research
• Encroachment permits and sewer evals
Building/Code Enforcement
• Out of the office
Item 2A7
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
CityCouncil Meeting COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
DRAFT REGULAR MEETING MINUTES
June 10, 2026
Open Session 6:11 PM
1 OPEN SESSION
1A. Call Open Session to Order
The June 10, 2026 City of Colfax City Council was called to order at 6:05 p.m. by Mayor McCully. 1B. Pledge of Allegiance
1C. Roll Call
Present: Councilmembers Kim Douglass, Sean Lomen, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Absent: Councilmembers Trinity Burruss
1D. Approval of Agenda Order
Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Action: With a motion by Councilmember Sean Lomen and a second by Councilmember Larry Hillberg, Council voted 4-0 to accept the Agenda Order as presented.
Ayes: Councilmembers Kim Douglass, Sean Lomen, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
1E. Statement of Conflict of Interest
No new conflicts were identified by the Council or the public. 2 CONSENT CALENDAR
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote. No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.
Item 2B8
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
Action: With a motion by Councilmember Larry Hillberg and a second by Councilmember Sean Lomen , Council voted by roll call vote 4-0 approving the Consent Calendar with the removal of Item 2D for separate consideration.
Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
2A. City Projects Report
Recommended Action: Accept report.
2B. Minutes – May 21, 2026 Budget Meeting and May 27, 2026 Regular Meeting Recommended Action: Approve the Colfax City Council minutes dated May 21,2026 (Budget Workshop) and May 27, 2026 (Regular Meeting),
2C. Annual Appropriation Limits
Recommended Action: Adopt Resolution No. ___-2026 certifying compliance with the Fiscal Year 2025- 2026 Appropriation Limitation and establishing the Appropriation Limitation for the Fiscal Year 2026- 2027.
2E. FY 2026/2027 Senate Bill 1 (SB1) Funding Project List Recommended Action: Adopt Resolution _-2026 adopting a list of potential projects to be funded in full or in part by SB 1: The Road Repair and Accountability Act, ensuring eligibility for State of California Road Maintenance and Rehabilitation Account (RMRA) revenues. *** End of Consent Calendar ***
2B. Colfax Visitor Center Letter of Appreciation for the City's Donation Recommended Action: Receive and File
Action: With a motion by Mayor Pro Tem Larry Hillberg and a second by Councilmember Sean Lomen , Council voted by roll call vote 4-0 to Receive and File Letter of Appreciation:
There was no public comment.
Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
3 AGENCY REPORTS -
3A. Placer County Sheriff’s Office
Sgt. Tobi Williams reported:
• Calls for Service: 182 total calls
Item 2B9
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
• Posted 2 deputies during the Colfax HS Graduation to guide traffic • Summer Season is in full swing with CalFire
• 3rd of July preparations moving right along
No public comment received.
3B. California Highway Patrol
Officer Jason Lyman, Gold Run CHP Information Officer reported:
• 994 citations were issued, 335 warnings, 20 arrests, of which 10 were DUI related, 0 fatality calls, 34 collisions, of which 10 caused injury. Overall, there were 10380 contacts. • Construction along Applegate will continue over the next several years • • Intermittent closures will continue on the Hwy 20 / I-80 bridge.
No public comment received
3C. Placer County Fire Department/CALFIRE
Assistant Chief Eric Schwab reported:
• Current hold on prescribed burns.
• All stations are at peak staffing
• Battalion Chief Clint Siebert transferred to Auburn.
No Public comment received by members of the public.
3D. Caltrans
• Unable to attend.
3E. Non-Profits
• 3rd of July, Administrator Caroline Presson shared all the new fun stuff that will be taking place this year. This is a special year because it is also the 250th Anniversary of the United States of America. There will also be a shuttle at the High School and Sheriff substation 4 PRESENTATIONS
Daniel Chatigny shared that Placer County is celebrating its 175th Anniversary 5 PUBLIC HEARING
5A. Delinquent Sewer Service Charges and Refuse Collection Fees (Noticed on 05/27/2026 & 06/03/2026)
Recommended Action: Conduct a public hearing to consider public and staff comments and adopt A) Item 2B10
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
Resolution __- 2026, Requesting Collection of Sewer Services Charges on the Placer County Tax Roll for Tax Year 2026-2027; and B) Resolution __-2026 A Resolution of the City Council of the City of Colfax confirming the report of delinquent refuse collection accounts and placing liens on said properties and special assessments upon property taxes pursuant to City of Colfax Municipal Code Section 8.20.130.
With a Motion by Councilmember Sean Lomen and a second by Mayor Pro Tem Larry Hillberg, Council voted 4/0 approving Resolution 22-2026 requesting Collection of Sewer Service Charges on Placer County Tax Roll and approving Resolution 23-2026 placing liens on said properties Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
No Public comment received by members of the public
5B. Residential Care Facilities Zoning Ordinance Amendment (Noticed 05/02/2026) [Continued from 05/27/2026]
Recommended Action: 1) Introduce the proposed ordinance by title only; 2) conduct a public hearing on an Ordinance to amend the Zoning Code; 3) waive the first reading; and 4) schedule the proposed ordinance for a second reading and adoption at the next regular City Council meeting currently scheduled for June 24, 2026, to be effective 30 days after adoption With a Motion by Councilmember Sean Lomen and a second by Mayor Pro Tem Larry Hillberg, Council voted 4/0 approving Item 5B to schedule for approval on June 24, 2026 meeting.
Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
No Public comment received by members of the public
6 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should notexceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
Public comment received by members of the public.
Item 2B11
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
7 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda. 7A. Committee Reports and Colfax Informational Items – All Councilmembers • Councilmember Lomen reported slow 2 weeks. Firesafe council meeting was cancelled. Skatepark had its groundbreaking
• Councilmember Douglass reported no official meetings. • Mayor Pro Tem Hillberg reported no official meetings. • Mayor McCully reported she attended SACOG. She also reported American Legion would be partnering with Union Pacific for some holiday programs that would be shipped overseas to our Troops
7B. City Operations Update – City Manager
• Wrapped up Union Negotiations
• Coordinated with finance staff on next year’s budget. • Meetings with PG&E representative and Union Pacific representative • CDBG preparation and signatures.
• Discussion of punch list for final building approval of the Arco Tesla project • Staff continue to address vegetation control along with potholes throughout the city. 8 COUNCIL BUSINESS
8A. Animal Control Contract
Recommended Action: Adopt Resolution __-2026 authorizing the City Manager to execute an agreement with Placer County Department of Health and Human Services for Animal Control and Care Services for a three-year term in an amount not to exceed $134,912.
Action: With a Motion by Mayor Pro Tem Larry Hillberg and a second by Councilmember Kim Douglass, Council voted 4/0 adopting Resolution 24-2026 Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
No Public comment received by members of the public
Item 2B12
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
8B Fiscal Year 2025-26 Year End Estimates to Close and Fiscal Year 2026-27 Proposed Budget Recommended Action: Adopt Resolution __-2026 adopting the Annual Operating Budget for Fiscal Year 2026-2027.
Action: With a Motion by Councilmember Sean Lomen and a second by Mayor Pro Tem Larry Hillberg, Council voted 4/0 to adopt Resolution 25-2026 with staff to bring back at a later date Events and the Economic Development budget.
Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
No Public comment received by members of the public
8C Construction Contract Award for CDBG Road Rehabilitation Project 2026 Recommended Action: Adopt Resolution __- 2026 authorizing the City Manager to execute a Construction Services Agreement with Simpson & Simpson, Inc. and a Consultant Services Agreement to Psomas and Geocon Consultants, Inc. for the CDBG Road Rehabilitation Project 2026.
Action: With a Motion by Councilmember Sean Lomen and a second by Mayor Pro Tem Larry Hillberg, Council voted 4/0 to adopt Resolution 26-2026 Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Trinity Burruss
No Public comment received by members of the public
9 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
• Councilmember Lomen –
o Pothole on Canyon Way by the hydrant
• Councilmember Douglass –
o Pothole on Canyon Way – Broke axle
• Mayor Pro Tem Hillberg –
o Inquired what it takes to open a Park-n-Ride – Mayor stated we are in discussions with Item 2B13
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
May 27, 2026
DRAFT Meeting Minutes
446758.1
Caltrans
• Mayor McCully –
o Town Hall Meeting tomorrow. Request only 1-2 Councilmembers attend. 9A. Public Comment on Good of the Order
Members of the public are permitted to address the Council on matters that relate to general welfare of the City that have not been previously discussed on this agenda. Oral comments may not exceed five (5) minutes.
Written comments should not exceed 800 words.
No Public Comment received on Good of the Order.
10 CLOSED SESSION
No Public Comment received on either of the Closed Session items. 10A. Conference with Labor Negotiator (Gov. Code § 54957.6) Name of City Negotiator to Attend Closed Session: Ron Walker and Josette Reina Luken No reportable action.
10B Real Property Management Negotiation (Gov. Code § 54956.8) Property Address: 1454 Canyon Way
Agency Negotiator: Ron Walker
Negotiating Party: Dave Gard
Under Negotiation: Price and Terms of Payment
No reportable action
ADJOURNMENT
The June 10, 2026 City of Colfax City Council was adjourned at 7:30 p.m. by Mayor McCully. _________
Gabrielle Christakes, City Clerk
City of Colfax Forklift for the Wastewater Plant
Staff Report June 24, 2026
Staff Report to City Council
FOR THE JUNE 10, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Matt Anderson, Chief Plant Operator
Subject: Forklift for the Wastewater Plant
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $ 43,144.04 Fund(s): 560 Summary/Background
The Wastewater Treatment Plant routinely handles a variety of materials and equipment requiring safe and efficient movement throughout the facility. Current operations require staff to move chemical totes, pallets of treatment materials, pumps, motors, maintenance supplies, and other heavy equipment necessary for plant operations and maintenance activities.
At present, the City relies on, rented equipment, or manual handling methods to move materials and equipment around the facility. These methods can create scheduling delays, increase labor costs, and present safety concerns for staff.
The acquisition of a dedicated forklift would provide plant personnel with the ability to safely transport materials and equipment as needed, improve operational efficiency, and reduce reliance on outside equipment sources.
A forklift is considered essential equipment for the day-to-day operation and maintenance of a wastewater treatment facility. Typical uses include:
• Loading and unloading deliveries.
• Moving chemical totes and pallets.
• Transporting pumps, motors, and mechanical equipment. • Supporting maintenance and repair projects.
• Assisting with inventory management and storage operations. • Facilitating emergency repairs and operational response activities.
The proposed forklift will improve workplace safety by reducing manual lifting and minimizing the need for improvised equipment handling methods. It will also reduce delays associated with scheduling rental equipment and improve staff productivity by providing immediate access to material-handling equipment.
Staff evaluated the anticipated operational needs of the facility and determined that a forklift with a lifting capacity of approximately 7000 pounds is appropriate for current and foreseeable plant operations.
RECOMMENDED ACTION: Adopt Resolution __-2026 Authorizing the City Manager to purchase a forklift for the Wastewater Treatment Plant in an amount not to exceed $43,144.04 and authorize the City Manager to execute all necessary purchase documents.
Item 2C15
City of Colfax Forklift for the Wastewater Plant
Staff Report June 24, 2026
Conclusions and Findings
Staff recommends that the City Council authorize the City Manager to purchase a forklift for the Wastewater Treatment Plant in an amount not to exceed $43,144.04 and execute all documents necessary to complete the purchase.
Fiscal Impacts
The total cost of the forklift purchase is $43,144.04 including delivery, applicable taxes, and any necessary accessories.
Funding for the purchase is available within the Wastewater Enterprise Fund under the Equipment Replacement/Capital Equipment budget.
The acquisition represents a one-time capital expenditure and is expected to reduce future rental costs and improve operational efficiency.
Staff recommends purchasing the forklift through Sourcewell, a nationally recognized cooperative purchasing program that satisfies competitive procurement requirements and is available to public agencies. Utilizing Sourcewell allows the City to leverage competitively solicited contracts that have already undergone a rigorous public bidding process, resulting in favorable pricing and terms without the time and expense associated with conducting a separate formal bid process. Purchasing through Sourcewell will expedite equipment acquisition, reduce administrative costs, ensure compliance with public purchasing requirements, and provide the City with the best overall value while meeting the operational needs of the Wastewater Treatment Plant.
Attachments:
1. Source Well Quote from Bobcat
2. Doosan contract for Source Well
Item 2C16
_________________________________________________________________________________________ City of Colfax Forklift for the Wastewater Plant
Resolution _-2026
City of Colfax
City Council
Resolution № __-2026
AUTHORIZING THE CITY MANAGER TO PURCHASE A FORKLIFT FOR THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $43,144.04 AND AUTHORIZE THE
CITY MANAGER TO EXECUTE ALL NECESSARY PURCHASE DOCUMENTS WHEREAS, The Wastewater Treatment Plant staff routinely handles a variety of materials and equipment requiring safe and efficient movement throughout the facility. Current operations require staff to move chemical totes, pallets of treatment materials, pumps, motors, maintenance supplies, and other heavy equipment necessary for plant operations and maintenance activities, and relies on rented equipment, or manual handling methods to move materials and equipment around the facility. These methods can create scheduling delays, increase labor costs, and safety concerns for staff; and, WHEREAS, a forklift is considered essential equipment for the day-to-day operations and maintenance of a wastewater treatment facility, and will provide plant personnel with the ability to safely transport materials and equipment as needed, improve operational efficiency, and reduce reliance on outside equipment sources; and,
WHEREAS, the forklift will be purchased through Sourcewell, a nationally recognized cooperative purchasing program that satisfies competitive procurement requirements and is available to public agencies. Utilizing Sourcewell allows the City to leverage competitively solicited contracts that have already undergone a rigorous public bidding process, resulting in favorable pricing and terms without the time and expense associated with conducting a separate formal bid process; and, WHEREAS, the City of Colfax wishes to purchase a Bobcat MH Government G35C-7 LP MMC
2.4L Engine 7,000 lb. Capacity Forklift from Bobcat through the Sourcewell procurement system.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to purchase a Bobcat Forklift and execute all necessary purchase documents for an amount not to exceed $43,144.04.
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:
________________________________________
Gabrielle Christakes, City Clerk
Item 2C17
Bobcat Material Handling
2475 Mill Center Parkway, Suite 400
Buford , GA 30518
One Tough Animal
CP 00066 Page 1 of 2
Chris Plude | 470.352.0068 | [email protected]
Ship To: City of Colfax
33 S. Main Street
Colfax , CA 95713
[email protected]
Telephone: 916.628.4849
Attention: Matt Anderson
Date: 6/5/2026
Quotation: CP 00066
Prepared By: Chris Plude
We are pleased to submit the following quotation for your consideration. (1) Bobcat MH Government G35C-7 LP MMC 2.4L Engine 7,000 lb. Capacity Features specific to your configuration
UL Rating UL Rated Type LP
Brakes Oil-Cooled Disc Brakes ^BRK-OIL
Tires Single Pneumatic 8.15-15 12PR Drive / 6.50-10 10PR Steer F_TIRE-3370 Mast 2-Stage Standard Wide View MFH 118" | OAL 85" | FFH 6" F_MAST-ST3000 Tilt Cylinders 6° Forward / 8° Back F_TILT-1050
Sideshifter Hang-On 44" Wide - Class III (Cascade) F_SDSF-3960 Carriage Hook Type 44" Wide - Class III F_CARR-1000
Forks Hook Type - Pallet - 1.8" x 5" x 47" F_FORK-1310
Load Backrest 46" Wide x 47" High F_BART-1000
Overhead Guard Standard Height - 86" F_OVHD-1000
Hydraulic Lines 3-Way For Sideshifter F_ATLI-1000
Hydraulic Control Valve 3 Section with 3 Levers F_CRVE-1020 Mirrors Large Rear View Mirrors F_MIRR-1010
Seat Vinyl Suspension Seat F_SEAT-2040
Seat Belt Orange
Direction Control Standard - Lever Direction Control
Grab Bar Rear Grab Bar with Horn Button F_RGBR-1000
LP Tank Cradle Standard Mounting
Warning Lights Strobe - Amber - Mounted Below OHG F_LSTB-1030 Warning Device Back-Up Alarm (Outside Mount) F_ALAR-1000 Front Work Lights (2) Front Flood Lights - LED F_LFRT-1300 Rear Work Lights (1) Rear Flood Light - LED F_LREA-1240 Radiator Standard Radiator
Warranty Bobcat Assurance - Standard 2 Year / 3,000 Hour, Powertrain 3 Year / 6,000 Hour, OCDB 5 Year / 10,000 Hour
Low LP Fuel Warning Light F_LOFI-1000 Steering Wheel Knob F_KNOB-1000 Other Equipment & Accessories
LP Tank (unfilled)
Standard Equipment
MMC 2.4L G424P Engine and ODB
Power Shift Transmission
Oil Cooled Disc Brakes
Power Steering
Tiltable Steering Column
Engine Shutdown
Dual Element Air Cleaner
LP Tank Mounting
Interior Tilt Cylinder Covers
Item 2C18
Bobcat Material Handling
2475 Mill Center Parkway, Suite 400
Buford , GA 30518
One Tough Animal
CP 00066 Page 1 of 2
Chris Plude | 470.352.0068 | [email protected]
Total Equipment And Accessories $ 43,144.04
Estimate Factory Lead Times: 14 to 16 weeks from Order Acceptance & Account Setup Total Price (1) : $ 43,144.04
If ordered within the next 10 business days Estimated DOD : 9/15/2026 Terms and Conditions
F.O.B: Bobcat DC (Buford, GA or Los Angeles, CA)
Quoted prices are subject to tariff surcharge based on the existing federal requirements in force at the time of invoice.
Prices are subject to any sales and/or use taxes, currently in force, and are not included in the price of the quote. Actual sales taxes may vary depending on future changes by any federal, state, or local governments.
Tax Exempt: If your company is Tax Exempt, please provide a copy of your Tax-Exempt Certificate along with the order, otherwise your company will be taxed.
Lease offerings are subject to credit approval.
Some operations and configurations may Void UL.
Performance and specifications stated are based on specific testing and operating conditions. Actual performance and specifications may vary based on application, option configuration, operating conditions, and environmental factors.
Conditions subject to change to those in effect at time of delivery.
Your signature on this proposal institutes a firm order.
This proposal is valid for 45 days from the date of the proposal unless otherwise stated.
When Applicable: Electric/Battery powered equipment, the customer is responsible for installation of charger by a licensed electrician and is not included in the pricing of this quote.
Please Note: Base rate capacity of a forklift is subject to a derated lift capacity. Mast height, attachments, tires, and forks can reduce the lifting capacity of your equipment. These items can change the stability and load centers of a forklift. Please consult your sales rep for full details.
Proposal Authorization:
Signed and accepted on behalf of: Signed and accepted on behalf of:
City of Colfax Bobcat
Signature Signature
Christopher Plude
Printed Name Printed Name
Nat’l Sales Manager, National Accounts & Governement Sales Title Title
June 5, 2026
Date Date
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Sourcewell Contract # 053024-DIV| Amendment #1
AMENDMENT #1
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CONTRACT # 053024-DIV
THIS AMENDMENT, effective upon the date of the last signature below, is by and between Sourcewell and Doosan Bobcat North America, Inc. (Supplier).
Sourcewell awarded a contract to the Supplier to provide Medium Duty and Compact Construction Equipment with Related Attachments to Sourcewell and its Participating Entities, effective July 24, 2024, through July 23, 2028 (Contract).
NOW, THEREFORE, the parties wish to amend the Contract as follows:
Section 18. Insurance–Subsection A. Requirements– Item 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability insurance of the Contract is deleted in its entirety.
Section 18. Insurance–Subsection A. Requirements– Item 6. Network Security and Privacy Liability Insurance of the Contract is deleted in its entirety.
Except as amended, the Contract remains in full force and effect.
Sourcewell Doosan Bobcat North America, Inc.
By: By:
Jeremy Schwartz, Chief Procurement Officer Jarrod Steck, Vice President Material Handling
Date: Date:
Item 2C62
City of Colfax
Staff Report June 24, 2026
Memorandum of Understanding with the Stationary Engineers Union Local 39
Staff Report to City Council
FOR THE JUNE 24, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Josette Reina-Luken, Contract Negotiator
Subject: Memorandum of Understanding with the Stationary Engineers Union Local 39 Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
On August 27, 2025, City Council approved a Side Letter Agreement for eight employees represented by Union Local 39 which modified and clarified specific terms of the current Memorandum of Understanding (MOU), effective July 1, 2021, through June 30, 2026. The Side Letter formally requested the City re-evaluate the employee salary range, callback/standby pay, wastewater treatment plant operator license pay, and consider an equity salary increase. Now as the current agreement term is scheduled to expire on June 30, 2026, the City Manager along with Josette Reina-Luken (MNJ Advisors) and City staff formally began negotiations on March 27, 2026. The City negotiation team and the Union conducted multiple meetings to develop a mutually beneficial agreement. The City’s negotiating team and the Union were able to arrive at a tentative agreement that was voted on by the membership and ratified.
The attached MOU reflects clean-up language changes and future cost adjustmentsthat enable the City to retain and attract quality employees, while maintaining fiscal sustainability to the City of Colfax. The major changes in the MOU include:
Term: Three-year term, effective July 1, 2026, and expires on June 30, 2029.
Cost of Living Increases (COLA):
o Fiscal Years 2026-27, 2027-28, and 2028-29 employees will receive a cost of living based on the consumer index. The increase shall be not less than 2% nor more than 4%.
Overtime (CTO):
o Effective July 1, 2026, CTO bank limit increase from 60 hours to 80 hours. All other CTO provisions still apply.
Standby Pay
o The Standby Pay rate will increase from $4.00 an hour to $4.50 an hour effective July 1, 2028.
Medical:
o The City will continue to contribute up to $1,875 for Employee Only per month for the cost of medical, dental and vision insurance and then increase to $1925 per month beginning July 1, 2028.
o For Employee plus One, the City will contribute $1,950 monthly beginning on July 1, 2026 and increase it by $75 annually every July through July 1, 2028, with the highest final amount being $2,100.
o For Employee plus Family, the City will contribute $2,100 monthly beginning on July 1, 2026 and increase it by $75 annually every July through July 1, 2028, with the highest final amount being $2,250.
RECOMMENDED ACTION: Approve Resolution No. -2026, authorizing the Mayor and City Manager to execute the updated Memorandum of Understanding between the City of Colfax and IOUE, Stationary Engineers, Local 39 Representing General Employees July 1, 2026 through June 30, 2029.
Item 2D63
Vacation Leave: Employees accrual rate change for those with service of ten to nineteen years. Current enefit is 20 days. The proposed change is to split this group into two and provide 20 days for those with service of ten to fourteen years and 22 days for those with service of fifteen to nineteen years. All other accrual rates remain the same with the top service credit leave of twenty years or more remaining at 25 days.
Holidays: the Federal Juneteenth holiday was officially added to the City Observed Holiday List Uniforms: Boot Allowance will increase from $275 to $325 per year per employee; Jacket Allowance of $250 per year per employee; and City provided uniform allowance beginning on July 1, 2026 with access to laundry facilities.
Staff is recommending Council authorize the Mayor and City Manager execute the updated Memorandum of Understanding between the City of Colfax and IOUE, Stationary Engineers, Local 39 Representing General Employees July 1, 2026, through June 30, 2029.
Fiscal Impacts
Based on the agreement costs with the current employee composition and estimating COLA at 3.5% annually, the fiscal impact of this agreement is approximately $100,000 including the value of leave, direct cash and capital investment. This further breaks down to an annual average cost of $4166 to each represented employee.
Attachments:
1. Resolution - 2026
2. Memorandum of Understanding with the Stationary Engineers Union Local 39 – Redline
3. Memorandum of Understanding with the Stationary Engineers Union Local 39 – Clean Version Item 2D64
City of Colfax
City Council
Resolution -2026
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE UPDATED MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF COLFAX AND IOUE, STATIONARY ENGINEERS, LOCAL 39 REPRESENTING GENERAL EMPLOYEES JULY 1, 2026 THROUGH JUNE 30, 2029 WHEREAS, the City of Colfax (City) and the International Union of Operating Engineers, Stationary Engineers Local 39 (Union), through their duly authorized representatives, negotiated a Memorandum of Understanding (MOU); and,
WHEREAS, the City Council of the City of Colfax has determined that approval of the MOU is in the best interest of the City and its employees.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the Mayor and City Manager to execute the updated Memorandum of Understanding between the City of Colfax and IOUE, Stationary Engineers, Local 39 Representing General Employees July 1, 2026 through June 30, 2029.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 24th day of June 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Caroline McCully, Mayor
ATTEST:
Gabrielle Christakes, City Clerk
City of Colfax Memorandum of Understanding with the Stationary Engineers Resolution -2026 Union Local 39
Item 2D65
AGREEMENT
BETWEEN
MEMORANDUM OF UNDERSTANDING
CITY OF COLFAX
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY
ENGINEERS, LOCAL 39, AFL-CIO
2021-
July 1, 2026
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Item 2D66
– June 30, 2029
Item 2D67
Table of Contents
PREAMBLE ................................................................ 4 ARTICLE 1: RECOGNITION ......................................... 5 ARTICLE 2: SCOPE OF AGREEMENT............................ 6 ARTICLE 3: UNION RIGHTS......................................... 6 ARTICLE 4: MANAGEMENT RIGHTS............................. 8 ARTICLE 5: NO DISCRIMINATION................................ 9 ARTICLE 6: SALARY .................................................... 9 ARTICLE 7: OVERTIME .............................................. 12 ARTICLE 8: HOSPITAL-MEDICAL-DENTAL-VISION-LIFE
INSURANCE AND OTHER BENEFITS.......................... 13 ARTICLE 9: RETIREMENT PROGRAM ......................... 14 ARTICLE 10: HOLIDAYS ............................................ 14 ARTICLE 11: SICK LEAVE .......................................... 16 ARTICLE 12: LEAVE WITH PAY ................................... 17 ARTICLE 13: VACATION ............................................ 18 ARTICLE 14: REST PERIODS...................................... 19 ARTICLE 15: SCHEDULING....................................... 19 ARTICLE 16: SENIORITY............................................ 20 ARTICLE 17: PROBATIONARY PERIOD....................... 20 ARTICLE 18: PERFORMANCE EVALUATION REVIEW... 20
ARTICLE 19: FITNESS FOR DUTY............................... 21 ARTICLE 20: FILLING PERMANENT VACANCIES......... 22
ARTICLE 21: LIMITED TERM EMPLOYEE (DEFINED) .... 23
ARTICLE 22: LAYOFF AND RE-EMPLOYMENT............. 23
ARTICLE 23: UNIFORMS FURNISHED AND MAINTAINED
............................................................................... 23 ARTICLE 24: HEALTH AND SAFETY ............................ 24 ARTICLE 25: TUITION RIEMBURSEMENT AND
TRANINGS............................................................... 25 ARTICLE 26: DISCIPLINARY ACTION ......................... 25 ARTICLE 27: GRIEVANCE PROCEDURE ..................... 27 ARTICLE 28: PERSONNEL FILES................................ 29 ARTICLE 29: HOME RETENTION OF CITY VEHICLES/
MILEAGE ................................................................. 29 ARTICLE 30: CATASTROPHIC LEAVE PROGRAM......... 29
ARTICLE 31: FULL UNDERSTANDING MODIFICATION
WAIVER ................................................................... 30 ARTICLE 31: SEVERABILTY OF PROVISIONS............... 31 ARTICLE 32: PREVAILING RIGHTS .............................31 Formatted: TOC Heading, Centered, Indent: Left: 0" Formatted: Font: +Body (Aptos), 16 pt, Font color:
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Preamble
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Recognition
Scope of Agreement
Union Rights
Management Rights
No Discrimination
Salary
Overtime
Hospital-Medical-Dental-Vision-Life Insurance and Other Benefits Retirement Program
Holidays
Sick Leave
Leave with Pay
Vacation
Rest Period
Scheduling
Seniority
Probationary Period
Performance Evaluation Review
Fitness For Duty
Filling Permanent Vacancies
Limited Term Employee (Defined)
Layoff and Re-Employment
Uniforms Furnished and Maintained
Health and Safety
Tuition reimbursement and Training
Disciplinary Action
Grievance Procedure
Personnel File
Use of City Vehicle/Mileage
Catastrophic Leave Program
Full Understanding Modification Waiver
Severability of Provisions
Prevailing Rights
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PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias-Brown Act, by and between the City Manager of the CITY OF COLFAX (the “City”) and I.U.O.E.IUOE, STATIONARY ENGINEERS, LOCAL 39 (the “Union)”) the first day of July, 2021. 2026.
The parties have met and conferred in good faith regarding wages, hours, and other items and conditions of employment of the represented employees of the City of Colfax and have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
The MOU shall be presented to the City Council as the joint recommendations of the undersigned for salaries, fringe benefits, and working conditions of all represented employees of the City of Colfax.
The MOU and following agreements shall not become effective until approved by the Colfax City Council and I.U.O.E.IUOE, Stationary Engineers, Local 39.
ARTICLE 1: RECOGNITION
The City hereby recognizes the Union as the exclusive representative for all employees in the following job classifications inwithin the General Bargaining Unit:
• Clerk Typist
• Lead Mechanic
• Maintenance Worker I
• Maintenance Worker II
• Public Works Working Supervisor
• Operator in Training
• Operator II
• Operator III
• Chief Plant Operator
• Administrative Assistant / Community Development
The City, as defined in Appendix "A" (attached) of this agreement, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to hours, wages, and conditions of employment of said employees as authorized by law.
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ARTICLE 2: SCOPE OF AGREEMENT
A. A. Term: This agreement shall remain in full force and effect until June 30, 2026. 2029.
B. B. Procedure for Meet and Confer: The City, through its representatives, shall meet and confer in good faith with representatives of the Union regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act.
ARTICLE 3: UNION RIGHTS
The Union has the right to represent its members before the City Council or advisory boards or commissions or the City Manager or his designee with regard to wages, hours, and conditions of employment or other matters within the scope of representation. Employees represented by the Union shall be free to participate in Union activities without interference, intimidation, or discrimination, in accordance with State law and City policies, rules, and regulations.
The Union shall have the following rights:
A. Union Access
A. : The Union shall have access to bargaining unit members outside of their assigned duties; before and after work hours, at meal and break periods, without prior notice.
B. Bulletin Boards
B. : The Union may use bulletin boards designated for its use in appropriate places. All items to be posted shall be officially authorized by the Union, and shall bear the date of posting.
A copy of all items posted shall be forwarded to the City.
C. Use of Facilities
C. : The City Manager, upon request, may permit the Union to use designated facilities, depending upon availability of space, for meeting purposes. No request for use of City facilities shall be unreasonably denied.
D. Union Dues and Initiation Fees: The Employer,City shall deduct union dues from the wages of employees in the bargaining unit upon receipt of written notice from the Union, will make a single deduction of an initiation fee from newly hired employees who choose to become that the employee has authorized such deductions. Deductions shall commence or cease no later than the first full pay period following notification from the Union members and deduct one month's current periodic.
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Employee requests to cancel or modify dues deductions shall be directed to the Union dues based. The City shall implement any changes to dues deductions only upon a uniform dues schedulewritten notification from the pay of each Union employee. .
In the event of a dispute regarding dues deductions, the Union shall provide documentation of the employee’s authorization upon request.
The Union shall defend, indemnify, and hold the City harmless againstfrom any and all claims, demands, expenses, suits, orders, judgments or other forms of liability that shall arise out of or by reason of actionactions taken by the City under this article. Article, in accordance with California Government Code 1157.12(a).
G. New Hire Orientation:
E. The Union's Business Representative or designee shall be given the opportunity to make a membership presentation at the employer's regularly scheduled new employee orientation sessions.
H. Federal PAC Contributions
The City will deduct an amount as determined by written direction from the Local 39 member for each hour that the employee receives wages under the terms of the Agreement, on the basis of individually signed, voluntary authorized deduction forms. It is agreed that these authorized deductions for the Local 39 Federal Political Action Committee (PAC) are not conditions of membership in the Stationary Engineers, Local 39 or of employment with the District and that the Local 39 Federal PAC will use such monies in making political contributions in connection with Federal, State, and local elections. Payments shall be made on a separate check to Local 39 Federal PAC, accompanied by monthly reports reflecting employee hours worked on forms provided by the Local 39 Federal PAC, shall be remitted to 1620 North Market Blvd. Sacramento, CA. 95834.
The costs of administering this payroll deduction for Local 39 Federal PAC are incorporated into the economic package provided under the terms of this Agreement so that the Local 39 Federal PAC has, through its negotiation and its execution of this Agreement, reimbursed the district for the costs of such administration.
I. Maintenance in Membership:
F. The written authorization for IUOEunion dues deductiondeductions shall remain in full force and effect during the life of this Agreement; provided, however, that in accordance with the terms of the employee’s signed authorization. The City shall rely on the Union’s certification regarding the validity, continuation, and any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to Formatted: List Paragraph, Justified, Line spacing:
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the expiration of this Agreementrevocation of such authorization. The City shall implement any changes to dues deductions only upon written notification from the Union.
J. Written Notice:
G. The right to be given reasonable written notice of any proposed ordinance, rule, resolution or regulation, or amendment thereto relating to matters within the scope of representation.
K. Reasonable Access:
H. Reasonable access to employee work locations for officers of the Union and the officially designated representatives for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the City or established safety or security requirements.
ARTICLE 4: MANAGEMENT RIGHTS
A. A. The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service and; determine the procedures and standards of selection for employment and promotion; train and direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; to exercise complete control and discretion over its organization and the technology of performing its work; and to make rules and regulations for its employees consistent with this MOU.
B. B. The City maintains the right to use qualified volunteers or reserves in the City service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment of represented employees. Use of said individuals shall be in accordance with State law and regulations.
C. C. Nothing contained within the Article is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive.
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ARTICLE 5: NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference or legitimate Union activities against any employee or application for employment by the City and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the employment position the applicant seeks. Nothing in this article shall in any way change current case law regarding employer's liability for discrimination nor shall it remove any defense currently or in the future with regard to employment discrimination.
ARTICLE 6: SALARY
A. Salary Ranges
A. Employees hired prior to July 1, 2021: The salary range for existing employees will be converted from the current 5-step salary range to: Each job classification shall have a 9- step salary range. The new salary range will consist consisting of 9six (6) steps, with 5%a five percent (5%) increase between existing steps 1, 2, 3, 4, and 5, and 2.5% between additional steps 6, 7, 8 and 9. Employees will advanceeach step for all classifications. The salary range structure shall apply uniformly to all classifications within the bargaining unit.
Advancement through the salary range shall occur on an annual basis, consistent with City personnel policies and procedures. (Attachment A)
Employees hired on or after July 1, 2021: The salary range for new hires will consist of 11 steps, with 2.5% between steps. The top step of the salary range for new hires will be approximately 5% lower than the new top step for current employees. Employees will advance through the salary range on an annual basis consistent with City personnel policies and procedures. (Attachment B)
B.
B. Call Back Pay/Standby Pay:
1. Call Back Pay: When an employee is called by the City Manager or designee to return to duty after completion of their normal scheduled shift, they shall be compensated a minimum of two (2) hours at the rate of time and one half (1.5x) their normal rate of pay.
Any work performed beyond the initial two (2) hours shall also be compensated at time and one half (1.5x) for actual hours worked. Should an emergency arise that requires a maintenance employee to be called out by either the City Manager or designee, the maintenance employee shall receive time and one half time from the time he leaves his house to the time he returns. Phone calls not requiring a return to duty shall be compensated in fifteen- (15) minute intervals at the rate of time and one half.
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compensable as call back time. This applies only to telephone calls taken by the employee which do not require a return to work .
2. Standby Pay: Bargaining Unit employees required to be on standby outside of their normal working hours and will receive $34.00 for each hour of assigned standby time, as directed by the City Manager or designee. Should a wastewater treatment plant or Maintenance Worker employee be called out, premium pay will be paid for those hours worked outside of normal eight-hour day in addition to the standby pay. Standby employees responding to a call shall receive Call Back pay pursuant to the above Section.
C. Cost of Living Adjustments:
Effective the first full pay period inclusive of July 1, 2021, all bargaining unit employees 2028, standby pay shall receive a base wage increase of two percent (2%).be increased to four dollars and fifty cents ($4.50) for each hour of assigned standby time.
C. Cost of Living Adjustments: Cost of Living Adjustments willshall be provided to all bargaining unit members onemployees each year of this agreement effective July 1, 2022, 2023, 20242026, 2027, and 2025,2028 based on an average of percentage change in the following two Consumer Price Index series for the two CPIsperiod of April to April:
• San Francisco-Oakland-San JoseHayward, CA, Urban Wage Earners and Clerical Workers (Series ID: CWURS49BSA0); and United States
• U.S. City Average, Urban Wage Earners and Clerical Workers, (Series ID:
CWUR0000SA0).
The resulting average shall be subject to a minimum 2%,adjustment of two percent (2%) and a maximum 4%. Averages will be based on April to March for the purposesadjustment of yearly City budgeting.four percent (4%).
D. Wastewater Treatment Plant Operators:
D. When a Wastewater Treatment Plant Operator License is required: Upon successful completion, the City shall pay for all out-of-pocket costs related to obtaining a Grade 2 or 3higher Wastewater Treatment Plant Operator's license, including paid time off for required classes and testing required during normal work hours. The City shall pay for the cost of Grade 2 or 3higher Wastewater Treatment Plant Operator license renewals .
E. E. Operator in Training Program.: The parties agree to allow qualified employees to participate in the State's Operator in Training (OIT) program subject to the following conditions:
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The City shall:
1. a. Reimburse for approved schooling, including course materials upon successful completion of the course.
2. b. Provide travel compensation to and from schooling and testing locations.
3. c. Pay for certification and test.
4. Allow adequate time working as an OIT to be qualified to become a Grade 1 wastewater treatment plant operator.
5. d. Pay employees regular salary for attending classes during their normal scheduled working hours. No over timeovertime will be paid for attending classes.
Employees participating in the OIT Program shall:
1. a. Study on employee’s own time.
2. b. Submit requests for City approval of qualified courses upon a submission of the complete program summary.
3. c. Timely schedule and pass tests and qualify for certification.
4. d. Apply with regulatory agencies for needed extensions.
5. e. Keep the City informed of progress and program status.
6. f. Track qualified hours and report their hours accomplished and needed to the City.
F. F. Pay Differential for Acting Supervisor
1. 1. When an employee is assigned to perform the significant duties of a supervisory position for relief necessitated by a temporary vacancy caused by the incumbent' s absence of more than five (5) continuous working days, said employee shall receive 5% differential pay with the approval of the supervisor and/or the City Manager.
2. 2. The 5% differential shall cease when the absent incumbent returns to duty.
G. G. Out of Class Pay: When an employee is assigned to do the work of a higher -paid classification (excluding supervisory classifications), said employee will be paid 5% out of class pay for the entire pay period in which the out -of -class work is performed. · H. H. Promotion: When an employee is promoted to a position with a higher salary range than the class from which he/she was promoted, the employee shall be appointed to that step in the higher salary range which will result in a minimum of a 5% salary increase.
I. I. Certification Pay: Employees will receive an additional 5% above their base pay for approved job-related certifications above what is required in their job classification.
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certificatecertification pay, the employee must have the certificate program approved by his/hertheir supervisor and have received a satisfactory performance rating. Certifications for pay are approved at the sole determination of the City and are subject to the operational needs of the City for continuance. Operator pay will be paid for current Operators in Training for a total of three years while obtaining required hours. Extensions may be provided at the discretion of the City.
J. Safety Officer Pay: Employees designated by the City as a Safety Officer shall receive five percent (5%) Special Assignment Pay above their base pay.
ARTICLE 7: OVERTIME
A. A. Definition.: Authorized time of non-exempt employees worked in excess of either (8) hours per day and forty (40) hours in one (1) week shall constitute overtime. Employees on paid status for vacation CTO or holidays will not have such time count towards the 40-hour calculation.
B. B. Policy.: It is the policy of the City of Colfax to keep overtime at a minimum consistent with the efficient operation of the City. Overtime must be authorized by the Department Head in advance and be in compliance with the overtime policy as set forth in the City's Personnel Rules and Regulations.
C. Overtime Pay.: Overtime shall be paid at the rate of time and one half (1.5x) of the employee’s base salary .
D. C. Compensatory Time Off. The City: Employees may compensateelect to receive compensation for overtime by providingas Compensatory Time Off (CTO) at the rate of time and one-half. Effective July 1, 2021, (1.5) hours for each overtime hour worked. CTO time will be capped at 60 hours. All futureeighty (80) hours. Any overtime worked that would cause an employee’s accrued CTO time overbalance to exceed the new 60 hour cap willshall be paid out as overtime pay. Existing accrued CTO hours over the new 60-hour cap may will be "frozen" with no further hours accruing. Upon request and approval of the City Manager, employees may cash out accrued CTO hours, including any accrued CTO hours over the new 60-hour cap, provided that notice is given during the month of December and will be paid out not later than the second pay period in January. Newly accrued hours will be accrued separately subject to the 60-hour cap. An effort is to be made to reduce the frozen hours by scheduling time off with the employee's supervisor. CTO leave shall require a minimum of 3 work days advance notice.
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Employee Held Over After Conclusion of Regular Work Shift: When an employee is held over after the conclusion of his/her regular work shift, the employee shall be paid at the rate of time and one-half (1 and ½) for hours worked in excess of his/her regular work shift. After 12 E. hours have elapsed from the start of the employee's work day, an employee who is held over shall be paid at the rate of double time (2) until the employee is released from work for an uninterrupted rest period of eight (8) hours.
D.
F. Meal Reimbursement: If an employee is required to work four or more hours before or beyond his or her normal working day or on overtime for emergency purposes or for extended work periods of four or more hours in length on a day that is not the employee's regular work day, and the employee is not exercising flexible work hours, the employee shall be reimbursed for the actual cost of a meal not to exceed $18.00, tax and tip included.
Reimbursement is contingent upon the employee providing receipts.
ARTICLE 8: HOSPITAL-MEDICAL-DENTAL-VISION-LIFE INSURANCE AND OTHER BENEFITS A. E. The City willshall contribute up to $1,725the following amount per month towards the premium cost for City -provided medical, dental, and vision, and life insurance coverage. :
Coverage Tier
Effective
July 1, 2026
Effective
July 1, 2027
Effective
July 1, 2028
Employee Only $1,875.00 $1,875.00 $1,925.00
Employee Plus One $1,950.00 $2,025.00 $2,100.00
Employee Plus Family $2,100.00 $2,175.00 $2,250.00
Any premium costs above $1,725 per month will the applicable monthly contribution amount shall be paid by the employee.
F. Effective January 1, 2024, the City will contribute upEmployees who decline to $1,875 per month towards the premium cost for City provided medical, enroll in the City’s medical benefits and who provide evidence to the City that they have medical benefits in place shall receive employee-only dental, and vision, and life insurance coverage. Any costs above $1,875 per month will be paid by at no cost to the employee.
H. Employees hired prior to July 1, 2021 having other medical benefits in place, and providing evidence to the City of those benefits willshall receive an in-lieu taxable stipend of $800 per month as long as they maintain those benefits. The City will contribute 100% of the cost of dental, vision, and life insurance coverage for employee only for those who have opted out of Formatted: Font: Bold
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medical coverage. Employees hired July 1, 2021 or later shall receive and in-lieu taxable stipend of $400 per month.
B. I. In the event of death prior to discharge for cause, the City shall pay to his/her estate all retirement, deferred compensation; lay off benefits and all accrued vacation, CTO and sick leave, at the employee's hourly rate of pay.four hundred dollars ($400) per month.
ARTICLE 9: RETIREMENT PROGRAM
A. A. Retirement Benefits:
1. 1. Employees designated as "local miscellaneous members" by the City are currently provided retirement benefits under the Public Employees Retirement System's Local Miscellaneous 2% at age 60 Formula.
2. 2. Employees are also provided retirement benefits under Social Security.
B. B. Retirement Contributions:
1. 1. Employees shall pay the full employee contribution to PERS retirement as required by law.
2. 2. The employee shall pay the full amount of the employee's contribution rate to Social Security.
C. A. PEPRA Retirement Contributions:
1. 1. New Member Retirement Benefits: All employees hired after January 1, 2013 shall fall under the Public Employee Pension Reform Act, AB340, of the California State Code.
ARTICLE 10: HOLIDAYS
A. A. In accordance with Government Code City Personnel Rules and Regulations, and items B through E below, theThe following holidays shall be observed by the City:
1. 1. January 1st (New Year’s Day)
2. 2. The third Monday in January, (Martin Luther King Day)
3. 3. One (1) Floating Holiday instead of Lincoln's Birthday
4. 4. The third Monday in February (President’s Day)
5. 5. The last Monday in May (Memorial Day)
6. 6. June 19th (Juneteenth)
7. July 4th (Independent’s Day)
8. 7. The first Monday in September (Labor Day)
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9. 8. The second Monday in October (Columbus Day) /Indigenous Peoples’ Day)
10. 9. November 11th (Veterans Day)
11. 10.Thanksgiving Day
12. 11.The Friday immediately following Thanksgiving Day
13. 12.December 24th (Christmas Eve)
14. 13.December 25th (Christmas Day)
15. 14.Every day designated by the President or Governor for public fast, thanksgiving, or holiday and approved by the City Council.
B. B. If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if. If any such holiday falls on a Sunday, the following Monday shall be observed as the holiday.
C. C. With the exception of employee on an approved alternate Employees who are required to work schedule, employees who are not been permitted by the Department Head to take on a designated holiday day off, shall be credited with one (1) additional dayreceive eight (8) hours of vacation leave (8 hours) for each holiday not taken. or pay, in addition to compensation for hours worked as provided in D below.
D. D. Employees who work on a Citydesignated holiday shall be paid at the overtimeone and one-half (1.5x) their regular rate of time and one half of the base salary. pay for all hours worked on the holiday.
E. E. No holiday pay shall be accrued whenwhile an employee has been off work on continuousis in unpaid status for more than thirty (30) consecutive calendar days.
F. F. Employees must be a City employee in January to receive the floating holiday (Item A3) full floating holiday. Employees hired after January shall receive a prorated floating holiday based on the calendar quarter in which they are hired.
G. If a holiday occurs during an employee’s approved vacation leave, the holiday shall not be charged against the employee’s vacation leave balance.
H. When a recognized City holiday falls on a Tuesday, an employee may request to observe the holiday on the preceding Monday. When a recognized City holiday falls on a Thursday, an employee may request to observe the holiday on the following Friday. Such requests may be approved by the City Manager or designee based on operational needs and departmental staffing. Approval shall not be unreasonably withheld. An approved alternate holiday observance under this section shall be treated as the employee’s holiday for pay purposes and shall not result in any loss of holiday pay or additional holiday benefit.
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ARTICLE 11: SICK LEAVE
A. A. Use of Sick Leave -: Sick leave may be taken for absences from duty made necessary by:
1. 1. Personal illness, caused by factors over which the employee has no reasonable immediate control. injury, or preventive care;
2. Injury not incurred in the line of duty except where traceable to employment other than the City.
2. 3. Medical, dental, or eye examination or treatment for which appointment cannot be made outside of working hours. the employee or a family member;
4. Death of a close relative.
3. 5. Diagnosis, care, or treatment of an existing health condition of the employee or a family member;
4. Hospitalization of a close relativefamily member or any member of the employee's household. ;
5. 6. Care of a close relative, or anyfamily member or member of the employee's household who is ill or injured, though not hospitalized. ; and
6. Reasons authorized by California law when the employee or a family member is a victim of domestic violence, sexual assault, stalking, or other qualifying acts.
A close relativefamily member is defined as a spouse, registered domestic partner, child, stepchild, parent, parent of a spouse, stepparent, brother, sister, grandparent and grandchild. , grandchild, parent-in-law, designated person, or any member of the employee’s household.
B. B Sick Leave Accumulation -: Sick leave with pay shall be granted to all fulltimefull-time employees. An employee shall accumulate one (1) sick leave day per month while in paid status from date of hire until terminated or on leave without pay. Part time employees shall accrue sick leave on a pro rata basis based on the average hours worked per month.
C. C Holidays During Sick Leave -: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits.
D. D. Sick Leave Notification and Proof of Illness -: In order to receive compensation while on sick leave, the employee shall notify his/hertheir immediate superior, prior to or atsupervisor in advance when the time setneed for beginning his/her daily duties or as may be specified bysick leave is foreseeable. If the department head, orneed for sick leave is Formatted: Justified, Line spacing: Multiple 1.15 li
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not foreseeable, the reasons for requiring such. employee shall notify their immediate supervisor as soon as practicable.
E. E. State Disability Insurance Integration: The City agrees to integrate SDI benefits with sick leave. The employee shall pay required premium costs, which will be deducted from their paycheck and transmitted to the State by the City. Employees shall advise the City of any communications from EDD within two work days of receipt.
ARTICLE 12: LEAVE WITH PAY
The following provide for leave with pay:
A. A. Military Service: Military leave shall be granted in accordance with State and Federal law.
B. B. Jury Duty: All employees occupying authorized regular positions shall be allowed to leave for jury duty upon presentation of jury notice to the department head or City Manager.
The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the City of Colfax, with the exception of mileage reimbursement.
C. B. Driver's License Renewal: The City agrees that employees who are required as a condition of continued employment to maintain a valid California 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.
D. Bereavement Leave: In the event of the death of an employee’s immediate family member, the employee shall be entitled to up to five (5) workdays of bereavement leave for each occurrence. Up to three (3) workdays shall be leave with pay. Two (2) additional workdays shall be unpaid but protected leave. Employees may use accrued PTO to remain in paid status for any bereavement leave taken beyond the three (3) paid workdays.
Bereavement leave may be used for attending funeral or memorial services, making arrangements associated with the death, grieving, or travel related to the death of the immediate family member. Bereavement leave does not need to be taken consecutively but must be completed within three (3) months of the date of death.
For purposes of this Article, immediate family member shall include the employee’s spouse, domestic partner, child, parent, sibling, grandparent, grandchild, and those relationships recognized by law as in-law, half, step, adopted, and foster family members.
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Employees shall notify their Department Head as soon as practicable after the death of an immediate family member of the dates for which bereavement leave is requested.
ARTICLE 13: VACATION
All regular employees occupying a position shown in the Annual Salary Program become eligible for shall accrue vacation leave with pay as shown below:
A. A. Vacation Leave Accrual: Vacation leave with pay shall be credited to all employees at the following rates:
First two years of service : 10 days per year
Beginning of year three through four: 12 days per year
Beginning of year five through nine: 15 days per year
Beginning of year ten through nineteenfourteen: 20 days per year Beginning of year fifteen through nineteen: 22 days per year Beginning of year twenty and on: 25 days per year
B. B. Payment for Unused Vacation Time: When an employee terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation willshall be at the employee's hourly rate.
C. C. Vacation Leave Accumulation:
1. 1. Vacation credits are earned and shall vest for the prior year upon the anniversary date of the employee's employment. Except as set forth below, vacation credits must be used during the next succeeding year.as accrued. Accrued vacation credits may not be carried over from year to year without the prior approval of the City Manager or designee. , subject to the maximum accrual set forth below.
2. 2. Employees shall not accrue more vacation leave than two (2) times their annual vacation leave accrual rate in a calendar year. Employees who reach the maximum accrual amount shall cease accruing vacation leave until the amount of accrued vacation leave is reduced below the maximum accrual amount.
3. 3. All eligible employees may take earneduse accrued vacation after theupon successful completion of one (1) year of service not to exceed the total vested amountprobation, upon two (2) weeks’ notice and approval as tofrom the appropriate department head.
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4. 4. Vacation credits shall not be earned during periods an employee is on unpaid status, administrative leave pursuant to section 12.00, or sick leave in excess of the employee's accumulated sick leave allowance. The credits set forth in section 12.05, subsection (a), shall be adjusted on a per diem basis where an employee has been on leave not qualifying for vacation credits. .
D. D. Sickness During Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be reasonable verification if requested by the City, shall be considered sick leave and not charged against vacation leave.
E. E. Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance by the employee in writing to the Department Head, who. The Department Head shall approve or deny the time employees may take their vacation request within five (5) days from the date of the request.
ARTICLE 14: REST PERIODS
A. A. Lunch Periods: Employees are provided with an uninterrupted lunch period of one hour or one-half (1/2) hour for each eight (8) hours of work, or alternative work schedule . .
B. B. Rest Periods: Employees are provided with two paid fifteen (15) minute breaks, one during the first half of the shift and another during the second half of the shift. During breaks, employees are considered to be under the direction and supervision of the City.
Rest periods will generally not be taken within one (1) hour of an employee's start or end time.
C. Rest breaks
Rest periods will normally be taken at the assigned worksite. Employees may, with the supervisor's permission, leave the area as necessary to take care of their personal needs.
Employees may be required to use the closest reasonably accessible facility for that purpose.
ARTICLE 15: SCHEDULING
A. A. Normal work week for bargaining unit employees will be eight hours per day, 40 hours per week. Work schedules for each position shall be as established by the Department Head. The Department Head may change such schedules from time to time based on the needs of departmental operations and with approval of the City Manager. The Department Head, with seven (7) calendar days prior notice, may require an employee to work an unscheduled day/shift and receive an otherwise scheduled work day/shift off in which case Formatted: List Paragraph, Justified, Line spacing:
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the work day/shift worked shall not be considered compensable at the overtime rate of pay.
In no event may an employee’s work schedule be changed during the same pay period when the primary purpose of such change is to avoid payment of overtime. Employees may flex their schedules upon mutual agreement between their Department Head or designee.
B. Temporary Change in Schedule: An employee whose regular work shift is temporarily changed so that his/her shift starts between the hours of 6:00 p.m. and 6:00 a.m. shall be paid an additional 5% differential unless such temporary change in schedule is the result of a mutually agreed upon flextime arrangement or the employee is working overtime .
C. B. Work Assignments: The City shall give a ten-day written notice to an employee prior to a permanent change of assignment.
D. C. Light Duty: As determined by the City, the City agrees to provide for light duty assignments if available.
ARTICLE 16: SENIORITY
The principals of City seniority shall apply in, but not limited to, the following: promotion, layoff, vacation request, shift and days off bidding, etc. Provided, however, that due to the small size of the City workforce, strict application of seniority rules may be relaxed with respect to represented employees on a case-by-case basis after conferring with Union, if the City can demonstrate a specific need to vary from seniority basis.
ARTICLE 17: PROBATIONARY PERIOD
All new regular City employees will serve a six (6) month probationary period. During such probation an employee may be terminated for any reason and is not subject to the grievance procedure. A probationary period may be extended with the approval of the City Manager. The cityCity may extend the probationary period as determined by the employee's supervisor with approval of the City Manager, two additional three (3)-month periods. If extended, a performance evaluation will be conducted at each three-month interval to determine possible permanent status. Probationary period will not exceed one year.
ARTICLE 18: PERFORMANCE EVALUATION REVIEW
A. A. Responsibility for Performance Appraisals:
1. 1. It shall be the responsibility of the Department Heads and the Departmental Supervisors to prepare a performance appraisal for each employee assigned to them.
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B. B. Frequency of Evaluations:
1. 1. Regular Employees -: A written performance appraisal shall be prepared at least annually for all employees within thirty days of their salary anniversary date.
2. 2. Merit Increase -: No merit increase approvals shall be implemented until the employee's performance appraisal is completed with a satisfactory or better rating justifying the merit increase. Employees who receive late evaluations that are satisfactory or above shall also receive retroactive pay back to their salary anniversary date.
C. C. Review and Distribution of Evaluation :
1. 1. Each performance appraisal shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement or which are unacceptable. Employees shall be encouraged to comment about their work performance in a written statement attached to the appraisal within ten (10) working days of the performance appraisal.
2. 2. The employee will be encouraged to sign the performance appraisal to acknowledge awareness of its contents and discussion of the appraisal with the evaluator. The employee shall be informed that his or her signature does not necessarily mean that the employee fully agrees with the contents of the report and the employee may so state on the report before signing.
3. 3. A copy of the final approved performance appraisal shall be provided to the employee. The original shall be placed in the employee's personnel file.
ARTICLE 19: FITNESS FOR DUTY
A. A. The City may require an employee to submit to a medical examination by a physician designated by the City to evaluate the capacity of the employee to perform the essential functions of the employee's position. The decision to require an employee to submit to such medical examination shall be based upon reasonable cause to believe, by the employee’s department head or designee, that the employee is unable to perform the essential functions of the employee’s position based on a medical or psychological condition or poses a threat to self or others. The City shall pay the cost of such examination.
B. B. The physician shall make a written report to the City. Information provided by the City's physician shall be kept confidential. A copy of the physician's report shall be given to the Formatted: List Paragraph, Justified, Line spacing:
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employee. The physician’s report shall include what, if any, reasonable accommodations the City may make to accommodate the employee.
C. C. If, after consideration of the report and other pertinent information, the City concludes the employee is permanently unable to perform the essential functions of his/her present position, the City and employee will engage in an interactive process meeting to review and discuss reasonable accommodations. The employee may be represented at the interactive process meeting by a representative of their choosing. If the City is unable to accommodate the employee, the City may demote or transfer the employee to an appropriate vacant position. If it is concluded that the employee is unable to perform the essential functions of his/her position and the employee cannot be demoted or transferred to another vacant position, the employee's employment with the City may be terminated.
Any such action shall be considered nondisciplinary.non-disciplinary. An employee who is terminated because he/she is unable to perform the duties of his/her position shall be placed on paid administrative leave until the date of separation.
D. D. An employee demoted or terminated pursuant to this section may elect, at the employee's cost, to an examination by a physician of the employee's choice. If the employee's physician finds the employee fit to perform his/her job duties the employee shall have the right to submit the matter to binding arbitration, pursuant to the Step 4 of the grievance procedure contained herein.
E. E. After weighing the evidence submitted by both parties, the employee shall be reinstated if the arbitrator determines that the employee is fit to perform the essential functions of his/her former position. The arbitrator may elect to make an employee whole.
ARTICLE 20: FILLING PERMANENT VACANCIES
A. A. Whenever a vacancy occurs in a job assignment, the vacancy and duties of the position shall be posted for a period of ten (10) calendar days. Employees holding career status in the classification allocated to that position, and who are assigned to the particular operation in which the vacancy arises, may request to be reassigned to fill said vacancy.
The City shall give first consideration to those employees making such requests before considering any other persons for the vacancy.
B. B. In the event more than one qualified employee requests to fill said vacancy, the assignment shall be based on classification seniority (or in the case of a tie, highest position on the eligible list) provided relative experience and capability in performing the required job functions and relative disruptive effect on the established work schedule are equal as determined by the City.
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ARTICLE 21: LIMITED TERM EMPLOYEE (DEFINED)
A Limited Term assignment may be appointed by the City Manager for the purpose of filling the needs of the city for a period of not more than four (4) months and can only be extended by mutual agreement of the Union and the City.
ARTICLE 22: LAYOFF AND RE-EMPLOYMENT
A. A. Notice of Layoff: The City Manager shall give at least three (3) weeks advance written notice to regular employees to be laid off. Such notice shall also be furnished to the Union.
Layoffs are subject to Meet and Confer.
B. B. Order to Layoff: Layoffs shall be by job classification in reverse order of seniority as determined by length of continuous service with the City in fulltime, non-probationary status. Layoffs and leaves of absence without pay shall be bridged in computing the employee's length of continuous service.
C. C. Bumping Rights: A regular employee who has achieved fulltime, non-probationary status at the time of layoff may displace the least senior employee in the lower classification provided, however, that the employee to be laid off has greater seniority than the least senior employee in the lower classification and further provided that the employee to be laid off held permanent status in that lower classification.
D. D. Re-employment: A regular employee who has achieved fulltime, non-probationary status at the time of layoff shall have the employee's name placed on a re-employment list which shall be maintained for twenty-four (24) months from the time of layoff.
E. E. Employees on the re-employment list shall be first called by seniority to fill openings in the classification from which the employees were laid off before other employees are hired to fill those openings. Employees bumped as a result of layoff shall be allowed to return to openings in the position from which they were bumped by seniority at the salary for the position to which the employee returns. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible.
ARTICLE 23: UNIFORMS FURNISHED AND MAINTAINED
A. The City shall furnish and maintain public works department employee's uniform. Cleaning shall be on a weekly basis.
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B. Employees assigned to maintenance, water or wastewater, and have been designated by the City Manager to wear safety boots may submit purchase receipts with their request for payment in an amount not to exceed two hundred seventy-five dollars ($275) annually. This stipend may also be used for the purchase of work jackets.
A. Washing and Drying Facilities: The City shall provide and maintain washing and drying facilities for the purpose of laundering uniforms and work apparel. Employees shall be provided scheduled time during work hours to start laundry loads, transfer loads, remove completed loads, fold uniforms and work apparel, and prepare such items to take home.
B. Shirts: The City shall furnish Public Works Department employees with ten (10) uniform shirts. In the event uniform shirts are damaged due to work-related use or experience normal wear and tear requiring replacement, the City shall provide replacement shirts upon verification of such condition.
C. Uniform and Work Apparel Reimbursement: Public Works Department employees shall be eligible for reimbursement upon submission of receipts for the following items:
1. Safety Boots: Up to three hundred twenty-five dollars ($325) annually for safety boots required by the City.
2. Safety Jackets: Up to two hundred fifty dollars ($250) annually for high-visibility safety jackets or equivalent outerwear approved by the City.
3. Uniform Pants: Up to six hundred fifty dollars ($650) annually for uniform pants, including jeans, carpenter-style work pants, cargo work pants, industrial twill work pants, duck canvas work pants, or other durable work pants approved by the City.
D. Work-Related Damage: In the event safety boots, high-visibility safety jackets, uniform pants, or other uniform items are damaged due to work-related use and require replacement outside of the annual reimbursement limits, employees may submit the damaged item to the City for review. With approval of the City Manager or designee, the employee may be authorized for replacement.
ARTICLE 24: HEALTH AND SAFETY
A. A.Safety Equipment: Safety equipment is supplied by the City of Colfax to its personnel.
All employees shall possess and have immediately available for their use those items of safety equipment issued and which are described by City regulations. Furthermore, the City agrees to provide and maintain a safe and healthy work environment.
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B. B. Inoculations: The City shall pay for all inoculations required by the State of California, or as required by the City.
ARTICLE 25: TUITION RIEMBURSEMENT AND TRANINGS
A. A. Tuition Reimbursement: The City shall reimburse employees up to $1500.00 per fiscal year for the expenses they have incurred for tuition and books in taking a City approved college or university level course. Only courses, which relate to the employee's current position with the City or would prepare the employee for advancement within the career field, will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until the employee submits documentation of expenses and successful completion of the course with a grade of "B" or better. In order to be eligible, an employee must submit a plan by May 1st for the upcoming budget year. Late requests may be approved at the discretion of the Department Head.
B. B. Training Courses: Upon approval of the Department Head, employees may be authorized to attend job-related training programs during regular working hours. When the needs of the City services so require, the appointing authority may direct an employee to attend a meeting or conference as part of the professional training required for the position.
When such attendance is authorized or directed, payment for training-related expenses shall be paid by the City in accordance with authorized travel expense reimbursement in Article 2829 B, Mileage Reimbursement, and shall be distinct from the compensation paid for time worked.
ARTICLE 26: DISCIPLINARY ACTION
The following procedure shall be adhered to for non-emergency suspension, discharges and disciplinary actions of regular represented employees:
A. A. Disciplinary Procedure:
1. 1. The concerned employee shall be given written notice of the proposed action within seven (7) calendar days from the date the appointing authority becomes aware of an incident to take the appropriate disciplinary action. Such written notice shall include a statement of the reasons why the disciplinary action is being proposed and shall include a copy of the changes being considered by City management in addition to a statement of employee rights appropriate to the preliminary notice.
2. 2. The employee shall be shown the documents or materials upon which the disciplinary action is based; and if practical, he or she shall be supplied with a copy of those documents.
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3. 3. After being given a reasonable opportunity to review the documents and materials set forth in paragraphs 1 and 2, above, the employee shall, within ten (10) days, be given the right to request a meeting, or respond either orally or in writing (at the option of the employee), to the authority initially imposing discipline. This meeting and/or response shall constitute a “Skelly” hearing.
4. 4. Proposed discipline shall only be imposed after employee receipt of the City’s decision following the response meeting (“Skelly” hearing).
5. 5. Prior discipline may be considered in determining the appropriate level of discipline in the administration and enforcement of City work rules, and is not subject to the written notice requirement in Article 2022 (A) 1 Notice of Layoff.
6. 6. Employees shall have the right to appeal the decision of the City. Appeals may be filed for binding arbitration pursuant to Step 4 of the grievance procedure in Article 2627 of this Agreement.
B. B. Suspension: The Department Head, with prior approval of the City Manager, may suspend an employee without pay from his/her position at any time for cause, not to exceed three (3) working days in any one suspension or more than ten (10) working days in one fiscal year. Such suspensions shall be reported immediately to the City Manager. The City Manager may suspend an employee at any time for cause for a period not to exceed thirty (30) working days in any fiscal year.
C. C. Demotion: The City Manager may demote an employee whose ability to perform the required duties of his/her position fall below standard or for disciplinary purposes. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications.
D. D. Reduction in Salary: The appointing authority may, with prior City Manager approval, within the minimum and maximum salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of his/her position falls below standard, or for disciplinary purposes.
E. E. Discharge: An employee in the career service may be discharged for cause at any time by the City Manager. Any employee who has been discharged shall receive a written statement of the reasons for such action at the time of discharge.
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F. F. Cause for Discipline: Disciplinary action up to and including termination may be taken for any of the following:
1. 1. unauthorized absence
2. 2. the commission of conviction of any felony or any other crime involving moral turpitude
3. 3. disorderly conduct
4. 4. incompetence or inefficiency
5. 5. insubordination
6. 6. intoxication while on duty or on standby
7. 7. neglect of duty
8. 8. willful or negligent damage to public property or waste of public supplies or equipment
9. 9. violation or negligent damage to public property or waste of public supplies or equipment
10. 10. willful violation of any of the provisions of the Ordinances of the City, these rules or others promulgated by the City Manager as Administrative Orders.
G. G. Aggrieved Employee Representation: An aggrieved employee may be represented by any person or organization of his/her choice at any stage of the proceedings.
ARTICLE 27: GRIEVANCE PROCEDURE
Definition: A grievance shall be defined as any claimed violation, misinterpretation, inequitable application or non-compliance with provisions of a collective bargaining agreement, or resolutions, rules, regulation, or existing practices affecting the status or working conditions of City employees.
Right to File and Representation: A grievance may be filed by an employee on the employee's own behalf, or jointly by any group of employees or by an employee organization.
An aggrieved employee may be represented by any person or organization of the employee's choice at any stage of the proceedings. A representative of an organization certified to represent a majority of employees in the representation unit, in which the aggrieved employee is included, is entitled to be present at all meetings, conferences and hearings. Disciplinary appeals shall be submitted directly to Step 4 of the grievance procedure.
The City shall act as a central repository for all grievance records. Any time limit may be extended only by mutual agreement of the parties.
A.
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A. Informal Grievance Procedure: Within five (5) working days of the event giving rise to a grievance, the grievant shall present the grievance informally for the disposition by the immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be prerequisite to the institution of a formal grievance.
B. B. Formal Grievance Procedure: If the grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date grievant informally presented the event giving rise to a grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing a memorandum and filing it with the Department Head.
Step 1 - Within ten (10) working days after a formal grievance is filed, the Department Head shall investigate the grievance and confer with the grievant in an attempt to resolve the grievance and make a decision in writing.
Step 2 - If the grievance is not resolved in Step 1 to the satisfaction of the grievant, he/she may, within not more that five (5) working days from his/her receipt of the Department Head's decision, request consideration of the grievance by the City Manager by so notifying the City Manager. Within ten (10) working days after such notification, the City Manager shall investigate the grievance, confer with the person affected and their representatives to the extent he deems necessary, and render a decision in writing. The City Manager shall advise the grievant, in writing, of the decision. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3.
Step 3 - Mediation. With the approval of all parties, the California State Mediation and Conciliation Service shall mediate any grievances or disciplinary actions before going to Step 4 .
Step 4 - Binding Arbitration. If the City Manager or the designated representative fails to respond in writing as provided in Step 2, or if the response is not satisfactory to the grievant, the grievant shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the City Manager within ten (10) working days of receipt of the decision.
1. 1. Selection of Arbitrator: A list of five (5) arbitrators shall be provided by the State Mediation and Conciliation Service. Selection of the arbitrator shall be made by the parties alternating striking names from the list until one remains.
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2. 2. Decision: In all cases, the decision of the arbitrator shall be final and binding. The arbitrator shall have no authority to add to, delete or alter any provisions of the Agreement, but shall limit his/her decision to the application and interpretation of its provisions.
3. 3. Cost: The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties.
4. 4. Witnesses: The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant to the Agreement. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 28: PERSONNEL FILES
An employee or employee's representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file. The City shall furnish copies of all performance evaluation reports and letter of reprimand or warning to the employee prior to placement of such documents into the employee's personnel file. The employee shall be required to acknowledge the receipt of any document entered into the employee's personnel file without prejudice to subsequent arguments concerning the contents of such documents.
ARTICLE 29: HOME RETENTION OF CITY VEHICLES/ MILEAGE
A. A.City Vehicle: Home retention of City vehicles may be permitted with the prior approval of the City Manager.
B. B. Mileage Reimbursement: When authorized by the City for the employee to drive their private vehicle, the City will reimburse mileage at a rate equal to the standard rate recognized by the Internal Revenue Service.
ARTICLE 30: CATASTROPHIC LEAVE PROGRAM
A. A. Regular full-time employees may voluntarily donate vacation or CTO hours to another regular employee based on the following criteria:
1. 1. To be eligible as a recipient, an employee must have a verifiable long-term illness or injury, e.g., cancer, heart attack, stroke, serious injury, etc., or death in the immediate family and must have exhausted all personal vacation, sick leave, and CTO, or will soon have exhausted such leave resulting in the employee being in a non-paid status.
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2. 2. Donations must be made to a specified individual only.
3. 3. The person receiving the donated hours must have achieved regular status with the City.
4. 4. Donated vacation or CTO hours must be in increments of one (1) hour. Hours donated will be converted at the donor's hourly rate and credited to the sick leave balance of the recipient by converting the dollar amount donated to the recipient's hourly rate.
5. 5. Example: Employee A is paid at ten dollars ($10) per hour and donates one hour to employee B who is paid at five dollars ($5) per hour. Employee B would be credited with two (2) hours of sick leave. Conversions for crediting will be rounded to the nearest onehalf (1/2) hour increment. Once donated, vacation or CTO hours cannot be reclaimed by the donor.
6. 6. The maximum time that may be initially donated into an employee's account is one thousand and forty (1040) hours. Additional time may be donated if the initial donation is exhausted to a maximum of one thousand and forty (1040) hours. To be eligible to receive more than the aggregate total of two thousand and eighty (2080) hours, there must be a favorable prognosis for recovery and a predictable date of return to work.
7. 7. In no event shall donated time have the effect of altering the rights of the City or the recipient relevant to employment, nor shall it extend or alter the limitations otherwise applicable to leaves of absence or sick leave.
B. B. The Union shall be responsible for securing donations to sick leave accounts. All donations must be done in writing and include the dated signature of the donor on a form mutually agreed upon by the City and the Union.
ARTICLE 31: FULL UNDERSTANDING MODIFICATION WAIVER
A. A. The parties jointly represent that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein.
B. B. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this agreementAgreement with respect to any subject matter within the Formatted: List Paragraph, Justified, Line spacing:
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scope of the meeting and conferringunion representation for a proposed MOU between the parties to be effective on or after July 1, 2013. June 30, 2029.
ARTICLE 31: SEVERABILTY OF PROVISIONS
Should any provision of the MOU be declared illegal by final judgment of a court of competent jurisdiction, such invalidations of such provisions shall not invalidate the remaining portions thereof; and such remaining portions shall remain in full force and effect for the duration of the MOU.
ARTICLE 32: PREVAILING RIGHTS
All matters within the scope of meeting and conferring that have previously been adopted been adopted through rules, regulations, ordinances, or resolutions which are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect through the term of this Agreement.
DATE: ________________________
IUOE, LOCALStationary Engineers,
Local 39
CITY OF COFAX :
Bart Florence
Tim Eggen, Business Manager
Se
an Lomen, Mayor
______________________________
_____________________________
Jeff Gladieux, President
We
s Heathcock
City of Colfax:
Caroline McCully, Mayor
Ron Walker, City Manager
______________________________
_____________________________
Charlie SoltIUOE, Stationary Engineers,
Local 39:
Brandy Johnson, Director of Public
Employees
______________________________
Stephen Hatch
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Jeremy Burch, Business Representative
________________________________
Bret Ellis
Matthew Anderson, Bargaining Team
Member
_________________________________
Treggan Mullinex
Casey Merrill, Bargaining Team Member
___________________________________
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MEMORANDUM OF UNDERSTANDING
CITY OF COLFAX
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS,
STATIONARY ENGINEERS, LOCAL 39, AFL-CIO
July 1, 2026 – June 30, 2029
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Table of Contents
PREAMBLE ........................................................................................................................................... 3 ARTICLE 1: RECOGNITION .................................................................................................................... 3 ARTICLE 2: SCOPE OF AGREEMENT ...................................................................................................... 3 ARTICLE 3: UNION RIGHTS.................................................................................................................... 4 ARTICLE 4: MANAGEMENT RIGHTS........................................................................................................ 5 ARTICLE 5: NO DISCRIMINATION .......................................................................................................... 6 ARTICLE 6: SALARY............................................................................................................................... 6 ARTICLE 7: OVERTIME........................................................................................................................... 9 ARTICLE 8: HOSPITAL-MEDICAL-DENTAL-VISION-LIFE INSURANCE AND OTHER BENEFITS .................. 10 ARTICLE 9: RETIREMENT PROGRAM .................................................................................................... 10 ARTICLE 10: HOLIDAYS ....................................................................................................................... 11 ARTICLE 11: SICK LEAVE ..................................................................................................................... 12 ARTICLE 12: LEAVE WITH PAY.............................................................................................................. 13 ARTICLE 13: VACATION....................................................................................................................... 14 ARTICLE 14: REST PERIODS ................................................................................................................ 15 ARTICLE 15: SCHEDULING.................................................................................................................. 15 ARTICLE 16: SENIORITY ...................................................................................................................... 16 ARTICLE 17: PROBATIONARY PERIOD.................................................................................................. 16 ARTICLE 18: PERFORMANCE EVALUATION REVIEW ............................................................................. 16 ARTICLE 19: FITNESS FOR DUTY.......................................................................................................... 17 ARTICLE 20: FILLING PERMANENT VACANCIES ................................................................................... 18 ARTICLE 21: LIMITED TERM EMPLOYEE (DEFINED)............................................................................... 18 ARTICLE 22: LAYOFF AND RE-EMPLOYMENT........................................................................................ 18 ARTICLE 23: UNIFORMS FURNISHED AND MAINTAINED ...................................................................... 19 ARTICLE 24: HEALTH AND SAFETY....................................................................................................... 20 ARTICLE 25: TUITION RIEMBURSEMENT AND TRANINGS...................................................................... 20 ARTICLE 26: DISCIPLINARY ACTION .................................................................................................... 21 ARTICLE 27: GRIEVANCE PROCEDURE................................................................................................ 22 ARTICLE 28: PERSONNEL FILES .......................................................................................................... 24 ARTICLE 29: HOME RETENTION OF CITY VEHICLES/ MILEAGE.............................................................. 24 ARTICLE 30: CATASTROPHIC LEAVE PROGRAM.................................................................................... 25 ARTICLE 31: FULL UNDERSTANDING MODIFICATION WAIVER.............................................................. 26 ARTICLE 31: SEVERABILTY OF PROVISIONS ......................................................................................... 26 ARTICLE 32: PREVAILING RIGHTS........................................................................................................ 26 Item 2D99
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PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-Milias-Brown Act, by and between the CITY OF COLFAX (the “City”) and IUOE, STATIONARY ENGINEERS, LOCAL 39 (the “Union”) the first day of July 2026.
The parties have met and conferred in good faith regarding wages, hours, and other items and conditions of employment of the represented employees of the City of Colfax and have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
The MOU shall be presented to the City Council as the joint recommendations of the undersigned for salaries, fringe benefits, and working conditions of all represented employees of the City of Colfax.
The MOU and following agreements shall not become effective until approved by the Colfax City Council and IUOE, Stationary Engineers, Local 39.
ARTICLE 1: RECOGNITION
The City hereby recognizes the Union as the exclusive representative for all employees in the following job classifications within the General Bargaining Unit:
• Clerk Typist
• Lead Mechanic
• Maintenance Worker I
• Maintenance Worker II
• Public Works Working Supervisor
• Operator in Training
• Operator II
• Operator III
• Chief Plant Operator
• Administrative Assistant / Community Development
The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to hours, wages, and conditions of employment of said employees as authorized by law.
ARTICLE 2: SCOPE OF AGREEMENT
A. Term: This agreement shall remain in full force and effect until June 30, 2029.
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B. Procedure for Meet and Confer: The City, through its representatives, shall meet and confer in good faith with representatives of the Union regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act.
ARTICLE 3: UNION RIGHTS
The Union has the right to represent its members before the City Council or advisory boards or commissions or the City Manager or his designee with regard to wages, hours, and conditions of employment or other matters within the scope of representation. Employees represented by the Union shall be free to participate in Union activities without interference, intimidation, or discrimination, in accordance with State law and City policies, rules, and regulations.
The Union shall have the following rights:
A. Union Access: The Union shall have access to bargaining unit members outside of their assigned duties; before and after work hours, at meal and break periods, without prior notice.
B. Bulletin Boards: The Union may use bulletin boards designated for its use in appropriate places. All items to be posted shall be officially authorized by the Union and shall bear the date of posting. A copy of all items posted shall be forwarded to the City.
C. Use of Facilities: The City Manager, upon request, may permit the Union to use designated facilities, depending upon availability of space, for meeting purposes. No request for use of City facilities shall be unreasonably denied.
D. Union Dues: The City shall deduct union dues from the wages of employees in the bargaining unit upon receipt of written notice from the Union that the employee has authorized such deductions. Deductions shall commence or cease no later than the first full pay period following notification from the Union.
Employee requests to cancel or modify dues deductions shall be directed to the Union. The City shall implement any changes to dues deductions only upon written notification from the Union.
In the event of a dispute regarding dues deductions, the Union shall provide documentation of the employee’s authorization upon request.
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The Union shall defend, indemnify, and hold the City harmless from any and all claims, demands, expenses, suits, orders, judgments or other forms of liability that arise out of or by reason of actions taken by the City under this Article, in accordance with California Government Code 1157.12(a).
E. New Hire Orientation: The Union's Business Representative or designee shall be given the opportunity to make a membership presentation at the employer's regularly scheduled new employee orientation sessions.
F. Maintenance in Membership: The written authorization for union dues deductions shall remain in full force and effect in accordance with the terms of the employee’s signed authorization. The City shall rely on the Union’s certification regarding the validity, continuation, and any revocation of such authorization. The City shall implement any changes to dues deductions only upon written notification from the Union.
G. Written Notice: The right to be given reasonable written notice of any proposed ordinance, rule, resolution or regulation, or amendment thereto relating to matters within the scope of representation.
H. Reasonable Access: Reasonable access to employee work locations for officers of the Union and the officially designated representatives for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the City or established safety or security requirements.
ARTICLE 4: MANAGEMENT RIGHTS
A. The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service and; determine the procedures and standards of selection for employment and promotion; train and direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; to exercise complete control and discretion over its organization and the technology of performing its work; and to make rules and regulations for its employees consistent with this MOU.
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B. The City maintains the right to use qualified volunteers or reserves in the City service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment of represented employees. Use of said individuals shall be in accordance with State law and regulations.
C. Nothing contained within the Article is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive.
ARTICLE 5: NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference or legitimate Union activities against any employee or application for employment by the City and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the employment position the applicant seeks. Nothing in this article shall in any way change current case law regarding employer's liability for discrimination nor shall it remove any defense currently or in the future with regard to employment discrimination.
ARTICLE 6: SALARY
A. Salary Ranges: Each job classification shall have a salary range consisting of six (6) steps, with a five percent (5%) increase between each step for all classifications. The salary range structure shall apply uniformly to all classifications within the bargaining unit.
Advancement through the salary range shall occur on an annual basis, consistent with City personnel policies and procedures.
B. Call Back Pay/Standby Pay:
1. Call Back Pay: When an employee is called by the City Manager or designee to return to duty after completion of their normal scheduled shift, they shall be compensated a minimum of two (2) hours at the rate of time and one half (1.5x) their normal rate of pay.
Any work performed beyond the initial two (2) hours shall also be compensated at time and one half (1.5x) for actual hours worked. Should an emergency arise that requires a maintenance employee to be called out by either the City Manager or designee, the maintenance employee shall receive time and one half time from the time he leaves his house to the time he returns. Phone calls not requiring a return to duty shall be compensated in fifteen (15) minute intervals at the rate of time and one half.
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Cumulative time spent on the telephone in excess of fifteen (15) minutes shall be compensable as call back time. This applies only to telephone calls taken by the employee which do not require a return to work.
2. Standby Pay: Bargaining Unit employees required to be on standby outside of their normal working hours and will receive $4.00 for each hour of assigned standby time, as directed by the City Manager or designee. Should a wastewater treatment plant or Maintenance Worker employee be called out, premium pay will be paid for those hours worked outside of normal eight-hour day in addition to the standby pay. Standby employees responding to a call shall receive Call Back pay pursuant to the above Section.
Effective July 1, 2028, standby pay shall be increased to four dollars and fifty cents ($4.50) for each hour of assigned standby time.
C. Cost of Living Adjustments: Cost of Living Adjustments shall be provided to all bargaining unit employees each year of this agreement effective July 1, 2026, 2027, and 2028 based on an average percentage change in the following two Consumer Price Index series for the period of April to April:
• San Francisco-Oakland-Hayward, CA, Urban Wage Earners and Clerical Workers (Series ID: CWURS49BSA0); and
• U.S. City Average, Urban Wage Earners and Clerical Workers (Series ID:
CWUR0000SA0).
The resulting average shall be subject to a minimum adjustment of two percent (2%) and a maximum adjustment of four percent (4%).
D. Wastewater Treatment Plant Operators: When a Wastewater Treatment Plant Operator License is required: Upon successful completion, the City shall pay for all out-of-pocket costs related to obtaining a Grade 2 or higher Wastewater Treatment Plant Operator's license, including paid time off for required classes and testing required during normal work hours. The City shall pay for the cost of Grade 2 or higher Wastewater Treatment Plant Operator license renewals.
E. Operator in Training Program: The parties agree to allow qualified employees to participate in the State's Operator in Training (OIT) program subject to the following conditions:
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The City shall:
1. Reimburse for approved schooling, including course materials upon successful completion of the course.
2. Provide travel compensation to and from schooling and testing locations.
3. Pay for certification and test.
4. Allow adequate time working as an OIT to be qualified to become a Grade 1 wastewater treatment plant operator.
5. Pay employees regular salary for attending classes during their normal scheduled working hours. No overtime will be paid for attending classes.
Employees participating in the OIT Program shall:
1. Study on employee’s own time.
2. Submit requests for City approval of qualified courses upon a submission of the complete program summary.
3. Timely schedule and pass tests and qualify for certification.
4. Apply with regulatory agencies for needed extensions.
5. Keep the City informed of progress and program status.
6. Track qualified hours and report their hours accomplished and needed to the City.
F. Pay Differential for Acting Supervisor
1. When an employee is assigned to perform the significant duties of a supervisory position for relief necessitated by a temporary vacancy caused by the incumbent' s absence of more than five (5) continuous working days, said employee shall receive 5% differential pay with the approval of the supervisor and/or the City Manager.
2. The 5% differential shall cease when the absent incumbent returns to duty.
G. Out of Class Pay: When an employee is assigned to do the work of a higher-paid classification (excluding supervisory classifications), said employee will be paid 5% out of class pay for the entire pay period in which the out-of-class work is performed.
H. Promotion: When an employee is promoted to a position with a higher salary range than the class from which he/she was promoted, the employee shall be appointed to that step in the higher salary range which will result in a minimum of a 5% salary increase.
I. Certification Pay: Employees will receive an additional 5% above their base pay for approved job-related certifications above what is required in their job classification.
Certification pay is capped at 10% for each employee. In order to receive certification pay, the employee must have the certificate program approved by their supervisor and have received a satisfactory performance rating. Certifications for pay are approved at the sole Item 2D105
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determination of the City and are subject to the operational needs of the City for continuance. Operator pay will be paid for current Operators in Training for a total of three years while obtaining required hours. Extensions may be provided at the discretion of the City.
J. Safety Officer Pay: Employees designated by the City as a Safety Officer shall receive five percent (5%) Special Assignment Pay above their base pay.
ARTICLE 7: OVERTIME
A. Definition: Authorized time of non-exempt employees worked in excess of either (8) hours per day and forty (40) hours in one (1) week shall constitute overtime. Employees on paid status for vacation CTO or holidays will not have such time count towards the 40-hour calculation.
B. Policy: It is the policy of the City of Colfax to keep overtime at a minimum consistent with the efficient operation of the City. Overtime must be authorized by the Department Head in advance and be in compliance with the overtime policy as set forth in the City's Personnel Rules and Regulations.
C. Overtime Pay: Overtime shall be paid at the rate of time and one half (1.5x) of the employee’s base salary.
D. Compensatory Time Off: Employees may elect to receive compensation for overtime as Compensatory Time Off (CTO) at the rate of time and one-half (1.5) hours for each overtime hour worked. CTO will be capped at eighty (80) hours. Any overtime worked that would cause an employee’s accrued CTO balance to exceed the cap shall be paid out as overtime pay.
E. Employee Held Over After Conclusion of Regular Work Shift: When an employee is held over after the conclusion of his/her regular work shift, the employee shall be paid at the rate of time and one-half (1 and ½) for hours worked in excess of his/her regular work shift.
After 12 hours have elapsed from the start of the employee's work day, an employee who is held over shall be paid at the rate of double time (2) until the employee is released from work for an uninterrupted rest period of eight (8) hours.
F. Meal Reimbursement: If an employee is required to work four or more hours before or beyond his or her normal working day or on overtime for emergency purposes or for extended work periods of four or more hours in length on a day that is not the employee's regular work day, and the employee is not exercising flexible work hours, the employee shall Item 2D106
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be reimbursed for the actual cost of a meal not to exceed $18.00, tax and tip included.
Reimbursement is contingent upon the employee providing receipts.
ARTICLE 8: HOSPITAL-MEDICAL-DENTAL-VISION-LIFE INSURANCE AND OTHER BENEFITS A. The City shall contribute up to the following amount per month towards the premium cost for City-provided medical, dental, vision, and life insurance coverage:
Coverage Tier
Effective
July 1, 2026
Effective
July 1, 2027
Effective
July 1, 2028
Employee Only $1,875.00 $1,875.00 $1,925.00
Employee Plus One $1,950.00 $2,025.00 $2,100.00
Employee Plus Family $2,100.00 $2,175.00 $2,250.00
Any premium costs above the applicable monthly contribution amount shall be paid by the employee.
B. Employees who decline to enroll in the City’s medical benefits and who provide evidence to the City that they have medical benefits in place shall receive employee-only dental, vision, and life insurance coverage at no cost to the employee, and shall receive an in-lieu taxable stipend of four hundred dollars ($400) per month.
ARTICLE 9: RETIREMENT PROGRAM
A. Retirement Benefits:
1. Employees designated as "local miscellaneous members" by the City are currently provided retirement benefits under the Public Employees Retirement System's Local Miscellaneous 2% at age 60 Formula.
2. Employees are also provided retirement benefits under Social Security.
B. Retirement Contributions:
1. Employees shall pay the full employee contribution to PERS retirement as required by law.
2. The employee shall pay the full amount of the employee's contribution rate to Social Security.
C. PEPRA Retirement Contributions:
1. New Member Retirement Benefits: All employees hired after January 1, 2013 shall fall under the Public Employee Pension Reform Act, AB340, of the California State Code.
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ARTICLE 10: HOLIDAYS
A. The following holidays shall be observed by the City:
1. January 1st (New Year’s Day)
2. The third Monday in January (Martin Luther King Day)
3. One (1) Floating Holiday instead of Lincoln's Birthday
4. The third Monday in February (President’s Day)
5. The last Monday in May (Memorial Day)
6. June 19th (Juneteenth)
7. July 4th (Independent’s Day)
8. The first Monday in September (Labor Day)
9. The second Monday in October (Columbus Day/Indigenous Peoples’ Day)
10. November 11th (Veterans Day)
11. Thanksgiving Day
12. The Friday immediately following Thanksgiving Day
13.December 24th (Christmas Eve)
14.December 25th (Christmas Day)
15. Every day designated by the President or Governor for public fast, thanksgiving, or holiday and approved by the City Council.
B. If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If any holiday falls on a Sunday, the following Monday shall be observed as the holiday.
C. Employees who are required to work on a designated holiday shall receive eight (8) hours of vacation leave or pay, in addition to compensation for hours worked as provided in D below.
D. Employees who work on a designated holiday shall be paid at one and one-half (1.5x) their regular rate of pay for all hours worked on the holiday.
E. No holiday pay shall be accrued while an employee is in unpaid status for more than thirty (30) consecutive calendar days.
F. Employees must be a City employee in January to receive the full floating holiday.
Employees hired after January shall receive a prorated floating holiday based on the calendar quarter in which they are hired.
G. If a holiday occurs during an employee’s approved vacation leave, the holiday shall not be charged against the employee’s vacation leave balance.
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H. When a recognized City holiday falls on a Tuesday, an employee may request to observe the holiday on the preceding Monday. When a recognized City holiday falls on a Thursday, an employee may request to observe the holiday on the following Friday. Such requests may be approved by the City Manager or designee based on operational needs and departmental staffing. Approval shall not be unreasonably withheld. An approved alternate holiday observance under this section shall be treated as the employee’s holiday for pay purposes and shall not result in any loss of holiday pay or additional holiday benefit.
ARTICLE 11: SICK LEAVE
A. Use of Sick Leave: Sick leave may be taken for absences from duty made necessary by:
1. Personal illness, injury, or preventive care;
2. Medical, dental, or eye examination or treatment for the employee or a family member;
3. Diagnosis, care, or treatment of an existing health condition of the employee or a family member;
4. Hospitalization of a family member or member of the employee's household;
5. Care of a family member or member of the employee's household who is ill or injured, though not hospitalized; and
6. Reasons authorized by California law when the employee or a family member is a victim of domestic violence, sexual assault, stalking, or other qualifying acts.
A family member is defined as a spouse, registered domestic partner, child, stepchild, parent, parent of a spouse, stepparent, brother, sister, grandparent, grandchild, parent-inlaw, designated person, or any member of the employee’s household.
B. Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees.
An employee shall accumulate one (1) sick leave day per month while in paid status from date of hire until terminated or on leave without pay. Part time employees shall accrue sick leave on a pro rata basis based on the average hours worked per month.
C. Holidays During Sick Leave: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits.
D. Sick Leave Notification and Proof of Illness: In order to receive compensation while on sick leave, the employee shall notify their immediate supervisor in advance when the need for sick leave is foreseeable. If the need for sick leave is not foreseeable, the employee shall notify their immediate supervisor as soon as practicable.
E. State Disability Insurance Integration: The City agrees to integrate SDI benefits with sick leave. The employee shall pay required premium costs, which will be deducted from their Item 2D109
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paycheck and transmitted to the State by the City. Employees shall advise the City of any communications from EDD within two work days of receipt.
ARTICLE 12: LEAVE WITH PAY
The following provide for leave with pay:
A. Military Service: Military leave shall be granted in accordance with State and Federal law.
B. Jury Duty: All employees occupying authorized regular positions shall be allowed to leave for jury duty upon presentation of jury notice to the department head or City Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the City of Colfax, with the exception of mileage reimbursement.
C. Driver's License Renewal: The City agrees that employees who are required as a condition of continued employment to maintain a valid California 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.
D. Bereavement Leave: In the event of the death of an employee’s immediate family member, the employee shall be entitled to up to five (5) workdays of bereavement leave for each occurrence. Up to three (3) workdays shall be leave with pay. Two (2) additional workdays shall be unpaid but protected leave. Employees may use accrued PTO to remain in paid status for any bereavement leave taken beyond the three (3) paid workdays.
Bereavement leave may be used for attending funeral or memorial services, making arrangements associated with the death, grieving, or travel related to the death of the immediate family member. Bereavement leave does not need to be taken consecutively but must be completed within three (3) months of the date of death.
For purposes of this Article, immediate family member shall include the employee’s spouse, domestic partner, child, parent, sibling, grandparent, grandchild, and those relationships recognized by law as in-law, half, step, adopted, and foster family members.
Employees shall notify their Department Head as soon as practicable after the death of an immediate family member of the dates for which bereavement leave is requested.
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ARTICLE 13: VACATION
All regular employees occupying a position shown in the Annual Salary Program shall accrue vacation leave with pay as shown below:
A. Vacation Leave Accrual: Vacation leave with pay shall be credited to all employees at the following rates:
First two years of service: 10 days per year
Beginning of year three through four: 12 days per year
Beginning of year five through nine: 15 days per year
Beginning of year ten through fourteen: 20 days per year Beginning of year fifteen through nineteen: 22 days per year Beginning of year twenty and on: 25 days per year
B. Payment for Unused Vacation Time: When an employee terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation shall be at the employee's hourly rate.
C. Vacation Leave Accumulation:
1. Vacation credits are earned and shall vest as accrued. Accrued vacation credits may be carried over from year to year, subject to the maximum accrual set forth below.
2. Employees shall not accrue more vacation leave than two (2) times their annual vacation leave accrual rate in a calendar year. Employees who reach the maximum accrual amount shall cease accruing vacation leave until the amount of accrued vacation leave is reduced below the maximum accrual amount.
3. All eligible employees may use accrued vacation upon successful completion of probation, upon two (2) weeks’ notice and approval from the appropriate department head.
4. Vacation credits shall not be earned during periods an employee is on unpaid status.
D. Sickness During Vacation Leave: Sickness occurring during vacation leave, upon reasonable verification if requested by the City, shall be considered sick leave and not charged against vacation leave.
E. Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance by the employee in writing to the Department Head. The Department Head shall approve or deny the vacation request within five (5) days from the date of the request.
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ARTICLE 14: REST PERIODS
A. Lunch Periods: Employees are provided with an uninterrupted lunch period of one hour or one-half (1/2) hour for each eight (8) hours of work, or alternative work schedule.
B. Rest Periods: Employees are provided with two paid fifteen (15) minute breaks, one during the first half of the shift and another during the second half of the shift. During breaks, employees are considered to be under the direction and supervision of the City. Rest periods will generally not be taken within one (1) hour of an employee's start or end time.
Rest periods will normally be taken at the assigned worksite. Employees may, with the supervisor's permission, leave the area as necessary to take care of their personal needs.
Employees may be required to use the closest reasonably accessible facility for that purpose.
ARTICLE 15: SCHEDULING
A. Normal work week for bargaining unit employees will be eight hours per day, 40 hours per week. Work schedules for each position shall be as established by the Department Head.
The Department Head may change such schedules from time to time based on the needs of departmental operations and with approval of the City Manager. The Department Head, with seven (7) calendar days prior notice, may require an employee to work an unscheduled day/shift and receive an otherwise scheduled work day/shift off in which case the work day/shift worked shall not be considered compensable at the overtime rate of pay. In no event may an employee’s work schedule be changed during the same pay period when the primary purpose of such change is to avoid payment of overtime. Employees may flex their schedules upon mutual agreement between their Department Head or designee.
B. Temporary Change in Schedule: An employee whose regular work shift is temporarily changed so that his/her shift starts between the hours of 6:00 p.m. and 6:00 a.m. shall be paid an additional 5% differential unless such temporary change in schedule is the result of a mutually agreed upon flextime arrangement or the employee is working overtime.
C. Work Assignments: The City shall give a ten-day written notice to an employee prior to a permanent change of assignment.
D. Light Duty: As determined by the City, the City agrees to provide for light duty assignments if available.
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ARTICLE 16: SENIORITY
The principals of City seniority shall apply in, but not limited to, the following: promotion, layoff, vacation request, shift and days off bidding, etc. Provided, however, that due to the small size of the City workforce, strict application of seniority rules may be relaxed with respect to represented employees on a case-by-case basis after conferring with Union, if the City can demonstrate a specific need to vary from seniority basis.
ARTICLE 17: PROBATIONARY PERIOD
All new regular City employees will serve a six (6) month probationary period. During such probation an employee may be terminated for any reason and is not subject to the grievance procedure. A probationary period may be extended with the approval of the City Manager. The City may extend the probationary period as determined by the employee's supervisor with approval of the City Manager, two additional three (3)-month periods. If extended, a performance evaluation will be conducted at each three-month interval to determine possible permanent status.
Probationary period will not exceed one year.
ARTICLE 18: PERFORMANCE EVALUATION REVIEW
A. Responsibility for Performance Appraisals:
1. It shall be the responsibility of the Department Heads and the Departmental Supervisors to prepare a performance appraisal for each employee assigned to them.
B. Frequency of Evaluations:
1. Regular Employees: A written performance appraisal shall be prepared at least annually for all employees within thirty days of their salary anniversary date.
2. Merit Increase: No merit increase approvals shall be implemented until the employee's performance appraisal is completed with a satisfactory or better rating justifying the merit increase. Employees who receive late evaluations that are satisfactory or above shall also receive retroactive pay back to their salary anniversary date.
C. Review and Distribution of Evaluation:
1. Each performance appraisal shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement or which are unacceptable. Employees shall be encouraged to comment about their work performance in a written statement attached to the appraisal within ten (10) working days of the performance appraisal.
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2. The employee will be encouraged to sign the performance appraisal to acknowledge awareness of its contents and discussion of the appraisal with the evaluator. The employee shall be informed that his or her signature does not necessarily mean that the employee fully agrees with the contents of the report and the employee may so state on the report before signing.
3. A copy of the final approved performance appraisal shall be provided to the employee.
The original shall be placed in the employee's personnel file.
ARTICLE 19: FITNESS FOR DUTY
A. The City may require an employee to submit to a medical examination by a physician designated by the City to evaluate the capacity of the employee to perform the essential functions of the employee's position. The decision to require an employee to submit to such medical examination shall be based upon reasonable cause to believe, by the employee’s department head or designee, that the employee is unable to perform the essential functions of the employee’s position based on a medical or psychological condition or poses a threat to self or others. The City shall pay the cost of such examination.
B. The physician shall make a written report to the City. Information provided by the City's physician shall be kept confidential. A copy of the physician's report shall be given to the employee. The physician’s report shall include what, if any, reasonable accommodations the City may make to accommodate the employee.
C. If, after consideration of the report and other pertinent information, the City concludes the employee is permanently unable to perform the essential functions of his/her present position, the City and employee will engage in an interactive process meeting to review and discuss reasonable accommodations. The employee may be represented at the interactive process meeting by a representative of their choosing. If the City is unable to accommodate the employee, the City may demote or transfer the employee to an appropriate vacant position. If it is concluded that the employee is unable to perform the essential functions of his/her position and the employee cannot be demoted or transferred to another vacant position, the employee's employment with the City may be terminated.
Any such action shall be considered non-disciplinary. An employee who is terminated because he/she is unable to perform the duties of his/her position shall be placed on paid administrative leave until the date of separation.
D. An employee demoted or terminated pursuant to this section may elect, at the employee's cost, to an examination by a physician of the employee's choice. If the employee's physician finds the employee fit to perform his/her job duties the employee shall have the Item 2D114
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right to submit the matter to binding arbitration, pursuant to the Step 4 of the grievance procedure contained herein.
E. After weighing the evidence submitted by both parties, the employee shall be reinstated if the arbitrator determines that the employee is fit to perform the essential functions of his/her former position. The arbitrator may elect to make an employee whole.
ARTICLE 20: FILLING PERMANENT VACANCIES
A. Whenever a vacancy occurs in a job assignment, the vacancy and duties of the position shall be posted for a period of ten (10) calendar days. Employees holding career status in the classification allocated to that position, and who are assigned to the particular operation in which the vacancy arises, may request to be reassigned to fill said vacancy.
The City shall give first consideration to those employees making such requests before considering any other persons for the vacancy.
B. In the event more than one qualified employee requests to fill said vacancy, the assignment shall be based on classification seniority (or in the case of a tie, highest position on the eligible list) provided relative experience and capability in performing the required job functions and relative disruptive effect on the established work schedule are equal as determined by the City.
ARTICLE 21: LIMITED TERM EMPLOYEE (DEFINED)
A Limited Term assignment may be appointed by the City Manager for the purpose of filling the needs of the city for a period of not more than four (4) months and can only be extended by mutual agreement of the Union and the City.
ARTICLE 22: LAYOFF AND RE-EMPLOYMENT
A. Notice of Layoff: The City Manager shall give at least three (3) weeks advance written notice to regular employees to be laid off. Such notice shall also be furnished to the Union.
Layoffs are subject to Meet and Confer.
B. Order to Layoff: Layoffs shall be by job classification in reverse order of seniority as determined by length of continuous service with the City in fulltime, non-probationary status. Layoffs and leaves of absence without pay shall be bridged in computing the employee's length of continuous service.
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C. Bumping Rights: A regular employee who has achieved fulltime, non-probationary status at the time of layoff may displace the least senior employee in the lower classification provided, however, that the employee to be laid off has greater seniority than the least senior employee in the lower classification and further provided that the employee to be laid off held permanent status in that lower classification.
D. Re-employment: A regular employee who has achieved fulltime, non-probationary status at the time of layoff shall have the employee's name placed on a re-employment list which shall be maintained for twenty-four (24) months from the time of layoff.
E. Employees on the re-employment list shall be first called by seniority to fill openings in the classification from which the employees were laid off before other employees are hired to fill those openings. Employees bumped as a result of layoff shall be allowed to return to openings in the position from which they were bumped by seniority at the salary for the position to which the employee returns. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible.
ARTICLE 23: UNIFORMS FURNISHED AND MAINTAINED
A. Washing and Drying Facilities: The City shall provide and maintain washing and drying facilities for the purpose of laundering uniforms and work apparel. Employees shall be provided scheduled time during work hours to start laundry loads, transfer loads, remove completed loads, fold uniforms and work apparel, and prepare such items to take home.
B. Shirts: The City shall furnish Public Works Department employees with ten (10) uniform shirts. In the event uniform shirts are damaged due to work-related use or experience normal wear and tear requiring replacement, the City shall provide replacement shirts upon verification of such condition.
C. Uniform and Work Apparel Reimbursement: Public Works Department employees shall be eligible for reimbursement upon submission of receipts for the following items:
1. Safety Boots: Up to three hundred twenty-five dollars ($325) annually for safety boots required by the City.
2. Safety Jackets: Up to two hundred fifty dollars ($250) annually for high-visibility safety jackets or equivalent outerwear approved by the City.
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3. Uniform Pants: Up to six hundred fifty dollars ($650) annually for uniform pants, including jeans, carpenter-style work pants, cargo work pants, industrial twill work pants, duck canvas work pants, or other durable work pants approved by the City.
D. Work-Related Damage: In the event safety boots, high-visibility safety jackets, uniform pants, or other uniform items are damaged due to work-related use and require replacement outside of the annual reimbursement limits, employees may submit the damaged item to the City for review. With approval of the City Manager or designee, the employee may be authorized for replacement.
ARTICLE 24: HEALTH AND SAFETY
A. Safety Equipment: Safety equipment is supplied by the City of Colfax to its personnel. All employees shall possess and have immediately available for their use those items of safety equipment issued and which are described by City regulations. Furthermore, the City agrees to provide and maintain a safe and healthy work environment.
B. Inoculations: The City shall pay for all inoculations required by the State of California, or as required by the City.
ARTICLE 25: TUITION RIEMBURSEMENT AND TRANINGS
A. Tuition Reimbursement: The City shall reimburse employees up to $1500.00 per fiscal year for the expenses they have incurred for tuition and books in taking a City approved college or university level course. Only courses, which relate to the employee's current position with the City or would prepare the employee for advancement within the career field, will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until the employee submits documentation of expenses and successful completion of the course with a grade of "B" or better. In order to be eligible, an employee must submit a plan by May 1st for the upcoming budget year. Late requests may be approved at the discretion of the Department Head.
B. Training Courses: Upon approval of the Department Head, employees may be authorized to attend job-related training programs during regular working hours. When the needs of the City services so require, the appointing authority may direct an employee to attend a meeting or conference as part of the professional training required for the position. When such attendance is authorized or directed, payment for training-related expenses shall be paid by the City in accordance with authorized travel expense reimbursement in Article 29 B, Mileage Reimbursement, and shall be distinct from the compensation paid for time worked.
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ARTICLE 26: DISCIPLINARY ACTION
The following procedure shall be adhered to for non-emergency suspension, discharges and disciplinary actions of regular represented employees:
A. Disciplinary Procedure:
1. The concerned employee shall be given written notice of the proposed action within seven (7) calendar days from the date the appointing authority becomes aware of an incident to take the appropriate disciplinary action. Such written notice shall include a statement of the reasons why the disciplinary action is being proposed and shall include a copy of the changes being considered by City management in addition to a statement of employee rights appropriate to the preliminary notice.
2. The employee shall be shown the documents or materials upon which the disciplinary action is based; and if practical, he or she shall be supplied with a copy of those documents.
3. After being given a reasonable opportunity to review the documents and materials set forth in paragraphs 1 and 2, above, the employee shall, within ten (10) days, be given the right to request a meeting, or respond either orally or in writing (at the option of the employee), to the authority initially imposing discipline. This meeting and/or response shall constitute a “Skelly” hearing.
4. Proposed discipline shall only be imposed after employee receipt of the City’s decision following the response meeting (“Skelly” hearing).
5. Prior discipline may be considered in determining the appropriate level of discipline in the administration and enforcement of City work rules, and is not subject to the written notice requirement in Article 22 (A) 1 Notice of Layoff.
6. Employees shall have the right to appeal the decision of the City. Appeals may be filed for binding arbitration pursuant to Step 4 of the grievance procedure in Article 27 of this Agreement.
B. Suspension: The Department Head, with prior approval of the City Manager, may suspend an employee without pay from his/her position at any time for cause, not to exceed three (3) working days in any one suspension or more than ten (10) working days in one fiscal year. Such suspensions shall be reported immediately to the City Manager. The City Manager may suspend an employee at any time for cause for a period not to exceed thirty (30) working days in any fiscal year.
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C. Demotion: The City Manager may demote an employee whose ability to perform the required duties of his/her position fall below standard or for disciplinary purposes. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications.
D. Reduction in Salary: The appointing authority may, with prior City Manager approval, within the minimum and maximum salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of his/her position falls below standard, or for disciplinary purposes.
E. Discharge: An employee in the career service may be discharged for cause at any time by the City Manager. Any employee who has been discharged shall receive a written statement of the reasons for such action at the time of discharge.
F. Cause for Discipline: Disciplinary action up to and including termination may be taken for any of the following:
1. unauthorized absence
2. the commission of conviction of any felony or any other crime involving moral turpitude
3. disorderly conduct
4. incompetence or inefficiency
5. insubordination
6. intoxication while on duty or on standby
7. neglect of duty
8. willful or negligent damage to public property or waste of public supplies or equipment
9. violation or negligent damage to public property or waste of public supplies or equipment
10. willful violation of any of the provisions of the Ordinances of the City, these rules or others promulgated by the City Manager as Administrative Orders G. Aggrieved Employee Representation: An aggrieved employee may be represented by any person or organization of his/her choice at any stage of the proceedings.
ARTICLE 27: GRIEVANCE PROCEDURE
Definition: A grievance shall be defined as any claimed violation, misinterpretation, inequitable application or non-compliance with provisions of a collective bargaining agreement, or resolutions, rules, regulation, or existing practices affecting the status or working conditions of City employees.
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Right to File and Representation: A grievance may be filed by an employee on the employee's own behalf, or jointly by any group of employees or by an employee organization.
An aggrieved employee may be represented by any person or organization of the employee's choice at any stage of the proceedings. A representative of an organization certified to represent a majority of employees in the representation unit, in which the aggrieved employee is included, is entitled to be present at all meetings, conferences and hearings. Disciplinary appeals shall be submitted directly to Step 4 of the grievance procedure.
The City shall act as a central repository for all grievance records. Any time limit may be extended only by mutual agreement of the parties.
A. Informal Grievance Procedure: Within five (5) working days of the event giving rise to a grievance, the grievant shall present the grievance informally for the disposition by the immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be prerequisite to the institution of a formal grievance.
B. Formal Grievance Procedure: If the grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date grievant informally presented the event giving rise to a grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing a memorandum and filing it with the Department Head.
Step 1 - Within ten (10) working days after a formal grievance is filed, the Department Head shall investigate the grievance and confer with the grievant in an attempt to resolve the grievance and make a decision in writing.
Step 2 - If the grievance is not resolved in Step 1 to the satisfaction of the grievant, he/she may, within not more that five (5) working days from his/her receipt of the Department Head's decision, request consideration of the grievance by the City Manager by so notifying the City Manager. Within ten (10) working days after such notification, the City Manager shall investigate the grievance, confer with the person affected and their representatives to the extent he deems necessary, and render a decision in writing. The City Manager shall advise the grievant, in writing, of the decision. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3.
Step 3 - Mediation. With the approval of all parties, the California State Mediation and Conciliation Service shall mediate any grievances or disciplinary actions before going to Step 4.
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Step 4 - Binding Arbitration. If the City Manager or the designated representative fails to respond in writing as provided in Step 2, or if the response is not satisfactory to the grievant, the grievant shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the City Manager within ten (10) working days of receipt of the decision.
1. Selection of Arbitrator: A list of five (5) arbitrators shall be provided by the State Mediation and Conciliation Service. Selection of the arbitrator shall be made by the parties alternating striking names from the list until one remains.
2. Decision: In all cases the decision of the arbitrator shall be final and binding. The arbitrator shall have no authority to add to, delete or alter any provisions of the Agreement, but shall limit his/her decision to the application and interpretation of its provisions.
3. Cost: The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties.
4. Witnesses: The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant to the Agreement. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 28: PERSONNEL FILES
An employee or employee's representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file. The City shall furnish copies of all performance evaluation reports and letter of reprimand or warning to the employee prior to placement of such documents into the employee's personnel file. The employee shall be required to acknowledge the receipt of any document entered into the employee's personnel file without prejudice to subsequent arguments concerning the contents of such documents.
ARTICLE 29: HOME RETENTION OF CITY VEHICLES/ MILEAGE
A. City Vehicle: Home retention of City vehicles may be permitted with the prior approval of the City Manager.
B. Mileage Reimbursement: When authorized by the City for the employee to drive their private vehicle, the City will reimburse mileage at a rate equal to the standard rate recognized by the Internal Revenue Service.
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ARTICLE 30: CATASTROPHIC LEAVE PROGRAM
A. Regular full-time employees may voluntarily donate vacation or CTO hours to another regular employee based on the following criteria:
1. To be eligible as a recipient, an employee must have a verifiable long-term illness or injury, e.g., cancer, heart attack, stroke, serious injury, etc., or death in the immediate family and must have exhausted all personal vacation, sick leave, and CTO, or will soon have exhausted such leave resulting in the employee being in a non-paid status.
2. Donations must be made to a specified individual only.
3. The person receiving the donated hours must have achieved regular status with the City.
4. Donated vacation or CTO hours must be in increments of one (1) hour. Hours donated will be converted at the donor's hourly rate and credited to the sick leave balance of the recipient by converting the dollar amount donated to the recipient's hourly rate.
5. Example: Employee A is paid at ten dollars ($10) per hour and donates one hour to employee B who is paid at five dollars ($5) per hour. Employee B would be credited with two (2) hours of sick leave. Conversions for crediting will be rounded to the nearest onehalf (1/2) hour increment. Once donated, vacation or CTO hours cannot be reclaimed by the donor.
6. The maximum time that may be initially donated into an employee's account is one thousand and forty (1040) hours. Additional time may be donated if the initial donation is exhausted to a maximum of one thousand and forty (1040) hours. To be eligible to receive more than the aggregate total of two thousand and eighty (2080) hours, there must be a favorable prognosis for recovery and a predictable date of return to work.
7. In no event shall donated time have the effect of altering the rights of the City or the recipient relevant to employment, nor shall it extend or alter the limitations otherwise applicable to leaves of absence or sick leave.
B. The Union shall be responsible for securing donations to sick leave accounts. All donations must be done in writing and include the dated signature of the donor on a form mutually agreed upon by the City and the Union.
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ARTICLE 31: FULL UNDERSTANDING MODIFICATION WAIVER
A. The parties jointly represent that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein.
B. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of union representation for a proposed MOU between the parties to be effective on or after June 30, 2029.
ARTICLE 31: SEVERABILTY OF PROVISIONS
Should any provision of the MOU be declared illegal by final judgment of a court of competent jurisdiction, such invalidations of such provisions shall not invalidate the remaining portions thereof; and such remaining portions shall remain in full force and effect for the duration of the MOU.
ARTICLE 32: PREVAILING RIGHTS
All matters within the scope of meeting and conferring that have previously been adopted through rules, regulations, ordinances, or resolutions which are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect through the term of this Agreement.
DATE: ________________________
IUOE, Stationary Engineers, Local 39:
Tim Eggen, Business Manager
Jeff Gladieux, President
City of Colfax:
Caroline McCully, Mayor
Ron Walker, City Manager
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IUOE, Stationary Engineers, Local 39:
Brandy Johnson, Director of Public
Employees
Jeremy Burch, Business Representative
Matthew Anderson, Bargaining Team
Member
Casey Merrill, Bargaining Team Member
Item 2D124
City of Colfax
Staff Report June 24, 2026
Employee Handbook Update
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: Employee Handbook Update
Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
The City of Colfax’s current Employee Handbook (Handbook) was adopted on July 1, 2017. Since that time, numerous changes in California and federal employment law—together with the City’s evolving operational needs and the terms negotiated with represented employees—have made a comprehensive update necessary. Working with the City’s labor counsel, Liebert Cassidy Whitmore (LCW) and consultant Josette Reina-Luken (MNJ Advisors), staff prepared a complete revision of the Handbook.
The updated Handbook was reviewed by International Union of Operating Engineers, Stationary Engineers Local 39 (Union) for feedback. The Union had no objections; note that the Union has a memorandum of understanding (MOU) for its represented employees in addition to the Handbook. In the event that the Handbook and MOU contradict each other, the MOU will take precedence.
This report summarizes the substantive differences between the original 2017 Handbook and the updated version.
The updated Handbook reorganizes the document into a numbered section structure (Sections 100– 108), modernizes and standardizes language throughout (for example, replacing first/second person “you/your” references with consistent third-person references and updating position titles from “City Clerk/Finance Director” to “Administrative Services Officer”), and brings each policy into alignment with current law. The major substantive changes are summarized below.
Compensation and Benefits:
• On-Call (Standby) Pay: increased from $2.50 per hour to $4.00 per hour, rising to $4.50 per hour effective July 1, 2028. Expected response time changed from 30 minutes to 45 minutes. • Compensatory Time Off (CTO): increased the accrual cap from 60 to 80 hours, and detailed new provisions were added governing the use, scheduling, cash-out, carryover, and payout-upon-separation of CTO.
• Life Insurance: City-paid life insurance benefit increased from $15,000 to $25,000. • Benefits Offerings: an optional Flexible Spending Account (FSA) plan and a 457(b) Deferred Compensation Plan were added to the list of benefits; stand-alone “Disability Insurance” was removed from the benefits list.
• Benefits Eligibility Table: updated to reference CalPERS regulations and to revise retirement eligibility thresholds (removing the prior “>960 hrs/yr” conditions).
RECOMMENDED ACTION: Approve Resolution No. -2026, adopting the updated City of Colfax Employee Handbook to supersede the Employee Handbook adopted July 1, 2017, and authorizing the City Manager to make nonsubstantive corrections as needed.
Item 2E125
City of Colfax
Staff Report June 24, 2026
Employee Handbook Update
• Overtime: the policy was expanded to distinguish FLSA overtime from contractual overtime, clarify that only actual hours worked count toward thresholds, and add detailed authorization and emergency-overtime procedures.
Leaves and Time Off:
• Holidays: Juneteenth was formally added to the City’s observed holiday list, and a Floating Holiday (in lieu of Lincoln’s Birthday) and “Columbus Day / Indigenous Peoples’ Day” designation were incorporated. New language addresses holiday pay (2½ times the regular rate when required to work an observed holiday) and weekend-holiday observance.
• Reproductive Loss Leave: an entirely new leave (up to 5 days per event, up to 20 days in a 12-month period) was added to comply with California law effective 2024. • Bereavement Leave: new stand-alone policy providing 3 days of paid leave plus 2 additional days of unpaid, protected leave, to be taken within three months. • Family and Medical Leave (CFRA): substantially expanded with current definitions, eligibility, certification, reinstatement, and intermittent-leave provisions, and clarification that the City is exempt from FMLA due to its size and administers leave under CFRA. • Vacation Leave: added two days for those employees with 15-19 years of service. • Sick Leave: updated to current law, including expanded “covered family members,” addition of a “designated person,” and protected-leave provisions under the Healthy Workplaces, Healthy Families Act and Kin Care.
• Pregnancy and Related Leave: expanded and retitled to address pregnancy disability leave, reinstatement, benefits while on leave, and reproductive loss. • Additional/expanded leaves: Lactation accommodation, Jury Duty and Court-Ordered Witness Leave, Victims of Crime Leave, Domestic Violence/Sexual Assault/Stalking Leave, School Appearances, Time Off for Voting, Volunteer Civil Service Personnel, Paid Administrative Leave, and Leave of Absence Without Pay were each added or significantly expanded to reflect current statutory requirements.
Conduct, Technology, and Workplace Policies:
• Artificial Intelligence (AI) Policy: an entirely new policy governing permissible employee use of AI tools, confidentiality of inputs, labeling of AI-generated content, and a prohibition on “deepfakes.” • Technology Policy: significantly expanded to cover City property and equipment, cell phones and hands-free driving requirements, protection of electronic information, computer/internet use, monitoring of City property, social media (including personal-account guidance), and employee-owned devices. • Drug and Alcohol Policy: expanded to address cannabis/marijuana, off-duty cannabis use protections under current California law, reasonable-suspicion and pre-employment testing protocols, and nonpsychoactive cannabis metabolite testing limits. • Harassment, Discrimination, and Retaliation: substantially rewritten with expanded protected categories, covered individuals, detailed complaint and investigation procedures, anti-retaliation provisions, and employee/supervisor responsibilities.
• Reasonable Accommodation and Interactive Process: a comprehensive new section added covering disability, pregnancy, victim-status, and religious accommodations, along with fitness-for-duty examination procedures.
Item 2E126
City of Colfax
Staff Report June 24, 2026
Employee Handbook Update
• Outside Employment, Conflicts of Interest, and Political Activity: expanded with authorization, appeal, and revocation procedures and updated statutory references. • Workplace Violence: expanded to reference the City’s Workplace Violence Prevention Plan (consistent with SB 553) and to detail reporting and response procedures.
Discipline and Employment Status:
• Disciplinary Procedures: expanded to define types of discipline (counseling memo, verbal/written reprimand, suspension, demotion, salary reduction, discharge), causes for discipline, and detailed Skelly (pre-disciplinary) and appeal-hearing procedures for for-cause employees. • Employment Status Categories: clarified and expanded to add Volunteers, Independent Contractors, and Probationary Employees as distinct categories, with at-will and due-process distinctions. • Reductions in Force: updated to add advance-notice provisions (the City will attempt to provide 21 days’ notice) and to defer to applicable MOU layoff provisions for represented employees. • Job Abandonment: new provision deeming an employee to have resigned after five consecutive unauthorized absences, with a notice-and-explanation process. • Whistleblower Policy: updated and expanded with current definitions of protected activity and adverse action and a complaint form.
LCW Review Comments:
The City’s labor counsel (LCW) commented on several items, including: confirmation that adding Juneteenth is consistent with existing holiday language and that floating holidays should be addressed separately; clarification on offsetting jury-duty stipends; a note that voting-leave posting requirements need not be restated in the Handbook; and observations that certain crime-victim leave rights are already addressed in the sick leave and domestic-violence leave sections. These comments are advisory and have been incorporated or addressed in the final version as appropriate.
Staff recommends that Council adopt the updated City of Colfax Employee Handbook to supersede the July 1, 2017 Handbook. If approved, the updated handbook would have an effective date of July 1, 2026.
Fiscal Impacts
N/A
Attachments:
1. Resolution - 2026
2. Employee Handbook Adopted on July 1, 2017
3. Draft Employee Handbook with effective date of July 1, 2026 Item 2E127
City of Colfax
City Council
Resolution -2026
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE UPDATED EMPLOYEE
HANDBOOK
WHEREAS, the City of Colfax (City) in conjunction with their legal counsel and consultants have made several adjustments to bring the employee handbook to current standards; and, WHEREAS, International Union of Operating Engineers, Stationary Engineers Local 39 (Union) has reviewed the proposed changes and has no objections to these updates; and WHEREAS, the City Council of the City of Colfax has determined that the employee handbook updates are in the best interest of the City and its employees.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to execute the updated Employee Handbook as of July 1, 2026.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 24th day of June 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Caroline McCully, Mayor
ATTEST:
Gabrielle Christakes, City Clerk
City of Colfax
June 24, 2026 Employee Handbook Update
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Employee Handbook
City of Colfax
Adopted by City Council on June 24, 2026
EFFECTIVE DATE: JULY 1, 2026
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This document has been reviewed in conjunction with negotiations for renewal of the MOU with represented employees.
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100. General Employment Policies ................................................................................................. 7 100.1 Introduction ....................................................................................................................... 7 100.2 Our Community ................................................................................................................ 7 100.3 Community Relations ....................................................................................................... 8 100.4 Right to Revise .................................................................................................................. 9 101. Employment Status ............................................................................................................... 10 101.1.1 Full-Time Employees............................................................................................... 10 101.1.2 Part-Time Employees............................................................................................... 10 101.1.3 Temporary Employees ............................................................................................. 10 101.1.4 Probationary Employees .......................................................................................... 10 101.1.5 Volunteers ................................................................................................................ 11 101.1.6 Independent contractors ........................................................................................... 11 101.1.7 Filling Permanent Vacancies ................................................................................... 11 101.1.8 Eligibility List .......................................................................................................... 11 102. Compensation and Benefits .................................................................................................. 12 102.1 Wages .............................................................................................................................. 12 102.1.1 Standard Work Schedule and Meal Periods............................................................. 12 102.1.2 Rest Breaks .............................................................................................................. 13 102.1.3 Lactation Breaks, Location, and Accommodation ................................................... 13 102.1.4 Overtime .................................................................................................................. 14 102.1.5 Compensatory Time Off .......................................................................................... 15 102.1.7 Advances .................................................................................................................. 16 102.1.8 Out of Class Pay....................................................................................................... 16 102.1.9 Reporting-Time Pay and Interruption of work ........................................................ 16 102.2 Expense Accounts ........................................................................................................... 17 102.3 Payment of Wages .......................................................................................................... 17 102.4 Timekeeping Requirements ............................................................................................ 18 102.5 Deductions for Exempt Employees ................................................................................ 19 102.6 Benefits ........................................................................................................................... 20 102.6.1 Benefits Overview ................................................................................................... 20 102.6.2 Benefits Eligibility ................................................................................................... 20 102.6.3 Training .................................................................................................................... 21 102.6.4 Tuition Reimbursement ........................................................................................... 22 103. PAID TIME OFF .................................................................................................................. 23 103.1 Sick Leave ....................................................................................................................... 23 103.1.1 Sick Leave Accrual .................................................................................................. 23 103.1.2 Qualifying Reasons for Paid Sick Leave ................................................................. 24 103.1.3 Covered Family Members........................................................................................ 24 103.1.4 Use of Paid Sick Leave ............................................................................................ 25 103.2 Vacation, Holidays, and Administrative Leave .............................................................. 26 103.2.2 Administrative Leave for Exempt Employees ......................................................... 27 103.2.3 Holidays ................................................................................................................... 27 104. Employment Status Changes ................................................................................................ 29 104.1 Disciplinary Action ......................................................................................................... 29 104.1.1 Probationary Employees .......................................................................................... 29 104.1.2 Types of Counseling, Reprimands, and Discipline .................................................. 29 Item 2E195
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104.1.3 Cause for Discipline ................................................................................................. 30 104.1.4 Disciplinary Procedure for Employees Who Have Passed Probation ..................... 32 104.1.5 Discipline Appeal Procedures .................................................................................. 34 104.2 Reductions in Force ........................................................................................................ 35 104.3 Resignation and Retirement ............................................................................................ 36 104.3.1 Job Abandonment as Resignation ............................................................................ 36 104.3.2 retirement ................................................................................................................. 36 105. General Employment Guidelines .......................................................................................... 37 105.1 Workers' Compensation .................................................................................................. 37 105.1.1 City-Provided Medical Treatment ........................................................................... 38 105.1.2 Workers' Compensation and CFRA ......................................................................... 38 105.2 Employment of Relatives, Spouses, Domestic Partners ................................................. 38 105.3 Names and Addresses Policy .......................................................................................... 39 105.4 Open-Door Policy ........................................................................................................... 39 105.5 Harassment, Discrimination and Retaliation Prevention ................................................ 40 105.5.1 Covered Individuals and Scope of Policy ................................................................ 40 105.5.2 Harassment Prevention ............................................................................................ 41 105.5.3 Other Examples of Conduct that Might Constitute Harassment .............................. 42 105.5.4 Non-Discrimination ................................................................................................. 43 105.5.5 Anti-Retaliation........................................................................................................ 43 105.5.6 Complaint Process ................................................................................................... 43 105.5.7 Employee Responsibilities ....................................................................................... 45 105.6 Reasonable Accommodation and Interactive Process .................................................... 46 105.6.1 Reasonable Medical Documentation of Disability .................................................. 47 105.6.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions ............................................................... 47 105.6.3 Certification of Victim Status .................................................................................. 47 105.6.4 Interactive Process ................................................................................................... 48 105.6.5 Interactive Communication ...................................................................................... 49 105.6.6 Potential Accommodations for Applicants or Employees with Disabilities ............ 49 105.6.7 Potential Accommodations for Employees Affected by Pregnancy and Related Conditions ............................................................................................................................. 50 105.6.8 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ............................................................................................................... 50 105.6.9 Potential Accomodations for Religious Creed, Dress Practice, or Grooming Practice ............................................................................................................................................... 51 105.6.10 Determination ........................................................................................................ 51 105.6.11 Fitness for Duty Examinations............................................................................... 52 105.6.12 Role of Health Care Provider in Fitness for Duty Examinations........................... 52 105.6.13 Authorization for Use of Medical Information ...................................................... 53 105.6.14 Access to Medical Information Regarding Fitness for Duty ................................. 53 105.7 Whistleblower Policy ...................................................................................................... 54 105.7.1 Policy ....................................................................................................................... 54 105.7.2 Prohibited Activities ................................................................................................ 54 105.7.3 Definitions................................................................................................................ 55 105.7.4 Whistleblower Complaint Procedures ..................................................................... 57 Item 2E196
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105.7.5 Retaliation Complaint Procedure ............................................................................. 58 105.8 Performance Evaluations ................................................................................................ 58 105.9 Personnel Records ........................................................................................................... 59 105.10 City Property ................................................................................................................. 60 105.10.1 Technology Policy ................................................................................................. 60 105.10.2 Driving Policy ........................................................................................................ 67 105.10.3 Housekeeping ......................................................................................................... 68 105.10.4 Smoking ................................................................................................................. 68 105.11 Employee Conduct ........................................................................................................ 68 105.11.1 Confidential Information ....................................................................................... 68 105.11.2 Conflicts of Interest................................................................................................ 69 105.11.3 Dress Codes and Other Personal Standards ........................................................... 69 105.11.4 Drug and Alcohol Abuse ....................................................................................... 70 105.11.5 News Media Contacts ............................................................................................ 72 105.11.6 Off-Duty Conduct .................................................................................................. 72 105.11.7 Outside employment .............................................................................................. 73 105.11.8 Political Activity .................................................................................................... 74 105.11.9 Punctuality and Attendance ................................................................................... 75 105.11.10 Right to Organize ................................................................................................. 76 105.12 Safety and Health .......................................................................................................... 77 105.12.1 Employees Who Are Required to Drive ................................................................ 77 105.12.2 Ergonomics ............................................................................................................ 78 105.12.3 Health and Safety ................................................................................................... 78 105.12.4 Heat Illness............................................................................................................. 78 105.12.5 Workplace Violence ............................................................................................... 79 106. Leaves of Absence ................................................................................................................ 80 106.1 Family and Medical Leave .............................................................................................. 80 106.1.1 Definitions............................................................................................................. 81 106.1.2 Employees Eligible for Leave .................................................................................. 84 106.1.3 Amount of Leave ..................................................................................................... 85 106.1.4 Minimum Duration of Leave ................................................................................... 85 106.1.5 Reasons For Leave ................................................................................................... 85 106.1.6 Military Family Leave Entitlements ........................................................................ 86 106.1.7 Calculating the 12-Month Period ............................................................................. 86 106.1.8 Leave Procedures ..................................................................................................... 87 106.1.9 Medical Certification ............................................................................................... 87 106.1.10 Leave Related to Military Service ......................................................................... 89 106.1.11 Health and Benefit Plans ........................................................................................ 89 106.1.12 Substitution of Paid Accrued Leave ...................................................................... 90 106.1.13 Reinstatement ......................................................................................................... 90 106.1.14 Time Accrual ......................................................................................................... 91 106.1.15 Carryover ............................................................................................................... 91 106.1.16 Intermittent Leave .................................................................................................. 91 106.2 Leave Because of Pregnancy, Childbirth, Related Medical Condition, or Reproductive Loss ........................................................................................................................................... 91 106.2.1 Pregnancy Disability Leave (PDL) .......................................................................... 91 Item 2E197
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106.2.2 Reinstatement ........................................................................................................... 93 106.2.3 Benefits While on Leave .......................................................................................... 93 106.2.4 Leave for Reproductive Loss ................................................................................... 94 106.3 Jury Duty and Court-Ordered Witness Leave ................................................................. 95 106.4 Military Leave ................................................................................................................. 96 106.5 Bereavement Leave ......................................................................................................... 96 106.6 School Appearances Involving Suspension .................................................................... 96 106.7 Time Off for Voting ........................................................................................................ 97 106.8 Victims of Crime Leave .................................................................................................. 97 106.9 Domestic Violence, Sexual Assault or Stalking Leave .................................................. 98 106.10 Volunteer Civil Service Personnel ................................................................................ 99 106.11 Paid Administrative Leave ............................................................................................ 99 106.12 Leave of Absence Without Pay..................................................................................... 99 107. Confirmation of Harassment Policy.................................................................................... 100 108. Confirmation of Receipt ..................................................................................................... 101 Item 2E198
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100. GENERAL EMPLOYMENT POLICIES
100.1 INTRODUCTION
Welcome! Employees of the City of Colfax (City) are important members of a team effort. We hope that all employees will find their position with the City rewarding, challenging, and productive.
Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. We look to our employees to contribute to the success of the City.
This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees and supervisors. Written employment contracts between the City and some individuals may supersede some of the provisions of this handbook.
This handbook summarizes the policies and practices in effect at the time of publication. This handbook supersedes all previously issued handbooks and any policy or benefit statements that are inconsistent with the policies described here. Employees should direct any questions to their supervisor or manager.
For represented employees: Please refer to the Memorandum of Understanding (“MOU”) to explain any differences that may exist between the policies provided in this handbook and applicable terms and conditions of employment between the City and the employee organization that represents City employees.
100.2 OUR COMMUNITY
The City is located in the Sierra Nevada foothills at 2,400 feet elevation and home to approximately 2,000 citizens. Colfax is a small historical city with ties to the 1849 Gold Rush and the First Transcontinental Railroad. A myriad of recreational activities are at our doorstep: camping, hiking, fishing, mountain biking, gold panning, kayaking & rafting. Colfax is a great place to live and work! Access to Interstate 80 allows easy travel to Sacramento, Lake Tahoe, or Reno. Area roads and trails allow exploration in one of the most diverse natural habitats in California.
The City offers full services to the community. Because the City has a small workforce, each team member’s contribution is essential to the success of City operations.
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100.3 COMMUNITY RELATIONS
The City expects employees to be polite, courteous, prompt, and attentive to every customer. When employees encounter uncomfortable situations that they do not feel capable of handling, they should call their supervisor or the City Manager immediately.
Ours is a service business and all of us must remember that the residents come first. Our residents and business ultimately pay for City services and provide the funds to compensate City employees. Remember, while the customer is not always right, the customer is never wrong.
Employees are to treat residents courteously and give them proper attention at all times. Employees should never regard a resident's question or concern as an interruption or an annoyance. Employees must respond to inquiries received from residents, whether in person or by telephone, promptly and professionally.
Employees should never place a telephone caller on hold for an extended period. Employees should direct incoming calls to the appropriate person and make sure the call is received.
Employees should show, through their conduct, their desire to assist customers in obtaining the help they need. If an employee is unable to help a customer, they must find someone who can help the customer.
Employees must prepare all correspondence and documents, whether to customers or others, neatly and error-free. Attention to accuracy and detail in all paperwork demonstrates employees’ commitment to those with whom the City does business.
Employees must not argue with customers. If a problem develops or if a resident remains dissatisfied, an employee should ask supervisor or the City Manager to intervene. Employees should not make promises to residents which will create an Item 2E200
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obligation, liability or set precedence for expenditures of City funds. It is far better to say, “We will look into it and see what we can do for you” than to obligate limited City funds or personnel time.
100.4 RIGHT TO REVISE
The City reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document from time to time. Substantive changes to this handbook shall be approved by City Council. The City Manager has the authority to approve non-substantive changes to the handbook. Any such changes must be made in writing and must be signed by the City Manager. Where required, the City will comply with any meet and confer responsibilities. The City will distribute any written changes to this handbook to all employees so that employees are aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.
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101. EMPLOYMENT STATUS
101.1.1 FULL-TIME EMPLOYEES
Regular full-time employees are those who are scheduled for 32-40 hours per week. Regular full-time employees generally are eligible for all employee benefits described in this handbook. However, benefit eligibility may depend on length of continuous service. Benefit eligibility requirements may also be imposed by the insurance plans themselves, by a Memorandum of Understanding between the City and an employee organization, or by law.
101.1.2 PART-TIME EMPLOYEES
Regular part-time employees are those who are scheduled for fewer than 32 hours per week. Part-time employees may be eligible for reduced benefits. Part-time employees may have different rights to leave and other benefits under the law or these Policies, depending on the number of hours they work.
101.1.3 TEMPORARY EMPLOYEES
Temporary and seasonal employees are those employed for short-term assignments. Short-term assignments generally are periods of six months or fewer but may be extended. Temporary and seasonal employees are not eligible for employee benefits except those mandated by applicable law.
Temporary and seasonal employees serve at will, at the pleasure of the appointing authority, and have no property right in continued employment. Temporary and seasonal employees are not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
101.1.4 PROBATIONARY EMPLOYEES
The first six months of continuous employment at the City is considered a probationary period. During this time, probationary employees will learn their responsibilities and become acquainted with fellow employees. A probationary employee’s supervisor will closely monitor their performance.
An employee in a probationary period may be released with or without cause. The City may dismiss the employee from their position at any time without the right of appeal, grievance procedure, or hearing.
During the probationary period, the employee’s supervisor will explain the employee’s job responsibilities and the performance standards expected of them. Probationary employees should be aware that their assignment could change during their probationary period while staying within the job description and related tasks. The City will provide written notice to the employee at least 10 days prior to a permanent change of Item 2E202
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assignment. From time to time, probationary employees may be asked to work on special projects, or to assist with other work necessary or important to the operation of the employee’s department. The City expects probationary employees’ cooperation and assistance in performing such work. The City reserves the right to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities. 101.1.5 VOLUNTEERS
Volunteers are not City employees but are instead individuals who provide services to the City for civic or philanthropic reasons and receive no compensation or benefits other than nominal fees and reimbursement of expenses.
Volunteers serve at will and at the pleasure of the appointing authority, have no property rights in continued employment, and are not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
101.1.6 INDEPENDENT CONTRACTORS
Independent contractors are not City employees and serve solely pursuant to their contract entered into by the City pursuant to the City’s purchasing policies and procedures.
101.1.7 FILLING PERMANENT VACANCIES
In the case of represented classifications, when a vacancy occurs in a job assignment, the vacancy and duties of the position will be posted for at least 10 calendar days. Employees holding career status in the classification allocated to that position may request to be assigned to fill the vacancy. The City will provide first consideration to those employees making such requests before considering outside applications for the position. If more than one qualified employee requests to fill the vacancy the assignment shall be based on seniority as long as the senior employee has equal experience and capability and the City determines an equal disruption to the established work schedule. 101.1.8 ELIGIBILITY LIST
An eligibility list is a list of applicants for City employment or promotion who are qualified as a result of an open or promotional examination process. Lists are maintained in accordance with the City’s classification of jobs. An eligibility list will not be maintained for longer than six months unless otherwise determined by the City Manager or designee.
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102. COMPENSATION AND BENEFITS
102.1 WAGES
102.1.1 STANDARD WORK SCHEDULE AND MEAL PERIODS
The standard work schedule consists of five eight-hour days. The City will notify new employees at the time of hire of the days they will work. Work schedules are subject to change with or without notice, according to the needs of the department or City. When possible, the City will provide employees with notice of a schedule change (exemption:
during emergency responses). Note that represented employees require a seven-day advance notice of schedule change. Certain employees may request to adjust their work schedules with City Manager or Department Head approval. If the Department Head approves an adjustment to an employee’s work schedule, the Department Head must notify the City Manager of the schedule change before the schedule change takes effect.
For Public Works employees, the workday begins at 7:00 a.m. and ends at 3:30 p.m. Employees must take an unpaid meal break of 30 minutes each day. Public Works employees should coordinate with their supervisor regarding the time of their 30-minute lunch period.
For office (administrative) employees, the workday begins at 8:00 a.m. and ends at 5:00 p.m. with a one-hour unpaid meal break.
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If an employee works more than 10 hours a day, the employee will be provided a second, unpaid meal period of at least 30 minutes. The employee may voluntarily waive this second meal break with approval from their supervisor. The employee will be permitted a reasonable opportunity to take this meal period while relieved of all duties. The City will retain no control over the employee’s activities during this meal period. During their meal period, employees are free to leave the premises and to come and go as they please. Unless conducting City business outside of the City, such as conducting training or picking up supplies or materials, employees must obtain City Manager approval to use City vehicles during their meal period.
The City expects employees to return to work promptly at the end of any meal period. 102.1.2 REST BREAKS
All non-exempt employees who work eight hours or more per day are provided with two 15-minute paid rest breaks during the workday.
Employees must coordinate with their supervisor regarding when they should take their 15-minute breaks. Employees may not combine rest breaks to shorten their workday or to extend their meal period.
102.1.3 LACTATION BREAKS, LOCATION, AND ACCOMMODATION
The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided for the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid, or the employee may choose to use accrued leave.
Employees desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break, when practicable. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergencies or exigent circumstances.
The City will provide a room or other appropriate location close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
(a) Be shielded from view and free from intrusion while being used to express milk; (b) Be safe, clean, and free of hazardous materials;
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(d) Contain a place to sit; and
(e) Have access to electricity needed to operate an electric or battery-powered breast pump.
An employee occupying such private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed.
All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstances.
The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area.
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee’s workday/shift.
Lactation Accommodation Request
An employee may make a request for lactation accommodation, either orally or in writing, to the Administrative Services Officer or their designee. Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.
An employee who does not believe that the City is providing an appropriate lactation accommodation should immediately inform the Administrative Services Officer or their designee.
An employee who does not believe that the City is providing an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner. 102.1.4 OVERTIME
Authorized time of non-exempt employees worked in excess of forty (40) hours in one (1) week shall constitute Fair Labor Standards Act (“FLSA”) overtime. Only actual hours worked will be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay; paid time off will not be counted for FLSA overtime purposes.
The City keeps overtime to a minimum, consistent with the efficient operation of the City.
Non-exempt employees must obtain written, advance authorization from their Department Head or the City Manager before working overtime. If a Department Head authorizes nonemergency overtime, the Department Head must notify the City Manager immediately.
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Working overtime without prior authorization or approval is grounds for disciplinary action, up to and including termination, for violating the overtime approval procedures.
In emergency situations that necessitate working overtime, an employee must notify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the supervisor denies the request to work overtime, the employee must obey the supervisor’s directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures.
Overtime shall be paid at the rate of one and one-half (1 ½) times the regular rate of pay.
The City will attempt to distribute overtime evenly and accommodate individual schedules. The City provides compensation for all FLSA overtime hours worked by nonexempt employees in accordance with state and federal law as follows:
• For Fair Labor Standards Act (“FLSA”) overtime purposes, the workweek begins on Saturday at 12:01 AM and ends the following Saturday at 12:00 AM, unless otherwise designated by the City.
• Compensation for hours in excess of 40 hours for the workweek, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate of one and one-half times the employee's regular rate of pay. • Compensation for hours in excess of 12 hours in one workday and in excess of eight hours on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay until the employee is released from work for an uninterrupted rest period of eight hours.
• Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees.
The City provides contractual overtime in addition to FLSA overtime. The City defines contractual overtime as hours worked in excess of eight (8) hours, but not more than twelve (12) hours in one day and forty hours in one (1) week. Only actual hours worked will be counted toward the 8-hour threshold for purposes of calculating contractual overtime; paid time off will not be counted for contractual overtime purposes. 102.1.5 COMPENSATORY TIME OFF
A non-exempt employee may opt to accrue Compensatory Time Off (“CTO”) in lieu of cash payment for overtime worked at the rate of time and one-half. Employees on paid status for vacation, CTO or sick time will not have such time count towards the 40-hour calculation. CTO accrual is capped at 80 hours.
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The City will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption to department operations; and (2) the employee makes the request in writing to the supervisor no later than three days prior to the date requested. If the employee does not provide three days’ notice, or if the department cannot accommodate the time off without undue disruption, the City will provide the employee with an opportunity to cash out the amount of CTO requested at the end of the current pay period.
Additionally, each December, employees may elect to cash out CTO accumulated, but not used, in the following calendar year or carry-over such CTO to the following calendar year. Any CTO carried over from one calendar year to the next may only be used to provide the employee with time off from work and may not be cashed out.
CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays).” The City shall compensate employees separating from the City for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three years, whichever is higher. 102.1.6 ON-CALL STATUS (STANDBY)
Wastewater Treatment Plant and Public Works employees will be scheduled for On-Call status outside of their normal work hours and will receive $4.00 for each hour of assigned On-Call time and $4.50 for each hour beginning July 1, 2028. As has been established in the past, expected response time for an On-Call employee is 45 minutes. The City reserves the right to make exceptions to response time required for a call-out. Should an employee be called out, compensation for those hours worked outside of a normal eighthour day or 40 hour week will be in accordance with the overtime and CTO policies. 102.1.7 ADVANCES
The City does not permit advances against paychecks or vacation not yet accrued. 102.1.8 OUT OF CLASS PAY
When an employee is assigned to perform the significant duties of positions at a higher pay classification or supervisory level for more than five consecutive working days, the employee will be paid five percent out-of-class pay. Differential pay will be administered with the approval of the City Manager. Represented employees will be paid 5% out of class pay for the entire pay period in which out of class work is performed. 102.1.9 REPORTING-TIME PAY AND INTERRUPTION OF WORK
The City will pay a minimum of two hours of pay to employees who are required to report to work on a day other than their normally scheduled workday. When an employee is Item 2E208
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called to return to work after completion of their normal scheduled shift, the City will compensate the employee for a minimum of two hours at a rate of time and one half the employee’s normal rate of pay. Any work performed beyond the initial two hours shall also be compensated at time and one half for actual hours worked. For represented employees, please refer to your Memorandum of Understanding under Call Back Pay/Stand By Pay.
The City will endeavor to give employees reasonable advance notice not to report to work, under the following circumstances:
• Interruption of work because of the failure of any or all public utilities. • Interruption of work because of natural causes or other circumstances beyond the City's power to control.
Where the City is unable to provide employees with reasonable advance notice regarding the interruption of work, the City will pay employees who report to work for all hours actually worked.
102.2 EXPENSE ACCOUNTS
Employees who have incurred business expenses must submit required receipts and the Employee Reimbursement Form to Accounts Payable on a monthly basis.
If an employee has any questions about the City's expense reimbursement policy, they should contact the Administrative Services Officer.
Personal and/or vacation travel may be combined with business travel provided it does not result in additional cost to the City, and if the employee obtains written approval from the City Manager in advance.
City credit cards are not to be used for personal expenses. 102.3 PAYMENT OF WAGES
Paychecks are normally available at the City Hall office. If an employee observes an error on their check, they should report it immediately to their supervisor.
All employees of the City are paid every other Tuesday for work performed during the previous two-week pay period. If a regular payday falls on a holiday, employees will be paid the following day (Wednesday).
The City offers automatic payroll deposit. Employees may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit, employees must complete a form (available at City Hall) and return it to payroll at least 10 days before the pay period for which the employee would like the service to begin. Employees should Item 2E209
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carefully monitor payroll deposit statements for the first two pay periods after the service begins.
To stop automatic payroll deposit, employees should complete the form available at City Hall and return it to payroll at least 10 days before the pay period for which they would like the service to end. Employees will receive a regular payroll check on the first pay period after the receipt of the form, provided it is received no later than 10 days before the end of the pay period.
102.4 TIMEKEEPING REQUIREMENTS
The City requires all non-exempt employees to use a Time Sheet to record time worked for payroll purposes. Non-exempt employees must accurately report all time worked on their Time Sheet.
Non-exempt employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties.
No supervisor has authority to request non-exempt employees to volunteer during work time.
Exempt employees are also required to complete Time Sheets to allocate time to projects as necessary and to account for paid leave time.
All employees must accurately report all work time to the nearest five minutes. Employees must record their own time at the start and at the end of each work period.
Employees are not allowed to work off the clock. Working off the clock violates City policy. Any work performed before or after a regularly scheduled shift must be approved in advance by the employee’s supervisor. If an employee performs any off-the-clock work, the employee must immediately report that work to their supervisor. Working off the clock without prior authorization or approval is grounds for disciplinary action, up to and including termination, for violating the overtime approval procedures.
The City requires employees to certify that their time records are accurate. Any handwritten marks or changes on the Time Sheet must be initialized by a supervisor. Employees must report any errors on their Time Sheet to their supervisor immediately.
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102.5 DEDUCTIONS FOR EXEMPT EMPLOYEES
Employees paid on a salary basis receive a predetermined amount of compensation for each pay period. Subject to the exceptions listed below, exempt employees will receive full salary for any workweek in which they perform any work, regardless of the number of days or hours worked. If an exempt employee does not work for an entire workweek and that week is not covered by City benefits programs and policies (for example: vacation, CFRA Leave, and administrative leave has been exhausted) the employee will not be paid.
The City will not make deductions from an employee’s salary for time when work is not available, provided the exempt employee is ready, willing, and able to work. Deductions from pay are permissible when an exempt employee:
• Is absent for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing full compensation for salary lost due to illness and the employee has exhausted their leave under this policy.
• Is absent for one or more full days due to a sickness or disability and the employee is on unpaid leave under the California Family Rights Act (“CFRA”). • Works less than a full week during the initial or final week of employment. • Unpaid disciplinary suspensions for one or more full days imposed in good faith for infractions of safety rules of major significance.
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• Unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions (e.g., violating the City’s policies against harassment and discrimination.)
The City will also make partial day deductions from available accrued vacation or sick leave balances when applicable.
The City prohibits any improper deductions from the salaries of exempt employees. The City wants employees to be aware of this policy and know that the City does not allow deductions that violate federal or state law.
If an employee believes that an improper deduction from their salary has been made, they should immediately report this information to their direct supervisor, or to the Administrative Services Officer or the City Manager. The City will investigate reports of improper deductions promptly. If the investigation determines that an improper deduction has occurred, the City will promptly reimburse the employee for the improper deduction. 102.6 BENEFITS
102.6.1 BENEFITS OVERVIEW
The City offers the following employee benefits:
• Health Insurance
• Dental Insurance
• Optional Flexible Spending Account (“FSA”) plan
• 457(b) Deferred Compensation Plan
• Retirement Plan provided through CalPERS
• Vision Insurance
• Life Insurance of $25,000, paid by the City
102.6.2 BENEFITS ELIGIBILITY
Benefit eligibility depends upon an employee’s classification (full-time versus part-time or represented versus non-represented) and length of continuous employment at the City. Certain benefit plans may also impose their own eligibility requirements.
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Hours/Week Status* Health Retirement Holidays Sick Vacation 40 Regular
Full Time
Yes Yes Yes Yes Yes
32-40 Regular
Full Time
Yes Yes Scheduled
Workday
Pro-rated Pro-rated
20-32 Regular
Part Time
No Yes Scheduled
Workday
Pro-rated Pro-rated
<20 Part Time No No No Mandate No
Temporary No No No Mandate No
Benefit status is subject to CalPERS regulations (see calpers.ca.gov for more details) The City will make Summary Plan Descriptions, which describe these benefits in greater detail, available to employees upon determination of their eligibility. For further information and questions regarding employee benefits, employees should contact the Administrative Services Officer or the City Manager or their designee.
The City reserves the right to modify, amend or terminate benefits and to modify or amend benefit eligibility requirements at any time and for any reason, subject to any legal restrictions and Memorandum of Understanding for represented employees 102.6.3 TRAINING
Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of the City or the individual employee. Attendance at such activities, whether required by the City or requested by individual employee, requires the written approval of the City Manager. To obtain approval, any employee wishing to attend a training activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance.
For attendance at events required or authorized by the City, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, lodging, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with the City Manager in advance.
The City considers attendance at authorized outside activities to be hours worked for nonexempt employees. The City will compensate non-exempt employees for this time in accordance with normal payroll practices.
This policy does not apply to an employee's voluntary attendance, outside of normal working hours, at formal or informal educational sessions, even if such sessions generally may lead to improved job performance. While the City encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless the employee obtains prior written approval.
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102.6.4 TUITION REIMBURSEMENT
The City shall reimburse employees up to $1,500.00 per fiscal year for tuition and book expenses for City-approved college or university level courses. The City only considers courses which relate to the employee’s current position with the City, or which would prepare the employee for advancement within their career at the City as eligible for tuition reimbursement. Reimbursement shall not be made until the employee submits documentation of expenses and successful completion of the course with a grade of B or better. In order to be eligible, an employee must submit a plan by May 1st for the upcoming fiscal year. Late requests may be approved at the discretion of the City Manager.
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103. PAID TIME OFF
103.1 SICK LEAVE
California law provides for mandatory paid sick leave under the Healthy Workplaces; Healthy Families Act and The Kin Care Law. An employee’s use of paid sick leave provided pursuant to Labor Code sections 246 and 233 is Protected Leave. The amount of protected sick leave is one half (1/2) of the employee’s annual accrual of sick leave.
For example, if an employee has accrued 100 hours of sick leave in a calendar year, the employee’s use of 50 of those hours is considered protected leave.
Employees cannot be discriminated against or retaliated against for requesting or using protected paid sick time.
If an employee has any questions about paid sick leave, the employee should contact the Administrative Services Officer or their designee.
103.1.1 SICK LEAVE ACCRUAL
Eligible employees will receive paid sick leave as follows:
Full-time employees who are not seasonal or temporary accrue sick leave at a rate of
3.69 hours/pay period. Accrued sick leave carries over from year to year. No accrual limit applies.
Part-time, seasonal, and temporary employees who work 30 or more days within a year from the commencement of employment with the City accrue one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment, but part-time, seasonal, and temporary employees stop earning sick leave once they have accrued 80 hours or 10 workdays/shifts of such leave, whichever is greater.
Exempt employees are presumed to work 40 hours per workweek for purposes of sick time accrual. If their normal workweek is less than 40 hours, accrual will be based on their normal workweek.
The City does not pay employees for unused paid sick leave. Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.
Employees who are rehired within one year of separation from employment may be eligible for reinstatement of previously accrued and unused paid sick time.
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103.1.2 QUALIFYING REASONS FOR PAID SICK LEAVE
Paid sick time can be used for the following reasons:
• Diagnosis, care or treatment of an existing health condition for an employee or covered family member, as defined below.
• Preventive care for an employee or an employee's covered family member. • For certain, specified purposes when the employee is a victim of domestic violence, sexual assault stalking, or other crime in order for the employee to engage in any of the following activities: (1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child; (2) obtain medical attention or psychological counseling, services from a shelter, program, or crisis center, or (3) participate in safety planning or other actions to increase safety.
103.1.3 COVERED FAMILY MEMBERS
• A child is defined as a biological, foster or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A child also may be someone for whom an employee has accepted the duties and responsibilities of raising, even if he or she is not the employee’s legal child. • A parent defined as a biological, foster or adoptive parent; a stepparent; or a legal guardian of an employee or the employee's spouse or registered domestic partner. A parent may also be someone who accepted the duties and responsibilities of raising the employee when they were a minor child, even if they are not the employee’s legal parent.
• A parent-in-law
• A spouse.
• A registered domestic partner.
• A grandparent.
• A grandchild.
• A sibling.
• A “designated person,” defined as an individual related by blood or whose association with the employee is the equivalent of a family relationship. Employees may designate one “designated person” per 12-month period.
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103.1.4 USE OF PAID SICK LEAVE
If the need for paid sick leave is foreseeable, employees shall provide advance oral or written notification to the Supervisor. If the need for paid sick leave is not foreseeable, employees shall provide notice to the Supervisor as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day, unless otherwise approved or on protected leave, as to the date the employee expects to return to work and the purpose of the leave.
Failure to request sick leave as required by this policy without good reason may result in the employee being treated as absent without leave.
An employee may use sick leave as it is accrued, subject to the limits and request provisions in this policy. Paid sick leave may be used in one-hour increments. If an employee uses sick leave for three consecutive days, the City may require the employee to provide a note from their doctor before returning to work.
The City may require that employees provide a health care provider’s certification to support any absence that involves the illness of the employee or family member if the City suspects that there is a pattern of abuse of sick leave by the employee.
All employees who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter. Any of the following are sufficient to constitute such certification:
(A) A police report indicating that the employee was a victim. (B) A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court.
(C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse. (D) Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.
An employee's use of paid sick time may run concurrently with other leaves under local, state or federal law.
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103.2 VACATION, HOLIDAYS, AND ADMINISTRATIVE LEAVE
103.2.1 Vacation Employees are eligible to accrue:
Years of Service Completed Vacation Days earned annually 0-2 10 days
3-4 12 days
5-9 15 days
10-14 20 days
15-19 22 days
Over 20 25 days
Active service commences with an employee's first day of work and continues thereafter unless broken by an absence without pay, a leave of absence, or termination of employment. Temporary employees do not accrue paid vacation.
Employees may not accrue more than two years’ worth of vacation days. For example, employees who earn 20 vacation days per year may not accrue more than 40 vacation days at any given time. Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. Employees must obtain written approval for vacation days from their supervisor at least five days in advance. The City’s schedule determines permissible vacation periods, and employees may need to adjust their vacation time accordingly. The City Manager has discretion to grant employees who have exceeded the vacation accrual cap, but are denied vacation due to the City’s operational needs, the right to exceed the accrual cap until the City grants their vacation request.
The City will pay an employee whose employment terminates for accrued, unused vacation days at their rate of pay at the time of separation.
Required Use of Vacation Before Unpaid Leave
Employees are required to take accrued and unused vacation and compensatory time before taking unpaid leave or having unpaid absences. Unpaid leave includes leave under the CFRA, unless the absence is pregnancy-related or the employee is receiving wage replacement through a disability benefit plan (regardless of whether the plan is employer-provided or mandatory under state or federal law, such as state disability insurance).
If an employee is absent for a reason that qualifies them for Paid Family Leave (“PFL”) or because of a disability that qualifies them for State Disability Insurance (“SDI”) benefits, the employee should contact the Administrative Services Officer, the City Manager, or their designee to discuss coordination of their benefits.
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103.2.2 ADMINISTRATIVE LEAVE FOR EXEMPT EMPLOYEES
The City’s executive employees are exempt from the overtime provisions of the FLSA. In recognition of work requirements in excess of the normal work schedule exempt employees accrue 80 hours of Administrative Leave during the calendar year. Exempt employees do not earn compensatory time off but may use administrative leave. Up to 40 hours of administrative leave may be carried over from one calendar year to another. At no point in time may an employee accumulate more than 120 hours of administrative leave. Employees will be compensated for any accumulated administrative leave upon separation of employment from the City. Any present or future City employee rehired or reinstated by the City shall receive no credit for prior service in determination of Administrative Leave.
103.2.3 HOLIDAYS
The City observes the following paid holidays:
• January 1
• Martin Luther King Jr.'s Birthday
• One Floating Holiday instead of Lincoln’s Birthday
• Presidents' Day
• Memorial Day
• Juneteenth
• July 4th (Independence Day)
• Labor Day
• Columbus Day / Indigenous Peoples’ Day
• Veterans' Day
• Thanksgiving Day
• The Friday after Thanksgiving
• Christmas Eve
• Christmas Day
• Every day designated by the President or Governor and approved by City Council as a holiday
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When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday respectively. The City Manager has discretion to change the day of an observed City holiday at the request of City employees.
Employees will be given one “floating” holiday during that calendar year. Floating Holidays must be used by December 31 of the calendar year in which it was given.
To be eligible for holiday pay, an employee must be regularly scheduled to work on the day on which the holiday is observed. If a non-exempt employee is required to work on a paid scheduled holiday, the employee will be compensated at one and one-half times their regular rate of pay in addition to holiday pay: two and one-half times their hourly rate.
If one or more holidays falls within a vacation leave that an eligible full-time employee is taking, such holiday shall not be charged as vacation leave.
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104. EMPLOYMENT STATUS CHANGES
104.1 DISCIPLINARY ACTION
The City has the right to suspend, demote, reduce in pay, or dismiss any employee of the City, or take any other disciplinary action deemed appropriate under the circumstances. This provision does not apply to non-disciplinary separation from employment including, but not limited to, layoff. Employees covered by an applicable MOU shall be subject to discipline pursuant to the procedures outlined in the MOU. 104.1.1 PROBATIONARY EMPLOYEES
Probationary employees may be released from probation pursuant to the provisions of this Handbook.
104.1.2 TYPES OF COUNSELING, REPRIMANDS, AND DISCIPLINE The following types of discipline may be imposed on a City employee, in accordance with this provision. Prior discipline may be considered in determining the appropriate level of discipline.
1. Counseling Memo: A counseling memo will be provided to an employee to identify failure of appropriate conduct or performance issue; the performance the employee is to demonstrate in the future; and consequences for failure to correct the behavior or problem. A counseling memo will be retained in the supervisor’s file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo is not subject to the City’s discipline or discipline appeal procedures.
2. Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the City’s discipline or discipline appeal procedures.
3. Written Reprimand: The City will place written reprimands in the employee’s personnel file. The employee shall have the right to attach a written response to the written reprimand if the employee submits their written response to the Administrative Service Officer or their designee within 10 days after receiving the reprimand.
4. Suspension: The City may suspend an employee without pay at any time for cause. The City will impose a suspension for a period not to exceed thirty Item 2E221
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(30) working days in any fiscal year. Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final and documented in the performance evaluation. Employees who are exempt from FLSA overtime will only be suspended under the following circumstances, as authorized by the FLSA: (1) for the entire FLSAdesignated work week; (2) for one or more full days for violation of a written workplace conduct rule (e.g., violation of the harassment, discrimination, and retaliation policy); or (3) for one or more full days for a major safety violation (e.g., relating to the prevention of serious danger in the workplace or to other employees.)
5. Demotion: The City may demote an employee from their position to a lower position for cause. “Cause” includes if the employee’s ability to perform the required duties of their position fall below standard. No employee shall be demoted to a position for which they do not possess the minimum qualifications. Documents related to a demotion shall become part of the employee’s personnel file when the demotion is final and documented in the performance evaluation.
6. Reduction in Salary: The City may reduce the salary level of an employee for cause. Any salary reduction shall be within the minimum and maximum salary range for the position. Documents related to a reduction in pay shall become part of the employee’s personnel file when the reduction in pay is final and documented in the performance evaluation. Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction
7. Discharge: Outside of the Memorandum of Understanding for represented employees, the City may dismiss an employee from their position for cause at any time. Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final.
8. Other Discipline: An employee may also receive an oral or written warning from their supervisor. Oral and written warnings are not subject to the City’s discipline or discipline appeal procedures, but employees may submit a rebuttal.
104.1.3 CAUSE FOR DISCIPLINE
The City expects employees to conduct themselves in a manner to further the City's objectives.
The City will not tolerate the following conduct, and may take disciplinary action, up to and including termination, for any of the following:
1. Unauthorized absence.
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2. Excessive absenteeism or tardiness, or abuse of leave privileges. Absences protected by state or federal law do not count as violations of this policy. Protected paid sick time under California law does not count as a violation of this policy.
3. Engaging in criminal conduct whether or not related to job performance.
4. Disorderly conduct, including provoking a fight or fighting during working hours or on City property. Participating in horseplay or practical jokes on City time or on City premises.
5. Incompetence, inefficiency, careless performance of job responsibilities, or inability to perform job duties satisfactorily.
6. Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management.
7. Dishonesty.
8. Recording the work time of another employee or allowing another employee to record your work time.
9. Falsification of city records, including, but not limited to, Time Sheets.
10.Falsifying employment records and employment information.
11.Theft.
12.Removing or borrowing City property without prior authorization.
13.Unauthorized use or misuse of City equipment, time, materials, or facilities.
14.Intoxication while on duty or on standby.
15.Sleeping or malingering on the job.
16.Neglect of duty.
17.Willful or negligent damage to or destruction of City property or the property of any employee or customer. Misuse or waste of public supplies or equipment.
18.Working overtime without authorization.
19.Failure to maintain a required license or certificate which is a condition of employment.
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20.Discourteous, non-cooperative, or offensive treatment of the public, City elected officials, City employees, or City volunteers.
21.Failure to cooperate in an inquiry or investigation of an alleged violation of City rules.
22.Failure to promptly report work-related injury or illness.
23.Using abusive, threatening or intimidating language at any time on City premises.
24.Mishandling or gift of public funds.
25.Committing a fraudulent act or a breach of trust under any circumstances
26.Improper political activity as defined by state law.
27.Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City.
28.Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity.
29.Violation of any of the provisions of the ordinances of the city, any provision of the employee handbook, or other rules promulgated by the City Manager as administrative orders.
This list of prohibited conduct is not comprehensive and is illustrative only. Other types of conduct that threaten security, personal safety, employee welfare and City operations may also result in disciplinary action, up to and including termination. 104.1.4 DISCIPLINARY PROCEDURE FOR EMPLOYEES WHO HAVE PASSED
PROBATION
The following discipline procedures only apply to the City’s for-cause employees. All employees other than for-cause employees, namely seasonal, temporary, at-will, and probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.
Represented employees should refer to their agreement regarding disciplinary procedures.
1. Notice of Intended Disciplinary Action to Employee: The employee shall be given written notice of the proposed disciplinary action. The notice shall be personally delivered or sent by certified mail, return receipt. Such written notice shall include:
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a. A description of the proposed disciplinary action to be taken. b. A statement of the causes for the disciplinary action. c. A statement of the facts upon which the disciplinary action is based. d. A copy of all documents or materials upon which the disciplinary action is based.
e. Notice of the employee’s right to respond to the Administrative Services Officer or their designee regarding the intended discipline within 10 days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both. f. Notice of the employee’s right to have a representative of their choice at the Skelly conference.
g. Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.
2. Response by Employee: The employee has the right to respond, either orally (at an informal Skelly conference) or in writing (at the option of the employee), to the authority initially imposing discipline within 10 calendar days of receipt of the notice described in item 1. After the employee has provided a response, the authority imposing the discipline will issue a decision whether to uphold, modify, or reject the proposed disciplinary action. The employee’s failure to respond within 10 calendar days shall constitute a waiver of the right to respond.
3. Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee’s written response, the City will either (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the City will provide the employee with a notice containing the following:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based; c. A summary of the facts that show that the elements of each charge at issue in the intended discipline;
d. A copy of all materials upon which the discipline is based; and e. A reference to the employee’s appeal right and deadline to appeal
4. Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of Item 2E225
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the employee or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery. 104.1.5 DISCIPLINE APPEAL PROCEDURES
The following appeal procedures only apply to the City’s for-cause employees. All employees other than for-cause employees, namely seasonal, temporary, at-will, and probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary appeal procedures listed below. The following appeal procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal. Represented employees should refer to their agreement regarding discipline appeal procedures.
a. Request for Appeal Hearing: The employee may request an appeal hearing before the City Manager or an individual designated by the City Manager. The employee must make a written request for hearing to the City Manager within 10 calendar days from receipt of the final notice of discipline; an employee’s failure to make this written request within ten calendar days shall result in a waiver of the employee’s right to appeal, and the discipline will become effective.
b. Date and Time of the Appeal Hearing: The appeal hearing shall be scheduled on a mutually agreeable date, based on the availability of the City Manager (or individual designated by the City Manager as the hearing officer), and the employee and their representative. The appeal hearing officer may continue a scheduled hearing only upon good cause shown.
c. Prehearing Notice of Witnesses and Evidence: No later than 10 days before the hearing date, each party will provide the other and the appeal hearing officer with a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing.
d. Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. The employee may be represented by any person they may select. e. Opening Statements: The City and the employee are both permitted to make opening statements.
f. Evidence: For hearings conducted pursuant to this section, the rules of evidence applicable to court proceedings need not be
followed. However, hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth.
The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions. Irrelevant or unduly repetitious Item 2E226
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evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence. g. Witnesses: All witnesses shall be sworn in prior to testifying. Both the employee and the City shall have the right to call and cross-examine witnesses and present documentary evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing.
h. Professionalism: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the appeal hearing officer.
i. Failure to Appear: Failure of the employee to appear at the hearing shall be deemed a withdrawal of his/her appeal and a waiver of the right to a hearing.
j. Decision: The City Manager or the individual designated by the City Manager as the hearing officer shall issue a written decision regarding the appeal within thirty working days of the conclusion of the hearing. The decision of the City Manager or designated hearing officer shall be final and binding on all parties.
k. Proof of Service: The City will mail a copy of the final written findings and decisions, along with proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of their address. A copy of the decision shall also be provided to the Administrative Services Officer. 104.2 REDUCTIONS IN FORCE
Under some circumstances, the City may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the City will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, the City will inform employees subject to lay off 21 days in advance of the layoff. The City will inform employees of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.
For represented employees, layoffs shall be conducted in accordance with the layoff provisions contained in the applicable Memorandum of Understanding (MOU). The procedures governing layoffs, including seniority, notice, and any applicable exceptions, are established by the MOU and will control in the event of a layoff affecting represented employees.
In determining which employees will be subject to layoff, the City will take into account, among other things, operation and requirements, the skill, productivity, ability, and past Item 2E227
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performance of those involved, and also, when feasible, the employee's length of service.
104.3 RESIGNATION AND RETIREMENT
An employee who wishes to resign from their City employment in good standing must submit written notice of resignation to the Administrative Services Officer, City Manager or their designee at least two weeks prior to the planned separation date. The written notice must state the type for the resignation. Failure to follow the aforementioned procedure may be cause of denying future employment with the City. A resignation becomes final when the Administrative Services Officer or their designee accepts the resignation in writing. Once a resignation has been accepted, it is final and irrevocable.
A resignation can be accepted by the Administrative Services Officer or their designee even if it is submitted less than two weeks prior to the planned resignation date.
All City-owned property, including vehicles, keys, uniforms, identification badges, cell phones, and credit cards must be returned immediately upon termination of employment.
104.3.1 JOB ABANDONMENT AS RESIGNATION
The City deems an employee to have resigned from their position if they are absent for five (5) consecutive scheduled workdays/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Administrative Services Officer, City Manager, or their designee before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. With the exception of Memorandum of Understanding guidelines, no employee separated for job abandonment has the right to a post-separation appeal. 104.3.2 RETIREMENT
An employee planning to retire may provide a written notice to the Administrative Services Officer or their designee prior to the effective date of the retirement. A notice of retirement becomes final when the Administrative Services Officer or their designee accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.
Employees nearing retirement should contact CalPERS directly to confirm eligibility and to obtain information regarding the retirement process.
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105. GENERAL EMPLOYMENT GUIDELINES
105.1 WORKERS' COMPENSATION
The City, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers' compensation benefits provided to injured employees may include:
• Medical care;
• Cash benefits, tax free, to replace lost wages;
• Assistance to help qualified injured employees return to suitable employment.
To ensure that employees receive any workers' compensation benefits to which they may be entitled, an employee will need to:
• Immediately report any work-related injury to their supervisor; • Seek medical treatment and follow-up care if required; • Complete a written Employee's Claim for Workers' Compensation Benefits (DWC Form 1) and return it to the Administrative Services Officer, the City Manager, or their designee;
• Provide the Administrative Services Officer with a certification from the employee’s approved health care provider regarding the need for workers' compensation disability leave, as well as the eventual ability to return to work from the leave.
Upon submission of a medical certification that an employee is able to return to work after a workers' compensation leave, the employee under most circumstances will be reinstated to their same position held at the time the leave began, or to an equivalent position, if available. An employee returning from workers' compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers' compensation leave would have been laid off, had they not gone on leave, or if the employee's position has been eliminated or filled in order to avoid undermining the City's ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement.
An employee's return depends on their qualifications for any existing openings. If, after returning from a workers' compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City's obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act and the Fair Employment and Housing Act.
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The law requires the City to notify the workers' compensation insurance of any concerns of false or fraudulent claims.
105.1.1 CITY-PROVIDED MEDICAL TREATMENT
The City provides medical treatment for work-related injuries through a provider that the City has chosen to provide medical care to injured employees because of their experience in treating work-related injuries.
105.1.2 WORKERS' COMPENSATION AND CFRA
Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under CFRA will be placed on CFRA during the time they are disabled and not released to return to work. The leave under these laws may run concurrently. Unless exceptions apply, eligible employees will be on CFRA for a maximum of 12 weeks in a 12-month period starting from date leave is first taken. 105.2 EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC
PARTNERS
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest, the appearance of conflicts of interest, and to promote safety, security, supervision and morale.
Relatives of employees may be eligible for employment with the City only if individuals involved do not work in a direct supervisory relationship. “Supervisory relationship” means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment.
The City defines "relatives" for this purpose as spouses, registered domestic partners, children, siblings and half-siblings, parents, grandparents, uncles and aunts, nieces and nephews, in-laws of the family members identified here (e.g., daughter-in-law, brother-inlaw, mother-in-law).
Present employees who marry or become registered domestic partners will be permitted to continue working in the position held only if they do not work in a direct supervisory relationship with one another. If two City employees in a supervisory relationship later become spouses or domestic partners, the City Manager has discretion to transfer one of the employees to a similar position outside of the supervisory relationship. Although the wishes of the two employees will be considered, the City Manager retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security or morale. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre-or post-disciplinary appeal due process.
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If continuing employment of both employees, who work in a supervisory relationship and who later become spouses or domestic partners, cannot be accommodated in a manner the City Manager finds to be consistent with the City’s promotion of supervision, safety, security, or morale, then the City Manager will attempt to reassign first if possible but may separate one employee from City employment if no reasonable alternative exists. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre-or post-disciplinary appeal due process. For represented employees, any transfer, separation, or change in compensation resulting from application of this policy remains subject to the grievance procedures contained in the applicable Memorandum of Understanding.
105.3 NAMES AND ADDRESSES POLICY
The City is required by law to keep current all employees' names and addresses. Employees are responsible for notifying the City in the event of a name or address change.
105.4 OPEN-DOOR POLICY
Suggestions for improving the City are always welcome. At some time, an employee may have a complaint, suggestion, or question about their job, their working conditions, or the treatment they are receiving.
If an employee has a complaint, suggestion or question, the employee should speak with their immediate supervisor as soon as possible. If the employee is not comfortable speaking to their immediate supervisor, they should bring the issue to the City Manager or any other member of management.
If the employee has raised the issue with their supervisor or a member of City management and the problem persists, the employee should inform their supervisor or the manager to whom the issue was previously arranged, who may refer the matter to investigation or offer a possible solution or explanation, as may be appropriate.
While a written complaint will assist the City in investigating employee concerns, employees are not required to put a complaint in writing. If an employee needs assistance with a complaint, or prefers to make a complaint in person, the employee may also contact the Administrative Services Officer or their designee.
This procedure, which we believe is important for both employees and the City, may not guarantee that every problem will be resolved to the employee’s satisfaction. The City values employee observations and employees should feel free to raise issues of concern without the fear of retaliation as the City adheres to a strict policy prohibiting retaliation.
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105.5 HARASSMENT, DISCRIMINATION AND RETALIATION
PREVENTION
The City is an equal opportunity employer. The City is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on sex (including pregnancy, childbirth, breastfeeding or related medical conditions), sex, race, religion (including religious dress and grooming practices), color, gender (including gender identity, gender expression and transgender), national origin (including related to language use), ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age (over 40), sexual orientation, military and veteran status or any other basis protected by federal, state or local law or ordinance or regulation. It also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics.
The City has zero tolerance for any conduct that violates this policy. Conduct need not violate either federal or state law in order to constitute a violation of this policy.
A single act by a City employee may constitute a violation of this policy and provide sufficient grounds for the City to discipline the City employee.
This policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment, and retaliation by and against covered individuals. The City encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible.
105.5.1 COVERED INDIVIDUALS AND SCOPE OF POLICY
This policy applies to the following individuals: applicants for employment at the City; any employee of the City, regardless of rank or title, including supervisors, managers; elected or appointed officials of the City; and vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract and other persons with whom employees come into contact while working for the City.
This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
This policy prohibits discrimination, harassment or retaliation for the following reasons:
(1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
This policy also prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.
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Protected activity includes, but is not limited to, the following activity: (1) making a request for accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this policy; (4) opposing violations of this policy; or (5) participating in an investigation under this policy. 105.5.2 HARASSMENT PREVENTION
This policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification. Prohibited harassment, disrespectful or unprofessional conduct includes, but is not limited to, the following behavior:
• Verbal conduct such as epithets, derogatory jokes, offensive speech, or comments, slurs or unwanted advances made on the basis of the individual’s protected classification. This includes, but is not limited to, invitations, comments, stories, posts, messages, and jokes about appearance, dress, physical features, gender identification, and race.
Visual displays such as derogatory, offensive or inappropriate posters, photography, cartoons, drawings or gestures related to a protected classification. • Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
• Threats and demands to submit to sexual requests or sexual advances as a term or condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment. • Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by City policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment, but harassment based on any protected category.
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105.5.3 OTHER EXAMPLES OF CONDUCT THAT MIGHT CONSTITUTE
HARASSMENT
Threats or other conduct which in any way create a hostile environment, impair agency operation; or frighten, alarm, or inhibit others are prohibited. Psychological intimidation or harassment includes making statements which are false, malicious, disparaging, or derogatory, rude, disrespectful, abusive, obnoxious, insubordinate, or which have the intent to hurt others’ reputations.
Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:
(a) Conduct that is not intended as to harass. Conduct may violate this policy if the conduct is directed at or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs). (b) Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
(c) Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated. (d) Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment of a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
(e) Conduct can constitute harassment even if the individual has no intention to harass. Conduct that may be well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive.
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105.5.4 NON-DISCRIMINATION
The City is committed to compliance with all applicable laws providing equal employment opportunities.
This policy prohibits treating a covered individual differently and adversely because of the individual’s actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this policy. 105.5.5 ANTI-RETALIATION
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual’s protected activity as defined in this policy. “Adverse action” may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
105.5.6 COMPLAINT PROCESS
A covered individual who believes that they have been the subject of harassment, discrimination, retaliation or other prohibited conduct, may make a complaint, either orally or in writing, to the individual’s supervisor, any other City supervisor, the City Manager, City Attorney, or the Administrative Services Officer as soon as possible after the incident. If an employee needs assistance with a complaint, or prefers to make a complaint in person, the employee should contact the Administrative Services Officer.
An employee making a complaint should provide all known details of the incident or incidents, names of individuals involved and names of any witnesses. The City prefers written complaints; however, written complaints are not mandatory.
The City encourages all individuals to report any incidents of harassment, discrimination, retaliation or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.
Employees also should be aware that the Federal Equal Employment Opportunity Commission and the California Civil Rights Department investigate and prosecute complaints of prohibited harassment, discrimination and retaliation in employment. If an employee thinks they have been harassed or discriminated against or that they have been retaliated against for resisting, complaining or participating in an investigation, the employee may file a complaint with the appropriate agency. The nearest office can be Item 2E235
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found by visiting the agency websites at https://calcivilrights.ca.gov/ and www.eeoc.gov. Employees may also check the posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.
Supervisors must immediately refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to the City Manager so the City can try to resolve the complaint.
When the City receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and objective investigation of the allegations in accordance with all legal requirements. The Administrative Services Officer or their designee will complete and/or delegate the following steps:
1. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (a) the complainant; (b) the accused (i.e., the subject of the investigation); (c) witnesses to the conduct at issue in the complaint; and (d) other persons who have relevant knowledge concerning the allegations in the complaint.
2. Review the factual information gathered during the investigation to determine whether the alleged conduct violated the policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3. Prepare a summary report of the determination as to whether the conduct violated this policy and provide such report to the appointing authority (City Manager). If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
4. If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
5. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
If the Administrative Services Officer is accused, or a witness to the events at issue, the City Manager or an individual with higher authority will complete and/or delegate the above enumerated steps. If the City Manager is accused, the City Attorney will complete and/or delegate the above enumerated steps.
The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.
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The City will maintain confidentiality to the extent possible. The City cannot promise complete confidentiality in every circumstance because the City’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.
An employee may discuss their interview with a designated representative from the employee’s employee organization and/or the employee’s legal representative. The City will not disclose a completed investigation report except as it deems necessary to support disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
105.5.7 EMPLOYEE RESPONSIBILITIES
(a) Each non-supervisor or non-manager is responsible for the following:
1) Treating all individuals in the workplace or on City worksites with respect and consideration.
2) Modeling behavior that conforms to this policy.
3) Participating in periodic trainings on personnel matters. 4) Cooperating with the City’s investigations pursuant to this policy by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
5) Taking no action to influence the complainant or any potential witness while the City’s investigation is ongoing.
6) Reporting any act, they believe in good faith constitutes harassment, discrimination or retaliation as defined in this policy, to their immediate supervisor or manager, or Administrative Services Officer, or the City Manager.
(b) In addition to the responsibilities listed above, each manager and supervisor are responsible for the following:
1) Informing employees under their supervision of this policy. 2) Taking all steps necessary to prevent harassment, discrimination and Item 2E237
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retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language). 3) Receiving and responding to complaints in a uniformly fair and serious manner
4) Documenting the steps taken to resolve such complaints. 5) Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation. 6) Informing those who complain about harassment and/or discrimination of their option to contact the EEOC or CRD and file a complaint about such activity. 7) Assisting and/or advising employees regarding this policy. 8) Assisting in the investigation of complaints involving subordinate employee(s). 9) Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
10)Implementing appropriate corrective or disciplinary actions. 11)Reporting potential violations of this policy to the Administrative Services Officer or their designee, regardless of whether an employee complained about such conduct.
12) Participating in periodic training and scheduling employees for training. 105.6 REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS
Absent the imposition of undue hardship to the City or its operations or the existence of a direct threat to either the health and safety of employees requesting the accommodation or others, the City will provide employment-related accommodations to the following employees and applicants for employment:
(a) Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
(b) Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she requests, and with the advice of her health care provider; and Item 2E238
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(c) Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
(d) Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement. 105.6.1 REASONABLE MEDICAL DOCUMENTATION OF DISABILITY
If the disability or the need for reasonable accommodation is not obvious, the City may require the individual requesting such accommodation to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the City will do the following: (1) explain the insufficiency of the documentation provided; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue with the documentation provided; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.
105.6.2 MEDICAL CERTIFICATION INDICATING THE NEED FOR A
REASONABLE ACCOMMODATION OR TRANSFER DUE TO PREGNANCY OR
RELATED CONDITIONS
If a pregnant employee, or an employee with a pregnancy-related condition, requests reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains: (1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.
105.6.3 CERTIFICATION OF VICTIM STATUS
An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for their safety while at work must provide both of the following:
(a) A written statement signed by the employee or an individual acting on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
(b) A certification demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report Item 2E239
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indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional, counselor, or victim advocate that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking. 105.6.4 INTERACTIVE PROCESS
The Administrative Services Officer or their designee will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
(b) The City otherwise becomes aware of the need for accommodation through a third party (e.g., a doctor’s note requesting accommodation), or by observation of the employee’s work;
(c) The City becomes aware of the possible need for accommodation because the employee with a disability has exhausted workers’ compensation leave, CFRA leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation;
(d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
(e) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave;
(f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work;
(g) An employee requests reasonable accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or (h) An employer is aware of the need for reasonable accommodation for an employee or applicant’s religious beliefs, observance or practices.
Any job applicant or employee who requires reasonable accommodation in order to perform the essential functions of the job should contact the Administrative Services Officer or their designee and discuss the need for an accommodation.
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105.6.5 INTERACTIVE COMMUNICATION
After the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting, the Administrative Services Officer or their designee will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and their designated representative, (if any). The purpose of the interactive communication will be to discuss in good faith all feasible potential reasonable accommodations. The Administrative Services Officer or their designee will document these communications in writing. 105.6.6 POTENTIAL ACCOMMODATIONS FOR APPLICANTS OR EMPLOYEES
WITH DISABILITIES
Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to, the following:
(a) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including, but not limited to, the following: acquisition or modification of equipment or devices; adjustment or modifications of examinations, training materials or policies; and/or the provision of qualified readers or interpreters;
(b) Job restructuring;
(c) Part-time or modified work schedules;
(d) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
(e) Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system; (f) Reassignment to a vacant lower-paid position if there is no funded, vacant comparable position for which the individual is qualified for; or (g) Reassignment to a temporary position, if the individual agrees.
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105.6.7 POTENTIAL ACCOMMODATIONS FOR EMPLOYEES AFFECTED BY
PREGNANCY AND RELATED CONDITIONS
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether accommodation is reasonable is a case-by-case analysis that takes into account several factors, including, but not limited to the employee’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices. The range of potential accommodations includes, but is not limited to, the following:
(a) Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
(b) Change in or restructuring of work duties, such as modifying lifting requirements; (c) Providing more frequent breaks;
(d) Providing seating;
(e) Time off for medical appointments; and
(f) Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee’s four (4) month pregnancy disability leave entitlement.
105.6.8 POTENTIAL ACCOMMODATIONS FOR EMPLOYEE-VICTIMS OF
DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to, the following:
(a) Transfer, reassignment, modified schedule;
(b) Change in work telephone number;
(c) Change in location of work station;
(d) Installation of locks;
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(e) Assistance in documenting domestic violence, sexual assault, stalking, or a crime that occurs in the workplace;
(f) The implementation of a safety procedure(s);
(g) Adjustment to job structure, workplace facility, or work requirement; and (h) Referral to a victim assistance organization.
105.6.9 POTENTIAL ACCOMODATIONS FOR RELIGIOUS CREED, DRESS
PRACTICE, OR GROOMING PRACTICE
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to, the following:
(a) Job restructuring or job reassignment (but not segregation from other employees or the public);
(b) Modification of work practices, including dress or grooming; (c) Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with their religious observances; and
(d) Allowing alternatives to union membership or payment of union dues. 105.6.10 DETERMINATION
After the interactive process communications, the Administrative Services Officer or their designee will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Administrative Services Officer or their designee will inform the applicant or employee of their determination in writing. The Administrative Services Officer or their designee will use their discretion based upon the particular facts of each case.
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The City will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or coworkers. 105.6.11 FITNESS FOR DUTY EXAMINATIONS
Applicants
After the City extends a conditional offer of employment to an applicant, the City may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that they may submit such second opinions for consideration.
Current Employees
The Administrative Services Officer or their designee may require an employee to submit to a fitness for duty examination in order to determine whether the employee has a disability and is able to perform the essential functions of their job when there is objective evidence of the following:
(a) The employee’s ability to perform one or more essential functions of their job may be impaired; or
(b) An employee’s observable behavior could cause a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties or is still capable of performing those duties in a manner that does not pose a direct threat to the health or safety of themselves or others. 105.6.12 ROLE OF HEALTH CARE PROVIDER IN FITNESS FOR DUTY
EXAMINATIONS
The City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee or may request a City-selected health care provider to do so at the City’s expense. The City will allow an employee paid time off to attend the exam. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with nonconfidential information regarding whether:
(a) The applicant or employee has a disability within the meaning of the FEHA; Item 2E244
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(b) The applicant or employee is fit to perform essential job functions; (c) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations; (d) There are any reasonable accommodations that would enable the employee to perform essential job functions; and
(e) The employee’s continued employment poses a threat to the health and safety of themselves or others.
Should the health care provider exceed the scope of the City’s request and provide confidential health information, without valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.
105.6.13 AUTHORIZATION FOR USE OF MEDICAL INFORMATION
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.
If an employee or applicant submits medical information to the City from their own health care provider, the Administrative Services Officer will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant’s written authorization.
Upon receipt of the written authorization, the Administrative Services Officer or their designee will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment. 105.6.14 ACCESS TO MEDICAL INFORMATION REGARDING FITNESS FOR DUTY
Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information.
Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Administrative Services Officer, the City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to federal and state law.
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105.7 WHISTLEBLOWER POLICY
105.7.1 POLICY
It is critical that the City foster and maintain a workplace with a high ethical standard of conduct in all activities and conduct its business in a fair, effective, efficient, and transparent manner. Further, the City must protect its assets and resources from fraudulent, illegal, and dishonest activities by maintaining effective internal controls, and by identifying and investigating any possibility of fraud or other improper activities. To this end, this Whistleblower Policy (“Policy”) establishes procedures for City employees to report alleged illegal, fraudulent, and/or improper activity by City employees and to assure that such reports do not result in retaliation by the City.
Community members and City employees are encouraged to report good faith suspicions of misconduct by City employees and any misuse of City property or resources. Any City employee who makes such a good faith report is protected against adverse employment actions by the City for raising such allegations and shall not suffer any reprisals or retaliation by the City for making the report, whether or not the allegations are sustained. The whistleblower must exercise sound judgment to avoid baseless allegations. The intentional filing of a false report itself is considered an improper governmental activity which the City has the right to act upon.
The City prohibits all of the following conduct by City employees and officials:
(a) Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; (b) Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; (c) Retaliating against an employee for refusing to participate in any activity that would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; and (d) Retaliating against an employee because the employee’s family member has or is perceived to have engaged in any of the protected activities listed in (a)-(c) above.
105.7.2 PROHIBITED ACTIVITIES
Report information related to prohibited activities, including but not limited to:
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• Violation of any law, regulation, ordinance.
• Conflict of interest.
• Fraud, waste, or misuse of City property, resources, or time. • Abuse of authority.
• Creation of a specific and substantial danger to public health or safety by failing to perform duties required by the City position held.
• Theft, misuse of, or misappropriation of City resources, property, information, assets or funds, or an attempt to do any of the same.
• Intentional falsification of records (including failure to disclose material facts or making of false or misleading entries or statements with the intent to deceive on any City document or other official document, report, or form, including but not limited to, City financial records and environmental regulatory reporting), or the willful and unauthorized destruction and/or mutilation of any City document or other official document, report, or form, including City financial records. • Intentionally submitting false claims for payment or reimbursement. • Knowingly submitting and/or signing a timesheet that contains false information. • Forgery or intentional unauthorized alteration of a City document or other official document, application, report, or form, including but not limited to, City financial documents.
• Improprieties in the handling or reporting of financial transactions for the City. • Authorizing or receiving payment by the City for goods not received or services not performed.
• Computer-related activity involving unauthorized alteration, destruction of data, forgery, or manipulation of data or misappropriation of City-owned software. 105.7.3 DEFINITIONS
“Protected activity” means any of the following activities:
(a) Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates federal or state law or a violation or noncompliance with a local, state, or federal rule or regulation;
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(b) Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity;
(c) Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
(d) Associating with another covered individual who is engaged in any of the protected activities enumerated here;
(e) Making or filing in good faith and with reasonable cause an internal complaint with the City regarding alleged unlawful activity;
(f) Providing informal notice to the City regarding alleged unlawful activity; (g) Calling a governmental agency’s “whistleblower hotline” in good faith; (h) Filing a written complaint under penalty of perjury that the City has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety; and
(i) Refusing to participate in any activity that the employee reasonably believes would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation.
“Adverse action” means, but is not limited to, the following actions:
(a) Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity; (b) Refusing to hire an individual because of actual or potential protected activity; (c) Denying promotion to an individual because of actual or potential protected activity;
(d) Taking any form of disciplinary action because of actual or potential protected activity;
(e) Extending a probationary period because of actual or potential protected activity; (f) Altering work schedules or work assignments because of actual or potential protected activity;
(g) Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
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(h) Spreading rumors about a person because of that person’s actual or perceived protected activity; and
(i) Shunning or unreasonably avoiding a person because of that person’s actual or perceived protected activity.
105.7.4 WHISTLEBLOWER COMPLAINT PROCEDURES
A complaint filed under this policy should be filed as soon as possible after the complaining individual becomes aware of the act or event which is subject of the complaint.