Cudahy City Council
March 7, 2023

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, March 7, 2023 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Daisy Lomelí, Mayor
Jose R. Gonzalez, Vice Mayor
Elizabeth Alcantar, Council Member
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 860 3373 8203
https://us06web.zoom.us/j/86033738203

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Fuentes
Council / Agency Member Alcantar
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Lomelí

3. PLEDGE OF ALLEGIANCE

4. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. Presentation on Monthly Recognition Program
B. City Clerk’s Department Annual Update

6. CLOSED SESSION PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if he or she wishes to address the City Council.

Only speakers that submit a comment card prior to the close of “Closed Session Public Comment” will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council.

During this time, members of the public are permitted to speak for three (3) minutes concerning only items on closed session.)

RECESS TO CLOSED SESSION
At this time, City Council will meet in closed session to go over items of business on the closed session agenda. Closed session discussion will end at 7:30 p.m. At that time, City Council will have the option to continue discussing closed session items after deliberating on all agenda items or continue the discussion to the next regular meeting. Once closed session is complete and the City Council returns from closed session into open session, members of the public may then rejoin the proceedings.

7. CLOSED SESSION

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

A. Closed Session Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation
Title of Employee: City Manager

Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator
City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee: City Manager
B. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter

8. CLOSED SESSION ANNOUNCEMENT

9. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if he or she wishes to address the City Council.

Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

A. Report Regarding the Rent Control Ad Hoc Committee Meeting, Economic Development Ad Hoc Committee Meeting, and Education Ad Hoc Committee Meeting (page 9)

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Adoption by Second Reading of Ordinance No. 732 Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (page 11) Presented by the City Attorney
Recommendation: The City Council is requested to adopt by second reading Ordinance No. 732, Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

B. Consideration to Review and Approve the Draft Minutes of February 21, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 17) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 21, 2023.

15. PUBLIC HEARING - NONE

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

16. BUSINESS SESSION
A. Adoption of a Proposed Resolution Superseding and Repealing Resolution No. 22-78, and adopting separate Personnel Rules and Regulations, Fringe Benefit Plan and Salary Plan (page 29) Presented by the Human Resources Manager
Recommendation: The City Council is requested to approve the proposed Resolution No. 23- 08, repealing the fringe benefits and salary plan, and then approving the proposed three resolutions: Resolutions No. 23-09; Resolutions No. 23-10; Resolutions No. 23-11, which create separate Personnel Rules and Regulations, Fringe Benefit Plan and Salary Plan resolutions.

B. Adoption of a Proposed Resolution No. 23-12, Amending the Standard Order of Business for all City Council Meetings (page 183)
Presented by the City Attorney
Recommendation: The City Council is requested to adopt a proposed Resolution No. 23-12, amending the Standard Order of Business for all City Council meetings.

C. Adoption by First Reading of Ordinance No. 733 Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code (page 199)
Presented by the Community Development Director
Recommendation: The City Council is requested to adopt by first reading Ordinance No. 733, Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.

D. Approval of Professional Services Agreement for Planning Services for the Vacant and Underutilized Lot Inventory (page 205)
Presented by the Management Analyst
Recommendation: City Council is requested to award a Professional Services Agreement (PSA) to Placeworks for Planning Services for the Vacant and Underutilized Lot Inventory in the amount not-to-exceed $231,706.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

E. Approval of Professional Services Agreement between the City of Cudahy and Enso Law for Cannabis Retail Regulation Consulting Services (page 272) Presented by the Community Development Director
Recommendation: The City Council is requested to approve a Professional Services Agreement between the City of Cudahy and Enso Law for Cannabis Retail Regulation Consulting Services.

F. Approval of First Amendment to City Manager Employment Agreement Between the City of Cudahy and Alfonso M. Noyola (page 293)
Presented by the City Attorney
Recommendation: The City Council is requested to approve a First Amendment to the City Manager Employment Agreement with the City of Cudahy (“City”).

G. Adoption by First Reading of Ordinance No. 734 Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (page 313)
Presented by the City Attorney
Recommendation: The City Council is requested to adopt by first reading Ordinance No. 734, Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

H. Education Ad Hoc Committee (page 317)
Presented by the Administrative Services Director
Recommendation: The City Council is requested to:

1. Approve the amendment of the objective focus for the Education Ad Hoc Committee.

2. Recommend Mayor Lomeli and Councilwoman Gonzalez continue on the Education Ad Hoc Committee under the amended focus, or appoint new council members to the committee.

I. Receive and File of a Communications Plan Presentation (page 321) Presented by the Management Analyst

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 7, 2023, at 6:30 P.M.

Recommendation: The City Council is requested to receive and file a Communications Update Presentation.

J. Cudahy Citywide Cleanliness and 2023 Clean-Up Day Events (page 343) Presented by the Public Works Director
Recommendation: The City Council is requested to receive and file the report and provide direction.

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 2nd day of March 2023
Richard Iglesias
City Clerk

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AD HOC COMMITTEE UPDATES
Date: March 7, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Ad Hoc Committee Report Out
ECONOMIC DEVELOPMENT AD HOC COMMITTEE - MAYOR ALCANTAR AND VICE MAYOR J.

GONZALEZ
On February 22, 2023, the Economic Development Ad Hoc Committee met and discussed temporary use permits item that went before the City Council, received an update on payment plan participation, Annual Cannabis Review/Hearing program, update on Prima Development, on the remaining Successor Agency lots, casino project, on entertainment district efforts, on South Gate project, discussion on Street Vendors and Municipal Code requirements.

RENT CONTROL AD HOC COMMITTEE - MAYOR ALCANTAR, VICE MAYOR J. GONZALEZ,

LANDLORD SUSIE DE SANTIAGO, RESIDENTS TEVINA QUINTANA AND IRMA LOPEZ On February 22, 2023, the Rent Control Ad Hoc Committee met and discussed the max rent increase percentage within 12 months and the next meeting date.

EDUCATION AD HOC COMMITTEE – MAYOR LOMELÍ AND COUNCIL MEMBER C. GONZALEZ On February 28, 2023, the Ad Hoc Committee members met and discussed the direction of the Education Ad Hoc Committee, they agreed to bring forward a possible amendment to the purpose of the committee, this is item 16.H on the agenda this evening.

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STAFF REPORT
Date: March 7, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Stephanie Arechiga, City Attorney
Subject: Adoption by Second Reading of Ordinance No. 732 Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to adopt by second reading Ordinance No. 732, Amending Section

2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

BACKGROUND/ANALYSIS
On October 4, 1982, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 294 establishing the City Treasurer position in the City of Cudahy (“City”). The City Council later amended the position on City Treasurer on July 18, 1988 with Ordinance No. 396, and July 13, 1993 with Ordinance No. 474. The Director of Finance in the City is capable of fulfilling the duties of the City Treasurer when no City Treasurer has been appointed.

On February 21, 2023, Ordinance No. 732 was introduced for first reading and approved by the City Council.

CONCLUSION
Staff requests the City Council adopt by first reading Ordinance No. 732, Amending Section

2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Item Number
14A

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Cudahy Municipal Code.

STRATEGIC PLAN CORRELATION
None.

FINANCIAL IMPACT
None.

ATTACHMENTS
A. Proposed Ordinance No. 732

ORDINANCE NO. 732

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA AMENDING SECTION

2.16.020 (DIRECTOR OF FINANCE) OF CHAPTER 2.16
(DIRECTOR OF FINANCE) AND SECTION 2.24.010 (CITY
TREASURER) OF CHAPTER 2.24 (CITY TREASURER) OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

CUDAHY MUNICIPAL CODE
WHEREAS, on October 4, 1982, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 294 establishing the City Treasurer position in the City of Cudahy (“City”); and
WHEREAS, the City Council later amended the position of City Treasurer on July 18, 1988 with Ordinance No. 396, and July 13, 1993 with Ordinance No. 474; and WHEREAS, the Director of Finance in the City is capable of fulfilling the duties of the City Treasurer when no City Treasurer has been appointed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 2.16.020 Director of finance.
1) Duties. For the purpose of the CMC, when no City Treasurer has been appointed, the Finance Director is designated to discharge the duties of the City Treasurer as set forth in CMC Section 2.24.010.

Notwithstanding the above, any application required to be filed with the city or fee required to be paid by the city pursuant to the provisions of this code shall be filed with or paid to the director of finance, unless otherwise by this code provided.
2) Bond. Upon entry to office, the director of finance shall execute a bond to the city in conformity with the bonds of public officers and with the provisions of the Government Code of the state relating thereto and in an amount approved by resolution of the city council.”
Section 3. Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Attachment A Page 13 of 344
Ordinance No. 732

Finance) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 2.16.020 City treasurer.
1) Duties. The city treasurer shall perform such duties as are set forth in the Government Code and in this code and as the city council from time to time shall direct or authorize.
2) Bond. The city treasurer, upon entry to office, shall execute a bond to the city, in conformity with the bonds of public officers and in conformity with the provisions of the Government Code relating thereto, in an amount approved by resolution of the city council.”
Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

Ordinance No. 732

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 7th day of March 2023.
________________________________
Daisy Lomeli
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: March 7, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of February 21, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 21, 2023.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
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William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of February 21, 2023.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. February 21, 2023
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 2/21/2023 Page 1 of 8

MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
February 21, 2023 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Lomeli called the meeting to order at 6:33 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Cynthia Gonzalez
Council / Agency Member Martin Fuentes
Council / Agency Member Elizabeth Alcantar
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Daisy Lomelí
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Administrative Services Director, Brenda Rodriguez, Community Development Director, Juan Arauz, Public Works Director, Aaron Hernandez, Management Analyst, Andres Rangel, and Executive Assistant, Janet Andrade.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Alcantar.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. Proclamation in Honor of Martha Alejandra Fierro
Attachment A Page 19 of 344
City Council/Successor Agency Minutes of 2/21/2023 Page 2 of 8

6. CLOSED SESSION PUBLIC COMMENTS – NONE
At 6:45 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

7. CLOSED SESSION (Continued at end of meeting)
A. Closed Session Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation
Title of Employee: City Manager

Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator
City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee: City Manager
B. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter
At 7:32 p.m., Mayor Lomelí reconvened to open session.

8. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced Closed Session will be continued to the end of the meeting and there is no reportable action at this time.

9. PUBLIC COMMENTS - NONE

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes publicly thanked fellow council members, staff, City Manager, Supervisor Hahn’s office, and Matt Johnson for the recognition they had in honor of his mother, also commented on the old County office as a possible Civic Center would like to further discuss, asked for the city to lead in our region for flying the Pride flag during LGBTQ week.

Council Member C. Gonzalez spoke on cleanliness and different strategies we can do to address how the city looks, commented on the gym at Lugo Park needing infrastructure upgrades, looks forward to working on the LA Unified MOU, future looking for an education commission to oversee the MOU, and shared she will be taking Gemma with SCDC to visit SOLA tech center.

Council Member Alcantar shared her attendance at the LA County City Selection Committee meeting to vote for the next designee and invited the public to participate in the grand reopening in South Gate on March 20th.

City Council/Successor Agency Minutes of 2/21/2023 Page 3 of 8 Mayor Lomelí commented on the funding received by the senior housing project developer, thanked staff for all the programs, echoed the need for cleanliness, mentioned the idea of quarterly clean-ups, and shared more ideas for the LGBTQ in the community feel safe.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER

COMMITTEE MEETINGS
A. Reports regarding Rent Control Ad Hoc Committee and Education Ad Hoc Committee meetings
Administrative Services Director reported on behalf of the Education Ad Hoc Committee and the Community Development Director reported on behalf of the Rent Control Ad Hoc Committee.

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Fuentes motioned to waive full reading of resolutions and ordinances, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

14. CONSENT CALENDAR
A. Approval of the Local Agency Investment Fund (LAIF) for the Month of January 2023 Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of January 2023 in the amount of $11,320,218.61.

B. Adoption of the City Demands and Payroll Including Statement of Investment for the Month of January 2023
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,361,705.72 including the Statement of Investments for the month of January 2023.

C. Informational Item – ARPA Utilization Plan Monthly Report (January 2023)

City Council/Successor Agency Minutes of 2/21/2023 Page 4 of 8 Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of January 2023.

D. Consideration to Review and Approve the Draft Minutes of February 7, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 7, 2023.

Motion: Council Member Alcantar motioned to approve Consent Calendar items, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Consideration to Award a Professional Services Agreement to Global Reach Strategies (GRS) for Cannabis Consulting Services
Presented by the Community Development Director
Recommendation: The City Council is requested to approve the following: 1.Award a professional services agreement to Global Reach Strategies (GRS) for cannabis consulting services and; 2. Adopt Resolution No. 23-06 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $75,000.00 for Cannabis Consulting Services.

Motion: Council Member Fuentes motioned to approve the following: 1. Award a professional services agreement to Global Reach Strategies (GRS) for cannabis consulting services and; 2. Adopt Resolution No. 23-06 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $75,000.00 for Cannabis Consulting Services, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

City Council/Successor Agency Minutes of 2/21/2023 Page 5 of 8 B. Consideration to Adopt Resolution No. 23-07, Establishing Policies and Procedures for the Naming of City Owned Land, Building, and Facilities Presented by the Administrative Services Director
Recommendation: The City Council is requested to adopt Resolution No. 23-07, to establish policies and procedures for the naming of city owned land, building, and facilities.

Motion: Mayor Lomelí motioned to adopt Resolution No. 23-07, to establish policies and procedures for the naming of city owned land, building, and facilities, and adding to section 3(i) “aligned with the elements of the city’s land acknowledgement”, seconded by Council Member Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
C. Teleconference Meetings After Termination of California Emergency Declaration Presented by the City Attorney
Recommendation: The City Council is requested to direct staff to continue teleconference meeting accommodations for public participation following recission of the statewide declaration of emergency resulting from the spread of COVID-19 set to expire on February 28, 2023, and establish a policy that only the first two members of the Council, commission, or standing committee, to notify the City Manager or City Clerk of a teleconference participation request, will be granted teleconference meeting privileges under AB 2449.

Motion: Council Member Fuentes motioned to direct staff to continue teleconference meeting accommodations for public participation following recission of the statewide declaration of emergency resulting from the spread of COVID-19 set to expire on February 28, 2023, and establish a policy that only the first two members of the Council, commission, or standing committee, to notify the City Manager or City Clerk of a teleconference participation request, will be granted teleconference meeting privileges under AB 2449, seconded by Council Member Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
D. Adoption by First Reading of Ordinance No. 732 Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010

City Council/Successor Agency Minutes of 2/21/2023 Page 6 of 8 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code
Presented by the City Attorney
Recommendation: The City Council is requested to adopt by first reading Ordinance No. 732, Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

Motion: Council Member Alcantar motioned to adopt by first reading Ordinance No. 732, Amending Section 2.16.020 (Director of Finance) of Chapter 2.16 (Director of Finance) and Section 2.24.010 (City Treasurer) of Chapter 2.24 (City Treasurer) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
E. Adoption by First Reading of Ordinance No. 733 Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code Presented by the City Attorney
Recommendation: The City Council is requested to adopt by first reading Ordinance No. 733, Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.

Motion: Council Member Alcantar motioned to bring this item to Economic Ad-Hoc Committee for review, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
F. Consideration to Appoint Board Members to the Planning Commission Presented by the City Clerk
Recommendation: The City Council is requested to review applications and appoint commission applicants to the Planning Commission

City Council/Successor Agency Minutes of 2/21/2023 Page 7 of 8 Motion: Council Member Fuentes motioned to approve Vice Mayor Gonzalez appointment, Crystal Markovich and Council Member Gonzalez appointment, Juan Martinez to serve in the Planning Commission, seconded by Council Member Alcantar.

Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

17. COUNCIL DISCUSSION
A. Council Member Gonzalez
i. Discuss the format of the council agenda overall.

Council Member C. Gonzalez motioned to bring a resolution/ordinance amending the order of business, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
B. Council Member Alcantar
i. Discuss vendor registration, fees, and enforcement.

Council Member Alcantar motioned to continue discussion in the Economic Ad-Hoc, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

7. CLOSED SESSION (CONTINUED…)
At 9:36 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

A. Closed Session Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation
Title of Employee: City Manager
Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator
City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee: City Manager

City Council/Successor Agency Minutes of 2/21/2023 Page 8 of 8

8. CLOSED SESSION ANNOUNCEMENT
City Attorney, Stephanie Arechiga reconvened to open session, announced that all members of the Council were present for both part of closed session, direction was given and no further reportable action.

18. ADJOURNMENT
Council Member Fuentes motioned to adjourn the City Council / Agency meeting at 10:33 p.m., seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/07/2023 Page 1 of 2

STAFF REPORT
Date: March 7, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Noel Barajas, Human Resources Manager
Subject: Adoption of a Proposed Resolution Superseding and Repealing Resolution No. 22-78, and adopting separate Personnel Rules and Regulations, Fringe Benefit Plan and Salary Plan.

RECOMMENDATION
The City Council is requested to approve the proposed Resolution No. 23-08, repealing the fringe benefits and salary plan, and then approving the proposed three resolutions:

Resolutions No. 23-09; Resolutions No. 23-10; Resolutions No. 23-11, which create separate Personnel Rules and Regulations, Fringe Benefit Plan and Salary Plan resolutions.

BACKGROUND

1. On June 7, 2022, the City Council approved Resolution No. 22-35 updating the consolidated salary schedule for miscellaneous employees.

2. On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees.

3. On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees.

ANALYSIS
The City Manager has analyzed the organizational structure of the city of Cudahy. The city manager recommends the following changes to help effectively maintain city policy and benefits in separated but well-regulated manner.

Item Number
16A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/07/2023 Page 2 of 2

CONCLUSION
Approval of this change will update personnel rules and create clear separation between employee benefits and personnel rules and regulations. Not updating the current Fringe Benefit Salary Plan will result in outdated personnel policies to remain to be connected with update salary schedules.

STRATEGIC PLAN CORRELATION
No Strategic Plan Correlation

FINANCIAL IMPACT
No Fiscal impact.

ATTACHMENTS
A. Proposed Resolution No. 23-08, superseding and Repealing Resolution No. 22-78 and Authorizing that the Adopted Fringe Benefits and Salary Plan be made it into two separate documents.

B. Proposed Resolution No. 23-09, authorizing the approval of Fringe Benefits Plan.

C. Proposed Resolution No. 23-10, authorizing the approval of Salary Plan.

D. Proposed Resolution No. 23-11, authorizing the approval of Personnel Rules and Regulations.

RESOLUTION NO. 23-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA SUPERSEDING AND
REPEALING RESOLUTION NO. 22-78, AND

AUTHORIZING THE CREATION OF SEPARATING IT

INTO TWO SEPARATE DOCUMENTS
WHEREAS, the salaries and compensation of officers and employees of the City of Cudahy (“City”) shall be fixed and determined by resolution of the City Council in accordance with Municipal Code Section 2.04.070; and
WHEREAS, On June 7, 2022, the City Council approved Resolution No. 22-35 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees; and

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 2. This Resolution shall repeal and replaces Resolution No. 22 - 78 (Exhibit “A”). This Resolution amends the Fringe Benefits and Salary Plan to become two separate documents. Which will be presented in the following Resolutions.

SECTION 3. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.

SECTION 4. This Resolution shall take effect immediately following its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Attachment A Page 31 of 344

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 7th day of March 2023.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-08 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 7th day of March, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

EXHIBIT “A”

FRINGE BENEFITS AND SALARY PLAN

FRINGE BENEFITS AND SALARY PLAN
(Exhibit A to Resolution No. 22-78)
Effective December 20, 2022

CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960

2

3 TABLE OF CONTENTS
PART I – THE FRINGE BENEFIT PLAN................................................................................................................. 6 Section 1. Purpose ...................................................................................................................................... 6 Section 2. Applicability................................................................................................................................ 6 Section 3. Holidays...................................................................................................................................... 7 Section 4. Vacation ..................................................................................................................................... 8 Section 5. Sick Leave ................................................................................................................................... 9 Section 6. Car Allowance........................................................................................................................... 10 Section 7. Reimbursementfor Expenses................................................................................................... 10 Section 8. Health Insurance ....................................................................................................................... 11 Section 9. Health Insurance for Retirees ................................................................................................... 12 Section 10. Life Insurance ......................................................................................................................... 13 Section 11. Disability Insurance................................................................................................................. 14 Section 12. Dental Insurance..................................................................................................................... 15 Section 13. Vision Insurance .................................................................................................................... 16 Section 14. Deferred Compensation (457 or 401a) Plan ............................................................................ 17 Section 15. Retirement Contribution......................................................................................................... 17 Section 16. Severance Allowance............................................................................................................. 18 Section 17. Relocation Allowance .............................................................................................................. 19 Section 18. Uniform Allowance.................................................................................................................. 19 Section 19. Cell Phone Stipend .................................................................................................................. 19 Section 20. Bereavement Leave ................................................................................................................ 20 Section 21. Miscellaneous Leaves of Absence ........................................................................................... 21 Section 22. Education Reimbursement ..................................................................................................... 22 Section 23. Educational Seminars ............................................................................................................... 23 Section 24. The Extension of Benefits to Other Classifications............................................................... 23 Section 25. Hourly Employees................................................................................................................. 24 PART II - THE SALARY PLAN............................................................................................................................ 25 Section 1. Purpose ................................................................................................................................... 26 Section 2. The Classification Plan ............................................................................................................. 26 Section 3. Basic Compensation Plan......................................................................................................... 26 Section 4. Pay Philosophy ........................................................................................................................ 26 Section 5. Plan Maintenance..................................................................................................................... 27

4 Section 6. Eligibility for Salary Advancement........................................................................................... 27 Section 7. Merit Ranges...........................................................................................................................28 Section 8. Compaction Rule ....................................................................................................................29 Section 9. Salaries Above Market Rate – Use of "Y" Rating Method .......................................................29 Section 10. Trainee Positions...................................................................................................................29 Section 11. Salary Differentials/Stipends ................................................................................................30 a. (5%) Salary Differential................................................................................................................ 30 b. (10%) Salary Differential.............................................................................................................. 30 c. Bi-lingual Pay ............................................................................................................................... 30 d. Temporary Upgrade- Acting Capacity.........................................................................................31 e. Temporary Upgrade- Work out of Class.....................................................................................31 Section 12. Overtime................................................................................................................................ 32 Section 13. Compensatory Time Off ......................................................................................................... 32 Section 14. Executive Leave ......................................................................................................................33 Section 15. On-Call (Standby) Pay ..............................................................................................................33 Section 16. Call Back Pay...........................................................................................................................33 Section 17. Additional Approved Increasesin Compensation and Changesto the Salary and Classification Plans........................................................................................................................................................34 Section 18. The Provisions of This Plan Shall Be Operative on the Date of Its Adoption .............................34 ADDENDUM.................................................................................................................................................. 35

1. HOURLY RANGE TABLES........................................................................................................... 36

2. ASSOCIATION RANGE TABLES.................................................................................................. 37

3. MANAGEMENT/CONFIDENTIAL RANGE TABLES......................................................................38

4. SALARY SCHEDULES ................................................................................................................. 39

5 PART I

THE FRINGE BENEFITS
PLAN

6 PART I – THE FRINGE BENEFIT PLAN
Section 1. Purpose
This Exhibit to Resolution No. 22-** is enacted pursuant to Section 2.04.070 of the Cudahy Municipal Code to provide for the fringe benefits of City officers and employees.

The City of Cudahy has established a number of benefit programs for its eligible employees. This Plan does not restate all of the features of these benefit programs. The purpose of this Plan is to identify the coverage amounts, costs and limitations of specific benefits as applied and approved by the City Council for specific employee groups. Additional terms, conditions, and limitations regarding program eligibility and benefit entitlement are included in official plan documents, which, notwithstanding the foregoing, shall control in determining coverage amounts, costs and limitations of specific benefits. Additional administrative guidelines may also be found in the City’s Personnel Rules, and other terms and conditions of employment within the Cudahy Miscellaneous Employees’ Memoranda of Understanding. The Fringe Benefit and Salary Plan shall not change the nature of any employee’s status as an at-will employee.

Section 2. Applicability
This exhibit defines the various benefits provided to City officers and employees. Each category covered herein indicates the specific group and/or classification of employee for which the benefit applies (e.g. Appointed Officials, Management/Confidential Employees, and Miscellaneous Employees).

Hourly employees shall not be entitled to any City benefits except as otherwise provided herein, and defined specifically under Section 23 below.

City employees with employment agreements shall only be entitled to those benefits and salary amounts identified in their individual employment agreements. The Fringe Benefits and Salary Plan identifies benefits and salaries of employees under employment agreements with the City for administrative convenience purposes only, and the Plan shall not supersede any employment agreement provisions or control the benefits and salary provided to employees with employment agreements with the City. To the extent that any benefits described herein conflict with the applicable employment agreement, and as the employment agreements and memorandums of understanding may be amended from time to time, the employment agreement controls.

7 Section 3. Holidays
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer, Directors and City Manager shall be entitled to the same holidays that Management/Confidential employees receive, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same holidays that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)1 Every employee shall be entitled to the following paid holidays each year and such other as may be designated by action of the City Council:

1. New Year’s Day – January 1st

2. Martin Luther King Jr. Day - The third Monday in January

3. President’s Day - The third Monday in February

4. Cesar Chavez Day – March 31st

5. Memorial Day - The last Monday in May

6. Juneteenth Day – June 19th

7. Independence Day - July 4th

8. Labor Day - The first Monday in September

9. Veteran’s Day – November 11th

10. Thanksgiving Day

11. Christmas Eve – December 24th

12. Christmas Day – December 25th

13. One Floating Holidays (Pro-rated for New Employees based on hire date) The observance of holidays, work on a holiday, and other related rules as applied to holiday compensation shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

If the Friday after Thanksgiving or Good Friday fall on a regularly scheduled work day, it shall be considered a designated holiday; alternatively, if the Friday after Thanksgiving or Good Friday fall on the employees day off, it shall not be considered a designated holiday. 1 See Memorandum of Understanding By and Between Cudahy Miscellaneous Employees’ Association and The City of Cudahy, July 1, 2022-June 30, 2025 (hereinafter “CMEA MOU”), pg. 12

8 Section 4. Vacation
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer, and Directors shall be entitled to the same Vacation benefits that Miscellaneous Employees are entitled to, including buy-back provisions unless changed by an amendment to this Resolution by the City Council.

The City Manager shall receive a maximum of eighty (80) hours of vacation leave per year, and may carry over unused leave from year to year, not to exceed a total of 320 hours, at which time accruals shall cease. On December 31st of each year, accumulated and unused vacation leave may be sold back to the City at the regular hourly rate, provided that fifty (50) hours of accrued vacation time remains on the books.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same Vacation benefits that Miscellaneous employee are entitled to including buy-back provisions, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)2 1) Accrual of Vacation Leave
Full-time employees shall accrue paid vacation leave on the following scheduled basis.

Years of Service Hours Per Year Bi-Weekly Accrual Maximum Accrual 0-5 80 3.077 hours 160 hours
6-10 120 4.616 hours 240 hours
11+
2) Vacation Buy Back
160 6.154 hours 320 hours
At the end of each calendar year, provided that fifty (50) hours of accrued vacation time remains on the books, employees may request pay in lieu of time off for accrued and unused vacation time. Upon separation from City employment, all accrued but unused vacation time is eligible to be sold back at full value based on the employee’s rate of pay at the time of separation.
2 See CMEA MOU, pp. 7-8

9 3) Vacation Policy
Vacation Leave shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

Section 5. Sick Leave
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer and City Manager shall be entitled to twelve (12) days of sick leave per year (96) hours and may sell back at full rate of pay accrued but unused sick leave on the same terms and conditions as established for other employees, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same Sick Leave benefits that Miscellaneous employee are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)3 1) Accrual of Sick Leave
Employees shall be granted sick leave with pay at the rate based on the current number of hours the employee is regularly scheduled to work during a workday. For example, employees who are currently scheduled to work 10 hours during the workday will receive ten (10) hours of sick leave with pay for each full month of service. Any sick leave accrued but unused in any year shall be accumulated to a maximum accumulation of 480 hours.

The granting of any leave of absence without pay exceeding fifteen (15) consecutive calendar days shall cause the employees’ normal rate of sick leave accumulation to be extended by the number of calendar days for which such leave of absence has been granted less the first fifteen (15) calendar days of such leave. Observed holidays occurring during sick leave shall not be counted as a day of sick leave. 2) Sick Leave Buy-Back
On July 1 of each year, employees may sell back at 100% value of the maximum 120 hours of sick leave that they have accrued but did not utilize during the previous fiscal year. This is subject to the condition that an employee must leave at least 80 hours of sick 3 See CMEA MOU pp. 9-10.

10 leave on the books prior to being eligible for any sick leave buy back. Sick leave buy-back shall be based on the employee's actual rate of pay on June 30 of the fiscal year in which it was accumulated. Employees who are eligible to sell back unused sick leave retain the option of maintaining all or a portion of their accumulated sick leave on the books. Upon retirement from employment with the city, all accumulated sick leave is eligible to be sold back at 50% value of the maximum of 192 hours of sick leave that they have accrued but did not utilize based on the employee's rate of pay at the time of separation. 3) Sick Leave Policy
The use of Sick Leave shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

Section 6. Car Allowance
The City recognizes that various Appointed Officials and Department Heads may require extensive use of an automobile in the ordinary course of performing duties for the City.

Accordingly, the City Manager will determine which positions, based on duties will receive this compensation not to exceed as added compensation, shall provide an automobile allowance to the following classifications, in the amounts defined below, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.

Section 7. Reimbursement for Expenses
The City will reimburse employees for reasonable and authorized expenses incurred on behalf of the City of Cudahy. All travel and other business expenses must be pre- approved by the department head and the City Manager and must follow the Travel/Training Expense Policy and be reported within one (1) month from the time they are incurred. Every attempt will be made to issue reimbursement for approved expenses within two (2) weeks from the time the expense report forms received by Finance. Failure to report expenses in a timely manner may jeopardize timely reimbursement for expenses or lead to disciplinary action.

Employees shall be reimbursed for the use of their vehicle for City Business at the allowable IRS Standard Mileage Rate for each year. Employees shall be reimbursed upon submittal of a monthly reimbursement form with Department Head approval.

11 Section 8. Health Insurance
a) Appointed Officials (Non-represented)
For the City Treasurer, City Clerk, the City shall contribute towards the coverage in a health insurance program available through the Public Employees’ Retirement System as provided under the Public Employees’ Medical and Hospital Care Act. The City’s maximum contribution shall be consistent with the contribution paid by the City for Management/Confidential employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute towards the coverage in a health insurance program available through the Public Employees’ Retirement System as provided under the Public Employees’ Medical and Hospital Care Act. The City’s maximum contribution shall be 100% of plan cost for City Manager and Dependent’s Coverage.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
For Management/Confidential Employees, the City shall contribute towards the coverage in a health insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)4 The City shall contribute toward the coverage of employees and their dependents in the medical insurance program available through the Public Employee's Retirement System as provided for under the Public Employee's Medical and Hospital Care Act as follows:

Effective upon MOU adoption, the City shall contribute an amount up to 100% of the coverage amount for the Kaiser Permanente plan that corresponds to the employee’s coverage. For an employee with Blue Shield insurance, the City and employee shall equally share the difference between the Blue Shield plan and Kaiser Permanente plan monthly premium amount that corresponds to the employee’s coverage where the Blue Shield plan monthly premium is higher than the Kaiser Permanente monthly premium.
4 See CMEA MOU p. 16-17.

12 Section 9. Health Insurance for Retirees
a) Vesting of Medical Benefits for Appointed Officials (Non-represented) Appointed officials including the City Clerk, City Treasurer, Directors, and City Manager may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules. The City’s maximum contribution shall be that amount that is offered to top management employees, unless changed by an amendment to this Resolution by the City Council. Appointed officials shall vest with life-time benefits for Dental Insurance and Vision Insurance upon the fifth anniversary of continuous service with the City. The City’s maximum contribution shall be that amount that is offered to top management employees, unless changed by an amendment to this Resolution by the City Council. Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Vesting of Medical Benefits for Management/Confidential Employees (Non-represented) Management/Confidential Employees may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules and upon retirement from the City of Cudahy. The City’s maximum contribution shall be that amount that is offered to Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.

Management/Confidential Employees shall vest with life-time benefits for Dental Insurance and Vision Insurance upon the fifth anniversary of continuous service with the City. The City’s maximum contribution shall be that amount that is offered to Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.
c) Vesting of Medical Benefits for Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)
Miscellaneous Employees may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules. The City’s maximum contribution is $1,200.00 of the plan cost.

13 Section 10. Life Insurance
a) Appointed Officials (Non-represented)
The City Clerk and City Treasurer shall receive City paid term life insurance benefits that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.

The City Manager shall receive City paid term life insurance policy in the amount of $1,000,000.00.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same life Insurance benefits that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)5 Effective January 11, 2016, the City will provide a term life insurance policy in the amount of $100,000 per employee. The premium for such insurance shall be paid by the City.
5 See CMEA MOU p. 17.

14 Section 11. Disability Insurance
a) Appointed Officials (Non-represented)
The City Manager, City Clerk, and City Treasurer shall receive a City paid Long Term Disability policy, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same Disability Insurance benefits that miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)6 The City will provide a sixty (60) day Long Term Disability policy. 100% of the premium coverage for such insurance shall be paid by the City.

Upon execution of the MOU, the City will immediately take steps to join the short-term disability insurance plan proposed and outlined by Keenan Associates as described in exhibit “B” of the agreement.
6 See CMEA MOU, p. 17.

15 Section 12. Dental Insurance
a) Appointed Officials (Non-represented)
For the City Clerk and City Treasurer, the City shall contribute towards the coverage in a dental insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Management/Confidential employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute 100% towards the cost of the dental insurance plan as provided by the City for employee and eligible dependents.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
For Management/Confidential Employees, the City shall contribute towards the coverage in a dental insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)7 The City shall offer a dental plan for employees and their dependents. The City will contribute towards the purchase of said dental coverage if the employee elects coverage as follows:

Effective January 11, 2016, the City shall contribute an amount up to the average amount of the dental plans available that corresponds to the employee’s coverage. 7 See CMEA MOU, pp. 17.

16 Section 13. Vision Insurance
a) Appointed Officials (Non-represented)
For the City Treasurer and City Clerk, the City shall contribute towards the coverage in a vision insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Management/Confidential employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute 100% towards the cost of the vision insurance plan as provided by the City for employee and eligible dependents.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
For Management/Confidential Employees, the City shall contribute towards the coverage in a vision insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)8 For Miscellaneous Employees, the City shall offer vision care insurance for employees and their dependents. The City shall contribute towards the coverage in a vision insurance program as provided by the City. Effective January 11, 2016, the City shall contribute 100% of the coverage amount that corresponds to the employee’s coverage. 8 See CMEA MOU, p. 17.

17 Section 14. Deferred Compensation (457 or 401a) Plan a) Appointed Officials (Non-represented)
The City does not make a contribution to said Plan on behalf of employees.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
The City does not make a contribution to said Plan on behalf of employees. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association) The City does not make a contribution to said Plan on behalf of employees.

Section 15. Retirement Contribution
Every full-time employee shall participate in the California Public Employees Retirement System (CalPERS) plan as adopted by the City Council, as well as part-time classes that are not formally excluded via the City’s CalPERS contract. Hourly classes that are excluded via the City’s CalPERS contract shall not be enrolled in the plan. Participation in the retirement plan continues until the employee terminates employment with the City for any reason and shall then cease under the terms of said plan. An employee is vested after five (5) years and may be eligible for benefits from the CalPERS system.
a) First Tier Retirement Formula (“Classic Members”):

Effective July 1, 2008, the City amended the CalPERS contract to provide the benefit knows as 2.7% at 55 retirement formula.
1) Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)9 For unit members covered under the 2.7% at 55 retirement formula, who are defined as “classic members” under the Public Employees Reform Act of 2013 (PEPRA) (i.e. not defined as “new members” under Gov. Code section 7522.04(f):

Effective January 11, 2016 - Classic members shall pay 3% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS. Effective July 1, 2016 – Classic members shall pay an additional 3% for a total of 6% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS.

Effective July 1, 2017 – Classic members shall pay an additional 2% for a total of 8% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS.
9 See CMEA MOU, pp. 17-18.

18 b) Second Tier Retirement Formula (“Classic Members”):

Effective October 16, 2011, the benefit known as 2% @ 60 retirement formula shall apply to employees hired or who become eligible for enrollment in the CalPERS Retirement Plan on or after the effective date of the City’s contract amendment with CalPERS to implement this benefit. For unit members covered under this 2% at 60 retirement formula, who are defined as “classic members” under the PEPRA (i.e. not defined as “new members” under Gov. Code section 7522.04(f)), the City will only contribute the normal employer contribution, and the employee is responsible for paying the entire employee’s contribution rate of 7% of “compensation earnable” as defined in Gov. Code section 20636. c) Third Tier Retirement Formula (“New Members”): Effective January 1, 2013, in accordance with the Public Employees’ Pension Reform Act (PEPRA) and Gov. Code section 7522.30, new employees hired on or after January 1, 2013 shall be enrolled in the benefit known as 2% @ 62 retirement formula. The City will only contribute the normal employer contribution, and the employee is responsible for paying the employee contribution of 50% of the total normal cost, as defined by CalPERS.
d) Employer Paid Member Contributions (EPMC)
Should the City express interest in providing the EPMC benefit for any employee unit, a “me too” clause shall take effect for the Miscellaneous Unit Section 16. Severance Allowance
a) Appointed Officials (Non-represented)
For Appointed Officials, the City shall provide any specified severance allowance in accordance with the agreed upon terms of employment addressed in individual employment contracts.
b) Management/Confidential Employees (Non-represented)
For Management/Confidential employees, the City shall provide any specified severance allowance in accordance with the agreed upon terms of employment addressed in individual employment contracts.

19 Section 17. Relocation Allowance
a) Appointed Officials (Non-represented)
Relocation allowance may be provided within individual employment contracts, subject to approval by the City Council.
b) Management/Confidential Employees (Non-represented)
Relocation allowance may be provided within individual employment contracts, subject to approval by the City Council.

Section 18. Uniform Allowance
a. Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)10 The City shall purchase uniforms for designated employees as budgeted, but not to exceed $600/year.

Section 19. Cell Phone Stipend
a. Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)11 Employees who are not issued cell phones by the City and use their personal cell phones for minimal work-related use are eligible to receive a monthly stipend in the amount of $20. Employees who believe they are eligible to receive the stipend shall make a request to the City Manager for the stipend. The City Manager or designee shall then decide whether the employee is eligible for the stipend.

The City positions that are issued cell phones by the City, and employees holding these positions are not eligible to receive the cell phone stipend. 10 See CMEA MOU, p. 19. 11 See CMEA MOU, p. 20.

20 Section 20. Bereavement Leave
The City shall provide bereavement leave to all full-time Appointed Officials, Management/Confidential Employees, and Miscellaneous employees12.

Regular full-time employees are entitled to up to four (4) working days of leave, with pay, upon the death of an immediate family member, calculated at regular base rate, to arrange and attend the funeral.

The City shall administer the provisions of this benefit as defined in the Personnel Rules and the City of Cudahy Miscellaneous Employees’ Association MOU. Management/Confidential Employees and Appointed Officials shall follow the same provisions and rules as provided to Miscellaneous employees for Bereavement Leave.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
12 See CMEA MOU, p. 10.

21 Section 21. Miscellaneous Leaves of Absence
The City shall provide leaves of absence policies for the following categories:
a) Paid Bone Marrow or Organ Donor Leave
b) Paid Time Off for Jury Duty/Witness Duty
c) Time Off to Vote
d) Family and Medical Leave (FMLA)/California Family Rights Leave (CFRA) e) Pregnancy Disability Leave (PDL)
f) Work Related Disability Leave
g) Medical Disability Leave
h) Industrial Leave
i) Military Duty Leave
j) Military Family Leave
k) Spousal/Registered Domestic Partner Military Leave
l) School Activities and School Visits Leave
m) Victims of Domestic Violence, Sexual Assault and Other Crimes Leave n) Volunteer Civil Service Leave
o) Literacy Assistance Leave
p) Personal Leave/
The City’s personnel rules shall serve as the official policy related to eligibility and benefits for the above stated leaves. It is the intent of the City to comply with all state and federal laws related to leaves, and to the extent that state and federal laws provide a greater benefit, the City shall comply and provide such benefits to eligible employees.

Management/Confidential Employees and Appointed Officials shall follow the same provisions and rules as provided to Miscellaneous employees for under the section Leave of Absence Without Pay.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.

22 Section 22. Education Reimbursement
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer and City Manager shall be entitled to education reimbursement on the same terms and conditions as established for Management/Confidential employees.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
The City shall reimburse Management/Confidential Employees for the cost of books and tuition for courses taken at any State College, State University, Community College or an approved accredited private college or university as approved by the City Manager. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)13 The City will reimburse employees for 50% of the cost of tuition up to a maximum reimbursement equivalent to a part-time Cal State tuition per fiscal year for courses taken at any state college, state university, private university or community college, not to exceed $2,500 per employee per year. Courses must be related to the current job. The City Manager or designee must approve all courses in advance in order for the employee to be eligible for the reimbursement, subject to available funds.

In order for an employee to be reimbursed for a course, proof of successful completion must first be furnished. In graded courses, a letter grade of "C" or better is required. In a "Pass/Fail" grading system, a "Pass is required. In a "Credit/No Credit" grading system, a "Credit" is required for approval.

Courses from a private university or college may also be considered; however, reimbursement for such courses shall not exceed the amount permitted for a similar course at a state college or university.

The educational reimbursement will be provided upon completion of coursework. The employee must remain employed by the City or the employee must repay the cost based on the following scale:
• 100% of the reimbursement if employee leaves within 6 months, • 75% of the reimbursement if employee leaves after 6 months, • 50% of the reimbursement if employee leaves after 12 months, • 25% of the reimbursement if employee leaves after 18 months, • 0% of the reimbursement if employee leaves after two years. 13 CMEA MOU, p. 18.

23 Section 23. Educational Seminars
a. Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)14 Employees wishing to further their education through short-term courses or one-day seminars at City expense may do so but only with written Department Head approval. The City shall administer the terms of this provision as further defined under the Education Seminars section of the Cudahy Miscellaneous Employees’ Association MOU.

Section 24. The Extension of Benefitsto Other Classifications a) AppointedOfficials (Non-represented)
The fringe benefits set forth herein are minimum benefits; to the extent greater benefits are extended to other employees of the City, the City Clerk, City Treasurer and City Manager shall be entitled to such benefits. All provisions of the Cudahy Municipal Code, any Memorandum of Understanding with represented employees of the City, and the City’s Personnel Rules that relate to fringe benefits as those provisions now exist, or hereinafter may be amended, shall apply to the City Clerk, City Treasurer, and City Manager in like manner as they apply to other employees of City.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.
b) Management/Confidential Employees (Non-represented)
All Management/Confidential employees are entitled to and shall enjoy the specific fringe benefits as described and defined within each benefit provision.

Except as otherwise stated within any section of the Fringe Benefits and Salary Plan, all Management/Confidential employees are exempt from the City’s Personnel Rules. All Management/Confidential employees are at-will employees. 14 See CMEA MOU, p. 18-19.

24 Section 25. Hourly Employees
a) Eligibility for Benefits
Hourly employees shall not be entitled to any City benefits except as otherwise provided herein.
b) Paid Sick Leave Accrual
Hourly employees, including temporary, extra help, part-time, and seasonal employees who work 30 or more days within a year from when employment commences, shall be entitled to 24 hours of sick leave per fiscal year, effective July 1, 2015, and employees shall receive subsequent annual sick leave accruals of 24 hours added to their leave bank in January of each calendar year. Sick leave must be used in a minimum of 2 hour increments. Unused sick leave under this program may be carried over to the following year not to exceed an accrual cap of six (6) days/forty-eight (48) hours of sick leave. An employee may use no more than twenty-four (24) hours in any one year. Employees are entitled to request and use accrued paid sick days beginning on the 90th day of employment. The rate of pay shall be at the employee’s regular hourly wage.
c) FICA Alternative Plan
Hourly employees shall be entitled to receive the City’s 3.75% FICA alternative plan contribution in lieu of Social Security and/or participation in CalPERS.

25 PART II

THE SALARY PLAN

26 PARTII - THE SALARYPLAN
Section1. Purpose
This Exhibit to Resolution No. 22-** is enacted pursuant to Section 2.04.070(2) of the Cudahy Municipal Code to provide for the compensation of City officers and employees and to conform to the principle of equal pay for equal work. Notwithstanding the foregoing, the terms of individual employment agreements shall control over the compensation amounts described in this Salary Plan when determining the salary of individual employees under contract with the City.

Section2. TheClassificationPlan
The Classification Plan includes the allocation of class titles to salary ranges for City officers and employees under one Plan in which all positions substantially similar with respect to duties, authority, responsibility and working conditions are included within the same class, and that the same schedules of compensation be made to apply with equity under the working conditions to all positions in the same class.

The Classification Plan further includes the allocation of class titles to salary ranges for those employees which are designated as non-represented Management/Confidential employees who are exempt from the classified service. These exempt classes consist of persons appointed by the City Council, including the City Manager, City Clerk, City Treasurer, and persons appointed by the City Manager, including department heads or designees, that serve in an "at will" capacity subject to the terms and conditions of an employment agreement, and are exempt from the classified service.

Non-classified positions are entitled to no more than the same benefits as provided to classified employees in a similar position and level in the organization. The Classification Plan as of the date of adoption of this Plan is hereby established as set forth in the addendum, referred to as the Salary Schedule, which is attached hereto and incorporated herein by reference. The Classification Plan shall not change the nature of any employee’s status as an at-will employee.

27 Section 3. Basic Compensation Plan
The basic compensation plan for City officers and employees, as of the date of adoption of this Plan is hereby established as set forth in the Addendum, including the following:
1) Hourly Range Table
2) Association Range Table
3) Management/Confidential Range Table
4) Salary Schedule
The Salary Plan shall be referred to as the Salary Schedule which incorporates the allocation of ranges (defined in the range tables) to classifications, which is attached hereto and incorporated herein by reference.

Range tables for the Cudahy Municipal Employees’ Association include steps with approximately

2.5% between steps.

Range tables for Appointed Officials (City Treasurer, and City Manager) have one step (flat rate).

Range tables for Management/Confidential include ten (10) steps with approximately 2.5% between steps.

Range tables for Hourly employees consist of one (1) to three (3) steps with approximately 5% between steps.

Section 4. Pay Philosophy
The City Council establishes a pay philosophy that the base pay of all positions shall be ideally set at the median pay provided by comparable cities of similar size, budget, staff, and geographic area, based on the City’s financial ability to pay.

28 Section 5. Plan Maintenance
Increases to the Range tables and applied to the Salary Schedule are adopted and approved by the City Council via Resolution to amend the Fringe Benefit and Salary Plan.

Such recommended increases are negotiated between the City and the Cudahy Miscellaneous Employees’ Association. The City Council may further take appropriate action to extend such increases to unrepresented Management/Confidential Employees, Appointed Officials including the City Clerk, City Treasurer, and City Manager, and positions appointed by the City Manager.

In addition to negotiated increases, the City may take steps to maintain the Salary Plan by conducting regularly scheduled salary reviews and/or intermittent salary reviews as determined by changes in the labor market, and the need to compete for talent and/or retain current employees.

Section 6. Eligibility for Salary Advancement
a) Management/Confidential Employees (Non-represented)
Management/Confidential employees may receive the same considerations for salary advancement as provided to Miscellaneous Employees, at the City Manager’s discretion. b) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)15 Salary step increases shall be considered on a merit basis only, and at prescribed times as defined in the Personnel Rules and the Cudahy Municipal Employees’ Association MOU.

Any employee receiving a promotion shall receive a salary increase consistent with the Personnel Rules and the Cudahy Municipal Employees’ Association MOU. 15 CMEA MOU, pp. 5-6.

29 Section 7. Merit Ranges
a) Appointed Officials and Management/Confidential Employees (Non-represented) Appointed City Officials including the City Clerk, City Treasurer and City Manager, as well as nonrepresented Management/Confidential employees who serve in an at-will capacity and are exempt from the classified service, may, subject to the terms and conditions set forth below, be eligible to have his/her salary increased to a maximum of fifteen percent beyond the regularly assigned top step of his/her salary range or salary set forth in an existing contract. The City Manager shall have administrative authority to assign, create and maintain the merit range (pay band) to implement the provisions of this Section.

Such increase shall be subject to documentation of the eligible employee’s outstanding performance, based on performance and achievement of previously defined goals. The City Manager shall solely determine placement within the merit range based on the employee’s performance. Notwithstanding the foregoing, with regard to increases for the City Manager and other Officials appointed by the City Council, the City Council shall determine placement within the merit range based on the employee’s performance, subject to the Appointed Official’s employment agreement, if any.

The continuation of increases pursuant to the provisions of this Section shall not be automatic, and failure to sustain “outstanding performance” shall cause the employee’s pay to revert to the regularly assigned step for his/her classification. An employee who fails to sustain “outstanding performance” shall have their compensation reduced to the “regular range”, in accordance with this section, and at the City Manager’s discretion for Management/Confidential classes, and the City Council’s discretion for Appointed Officials. Salary for Appointed Officials/ Management/Confidential employees who have an employment agreement with the City shall not be modified prior to an amendment to his/her employment agreement, unless the agreement permits the increase or decrease to be handled administratively.

The regular salary range shall constitute the regularly defined Steps in the Salary Range (A-J). The “merit range” shall constitute a “pay band” with a minimum rate set one dollar above the maximum of the “regular salary range” and the maximum set at an amount not to exceed fifteen percent beyond the regularly assigned top step of the salary range. The “pay band” shall be added to the Salary Schedule for the assigned non-represented Management/Confidential classifications and Appointed Officials when the increase is recommended by the City Manager or City Council.

In no case shall an employee receive additional merit compensation above the designated “merit range” as defined herein.

Eligibility for additional compensation granted to all employees as part of changes authorized by the City Council shall not be adversely affected by the employee’s status in steps granted beyond the regularly assigned step pursuant to the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned.

30 Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of salary that may be contained in this Fringe Benefits and Salary Plan b) Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association) As provided in the Cudahy Miscellaneous Employees’ Association MOU, employees may be eligible for merit longevity compensation as continuing incentive to career employees upon achieving the “J” step and completing ten continuous years of service. Employees may be eligible for a 5% stipend above their base pay rate , and after twenty (20) years, the stipend shall increase to a total of 7.5% above the base pay rate. Such payment shall be granted with the approval of the city Manager to employees who continue to “Exceed Standards” as evidenced by the performance rating of such employee, which is defined as a comprehensive rating at or above the middle column of the current reporting form, or the equivalent rating on any revised reporting form. Merit Longevity may be removed by the City Manager when the employee’s performance does not merit such additional compensation. The provisions of this section shall be administered in accordance with the specific language in the Cudahy Miscellaneous Employees’ Association MOU.

Section 8. Compaction Rule
The top step of the salary range of any Management/Confidential classification shall be a minimum of two steps (approximately ten percent) above the top step of the closest subordinate classification, with the exception of those Management/Confidential classifications supervising specialized classifications which are highly compensated due to labor market conditions. In the case of highly compensated positions due to labor market conditions, employees may directly supervise a subordinate classification where the maximum salary range exceeds the supervisory class without the two step minimum (approximately ten percent). Subordinate classification shall be defined as any position classification in which there are employees who are supervised by the Management/Confidential employee.

Section 9. Salaries Above Market Rate – Use of "Y" Rating Method The City Manager has the authority to implement a “Y” rating for employees whose range is found to exceed the market rate based on a salary survey. The employee in this case shall receive no increase in salary unless the maximum salary established by this Plan for their classifications exceeds the amount of their "Y" rate.

Section 10. Trainee Positions
The City Manager has the authority to establish a Trainee class for any class in the system. The salary range for Trainee classes shall be established with a salary range starting fifteen percent (15%) below the first step of the regular position and ending five percent (5%) below the first

31 step of the regular position. Employees who successfully complete the training program and meet the criteria for the higher level class, may be reclassified to the higher level class upon approval by the City Manager.

Section 11. Salary Differentials/Stipends
Exceptions shall be made to Sections 2 and 3 of this Plan as follows:
a. (5%) Salary Differential
After investigation and approval by the City Manager, a 5% Salary Differential shall be assigned to persons found to possess as a regular assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant additional compensation, which additional salary shall be limited to the following:

No current provisions
b. (10%) Salary Differential
After investigation and approval by the City Manager, a 10% Salary Differential shall be assigned to persons found to possess as a regular assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant additional compensation, which additional salary shall be limited to the following:

No current provisions
c. Bi-lingual Pay

1. Appointed Officials (Non-represented)
The City Clerk, City Treasurer and City Manager shall be entitled to the same compensation as provided to Management/Confidential employees, which shall be provided as a stipend rather than incorporated into base pay, when the positions have been designated as bi-lingual positions.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits and Salary Plan.

2. Management/Confidential Employees (Non-represented)
Management/Confidential employees shall be entitled to the same compensation as provided to Miscellaneous employees, which shall be provided as a stipend rather than incorporated into base pay, when the positions have been designated as bi-lingual positions.

32 3. Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)16 Approved and certified employees shall be compensated with a bilingual pay stipend in the amount of $75.00 per month for oral translation duties, and $125.00 per month for oral and written translations.

The provisions of this section shall be administered in accordance with the specific language in the Cudahy Miscellaneous Employees’ Association MOU. d. Temporary Upgrade – Acting Capacity

1. Miscellaneous Employees(Cudahy Miscellaneous Employees' Association)17 An employee who has been designated by the City to serve in an acting capacity for thirty (30) consecutive work days or more shall receive Step A of the pay range for the classification in which the employee is performing active duties, or a stipend of 5% above the base pay, whichever is greater. Service in an acting capacity shall not be used as a basis for, or in support of, a request for reclassification. The City Manager or designee may determine that a position filled pursuant to an acting assignment shall be filled based on a competitive process to afford an equal opportunity for internal/external candidates. e. Temporary Upgrade – Work Out of Class

1. Miscellaneous Employees(Cudahy Miscellaneous Employees' Association)18 The City may temporarily assign employees to work out of classification. The selection of employees for an out-of-classification assignment shall be at the discretion of the City Manager or designee. A temporary out-of-class stipend of 5% above the employee’s base pay shall be authorized with advance approval by the Department Head, upon consultation and approval from the City Manager or designee when an employee is designated and scheduled to work in an out- of- class assignment. Paid holidays shall be considered as days actually worked. Other forms of authorized leave such as sick leave, emergency leave and vacation shall not be considered as days actually worked. 16 See CMEA MOU, p. 16. 17 See CMEA MOU, pp. 7. 18 See CMEA MOU, p. 7.

33 Section 12. Overtime
The City’s pay policy is intended to comply with the salary pay requirements of current State and Federal laws, and shall be construed in accordance with these laws and regulations. Further, the City shall administer the pay practices related to overtime consistent with the City’s personnel rules and the Cudahy Miscellaneous Employees’ Association MOU.

Non-exempt employees shall be paid for hours worked in accordance with all legal requirements. Overtime is calculated at one and one-half (1 ½) times the employee’s regular base rate of pay for all time worked over 40 hours in one workweek. Hours paid that are not actually worked, such as holidays, sick days, and vacation hours do not count as hours worked when calculating weekly overtime. a. Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)19

1. For all workweeks in which there is no designated holiday that falls during the workweek or a day in which the employee is sent home due to an unexpected City closure, or by management due to lack of work or an act of God, the employee shall be eligible for overtime pay (time and one half the employee’s regular rate of pay as that term is used in the Fair Labor Standards Act) for time worked over 40 hours per workweek. In a workweek where there is a designated holiday that falls during the workweek or a day in which the employee is sent home due to an unexpected City closure, or by management due to lack of work or an act of God and is thus unable to work their regularly scheduled shift, and the employee has not taken any time off or leave during that same week (e.g. vacation, sick or other personal leave), the employee shall be eligible for overtime pay (time and one half) for time worked beyond the employee’s scheduled shift(s) during that workweek.

2. When an employee is not regularly scheduled to work on Saturdays and Sundays the employee shall receive overtime pay (time and one-half) for all time worked on those days.

When an employee works on a designated City holiday, the employee shall receive overtime pay (double time) for all time worked on the holiday.

Exempt employees are not entitled to receive overtime pay even though they may have to work hours beyond their normal schedule, as work demands require.

Section 13. Compensatory Time Off
a. Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)20 The City’s pay policy is intended to comply with the salary pay requirements of current State and Federal laws, and shall be construed in accordance with these laws and regulations. Further, the City shall administer the pay practices related to Compensatory Time consistent with the City’s personnel rules and the Cudahy Miscellaneous Employees’ Association MOU. 19 CMEA MOU, pp. 13-14 20 CMEA MOU, p. 14-15.

33 Compensatory time is an alternative method of overtime payment to non-exempt employees. In lieu of paying a non-exempt employee for overtime worked, employees may be granted compensatory time off at the overtime rate of one and one half (1 ½) for each hour of overtime worked. Employees shall have the option of receiving overtime pay for any overtime worked. Use of earned compensatory time off must be approved in advance by the Department Head or designee. The maximum accrual limit is 120 hours.

Section 14. Executive Leave
Management/Confidential employees shall be entitled to take three (3) days (30 hours) of executive leave per fiscal year. The three (3) days (30 hours) may not be carried over to the next fiscal year and their use must have the prior permission of the City Manager. This provision shall be administered in accordance with the City’s Personnel Rules and the Cudahy Miscellaneous Employees’ Association MOU.

Section 15. On-Call (Standby) Pay
a. Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)21 An employee who has been instructed by their direct supervisor to stand-by is free to use this time for their own benefit. Employees On-Call (Standby) shall receive two (2) hours of compensatory time for an assigned 24 consecutive hour shift, which will not be counted towards over-time calculations.

The City’s pay policy is intended to comply with the salary pay requirements of current State and Federal laws, and shall be construed in accordance with these laws and regulations. Further, the City shall administer the pay practices related to On-Call (Standby) Pay consistent with the City’s personnel rules and the Cudahy Miscellaneous Employees’ Association MOU.

Section 16. Call Back Pay
a. Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)22 Call back duty occurs when an employee is called back in to work after their regular shift has ended. An employee called back to duty shall be paid a minimum of two (2) hours of compensatory time at a rate equal to time and one-half (1 ½) the regular hourly pay rate, and for actual hours worked at time and one-half the regular hourly pay rate, if hours worked exceeds two (2).
21 CMEA MOU, p. 15.
22 CMEA MOU, p. 15.

34 34
The City’s pay policy is intended to comply with the salary pay requirements of current State and Federal laws, and shall be construed in accordance with these laws and regulations. Further, the City shall administer the pay practices related to Call Back Pay consistent with the City’s personnel rules and the Cudahy Miscellaneous Employees’ Association MOU.

Section 17. Additional Approved Increasesin Compensation and Changesto the Salary and Classification Plans
a. Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)23 All members shall receive:
• A 3% increase to their base rate effective July 1, 2022; • A 2.5% increase to their base rate effective July 1, 2023; and • A 2.5% increase to their base rate effective July 1 2024.

Section 18. The Provisions of This Plan Shall Be Operative on the Date of Its Adoption.

ADDENDUM:

1. HOURLY RANGE TABLES

2. ASSOCIATION RANGE TABLES

3. MANAGEMENT/CONFIDENTIAL RANGE TABLES

4. SALARY SCHEDULES
23 CMEA MOU, p. 5.

HOURLY RANGE TABLES

Compensation Salary Schedule
Effective July 1, 2022
Ranges A B C
H1 $15.45 $16.22 $17.03
H2 $16.22 $17.03 $17.89
H3 $17.04 $17.89 $18.78
H4 $17.88 $18.77 $19.71
H5 $18.78 $19.72 $20.70
H6 $19.71 $20.70 $21.73
H7 $20.70 $21.74 $22.83
H8 $21.74 $22.83 $23.97
H9 $22.82 $23.97 $25.16
H10 $23.97 $25.17 $26.42

Compensation Salary Schedule
Effective January 1, 2023
Ranges A B C
H1 $15.50 $16.28 $17.09
H2 $16.22 $17.03 $17.89
H3 $17.10 $17.96 $18.85
H4 $17.88 $18.77 $19.71
H5 $18.78 $19.72 $20.70
H6 $19.71 $20.70 $21.73
H7 $20.70 $21.74 $22.83
H8 $21.74 $22.83 $23.97
H9 $22.82 $23.97 $25.16
H10 $23.97 $25.17 $26.42

ASSOCIATION RANGE TABLES

Association Compensation Schedule
Effective July 1, 2022
Ranges A B C D E F G H I J
A1 $3,429 $3,515 $3,602 $3,693 $3,785 $3,879 $3,976 $4,076 $4,178 $4,282 A2 $3,594 $3,684 $3,776 $3,870 $3,967 $4,066 $4,168 $4,272 $4,379 $4,488 A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 A4 $3,956 $4,055 $4,157 $4,260 $4,367 $4,476 $4,588 $4,703 $4,820 $4,941 A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929 A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 A18 $7,057 $7,233 $7,414 $7,599 $7,789 $7,984 $8,183 $8,388 $8,598 $8,813 A19 $7,404 $7,589 $7,778 $7,973 $8,172 $8,377 $8,586 $8,801 $9,021 $9,246 A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 A21 $8,153 $8,357 $8,566 $8,780 $9,000 $9,225 $9,456 $9,692 $9,934 $10,183 A22 $8,558 $8,772 $8,992 $9,216 $9,447 $9,683 $9,925 $10,173 $10,427 $10,688 A23 $8,981 $9,205 $9,435 $9,671 $9,913 $10,161 $10,415 $10,675 $10,942 $11,216 A24 $9,427 $9,662 $9,904 $10,151 $10,405 $10,665 $10,932 $11,205 $11,485 $11,772

DIRECTOR / MANAGEMENT /

CONFIDENTIAL RANGE TABLES

Confidential Compensation Schedule
Effective July 1, 2022
Range A B C D E F G H I J
C-1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 C-2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,469 $5,606 $5,746 $5,890 C-3 $5,349 $5,483 $5,620 $5,761 $5,905 $6,052 $6,204 $6,359 $6,518 $6,681 Director/ Manager Compensation Schedule
Effective July 1, 2022
Ranges A B C D E F G H I J
M-1 $5,619 $5,759 $5,903 $6,051 $6,202 $6,357 $6,516 $6,679 $6,846 $7,017 M-2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 M-3 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 $9,364 M-4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 M-5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857

SALARY SCHEDULES

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J Account Clerk PT HOURLY H10 $23.97 $25.17 $26.42
Accounting Technician CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Administrative Analyst CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 Administrative Assistant CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Administrative Clerk PT HOURLY H10 $23.97 $25.17 $26.42 Administrative Intern PT HOURLY H5 $18.78 $19.72 $20.70 Administrative Services Director MGMT MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 Assistant City Engineer CMEA MONTHLY A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 Assistant City Clerk MGMT MONTHLY M2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 Assistant Engineer CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 Assistant Recreation Program Coordinator CMEA MONTHLY A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 Associate Engineer CMEA MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Building Inspector CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 City Council Member ELECTED MONTHLY FLAT RATE $484
City Clerk APPOINTED MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 City Manager APPOINTED MONTHLY FLAT RATE $18,476
City Treasurer APPOINTED MONTHLY FLAT RATE $5,339
Community Development Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857 Community Preservation Officer CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Community Preservation Technician PT HOURLY H8 $21.74 $22.83 $23.97 Deputy City Clerk CONFIDENTIAL MONTHLY C2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,470 $5,606 $5,746 $5,890 Executive Assistant CONFIDENTIAL MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Finance Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Human Resources Manager MGMT MONTHLY M3 $7,498 $7,686 $7,878 $8,075 $8,277 $8,484 $8,696 $8,913 $9,136 $9,364 Human Resources Specialist CONFIDENTIAL MONTHLY C3 $5,350 $5,484 $5,621 $5,761 $5,905 $6,053 $6,204 $6,359 $6,518 $6,681 Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,290 $4,397 $4,507 $4,619 $4,735 $4,853 $4,975 $5,099 Maintenance Aide PT HOURLY H2 $16.22 $17.03 $17.89
Maintenance Leader CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Maintenance Superintendent CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Maintenance Supervisor CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Maintenance Worker CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Management Analyst CONFIDENTIAL MONTHLY M2 $6,346 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $7,732 $7,925 Maintenance Worker Janitorial CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Municipal Enforcement Officer PT HOURLY H6 $19.71 $20.70 $21.73 Office Clerk CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Parking Enforcement Officer CONFIDENTIAL MONTHLY A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 Planning Assistant CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Planning Associate CMEA MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Planning Technician PT HOURLY H7 $20.70 $21.74 $22.83
Public Safety and Services Manager MGMT MONTLY M3 $7,315 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 Public Works Director/Engineer MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Purchasing and Grants Coordinator CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Recreation Aide PT HOURLY H1 $15.45 $16.22 $17.03
Recreation Leader PT HOURLY H3 $17.04 $17.89 $18.78
Recreation Program Coordinator CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Parks and Recreation Program Manager CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Senior Accountant CMEA MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Building Inspector CMEA MONTHLY A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 Senior Community Preservation Officer CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Senior Parking Enforcement Officer CONFIDENTIAL MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Senior Planner MGMT MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Recreation Leader PT HOURLY H4 $17.88 $18.77 $19.71 Supportive Services Coordinator CMEA MONTHLY A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE December 20, 2022

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J Account Clerk PT HOURLY H10 $23.97 $25.17 $26.42
Accounting Technician CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Administrative Analyst CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 Administrative Assistant CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Administrative Clerk PT HOURLY H10 $23.97 $25.17 $26.42 Administrative Intern PT HOURLY H5 $18.78 $19.72 $20.70 Administrative Services Director MGMT MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 Assistant City Engineer CMEA MONTHLY A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 Assistant City Clerk MGMT MONTHLY M2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 Assistant Engineer CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 Assistant Recreation Program Coordinator CMEA MONTHLY A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 Associate Engineer CMEA MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Building Inspector CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 City Council Member ELECTED MONTHLY FLAT RATE $484
City Clerk APPOINTED MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 City Manager APPOINTED MONTHLY FLAT RATE $18,476
City Treasurer APPOINTED MONTHLY FLAT RATE $5,339
Community Development Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857 Community Preservation Officer CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Community Preservation Technician PT HOURLY H8 $21.74 $22.83 $23.97 Deputy City Clerk CONFIDENTIAL MONTHLY C2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,470 $5,606 $5,746 $5,890 Executive Assistant CONFIDENTIAL MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Finance Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Human Resources Manager MGMT MONTHLY M3 $7,498 $7,686 $7,878 $8,075 $8,277 $8,484 $8,696 $8,913 $9,136 $9,364 Human Resources Specialist CONFIDENTIAL MONTHLY C3 $5,350 $5,484 $5,621 $5,761 $5,905 $6,053 $6,204 $6,359 $6,518 $6,681 Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,290 $4,397 $4,507 $4,619 $4,735 $4,853 $4,975 $5,099 Maintenance Aide PT HOURLY H2 $16.22 $17.03 $17.89
Maintenance Leader CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Maintenance Superintendent CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Maintenance Supervisor CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Maintenance Worker CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Management Analyst CONFIDENTIAL MONTHLY M2 $6,346 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $7,732 $7,925 Maintenance Worker Janitorial CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Municipal Enforcement Officer PT HOURLY H6 $19.71 $20.70 $21.73 Office Clerk CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Parking Enforcement Officer CONFIDENTIAL MONTHLY A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 Planning Assistant CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Planning Associate CMEA MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Planning Technician PT HOURLY H7 $20.70 $21.74 $22.83
Public Safety and Services Manager MGMT MONTLY M3 $7,315 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 Public Works Director/Engineer MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Purchasing and Grants Coordinator CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Recreation Aide PT HOURLY H1 $15.50 $16.28 $17.09
Recreation Leader PT HOURLY H3 $17.10 $17.96 $18.85
Recreation Program Coordinator CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Parks and Recreation Program Manager CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Senior Accountant CMEA MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Building Inspector CMEA MONTHLY A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 Senior Community Preservation Officer CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Senior Parking Enforcement Officer CONFIDENTIAL MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Senior Planner MGMT MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Recreation Leader PT HOURLY H4 $17.88 $18.77 $19.71 Supportive Services Coordinator CMEA MONTHLY A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE January 1, 2023

RESOLUTION NO. 23-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA APROVING THE

CREATION OF A SEPARATED FRINGE BENEFIT
PLAN
WHEREAS, the salaries and compensation of officers and employees of the City of Cudahy (“City”) shall be fixed and determined by resolution of the City Council in accordance with Municipal Code Section 2.04.070; and
WHEREAS, On June 7, 2022, the City Council approved Resolution No. 22-35 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees; and

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council hereby approves the creation of a separate documents called Fringe Benefits attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 3. This Resolution and Exhibit “A” shall repeal and replace Resolution No. 22 - 78.

SECTION 4. Notwithstanding the benefits and salary described in the Fringe Benefits for individuals under employment agreements with the City, City employees with employment agreements shall only be entitled to those benefits and salary amounts identified in their individual employment agreements. The Fringe Benefits identifies benefits and salaries of employees under employment agreements with the City for administrative convenience purposes only, and the Plan shall not supersede any employment agreement provisions or control the benefits and salary provided to employees with employment agreements with the City. To the extent that any benefits Attachment B Page 80 of 344

described in the Plan conflict with the applicable employment agreements, and as the employment agreements and memorandums of understanding may be amended from time to time, the employment agreements and memorandums of understanding control.

SECTION 5. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.

SECTION 6. This Resolution shall take effect immediately following its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 7th day of March 2023.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-09 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 7th day of December, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

EXHIBIT “A”

FRINGE BENEFITS PLAN

FRINGE BENEFITS
(Exhibit A to Resolution No. 23-09
Effective March 7, 2023

CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960

2

3 TABLE OF CONTENTS
THE FRINGE BENEFIT PLAN.............................................................................................................................. 6 Section 1. Purpose ...................................................................................................................................... 6 Section 2. Applicability................................................................................................................................ 6 Section 3. Holidays...................................................................................................................................... 7 Section 4. Vacation ..................................................................................................................................... 8 Section 5. Sick Leave ................................................................................................................................... 9 Section 6. Car Allowance........................................................................................................................... 10 Section 7. Reimbursementfor Expenses................................................................................................... 10 Section 8. Health Insurance ....................................................................................................................... 11 Section 9. Health Insurance for Retirees ................................................................................................... 12 Section 10. Life Insurance ......................................................................................................................... 13 Section 11. Disability Insurance................................................................................................................. 14 Section 12. Dental Insurance..................................................................................................................... 15 Section 13. Vision Insurance .................................................................................................................... 16 Section 14. Deferred Compensation (457 or 401a) Plan ............................................................................ 17 Section 15. Retirement Contribution......................................................................................................... 17 Section 16. Severance Allowance............................................................................................................. 18 Section 17. Relocation Allowance .............................................................................................................. 19 Section 18. Uniform Allowance.................................................................................................................. 19 Section 19. Cell Phone Stipend .................................................................................................................. 19 Section 20. Bereavement Leave ................................................................................................................ 19 Section 21. Miscellaneous Leaves of Absence ........................................................................................... 21 Section 22. Education Reimbursement ..................................................................................................... 22 Section 23. Educational Seminars ............................................................................................................... 23 Section 24. The Extension of Benefits to Other Classifications............................................................... 23 Section 25. Hourly Employees................................................................................................................. 24

4 THE FRINGE BENEFITS
PLAN

5 THE FRINGE BENEFIT PLAN
Section 1. Purpose
This Exhibit to Resolution No. 23-** is enacted pursuant to Section 2.04.070 of the Cudahy Municipal Code to provide for the fringe benefits of City officers and employees.

The City of Cudahy has established several benefit programs for its eligible employees. This Plan does not restate all the features of these benefit programs. The purpose of this Plan is to identify the coverage amounts, costs and limitations of specific benefits as applied and approved by the City Council for specific employee groups. Additional terms, conditions, and limitations regarding program eligibility and benefit entitlement are included in official plan documents, which, notwithstanding the foregoing, shall control in determining coverage amounts, costs and limitations of specific benefits. Additional administrative guidelines may also be found in the City’s Personnel Rules, and other terms and conditions of employment within the Cudahy Miscellaneous Employees’ Memoranda of Understanding or other employment agreements.

The Fringe Benefit Plan shall not change the nature of any employee’s status as an at-will employee.

Section 2. Applicability
This exhibit defines the various benefits provided to City officers and employees. Each category covered herein indicates the specific group and/or classification of employee for which the benefit applies (e.g. Appointed Officials, Management/Confidential/Department Head Employees, and Miscellaneous Employees).

Hourly employees shall not be entitled to any City benefits except as otherwise provided herein and defined specifically under Section 23 below.

City employees with employment agreements shall be entitled to the benefits and salary adjustments as other employee groups unless their employment agreements states differently. The Fringe Benefits Plan identifies benefits of employees under employment agreements with the City for administrative convenience purposes only, and the Plan shall not supersede any employment agreement provisions or control the benefits and salary provided to employees with employment agreements with the City. To the extent that any benefits described herein conflict with the applicable employment agreement, and as the employment agreements and memorandums of understanding may be amended from time to time, the employment agreement controls.

6 Section 3. Holidays
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer, Directors, and City Manager shall be entitled to the same holidays that Management/Confidential employees receive, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) Management/Confidential employees shall be entitled to the same holidays that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)1 Every employee shall be entitled to the following paid holidays each year and such other as may be designated by action of the City Council:

1. New Year’s Day – January 1st

2. Martin Luther King Jr. Day - The third Monday in January

3. President’s Day - The third Monday in February

4. Cesar Chavez Day – March 31st

5. Memorial Day - The last Monday in May

6. Juneteenth Day – June 19th

7. Independence Day - July 4th

8. Labor Day - The first Monday in September

9. Veteran’s Day – November 11th

10. Thanksgiving Day

11. Christmas Eve – December 24th

12. Christmas Day – December 25th

13. One Floating Holidays (Pro-rated for New Employees based on hire date) The observance of holidays, work on a holiday, and other related rules as applied to holiday compensation shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

If the Friday after Thanksgiving or Good Friday fall on a regularly scheduled workday, it shall be considered a designated holiday; alternatively, if the Friday after Thanksgiving or Good Friday fall on the employees day off, it shall not be considered a designated holiday. 1 See Memorandum of Understanding by and Between Cudahy Miscellaneous Employees’ Association and The City of Cudahy, July 1, 2022-June 30, 2025 (hereinafter “CMEA MOU”), pg. 12

7 Section 4. Vacation
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer, and City Manager shall be entitled to the same Vacation benefits that Miscellaneous Employees are entitled to, including buy-back provisions unless changed by an amendment to this Resolution by the City Council.

The City Manager shall receive a maximum of eighty (80) hours of vacation leave per year and may carry over unused leave from year to year, not to exceed a total of 320 hours, at which time accruals shall cease. On December 31st of each year, accumulated and unused vacation leave may be sold back to the City at the regular hourly rate, provided that fifty (50) hours of accrued vacation time remains on the books.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) Management/Confidential/Director employees shall be entitled to the same Vacation benefits that Miscellaneous employee are entitled to including buy-back provisions, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)2 1) Accrual of Vacation Leave
Full-time employees shall accrue paid vacation leave on the following scheduled basis.

Years of Service Hours Per Year Bi-Weekly Accrual Maximum Accrual 0-5 80 3.077 hours 160 hours
6-10 120 4.616 hours 240 hours
11+
2) Vacation Buy Back
160 6.154 hours 320 hours
At the end of each calendar year, provided that fifty (50) hours of accrued vacation time remains on the books, employees may request pay in lieu of time off for accrued and unused vacation time. Upon separation from City employment, all accrued but unused vacation time is eligible to be sold back at full value based on the employee’s rate of pay at the time of separation.
2 See CMEA MOU, pp. 7-8

8 3) Vacation Policy
Vacation Leave shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

Section 5. Sick Leave
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer and City Manager shall be entitled to twelve (12) days of sick leave per year (96) hours and may sell back at full rate of pay accrued but unused sick leave on the same terms and conditions as established for other employees, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) Management/Confidential/Director employees shall be entitled to the same Sick Leave benefits that Miscellaneous employee are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)3 1) Accrual of Sick Leave
Employees shall be granted sick leave with pay at the rate based on the current number of hours the employee is regularly scheduled to work during a workday. For example, employees who are currently scheduled to work 10 hours during the workday will receive ten (10) hours of sick leave with pay for each full month of service. Any sick leave accrued but unused in any year shall be accumulated to a maximum accumulation of 480 hours.

The granting of any leave of absence without pay exceeding fifteen (15) consecutive calendar days shall cause the employees’ normal rate of sick leave accumulation to be extended by the number of calendar days for which such leave of absence has been granted less the first fifteen (15) calendar days of such leave. Observed holidays occurring during sick leave shall not be counted as a day of sick leave 2) Sick Leave Buy-Back
On July 1 of each year, employees may sell back at 100% value of the maximum 120 hours of sick leave that they have accrued but did not utilize during the previous fiscal year. This is subject to the condition that an employee must leave at least 80 hours of sick leave on the books prior to being eligible for any sick leave buy 3 See CMEA MOU pp. 9-10.

9 back. Sick leave buy-back shall be based on the employee's actual rate of pay on June 30 of the fiscal year in which it was accumulated. Employees who are eligible to sell back unused sick leave retain the option of maintaining all or a portion of their accumulated sick leave on the books. Upon retirement from employment with the city, all accumulated sick leave is eligible to be sold back at 50% value of the maximum of 192 hours of sick leave that they have accrued but did not utilize based on the employee's rate of pay at the time of separation.
3) Sick Leave Policy
The use of Sick Leave shall be administered consistent with the City’s Personnel Rules and as defined in the Cudahy Miscellaneous Employees’ Association MOU.

Section 6. Car Allowance
The City recognizes that various Appointed Officials, Department Heads and other employees may require extensive use of an automobile in the ordinary course of performing duties for the City. Accordingly, the City Manager will determine which positions, based on duties, will receive this compensation not to exceed as added compensation, shall provide an automobile allowance to the following classifications, in the amounts defined below, unless changed by an amendment to this Resolution by the City Council.

Monthly Amounts
City Manager: $450
Department Head: $350
Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.

Section 7. Reimbursement for Expenses
The City will reimburse employees for reasonable and authorized expenses incurred on behalf of the City of Cudahy. All travel and other related business expenses must be preapproved by the department head and/or the City Manager and must follow the City Travel/Training Expense Policy and be reported within one (1) month of the time they are incurred. Reimbursement for approved expenses will be processed and paid no later than two (2) weeks from the time the expense report forms received by Finance. Failure to report expenses in a timely manner may jeopardize timely reimbursement for expenses or lead to disciplinary action.

Employees shall be reimbursed for the use of their vehicle for City Business at the allowable IRS Standard Mileage Rate for each year. Employees shall be reimbursed upon submittal of a monthly reimbursement form with Department Head prior approval.

10 Section 8. Health Insurance
a) Appointed Officials (Non-represented)
For the City Treasurer and City Clerk the City shall contribute towards the coverage in a health insurance program available through the Public Employees’ Retirement System as provided under the Public Employees’ Medical and Hospital Care Act. The City’s maximum contribution shall be consistent with the contribution paid by the City for represented employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute towards the coverage in a health insurance program available through the Public Employees’ Retirement System as provided under the Public Employees’ Medical and Hospital Care Act. The City’s maximum contribution shall be 100% of the plan cost for City Manager and Dependent’s Coverage.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Director Employees (Non-represented) For Management/Confidential/Director Employees, the City shall contribute towards the coverage in a health insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)4 The City shall contribute toward the coverage of employees and their dependents in the medical insurance program available through the Public Employee's Retirement System as provided for under the Public Employee's Medical and Hospital Care Act as follows:

Effective upon MOU adoption, the City shall contribute an amount up to 100% of the coverage amount for the Kaiser Permanente plan that corresponds to the employee’s coverage. For an employee with Blue Shield insurance, the City and employee shall equally share the difference between the Blue Shield plan and Kaiser Permanente plan monthly premium amount that corresponds to the employee’s coverage where the Blue Shield plan monthly premium is higher than the Kaiser Permanente monthly premium.
4 See CMEA MOU p. 16-17.

11 Section 9. Health Insurance for Retirees
a) Vesting of Medical Benefits for Appointed Officials (Non-represented) Appointed officials including the City Clerk, City Treasurer, Directors, and City Manager may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules. The City’s maximum contribution shall be the amount that is offered to top management employees, unless changed by an amendment to this Resolution by the City Council. Appointed officials shall vest with life-time benefits for Dental Insurance and Vision Insurance upon the fifth anniversary of continuous service with the City. Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan. b) Vesting of Medical Benefits for Management/Confidential/Director Employees Management/Confidential/Director employees may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules and upon retirement from the City of Cudahy. The City’s maximum contribution shall be that amount that is offered to Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.

Management/Confidential/Director Employees shall vest with life-time benefits for Dental Insurance and Vision Insurance upon the fifth anniversary of continuous service with the City. The City’s maximum contribution shall be the amount that is offered to Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council.
c) Vesting of Medical Benefits for Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)
Miscellaneous Employees may be eligible for vesting of medical benefits under the CalPERS Plan for life-time coverage, including spouse and eligible dependents consistent with CalPERS rules. The City’s maximum contribution is $1,200.00 of the plan cost.

12 Section 10. Life Insurance
a) Appointed Officials (Non-represented)
The City Clerk and City Treasurer shall receive City paid term life insurance benefits that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.

The City Manager shall receive City paid term life insurance policy in the amount of $1,000,000.00.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential Employees/Director (Non-represented) Management/Confidential employees shall be entitled to the same life Insurance benefits that Miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council.
c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)5 Effective January 11, 2016, the City will provide a term life insurance policy in the amount of $100,000 per employee. The premium for such insurance shall be paid by the City.
5 See CMEA MOU p. 17.

13 Section 11. Disability Insurance
a) Appointed Officials (Non-represented)
The City Manager, City Clerk, and City Treasurer shall receive a City paid Long Term Disability policy, unless changed by an amendment to this Resolution by the City Council.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) Management/Confidential/Director employees shall be entitled to the same Disability Insurance benefits that miscellaneous employees are entitled to, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)6 The City will provide a sixty (60) day Long Term Disability policy. 100% of the premium coverage for such insurance shall be paid by the City. 6 See CMEA MOU, p. 17.

14 Section 12. Dental Insurance
a) Appointed Officials (Non-represented)
For the City Clerk and City Treasurer, the City shall contribute towards the coverage in a dental insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Management/Confidential/Director employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute 100% towards the cost of the dental insurance plan as provided by the City for employee and eligible dependents.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential Employees/Department Director (Non-represented) For Management/Confidential/Director Employees, the City shall contribute towards the coverage in a dental insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)7 The City shall offer a dental plan for employees and their dependents. The City will contribute towards the purchase of said dental coverage if the employee elects coverage as follows: Effective January 11, 2016, the City shall contribute an amount up to the average amount of the dental plans available that corresponds to the employee’s coverage. 7 See CMEA MOU, pp. 17.

15 Section 13. Vision Insurance
a) Appointed Officials (Non-represented)
For the City Treasurer and City Clerk, the City shall contribute towards the coverage in a vision insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Management/Confidential/Director employees, unless changed by an amendment to this Resolution by the City Council.

For the City Manager, the City shall contribute 100% towards the cost of the vision insurance plan as provided by the City for employee and eligible dependents.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential Employees (Non-represented)
For Management/Confidential Employees, the City shall contribute towards the coverage in a vision insurance program as provided by the City. The City’s maximum contribution shall be consistent with the contribution paid by the City for Miscellaneous employees, unless changed by an amendment to this Resolution by the City Council. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)8 For Miscellaneous Employees, the City shall offer vision care insurance for employees and their dependents. The City shall contribute towards the coverage in a vision insurance program as provided by the City. Effective January 11, 2016, the City shall contribute 100% of the coverage amount that corresponds to the employee’s coverage. 8 See CMEA MOU, p. 17.

16 Section 14. Deferred Compensation (457 or 401a) Plan a) Appointed Officials (Non-represented)
The City does not make a contribution to said Plan on behalf of employees.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) The City does not make a contribution to said Plan on behalf of employees. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association) The City does not make a contribution to said Plan on behalf of employees.

Section 15. Retirement Contribution
Every full-time employee shall participate in the California Public Employees Retirement System (CalPERS) plan as adopted by the City Council, as well as part-time classes that are not formally excluded via the City’s CalPERS contract. Hourly classes that are excluded via the City’s CalPERS contract shall not be enrolled in the plan. Participation in the retirement plan continues until the employee terminates employment with the City for any reason and shall then cease under the terms of said plan. An employee is vested after five (5) years and may be eligible for benefits from the CalPERS system.
a) First Tier Retirement Formula (“Classic Members”):

Effective July 1, 2008, the City amended the CalPERS contract to provide the benefit knows as 2.7% at 55 retirement formula.
1) Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)9 For unit members covered under the 2.7% at 55 retirement formula, who are defined as “classic members” under the Public Employees Reform Act of 2013 (PEPRA) (i.e. not defined as “new members” under Gov. Code section 7522.04(f):

Effective January 11, 2016 - Classic members shall pay 3% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS. Effective July 1, 2016 – Classic members shall pay an additional 3% for a total of 6% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS.

Effective July 1, 2017 – Classic members shall pay an additional 2% for a total of 8% of “compensation earnable” as defined in Gov. Code section 20636, representing the members’ employee’s contribution to CalPERS.
9 See CMEA MOU, pp. 17-18.

17 b) Second Tier Retirement Formula (“Classic Members”):

Effective October 16, 2011, the benefit known as 2% @ 60 retirement formula shall apply to employees hired or who become eligible for enrollment in the CalPERS Retirement Plan on or after the effective date of the City’s contract amendment with CalPERS to implement this benefit. For unit members covered under this 2% at 60 retirement formula, who are defined as “classic members” under the PEPRA (i.e. not defined as “new members” under Gov. Code section 7522.04(f)), the City will only contribute the normal employer contribution, and the employee is responsible for paying the entire employee’s contribution rate of 7% of “compensation earnable” as defined in Gov. Code section 20636. c) Third Tier Retirement Formula (“New Members”): Effective January 1, 2013, in accordance with the Public Employees’ Pension Reform Act (PEPRA) and Gov. Code section 7522.30, new employees hired on or after January 1, 2013 shall be enrolled in the benefit known as 2% @ 62 retirement formula. The City will only contribute the normal employer contribution, and the employee is responsible for paying the employee contribution of 50% of the total normal cost, as defined by CalPERS.
d) Employer Paid Member Contributions (EPMC)
Should the City express interest in providing the EPMC benefit for any employee unit, a “me too” clause shall take effect for the Miscellaneous Unit Section 16. Severance Allowance
a) Appointed Officials (Non-represented)
For Appointed Officials, the City shall provide any specified severance allowance in accordance with the agreed upon terms of employment addressed in individual employment contracts.
b) Management/Confidential Employees/Department Director (Non-represented) For Management/Confidential/Director employees, the City shall provide any specified severance allowance in accordance with the agreed upon terms of employment addressed in individual employment contracts. Absence of an employment agreement the City Manager may negotiate a severance agreement not to exceed 12 weeks of base salary if it’s in the best interest of the City.

18 Section 17. Relocation Allowance
a) Appointed Officials (Non-represented)
Relocation allowance may be provided within individual employment contracts, subject to approval by the City Council.
b) Management/Confidential/Department Director Employees (Non-represented) Relocation allowance may be provided within individual employment contracts, subject to approval by the City Manager.

Section 18. Uniform Allowance
a. Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)10 The City shall purchase uniforms for designated employees as budgeted, but not to exceed $600/year.

Section 19. Cell Phone Stipend
a. Miscellaneous Employees(Cudahy Miscellaneous Employees’ Association)11 Employees who are not issued cell phones by the City and use their personal cell phones for minimal work-related use are eligible to receive a monthly stipend in the amount of $20. Employees who believe they are eligible to receive the stipend shall make a request to the City Manager for the stipend. The City Manager or designee shall then decide whether the employee is eligible for the stipend.

The City positions that are issued cell phones by the City, and employees holding these positions are not eligible to receive the cell phone stipend. 10 See CMEA MOU, p. 19. 11 See CMEA MOU, p. 20.

19 Section 20. Bereavement Leave
The City shall provide bereavement leave to all full-time Appointed Officials, Management/Confidential/Department Director Employees, and Miscellaneous employees12.

Regular full-time employees are entitled to up to four (4) working days of bereavement leave, with pay, upon the death of an immediate family member (spouse, child, step-child, parent, stepparent, parent-in-law, legal guardian, brother, sister, step-brother, step-sister, brother-inlaw, sister-in-law, aunt, uncle, niece, nephew, grandchild, grandparent or any other individual related by blood or marriage living in the same household as a City employee), calculated at regular base rate, to arrange and attend the funeral.

The City shall administer the provisions of this benefit as defined in the Personnel Rules and the City of Cudahy Miscellaneous Employees’ Association MOU. Appointed Officials and Management/Confidential/Department Directors Employees shall follow the same provisions and rules as provided to Miscellaneous employees for Bereavement Leave.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
12 See CMEA MOU, p. 10.

20 Section 21. Miscellaneous Leaves of Absence
The City shall provide leaves of absence policies for the following categories:
a) Paid Bone Marrow or Organ Donor Leave
b) Paid Time Off for Jury Duty/Witness Duty
c) Time Off to Vote
d) Family and Medical Leave (FMLA)/California Family Rights Leave (CFRA) e) Pregnancy Disability Leave (PDL)
f) Work Related Disability Leave
g) Medical Disability Leave
h) Industrial Leave
i) Military Duty Leave
j) Military Family Leave
k) Spousal/Registered Domestic Partner Military Leave
l) School Activities and School Visits Leave
m) Victims of Domestic Violence, Sexual Assault and Other Crimes Leave n) Volunteer Civil Service Leave
o) Literacy Assistance Leave
p) Personal Leave/
The City’s personnel rules shall serve as the official policy related to eligibility and benefits for the above-stated leaves. It is the intent of the City to comply with all state and federal laws related to leaves, and to the extent that state and federal laws provide a greater benefit, the City shall comply and provide such benefits to eligible employees.

Appointed Officials and Management/Confidential/Department Director Employees shall follow the same provisions and rules as provided to Miscellaneous employees under the section Leave of Absence Without Pay.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.

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Section 22. Education Reimbursement
a) Appointed Officials (Non-represented)
The City Clerk, City Treasurer and City Manager shall be entitled to education reimbursement on the same terms and conditions as established for Management/Confidential/Director employees.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential/Department Director Employees (Non-represented) The City shall reimburse Management/Confidential/Director Employees for the cost of books and tuition for courses taken at any State College, State University, Community College or an accredited private college or university as approved by the City Manager. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)13 The City will reimburse employees for 50% of the cost of tuition up to a maximum reimbursement equivalent to a part-time Cal State tuition per fiscal year for courses taken at any state college, state university, private university or community college, not to exceed $2,500 per employee per year. Courses must be related to the current job. The City Manager or designee must approve all courses in advance in order for the employee to be eligible for the reimbursement, subject to available funds.

For an employee to be receive reimbursement, proof of successful completion must first be furnished. In graded courses, a letter grade of "C" or better is required. In a "Pass/Fail" grading system, a "Pass” is required. In a "Credit/No Credit" grading system, a "Credit" is required for approval.

Courses from a private university or college may also be considered; however, reimbursement for such courses shall not exceed the amount permitted for a similar course at a state college or university.

The educational reimbursement will be provided upon completion of coursework. The employee must remain employed by the City or the employee must repay the cost based on the following scale:
• 100% of the reimbursement if employee leaves within 6 months, • 75% of the reimbursement if employee leaves after 6 months, • 50% of the reimbursement if employee leaves after 12 months, • 25% of the reimbursement if employee leaves after 18 months, • 0% of the reimbursement if employee leaves after two years. 13 CMEA MOU, p. 18.

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Section 23. Educational Seminars
a) Appointed Officials
Employees wishing to further their education through short-term courses/conferences or one-day seminars at City expense may do so with written City Manager approval. b) Management/Confidential/Department Director Employees (Non-represented) Employees wishing to further their education through short-term courses/conferences or one-day seminars at City expense may do so with written City Manager approval. c) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association)14 Employees wishing to further their education through short-term courses or one-day seminars at City expense may do so but only with written Department Head approval. The City shall administer the terms of this provision as further defined under the Education Seminars section of the Cudahy Miscellaneous Employees’ Association MOU.

Section 24. The Extension of Benefitsto Other Classifications a) AppointedOfficials (Non-represented)
The fringe benefits set forth herein are minimum benefits; to the extent greater benefits are extended to other employees of the City, the City Clerk, City Treasurer and City Manager shall be entitled to such benefits. All provisions of the Cudahy Municipal Code, any Memorandum of Understanding with represented employees of the City, and the City’s Personnel Rules that relate to fringe benefits as those provisions now exist, or hereinafter may be amended, shall apply to the City Clerk, City Treasurer, and City Manager in like manner as they apply to other employees of City.

Notwithstanding the above, provisions of an employment agreement shall supersede and control over any description of benefits/salary that may be contained in this Fringe Benefits Plan.
b) Management/Confidential Employees/Department Director (Non-represented) All Management/Confidential/Director employees are entitled to and shall enjoy the specific fringe benefits as described and defined within each benefit provision.

Except as otherwise stated within any section of the Fringe Benefits Plan, all Management/Confidential employees are exempt from the City’s Personnel Rules. All Management/Confidential employees are at-will employees. 14 See CMEA MOU, p. 18-19.

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Section 25. Hourly Employees
a) Eligibility for Benefits
Hourly employees shall not be entitled to any City benefits except as otherwise provided herein.
b) Paid Sick Leave Accrual
Hourly employees, including temporary, extra help, part-time, and seasonal employees who work 30 or more days within a year from when employment commences, shall be entitled to 24 hours of sick leave per fiscal year, effective July 1, 2015, and employees shall receive subsequent annual sick leave accruals of 24 hours added to their leave bank in January of each calendar year. Sick leave must be used in a minimum of 2-hour increments. Unused sick leave under this program may be carried over to the following year not to exceed an accrual cap of six (6) days/forty-eight (48) hours of sick leave. An employee may use no more than twenty-four (24) hours in any one year. Employees are entitled to request and use accrued paid sick days beginning on the 90th day of employment. The rate of pay shall be at the employee’s regular hourly wage. c) FICA Alternative Plan
Hourly employees shall be entitled to receive the City’s 3.75% FICA alternative plan contribution in lieu of Social Security and/or participation in CalPERS.

RESOLUTION NO. 23-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA APROVING THE

CREATION OF A SEPARATED SALARY PLAN
WHEREAS, the salaries and compensation of officers and employees of the City of Cudahy (“City”) shall be fixed and determined by resolution of the City Council in accordance with Municipal Code Section 2.04.070; and
WHEREAS, On June 7, 2022, the City Council approved Resolution No. 22-35 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees; and

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council hereby approves the creation of a separate documents called City Salary Plan attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 3. This Resolution and Exhibit “A” shall repeal and replace Resolution No. 22 - 78.

SECTION 4. Notwithstanding the benefits and salary described in the Salary Plan for individuals under employment agreements with the City, City employees with employment agreements shall only be entitled to those benefits and salary amounts identified in their individual employment agreements. The Salary Plan identifies salaries of employees under employment agreements with the City for administrative convenience purposes only, and the Plan shall not supersede any employment agreement provisions or control the salary provided to employees with employment agreements with the City.

To the extent that any salary described in the Plan conflict with the applicable employment agreements, and as the employment agreements and memorandums of understanding Attachment C Page 107 of 344

may be amended from time to time, the employment agreements and memorandums of understanding control.

SECTION 5. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.

SECTION 6. This Resolution shall take effect immediately following its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 7th day of March 2023.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-10 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 7th day of December, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

EXHIBIT “A”

SALARY PLAN

CITY SALARY PLAN
(Exhibit A to Resolution No. 23-10)
Effective March 7, 2023

CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960

2

3 TABLE OF CONTENTS
THE SALARY PLAN............................................................................................................................................ 04 Section 1. Purpose ................................................................................................................................... 04 Section 2. Basic Compensation Plan......................................................................................................... 04 Section 3. Pay Philosophy ........................................................................................................................ 04 Section 4. Plan Maintenance..................................................................................................................... 05 Section 5. Additional Approved Increasesin Compensation and Changesto the Salary and Classification Plans........................................................................................................................................................05 Section 6. The Provisions of This Plan Shall Be Operative on the Date of Its Adoption ............................. 05 ADDENDUM.................................................................................................................................................. 06

1. HOURLY RANGE TABLES........................................................................................................... 07

2. ASSOCIATION RANGE TABLES.................................................................................................. 08

3. MANAGEMENT/CONFIDENTIAL RANGE TABLES......................................................................09

4. SALARY SCHEDULES ................................................................................................................. 10

4 34

THE SALARYPLAN
Section 1. Purpose
This Exhibit to Resolution No. 23-** is enacted pursuant to Section 2.04.070(2) of the Cudahy Municipal Code to provide for the compensation of City officers and employees and to conform to the principle of equal pay for equal work. The City Manager will ensure equitable placement within the merit range and annual merit raises based on negotiated agreements and/or administrative policies. Notwithstanding the foregoing, the terms of any individual employment agreement(s) shall control the compensation amounts described in this Salary Plan when determining the salary of individual employees under contract with the City.

Section 2. Basic Compensation Plan
The basic compensation plan for City officers and employees, as of the date of adoption of this Plan is hereby established as set forth in the Addendum, including the following:
1) Hourly Range Table
2) Association Range Table
3) Management/Confidential Range Table
4) Salary Schedule
The Salary Plan shall be referred to as the Salary Schedule which incorporates the allocation of ranges (defined in the range tables) to classifications, which is attached hereto and incorporated herein by reference.

Range tables for the Cudahy Municipal Employees’ Association include ten (10) steps with approximately 2.5% between steps.

Range tables for Management/Confidential/Department Directors include ten (10) steps with approximately 2.5% between steps.

Range tables for Hourly employees consist of one (1) to three (3) steps with approximately 5% between steps.

Range tables for Appointed Officials (City Treasurer, City Clerk and City Manager) have one step (flat rate).

Section 3. Pay Philosophy
The City Council establishes a pay philosophy that the base pay of all positions shall be ideally set at the median pay provided by comparable cities of similar size, budget, staff, and

5 34
geographic area, based on the City’s financial ability to pay. Merit increases provide for annual pay increases annually for demonstrated positive work performance as documented on annual performance evaluations. Annual merit increases should generally follow one step increase per year until the final step. Any increases beyond one must be approved by the City Manager.

Section 4. Plan Maintenance
Increases to the Range tables and applied to the Salary Schedule are adopted and approved by the City Council via Resolution to amend the Salary Plan.

Such recommended increases are negotiated between the City and the Cudahy Miscellaneous Employees’ Association. The City Council may further take appropriate action to extend such increases to unrepresented Management/Confidential Employees, Appointed Officials including the City Clerk, City Treasurer, and City Manager, and positions appointed by the City Manager.

These actions help preserve appropriate compensation and prevent salary compression.

In addition to negotiated increases, the City may take steps to maintain the Salary Plan by conducting regularly scheduled salary reviews and/or intermittent salary reviews as determined by changes in the labor market, and the need to compete for talent and/or retain current employees.

Section 5. Additional Approved Increases in Compensation and Changes to the Salary and Classification Plans
Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)23 All members shall receive:
• A 3% increase to their base rate effective July 1, 2022; • A 2.5% increase to their base rate effective July 1, 2023; and • A 2.5% increase to their base rate effective July 1 2024.

Section 6. The Provisions of This Plan Shall Be Operative on the Date of Its Adoption.

ADDENDUM:

1. HOURLY RANGE TABLES

2. ASSOCIATION RANGE TABLES

3. MANAGEMENT/CONFIDENTIAL RANGE TABLES

4. SALARY SCHEDULES
23 CMEA MOU, p. 5.

HOURLY RANGE TABLES

Compensation Salary Schedule
Effective July 1, 2022
Ranges A B C
H1 $15.45 $16.22 $17.03
H2 $16.22 $17.03 $17.89
H3 $17.04 $17.89 $18.78
H4 $17.88 $18.77 $19.71
H5 $18.78 $19.72 $20.70
H6 $19.71 $20.70 $21.73
H7 $20.70 $21.74 $22.83
H8 $21.74 $22.83 $23.97
H9 $22.82 $23.97 $25.16
H10 $23.97 $25.17 $26.42

Compensation Salary Schedule
Effective January 1, 2023
Ranges A B C
H1 $15.50 $16.28 $17.09
H2 $16.22 $17.03 $17.89
H3 $17.10 $17.96 $18.85
H4 $17.88 $18.77 $19.71
H5 $18.78 $19.72 $20.70
H6 $19.71 $20.70 $21.73
H7 $20.70 $21.74 $22.83
H8 $21.74 $22.83 $23.97
H9 $22.82 $23.97 $25.16
H10 $23.97 $25.17 $26.42

ASSOCIATION RANGE TABLES

Association Compensation Schedule
Effective July 1, 2022
Ranges A B C D E F G H I J
A1 $3,429 $3,515 $3,602 $3,693 $3,785 $3,879 $3,976 $4,076 $4,178 $4,282 A2 $3,594 $3,684 $3,776 $3,870 $3,967 $4,066 $4,168 $4,272 $4,379 $4,488 A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 A4 $3,956 $4,055 $4,157 $4,260 $4,367 $4,476 $4,588 $4,703 $4,820 $4,941 A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929 A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 A18 $7,057 $7,233 $7,414 $7,599 $7,789 $7,984 $8,183 $8,388 $8,598 $8,813 A19 $7,404 $7,589 $7,778 $7,973 $8,172 $8,377 $8,586 $8,801 $9,021 $9,246 A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 A21 $8,153 $8,357 $8,566 $8,780 $9,000 $9,225 $9,456 $9,692 $9,934 $10,183 A22 $8,558 $8,772 $8,992 $9,216 $9,447 $9,683 $9,925 $10,173 $10,427 $10,688 A23 $8,981 $9,205 $9,435 $9,671 $9,913 $10,161 $10,415 $10,675 $10,942 $11,216 A24 $9,427 $9,662 $9,904 $10,151 $10,405 $10,665 $10,932 $11,205 $11,485 $11,772

DIRECTOR / MANAGEMENT /

CONFIDENTIAL RANGE TABLES

Confidential Compensation Schedule
Effective July 1, 2022
Range A B C D E F G H I J
C-1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 C-2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,469 $5,606 $5,746 $5,890 C-3 $5,349 $5,483 $5,620 $5,761 $5,905 $6,052 $6,204 $6,359 $6,518 $6,681 Director/ Manager Compensation Schedule
Effective July 1, 2022
Ranges A B C D E F G H I J
M-1 $5,619 $5,759 $5,903 $6,051 $6,202 $6,357 $6,516 $6,679 $6,846 $7,017 M-2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 M-3 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 $9,364 M-4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 M-5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857

SALARY SCHEDULES

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J Account Clerk PT HOURLY H10 $23.97 $25.17 $26.42
Accounting Technician CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Administrative Analyst CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 Administrative Assistant CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Administrative Clerk PT HOURLY H10 $23.97 $25.17 $26.42 Administrative Intern PT HOURLY H5 $18.78 $19.72 $20.70 Administrative Services Director MGMT MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 Assistant City Engineer CMEA MONTHLY A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 Assistant City Clerk MGMT MONTHLY M2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 Assistant Engineer CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 Assistant Recreation Program Coordinator CMEA MONTHLY A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 Associate Engineer CMEA MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Building Inspector CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 City Council Member ELECTED MONTHLY FLAT RATE $484
City Clerk APPOINTED MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 City Manager APPOINTED MONTHLY FLAT RATE $18,476
City Treasurer APPOINTED MONTHLY FLAT RATE $5,339
Community Development Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857 Community Preservation Officer CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Community Preservation Technician PT HOURLY H8 $21.74 $22.83 $23.97 Deputy City Clerk CONFIDENTIAL MONTHLY C2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,470 $5,606 $5,746 $5,890 Executive Assistant CONFIDENTIAL MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Finance Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Human Resources Manager MGMT MONTHLY M3 $7,498 $7,686 $7,878 $8,075 $8,277 $8,484 $8,696 $8,913 $9,136 $9,364 Human Resources Specialist CONFIDENTIAL MONTHLY C3 $5,350 $5,484 $5,621 $5,761 $5,905 $6,053 $6,204 $6,359 $6,518 $6,681 Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,290 $4,397 $4,507 $4,619 $4,735 $4,853 $4,975 $5,099 Maintenance Aide PT HOURLY H2 $16.22 $17.03 $17.89
Maintenance Leader CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Maintenance Superintendent CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Maintenance Supervisor CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Maintenance Worker CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Management Analyst CONFIDENTIAL MONTHLY M2 $6,346 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $7,732 $7,925 Maintenance Worker Janitorial CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Municipal Enforcement Officer PT HOURLY H6 $19.71 $20.70 $21.73 Office Clerk CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Parking Enforcement Officer CONFIDENTIAL MONTHLY A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 Planning Assistant CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Planning Associate CMEA MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Planning Technician PT HOURLY H7 $20.70 $21.74 $22.83
Public Safety and Services Manager MGMT MONTLY M3 $7,315 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 Public Works Director/Engineer MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Purchasing and Grants Coordinator CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Recreation Aide PT HOURLY H1 $15.45 $16.22 $17.03
Recreation Leader PT HOURLY H3 $17.04 $17.89 $18.78
Recreation Program Coordinator CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Parks and Recreation Program Manager CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Senior Accountant CMEA MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Building Inspector CMEA MONTHLY A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 Senior Community Preservation Officer CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Senior Parking Enforcement Officer CONFIDENTIAL MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Senior Planner MGMT MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Recreation Leader PT HOURLY H4 $17.88 $18.77 $19.71 Supportive Services Coordinator CMEA MONTHLY A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE December 20, 2022

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J Account Clerk PT HOURLY H10 $23.97 $25.17 $26.42
Accounting Technician CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Administrative Analyst CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 Administrative Assistant CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Administrative Clerk PT HOURLY H10 $23.97 $25.17 $26.42 Administrative Intern PT HOURLY H5 $18.78 $19.72 $20.70 Administrative Services Director MGMT MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 Assistant City Engineer CMEA MONTHLY A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 Assistant City Clerk MGMT MONTHLY M2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 Assistant Engineer CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 Assistant Recreation Program Coordinator CMEA MONTHLY A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 Associate Engineer CMEA MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Building Inspector CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 City Council Member ELECTED MONTHLY FLAT RATE $484
City Clerk APPOINTED MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 City Manager APPOINTED MONTHLY FLAT RATE $18,476
City Treasurer APPOINTED MONTHLY FLAT RATE $5,339
Community Development Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857 Community Preservation Officer CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Community Preservation Technician PT HOURLY H8 $21.74 $22.83 $23.97 Deputy City Clerk CONFIDENTIAL MONTHLY C2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,470 $5,606 $5,746 $5,890 Executive Assistant CONFIDENTIAL MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Finance Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Human Resources Manager MGMT MONTHLY M3 $7,498 $7,686 $7,878 $8,075 $8,277 $8,484 $8,696 $8,913 $9,136 $9,364 Human Resources Specialist CONFIDENTIAL MONTHLY C3 $5,350 $5,484 $5,621 $5,761 $5,905 $6,053 $6,204 $6,359 $6,518 $6,681 Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,290 $4,397 $4,507 $4,619 $4,735 $4,853 $4,975 $5,099 Maintenance Aide PT HOURLY H2 $16.22 $17.03 $17.89
Maintenance Leader CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Maintenance Superintendent CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Maintenance Supervisor CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Maintenance Worker CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Management Analyst CONFIDENTIAL MONTHLY M2 $6,346 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $7,732 $7,925 Maintenance Worker Janitorial CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Municipal Enforcement Officer PT HOURLY H6 $19.71 $20.70 $21.73 Office Clerk CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Parking Enforcement Officer CONFIDENTIAL MONTHLY A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 Planning Assistant CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Planning Associate CMEA MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Planning Technician PT HOURLY H7 $20.70 $21.74 $22.83
Public Safety and Services Manager MGMT MONTLY M3 $7,315 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 Public Works Director/Engineer MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Purchasing and Grants Coordinator CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Recreation Aide PT HOURLY H1 $15.50 $16.28 $17.09
Recreation Leader PT HOURLY H3 $17.10 $17.96 $18.85
Recreation Program Coordinator CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Parks and Recreation Program Manager CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Senior Accountant CMEA MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Building Inspector CMEA MONTHLY A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 Senior Community Preservation Officer CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Senior Parking Enforcement Officer CONFIDENTIAL MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Senior Planner MGMT MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Recreation Leader PT HOURLY H4 $17.88 $18.77 $19.71 Supportive Services Coordinator CMEA MONTHLY A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE January 1, 2023

RESOLUTION NO. 23-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA APROVING THE

CREATION OF A SEPARATED PERSONNEL RULES

AND REGULATIONS
WHEREAS, the salaries and compensation of officers and employees of the City of Cudahy (“City”) shall be fixed and determined by resolution of the City Council in accordance with Municipal Code Section 2.04.070; and
WHEREAS, On June 7, 2022, the City Council approved Resolution No. 22-35 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees; and

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council hereby approves the creation of a separate documents called Personnel Rules and Regulations attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 3. This Resolution and Exhibit “A” shall repeal and replace Resolution No. 22 - 78.

SECTION 4. Notwithstanding the benefits and salary described in the Personnel Rules and Regulations for individuals under employment agreements with the City, City employees with employment agreements shall only be entitled to those benefits and salary amounts identified in their individual employment agreements. The Personnel Rules and Regulations identifies salaries of employees under employment agreements with the City for administrative convenience purposes only, and the Personnel Rules and Regulations shall not supersede any employment agreement provisions or control the salary provided to employees with employment agreements with the City. To the extent Attachment D Page 126 of 344

that any salary described in the Personnel Rules and Regulations conflict with the applicable employment agreements, and as the employment agreements and memorandums of understanding may be amended from time to time, the employment agreements and memorandums of understanding control.

SECTION 5. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.

SECTION 6. This Resolution shall take effect immediately following its adoption by the City Council, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 7th day of March 2023.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-11 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 7th day of December, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

EXHIBIT “A”

PERSONNEL RULES AND REGULATIONS

PERSONNEL RULES AND REGULATIONS
(Exhibit A to Resolution No. 23-11)
Effective March 7, 2023

CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960

2

3 TABLE OF CONTENTS
PERSONNEL RULES AND REGULATIONS.......................................................................................................... 7 Section 1. Adoption of Personnel System, Purpose..................................................................................... 8 Section 2. Application ................................................................................................................................. 8 A. Applicability of Policies
B. Conflict betweenthese Policies and Memorandum of Understanding (MOU) C. Employee Acceptance of Policies and Revisions to Policies Section 3. Definition of Terms..................................................................................................................... 8 Section 4. Personal Conduct and Standards of Employment......................................................................12 A. Code of Conduct
B. Code of Ethics
C. Customer Service
D. Equal Employment Opportunity
E. Unlawful Harassment in the Workplace Policy
F. Anti- Bullying Policy
G. Discrimination and Harassment Complaint Procedure
H. Anti-Nepotism
I. Fraternization
J. Conflict of Interest
K. Attendance
L. Violence in the Workplace
M. Drug and Alcohol Policy
Section 5. Authority to Interpret .............................................................................................................. 29 Section 6. Delegation of Authority ........................................................................................................... 29 Section 7. Classification Plan..................................................................................................................... 29 A. Preparation of Classification Plan
B. Allocation of Positions
C. Adoption of Classification Plan

4 Section 8. Filing Vacancies........................................................................................................................ 30 A. Types of Appointments
B. Reinstatement
C. Emergency Appointments
D. Temporary and Interim Appointments
Section 9. Recruitment ............................................................................................................................. 31 A. Job Announcements
B. Application Forms
C. Disqualification
D. Physical Requirements
E. Employment of Members of Family
F. Subject and Method of Examinations
G. Qualifying Grade and Rating Examinations
Section 10. Certification ........................................................................................................................... 33 A. Eligible List
B. Notification of Results
Section 11. Compensation Plan ................................................................................................................ 34 A. Preparation of Plan
B. Salary at Appointment
C. Advancement within Salary Range
D. Step Advancement
E. Merit Ranges
F. Salary of Promotion
G. Salary of Transfer
H. Salary Upon Appointment to a Position in an Acting Capacity I. Salary on Reinstatement
J. Salary on Suspension
K. Salary on Demotion
L. Changes in Salary Allocation
M. Salary on Position Reclassification

5 N. Reduction in Salary
O. Compaction Rule
P. Salaries Above Market Rate- Use of “Y” Rating Method Q. Trainee Positions
R. Salary Differentials/ Stipends
S. Overtime
T. Compensatory Time Off
U. Executive Leave
V. On Call (Standby) Pay
W. Call Back Pay
X. Council Authority to Specific Salary
Y. Additional Compensation
Section 12. Probationary Period and Performance Evaluations............................................................... 43 A. Probationary Period
B. Employee Performance Evaluation
C. Discretionary Medical Evaluation
Section 13. Disciplinary and Appeals Procedure ..................................................................................... 44 A. Basis for Disciplinary Action
B. Disciplinary Authority
C. Emergency Suspension
D. Types of Disciplines
E. Notice of Disciplines
F. Representation
G. Employee’s Response
H. Appeal Procedures
Section 14. Grievance Procedure .............................................................................................................. 48 A. Statement of Purpose
B. Definitions
C. Procedure
D. Representation
E. Class Grievance

6 F. Time Limits
G. Withdrawal
Section 15. Employee Activities................................................................................................................ 50 A. General Considerations
B. Determination of Inconsistent Activities
C. Improper Use of City Equipment Prohibited
D. Violations and Penalties
Section 16. Layoff Procedure................................................................................................................... 51 A. Intent
B. Procedure
C. Bumping Rights
D. Reemployment Rights
Section 17. Loyalty Oath ........................................................................................................................... 52 Section 18. Implementation ..................................................................................................................... 52 Section 19. Amendment of Rules............................................................................................................... 53 Section 20. Severability............................................................................................................................. 53

7 PERSONNEL RULES AND REGULATIONS

8 PERSONNEL RULES AND REGULATIONS
SECTION 1: Adoption of Personnel System – Purpose:

To establish an equitable and uniform procedure for dealing with personnel matters, to attract the best and most competent persons available to serve our community, to assure that appointments and promotions of employees will be based on merit and, to provide a reasonable degree of security for qualified, performing employees. The personnel system set forth in these rules and regulations is hereby adopted.

SECTION 2: Application:

A. Applicability of Policies
The policies and regulations shall apply with equal force to all City of Cudahy employees unless expressly exempted or excluded herein.

Independent contractors, volunteers, Commissioners and City Council are not City of Cudahy employees and are therefore not covered by the Policies included herein.

B. Conflict between these Policies and Memorandum of Understanding (MOU) If a provision of these Policies conflicts with any provision of a valid Memorandum of Understanding (MOU) between the City of Cudahy and a recognized employee organization, the provision of the MOU that conflicts with the provision of these Policies shall apply to employees who are covered by the MOU.

C. Employee Acceptance of Policies and Revisions to Policies:

As a condition of employment, the City of Cudahy requires that each employee read and, if necessary, request clarification regarding these Policies.

Each employee must sign a statement of receipt acknowledging the following: (1) they have received a copy or have been provided access to the Policies and (2) understand they are responsible for reading and becoming familiar with the contents of the Policies and all subsequent revisions.

SECTION 3: Definition of Terms:

All words and terms used in this section and in any ordinance or resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For convenience, however, the following words and terms most used are hereinafter defined:
“Acting appointment” means the appointment of a person to a classification in the City service on an interim basis during which that person will continue to occupy the position from which they was appointed.
“Advancement” means a salary increase within the limits of the pay range established for classes provided by resolution.

9 “Allocation” means the assignment of a single position to its proper class in accordance with the duties exercised, and the education and experience requirements; or, the assignment of a class to a salary range or rate.
“Appointing Power” means the appointive powers to fill positions in the competitive service.

The City Manager approved all appointments except for the Appointed Officials. “Appointment” means the employment of a person in a position. “At-Will Employee” means a person who serves at the pleasure of the appointing authority, has no property right in continued employment with the city and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
“Base Salary” means the salary range and step established in a salary resolution by the City Council exclusive of any overtime, shift differential, incentive or other type of premium pay an employee may receive.
“Call-back duty” occurs when an employee is unexpectedly ordered by their department to return to duty, following the termination of their normal work shift or work week, because of unanticipated work requirement.
“Class” means a group of positions sufficiently similar in duties, authority, responsibilities, and minimum qualifications for employment to permit combining them under a single title and the equitable application of common standards of selection and compensation. “Classification plan” means the designation by resolution of the City Council of a title for each class together with the specifications for each class as prepared and maintained by Human Resources. “Class specifications” means a written description of a class setting forth the essential characteristics, knowledge, skills, abilities, and requirements of positions in the class. “Compensatory time off” means time taken off, with pay, from work in lieu of overtime pay previously accrued by the employees.
“Competitive service” means all positions in the City service except those excluded under Section 2.
“Continuous service” means the employment without break or interruption of an employee having a probationary or regular appointment. A break or interruption in continuous service shall be construed as an absence of the employee from their employment initiated by either the City or the employee for periods of more than fifteen consecutive calendar days. “Demotion” means the reduction in the pay rate of an employee. “Dismissal” means the involuntary separation, including layoff, of an employee from the City service.
“Eligible” means a person who may be appointed to a vacant position in the competitive service as provided by these rules.
“Eligible list” means a list of names of persons who have taken an examination for a position in the competitive service and passed and are ranked on the list in order of the score received.

10 “Employee” means a person occupying a position in the competitive service. “Exempt classes “means those classes of positions that, by the nature of the job requirements, do not earn overtime.
“Full-time position” means a position in the competitive service of the City which requires 40 hours of work per week.
“Incidental overtime” means the designation given to overtime of less than 30 minutes, that is nonrecurrent.
“Independent Contractor” means not a city employee and serves solely pursuant to a contracted entered by the City pursuant to City’s purchasing policies and procedures. “Interim position” means a full-time or part-time position for a designated period which may extend beyond the six-months’ limit reserved for temporary positions. “Layoff” means the separation of an employee from City service for reasons of economy or efficiency or reductions or elimination of City services. “Merit salary increase” means the increase of an employee’s salary within the salary range established for the class of position they occupy because of satisfactory job performance in such position.
“Overtime” means the time which an interim, probationary, or permanent employee is required to work beyond the number of hours prescribed for a full-time employee in that classification in a week. “Part-time position” means a position having a work week of fewer hours than the work week established for full-time positions. A part-time position may be either interim, temporary, or permanent. “Permanent position” means a full-time or part-time position which is expected to exist indefinitely.
“Position” means a combination of duties and responsibilities assigned to a single employee. “Probationary Employee” means an employee who is serving a probationary period after beginning employment with the City or after being promoted to a higher job classification. During the initial probationary period, a probationary employee serves at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
“Promotion” means the advancement of an employee from a position in one class to a position in another class having a higher maximum salary rate.
“Promotional Exam” means an exam for a position which is open only to employees in positions in the same class.
“Reclassification” means the reassignment of a position from one class to a different class in accordance with a reevaluation of the minimum qualifications, duties, and responsibilities of the position.

A reclassification is distinguished from a demotion in that there is no reduction in the maximum salary rate.
“Reduction in Salary” means a salary decrease within the limits of the pay range established for a

11 class.
“Regular employee” means an employee who has successfully completed their probationary period in a permanent budgeted position in the competitive service. “Rejection” means the involuntary separation from the City service of an employee who has not successfully completed their probationary period, or, the reduction of an employee who did not successfully complete their probationary period to a position in a different class in which they had previously acquired regular status.
“Reinstatement” means the reappointment of an employee to a position in a same or comparable class within twenty-four (24) months of their resignation in good standing. No credit shall be granted for prior service in terms of benefits accrued or seniority. A reinstated employee shall serve a probationary period.
“Reprimand” means a written criticism of an employee’s work performance which is issued to an employee in accordance with administrative policies and procedures. “Resignation” means the voluntary separation of an employee from the City service. “Salary advancement eligibility date” means the future date on which a regular employee is eligible for a merit salary increase.
“Salary plan” means the assignment by the City Council resolution of salary ranges and/or salary rates to each class.
“Salary range” means the range of salary rates for a class. “Salary step” means the minimum through maximum salary increments of a salary range. “Seniority” means the length of time of continuous service in the competitive service; after an employee completes the probationary period, seniority is calculated from the date of probationary appointment to the full-time position.
“Standby duty” means that an employee who is released from duty is required by their department to leave notice where they can be reached and that they be available to return to duty when required. “Standby duty” requires that an employee 1) be ready to respond immediately, 2) be reachable by phone or electronic page (if provided), 3) be able to report within a specified period of time, and 4) refrain from any activities which might impair their ability to perform assigned duties. “Suspension” means the temporary separation of an employee from the service with or without pay for disciplinary purposes.
“Temporary appointment” means an appointment to a temporary or permanent position for a period of six months or less which may be extended by the City Manager for a maximum of an additional six months.
“Temporary employee” means a full-time or part-time position that is an at-will employee but of limited or short duration. They serve at-will, at the pleasure of the appointing authority, have no property right in continued employment, and are not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.
“Termination” means the separation of an employee from the City service because of retirement,

12 resignation, death or dismissal.
“Title”, “class title”, “title of class” means the official name applied to a class and to each position allocated to the class and to the incumbent of each position. “Transfer” means a change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, involving the performance of basically similar duties, and requiring substantially the same minimum qualifications. “Volunteer” means a person that is not a City employee but is instead an individual who provides services to the City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses. They have no property right in continued employment and are not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

SECTION 4: Personal Conduct and Standards of Employment:

A. Code of Conduct:

All employees of the City will carry out their duties and responsibilities in a way that demonstrates respectful treatment of the public and other employees. Examples of respectful behavior include being patient, courteous and caring, listening carefully, keeping voices low and calm, requesting information or materials thoughtfully, treating others as you would want to be treated, treating each person as a unique individual whose needs are of utmost importance, not overreacting to others inappropriate behavior or using profanity, having empathy for the circumstances of others, and maintaining relationships with other people in a consistent manner with mutual satisfaction and helpfulness.

Conduct which violates these Polices, including violations of the Code of Conduct, may result in disciplinary action, up to and including termination.

B. Code of Ethics:

All employees are expected to be guided by prudent judgment and personal responsibility, whether when serving the public or working with colleagues. All decisions and actions will be guided by the following principles:

1. Upholding City policies in a transparent and consistent manner at all times.

2. Making unbiased decisions and using authority fairly and responsibly in all daily actions.

3. Always acting with honesty and integrity.

4. Advocating for an environment that promotes public trust.

5. Never using City resources or position for personal gain.

6. Always being mindful of how your actions may be perceived by others and avoiding conflicts of interest.

C. Customer Service:

All employees are expected to be polite, courteous, prompt, and attentive to every City resident, customer, or visitor. When an employee encounters an uncomfortable situation that they do not feel capable of handling, the employee should call his or her supervisor immediately for assistance.

We are here to serve the community as public servants. All our efforts should be focused on the Community receiving the best possible services from their local government

Our customers ultimately pay our wages. We strive to provide excellent customer service, and this includes avoiding altercations and/or arguments with customers. If you experience a difficulty in addressing a customer concern, you should seek assistance from a co‐worker or supervisor.

13 Customers are to be treated courteously and always given proper attention. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally.

Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received.

Through your conduct, show your desire to assist the customer in obtaining the help they need. If you are unable to help a customer, find someone who can.

All correspondence and documents, whether to customers or others, must be neatly prepared and error‐ free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.

Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your supervisor or Human Resources to intervene.

D. Equal Employment Opportunity:

Equal employment opportunity through affirmative action shall be accorded to all persons regardless of their race, color, national origin, religion, sex, sexual expression or identity, age, handicap, marital status, or political opinions and affiliations. All persons shall receive equal treatment in matters affecting recruitment, hiring, promotion, discipline, compensation, assignments, benefits, training, layoff, and recall practices and any other matters affecting employment.

The City prohibits discrimination against employees and applicants for employment based on the employee’s or applicant’s race, religious creed, color national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identify, gender expression, age (40 and over), sexual orientation, or military and veteran status or any other basis protected by law.

E. Unlawful Harassment in the Workplace Policy
1). Policy Statement:

It is the policy of the City to prohibit harassment, discrimination, and retaliation in the workplace and to provide a procedure for investigating and resolving internal complaints regarding such conduct. The city encourages all covered individuals to report any conduct that they believe violates this Section. By definition, discrimination or harassment is not within the course and scope of an individual’s employment with the city.

Harassment or discrimination between supervisors and employees, co‐workers, and employees and non‐employees on the basis of a protected class, as defined herein, is prohibited and will not be tolerated while they or any of them are on any City property or premises, and/or performing services on behalf of or for the City. This Section prohibits harassment and discrimination because: (a) of an employee’s protected classification; (b) of the perception that an employee has a protected classification; or (c) the employee associates with a person who has or is perceived to have a protected classification.
2) No Retaliation:

Retaliation is prohibited against a person for filing a harassment, discrimination and/or retaliation charge or complaint; instituting or causing to be instituted any proceeding under or related to this Article; testifying or about to testify in any such proceeding or investigation; providing information or assisting in an investigation; and/or associating with a person who is involved in reporting harassment

14 and/or discrimination or who participated in the complaint or investigation process. Retaliation is also prohibited against a person who has engaged in protected activity under the Affordable Care Act, including but not limited to filing an internal or external complaint about alleged Affordable Care Act violations, and/or participating in an investigation or proceeding regarding such complaints. No employee shall be subject to any form of retaliation for reporting any violation, or participating in any investigation under this Section, provided that they have done so truthfully and in good faith.

The City has a zero tolerance policy, and will take appropriate and immediate corrective action when it concludes that discrimination, harassment, and/or retaliation has occurred. Employees found to be discriminating, harassing, and/or retaliating against another employee shall be subject to disciplinary action, up to and potentially including dismissal. 3) Application:

This Article applies to all City employees while they are on any City property or premises, and/or while performing services on behalf of or for the City.

This Article also applies to all non‐employees, including City elected and appointed officials, job applicants, vendors, contractors, business associates, volunteers, and members of the public, who are on any City property or premises, and/or performing services on behalf of or for the City pursuant to contract or other arrangements. Except where the context requires otherwise, all references to employees in this Section shall include non‐employees specified in this subsection. 4) Definitions:

1. “Protected Class” includes race, religion, color, sex, sexual orientation, gender, gender identity, gender expression, military or veteran status, national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition, genetic characteristics, physical or mental disability or other statutorily protected classes,

2. “Discrimination” includes treating an individual differently because of the individual’s protected classification.

3. “Harassment” includes any conduct which would be unwelcome to a reasonable person of the recipient’s same protected class and which is taken because of the recipient’s protected class.

It is no defense that the recipient appears to have voluntarily consented to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized. Simply because no one has complained about a joke, gesture, picture, physical contract, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude someone from complaining if the conduct is repeated in the future.

Even visual, verbal and/or physical conduct between two employees who appear to welcome it can constitute harassment of a third person who observes the conduct or learns about the conduct later. Conduct can constitute harassment even it if is not explicitly or specifically directed at an individual.

Conduct can constitute harassment even if the person engaging in the conduct had no intention to harass (e.g., gifts, over attention, or endearing nicknames). Even wellintentioned conduct can violate this Section if the conduct is directed at or implicates a protected class, and if a reasonable person of the recipient’s same protected class would find it offensive.

15 Examples of harassment include, but are not limited to, the following types of behavior resulting from a person’s protected class:

Verbal harassment, such as speech, epithets, derogatory comments, or slurs, or propositioning on the basis of a protected class. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race, sexual, or ethnicity-oriented stories or jokes.

Physical harassment, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.

Visual harassment, such as derogatory posters, notices, e‐mails, bulletins, cartoons, pictures, or drawings; related to a protected class.

Environmental harassment creates a work environment that is permeated with discriminatory or sexually oriented talk, innuendo, insults, or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual’s work.

By definition, discriminatory or sexual harassment is not within the course and scope of an individual’s employment with the City.

Sexual harassment, such as unwanted sexual advances, requests for sexual favors, or unwelcome written, verbal, physical and/or visual contact with sexual overtones, when submission to such conduct is explicitly or implicitly a term or condition of an individual’s employment, when submission to or rejection of such conduct by an individual is a basis for employment decisions affecting that individual, or when such conduct has the purpose or effect of reasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

4. “Retaliation” includes any adverse action taken against an employee they have reported harassment and/or discrimination, has participated in the complaint and/or investigation process regarding such a complaint, and/or has engaged in protected activity under the Affordable Care Act, including but not limited to making internal or external complaints regarding alleged Affordable Care Act violations and participating in the investigation of or proceedings regarding such complaints. “Adverse action” includes but is not limited to: (a) taking sides because an individual has reported harassment and/or discrimination; (b) spreading rumors about a complainant; (c) shunning and/or avoiding an individual who reports harassment and/or discrimination; or (d) a direct or implied threat of intimidation to prevent an individual form reporting harassment or discrimination.
5) Responsibility:

Directors, managers, supervisors, and other City management personnel are responsible

16 for compliance with this Section and each of the following:

1. Informing employees and non‐employees of this Section.

2. Modeling appropriate behavior.

3. Taking reasonable steps to prevent harassment, discrimination, and retaliation from occurring.

4. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.

5. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.

6. Following up with employees who have complained to ensure that the behavior has stopped and that there are no reprisals.

7. Informing employees who complain of harassment and/or discrimination of their option to contact the Equal Employment Opportunity Commission or Department of Fair Employment and Housing regarding alleged violations.

8. Assisting, advising, or consulting with Human Resources or employees of other City department(s) regarding this Section.

9. Assisting in the investigation of complaints involving employee(s), and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with the City’s Personnel Rules, up to and including dismissal.

10. Implementing appropriate disciplinary and remedial actions.

11. Reporting potential violations of this Article of which they became aware, regardless of whether a complaint has been submitted to any City department or management personnel.

12. Participating in periodic training and scheduling employees for training.

Supervisory personnel who are aware of ongoing harassment, discrimination and/or retaliation, as defined in this Section, but do not take responsible, appropriate steps, as set forth above, shall be subject to appropriate disciplinary action, up to and including dismissal.

All employees are responsible for compliance with this Section and for each of the following:

1. Treating all employees and non‐employees with respect and consideration.

2. Modeling appropriate behavior.

3. Participating in periodic training.

4. Cooperating with the City’s investigation by responding fully and truthfully to all questions posed during the investigation.

5. Maintaining the confidentiality of any investigation that the City conducts by not disclosing the substance of any investigatory interview, except as directed by the department director or Human Resources.

6. Reporting any act they believe in good faith constitutes harassment, discrimination and/or retaliation as provided for in this Section.

While the City vigorously defends an employee’s right to work in an environment free of harassment and discrimination based on his or her protected class, and free of retaliation, the City also recognizes that false accusations can have serious consequences. Accordingly, any employee who is found, through the City’s investigation, to have knowingly and falsely accused another person of harassment, discrimination and/or retaliation will be subject to appropriate disciplinary action, up to and including dismissal.
6) Complaint Procedure:

An employee or job applicant who believes they have been discriminated against and/or harassed based on his or her protected class, or retaliated against for making a

17 complaint and/or engaging in protected activity, may make a complaint, orally or in writing, to any of the following individuals:

1. Immediate supervisor.

2. Any supervisor or manager within or outside the department.

3. Department director.

4. City Manager or designated representative.

5. Human Resources, or

6. City Clerk, for complaints against the City Manager. The City Clerk shall then report the complaint to the City Council and the City Attorney.

Any supervisor, manager or director who receives a harassment, discrimination and/or retaliation complaint shall immediately notify the City Manager.

Employees, contractors, or applicants for employment may file complaints of harassment, discrimination, or retaliation with the California Department of Fair Employment and Housing (DFEH), the U.S. Equal Employment Opportunity Commission (EEOC), or, for whistleblower complaints alleging retaliation for engaging in protected activity under the Affordable Care Act, the California Occupational Safety and Health Administration (“Cal‐OSHA”). These administrative agencies offer legal remedies and a complaint process.

F. Anti-Bullying Policy:
1) Policy Statement:

The City is committed to providing a safe work environment. All City employees, consultants, independent contractors, and visitors have the right to be treated with respect. This policy applies to all City employees, consultants, and independent contractors, and will comply with the requirements of the Fair Employment & Housing Act, and the anti‐bullying mandates of the Department of Fair Employment and Housing.

The City considers workplace bullying unacceptable and will not tolerate it under any circumstances. The City defines bullying as persistent, malicious, unwelcome, severe and/or pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee, whether verbal, physical or otherwise, at the place of work and/or in the course of employment.
2) Definitions
Bullying comes in many shapes and sizes. The City considers the following types of behavior to constitute examples of workplace bullying:
• Staring, glaring or other nonverbal demonstrations of hostility. • Exclusion or social isolation.
• Excessive monitoring or micro‐managing.
• Work‐related harassment, including work overload, unrealistic deadlines, and meaningless tasks.
• Being held to a different standard than the rest of the employee’s work group. • Consistent ignoring or interrupting of an employee in front of co‐workers. • Personal attacks, including angry outbursts, excessive profanity, or name‐calling. • Encouragement of others to turn against the targeted employee. • Sabotage of a co‐worker’s work product or undermining of an employee’s work performance.
• Stalking.
• Unwelcome touching.
• Invasion of another’s personal space.
• Unreasonable interference with an employee’s ability to do his/her work (i.e.,

18 overloading with emails).
• Repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets.
• Conduct a reasonable person would find hostile, offensive, and unrelated to the employer’s legitimate business interests.

Such conduct may be perpetrated directly or via the use of telephonic or electronic communications, the internet, email, chatroom misuse, mobile threats by text messaging, or cameras and video equipment.
3) Complaint and Reporting Procedure
The City encourages all employees to immediately report any instance of workplace bullying to their supervisor, Human Resources, and/or the City Manager. In addition, any employee who believes they have witnessed bullying, and any person who has received a report of such conduct, whether the perpetrator is an employee or a non‐employee, should immediately report the conduct to theirsupervisor, Human Resources, and/or the City Manager. City policy requires any supervisor who witnesses any bullying, irrespective of the reporting relationship, to immediately report it to Human Resources.

Early reporting and intervention have proven to be the most effective method ofresolving actual or perceived incidents of bullying.

Any report of this type will be treated seriously and will be investigated promptly and impartially. The City further encourages all employees to formally report any concerns of assault, battery or other bullying behavior of a criminal nature to the local Police Department.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to bullying conduct from promptly advising the offender that their behavior is unwelcome and requesting that such behavior immediately stop.

The City will make every effort to stop alleged workplace bullying before it becomes severe and pervasive but can only do so with the cooperation of its employees. All employees have a duty to cooperate in connection with any City investigation into allegations of bullying.

Any employee against whom an allegation of bullying is made will be afforded due process before any disciplinary action is taken. Employees who are determined to have violated this policy will be subject to disciplinary action, up to and including termination. 4) No Retaliation
No employee will be subject to any form of retaliation for reporting a bullying incident, or for participating in an investigation into allegations of bullying by the City or its representatives.

G. Discrimination and Harassment Complaint Procedure
1) Filing a Discrimination Complaint
The complaint process is designed to administratively resolve complaints in a timely manner, ensure that appropriate action is taken, and minimize financial impact to the City and the employee. An individual may file a complaint with their supervisor, department head or the City Manager.

19 2) Complaint Procedures
It is the City’s intent to provide a workplace that is free from harassment, discrimination, and retaliation. If an employee believes they have been subjected to any type of unlawful harassment, discrimination, or retaliation, they should notify his/her supervisor, department head or the City Manager.

Under no circumstances shall an employee who believes they have been the victim of discriminatory or sexual harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the subject of the complaint or has failed to remedy the known harassment.

All persons shall report to their supervisor, manager, department head or Personnel Director any instances of discriminatory or sexual harassment that they have directly observed, whether or not reported by the employee who is the object of the harassment. Employees are expected to use their best judgment to forward the purpose stated in this Policy when defining discriminatory or sexual harassment.

3) Investigation
A prompt and thorough investigation into the allegations will be conducted. Individuals with direct information pertaining to the complaint will be interviewed. To the extent possible, confidentiality will be maintained. Upon completion of the investigation, the City will determine a course of action, if appropriate. The complainant will be informed of the findings and the closure of the complaint.
4) Reporting Harassment, Discrimination and Retaliation Complaints At any time during this process, the employee may elect to file a complaint with the outside regulatory agencies, either the California Department of Fair Employment or the U.S. Equal Employment Opportunity Commission.
5) Records
Related records will be maintained as required by state and federal law.

H. Anti-Nepotism
1) Policy Statement
Consistent with the terms of the applicable MOU, it is the policy of the City that no person shall be hired, and no employee shall be appointed, promoted or transferred to a position in any department in which such employee’s relative already holds a position, when such employment would result in any of the following:
(1) A supervisor‐subordinate relationship.
(2) The employee’s job duties will require performance of shared duties on the same or related work assignment.
(3) Both employees will have the same immediate supervisor.

The City also retains the right to refuse to place both relatives in the same department, division or facility where such has the potential for creating adverse impact on supervision, safety, security, morale or involves potential conflict of interest. 2) Application
This prohibition shall apply to all full‐time employees, parttime and temporary employees, and all employees working for the City through a temporary employment agency. This policy will not prevent relatives from being regularly assigned to shifts that may overlap, or from short‐term, temporary, or acting assignments, as long as one relative does not supervise, directly or indirectly, another relative, nor work in a capacity which would require an employee to evaluate or control

20 the terms, conditions and performance of a relative.

Relatives of City officers, employees or members of the City Council, or any City Board or Commission shall not be employed in any position in which the employment of such relative has the potential for adversely impacting the safety, security, morale or efficiency of supervision of other employees, or in which there may be created an actual or potential conflict of interest or the appearance of a conflict of interest.
3) Definitions
A “relative” may be defined as a spouse, child, stepchild, sibling, parent, grandparent, grandchild, niece, nephew, aunt, uncle, parent‐in‐law or sibling‐in law. Half‐relatives, step‐relatives, adopted relatives, domestic partners and in‐laws are included in these restrictions. 4) Procedures
In cases where an employee may marry or acquire a covered relationship with another person employed by the City, both employees shall be allowed to retain their respective positions provided that a supervisory relationship does not exist between the two employees. For the purpose of this section, a supervisory relationship shall be defined as one in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to their position.

I. Fraternization
1) Policy Statement
In a workforce as diverse as the City’s, it is not uncommon for employees to date, or develop significant relationships and live with, other employees. However, conflicts of interest may arise in connection with consensual romantic and/or sexual relationships between the City’s managers/supervisors and their subordinates or other employees. Such relationships may: (i) compromise, or appear to compromise, the integrity of supervisory authority; (ii) cause actual or perceived partiality, bias, or unfairness; (iii) involve, or appear to involve, the improper use of such relationships for personal gain; (iv) be, or are perceived to be, exploitative or coercive in nature; and/or (v) create an actual or perceived adverse impact on workplace discipline, authority, morale, and productivity. The city desires to avoid these problems as well as other misunderstandings, complaints of favoritism, potential sexual harassment claims, and any other employee morale and dissension problems that may result from certain consensual romantic and/or sexual relationships between City manager/supervisors and their subordinates or other non‐manager/supervisor employees.
2) Application
Accordingly, City policy and more general ethical principles prohibit City managers/supervisors from fraternizing or becoming romantically involved with any non‐manager/supervisor employee of the City if the managers/supervisors either (1) supervise that employee; or (2) make employment‐related decisions or recommendations for raises, promotions, discipline, assignments, or transfers for the employee.

If a manager or supervisor violates this policy, the City may, at its sole discretion, reassign such manager or supervisor to a different department and discipline such manager or supervisor, including, but not limited to, termination of employment.

J. Conflict of Interest
1) Policy Statement
No employee shall engage in any business transaction or shall have a financial interest, direct or indirect, which is incompatible with the proper discharge of their official duties in the public

21 interest or would tend to impair their independence of judgment or action in the performance of their official duties. The City Manager shall determine and prescribe those activities which, for employees under their jurisdiction, will be considered inconsistent, incompatible or in conflict with their duties as City employees. In making this determination, the City Manager shall give consideration to employment, activity or enterprise which:

1. Involves the use for private gain or advantage of City time, facilities, equipment and supplies, or the badge, uniform, prestige or influence of the City’s office or employment.

2. Involves the soliciting or acceptance by the employee of any money, gift, gratuity or other consideration from anyone other than the city for performing an act which the employee would be required or expected to perform in the regular course of their City employment.

3. Involves the performance of an act in other than their capacity as a city employee which may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement by such employee or the department by which they are employed.

Each City employee shall, during their hours of duty as a City employee, and subject to such rules and regulations as pertain thereto, devote their full time, attention and efforts to this City employment. Each City employee shall cooperate with the City Council and the City Manager to successfully fulfil the objectives and purposes of this Policy. 2) Political Activity
The political activities of all City employees shall be governed by the applicable provisions of State and Federal law.

K. Attendance
1) Policy Statement
Any unauthorized absence may be cause for disciplinary action, up to and including dismissal from employment. Authorized absence is defined as permission to be absent from duty for a specified purpose, with the right to return before or upon the expiration of the leave period.

Employees shall report to work in accordance with the rules regarding hours of work, leave and related provisions unless their absence has been authorized. Department directors shall be responsible for maintaining employee attendance records that shall be transmitted to the payroll office on standardized forms and at times specified by Human Resources and/or the City Manager or designee.

Except in extraordinary circumstances, an employee who is unable to report for work at the beginning of his/her established shift, shall notify his/her immediate supervisor no later than one hour before commencement of such shift, or earlier if required by department procedures. Failure to provide such notification shall result in the unreported period of absence for the first day being considered as leave without pay.
2) Absences Due to Personal Illness or Injury
Sick leave with pay shall not be considered as a privilege which an employee may use at his/her discretion but shall only be allowed for any full‐time employee who is incapacitated from the performance of his/her duties by illness or injury, by pregnancy, or by public health requirements, such as possible infection with tuberculosis, chicken pox, and the measles. Each regular full‐time employee shall earn paid sick leave as defined by the relevant Memorandum of Understanding or salary resolution. In order to receive compensation while absent due to personal illness or injury, the employee shall notify their immediate supervisor or department director no later than one (1) hour before the time set for beginning their regular duties, or as otherwise determined by individual department policies and procedures. If the need for time off due to personal illness or injury is foreseeable and/or for scheduled appointments, employees shall notify their supervisor

22 prior to the scheduled time off and accommodate scheduled appointments so as not to cause hardship on City operations.

In all cases, absences due to illness or injury for three (3) or more days shall require a doctor's release.

An employee may be required to provide a doctor’s release to return to work following an illness or injury resulting in the inability to perform their assigned duties. 3) Workers’ Compensation
An employee who is receiving temporary disability payments under the workers’ compensation laws may use his/her accumulated sick leave to supplement any of these payments. Under the terms of this paragraph, the City will apply only that portion of the sick leave that is necessary that when added to the disability will equal the full pay rate until the accumulated sick leave is exhausted. In such case, leave accruals shall be prorated and payment of health insurance premiums may be required pursuant to the requirements of the applicable Memorandum of Understanding or salary resolution.
4) Time Off to Care for Immediate Family Member
An employee is entitled to use up to half of their annual sick leave accrual for the purposes of caring for an immediate family member and immediate relative who is ill. An immediate family member, for the purposes of this provision, is defined as a spouse, domestic partner, child, parent, grandparent, grandchild, sibling, and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

In the event that a conflict arises between this article and federal and/or state law or regulations, the federal and/or state law and regulations will prevail.

L. Violence in the Workplace
1) Policy Statement
The City is committed to providing a safe work environment that is free of violence or the threat of violence. Threats, threatening behavior, or acts of violence against employees, visitors, or other individuals by anyone on City property will not be tolerated. Violations of this policy by City employees will lead to disciplinary action, up to and including termination, and may include arrest and prosecution. Violations by non‐City employees may result in arrest and prosecution as well. 2) Procedures

1. Emergency Incidents
Any employee who is subjected to, witnesses, or has knowledge of actions which pose immediate danger to themselves, or others must report these acts to appropriate authorities at once. When the incident constitutes an emergency, the employee should notify their supervisor and/or obtain Police assistance by calling 911. Information provided to the emergency dispatcher should include details regarding the location, nature of the incident and the persons and/or weapons involved.

After the incident has been reported to the Police, the employee should notify their supervisor and/or the department head of the incident and file a report with the risk manager. The department head, in turn, shall be responsible for contacting the City Manager.

The primary objective in dealing with an incident in‐progress is to stabilize the situation, de‐escalate the potential for violence, and ensure that there is no harm to person or property. Once the emergency has passed, the department head shall be responsible for

23 conducting a thorough investigation of the incident, and reporting findings to the City Manager and to file an incident report with the risk manager.

2. Natural, Man-made or War‐Caused Emergencies
The State of California Disaster Service Worker (“DSW”) Program includes all public employees impressed into service by a person having authority to command the aid of citizens in the execution of their duties during a state of war, a state of emergency, or a local emergency. As public employees, City employees are DSWs. Examples of emergencies for which City employees may be called upon to help as DSWs include fire, flood, earthquake, or public health emergencies
In the event of a natural, manmade or war‐caused emergency that results in conditions of disaster or extreme peril to life, property and the resources of the state, City employees shall be subject to be called back to work to assist the City in addressing such emergency.

The determination on whether to call an employee back to work shall be solely determined by the City Manager, Director of Civil Defense or Disaster or designee.

3. Non‐Emergency Incidents
When an employee becomes aware of a potential violation of this policy that does not pose an immediate threat of violence, they are responsible for notifying their department head and for reporting the incident to the risk manager. Even without an actual threat, employees should also report any behavior which they may regard as threatening or violent when the behavior is job‐related or might be carried out on City property or at a City facility. It will then become the responsibility of the department head to investigate the incident and to file an incident report with the risk manager.

The situation will be evaluated to determine whether there was a violation of the policy and what the appropriate management response should be. No employee who, acting in good faith, initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment. Any employee reported to be in violation of this policy will be entitled to due process.
3) Definitions
For the purposes of this policy, threats and violent behavior are defined as:

1. The actual or implied threat of harm to an individual, group of individuals, or relatives of those individuals. These threats may be made in person, over the telephone, through the mail or by electronic communication.

2. The possession, on City property, of weapons of any kind, unless specifically authorized by the Police Department or the City Manager, or the brandishing of any object, that could reasonably be construed as a weapon.

3. Loud, disruptive, or angry behavior or language that is clearly not part of the work environment.

4. Blatant or intentional disregard for the safety and/or well‐being of others.

5. Willful destruction of City or personal property.

6. Commission of a violent felony or misdemeanor on City property.

7. Any other act that a reasonable person would perceive as constituting a threat of

24 violence.

M. Drug and Alcohol Policy
1) Policy Statement
It is the policy of the City of Bell to provide a healthy and safe work environment free from problems related to alcohol, illegal drugs, or any other substance that would interfere with the employee's safe and effective job performance. While the City has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on performance and employee safety. The City requires that employees be able to perform their jobs safely and efficiently so as not to jeopardize the safety of themselves, their co‐workers or the public. The presence of alcohol and illegal drugs on the job, and the influence of these substances on employees during working hours, is inconsistent with this objective.

Employees who believe they may have an alcohol or drug problem are urged to voluntarily seek assistance from their physician. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those employees who refuse treatment for such usage. Alcohol and drug abuse on the job will not be tolerated. All persons covered by this policy should be aware that violations of this policy may result in discipline, up to and including termination.
2) Procedures

1. All employees shall comply with the following conditions of employment:
a. Employees shall not consume alcohol, be under the influence of alcohol, or possess an open container of alcohol, or unlawfully manufacture, distribute, dispense, possess, or use illegal drugs while at City work locations or elsewhere during work hours, during meal and rest periods, while in or operating City vehicles or equipment, while wearing clothing which identifies the individual as a City employee, while foreseeably subject to being called to duty, or at any time which would interfere with the employee's safe and effective job performance. Exceptions pertaining to alcohol may be allowed while performing an approved police task.
b. Employees shall notify their supervisor before beginning work when using, before or during work, drugs, medications, or any other substance which the employee believes could foreseeably interfere with the employee's safe and effective job performance or operation of City vehicles or equipment.
c. While the use of medically prescribed medications is not a per se violation of this policy, failure by the employee to notify their supervisor, before beginning work, that they are taking medication that could interfere with theirsafety and effective performance of their duties or the operation of City equipment may result in discipline, up to and including termination. In the event there is a question as to whether an employee can safely and effectively perform their assigned job duties while using such medication, the City reserves the right to obtain a fitness‐for‐duty certification from a health care professional. d. Employees may be required to take a drug and/or alcohol test if there is a reasonable suspicion of violation of this policy.
e. Employees who are convicted of any violation of a criminal drug law occurring in the workplace must notify their department head within five (5) calendar days of such conviction.
f. Employees who enter City work locations shall be subject to inspections, searches, and

25 seizures, as allowed by law, when there is a reasonable suspicion that this Alcohol and Drug Use policy has been violated.
g. Refusal to submit immediately to a drug or alcohol test when requested by City management based on reasonable suspicion, or by law enforcement personnel, may constitute insubordination and may be grounds for discipline, up to and including termination.
h. Employees the City reasonably believes are under the influence of alcohol or drugs shall be prevented from engaging in further work, shall not be permitted to drive, and may be detained for a reasonable time until they can be safely transported from the work site. i. Employees may be required by their department head to comply with additional terms and conditions of employment not specifically stated above, in accordance with federal, state and City laws, regulations and procedures.
j. The City is committed to providing reasonable accommodation to those employees whose alcohol or drug problem renders them a qualified individual with a disability pursuant to Federal and/or State law.

2. Exceptions to Policy
Employees shall not be in violation of this policy for consuming or possessing an open container of alcohol while performing an approved police task (e.g. vice detail).

3. Violation of Policy
Employees who are in violation of this policy and any of the provisions listed under Section 3.16 shall be required to satisfactorily complete an Employee Assistance Program (“EAP”) along with the substance abuse program (“SAP”). In addition, depending upon the circumstances and the severity of the incident, they may be subject to disciplinary action, up to and including termination from employment.

4. Employee Notification
a. All current employees shall receive a copy of the City's Policy Statement and Conditions of Employment located in the appendix. b. All newly hired employees shall receive a copy of the City's Policy Statement and Conditions of Employment during the new employee orientation process. c. All employees are requested to sign that they have received, read, understood and will abide by the policy and conditions of employment. If an employee refuses to sign, a witness shall sign that the employee refused and was given a copy. d. The original shall be placed in the employee's personnel file and a copy shall be retained by the employee.

5. Employee Responsibilities
a. An employee must not report to work or be subject to duty while their ability to perform their job duties is impaired due to on or off‐duty alcohol or drug use. b. An employee must not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during work hours or while subject to duty, on breaks, during meal periods or at any time while on City property.

26 c. An employee must not, directly or through a third party, sell or provide alcohol to any person, including any employee, while either employee or both employees are on duty or subject to being called.
d. An employee must submit immediately to an alcohol and/or drug test when requested by a responsible City representative based on a reasonable suspicion that the employee is under the influence of alcohol or drugs.
e. An employee must notify his/her supervisor, before beginning work, when taking any medication or drugs, prescription or non‐prescription, that may interfere with the safe and effective performance of that employee’s job duties or the operation of City equipment.
f. An employee must provide within twenty‐four (24) hours of request a bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee’s name.

6. Management Responsibilities and Guidelines
a. Enforcement – Department heads are responsible for enforcement of these personnel policies and procedures.
b. Notice of Drug Conviction for Federal Grant‐Funded Employees ‐ The employee’s department head shall notify the appropriate federal granting agency within ten days after receiving a drug conviction notice from a federal grant‐funded employee. The convicted employee shall enter the Employee Assistance Program and/or, if appropriate, may be subject to disciplinary action, up to and including termination from employment. This personnel action must be taken within thirty‐days after the City receives the drug conviction notice for a federal grant‐funded employee.
c. Any employee who is determined to be under the influence of alcohol or illegal drugs shall not be permitted to drive.
d. Drug and Alcohol Testing
(1.) Employees may be required to take a drug and/or alcohol test if there is a reasonable suspicion of violation of this policy and any of the conditions of employment. (2.) Before an employee is tested for reasonable suspicion, two managers/supervisors must concur in the decision to test. At least one manager or supervisor must have direct knowledge of the facts used as the basis for the decision to test. Within a reasonable time after the incident, the appropriate department head will provide a report of the facts and/or observed conditions necessitating the drug test. A copy of the report shall be given to the employee upon written request.
(3.) A positive test may result in disciplinary action, up to and including discharge. (4.) If a drug screen is positive at the pre‐employment physical, the applicant must provide within twenty‐four (24) hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant’s name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant’s ability to perform the job, even with accommodations, the applicant may not be hired.

27 (5.) If an alcohol or drug test is positive for alcohol or drugs, the City shall conduct an investigation to gather all facts. The decision to discipline or discharge shall be carried out in conformance with applicable Federal and State law, as well as the City’s adopted rules and regulations.
(6.) To arrange for a drug or alcohol test between city office hours., contact Human Resources. If the employee appears to be under the influence of alcohol, the local Police Department should be contacted to request an alcohol breath analysis. (7.) Employees will be afforded the opportunity, prior to testing, to list all prescription and non‐prescription drugs they have used in the last thirty days and to explain the circumstances surrounding the use of such drugs. This information will be kept in the employee's confidential medical file.
(8.) An employee whose drug test results are positive may, within 30 days, submit a written request for a retest of the original sample. The retest will be conducted at the original laboratory or at another NIDA Certified laboratory approved by the City Manager.

The retest will be conducted at the employee's expense. If the results of the retest are not consistent with the original test, the process shall be considered inconclusive and shall not be used as the basis for subsequent action. The employee will be reimbursed for the cost of the retest if the results are negative.

7. Employee Assistance Program (EAP)
Employees may be referred to the EAP by the following two methods:
a. Voluntary Referral ‐ Employees should be encouraged to voluntarily get help in dealing with alcohol or drug related problems through the City's EAP and/or the appropriate health insurance plan. The employee's participation in a voluntary referral shall be held strictly confidential with the EAP staff.
b. Mandatory Referral ‐ Upon approval by the employee's department head, an employee may be required to contact the EAP staff for initial evaluation and intake into the program.

Refer to the discipline procedures on mandatory referrals.

8. Alcohol and Drug Awareness Program
The Employee Assistance Program staff shall conduct an on‐going awareness program to inform employees about the dangers of alcohol and drug use, the City's policy and conditions of employment regarding alcohol and drug use, any available alcohol and drug counseling, rehabilitation, or employee assistance programs, and the penalties that may be imposed upon employees who violate the policy and conditions of employment regarding alcohol and drug use.

9. Confidentiality
Laboratory or test results shall not appear in an employee’s general personnel folder.

Information of this nature shall be contained in a separate confidential medical file that will be kept securely under the control of the Human Resources/City Manager or designee. The reports or test result may be disclosed to City management on a strictly need‐to‐know basis and to the tested employee upon request. Disclosure, without patient consent, may occur when:
a. The information is compelled by law or by judicial or administrative process. b. The information has been placed at issue in a formal dispute between the employer

28 and employee.
c. The information is to be used in administering an employee benefit plan. d. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
3)Definitions

1. Alcohol ‐ means any alcohol or alcoholic beverage as defined in California Business and Professional Code Sections 23003 and 23004.

2. Conviction for a Criminal Drug Law Violation ‐ means a finding of guilt, a no contest plea, or an imposition of sentence by any judicial body for any violation of a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance.

3. During Work Hours ‐ means during all compensated work time.

4. Foreseeably Interfere ‐ means when any reasonable person should have known that using a drug, medication, alcohol, or any other substance could cause drowsiness, potentially hazardous side effects, or have mind- and mood-altering properties which could interfere with the employee's safe and effective job performance or operation of City vehicles or equipment.

5. Foreseeably Subject to Being Called to Duty ‐ means when an employee has been placed on "standby" status, or placed "on call" to appear in court, or given notice to return to work the same day.

6. Illegal Drug ‐ means any controlled substance, drug, narcotic or immediate precursor which is specified or referenced in any provision of the California Uniform Controlled Substance Act (Division 10 of the Health and Safety Code) which may subject an individual to criminal penalties, or a legal drug which has not been legally obtained or is being used by an individual for whom it was not prescribed, or is not being used in a manner, combination, or quantity for which it was manufactured, prescribed, or intended.

7. Reasonable Suspicion ‐ means a suspicion based on objective facts and reasonable inference drawn from those facts, that an employee is under the influence of drugs and/or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to safely perform his/her job is reduced. Examples include, but are not limited to:
a. Slurred speech, bloodshot eyes;
b. Odor of intoxicants on breath or clothing;
c. Unsteady standing, walking, or movement;
d. Increased absenteeism, especially surrounding days off or holidays; e. Substandard performance whether in quantity or quality that cannot be otherwise explained;
f. General unhappiness, mood swings, increased inattentiveness, changes in appearance; g. Physical altercation;
h. Verbal altercation;
i. A preventable accident generally of a reckless nature involving City property; j. Information from a reliable person with personal knowledge of the drug/alcohol use; k. Actual observation of the possession or use of alcohol or drugs.

8. Workplace ‐ means at City work locations or elsewhere during work hours, or while in or operating City vehicles or equipment.

29 SECTION 5: Authority to Interpret
The City Manager is authorized to issue written guidelines to implement and enforce this resolution, and to make adjustments to avoid or eliminate inequities resulting from its application. Such guidelines shall have the City’s best interests as their paramount concern and shall be consistent with applicable state and federal guidelines.

SECTION 6: Delegation of Authority
The City Manager may delegate any of the powers and duties conferred upon them to any other officer or employee of the City or may recommend that such powers and duties shall be performed under contract.

SECTION 7: Classification Plan
The Classification Plan includes the allocation of class titles to salary ranges for City officers and employees under one Plan in which all positions substantially similar with respect to duties, authority, responsibility and working conditions are included within the same class, and that the same schedules of compensation be made to apply with equity under the working conditions to all positions in the same class.

A. Preparation of Classification Plan
Human Resources shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consultation with appointing authorities and heads of departments affected, shall recommend a classification plan for the positions. The classification plan shall contain a compilation of classes of positions in the competitive service defined by class specifications, including title, a description of typical duties and responsibilities of positions in each class, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. Class specifications are explanatory, but not restricting. The listing of particular tasks shall not preclude the assignment of other related kinds of tasks, or jobs requiring lesser skills.

B. Allocation of Positions
The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, authority, character of work, and qualifications, are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

When a new position is created, before the same may be filled, and, except as otherwise provided by ordinance or these rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefor and an appropriate eligible list has been established for such position.

Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassifications shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

In the preparation of the classification plan, Human Resources shall allocate every position in the competitive service to one of the classes established by the plan.

30 C. Adoption of Classification Plan
Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by the City Council. Upon adoption by the Council, by resolution, the provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires in the same manner as originally established.

SECTION 8: Filling Vacancies
A. Types of Appointments
All vacancies, other than temporary or interim vacancies, in the competitive service shall be filled by reinstatement, transfer, demotion, lateral transfer, or from eligible on an appropriate eligible list, if available. In the absence of people eligible for appointment in the above manner, temporary, interim or emergency appointments may be made in accordance with these rules and regulations.

City Managershall determine whether it is desired to fill the vacancy by reinstatement, recall from lay off, transfer, demotion, lateral transfer, or whether certification from an eligible list is preferred.

B. Reinstatement
With the approval of the City Manager, an employee who has resigned with a good record may be reinstated within two years, to their former position, if vacant, or to a vacant position in the same or comparable class, or to a position in a lower classification. A reinstated employee shall serve the probationary period prescribed for that class and for purposes of benefit accrual, begins with new employee status, except that vacation accrual shall be determined by calculating the reinstated employee’s prior service period less the period of time not in the employment of the City. The reinstated employee may be appointed at a higher step than the entry level with the approval of the City Manager.

C. Emergency Appointments
To meet the immediate requirements of an emergency condition, such as fire, flood, earthquake, or other public calamity, which threatens life or property, the appointing authority may employ such persons as may be needed for the duration of the emergency without regard to the personnel rules affecting appointments. As soon as possible, such appointments shall be reported to the City Manager.

No emergency appointment shall exceed sixty (60) working days, nor shall an individual hold successive emergency appointment. No position shall be filled by a succession of emergency appointments.

D. Temporary and Interim Appointments
Temporary appointments may be made by the City Manager of persons who appear to possess the minimum standards or qualifications for the position. Such appointments shall not continue for a period in excess of six months in any fiscal year unless approved by the City Manager. Temporary employees shall not be entitled to fringe benefits. No credit shall be allowed upon an application or in the giving of an examination for service rendered under a temporary appointment. However, if a temporary appointment is converted to a probationary appointment without interruption of service, the period of temporary service may be credited towards the completion of the probationary period, but no accrual of sick or annual vacation leave may be allowed for the period of service that the temporary appointee has served and received compensation for as provided in these rules. All temporary appointments must be made within budget limitation. A temporary employee may be removed at any time without the right of

31 appeal or hearing. Any temporary position which extends beyond the six-month limitation contained in this section shall be an interim position. The interim employee shall have the same rights and obligations as a temporary employee.

SECTION 9: Recruitment
A. Job Announcements
All vacancies to be filled in the competitive service shall be publicized by posting announcements on the City’s official bulletin boards, or in such other places as Human Resources deems advisable. The announcements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the dates, time, place and manner of making applications; the closing date for receiving application; the minimum requirement for the position; and other pertinent information. Special recruitment methods may be utilized as necessary to ensure that the employment needs of the City are met.

B. Application Forms
Applications shall be made on forms provided by Human Resources. Such forms shall require information covering training, experience, and other pertinent information as deemed necessary by Human Resources. All applications must be signed under penalty of perjury by the person applying.

Applications received at times other than following announcements as set forth above shall be destroyed or returned to the applicant at the discretion of Human Resources.

C. Disqualification
Human Resources shall reject any application which indicated on its face that the applicant does not possess the minimum qualifications required for the position or is not properly completed.

Applications shall also be rejected if the applicant is physically unfit for the performance of duties of the position to which they seeks appointment; is addicted to the habitual use of drugs or intoxicating liquor; has been convicted of a crime which would impede their ability to perform the job for which they is applying; is not legally permitted to work within the United States; has made any false statement of any material fact or practiced or attempted to practice any deception or fraud in their application; or other reasons which would indicate that the applicant is unfit for the position. Whenever an application is rejected, notice of such rejection shall be mailed to the applicant by Human Resources. Defective applications may be returned to the applicant with notice to amend same providing the time limit for receiving applications has not expired.

As part of the review of an application, Human Resources is empowered to obtain summary criminal history information and local summary criminal history information, as defined in Section 11105 and 13300 of the California Penal Code, for the sole purpose of determining whether or not an applicant is addicted to the habitual or excessive use of drugs or intoxicating liquor, or has been convicted of a crime which would impede their ability to perform the job for which they is applying.

D. Physical Requirements
The City requires that all appointees be in such physical or mental condition to perform the duties of their jobs and may require medical or psychological evaluation prior to reporting to work. No person shall be appointed to any position for which they cannot physically or mentally perform all the duties of the job adequately or without hazard to the employee or others. Within the limitations indicated, the

32 City’s policy shall be to make such efforts as are consistent with the provisions of these rules and regulations to place physically disabled individuals in such positions as are available in the City service where their disabilities will not materially affect their performance of duties.

E. Employment of Members of Family
An applicant may not be denied the right to file an application and to compete in the examination process. Following examination, if the applicant is successfully certified as eligible, they may not be employed in a department or office in which a relative (spouse, child, step-child, parent, stepparent, parent-in-law, legal guardian, brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, grandchild, grandparent or any other individual related by blood or marriage living in the same household as a City employee) is employed if they:
(1) Perform joint duties; or
(2) Share responsibility or authority; or
(3) Report to the same immediate supervisor; or
(4) Would be supervised by or would supervise a relative; or (5) Are related to the cognizant Department Head.

When the eligible is refused appointment by virtue of this Section, the name of the eligible shall remain on the eligibility list for openings in the same classification as otherwise provided in these Rules, where no relative is employed, is supervised, or supervising the vacant position.

Where two relatives are working in the same department at the time of the adoption of these Rules, the employees may continue in their positions so long as their mutual employment causes the City no loss of funds, time, or productivity.

When two employees of the City become married so as to create a situation in which they perform joint duties, share responsibility or authority, report to the same immediate supervisor, or supervise each other, then every attempt will be made to offer a transfer to another department. ln the event a transfer to another department is not accepted and/or unavailable, the employees shall make the decision as to which one shall resign. In the event that neither employee resigns, the least senior employee shall be terminated.

F. Subject and Method of Examinations
Examinations for employment shall be competitive and shall include any technique which, in the opinion of Human Resources, fairly measures the job-related qualification of applicants. These may include written tests, interviews, performance tests, assessment centers, physical ability tests, medical examinations, background investigations, polygraph examinations, prior training, experience and education, or any combination of the above. The City may contract with any competent agency or individual for the performance by such agency or individual of the responsibility for giving or scoring examinations.

G. Qualifying Grade and Rating Examinations
In all examinations the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other qualifying elements as shown in the application of the candidate or other verified information. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire

33 examination, or as disqualified for subsequent parts of an examination.

Prior to appointment to a position in the competitive service, a person may be required to pass a medical and/or physical examination to the satisfaction of Human Resources. The scope and type of examination is to be determined by Human Resources. If a person fails to pass such an examination, they may be disqualified from consideration for employment.

SECTION 10: Certification
A. Eligible Lists
Eligibility lists will be established following examinations listing the names of those applicants who qualified in the examination, arranged in alphabetical order. These applicants will be considered qualified for appointment, pending further review by the appointing authority and other qualifying procedures such as background investigations, reference checks, polygraph, and medical examinations. Eligibility lists shall be valid and in effect for a period of one year. An eligibility list may be extended by action of the City Manager for additional six-month periods, but in no event shall a list remain in effect for more than two years. If less than three names of qualified applicants are available for appointment, Human Resources may declare the list invalid and announce a new recruitment and examination period. Names of those not chosen from an eligibility list that is less than one year old may be merged with names on a newly established list for the same classification, but such names shall not remain on the new list for more than twelve months from the date of their original examination.

Names shall be removed from an eligible list for any of the following reasons:
(1) If an eligible requests orally or in writing that their name be removed. (2) If an eligible fails to accept an offer of employment within 10 days following the forwarding of such offer.
(3) If an eligible on a promotional list resigns from the service. (4) If an eligible in a medical examiner’s opinion does not meet the physical, medical or mental parameters established for the position.
(5) If a person on the eligibility list leaves no forwarding address at which they can be contacted by registered mail.
(6) If an eligible is found to be unsuitable for the position by the appointing authority.

B. Notification of Results
Every applicant taking part in the examination process shall be given written notice of the results.

Any applicant shall have the right to review their own test results within five (5) working days after notification of the examination results. An error in rating or grading, called to the attention of Human Resources within one month after the effective date of the eligibility list, shall be corrected. Any correction shall not, however, invalidate certification of an appointment previously made.

If an appointment is to be made from an eligible list, the names of persons willing to accept

34 appointment shall be certified by Human Resources in the order in which they appear on the list.

Appointments may be made from any person appearing on the eligible list. If sufficient names are not available on the list, then a temporary appointment may be made until eligibles can be certified after appropriate examination. If the temporary appointee takes the examination and successfully passes, they may be reappointed by Human Resources. If the temporary employee does not successfully pass the examination, they shall be replaced by a person appearing on a new eligible list.

Human Resources may certify names from a list for a higher classification in order to fill a vacancy in a lower classification when job duties are of a similar nature. In no case shall names be certified from a list for a lower classification to fill a vacancy in a higher classification.

SECTION 11: Compensation Plan
A. Preparation of Plan
Human Resources shall prepare a compensation plan covering all classes of positions in the competitive service, showing the minimum, all intermediate, and maximum rates of pay. Human Resources shall thereafter make such further studies of the compensation plan as may be requested by the City Council.

Human Resources shall submit the proposed compensation plan to the City Council. The Council shall adopt, or amend and adopt, the proposed plan. Thereafter, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is amended in the same manner as herein provided for its adoption.

B. Salary at Appointment
Except as otherwise provided by this Section, all new employees shall be appointed at the first step of the salary range for the particular class in which the appointment is made. When in the judgement of the City Manager, and with the recommendation of the Department Head, the education, training and experience of a proposed employee are superior and justify a salary in excess of the first step, the City Manager may authorize an appointment to a position at a higher step in the salary range. Initial employment at a salary step other than the first step may also be authorized by the City Manager when a particularly difficult recruiting problem for a class is found to exist.

C. Advancement within Salary Range
Advancement within a salary range shall be authorized only after the affirmative recommendation of the Department Head and with the approval of the City Manager. Such recommendation may be made only on a basis of satisfactory job performance.
a) Management/Confidential Employees (Non-represented)
Management/Confidential employees may receive the same considerations for salary advancement as provided to Miscellaneous Employees, at the City Manager’s discretion. b) Miscellaneous Employees (Cudahy Miscellaneous Employees’ Association) Salary step increases shall be considered on a merit basis only, and at prescribed times as defined in the Personnel Rules and the Cudahy Municipal Employees’ Association MOU.

Any employee receiving a promotion shall receive a salary increase consistent with the Personnel Rules and the Cudahy Municipal Employees’ Association MOU.