EXETER CITY COUNCIL ACTION MINUTES
May 23, 2023
A regular session of the City Council, City of Exeter was held on Tuesday, May 23, 2023, at 7:00 p.m., in the Exeter City Council Chambers, 137 North F Street.
COUNCIL PRESENT: Frankie Alves, Justin Mills, Jacob Johnson, Vicki Riddle, and Barbara Sally.
COUNCIL ABSENT: None
STAFF PRESENT: Adam Ennis, Julia Lew, Daymon Qualls, Tristan Suire, Shonna Oneal, Christina Arias, and John Hall
A. CALL TO ORDER REGULAR SESSION
Mayor Alves called the regular session to order at 7:00 p.m.
B. PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given by Council Member Sally and an invocation was given by Patti Barona.
C. PUBLIC COMMENTS:
Glen Stout with New Life Church addressed the Council regarding a citation New Life Church received..
Bobby Guerra addressed the Council regarding the citation received by New Life Church.
Mike Guiness with New Life Church addressed the Council regarding a citation New Life Church received..
Brian Thoburn with Southern California Edison addressed the Council to provide an update on the upcoming mitigation plan for wildfire safety.
Troy Staib addressed the Council to express concerns with the landscape at Elberta Road and Visalia Road.
D. SPECIAL PRESENTATIONS (if any):
a. Resolution of Commendation- Presentation of Resolution of Commendation to Finance Director, Rainbow Moore. Mayor Alves presented the Resolution of Commendation.
E. CONSENT CALENDAR:
It was moved by Council Member Sally, seconded by Council Member Riddle, and unanimously carried that the items on the Consent Calendar be approved as presented.
1. Approve regular minutes of May 9, 2023
2. Payment of Bills
3. Payroll May 12, 2023
4. Authorize the outfitting of two police vehicles with emergency equipment through Cook's Communications of Fresno, CA. in the amount of $22,399.52.
5. Authorize City Administrator to execute an Amendment No. 1 to renew an agreement with Avenue Insights & Analytics, LLC of Centreville, VA, for financial systems application hosting and technology services for period from July 1, 2023, through June 30, 2026 in the amount of $122,317.68, subject to minor conforming and clarifying changes acceptable to the City Attorney.
6. Adopt Resolution 2023-16 Supporting California Senate Bill 14, which would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law.
ACTION MINUTES
EXETER CITY COUNCIL
PAGE 2, May 23, 2023
F. INDIVIDUAL BUSINESS ITEMS:
1. Public Hearing to introduce and give first reading of Ordinance 712 Amending Title 17 of the Exeter Municipal Code by adding text amendments to Chapter 17.64 to add "Accessory Dwelling Units" as a section of the Special Uses Chapter. Assistant City Planner, Tristan Suire provided a report for Council's review and consideration. Mayor Alves opened the floor to public comment at 7:32 p.m., receiving none, closed the public comment at 7:32p.m. Council posed questions and Mr. Suire provided a response thereto. Following discussion, it was moved by Mayor Pro Tem Mills, seconded by Council Member Sally and unanimously carried to introduce and give first reading of Ordinance 712 Amending Title 17 of Exeter Municipal Code by adding text amendments to Chapter 17.64 to add "Accessory Dwelling Units" as a section of the Special Use Chapter, read by title only, and waiving further reading in full. City Attorney Julia Lew read the Ordinance by title only.
2. Adopt Resolution 2023-17 Appointing Rene Miller as Interim Finance Director, Approving Employment Agreement and authorizing the City Administrator to execute same subject to minor conforming and clarifying changes acceptable to the City Attorney. City Administrator Adam Ennis and City Clerk/ Human Resources Manager Shonna Oneal provided a report for Council's review and consideration. Following discussion, it was moved by Council member Sally, seconded by Council member Riddle and unanimously carried to adopt Resolution 2023-17 as presented and to authorize the City Administrator to execute the Employment Agreement subject to any minor conforming and clarifying changes acceptable to the City Attorney.
G. CITY COUNCIL ITEMS OF INTEREST
Council discussed items of interest. Mayor Pro Tem Mills requested an item be agendize for the next meeting regarding mid-term improvements for safety at City Park. It was the consensus of the Council to add the item H. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator Adam Ennis provided a brief update on City related items. Chief Hall reported the Police Department provided an employee appreciation lunch to staff and their families at the City Park on Saturday May L. ADJOURN REGULAR MEETING
Mayor Alves adjourned the regular meeting at 8:00 p.m.
Christina Arias, Deputy City Clerk
AVENU FINANCIAL SYSTEM CITY OF EXETER
5/19/2023 14:16:20 Payments for Publication GL335R-V08.19 PAGE Approved on 5/18/2023 for Payments Through 5/18/2023
Vendor Name Description
POTTY RENTAL HANDICPD UN
ADA NUTST HEALTH FEL HEALTH TULARE
AFLAC
ALPHA CHARLIE EXTERMINATORS
AMERICAN INCORPORATED 320.00
AT & T 398.70
AT&T MOBILITY PW-04/03-05/02/2023 404.55
MTHLY FEE 05/01-05/31/23 32.09
865.00
BUZZ KILL PEST CONTROL APRIL PD PEST 171.00
81.00 CALIFORNIA INDUSTRIAL RUBBER 584.54
CENTRAL CAL WATERWORKS, INC 17,682.46
TRVL REIMBURSEMENT 04/18 83.58
03/18-04/18/2023 ASSE 967.23
MAY 2023 ANIMAL SVC 6,316.67
CIVICREC ANNUAL FEE 4,599.33
CRAIGS AUTO PARTS 2014 FORD EXPLR TIE ROD 1,218.04
CRD CONSTRUCTION COMPANY WATER METER SRVCE LOT 13 700.00 DELTA LIQUID ENERGY, ARRO AUTO 23.12
149.65
APRIL 2023 LIVESCAN 295.00
EMD NETWORKING SERVICES, INC. 902.82
2023 VINEYARD TABLE SPON 750.00
EXETER IRRIGATION & SUPPLY HUNTER MP2000 ROT NOZZLE 104.16 EXETER MERCANTILE CO. 206.47
2,655.14
PICTURE DAY FOR SOFTBALL 100.00
FERGUSON ENTERPRISES INC 2,685.97
248.00
FRESNO OXYGEN 142.87
92.44 2,159.32
HERR PEDERSEN & BERGLUND, LLP APRIL 2023 PERSONAL MATT 1,526.50 E-22 AND 23 EXPEDITION 750.00
INTERNATIONAL INSTITUTE 2023 CA FULL MEMBER
750.00
APRIL 2023 SVC CHECK SUB
LEAF CAPITAL FUNDING LLC KYOCERA LEAF
METER READINGS HOLDING LLC MTU WTR OD2 ENCDR 1P E 8,914.45 MOORE TWINING ASSOCIATES, INC 4,151.00
MOTOROLA SOLUTIONS, INC 5,796.65
OFFICE DEPOT 459.49
25.62 TYPE K SOFT COPPER PIPE 4,068.58
PENA'S DISPOSAL APRIL 23 PD SHREDDING
PRUDENTIAL OVERALL SUPPLY 5/4/23 UNIFORM
AVENU FINANCIAL SYSTEM CITY OF EXETER
5/19/2023 14:16:20 Payments for Publication GL335R-V08.19 PAGE Approved on 5/18/2023 for Payments Through 5/18/2023
Vendor Name Description
ROBERT HALE INTERNATIONAL INC. :, 933.1
LOAN PORTFOLIO
SILVER & WRIGHT LLP 2,095.55
245/55R18 GOODYEAR EAGLE 743.05
SOUTHERN CALIFORNIA EDISON 7269B-04/01-04/30/23 13,736.01 SOUTHERN CALIFORNIA GAS CO. 21.67
378.00
THE BANK OF NEW YORK MELLON 04/28/2023-04/27/2024 1,250.00 4,280.00
TU CO ENVIRONMENTAL HEALTH 1,425.00
TULARE COUNTY INFO TECHNOLOGY RADIO PROGRAM E21, EO
2 BLADE DI ASPLT OR GREE 260.98
UNIVAR SOLUTIONS USA INC SOD HYPO 12.5% 1,412.89
VALLEY EXPETEC JUNE MONTHLY BILLING
VERIZON WIRELESS PD-03/29-04/28/2023 1,364.12
VOLLMER EXCAVATION, I.P. 1,846.21
NEST COAST ARBORISTS, INC
2014 FUSION HANDS FREE
WIRELESS INTERNET SERVICE, INC.
Final Totals... 147,991.15
PAYROLL. ..S BI-WEEKLY RUN-05/25/2023 10.45.47 PAGE
CHECK FORM. STUB CHECK REGISTER R311R-V14.20 Paymate
PERIOD 2 DATING 5/08/2023- 5/21/2023 CHECK DATE 5/26/2023
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
51320 174.00 CLOCEA 4 1 VENDOR STUB ONLY
51321 550.00 EXETER POLICE OFFICER AS 3 VENDOR STUB ONLY 51322 182.71 EXETER POLICE OFFICER AS ЗА STUB ONLY
51323 2,145.98 ARIAS/CHRISTINA 730 NLY
51324 4,725.20 ENNIS / ADAM 206 ONLY
51325 2,887.80 ONEAL/SHONNA N 203
51326 1,328.63 CARTER/AMY JO 502
51327 1,409.26 CORREA/BIANCA 630
51328 3,398.87 PARK MOORE/YUN GYUNG 703
51329 485.59 SANCHEZ/CESILIA 307
51330 1,604.12 SANTOYO/AIDE G 710
51331 2,281.33 FRANCO/EEKHONG 304
51332 1,702.99 PHILLIPS /ZACHARY 705
S1333 1,452.62 CARRETERO/VANESSA 402
51334 2,680.98 DURKEE /MARK 404
51335 1,649.47 FELIX/ESTEVAN 704
51336 2,410.29 GIEFER/MICHAEL DAVID 438
51337 1,553.35 GONZALES/EVAN 725 ST
51338 1,077.24 GRAY/DAIZY 717
51339 3,576.41 HALL/JOHN T 406
51340 2,074.65 HAYES/CURTIS W 437
51341 2,606.96 INGLEHART/BRETT A 411
51342 2,050.73 LUJAN / JOSHUA 715
51343 1,256.81 MARX/CHRIS 706
51344 1,593.87 ROCHA/CRISTINA 731
51345 1,578.30 SAKAGUCHI /CLAUDIA D 726
51346 1,477.39 SHIELDS/ ZION 708
51347 1,589.46 VILLARREAL/ISIDRO 707
51348 2,624.74 YARBER/ISABEL 422
51349 1,453.81 ALDRIDGE/GARY 618
51350 1,445.94 ARROYO/MARIE 623
51351 1,772.31 ESPINOLA/DANIEL M 602
51352 80.18 GOLDSTROM /NORMAN 629
51353 1,639.21 HUGGINS/KYLE AARON 621
51354 3,004.17 QUALLS/DAYMON 607
51355 1,464.89 RAMIREZ/ JUAN 608
51356 784.51 WENDT /EDDIE 626
51357 1,688.16 GARVER/ELIJAH 712
51358 1,344.55 MILLAN/MARCUS 622
51359 1,323.02 MILLER/JAMES 624
51360 353.28 MIRWALD/PHILIP 625
51361 1,234.58 QUIROZ/PATRICK P 512
51362 2,260.66 PRIDEAUX/ TRACI 448
CHES FOR HE CRESTER RUN-05/25/2023 10.45.47 PAGE
PR311R-V14.20 Paymate
5/08/2023-5/21/2023 CHECK DATE 5/26/2023
DERECT DEPOS IS T0R/20 3-
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
1346 62.69 COSMAN/ DBWABURSEMENT UN 328 1 VENDOR CHECK
1347 312.49 COLEMAN/DEWAYNE 1
1348 120.24 HUTCHESON/AVRIE
1349 120.24 HUTCHESON/LUKE 723
1350 73.00 MCFALL/BLAINE 722
1351 494.53 MILLER/IVY 719
1352 151.93 VELLOR/JOBS TAYLOR/ANDREW 721
1353 732
TOTALS FOR CHECK FORM: CHEK
NEGOTIABLE CHECKS COUNTS
1,458.32 *EMPLOYEE CHECK
63.69 * VENDOR CHECKS
0.00 *BANK CHECKS
1,522.01 **TOTAL NEGOTIABLE CHECKS
OTHER CHECKS
0:00 *MANUAL CHECKS
*CANCELLED CHECKS
1,522.01 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS • 0
0.00 *VENDOR DIR DEP STUBS
City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: H4 _ City Council
Regular Session:
Wording for Agenda: Adopt Resolution 2023-18 Amending the X Consent Calendar City's Employee Rules and Regulations. Regular Item
_ Public Hearing
Submitting Department: Administration
Contact Name: Shonna Oneal, Human Resources Manager Review:
Adam Ennis, City Administrator City Administrator
Phone Number: 559-592-9244 (Initials Required)
Email: [email protected]
[email protected]
Department Recommendation:
Staff recommends that Council adopt Resolution 2023-18 as presented.
Summary/ Background:
The City Council is authorized to adopt and amend as necessary changes to the City's Employee Rules and Regulations (the "Rules"). The purpose of the Rules is to provide a fair, equitable, and legally compliant system of personnel management in a way that best manages risk and liability for the City and its employees. As with other policies, the Rules need to be updated periodically to address changes in the law, best practices, City's operations and for language clarification. In addition, the City is required to update the Rules pursuant to the provisions set forth in the agreement with the City's employment insurance provider, Employment Risk Management Authority (ERMA) by July 1, 2023.
Staff began working on a comprehensive review and update of the Rules in 2019. However, due to the COVID-19 pandemic and other organizational priorities, the project was tabled.
In August of 2022, the project resumed with another comprehensive update to include all the changes in laws passed since 2019. Staff vetted the proposed revisions through multiple rounds of review by City employee bargaining groups and management staff before bringing this item to Council for approval.
The final proposed revisions make the Rules compliant with current law, clarify and streamline the language, incorporate other best practices and make the rules consistent with existing City practices. It should be noted that a full review and update had not been conducted in a long time, so this revised version contains changes on every page of the document. The major revisions are summarized below:
Compliance with Current Law
The proposed updates contain a number of revised or entirely new sections that make them compliant with current state and federal law a few of these items had separate administrative policies, but they are being consolidated into the Rules):
• Personnel Policy - Non-Discrimination.
• Reasonable Accommodation/Interactive Process.
Policy Against Harassment, Discrimination and Retaliation. • Anti-Bullying Policy.
• Policy Against Substance Abuse in Workplace for Employees in Safety Sensitive Positions.
• Clearinghouse Rule.
• Leaves of Absence (Including Family and Medical Leave, Pregnancy Leave, Other Disability Leave, Military Leave, Victims of Domestic Violence, Time off for Voting, Bereavement Leave, School Activities, Cool-Down/Recovery Period and Benefits While on Leave).
• Lactation Accommodations.
• Substance Abuse Prevention Policy.
• Smoking/Vaping/Tobacco Use Prohibited
• Electronic Communications Resources.
• Nepotism.
Clarifying and Streamlining
The proposed update also includes modifications to the following sections to address clarification and streamlining:
• New and revised definitions.
• Language clarifications throughout the entire document. • Updates to policies regarding Hiring, Termination, Suspension, Attendance, Annual Written Performance Evaluations, Complaint Procedures and Grievance Procedures, etc.
• Definition clarifications for types of employees including Fair Labor Standards Act Status.
• Addition of Out-of-Class Pay/Appointment.
• Selection of Hearing Officers.
• Updates to Safety process and Accident Reporting Procedures.
Staff first provided the revised Rules to Department Heads. The Department Heads offered helpful perspective and thoughtful input, which was incorporated into the revisions. The revised Rules were then presented to the bargaining units as part of the "meet and confer" process.
The bargaining units conducted a thorough review and provided helpful suggested revisions to assist with this comprehensive update. Some of those revisions included additional legal compliance, tobacco use rules, a neutral third party to act as a hearing officer in disciplinary process, and language clarifications mentioned above. Both bargaining units have approved the Rules, as revised. Pending Council adoption, staff will share the updated Rules with all City employees to make them aware of the changes.
Financial Impact: The City hired special legal counsel to assist with this project. The estimated attorney's fee to update this document is approximately $5,485 that has been paid throughout the time this project has been pending through the insurance fund Prior Council/Board Actions: Previous adoption and revisions to the Employee Rules and Regulations. . Approval of Special Legal Counsel, Rachele Berglund, on April 23, 2019.
Attachments: Resolution 2023-18 - A Resolution of the City Council of the City of Exeter Amending the City's Employee Rules and Regulations.
Recommended motion to be made by Council/Board: I move to adopt Resolution 2023-18 as presented.
RESOLUTION 2023-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER AMENDING THE
CITY'S EMPLOYEE RULES AND REGULATIONS
WHEREAS, the City Council of the City of Exeter is authorized to adopt and amend as necessary employee rules and regulations; and,
WHEREAS, the City's Employee Rules and Regulations need to be updated to address changes in law, best practices, City operations, and clarifying language; and, WHEREAS, the City Council previously approved staff to work with specialized legal counsel for the review and update of the City's Employee Rules and Regulations; and, WHEREAS, Staff has drafted updates to the City's Employee Rules and Regulations of which the City's bargaining groups have reviewed and approved through the meet and confer process; and, WHEREAS, revision to the City's Employee Rules and Regulations must be adopted by the City Council in order to become effective; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does hereby resolve that the City of Exeter Employee Rules and Regulations updates attached hereto and marked as Exhibit A are hereby adopted and effective immediately and supersede the previous version of the Employee Rules and Regulations approved by Council on March 13, 2012.
Passed, approved, and adopted this 13" day of June 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
Christina Arias, Deputy City Clerk
City of Exeter
EXETER
PROTECTING, PRESERVING,
AND PROMOTING
SMALL TOWN AMERICA
Employee
Rules & Regulations
DRAFT
Revised:
CITY OF EXETER
Lity of
EXETER
PROTECTING, PRESERVING,
AND PROMOTING
SMALL TOWN AMERICA
Vision Statement
To protect, preserve and promote the historical charm of Small Town America in a safe family friendly atmosphere surrounded by natural beauty with access to year-round
outdoor activities, rich with unique traditions
and high quality of life.
Mission Statement
In partnership with the community, the City of Exeter
strives to protect, preserve, and promote the best quality of life enjoyed by the residents and visitors with teamwork, transparency and collaboration in a
fiscally sustainable manner.
II
TABLE OF CONTENTS
EMPLOYEE RULES AND REGULATIONS
CHAPTER 1 GENERAL
Section 101 Adoption and Application of Rules & Regulations 1 Administration of the Merit System 1
103 1
104 Personnel Policy - Non-Discrimination 1
105 Employment Constitutes Acceptance of Rules 2
106 Violation of Rules 2
2 CHAPTER 2 - DEFINITIONS
3 Section 201 Definition of Terms
CHAPTER 3 EMPLOYMENT
Section 301 Citizenship
302 Residence Requirements
303 Age
304 Recruitment
305 Application
306 Reasonable Accommodation
307 Selection Process
308 Examination Procedures
309 Eligible Lists and Certification
310 Categories of Appointment
311 Reappointment
312 Classification Plan
313 Employee Performance Reports
314 Transfer
315 Promotion
316
317 Suspension or Reduction in Pay
318
319 Policy Against Harassment, Discrimination and Retaliatior 320 Policy lying substance Abuse in Workplace fol
321
Employees in Safety Sensitive Positions
III
CHAPTER 4 - COMPENSATION AND HOURS
Section 401 Employee Compensation Plan 36
Administration and Review of
Employee Compensation Plan 36
Application of Salary Ranges and Rates 36
Advancement Within Salary Range 37
405 Reduction in Classification 38
406 Standard Work Week 38
407 Exceptions to Standard Work Week 38
408 Attendance 38
409 Pay Periods and Pay Days 39
410 Computation of Salary 39
411 Overtime Policy: Definition 39
412 Overtime Compensation 39
413 Overtime Compensation - For Employees
on a Standard Work Week 39
414 Standby Compensation 39
Overtime Not Applicable 40
Overtime Compensation - Police Officers 40
Overtime Conditions Local Peril or
Disaster 40
418 Deductions 40
419 40
Compensation for Work on Paid Holidays 41
424 Bilingual Faiday 42
43 426 Out-of-Class Appointment
CHAPTER 5 - PROBATIONARY STATUS
Section 501 Probationary Period 45
Objective of Probationary Period 45
503 Probationary Employee Performance Reports 45
Rejection of Probationary Employee 45
CHAPTER 6 -- ANNUAL VACATION LEAVE
Section 601 Purpose of Annual Vacation Leave 47
602 Eligibility for Annual Vacation Leave 47
603 Accrual of Annual Vacation Leave 47
604 Accumulation of Annual Vacation Leave 48
605 Scheduling of Vacation Leave 48
606 Working During Annual Vacation Leave 49
IV
607 Holidays Within Vacation Leave 49
608 Illness Within Vacation Leave 49
609 Payment of Annual Leave Upon Termination 49
CHAPTER 7-- SICK LEAVE
Section 701 Statement of Policy
702
703 cumulation of Sick Leav
704 Iolidays Within Sick Leav
705
706 Dates set in ene
707
708
709 Workers' Compensation
710 Sick Leave Buy Out 52
CHAPTER 8 -- OTHER LEAVES OF ABSENCE
Section 801 Leave of Absence Without Pay 53
802 Absence Without Leave 53
803 Leave of Absence Death Outside the
Immediate Family 53
804 Personal Leave (Taken from Accrued Sick Leave) 54
805 54
Subpoenas - Leave of Absence 55
806
807 Leave for Attendance at Workers' Compensation
Appeals Board, OSHA Commission Hearing or
Related Physical Examinations 55
808 55
809 55
810 56
811 58
812 60
813 61
814 61
815 Victims of Domestic Violence 61
816 62
817 62
818 62
819 Cool-Down/ Recovery Period 62
820 Benefits While on Leave 63
CHAPTER 9-- TERMINATION OF EMPLOYMENT
Section 901 Termination - Resignation
902 ermination - Absent Without Leav
903 ermination - Lack of Work or Fund
904 Termination - Non-Disciplinary Action
905 Termination - Disciplinary Action
V
906 Retirement - Applicable Regulations 65
907 Retirement -Early Retirement 65
CHAPTER 10-- DISCIPLINARY PROCEEDINGS
Section 1001 Policy Coverage 66
1002 Causes for Discipline 66
1003 Administrative Leave 67
1004 Types of Discipline 67
1005 Skelly Process 68
006 Evidentiary Appea 69
CHAPTER 11-- GRIEVANCE PROCEDURES
Section 1101 Purpose of Chapter 74
1102 Representation and Regulations 74
1103 Employee Grievance Procedure 74
1104 Conduct of Grievance Procedure 76
CHAPTER 12-- ACCIDENT PREVENTION PROGRAM
Section 1201 Safety 78
1202 General Policy 78
1203 Basic Principles 78
1204 General Responsibilities 79
1205 Safety Committee 79
CHAPTER 13-- ACCIDENT INVESTIGATION
Section 1301 General Policy 82
1302 Types of Incidents 82
1303 Objectives 82
1304 Procedures 82
1305 File Copies 83
CHAPTER 14-- ACCIDENT REPORTING PROCEDURES
Section 1401 Reporting Procedures 84
1402 Employee Injury 84
CHAPTER 15-- AUTO ACCIDENTS
Section 1501 If You Have an Automobile Accident 86
CHAPTER 16- ACTIONS ON SAFETY VIOLATIONS
Section 1601 Policy for Disciplinary Action on Safety Violations 88 CHAPTER 17-- SAFETY RULES AND REGULATIONS
Section 1701 General Safety Rules 89
VI
CHAPTER 18-- SAFETY PROGRAM
Section 1801 Purpose 91
1802 Responsibilities - /Department Heads 91
1803 Duties - Department Heads 91
1804 Equipment 92
CHAPTER 19-- MISCELLANEOUS
Section 1901 Reports of Change of Status
1902 Damage Claims
Gratuities
1904 Outside Employment
1905 Education Benefits
1906 Compensation for Use of Private
Automobile in City Business
Uniform allowance
Political Activities
Conflicts of Interest
Health Plan
Miscellaneous Provisions
Safety Shoes
Pay Plan
1914 Disability Plan
1915
Substance Abuse Prevention Policy
Smoking/ Vaping/ Tobacco Use Prohibited
1919 Electronic Communications Resources
1920 Nepotism
VII
MERIT STANDARDS SYSTEM OF RULES AND REGULATIONS
CHAPTER 1- GENERAL
SEC. 101 ADOPTION AND APPLICATION OF RULES AND REGULATIONS The following rules and regulations have been adopted by the City Council of the City of Exeter in order to establish equitable and uniform procedures for dealing with personnel matters and to assure that appointments and promotions of employees will be based on merit standards basis which will serve to attract to municipal service the most competent persons available.
Various provisions previously contained within the Rules & Regulations are now covered by individual employee bargaining unit Memoranda of Understanding (MOU). Provisions contained within MOUs that were negotiated after the adoption of these Rules & Regulations supersede conflicting or duplicated provisions that may be contained herein. Notations immediately following Section numbers guide the reader to the appropriate Articles contained within current bargaining unit MOUs of the Exeter Police Officer's Association (Police Unit) and the Service & Maintenance employees (SERVICE AND MAINTENANCE UNIT). When a notation refers to a specific MOU article, that document should be used as the primary source of information for employees covered by that MOU.
SEC. 102 ADMINISTRATION OF THE MERIT SYSTEM
The City Administrator or their designee shall administer the merit personnel system; shall have the power to appoint all officers and employees of all City departments; to remove same for cause and to exercise general control and supervision over same subject to these rules and regulations. The City Administrator may delegate any powers and duties conferred upon them under this Chapter to any other officer or employee of the City.
SEC. 103 PURPOSE AND POLICY
The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal service. These rules set forth in detail those procedures which ensure similar treatment for those who compete for original employment and promotion and define many of the obligations relating to wages, benefits, and prohibitions placed upon all employees in the municipal service.
SEC. 104 PERSONNEL POLICY - NON-DISCRIMINATION
The City shall not discriminate against any applicant or employee on the basis of race, color, creed, age, gender, national origin, ancestry, political affiliation, domicile, marital status, physical disability, mental disability, medical condition, genetic information, gender identity, gender expression, sexual 1 orientation, military and veteran status, membership of an employee organization, or participation in the activities of an employee organization.
Employment application forms shall bear no coding designed to identify race, creed, color, political or religious affiliations, unless specifically identifiable as research, study projects, or information needed for meeting Affirmative Action Goals or for showing compliance with *EEOC and **OFCC Requirements.
SEC. 105 EMPLOYMENT CONSTITUTES ACCEPTANCE OF RULES
In accepting employment with the City of Exeter, each employee agrees to be governed by and to comply with the merit personnel system rules and regulations, administrative rules and regulations established by the City Administrator and directives of the department in which employed. All employees holding a position in the municipal service on the effective date of the resolution shall be subject to these rules and regulations.
SEC. 106 VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds for rejection of application, disciplinary action of counseling memo, verbal reprimand, written reprimand, demotion, suspension, reduction in pay, demotion or dismissal.
SEC. 107 SEVERABILITY
If any rule, section, paragraph, sentence, clause, or phrase of these Rules is declared unconstitutional or void for any reason, such decision shall not affect the validity of the remaining portions of these Rules. The City Council hereby declares that it would have prescribed these Rules and each rule, section, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more of same be declared unconstitutional or void.
*Equal Employment Opportunity Commission
**Office of Federal Contract Compliance
2 CHAPTER 2 - DEFINITIONS
SEC. 201 DEFINITION OF TERMS
The following terms whenever used in these rules and regulations, shall be defined as follows:
Administrative Leave shall mean time off taken with or without pay, depending on circumstances.
Applicant shall mean a person who has made formal application for a position in the City service.
Classification shall mean the evaluation of the duties and responsibilities of a position and the allocation of the position to a class based on its duties and responsibilities.
Classification Plan shall mean a list of titles of the classes of all regular positions in the municipal service and a written specification shall include the class title and general description of the work, a summary statement of duties and responsibilities, and desirable qualifications for appointment, and may include such other pertinent information as the City Administrator may deem desirable.
Continuous Service shall mean employment on a regular basis which is not interrupted by terminations, or leaves of absence without pay for a period in excess of one year, other than military leave.
Compensatory Time shall mean time off taken in lieu of overtime pay.
Discharge shall mean disciplinary termination of employment from the City service by the City Administrator or their designee, pursuant to the Merit System Rules and Regulations.
Disciplinary Probation shall mean a form of disciplinary action, as distinguished from probation for new employees as set forth in SEC. 5O1, for a specified time not to exceed one year. Persons placed on disciplinary probation may be terminated for failure to meet require- ments. Rights, benefits, and privileges shall be reduced in conformance with SEC. 1004.
Demotion shall mean the movement of an employee from one class to another class having a lower maximum rate of pay.
Eligible shall mean an applicant for an open or promotional position or class who has successfully completed the qualification process and been placed on the eligible list for that class.
3 Eligible List shall mean an official list of persons who have successfully participated in an open or promotional recruitment or examination process, arranged in order of scores, who are eligible for certification for a specific position in the City service.
Employee shall mean a person legally occupying a position in the service of the City.
Examination
a. Open competitive examination shall mean an examination for a particular class, admission to the class being open to all persons meeting the minimum qualifications for the class.
b. Promotional examination shall mean an examination for a particular class, admission to the examination being limited to regular and probationary employees of the City who meet the minimum qualifications.
c. Continuous examination shall mean an open competitive examination which is administered periodically. As a result, names are placed on an eligible list, in rank order of final scores. Such a list shall remain in effect for one year, unless another examination for the same class shall have occurred during that year. In that case, those names remaining on the original list shall be integrated with the new list until one year from the date the original list was established. If a new examination process is utilized, those names remaining on the original list shall be given the opportunity to go through the new examination process. If they are successful, they shall be eligible to remain on the new list one year from the date of the new examination in rank order of score.
Lay Off shall mean termination of employment due to lack of work or funds (see SEC. 903 Lay-off Procedures).
Leave of Absence shall mean an authorized absence from duty for a specified period granted pursuant to the Rules and Regulations of the City of Exeter (see SEC. 801).
Management shall mean any position designated as such by the City Administrator or City Council. Generally, a position that serves as a department head (or assistant department head) and/or who reports directly to the City Administrator.
Minimum Qualifications shall mean those qualifications which are stated in the class specifications as necessary entrance requirements for a person appointed to a specific class/position.
Non-Pay Status shall mean the period in which an employee is not at work and has been granted a leave of absence without pay.
4 Pay Status shall mean the period in which an employee is at work, on vacation leave, sick leave, compensation leave as the result of an industrial accident, leave with pay in lieu of temporary disability benefits, compensatory time off, paid temporary military leave of absence, or on approved leave of absence with pay.
Probationary Period shall mean the period following the date of appointment to a position in the City service during which time an employee's performance is evaluated to determine suitability for continued employment and the granting of regular status for the class.
Promotion shall mean the movement of an employee from one class to another class having a higher rate of pay. A promotion, if within ninety (90) days of a scheduled step increase, shall not affect an employee's anniversary date.
Salary Range shall mean a series of progressive steps between a specific minimum and maximum rate within a specified class.
Salary Schedule shall mean the composite of all salary ranges assigned to specific positions in the City.
Shift Personnel shall include all personnel assigned to the Exeter Police Department whose schedule is controlled by the operational demands of that particular Department.
Suspension shall mean the temporary removal of an employee from a pay status for reasons of pending disciplinary action, for disciplinary action, for disciplinary reasons or for other just cause.
Termination shall mean the separation of an employee from the City's employment.
Termination may be by death, discharge, reduction in force, resignation, retirement, work completion, lack of work or funds, or for non-disciplinary reasons as specified in SEC. 904.
Transfer shall mean the movement of an employee from one job classification to the same or similar job classification that is closely related to and comparable in duties, minimum qualifications, and salary to the current position held. A lateral transfer shall not affect an employee's anniversary date.
5 CHAPTER 3 - EMPLOYMENT
SEC. 301 CITIZENSHIP
Employment is open to qualified individuals. Police Officers shall be required to be citizens of the United States or otherwise authorized to work in the United States. All other employees must comply with the Immigration Control and Reform Act of 1986.
SEC. 302 RESIDENCE REQUIREMENTS
Employees shall not be required, as a condition of employment, to live within the Exeter City limits. However, to facilitate response during emergency situations, employees may be requested to live within a reasonable distance from the City of Exeter as established by the City Administrator and Department Head. Residence requirements for sworn police officers are described in the Department's policy manual.
SEC. 303 AGE
The following rules regulating age prior to employment with the City are subject to change as the retirement system requirements change, or requirements of the law. a. Sworn Police Officers shall 21 years of age or older at the time of employment; all other employees shall be a minimum age of 18 years and no maximum age is established.
If applicant is under 18 years of age, the law requires that individual to meet one of the following requirements:
(1) High school graduate or GED; or
(2) Possess a work permit.
SEC. 304 RECRUITMENT
Recruitment for qualified applicants will be conducted as necessary in order to ensure the City has available applications of interested, qualified persons for possible employment. There are multiple types of recruitments, which include:
1. Open Recruitment: Open recruitments are general recruitments for which any person meeting the qualifications of the position may apply.
2. Continuous Recruitment: Continuous recruitments have no fixed filing deadline; they are of sufficient duration to assure the City's applicant needs are met. They are general recruitments for which any person meeting the qualifications of the position may apply. A continuous recruitment may be closed at any time.
6 3. Promotional Recruitment: Promotional recruitments are limited recruitments. Applicants must be currently employed with the City. Individuals who have been laid off and whose name is on an active reemployment list are also eligible to apply.
The notices of employment opportunities shall be publicized by posting announcements in the City Hall on official bulletin boards and on the City's website for the duration of the filing period stated in the announcement. Advertisements may be made through social media, placed in newspapers and recruiter magazines or through reputable agencies offering the services which will bring response from qualified persons and by such other methods as the Human Resources Manager deems necessary.
Special recruiting shall be conducted, if necessary, to help ensure that all segments of the community are aware of the available employment opportunities. Job announcements shall be prepared and specify a title and salary range of the class for which the City is recruiting, the nature of the work of the class and the manner (filing period) of making applications, a tentative date for the selection procedure, a brief statement concerning the duties of the position, and the selection process, the knowledge, skills and other job-related requirements for the class and special conditions of employment.
If the recruitment is cancelled, a notice so indicating shall be posted on all official bulletin boards and the City's website.
SEC. 305 APPLICATION
All candidates for employment shall file an application on an official City application form and any additional official application materials for that recruitment. All applications must be signed, or digitally signed, by the person applying. The official application and materials, if any, shall be received by Human Resources on or before the date and time published in the announcement.
Completed applications shall become the property of the City. They shall not be returned to the individual. Applications filed through the competitive process may be destroyed as set forth in the City's Records and Retention Policy.
The Human Resources Manager may reject any application or may withdraw anyone from consideration whose appointment will be contrary to the best interest of the City. Reasons for removal may include but shall not be limited to the following deficiencies:
a. Does not possess the minimum qualifications required by the position. b. Deception or fraud in making the application.
7 c. Dismissal from any employment for cause; resigned from employment not in good standing and/or in lieu of dismissal for cause; improperly used or attempted to use any personal or political influence to further their eligibility or appointment. d. Request by an applicant that their name be withdrawn from consideration. e. Failure to reply within a reasonable time, as specified by the Human Resources Manager, to communication regarding potential availability for employment.
SEC. 306 REASONABLE ACCOMMODATION
The City will provide reasonable accommodation for qualified applicants and employees with a physical or mental disability that allows them to perform the essential functions of their jobs, unless the reasonable accommodation would cause an undue hardship for the City.
Reasonable Accommodations
Reasonable accommodation can include, but is not limited to, the following:
• Changing job duties
• Providing leave of absence
• Changing work schedules
• Relocating the work area
• Providing mechanical or electrical aids
Requesting Reasonable Accommodation
Applicants or employees with disabilities must request reasonable accommodation. Such requests should be directed to the Human Resources Manager or Personnel Officer.
Interactive Process
Once an accommodation has been requested or, if the City becomes aware of the possible need for an accommodation, the City will initiate an interactive process. The purpose of the interactive process is to identify work-related restrictions or limitations, their expected duration and potential reasonable accommodations that will allow the employee to perform the essential functions of the job.
The process requires open communication between the City and affected employee so that an individualized assessment of both the job and the specific physical or mental limitations of the individual can be completed to determine if a reasonable accommodation can be made.
SEC. 307 SELECTION PROCESS
The technique used in the selection process shall be impartial, and will use job-related material that fairly measures the relative abilities of the persons being examined to execute the duties and responsibilities of the class to which they seek to be appointed. The selection material shall be assembled and prepared under the direct supervision of the City Administrator or designee. 8 Upon request by the City Administrator, departmental officials and/or employees shall assist in developing selection material. Examinations shall consist of selection techniques that test fairly those qualifications of candidates such as, but not necessarily limited to, verbal tests, written tests, evaluation of daily work performance, work samples, successful completion of prescribed training, or any combination of these or other tests. Each candidate in an examination shall be given a written notice of the results thereof and, if successful, of their final earned score and rank on the eligible list. (Any candidate, on a written examination, shall have the right to inspect their answer sheet and the correct answer over-lay.) Any error in computation if called to the attention of the Human Resources Manager shall be corrected. Such correction shall not, however, invalidate appointments previously made. All candidates who successfully complete the examination process shall be ranked on the employment list and certified eligible per Section 3.09 for appointment. Selection for appointment shall be made by the appointing Department Head with the concurrence of the City Administrator, from the certified eligibility list.
Names of persons applying for City positions, their applications or the evaluation of their participation in any selection process shall not be made public.
Application forms are deemed officially received when they bear the Human Resources Department's Date Stamp.
During periods when eligible lists do not exist for any class or a need to recruit does not currently exist, persons interested in employment for any class may complete an official City interest card. Notice shall be mailed to the card addressee when recruitment starts for the class.
Cards shall remain on file 6 months or until the notice is mailed, whichever comes first. The interest card filer shall be responsible for changes of address on the interest card.
SEC. 308 WRITTEN EXAMINATION PROCEDURES
Any applicants who have been authorized to participate in the examination process but who arrive ten or more minutes later than the announced time may not be allowed to participate.
Identity of the examinees will be kept confidential and will not be known by the testers until after scoring and the qualifying level is established. Numerical identification or other means will be used to maintain confidentiality.
SEC. 309 ELIGIBLE LISTS AND CERTIFICATION
Establishment of Eligible Lists. The Human Resources Manager shall establish eligible lists as a result of open or promotional examinations. They shall be confidential; names and final scores shall not be made public information.
a. Open or promotional eligible lists shall remain in effect for a period of one year unless exhausted at an earlier date. An eligible list may be extended for a period not greater than an additional year by the Human Resources Manager when it appears to be in the best interest of the City.
b. The Human Resources Manager may terminate an eligible list when fewer than three names remain on the list, when a certification of active eligibles is not available or, in the opinion of the Human Resources Manager, an eligible list does not meet the needs of the City.
c. The name of an eligible may be removed from an eligible list by the Human Resources Manager:
1. If the eligible cannot be located by the postal authorities;
2. On receipt of a statement from the eligible indicating no further interest in the class;
3. An offer of employment has been rejected by the eligible;
4. If three certifications for employment have failed to result in selection and appointment;
5. Who fails to submit to, or pass the qualifying medical examination, psychological examination, or background process required by the class' or
6. For any cause in these Rules and Regulations deemed sufficient for disqualification of application or dismissal from City service. d. Whenever a vacancy exists or a vacancy is anticipated, the Department Head shall make a written request, on the form provided by the Human Resources Manager, for approval to fill the position.
Certification is the process in which applicants on eligible lists are referred to the hiring department for hiring consideration. The Human Resources Manager will certify persons on the appropriate eligible list in accordance with these Rules and Regulations. a. Certification of names on an open or promotional list shall be in alphabetical order.
The top five names and addresses appearing on the list shall be certified as follows:
five names plus the number of vacancies. In case of tied scores, all those tied shall be certified. Where the number of eligibles is less than five, the Human Resources Manager shall certify those names remaining on the list, except when the number of eligibles is less than three (see (b) above).
b. After receipt of certification, the Department Head shall proceed with a job-related interview with selected candidates based off certified eligible list. The Department Head may review the application forms and examination papers. Reports on file with 10 the Human Resources Manager and reference checks may be used prior to the actual offer of employment.
The Department Head shall write job-related comments on the certification form for each eligible interviewed.
c. Rejection of all certified eligibles. Such action would only occur: 1) if the certified eligibles were the only remaining names certified on an eligible list; or 2) the certified eligibles did not possess specific knowledge or skills required by the department. In either case, the Department Head must submit to the Human Resources Manager, in writing, cause for rejection of each eligible. Additional certification of names to the Department Head in these situations may be approved by the City Administrator. d. After the appointment has been made, the selection shall become effective when a selected applicant has signed all official hiring documents required by the City. The Department Head should notify all other participants that a selection has been made.
All appointments must be approved by the City Administrator.
SEC. 310 CATEGORIES OF APPOINTMENT
Employment with the City is divided into the following categories:
a. Regular
Regular employees are those who have been appointed to an authorized position on the Salary Schedule, who have successfully completed a probationary period. Regular employees may be appointed to full-time or part-time positions. Full-time is defined as regularly assigned to work and regularly works 30 or more hours per workweek.
The City Administrator shall be considered a regular employee and shall be subject to all provisions of these rules and regulations except Chapters 10 and 11. b. Probationary
Probationary employees are those who have been through the regular examination process and have been appointed to an authorized position on the Salary Schedule, but have not completed the prescribed probationary period.
c. Hourly
Hourly employees are those appointed to an extra-help position. The hourly employee is paid on an hourly basis for time actually worked. Hourly employees are not eligible for any City benefits except those mandated by State and/or Federal law. 11 The hourly employee or the City can, at any time, terminate the at-will employment relationship without cause or right to appeal or grievance procedures, except as otherwise provided by law.
d. At-Will/Probationary
An at-will or probationary employee is a person who is appointed to the position of City Administrator or Department Head; serves as an hourly employee or under a contract; or any other specifically designated position. Employees in this category do not hold regular status and serve at the discretion or direction of the City Council, City Administrator or Department Head, and may be demoted, reduced in pay, suspended or terminated at any time without cause or right to review or appeal, except as otherwise provided by City Ordinance 2.08.100 and 2.08.060 (C) and/or applicable law.
e. Fair Labor Standards Act Status
Exempt employees are those employees who meet at least one of the exemptions from overtime under the FLSA (e.g., executive, administrative, professional) and who meet the salary basis test. The exempt employee is compensated in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as authorized by law or City Rule or Regulation.
Non-Exempt employees are those employees in positions that do not qualify for exemption from the overtime provisions of the FLSA. Non-exempt employees are entitled to FLSA overtime, regardless of whether paid on a salary or hourly basis.
Non-exempt employees, excluding public safety employees, have a seven (7)-day, forty (40)-hour work period, and are paid overtime pursuant to the FLSA and in accordance with any applicable MOU.
SEC. 311 REAPPOINTMENT
With the approval of the appointing power and the City Administrator, a regular employee or probationary employee who has completed at least six months probationary employment and who has resigned with a good record may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reappointment, the employee shall be subject to the probationary period described for that class. No credit for former employment shall be granted in computing salary, vacation, sick. leave or other benefit except on a specific recommendation of the authority and approval of the City Administrator at the time of reappointment.
SEC. 312 CLASSIFICATION PLAN
Purpose:
12 The classification plan is utilized for: 1) decision-making on compensation selection (equal pay for equal work); 2) employee development; 3) career development; and 4) in a broader sense becomes the basis for many other personnel documents and personnel functions (flyers, tests, class specifications, performance evaluations, etc.).
Function:
a. Classifications are continually reviewed on the basis of some type of job analysis.
How this "analysis" comes about is detailed further on in this section. b. Classification of positions - Each position is allocated to a particular classification based on its job characteristics, difficulty and responsibility. c. New positions classified - When the City is contemplating creating a new position, the Human Resources Manager will prepare a job analysis and class specification, meet and confer when required by law and present it to Council for approval. d. Classification change - When changes occur within a department that significantly affect the duties and responsibilities of any position, the Department Head shall report these facts to the Human Resources Manager, who shall make a study of the duties of the position and its relationship to other classes. This study may consist of a Position Audit or a more complex Job Analysis as determined by the Human Resources Manager.
e. Such class studies may be done once a year, every six months, quarterly, etc., as determined by the Human Resources Manager.
f. The Human Resources Manager will then review the study and, after meeting and conferring when required by law, make recommendations to the Council. g. The Human Resources Manager may initiate a class study if they identify a need, but shall consult with the Department Head before doing so. h. Specifications - as a result of class studies and/or job analysis, each position shall have a specification written for it. The Department Head may disagree with such specification and confer with the Human Resources Manager to resolve the problem.
If no solution is found, the matter may be brought to the City Council. The Council in any case shall adopt and approve each class specification. i. Each Specification shall include:
1. The class title; and
2. A brief description of the scope, nature, and responsibility of the class, a description of the task or duties generally performed in the position along with 13 the statement "and other related tasks as required;" a statement of the minimum qualifications, including education (or equivalent experience); other experience, knowledge, skills, physical characteristics (this doesn't have anything to do with passing a physical; and other desirable qualifications. j. Notwithstanding, if after a reasonable effort, qualified people cannot be recruited, the Council may, upon recommendation by the Department Head and the concurrence of the Human Resources Manager, waive any one or more of the class specification requirements with respect to any position.
SEC. 313 EMPLOYEE PERFORMANCE REPORTS
The continuation of employment of any employee of the City is entirely dependent upon the maintenance of high standards of work quality and production, good behavior, and the necessity for the performance of the work and availability of funds.
A Performance Report of each regular employee shall be made not less than once yearly by the Department Head or Supervisor on "City of Exeter Employee Performance Evaluation" forms, developed by Human Resources, and forwarded to the City Administrator's office.
This does not preclude the Supervisor/Department Head from completing a special performance evaluation report at any time during a reporting year.
SEC. 314 TRANSFER
Any employee may be transferred voluntarily or involuntarily from one department to another within the City. However, the employee to be transferred must meet the minimum requirements for the employee's new classification. A lateral transfer shall not affect an employee's anniversary date.
SEC. 315 PROMOTION
a. It is the expressed policy of the City to encourage the advancement of personnel within the organization, and promotional examinations for vacancies will be conducted as the needs of the City require. Promotional opportunities, available to City employees, will be posted on bulletin boards selected by Human Resources at least five working days before the selection is made. A promotion, if within ninety (90) days of a scheduled step increase, shall not affect an employee's anniversary date. b. Police Department promotions, based on the City's unreviewable discretion, shall be on a competitive or promotional basis,.
14 SEC. 316 DEMOTION
A voluntary demotion is movement to a job classification with a lower maximum rate of pay based on an employee's request. Requests must be made in writing to the Human Resources Manager.
An involuntary demotion is the movement of an employee to a lower job classification as part of a reorganization, reduction in workforce, or for cause.
No employee shall be demoted to a position for which the employee does not possess the minimum qualifications.
SEC. 317 SUSPENSION OR REDUCTION IN PAY
Suspension is the removal of an employee from their duties for cause and is without pay.
A reduction in pay may take two forms: (1) a decrease in salary to a lower amount within the salary range; or (2) a decrease in salary for a fixed period of time.
SEC. 318 • DRIVER'S LICENSE
All City of Exeter employees who drive as an essential job function and, as a requirement for employment, must hold a valid State of California operator's license. The City of Exeter pays any difference between the cost of a regular Class C driver's license and a commercial driver's license, provided that a commercial license is required in the performance of their duties. The City agrees to pay the full cost of the physical examination required to comply with State regulation.
SEC. 319 POLICY AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION
1. PURPOSE
The City is committed to providing a professional work environment free from discrimination and harassment, including discrimination and harassment based on a protected category, and an environment free from retaliation for participating in any protected activity covered by this policy.
The City is committed to providing equal employment opportunities to all employees and applicants for employment. Accordingly, we have adopted and maintain this anti-discrimination policy designed to encourage professional and respectful behavior and prevent discriminatory and harassing conduct in our workplace. We will implement appropriate corrective action(s), up to and including formal discipline, in response to misconduct--including violations of this policy--even if the violation does not rise to the level of unlawful conduct.
15 The City prohibits discrimination or harassment based on the following categories: race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability,' medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law. In addition, the City prohibits retaliation against a person who engages in activities protected under this policy. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities under this policy.
All employees are expected to assume responsibility for maintaining a work environment that is free from discrimination, harassment and retaliation. Employees are required to promptly report conduct they believe violates this policy so that we have an opportunity to address and resolve any concerns.
Managers and supervisors are required to promptly report conduct that they believe violates this policy. We are committed to responding to alleged violations of this policy in a timely and fair manner and to take appropriate action aimed at ending the prohibited conduct.
2. SCOPE OF PROTECTION
This policy applies to City applicants and employees (coworkers, supervisors and managers). As used in this policy, the term "employee" includes contractors and volunteers in our workplace. In addition, this policy extends to conduct with a connection to an employee's work, even when the conduct takes place away from the City's premises, such as a business trip or business-related social function.
3. APPLICANT/EMPLOYEE RIGHTS
• The right to a discrimination, harassment, and retaliation-free work environment. • The right to file a complaint of discrimination, harassment, or retaliation. Employees are expected to report inappropriate conduct immediately and, whenever possible, to put the complaint or concern in writing.
• The right to a full, impartial and prompt investigation by a City representative or designee into allegations of conduct that would violate this policy.
• The right to be timely informed of appropriate information related to the outcome of an investigation either as a complainant or a respondent in the investigation. • The right to be represented by a person of the complainant's choosing at each and all steps of the complaint process.
• The right to be free from retaliation or reprisal after filing a good-faith complaint or participating in the complaint process.
1 The City recognizes and supports the obligation to reasonably accommodate employees with disabilities or religious beliefs or practices in order to allow those employees to perform the essential functions of their jobs. If an employee believes they need a reasonable accommodation based on disability or a religious belief or practice, the employee should discuss the matter with their Supervisor or the Human Resources 16 • The right to file a complaint directly with the California Civil Rights Department, the federal Equal Employment Opportunity Commission or other appropriate state or federal agencies, or to file a civil action in the appropriate court.
4. CONDUCT PROHIBITED BY THIS POLICY / DEFINITIONS
A. Discrimination:
As used in this policy, discrimination is defined as the unequal treatment of an employee or applicant in any aspect of employment, including discrimination based solely or in part on the employee's, or applicant's, protected category or perceived protected category. Protected categories include: race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, and any other status protected by state or federal law.
Discrimination includes unequal treatment based upon the employee or applicant's association with a member of these protected classes.
Discrimination may include, but is not necessarily limited to: hostile or demeaning behavior towards applicants or employees because of their protected category; allowing the applicant's or employee's protected category to be a factor in hiring, promotion, compensation or other employment related decisions unless otherwise permitted by applicable law, and providing unwarranted assistance or withholding work-related assistance, cooperation, and/or information to applicants or employees because of their protected category.
B. Harassment:
As used in this policy, harassment is defined as disrespectful or unprofessional conduct, including disrespectful or unprofessional conduct based on any of the protected categories listed above.
Harassment can be verbal (such as slurs, jokes, insults, epithets, gestures, or teasing), visual (such as the posting or distribution of offensive posters, symbols, cartoons, drawings, computer displays, or emails), or physical conduct (such as physically threatening another person, blocking someone's way, making physical contact in an unwelcome manner, etc.).
C. Sexual Harassment:
As used in this policy sexual harassment is defined as harassment based on sex or conduct of a sexual nature, and includes harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity or gender expression. It may include all of the 2 For example veterans preference as permitted under Government Code 18973.1. 17 actions described above as harassment, as well as other unwelcome sex-based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, or other verbal or physical conduct of a sexual nature. Sexually harassing conduct need not be motivated by sexual desire and may include situations that began as reciprocal relationships, but that later cease to be reciprocal.
Sexual harassment is generally categorized into two types:
(1) Quid Pro Quo Sexual Harassment ("this for that")
• Submission to sexual conduct is made explicitly or implicitly a term or condition of an individual's employment.
• Submission to or rejection of the conduct by an employee is used as the basis for employment decisions affecting the employee.
2) Hostile Work Environment Sexual Harassment
• Conduct of a sexual nature or on the basis of sex by any person in the workplace that unreasonably interferes with an employee's work performance and/or creates an intimidating, hostile or otherwise offensive working environment.
• Examples include:
• Unwelcome sexual advances, propositions, sexually motivated contact, sexually suggestive or obscene letters, invitations, notes, emails, voicemails or gifts. • Sex, gender or sexual orientation-related comments, slurs, jokes, remarks or epithets. • Leering, obscene or vulgar gestures or making sexual gestures.
Displaying or distributing sexually suggestive or derogatory objects, pictures, cartoons, or posters or any such items.
• Impeding or blocking movement, unwelcome touching or assaulting others. • Any sexual advances that are unwelcome as well as reprisals or threats after a negative response to sexual advances.
• Conduct or comments consistently targeted at one gender, even if the content is not sexual.
D. Retaliation:
As used in this policy retaliation is defined as any adverse employment action taken against an employee because the employee engaged in activity protected under this policy. Protected activities may include, but are not limited to, good-faith reporting or assisting in reporting suspected violations of this policy and/or cooperating in investigations or proceedings arising out of a violation of this policy.
Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee's employment status or is reasonably likely to deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.
Examples of retaliation under this policy include but are not limited to: demotion; suspension; reduction in pay; denial of a merit salary increase; failure to hire or consider for hire; refusing to 18 promote or consider for promotion because of reporting a violation of this policy; harassing another employee for filing a complaint; denying employment opportunities because of making a complaint or for cooperating in an investigation; changing someone's work assignments for identifying harassment or other forms of discrimination in the workplace; treating people differently such as denying an accommodation; or not talking to an employee when otherwise required by job duties, or otherwise excluding the employee from job-related activities because of engagement in activities protected under this policy.
5. TRAINING REQUIREMENTS
Every two years, all employees must attend Sexual Harassment Prevention and Workplace Civility training (two hours for supervisory employees; one hour for non-supervisory employees) aimed at increasing their understanding of and preventing workplace sexual harassment (including harassment on the basis of sexual orientation, gender identity, and gender expression) and their role in creating an underlying culture of mutual respect in our workplace. Specific components of the training include how to promptly and effectively respond to sexual harassment when it occurs, the effects of abusive conduct in the workplace, and ways to appropriately intervene if one witnesses behavior that is not in keeping with this policy. The training is provided by trainers who, in addition to the other requirements required by law, have the ability through training or experience to train supervisors on how to identify, investigate, report, and respond to unlawful harassment, discrimination, and retaliation in the workplace.
6. ADDRESSING AND REPORTING VIOLATIONS OF THIS POLICY
Any employee or applicant who experiences or witnesses behavior they believe violates this policy is encouraged to immediately tell the offending individual the behavior is inappropriate and, if they feel comfortable doing so, to tell the offending individual to stop the behavior. The applicant or employee must also immediately report the alleged violation to their supervisor, manager or the Equal Employment Opportunity ("EEO") Officer. There is no chain of command when contacting the EEO Officer; an individual does not need supervisor or manager approval to do this. If the alleged offender is the employee's supervisor or manager, the employee should report the conduct to any other supervisor, manager or the EEO Officer. A complaint may be brought forward verbally or in writing.
Written complaints can be made using the EEO Complaint Form (attached to this policy).
Supervisors or managers who learn of any potential violation of this policy are required to immediately report the matter to the EEO Officer, and must follow that officer's instructions as to how best to proceed.
The City will promptly look into the facts and circumstances of any alleged violation, as appropriate.
Even in the absence of a formal complaint, the City may initiate an investigation where it has reason to believe that conduct that violates this policy has occurred. Moreover, even where a complainant conveys a request to withdraw their initial formal complaint, the City may continue the investigation to ensure that the workplace is free from discrimination, harassment and retaliation. Anonymous complaints will also be investigated. The method will depend on the details provided in the anonymous complaint. If the complaint is sufficiently detailed, the investigation may be able to proceed in the same manner as any other complaint. If the information is more general, the City may 19 need to do an environmental assessment or survey to try to determine if misconduct has occurred. All investigations will be fair, impartial, timely, and completed by qualified personnel.
To the extent possible, the City will endeavor to keep the reporting of the applicant or employee's concerns confidential; however, complete confidentiality cannot be guaranteed when it interferes with the City's ability to fulfill its obligations under this policy. All employees are required to cooperate fully with any investigation. This includes, but is not limited to, maintaining an appropriate level of discretion regarding the investigation and disclosing any and all information that may be pertinent to the investigation.
Upon completion of the investigation, if misconduct is substantiated, the City will take appropriate corrective and preventive action calculated to end the conduct up to and including formal discipline where warranted.
Contact information for the City's EEO Officer is: Human Resources Manager Email:
[email protected]@exetercityhall.com
Phone: 559-592-9244
7. FILING OF COMPLAINTS OUTSIDE THE CITY
Employees and applicants may file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. Individuals who wish to pursue filing with these agencies should contact them directly to obtain further information about their processes and time limits.
California Civil Rights Department
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
800-884-1684 (voice), 800-700-2320 (TTY) or California's Relay Service at 711 [email protected]
https://calcivilrights.ca.gov
U.S. Equal Employment Opportunity Commission
450 Golden Gate Avenue 5 West,
P.O Box 36025
San Francisco, CA 94102-3661
1-800-669-4000 or 510-735-8909 (Deaf/hard-of-hearing callers only) http://www.eeoc.gov/employees
8. CORRECTIVE ACTION GUIDELINES
The City will take appropriate corrective action(s) up to and including formal discipline against any employee(s) when an investigation has found that misconduct occurred. Such corrective actions) may include, but are not limited to, letters of reprimand, suspension, demotion, or termination.
Additionally, depending on the nature of the violation, civil liability could be imposed on the violator as well as the City.
20 CITY OF EXETER
DISCRIMINATION, HARASSMENT, AND RETALIATION PREVENTION POLICY
COMPLAINT FORM
COMPLAINANT INFORMATION
NAME:_
DIVISION / UNIT:
OFFICE LOCATION:_
WORK PHONE:
IMMEDIATE SUPERVISOR:
DATE COMPLAINT SUBMITTED:
Please describe the conduct you believe violates the Policy Against Discrimination, Harassment or Retaliation Prevention. In your narrative, describe: (1) What happened to you; (2) Why you believe you are being discriminated, harassed, or retaliated against, including the reason or evidence you have to support your belief, and; (3) When the acts of discrimination, harassment, or retaliation occur (attach additional pages if needed). If you require assistance with completing this form as a reasonable accommodation, please contact the EEO officer. 21 CITY OF EXETER
POLICY AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION
ACKNOWLEDGEMENT OF RECEIPT
By signing below, I acknowledge and agree I have been provided with a copy of the Policy Against Discrimination, Harassment and Retaliation. I understand it is my responsibility to read and understand this policy and, if I have any questions, to promptly speak with a Supervisor. I also understand and agree it is my responsibility to abide by all of the terms of this policy, including promptly reporting any suspected violations of this policy to the appropriate Supervisor or City representative.
Employee Name (printed) Date
Employee Signature
A copy of this signed acknowledgment will be placed in my personnel file. 22 SEC. 320 ANTI-BULLYING POLICY
A. Policy
The City is committed to providing a safe work environment. In addition to prohibiting all forms of discrimination and harassment, the City also prohibits any form of "intimidation or bullying" in the workplace or elsewhere, such as at offsite events.
B. Policy Coverage
Every employee and other individuals, such as temporary agency workers, consultants, independent contractors and visitors, have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act, when the act physically harms the individual or damages the individual's property; has the effect of interfering with an employee's ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name-calling, sarcasm, spreading rumors, or teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chatroom misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment.
C. Complaint Procedure
The City will not tolerate bullying in any form. Any individuals who believe they are being or have been subjected to any form of bullying should immediately report this to their Supervisor, Department Head, or the Human Resources Manager. In addition, any person 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, shall immediately report the conduct to their Supervisor or other appropriate person in the chain of command.
Any employee who is reported to be a perpetrator will be provided due process before any disciplinary action is taken. Individuals who violate this bullying policy are subject to disciplinary action, up to and including termination.
D. Policy Against Retaliation
No employee will be subjected to any form of retaliation for reporting an incident of bullying, or participating in an investigation by the City or its representatives into allegations of bullying.
Additionally, all employees have a duty to cooperate in connection with any investigation being conducted.
23 SEC. 321 POLICY AGAINST SUBSTANCE ABUSE IN THE WORKPLACE FOR
EMPLOYEES IN DEPARTMENT OF TRANSPORTATION (DOT) COVERED POSITIONS
PURPOSE
The City recognizes the use of alcohol, drugs, and controlled substances in the workplace is not conducive to safe working conditions. In order to promote a safe, healthy, and productive work environment for all employees and the public, it is the City's objective to have a work force that is free from the influence of substance abuse.
This policy also is intended to comply with all applicable federal regulations governing workplace anti-drug programs and safety sensitive employees. The federal Drug-Free Workplace Act of 1988 and similarly, the California Drug-Free Workplace Act of 1990 requires the establishment of drug free workplace policies and the reporting of certain drug-related offenses to the federal Department of Transportation (DOT). Also, the Federal Transportation Administration and Federal Motor Carrier Safety Administration (FMSCA) of the DOT has enacted regulations that mandate urine drug testing and breathalyzer alcohol testing for safety sensitive positions and prevent performance of safety sensitive functions where there is a positive test result. The DOT also has set standards for the collection and testing of urine and breath specimens.
Employees shall be asked to sign a statement certifying they have received a copy of this policy and understands its contents. Any questions regarding rights and obligations under this Policy shall be referred to the employee's Supervisor, Department Head, or Human Resources Manager.
This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be found on the internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website http://www.dot.gov/odapc.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations.
COVERED EMPLOYEES
This policy applies to every person whose position requires the possession of a commercial driver's license (CDL); every employee performing a "safety-sensitive function" as defined below, and any person applying for such positions.
Under FMCSA (49 CFR Part 382), you are a covered employee if you operate (i.e., drive) a Commercial Motor (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded. 24 Safety-sensitive function under Part 382 means all time from the time a driver begins to work or is required to be in readiness to work until the time they are relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
• Driving a commercial motor vehicle which requires the driver to have a CDL • Waiting to be dispatched to operate a commercial motor vehicle • Inspecting, servicing, or conditioning any commercial motor vehicle • Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth)
• Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded
• Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle Under FTA (49 CFR Part 655), you are a covered employee if you perform any of the following safety-sensitive functions for an entity subject to Part 655:
• Operating a revenue service vehicle, in or out of revenue service • Operating a non-revenue vehicle requiring a commercial driver's license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service
• Carrying a firearm for security purposes
An employee is considered to be performing a safety sensitive function during any period in which that employee is actually performing, ready to perform, or immediately available to perform any safety sensitive function, including off-site lunch periods and breaks.
PROHIBITED CONDUCT
All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in Part
40. • marijuana
• cocaine
• phencyclidine (PCP)
• opioids
• amphetamines
25 All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.02 or greater.
All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time they are called to report for duty. If the on-call employee claims the ability to perform their safety-sensitive function, they must take an alcohol test prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test, whichever occurs first.
Being under the influence of alcohol, drugs, or any controlled substances while subject to being called to duty, including stand-by time.
Directly or through a third party, manufacturing, selling, distributing, dispensing, otherwise attempting to manufacture, sell, or distribute alcohol, drugs, or controlled substances during work hours, including rest breaks or while on City premises.
Use of City property or premises to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
Absence or tardiness as a result of having been under the influence of alcohol, drugs, or controlled substances during non-work time.
CONSEQUENCES FOR VIOLATIONS
1. FTA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and referred to a Substance Abuse Professional. A Substance Abuse Professional (SAP) is a licensed physician, psychologist, social worker, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol, drug, and controlled substance abuse disorders.
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties for at least eight hours unless a retest results in the employee's alcohol concentration being less than 0.02.
26 2. FMCSA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and referred to a Substance Abuse Professional (SAP).
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. (If any other consequence, ensure bold text is used)
CIRCUMSTANCES FOR TESTING
1. Pre-Employment Testing
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40.
A negative pre-employment drug test result is required before an employee can first perform safety- sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions.
If a covered employee has not performed a safety-sensitive function for 90 consecutive calendars days, and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before they can return to a safety-sensitive function.
A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
FMCSA Drug Testing Exceptions - A driver is not required to undergo a pre-employment test if:
(1) The driver has participated in a DOT testing program within the previous 30 days; and (2) While participating in that program, either:
(i) Was drug tested within the past six months (from the date of application with [Employer]), or
(ii)Participated in the random drug testing program for the previous 12 months (from the date of application with [Employer]); and
(3) [Employer] can ensure that no prior employer of the driver of whom [Employer] has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months
2. Reasonable Suspicion Testing
27 All covered employees shall be subject to a drug and/or alcohol test when the City has reasonable suspicion to believe the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained Supervisor or other trained manager based on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on duty.
Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
Employees may not refuse to complete a drug and/or alcohol screening test.
3. Post-Accident Testing
a. FTA Procedures
Covered employees shall be subject to FTA post-accident drug and alcohol testing under the following circumstances:
Fatal Accidents
As soon as practicable following an incident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City using the best information available at the time of the decision, will be tested.
Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the scene, and the covered employee may have contributed to the accident; (2) One or more vehicles incurs disabling damage and must be towed away from the scene, and the covered employee may have contributed to the accident; or (3) The vehicle is a rail car, trolley car or bus, or vessel, and is removed from operation, and the covered employee may have contributed to the accident.
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City using the best information available at the time of the decision, will be tested.
28 A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
b. FMCSA Procedures
Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances:
Fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle.
Non-fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
(1) The accident results in injuries requiring immediate medical treatment away from the scene; or
(2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
(1) The accident results in injuries requiring immediate medical treatment away from the scene; or
(2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.
A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
29 4. Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year within each DOT agency. The current year testing rates can be viewed online at http://www.dot.gov/odapc/random- testing-rates. If a given driver is subject to random testing under the rules of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver's function.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.
A covered employee will only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.
Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.
Random testing under the FTA may occur anytime an employee is on duty so long as the employee is notified prior to the end of the shift. Employees who provide advance, verifiable notice of scheduled medical or child care commitments will be random drug tested no later than three hours before the end of their shift and random alcohol tested no later than 30 minutes before the end of their shift.
Verifiable documentation of a previously scheduled medical or child care commitment, for the period immediately following an employee's shift, must be provided at least four (4) hours before the end of the shift.
5. Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), and provide a negative drug and/or alcohol test result. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.
6. Follow-up Testing
Employees returning to safety-sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five 30 (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.
TESTING PROCEDURES
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.
The procedures regarding alcohol and drugs testing will be provided upon employee request to the Human Resources Manager. Analytical urine controlled substance testing and breath testing for alcohol will be conducted as required under the DOT guidelines.
TEST REFUSALS
As a covered employee, you have refused to test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City.
(2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has refused to test.
(3) Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because they have left the testing site before the testing process commenced for a pre-employment test has refused to test. (4) In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. (6) Fail or decline to take a second test as directed by the collector or City for drug testing. (7) Fail to undergo a medical evaluation as required by the Medical Review Officer (MRO) or City's Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process. (9) Admit to the adulteration or substitution of a specimen to the collector or MRO. (10) Fail to remain readily available following an accident.
As a covered employee, if the MRO reports you have a verified adulterated or substituted test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP.
31 PRESCRIPTION DRUG USE
No prescription drug shall be possessed or used by an employee other than the employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. An employee must advise their supervisor of the use or influence of any prescription drug prior to beginning work, when taking the medication or drug could interfere with the safe and effective performance of duties, or the operation of a City vehicle or heavy machinery, such that the employee poses a direct threat to their health and safety or others.
An employee's failure to provide this notice in a timely manner can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
NOTIFYING THE CITY OF ANY CRIMINAL DRUG STATUTE CONVICTION In accordance with the Drug-Free Workplace Act of 1988, an employee must immediately notify the City of any criminal drug statute conviction of a violation that occurred in the workplace no later than five days after such conviction. Any employee who fails to provide this notice will be subject to discipline, up to and including termination.
CONSEQUENCES FOR VIOLATION OF THIS POLICY
1. Discipline
Any violation of this Policy may result in discipline, up to, and including termination. Discipline may be imposed regardless of whether or not an employee is convicted of any crime related to any violation of this Policy.
Any violation of this Policy that may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate law enforcement agencies and/or subject the employee to civil penalties. In addition, the City is obligated to report the violation to the federal Clearinghouse.
2. Removal from Work Site
Employees reasonably believed to be under the influence of alcohol, drugs, or controlled substances shall be immediately prevented from engaging in further work and shall be detained for a reasonable time until they can be safely transported from the work site.
3. Removal of Safety Sensitive Functions
An employee whose alcohol test indicates an alcohol concentration level between .02 and .04 will be removed from his/her safety sensitive position for at least 24 hours. An employee whose alcohol test indicates an alcohol concentration level greater than .04 will be removed from his or her safety 32 sensitive position for a period to be determined by the Department Head, or Human Resources Manager.
If an employee tests positive for drugs or controlled substances, the employee may not perform safety sensitive functions until satisfying the following requirements:
a. The employee must be retested and receive a verified negative result; and b. When referred to a Substance Abuse Professional, the employee must complete any course of rehabilitation and submit to a return-to-duty test, as developed with the assistance of the Substance Abuse Professional. The City is not required to pay for this type of treatment.
4. Termination for Inability to Perform Essential Functions After the City has complied with any legal obligation to reasonably accommodate an employee's protected disability, the City may terminate an employee who is unable to perform the essential functions of the job.
RECORDS KEEPING AND CONFIDENTIALITY
The City is obligated to maintain records of the administration, including violations, of this Policy for a period of five years.
Any laboratory reports and test results shall not appear in an employee's general personnel folder but will be contained in a separate, confidential medical folder that will be securely kept under the control of the Human Resources Manager. The report or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur under the following situations:
1. When the information is compelled by law or by judicial or administrative process;
2. When the information has been placed at issue in a formal dispute between the employer and employee;
3. When the information is to be used in administering an employee benefit plan; or
4. When the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
5. When requested by the DOT or any state or local officials with regulatory authority over the City or any of its safety sensitive employees.
Effective January 6, 2020, the City is required to participate in The Clearinghouse, a centralized database employers use to report drug and alcohol program violations and to conduct queries, which 33 check that current or prospective employees are not prohibited from performing safety-sensitive functions, such as operating a commercial motor vehicle, due to an unresolved drug and alcohol program violation - that is, a violation for which the driver has not completed the return-to-duty process. Queries must be conducted as part of a pre-employment driver investigation, and at least annually for current employees. Implementation of this requirement is consistent with current law and regulations. All applicants and existing employees subject to this provision must complete and submit the General Consent form that follows.
REHABILITATION
The City encourages employees to use City-sponsored employee assistance programs voluntarily to assist them in resolving any alcohol, drug, or controlled substance abuse problems. Employees should contact their Supervisor, Department Head, or Human Resources Manager for additional information, including further information concerning the dangerous effects of alcohol misuse and drug use on an employee's health, work, and personal life. The City is committed to providing reasonable accommodation to those employees whose alcohol or drug abuse problem classifies them as disabled under federal and/or state law.
While the City will be supportive of those who seek help voluntarily, the City will be firm in identifying and disciplining those who are substance abusers and who do not seek help or who continue substance abuse even while enrolled in counseling or rehabilitation programs. Therefore, the City may require employees to use employee assistance programs, and in addition to mandatory referrals to a Substance Abuse Professional where applicable. 34 General Consent for Limited Queries of the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse
_ hereby provide consent to the City of Exeter to conduct a limited query of the FMCSA Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) to determine whether drug or alcohol violation information about me exists in the Clearinghouse.
I understand my consent shall remain in full force and effect for the duration of my employment. The City of Exeter will conduct a limited query on not less than an annual basis.
I understand that if the limited query conducted by the City of Exeter indicates that drug or alcohol violation information about me exists in the Clearinghouse, FMCSA will not disclose that information to the City of Exeter without first obtaining additional specific consent from me.
I further understand that if I refuse to provide consent for the City of Exeter to conduct a limited query of the Clearinghouse, the City of Exeter must prohibit me from performing safety-sensitive functions, including driving a commercial motor vehicle, as required by FMCSA's drug and alcohol program regulations.
Employee Signature Date
35 CHAPTER 4 - COMPENSATION AND HOURS
SEC. 401 EMPLOYEE COMPENSATION PLAN
An employee Compensation Plan shall be established to provide salary schedules, salary rates, salary ranges and steps. Each class in the City Compensation Plan shall be assigned a salary range or a rate established in the Compensation Plan. All persons employed by the City shall be compensated in accordance with the Compensation Plan in effect.
SEC. 402 ADMINISTRATION & REVIEW OF EMPLOYEE COMPENSATION PLAN The City Council approves and adopts a pay schedule for every employee position, as required by the California Public Employee's Retirement System (CalPERS). City Council shall administer the employee Compensation Plan for the City Administrator. The City Administrator shall administer a Compensation Plan for all other employees.
SEC. 403 APPLICATION OF SALARY RANGES AND RATES
a. Appointment (Classified/Service & Maintenance)
All initial appointments to classes assigned to pay range in the City Compensation Plan shall be at the first step of the salary range, provided, however, the City Administrator may make an appointment to a position at a higher salary step when, in the Administrator's opinion, it is difficult to obtain qualified personnel at the starting salary or when it appears that the education or experience of proposed employee is substantially superior to that required of the class and justifies a beginning salary in excess of the first step.
Appointment (Police Officers, Sergeants, Lieutenants)
Initial appointments to the pay range in the City Compensation Plan for Police Officers, Sergeants, or Lieutenant, is at the discretion of the Chief of Police with the approval of the City Administrator.
b. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which the employee is promoted and be eligible for merit increases as elsewhere provided, unless the employee's present salary is equal to or exceeds the first step or the class to which said employee is promoted.
In that event, the employee shall be assigned to the step in the salary range to which said employee is promoted, that is the equivalent of at least 5% increase in salary. A promotion, if within ninety (90) days of a scheduled step increase, shall not affect an 36 employee's anniversary date. An employee's vacation accrual rate is not affected by a promotion and is based on years of service with the City.
When the promotion includes the assignment of the responsibility for supervision over others, the salary level shall be increased by assigning the promoted employee to a higher step within the salary of those the promoted employee supervises.
c. Transfer
A transfer does not affect an employee's salary level. A lateral transfer shall not affect an employee's anniversary date.
SEC. 404 ADVANCEMENT WITHIN SALARY RANGE
An employee shall be considered for salary advancement, as a general rule, according to the following general plan, which general plan may be modified by the City Administrator in their sole and unreviewable discretion:
a. All employees are placed in a five-step salary plan:
1. The letters A, B, C, D, and E respectively denote the various steps in the pay range.
2. Salary Step "A" shall be paid upon initial employment and for a period of one (1) year.
3. Salary Step "B" will be based upon completion of one (1) year of employment where the employee has demonstrated satisfactory job progress and normally increasing productivity.
4. Salary Step "C" will be based upon completion of one (1) additional year of employment (two (2) years total) where the employee has demonstrated satisfactory job progress and normally increasing productivity.
5. Salary Step "D" will be based upon completion of one (1) additional year of employment (three (3) years total) where the employee has demonstrated satisfactory job progress and normally increasing productivity.
6. Salary Step "E" will be based upon completion of one (1) additional year of employment (four (4) years total) where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon approval of the Department Head and City Administrator.
37 SEC. 405 REDUCTION IN CLASSIFICATION
An employee may receive a reduction in classification upon recommendation of the Department Head and upon approval of the City Administrator if at any time the quantity, quality, or manner of performance of services or duties justifies the reduction in classification. Such action will comply with any applicable pre-notice requirements.
SEC. 406 STANDARD WORK WEEK
POLICE UNIT MOU Article 9 & SERVICE AND MAINTENANCE UNIT MOU Article 9 A standard workweek period for City Employees shall be as follows: Monday (Midnight) till Sunday (11:59 pm.)
Unless otherwise established by MOU or necessary exception, employees shall work forty (40) hours in a standard work week,
SEC. 407 EXCEPTIONS TO STANDARD WORK WEEK
POLICE UNIT MOU Article 9 & SERVICE AND MAINTENANCE UNIT MOU Article 9 The City Administrator is hereby authorized to assign other work schedules when, in their opinion, the best interest of the City may be served by such schedules. The procedure for making adjustments in the standard work schedules in hours shall be consistent with provisions of SEC. 3504.5 of the Government Code.
SEC. 408 ATTENDANCE
All City employees are expected to report to their assigned worksite and be prepared to begin work at their scheduled start time each workday. All City employees shall notify their supervisor by telephone or other direct contact as early as possible when they expect to be, or are, tardy to any assigned shift, and/or absent from their regular or specially scheduled workday because of illness, injury, or other reason (other than scheduled and approved leave).
When an absence is scheduled and/or planned, the absent employee shall notify their respective Supervisor, at least the day prior to the expected absence.
In the event that circumstances and conditions do not permit previous notice, it shall remain the responsibility of the employee to notify the immediate Supervisor not later than one-half hour after the start of said employee's scheduled workday. If the employee is unable to contact the Supervisor, the employee shall ensure that contact is arranged with the Supervisor through a second party or that contact is made with the City's Human Resources Manager.
The failure of any employee to satisfy the requirements contained in this Section shall be construed as an unauthorized absence from work and subject to the provisions and actions as contained elsewhere in these Rules & Regulation or in the appropriate bargaining unit MOU. 38 In every case in which a regular employee is not present for all or a portion of their scheduled workday, the absence shall be appropriately recorded in the City's time and attendance system, and reflected on the employee's time card for that payroll period.
SEC. 409 PAY PERIODS AND PAY DAYS
POLICE UNIT MOU Article 9 & SERVICE AND MAINTENANCE UNIT MOU Article 9 As currently provided, pay periods shall be two weeks in duration, with pay day occurring every other Friday (unless the pay day Friday falls on a holiday, in which case pay shall be issued on the business day preceding the holiday). An employee leaving City employment will receive a final pay check on the regular pay day following the day of termination provided, however, that the employee has returned all City-owned tools, clothing, keys and equipment.
SEC. 410 COMPUTATION OF SALARY
Salaries for all authorized City positions are set forth in the City Salary Schedule. Conversion of monthly salaries to hourly rates shall be determined by multiplying the monthly salary by
0.005769.
SEC. 411 OVERTIME POLICY: DEFINITION
POLICE UNIT MOU Article 10 and SERVICE AND MAINTENANCE UNIT MOU Article 10 It is the policy of the City that overtime worked be kept to the minimum consistent with the protection of life, property, and the efficient operation of the department and activities of the City, and that overtime work be compensated as provided for within the appropriate MOU.
Any overtime must be preapproved, in writing, by the employee's Supervisor.
SEC. 412 OVERTIME COMPENSATION
POLICE UNIT MOU Article 10 and SERVICE AND MAINTENANCE UNIT MOU Article 10 SEC. 413 OVERTIME COMPUTATION: FOR EMPLOYEES ON A STANDARD WORK WEEK
POLICE UNIT MOU Article 10 and SERVICE AND MAINTENANCE UNIT MOU Article 10 SEC. 414 STANDBY COMPENSATION
POLICE UNIT MOU Article 10 and SERVICE AND MAINTENANCE UNIT MOU Article 10 Management and unrepresented employees who are assigned, in advance, to remain on standby over a weekend or other non-scheduled work period shall be compensated as agreed by the City Administrator/Council, Department Head, and Supervisor. 39 Any City employee serving on standby shall be required to refrain from certain behaviors that could impair their ability to operate City vehicles or equipment or their ability to perform certain tasks. Typically prohibited behavior includes consumption of alcohol and usage of any drugs, including over-the-counter and prescription medication, which would preclude them from safely operating necessary vehicles or machinery or that could be reasonably expected to create an unsafe impairment. No employee shall report to work in a condition that could or would compromise the safety of themselves or others.
SEC. 415 OVERTIME NOT APPLICABLE
Overtime compensation shall not apply to exempt employees, including those designated as management, the City Administrator or to Council-appointed officers.
SEC. 416 OVERTIME COMPENSATION: POLICE OFFICERS
POLICE UNIT MOU Article 10
SEC. 417 OVERTIME CONDITIONS LOCAL PERIL OR DISASTER
In cases of disasters, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined by the City Council at the time for such conditions.
SEC. 418 DEDUCTIONS
SERVICE AND MAINTENANCE UNIT MOU Article 11 and POLICE UNIT MOU Article 12 Deductions from employee's pay shall be made in accordance with existing laws, contracts, MOUs, and administrative rules and procedures established by the City Administrator.
SEC. 419 PAID HOLIDAYS
SERVICE AND MAINTENANCE UNIT MOU Article 20 and POLICE UNIT MOU Article 21 a. Regular Holiday For Pay Purposes
Effective July 1, 1974, with the exception hereinafter stated, holidays for all officers and employees of the City not covered by the MOUs as noted above, shall be as follows.
Unless otherwise stated, if a holiday falls on a Saturday, then it will be recognized by the City on the preceding Friday; if a holiday falls on a Sunday, it will be recognized by the City on the following Monday, all days are based on an 8 hour day:
1. January 1 (New Year's Day)
2. The 3rd Monday in January (Birthday of Martin Luther King, Jr.) 40 3. The 3rd Monday in February (Washington's Birthday)
4. The last Monday in May (Memorial Day)
5. July 4* (Independence Day)
6. The 1s Monday in September (Labor Day)
7. November 11 (Veterans' Day)
8. The 4th Thursday in November (Thanksgiving Day)
9. The 4th Friday in November (Day After Thanksgiving Day)
10. December 24 (Christmas Eve Day) shall be observed on that day when that day falls on Monday, Tuesday, Wednesday or Thursday. If the day falls on Saturday or Sunday, the previous Friday will be observed.
Christmas Eve (December 24) shall be observed on the day prior to Christmas. If as noted above the day off for Christmas occurs on a Monday, the previous Friday will be the day observed. If Christmas is "deemed" to be on Friday, then the day occurs on the preceding Thursday.
11. December 25 (Christmas Day)
If that date falls on a Saturday, the preceding Friday will be deemed to be that holiday. If that date falls on a Sunday, the following Monday will be deemed to be that holiday.
12. December 31 (New Year's Eve) shall be a four (4) hour work day when December 31 falls on Monday, Tuesday, Wednesday or Thursday. If December 31 falls on Saturday or Sunday, the previous Friday will be a four hour work day.
New Year's Eve (December 31) shall be a 4-hour work day on the day prior to New Year's Day. If as noted above the day off for New Year's Day occurs on a Monday, the previous Friday will be the 4-hour work day observed. If New Year's Day is "deemed" to be on Friday then the 4-hour day occurs on the preceding Thursday.
SEC. 420 COMPENSATION FOR WORK ON PAID HOLIDAYS
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 Non-exempt regular and probationary employees not covered by the MOUs mentioned above assigned to work on designated holidays shall receive compensatory time off or pay in lieu of compensatory 41 time off as recommended by the Department Head subject to the approval of the City Administrator as per current State and Federal regulations.
SEC. 421 COMPENSATION DURING ATTENDANCE OF A TRAINING COURSE
DURING VACATION, HOLIDAYS OR DAYS OFF
City employees should feel free to attend training courses that are available during their vacation, holidays or days off, if they so desire. However, compensation for attendance for training courses held during days off, weekend, vacations or holidays will be authorized where employees have been directed by the Department Head to attend such on the following basis:
a. Holidays
Employees directed to attend training will be compensated as provided in SEC. 420. b. Vacations
Employees directed to attend training courses held during their vacations will be allowed to reschedule their vacation days.
c. Days Off Or Off-Duty Shifts
Employees directed to attend training courses on their days off or off-duty shifts will be compensated as provided in Sections 412 & 416. Whenever an employee is out of the City for a number of days on a training course, such as one-week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized.
Under unusual circumstances, deviation from the foregoing procedure may be warranted by Department Heads, however, only after receiving approval from the City Administrator.
SEC. 422 EDUCATION INCENTIVE: SWORN POLICE
POLICE UNIT MOU Article 24
SEC. 423 BIRTHDAY HOLIDAY:
SERVICE AND MAINTENANCE UNIT MOU Article 20 POLICE UNIT MOU Article 21 For employees not covered by an MOU as noted above:
a. Employee will be given a day off (8 hour day) for their birthday. The day off must be taken within seven (7) days prior to or seven (7) days atter the employee's birthday or it is lost The specific date to be taken will be subject to the approval of the employee's Supervisol 42 b. The birthday benefit shall not be construed to be a holiday and no monetary compensation will be paid for this benefit if not used.
SEC. 424 BILINGUAL PAY:
SERVICE AND MAINTENANCE UNIT MOU Article 23 and POLICE UNIT MOU Article 25 a. Qualified bilingual employees in designated positions are eligible to receive a monthly allowance (currently $50.00). Those employees must satisfactorily pass the City's designated bilingual testing exam/process.
Qualification criteria is determined by the City Administrator and based on operational needs.
SEC. 425 OUT-OF-CLASS PAY:
Out of Class work means performing the full range of duties and responsibilities allocated to an existing classification more than 50 percent of the time, and the position is not allocated to the classification in which the person has a current, legal appointment.
An employee authorized to perform and who does perform out-of-class work shall receive a five percent (5%) increase in their base salary commencing on the first pay period after the eleventh consecutive business day of performing such work in a fiscal year.
An employee can be assigned out-of-class work for more than 120 calendar days during any 12-month period only if the Supervisor files a written statement with the Human Resources Manager certifying the additional out-of-class work is required to meet a need that cannot be met through other administrative alternatives. The out-of-class assignment is subject to termination at any time, with or without notice.
An employee can receive out-of-class pay if (1) the employee is performing duties of a higher classification; (2) the duties performed are not described in a training and development assignment or by the specification for the class to which the employee is appointed; (3) the duties as a whole are fully consistent with the types of jobs described in the specification for the higher classification; and (4) upon discretion of the Department Head and approval of the City Administrator.
SEC. 426 OUT-OF-CLASS APPOINTMENT:
When the City has a position that is vacant during recruitment for a permanent appointment, it may temporarily appoint an employee to the upgraded position or higher classification. During the temporary appointment to the upgraded position or higher classification, the employee shall be compensated at Step A on the Salary Schedule for the upgraded position or higher classification.
However, if Step A is lower than the employee's current base salary, the employee shall be compensated for the upgraded position or higher classification at the step on the Salary Schedule that 43 would result in a temporary increase of at least five percent (5%). No employee shall serve in such out-of-class appointment for more than 960 hours per fiscal year. 44 CHAPTER 5 - - PROBATIONARY STATUS
SEC. 501 PROBATIONARY PERIOD
All initial appointments to regular positions shall be subject to a probationary period fixed at twelve (12) months. Promotional appointments to regular positions shall be subject to a probationary period fixed at six (6) months, provided the promoting employee has completed the initial probationary period of twelve (12) months; in situations where that has not occurred, the promoting employee shall serve the remainder of the twelve (12) month probationary period, or an additional six (6) months, whichever is longer.
In the event an employee is absent and/or on leave for a period of two or more cumulative weeks during the probationary period, the probationary period shall be extended in length to ensure performance can be evaluated for the full period of probation.
This does not affect the probationary period for Police Officers, which is governed by the regulatory manual for that department subject to the approval of the Human Resources Manager and Chief of Police.
SEC. 502 OBJECTIVE OF PROBATIONARY PERIOD
The probationary period shall be regarded as a part of the evaluation process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to the position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.
SEC. 503 PROBATIONARY EMPLOYEE PERFORMANCE REPORTS
A performance report of each probationary employee shall be made by the Department Head or Supervisor or his/her Designee on City of Exeter Employee Performance Evaluation Forms, according to the directions thereon and forwarded to the Human Resources Manager. The Employee Performance Evaluation Form shall be filed by the Department Head or Supervisor or his/her Designee upon the completion of the employee's sixth and twelfth months of service with the City.
This does not preclude a Department Head and/or Supervisor from submitting a special report if necessary.
SEC. 504 REJECTION OF PROBATIONARY EMPLOYEE
During the initial probationary period an employee may be suspended, demoted or terminated at any time by the Department Head without cause and without the right of appeal or to submit a grievance.
If rejection of probationary employees results in a stigmatizing charge, the employee denies the charge or contests its accuracy, and there is a public disclosure of the charge, the employee has a right to a 45 name-clearing hearing, which shall be conducted as a Skelly conference and shall not be subject to review.
46 CHAPTERS 6 - ANNUAL VACATION LEAVE
SEC. 601 PURPOSE OF ANNUAL VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 The purpose of annual vacation is to allow an employee time to both mentally and physically refresh themselves in order that they be better able to carry out the duties of their position. To achieve this goal, it is the intention of the City to have an employee schedule a vacation for periods of at least one week.
SEC. 602 ELIGIBILITY FOR ANNUAL VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 a. Regular Employees
All regular employees, upon the completion of six months of continuous service, shall be eligible to take any vacation leave already accrued. Under the discretion of the Department Head and approval of the City Administrator, an employee may use vacation time prior to completion of the first six months of service. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.
b. Hourly, temporary or contract personnel shall not be eligible for annual vacation leave.
SEC. 603 ACCRUAL OF ANNUAL VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 Vacation leave shall be accrued and credited each pay period by all regular employees who are on a pay status. Those employees eligible for vacation as defined in SEC. 602 and not covered by the MOUs noted above shall accrue vacation at the following rate:
NON-EXEMPT EMPLOYEES
Years of Service Annual Accrual (up to) Monthly Accrual (up to) 1-2 12 Working Days 8 hrs.
3-4 13 Working Days 8 1/3 hrs.
5-6 14 Working Days 9 1/3 hrs.
7-8 15 Working Days 10 hrs.
9-10 16 Working Days 10 2/3 hrs.
11-12 17 Working Days 11 1/3 hrs.
47 13-14 18 Working Days 12 hours
15-16 19 Working Days 12 2/3 hours
17-19 20 Working Days 13 1/3 hours
20 and Up 21 Working Days 14 hours
EXEMPT EMPLOYEES
Years of Service Annual Accrual (up to) Monthly Accrual (up to) 1-2 16 Working Days 10 2/3 hrs.
3-4 17 Working Days 11 1/3 hrs.
5-6 18 Working Days 12 hrs.
7-8 19 Working Days 12 2/3 hrs.
9-10 20 Working Days 13 1/3 hrs.
11-12 21 Working Days 14 hrs.
13-Up 22 Working Days 142/3 hrs.
SEC. 604 ACCUMULATION OF ANNUAL VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 a. Exempt employees will be allowed to accumulate accrued vacation to a cap equal to the maximum hours eligible to be earned over a two year period - 44 days, or 352 hours, other employees shall be as stated in MOU. Upon reaching the maximum accumulation, accrual for the individual employee will cease until the leave balance drops below the maximum accrual.
b. Vacation Redemption:
SERVICE AND MAINTENANCE UNIT MOU Article 16 and POLICE UNIT MOU Article 17 Employees with 100 hours of accrued vacation (police with 140 hours of accrued vacation) may elect to take 40 hours of vacation and "cash-in" an additional 40 hours. No other time increments will be allowed. This benefit can only be used once a fiscal year.
SEC. 605 SCHEDULING OF VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16.
An employee's vacation shall be, as much as possible, scheduled for the employee's convenience; however, vacations shall be scheduled by the Department Heads, or their designee, so as to not interfere seriously with or impair departmental efficiency. In the event more than one employee in the same class or department requests the same vacation days, whenever possible, seniority will be considered first.
48 SEC. 606 WORKING DURING ANNUAL VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 The City discourages any employee from working for another employer during their annual vacation.
At no time will an employee be permitted to work for the City during their vacation and receive double compensation.
SEC. 607 HOLIDAYS WITHIN VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16.
When a recognized holiday falls within an employee's vacation, for which they would have been excused from work, that day shall not be charged as a day of vacation and the employee will receive holiday pay for that date.
SEC. 608 ILLNESSES WITHIN VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 If an employee becomes ill or injured during their annual vacation leave, those days for which they were ill or injured may not be charged as annual vacation, but may, upon request of the employee, be charged to sick leave contingent upon the following conditions:
a. Proper amount of sick leave is accrued; and
b. Payroll period within which time the illness or injury occurred has not been posted in the computer.
SEC. 609 PAYMENT OF ANNUAL LEAVE UPON TERMINATION
SERVICE AND MAINTENANCE UNIT MOU Article 15 and POLICE UNIT MOU Article 16 Payment for accrued vacation upon termination shall be at the employee's current rate of pay. 49 CHAPTER 7 - SICK LEAVE
SEC. 701 STATEMENT OF POLICY
Sick leave shall not be considered as a privilege an employee may use at their own discretion, but shall be granted upon the approval of the Department Head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment or in case of illness in the immediate family. The immediate family shall be the spouse, parent, child, or brother or sister.
SEC. 702 ELIGIBILITY FOR SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 a. Eligible Employees
All regular and hourly employees, upon completion of one (1) month of continuous service shall be eligible for sick leave with pay.
SEC. 703 ACCUMULATION OF SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 a. Currently sick leave is accumulated at a rate of up to 3.6923 hours per two-week pay period (up to 8 hours per calendar month), and accrues only when the employee is in paid status. b. For those employees not covered by MOU, sick leave may be accumulated up to 960 hours (based on an 8-hour work day). Sick leave accumulation caps may vary by bargaining unit.
SEC. 704 HOLIDAYS WITHIN SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 When a recognized City holiday falls within an employee's bona fide use of sick leave for which the employee normally would have been excused from work, that day shall not be charged as a day of sick leave.
SEC. 705 ILLNESSES WITHIN VACATION LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 If an employee becomes ill or injured during their annual vacation leave, those days which they were sick or injured may not be charged as annual vacation but may, if requested by the employee, be charged as sick leave contingent upon the following (also see SEC. 608 Vacation Leave):
50 a. Proper amount of sick leave is accrued; and
b. Payroll period within which time the illness or injury occurred has not been posted in the computer.
SEC. 706 USAGE OF SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 Leave under this policy may be used in connection with the diagnosis, care or treatment of an existing health condition for, or the preventive care of, an employee or an employee's immediate family member. "Family member" for purposes of this policy includes spouses, registered domestic partners, children (regardless of age), parents (including step-parents and parents-in-law), grandparents and siblings. Leave under this policy may also be used for employees who are the victims of domestic violence, sexual assault or stalking.
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. If sick time has been depleted and an injury or illness persists, vacation time may be utilized, only if approved in advance by the Department Head.
SEC. 707 DEDUCTION OF SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 Sick leave shall be deducted at the rate of one-hour sick leave for each hour absent.
SEC. 708 PHYSICIAN'S CERTIFICATE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 A physician's certificate may be required after being absent three (3) days from work. A physician's certificate may be requested regardless of length of absence at the request of the Department Head or City Administrator. (Includes chiropractors licensed by the State of California.) SEC. 709 WORKERS' COMPENSATION
a. Police Department Personnel POLICE UNIT MOU Article 18 b. All Other City Employees SERVICE AND MAINTENANCE UNIT MOU Article 17
1. All employees who are absent from work by reason of a work-related injury or illness shall be covered by Workers' Compensation. During the time the employee is in pay status while absent from work by reason of injury or illness covered by Workers' Compensation, the employee shall continue to accrue sick leave and vacation benefits as though they were not on a leave of absence.
51 SEC. 710 SICK TIME BUY OUT
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 Upon separation from employment, regular full- and regular part-time employees who leave in good standing may be paid as indicated for unused sick time hours left in their sick leave bank.
Alternatively, sick leave balances may be converted to PERS service credit if allowed by the applicable PERS contract. If sick leave is to be paid to an eligible employee, the following table shall be utilized to calculate the amount to be paid out:
a. O to less than 5 years' service to City 0% x hours x current rate of pay b. 5 to less than 10 years 15% x hours x current rate of pay c. 10 to less than 15 years 20% x hours x current rate of pay d. 15 to less than 20 years 25% x hours x current rate of pay e. 20 plus years 30% x hours x current rate of pay
52 CHAPTER 8 - OTHER LEAVES OF ABSENCE
SEC. 801 LEAVE OF ABSENCE WITHOUT PAY
SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 Leave of absence without pay may be granted in cases of emergency and where such absence would not be contrary to the best interests of the City. Such leave is not a right but a privilege. No vacation or sick leave benefits shall be used for illnesses occurring during such leave; the City will attempt to return the employee to their usual or similar position upon returning from a leave of absence.
However, reinstatement is not guaranteed under this policy. a. Leave of absence without pay for one (1) week or less may be granted by the Department Head, depending on the circumstances of the individual case. Such leaves shall be reported to the Human Resources Manager.
b. Leave of absence without pay in excess of one (1) week duration may be granted by the City Administrator depending on the circumstances of the case, but such leave shall not exceed twelve (12) months duration.
SEC. 802 LEAVE WITHOUT PAY
SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 The City may grant unpaid leaves of absence to employees who have no remaining sick or vacation leave balances in certain circumstances including, but not necessarily limited to a serious health condition of the employee, the employee's spouse or registered domestic partner, child, or parent.
Such unpaid leave is granted for up to 30 calendar days at the discretion of the City Administrator.
You are expected to request any leave in writing as far in advance as possible; to keep in touch with your supervisor and the Human Resources Manager during your leave; and to give prompt notice if there is any change in your return date. If additional leave time is necessary, you must submit a new request to the City Administrator prior to the expiration of your initial leave. If your leave expires and you have not contacted the City Administrator or Human Resources Manager prior to the date of expiration, it will be assumed that you do not plan to return and that you have voluntarily terminated your employment. You are not guaranteed to be returned to your same or similar position upon returning from an unpaid leave of absence. Those decisions are based on the City's ongoing business needs.
SEC. 803 LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATE FAMILY SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 53 Leave without pay may be granted a regular employee by the Department Head in the event of death to a family member other than one of the immediate family, such leave to be granted in accordance with SEC. 801.
SEC. 804 PERSONAL LEAVE (TAKEN FROM THE EMPLOYEE'S ACCRUED SICK LEAVE
SERVICE AND MAINTENANCE UNIT MOU Article 14 and POLICE UNIT MOU Article 15 Employees shall "earn" the ability to take eight (8) hours per every three-month period of employment for personal leave. In other words, an employee may take personal leave in an amount up to 32 hours per year of completed employment. Time taken shall be noted as "Personal Leave" with hours deducted from the employee's accrued sick leave bank, with the advanced, written approval of the Department Head.
Unused personal leave does not accumulate, it is simply an allowance of sick leave that may be used for personal reasons. Any unused personal leave shall revert back to sick leave. a. An additional day per year may be taken as a personal leave day once an employee accumulates 400 hours of sick leave. After 400 hours an employee will be allowed to utilize an extra day of personal leave for each two hundred hours accumulated, up to seven days. (These days may not carry over into the next year.)
SEC. 805 JURY DUTY
SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 Employees who receive a summons for jury service must notify the Supervisor immediately and provide a copy of the summons. If the employee is selected for service, the employee must report to work for the remainder of the work day on any days that do not include a full day of jury service.
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) days from the termination of the jury service.
Since employees receive regular compensation and benefits while performing jury service, employees cannot receive the fee paid by the court (Ca. Code of Civil Procedures Sections 215 & 481.200).
If the employee is using their own vehicle for jury service they may receive and keep the mileage allowance paid by the court for jury service.
The employee should let the court know they are an employee of a public entity, upon roll call of the jurors, so the court waives the fee and the employee won't be paid. 54 SEC. 806 SUBPOENAS:
SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 Regular employees who are subpoenaed to appear as a witness for purposes not related to their employment and on behalf of the State of California or any of its agencies may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of their services.
Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.
SEC. 807 LEAVE FOR ATTENDANCE AT WORKERS' COMPENSATION APPEALS
BOARD, OSHA/INDUSTRIAL ACCIDENT COMMISSION HEARING OR RELATED
PHYSICAL EXAMINATION
SERVICE AND MAINTENANCE UNIT MOU Article 19 and POLICE UNIT MOU Article 20 Employees who have been injured in the course and scope of their employment with the City and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the City's Workers' Compensation Insurer of the Industrial Accident Commission or to attend hearings of OSHA and/or the Industrial Accident Commission, may be granted leave with pay for such absence by the City Administrator, if the employee is in pay status at the time of the scheduled examination or hearing.
SEC. 808 EXECUTIVE LEAVE
Executive leave may be administratively granted by the City Administrator to exempt management and mid-management level personnel as compensation for being exempted from minimum wage and overtime provisions. In some cases this leave may be, or may have been, referred to as Administrative Leave. Executive Leave is the more specific and appropriate term and is favored.
Regular full-time exempt employees are granted Executive Leave (96 hours for City Administrator and Department Heads; and 80 hours for Middle Managers) every July 1 or as outlined in individual MOUs or agreements. An employee who is hired in an exempt position after December 31, shall be granted a prorated portion based on number of months remaining in the year of the total hours of Executive Leave for the remainder of the fiscal year.
Executive Leave must be used within the fiscal year accumulated and may not be carried over from one fiscal year to another.
SEC. 809 EDUCATION LEAVE
The City may grant to an employee an educational leave of absence not to exceed twelve (12) months for the purpose of obtaining a job-related education. Such leave shall be unpaid. 55 SEC. 810 FAMILY AND MEDICAL LEAVE
Eligible City employees may be entitled to leave under the California Family Rights Act (CFRA).
Eligible Employees
To be eligible for CFRA leave, an employee must have more than 12 months of service with the City and have worked at least 1,250 hours for the City in the 12-month period before the leave begins.
Reasons for Leave
An eligible employee may take job-protected leave to bond with a new child by birth, adoption, or foster care placement, within one year of the Child's birth, adoption, or foster placement.
An eligible employee may take job-protected leave to care for a designated person, child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition.
For purposes of this policy, a "designated person" is defined as "any individual related by blood or whose association with the employee is the equivalent of a family relationship." An employee must notify Human Resources of its designated person, if any, not more than every 12 months.
CFRA leave may also be taken for the employee's own serious health condition.
An eligible employee may take job-protected leave for a qualifying exigency related to the covered active duty or call to covered active duty of a spouse, domestic partner, child, or parent in the Armed Forces of the United States.
Duration of Leave
Eligible employees may take leave of up to 12 workweeks.
Employee Obligations
Employees are required to provide 30 days' advance notice of the need for CFRA leave. When this is not possible due to the unexpected nature of the qualifying event, notice should be given as soon as practicable. Notice can be written or verbal and should include the timing and the anticipated duration of the leave, but the City does not and may not require disclosure of an underlying diagnosis. The City must respond to a leave request as soon as possible and no later than 5 business days.
The City requires written certification from the health-care provider of the individual with a serious health condition stating the reasons for the leave and the probable duration of the condition. However, the health-care provider may not disclose the underlying diagnosis without the consent of the patient.
Salary and Benefits During CFRA Leave
CFRA leave is unpaid. The City does require employees to use any accrued sick leave during their CFRA leave, and employees may, if they choose, use accrued vacation leave. 56 If the CFRA leave is needed to care for a seriously ill family member or to bond with a new child, the employee must use accrued vacation time or other accumulated paid leave other than sick time, unless the employee is receiving Pregnancy Leave (see below).
If the CFRA leave is for the employee's own serious health condition, the employee must use accrued sick leave and may, once sick leave has exhausted, use accrued vacation time or other accumulated paid leave.
During an approved CFRA leave, the City will continue to pay for the employee's participation in the City's group health plans, to the same extent and under the same terms and conditions as would apply had the employee continued in employment continuously for the leave period.
If the employee fails to return from the leave at the expiration of 12 workweeks for a reason other than the recurrence, continuation, or onset of a serious health condition for which leave under this policy is allowed or other circumstances beyond the employee's control, the City can recover any health plan premiums paid by the City on the employee's behalf during any periods of the leave.
Return Rights
After CFRA leave, employees are guaranteed a return to the same or comparable position and can request the guarantee in writing. If the same position is no longer available, the City must offer a position that is comparable in terms of pay, benefits, shift, schedule, geographic location, and working conditions, including privileges, perquisites, and status, unless the City can prove that no comparable position exists.
An employee is not entitled to reinstatement if the employee would have been otherwise laid off or terminated for reasons unrelated to their leave.
When the leave is for the employee's own serious health condition, the City requires such employee to provide medical certification they are released to return to work, specifying the date they are able to do so.
To File a Complaint
Any employee with questions about CFRA or to request CFRA leave should contact the Human Resources Manager.
The City complies with applicable family care, medical leave, and military family leave laws. Under the CFRA it is unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under the CFRA; or discharge or discriminate against any person for opposing any practice made unlawful by the CFRA or for involvement in any proceeding under or relating to the CFRA.
If an employer has engaged in any unlawful activity mentioned above, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The CFRA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. 57 If you have questions, or would like further clarification about your rights under the CFRA or other types of leave, please contact the Human Resources Manager. Separately, employees may file complaints of claimed violations of CFRA with the California Civil Rights Department (CRD), which is authorized to investigate such complaints. For more information, visit the CRD's website at http://calcivilrights.ca.gov.
SEC. 811 PREGNANCY LEAVE
Eligibility for Leave
In addition to CFRA, the City provides job-protected leave or accommodations to employees disabled by pregnancy, childbirth, or a related medical condition. Pregnancy disability leave (PDL) is available when an employee is actually disabled, up to a total of four months. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.
Pregnancy-related disability leaves may be taken intermittently, or on a reduced-hours schedule, as medically necessary.
Reasonable Accommodations for Pregnancy Disability
Moreover, an employee is entitled to a reasonable accommodation for pregnancy, childbirth, or related medical conditions if she so requests and provides the City with medical certification from her healthcare provider. In addition to other forms of reasonable accommodation, a pregnant employee is entitled to transfer temporarily to a less strenuous or hazardous position or to less hazardous or strenuous duties if she so requests, the transfer request is supported by proper medical certification, and the transfer can be reasonably accommodated.
Employees returning from pregnancy-related disability leave generally are entitled to be reinstated to the same position, subject to certain conditions, and consistent with applicable law.
Substitution of Paid Leave for Pregnancy-Related Disability Leave An employee taking pregnancy-related disability leave must substitute any available sick pay for her leave and may, at her option, substitute any accrued vacation time for her leave. The substitution of paid leave for pregnancy-related disability leave does not extend the total duration of the leave to which an employee is entitled.
Leave's Effect on Benefits
During a pregnancy-related disability leave, the City will continue to pay for the employee's participation in the City's group health plans, to the same extent and under the same terms and conditions as would apply had the employee continued in employment continuously for the leave period.
Thus, the employee must continue to pay their share of the health plan premiums during the leave. If paid sick leave is substituted for any portion of the leave that is unpaid leave, such payments will be 58 deducted from the employee's pay through the regular payroll deductions. Otherwise, the employee must make arrangements with the City for the payment of such premiums.
The City may recover from the employee the premiums the City paid to maintain coverage for the employee under the group health plan if the employee fails to return from leave after the period of leave has expired and the employee's failure to return is for a reason other than: (i) the employee is taking (i.e., has transitioned over to) leave under the California Family Rights Act, unless the employee chooses not to return after the CFRA leave, in which case the City can recover such premiums; (ii) the continuation, recurrence, or onset of a health condition that entitles the employee to Pregnancy-Related Disability Leave, unless the employee chooses not to return after the Pregnancy- Related Disability Leave, in which case the City can recover such premiums; (iii) non-pregnancy related medical conditions requiring further leave, unless the employee chooses not to return to work following the leave, in which case the City can recover such premiums, or (iv) other circumstances beyond the employee's control.
It is the City's policy that, similar to other unpaid leaves, during any unpaid portion of a Pregnancy- Disability Leave, employees will accrue employment benefits, such as sick leave, vacation leave, and seniority, only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual.
Employee benefits may be continued during the unpaid portion of the pregnancy-related disability leave according to the provisions of the City's various employee benefit plans.
Other Terms and Conditions of Leave
Consistent with the City's practice for other employees returning from a disability leave for reasons other than pregnancy, the City requires that an employee returning from pregnancy-related disability leave provide a release to return to work from her healthcare provider stating she is able to resume her original job or duties.
The provisions of the City's family care and medical leave policy regarding the leave's effect on pay, notice requirements, medical certification requirements, and reinstatement also apply to all pregnancy- related disability leaves. However, for pregnancy-related disabilities, there is no process for obtaining more than one medical opinion. For the purpose of applying those provisions, an employee's pregnancy-related disability is considered to be a serious health condition.
So that an employee's return to work can be properly scheduled, an employee on pregnancy-related disability leave is requested to provide the City with at least two weeks' advance notice of the date she intends to return to work.
If an employee fails to return to work promptly at the end of the pregnancy disability leave, unless other arrangements are made in advance, the City will assume the employee has voluntarily resigned. 59 SEC. 812 LACTATION ACCOMMODATION
The City recognizes that breast milk is the optimal food for growth and development of infants. In compliance with SB 142, this policy is to establish guidelines for promoting a breastfeeding-friendly work environment and supporting lactating employees at the City for as long as they desire to express breastmilk. The City supports the legal right and necessity of employees who choose to express milk in the workplace.
Communication
A copy of this policy will be provided to every newly hired employee and to any employee who inquires about or requests pregnancy or parental leave.
The City will respond to an employee's written request for lactation accommodation within (5) five business days.
Use of Meal and Rest Breaks
The City provides a reasonable amount of break time to accommodate an employee's need to express breast milk or accommodate any medical condition related to breast-feeding.
The break time should, if possible, be taken concurrently with other rest and meal break periods already provided.
Nonexempt employees should clock out for any time taken that does not run concurrently with normally scheduled rest periods and such time will be unpaid.
Lactation Space
The City provides breastfeeding employees with space in close proximity to the employee's work area that is shielded from view and free from intrusion from co-workers and the public, to express breastmilk. The room or location may include the place where the employee normally works if it otherwise meets the requirements of the lactation space. Restrooms are prohibited from being utilized for lactation purposes.
The lactation space will:
• Be safe, clean, and free of toxic or hazardous materials (as defined in Labor Code Section 6382); • Contain a place to sit, a surface to place a breast pump and personal items; • Have access to electricity;
• Have access to a sink with running water and a refrigerator in close proximity to the employee work area;
• Multi-purpose rooms may be used as lactation space if they satisfy the requirements for space; however, use of the room for lactation takes priority over other uses.
Retaliation Related to Breastfeeding or Expressing Milk is Prohibited The City prohibits retaliation against lactating employees for exercising their rights granted by the law. This includes:
60 • The denial of reasonable break time or adequate space to express milk. • An employer shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise any right protected under the law. • An employee may report a violation of this chapter to the Labor Commissioner's field enforcement unit.
Employer Records
The City maintains a record of the written requests for Lactation Accommodation that includes the name of the employee, the date of the request, and a description of how the employer resolved the request.
If the City denies a request for Lactation Accommodation the employer must save the written denial.
All written request and denial records must be maintained for (3) three years from the date of written request.
SEC. 813 OTHER DISABILITY LEAVES
In addition to medical or pregnancy-related disability leaves described in previous sections, an employee may be eligible for a temporary leave of absence consistent with the ADA or FEHA, when necessary to reasonably and temporarily accommodate work restrictions or limitations. Any leave under this section will run concurrently with any medical leave to which the employee is entitled.
SEC. 814 MILITARY LEAVE
The City will comply with all applicable laws and regulations regarding military leave. Generally, an unpaid military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. Please see the Human Resources Manager as soon as you become aware of the need to take a leave. Employees returning from military leave will be reinstated into their former position or into another position of equal pay and status, consistent with applicable laws. Questions on military leave should be directed to the Human Resources Manager.
SEC. 815 VICTIMS OF DOMESTIC VIOLENCE
If an employee is the victim of domestic violence, sexual assault, stalking, or an offense listed in Labor Code section 230.5, that employee may take time off to attend necessary court hearings. The employee should notify their supervisor and the Human Resources Manager of the time needed to attend such hearings as much in advance as possible. The Human Resources Manager may require the employee provide certification as described in Labor Code sections 230 and 230.5. The City will maintain the confidentiality of any employee requesting this time off.
This leave is unpaid. However, you may use accrued paid sick leave or vacation, personal leave or other accrued leave balances. Even if you do not have paid leave, you still have the right to time off. 61 SEC. 816 TIME OFF FOR VOTING
In the event an employee does not have sufficient time outside of working hours to vote in a statewide election, the employee may take off enough working time to enable them to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for the most free time, and the least time off from the regular working shift. Under these circumstances an employee will be allowed a maximum of two (2) hours on the Election Day without loss of pay. Where possible, the employee shall give their supervisor at least two days' notice that time off to vote is needed.
SEC. 817 BEREAVEMENT LEAVE
An employee, who has been employed for at least 30 days prior to the commence of the leave, is eligible to take up to five (5) days of bereavement leave upon the death of a qualifying family members. For purposes of this Section, a qualifying family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
The leave does not need to be taken consecutively. The employee must complete the bereavement leave within three months of the family member's date of death. Three of the five days are paid. The remaining two days are unpaid. However, you may use accrued paid sick leave or vacation, personal leave or other accrued leave balances. Even if you do not have paid leave, you still have the right to time off.
SEC. 818 SCHOOL ACTIVITIES
If it becomes necessary for an employee who is the parent or guardian of a child to attend the child's school to participate in certain school-related activities with their children. Parents may: (1) participate in activities of the school or licensed child care provider of a child; (2) find, enroll, or re- enroll a child in a school or with a licensed child care provider; or (3) address a "child care provider or school emergency." The employee shall notify their supervisor as soon as possible so that alternative arrangements may be made. Employees authorized to take time off for school activities must use accrued vacation time or other available accrued paid time off. Pursuant to California Labor Code Section 230.7, no discriminatory action will be taken against the employee for taking time off for this purpose.
SEC. 819 COOL-DOWN/RECOVERY PERIOD
Employees who work outside shall be allowed and encouraged to take a cool-down rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating.
62 SEC. 820 BENEFITS WHILE ON LEAVE
Unless otherwise required by these Rules and Regulations, while an employee is on an authorized leave of absence, the City will continue - for up to six (6) months - to pay for the employee's participation in the City's group health plans to the same extent and under the same terms and conditions as would apply had the employee not taken leave.
The City will continue to deduct the employee's portion of the health plan premium from their paycheck to the extent the employee's leave is paid. To the extent any portion of the employee's leave is unpaid, the employee must pay, directly to the City, their cost of the health plan premium.
The City will send an invoice each month. If the employee fails or refuses to remit any payment within 30 days of the date of invoice, the City will issue a 10-day notice of cancellation. If payment is not received within this 10-day period, the City will terminate City-sponsored health benefits and provide COBRA notification to the employee.
If the employee remains on leave for greater than six (6) months, the City will terminate City- sponsored health benefits and provide COBRA notification to the employee. 63 CHAPTER 9 - TERMINATION OF EMPLOYMENT
SEC. 901 TERMINATION: RESIGNATION
An employee wishing to leave the service of the City in good standing either by resignation or retirement shall give the Department Head at least two (2) weeks' written notice, unless approval for a shorter notice is obtained, in writing and in advance, from the Department Head.
SEC. 902 TERMINATION: ABSENT WITHOUT LEAVE
Absence without leave, without authorization, for more than three (3) consecutive work days or shifts may be deemed to be a voluntary resignation, and may result in automatic termination of employment as provided in SEC. 1002 (g).
SEC. 903 TERMINATION: LACK OF WORK OR FUNDS
An employee may be terminated by the City Administrator because of changes in duties or organization, abolishment of position, shortage of work or funds, or completion of work. In cases involving regular employees only, a notice of such termination will be given to the employee at least two (2) weeks prior to the effective date of termination. Such terminations shall not be subject to appeal unless provided for by law, local ordinance, or established agreement.
In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of lay-off shall be in the reverse order of total cumulative time the employee has served.
For the purpose of determining order of lay-off, total cumulative time shall include the employee's time served in probationary and regular status (including authorized medical leaves of absence and time served on military leave of absence) while assigned to the current job classification.
SEC. 904 TERMINATION: NON DISCIPLINARY ACTION
Temporary, hourly, contract and probationary employees may be terminated by the City Administrator at any time, with or without notice for cause or for the convenience of the City. Regular employees terminated by the City Administrator for cause or for the convenience of the City shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in SEC. 1003, etc. seq. Such cause shall be other than cause for disciplinary action set forth in SEC 1002 et seq., and shall include but not be limited to inefficiency, incompetency, physical disability or mental disability.
SEC. 905 TERMINATION: DISCIPLINARY ACTION
An employee may be terminated at any time as disciplinary action as provided in Chapter 10 of these Rules and Regulations.
64 SEC. 906 RETIREMENT: APPLICABLE REGULATIONS
SERVICE AND MAINTENANCE UNIT MOU Article 12 and POLICE UNIT MOU Article 13 Retirement from the municipal service shall be subject to the terms and conditions of the City's Retirement System. Currently, the City provides the following retirement benefits:
a. PERS, 3% at age 55 Plan (eligible Public Safety employees). b. PERS, 3% at age 60 Plan (CLOCEA, Classified, Management/Mid-Management employees, City Administrator).
SEC. 907 RETIREMENT: EARLY RETIREMENT
SERVICE AND MAINTENANCE UNIT MOU Article 12 and POLICE UNIT MOU Article 13 Early retirement may be granted with reduced benefits, provided an employee has reached the minimum eligible age established by CaPERS and complies with all early retirement provisions established by CaPERS.
65 CHAPTER 10 - DISCIPLINARY PROCEEDINGS
Unless otherwise specified by a memorandum of understanding, the following constitutes the City's policy regarding disciplinary actions:
SEC. 1001 DISCIPLINARY PROCEEDINGS: POLICY COVERAGE
The following categories of persons can be terminated at-will and have no rights to any of the pre- or post-disciplinary processes or procedures in this Policy:
(1) Temporary or hourly employees,
(2) Provisional or seasonal employees,
(3) Probationary employees,
(4) Any person who serves pursuant to a contract, and
(5) Any person who is designated "at-will" in any City policy, document, acknowledgement, resolution or ordinance.
In addition, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is not subject to any disciplinary penalty which is inconsistent with the FLSA overtime-exempt status.
SEC. 1002 DISCIPLINARY PROCEEDINGS: CAUSES FOR DISCIPLINE Regular employees may be counseled, admonished, reprimanded, suspended, placed on disciplinary probation, incur a reduction in pay, demoted or discharged tor, including but not limited to, any of the following causes of discipline:
1. Violation of any department rule, City policy or City regulation, ordinance or resolution;
2. Absence without authorized leave, except in emergency situations where advance contact with the City could not be made;
3. Persistent unexcused and/or unscheduled tardiness;
4. Deliberately making any false statement, omission or misrepresentation of a material fact;
5. Deliberately providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment;
6. Inexcusable neglect of duties;
Persistent job performance below standards;
Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions:
• Conviction of a felony or offense involving moral turpitude. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendre, regardless of sentence, grant of probation, or otherwise. • The damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.
9. Insubordination; or insulting or demeaning the authority of a supervisor or manager;
10. Dishonesty;
11. Theft;
12. Violation of the City's or a department's confidentiality policies, or disclosure of 66 confidential City information to any unauthorized person or entity;
13. Misuse or unauthorized use of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, City vehicles or Intellectual Property;
14. Mishandling of public funds;
15. Falsifying any City record;
16. Substantiated discourteous treatment of the public or other employees;
17. Failure to cooperate with employee's supervisor or fellow employees;
18. Willful violation of safety, endangering persons or property;
19. Violation of City policy against harassment, discrimination and retaliation;
20. Unapproved outside employment or activity that violates City policy, or other enterprise that constitutes a conflict of interest with service to the City;
21. Unbecoming conduct that causes discredit to the City, the employee's City employment, to the public service, or other employee's employment;
22. Failure to comply with OSHA Safety Standards and City safety-related policies;
23. Altering, falsifying, and tampering with time records, or recording time on another employee's time record;
24. Carrying firearms or other dangerous weapons on City premises at any time, unless authorized to do so.
SEC. 1003 DISCIPLINARY PROCEEDINGS: ADMINISTRATIVE LEAVE A Department Head may place an employee on an administrative leave with pay pending a potential disciplinary action. Administrative leave with pay is authorized: (1) when the Department Head believes that the employee's continued presence at the work site could have detrimental consequences for City operations, or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken ir accordance with these procedures.
SEC. 1004 DISCIPLINARY PROCEEDINGS: TYPES OF DISCIPLINE The City strives to correct pertormance matters through corrective feedback, and does not strictly subscribe to progressive discipline. The City reserves the right to implement any level of discipline it deems appropriate under the particular set of circumstances. The types of personnel actions and/or discipline are:
1. Counseling Memo
A counseling memo shall be retained in the supervisor's working file only and until the next performance evaluation for the affected employee is completed. A counseling memo may not be appealed under this policy.
2. Verbal Admonishment or Reprimand
A verbal admonishment or reprimand will be memorialized in writing and retained in the supervisor's working file only and until the next performance evaluation for the affected employee is completed. A verbal reprimand may not be appealed under this policy.
3. Written Admonishment or Reprimand
A Department Head may reprimand an employee by turnishing a written statement of the specitic reasons for reprimand. A copy of the reprimand will be retained in the employee's personnel file, and, except for sworn police officers (see below), may not be appealed. The employee has the right to have 67 a written rebuttal attached to the reprimand in the employee's personnel file if the rebuttal is submitted to the Personnel Department within thirty (30) working days of the date the reprimand was received.
Sworn police officers have the right to administratively appeal written reprimands. A sworn police officer who wishes to appeal a written reprimand must submit a request to the Police Chief within ten (10) days of receipt of the written reprimand. The employee will be provided with an administrative appeal consistent with the Skelly conference procedures described in Section 1005, paragraph 2. The decision of the Police Chief or designee to sustain, modity or dismiss the written reprimand is final.
Once a sworn police officer has had an opportunity to read and initial any written reprimand prior to entering into a file, the employee shall be given an opportunity to respond in writing to any such written reprimand within thirty (30) days. Any such response shall be attached to and retained with the original reprimand.
a. Suspension Without Pay
A Department Head may suspend an employee from their position for cause. Documents related to a suspension shall become part of the employee's personnel file when the discipline is final. An employee subject to suspension will receive prior written notice and may respond as provided herein.
a. Demotion
An employee may be demoted for cause. Documents related to a demotion shall become part of the employee's personnel file when the discipline is final. An employee subject to demotion will be entitled to prior written notice and may respond as provided herein. An employee so affected may be "Y-rated".
a. Reduction in Pay
A Department Head may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee's personnel file when the discipline becomes as provided herein.
a. Termination
A Department Head may terminate an employee from their position for cause. Documents related to termination shall become a part of an employee's personnel file when the discipline becomes final. A terminated employee is entitled to prior written notice and may respond as provided herein.
SEC. 1005 DISCIPLINARY PROCEEDINGS: SKELLY PROCESS
PRE-DISCIPLINARY PROCEDURE FOR SUSPENSION, DEMOTION, REDUCTION IN PAY. OR DISCHARGE
Only regular, for-cause employees have the right to respond to proposed discipline and the appeal procedures outlined in this Section.
a. Notice of Intent to Discipline
The employee will be provided a written notice of intent to discipline that contains the following in the event of a proposed suspension, demotion, reduction in pay or termination:
: The specific charges upon which the intended discipline is based; The level of discipline intended to be imposed 68 • A summary of the facts upon which the charges are based; • Notice the employee may receive a copy of all written materials, reports, or documents upon which the intended discipline is based;
• Notice of the employee's right to respond to the Department Head regarding the charges within seven (7) calendar days from the date of the Notice, either by requesting a conference, or by providing a written response, or both;
• Notice of the employee's right to have a representative of their choice at the conference, should they choose to respond verbally; and
• Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
2. Employee's Response and the Skelly Conference
a. If the employee requests a conference to respond verbally to the charge(s), the conference must take place no more than fourteen (14) calendar days after the date of the Notice. The conference will be an informal meeting with the Department Head, at which the employee has an opportunity to rebut the charges and present any mitigating circumstances. The Department Head will consider the employee's presentation before any final disciplinary action is imposed.
The employee's failure to make a verbal response at the arranged conference time, or the caption in is co a i cas, in proposed asping actin wil Be mosc on the date specified in the Notice.
3. Final Notice of Discipline
Within five (5) calendar days of receipt of the employee's timely written response or within five (5) calendar days of the informal conference, the Department Head will; (1) dismiss the Notice of Intent and take no disciplinary action against the employee, (2) modify the intended disciplinary action, or
(3) impose the intended disciplinary action.
In any event, the Department Head will prepare and provide the employee with a written notice that contains the following:
• The level of discipline, if any, to be imposed and the effective date of the discipline; • The specific charges upon which the discipline is based; • A summary of the facts upon which the charges are based; • based: an all written materials, reports, or documents upon which the discipline is • A statement of the nature of the employee's right to appeal, if any.
SEC. 1006 DISCIPLINARY PROCEEDINGS: EVIDENTIARY APPEAL
1. Request for Appeal Hearing
A regular, non-probationary employee may appeal from a final notice of discipline in the form of 69 suspension, demotion, reduction in pay that exceeds the equivalent of 40 or more hours of work, or termination, by delivering a written answer to the charges and a request for appeal to the Human Resources Manager, who will forward the appeal to the Hearing Officer designated by the City Council. The written answer and request for appeal must be received no later than ten (10) calendar days from the date of the Department Head's Final Notice of Discipline.
While such hearings are typically closed meetings, the employee may request that the meeting be open.
2. Selection of Hearing Officer; Date and Time of the Appeal Hearing The parties shall mutually select the Hearing Officer from the Mediator Referral List posted on the Tulare County Superior Court website or the State Mediation and Conciliation Services, subject to agreement by the parties. The Hearing Officer selected shall be experienced in public employment matters, employment rules and regulations and the conduct of administrative, evidentiary hearings.
If the Hearing Officer selected is not available to conduct the Hearing within the time period specified, the parties shall select another Hearing Officer.
The Hearing Officer will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request tor appeal, and in no event later than 6u days atter the request tor appeal. An employee who, having filed a timely written answer and request for appeal, has been notitied of the time and place of the appeal hearing, and who tails to appear personally at the hearing, may be deemed to have abandoned their appeal. In such a case, the Hearing Otticer may dismiss the appeal.
3. Identification of Issues, Witnesses and Evidence
No later than ten (10) calendar days prior to the appeal hearing, each party will provide the other and the Hearing Officer a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a briet summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identity its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing who has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show they could not have reasonably anticipated the need for the witness or exhibit. The Hearing Officer will state at the beginning of the hearing the decision as to the precise issue(s) to be decided.
4. Conduct of the Appeal Hearing
a. Subpoenas
The City Administrator has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving their own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they are required to be present, unless the City agrees to a different arrangement. b. Continuances
The hearing may be continued on mutual agreement of the parties. In the absence of such agreement, the Hearing Officer may continue a scheduled hearing only upon good cause shown.
70 c. Record of the Proceedings
All disciplinary hearings will, upon agreement of the parties, be either recorded by a court reporter or tape recorded.
d. The Hearing Officer's Authority During the Hearing
The Hearing Officer has the authority to control the conduct of the hearing. Once the hearing has concluded, the Hearing Officer shall issue a written recommendation to the City Administrator to affirm, modify, or revoke the discipline. e. Conduct of the Hearing
The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the Hearing Officer decides is the most conducive to determining the truth.
Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if made at the time the evidence is presented.
The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.
The Hearing Officer shall determine relevancy, weight and credibility of testimony and evidence.
During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party.
All witnesses shall be sworn in for the record prior to testifying at the hearing. The Hearing Officer or the court reporter shall request each witness to raise their right hand and respond to the following: "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?"
f. Burden of Proof at the Hearing
The City has the burden of proof by a preponderance of the evidence. g. Right to Due Process
The employee shall have the following due process rights during the hearing:
• The right to be represented by legal counsel or another chosen representative, at their own expense;
• The right to call and examine witnesses on their behalf; • The right to introduce evidence;
• The right to cross-examine opposing witnesses on any matter relevant to the issues; • The right to impeach any witness regardless of which party first called them to testify; and
• The right to rebut evidence against them.
h. Hearing to be Closed to the Public
The hearing will be closed to the public unless the employee requests that it be open.
Presentation of the Case
The parties will address their remarks, evidence, and objections, to the Hearing Officer. The Hearing Officer may terminate argument at any time and issue a ruling regarding an objection or any other matter. For good cause or by agreement of the parties, the Hearing Officer may alter the order of witnesses. The Hearing Officer may limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the Hearing Officer directs otherwise:
• The Department shall be permitted to make an opening statement. • The employee shall be permitted to make an opening statement. • The Department shall produce its evidence.
• The employee shall produce his or her evidence.
• The Department, followed by the employee, may offer rebuttal evidence. • Closing arguments of no more than 30 minutes shall be permitted at the discretion of the Hearing Officer. The Department shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal. j. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall, by written submission or verbal presentation, demonstrate courteous and professional behavior. k. Written Briefs by the Parties
The Hearing Officer or the parties may request the submission of written briefs. The Hearing Officer will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.
Written Findings and Decision - Recommendation
The Hearing Officer shall submit their written findings and recommendations, within fourteen (14) calendar days after the hearing has been completed and the briefs, if any, 72 have been submitted. The Hearing Officer's advisory decision shall set forth the recommendations as to each of the charges and the reasons thereof.
The decision of the Hearing Officer is advisory only. The proposed decision shall be filed with the City Administrator, and shall set forth all findings and recommendations. Copies of the proposed decision shall also be sent to the parties or their respective legal counsel. It a dismissal is not sustained, the proposed decision shall set forth the recommended ettective date the employee is to be reinstated, which may be at any time on or atter the date the disciplinary action went into etfect. If the substantial discipline is not sustained, the proposed decision shall set forth the recommended action.
The City Administrator shall review the proposed decision of the Hearing Officer within fourteen (14) calendar days of its receipt and shall issue a written decision within fourteen (14) calendar days. The written decision of the City Administrator may ratify, modify or reverse the proposed decision of the Hearing Officer.
m. Proof of Service of the Written Findings and Final Decision The City Administrator shall send the written decision to the parties and/or their respective legal counsel, along with a proof of service of transmission. The decision of the City Administrator shall be a final and binding administrative decision. n. Statute of Limitations
Pursuant to Code of Civil Procedure section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Tulare.
73 CHAPTER 11 - GRIEVANCE PROCEDURES
POLICE UNIT MOU Article 28
SEC. 1101 PURPOSE OF CHAPTER
To provide a means for expressing and seeking a solution to a dissatisfaction or complaint on the conditions or practices associated with personnel transactions, work environment, or relations with City and employee for which there is believed to be an equitable and justifiable solution. This procedure is for use of any regular, non-probationary employee of the City. The procedure's intent is to settle all grievances at the earliest possible step and is based on the cooperativeness of each person involved. The intent shall be to resolve a grievance within thirty (30) days.
For purposes of this policy, a "grievance" is defined as a dispute that: (1) is job-related; (2) is wholly or partially within the province of the City to remedy; (3) concerns terms and conditions of employment; (4) involves the interpretation, application or alleged violation of these Rules and Regulations or a current MOU; and (5) is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement. Disciplinary procedures are not subject to the grievance.
SEC. 1102 REPRESENTATION AND REGULATIONS
The processing of a grievance shall be considered as City business. The grieving employee may have one (1) representative of their choice present at all stages of the grievance procedure, except that no one may be represented by an employee they supervise, their supervisor or department head, nor an employee involved in the grievance. If the grieving employee's representative is a City employee, that employee will receive time-off from their work assignment for the time of the grievance meeting or mediation. Forty-eight (48) hours prior to any grievance meeting, the employee shall inform the immediate supervisor or Department Head whether they will be represented at the grievance meeting and shall identify the representative.
When more than one employee has a common grievance, they may initiate a single grievance proceeding to be heard by the Supervisor who has responsibility of the aggrieved. Time limits established in the grievance procedure may be extended by mutual agreement. Grievances shall be processed on the form attached to this policy, or by request of the Human Resources Manager.
SEC. 1103 EMPLOYEE GRIEVANCE PROCEDURE
STEP ONE - INFORMAL DISCUSSION: A complaint shall first be discussed with the immediate supervisor. When a complaint cannot be settled during an informal discussion between the employee and the employee's immediate supervisor, there may be a further informal discussion between the employee, the employee's supervisor and the employee's representative of the employee organization. If there is no acceptable solution reached at the Step One level, the formal grievance procedure can then be initiated at the Step Two level 74 STEP TWO - FORMAL GRIEVANCE: The employee must complete the first step of the grievance form, stating the problem and suggested solution. The form shall be submitted to the immediate supervisor within five (5) working days from the date of the last informal discussion with the employee and/or the employee's organization representative. The immediate supervisor shall promptly provide a copy of the grievance to the Human Resources Manager. Within five (5) working days thereafter, the immediate supervisor shall provide a written decision on the grievance form, and provide the decision to the aggrieved employee and the Human Resources Manager.
STEP THREE - DEPARTMENT HEAD REVIEW: If the grievance is not resolved at Step Two, the aggrieved employee may, within five (5) working days after receipt of the Step Two decision, appeal the immediate supervisor's decision to the Department Head. The aggrieved employee must provide the Department Head: (1) a copy of the original grievance; (2) a copy of the immediate supervisor's decision; and (3) a concise statement of the reasons supporting the Department Head's review. The Department Head shall discuss the problem with the aggrieved employee and the association representative, if any. Within five (5) working days of the Department Head's discussion with the aggrieved employee, the Department Head shall issue a written decision on the grievance form, and provide the decision to the aggrieved employee and the Human Resources Manager.
STEP FOUR - CITY ADMINISTRATOR REVIEW: If the grievance is not resolved at Step Three, the employee may, within three (3) working days after receipt of the Department Head's decision: (a) notify the Human Resources Manager they wish to have the matter mediated by the State Conciliation and Mediation Services (SCMS); or (b) appeal the Department Head's decision to the City Administrator. If the aggrieved employee elects to have the matter heard by SCMS and the matter is not resolved, then it shall proceed to the City Administrator for review.
In that instance, the aggrieved employee must provide the City Administrator within three (3) working days after receipt of the SCMS decision: (1) a copy of the original grievance; (2) a copy of the immediate supervisor's decision; (3) a copy of the Department Head's decision; and (4) a concise statement of the reasons supporting the City Administrator's review. The City Administrator shall discuss the problem with the aggrieved employee and the association representative, if any. Within three (3) working days of the City Administrator's discussion with the aggrieved employee, the City Administrator shall issue a written decision on the grievance form, and provide the decision to the aggrieved employee and the Human Resources Manager. In all cases, other than dismissal, the City Administrator's decision is final.
STEP FIVE - CITY COUNCIL REVIEW: In cases involving dismissal, within ten (10) working days of receipt of the City Administrator's decision, the employee may appeal to the City Council. The employee must deliver to the Clerk of the Council: (1) a copy of the original grievance; (2) a copy of the immediate supervisor's decision; (3) a copy of the Department Head's decision; (4) a copy of the City Administrator's decision; and (5) a letter of explanation which sets forth in detail the grounds for the appeal. City Council shall hold a hearing on the matter. The hearing shall be conducted during a closed session of a regular City Council 75 meeting. Witnesses may be called and the employee may be represented by a person of the employee's choice. The Council shall record its decision on the grievance form at the earliest possible date after the grievance was filed with the Clerk of the Council. The Council's decision shall be final. The Clerk of the Council shall furnish a copy of the Council's decision to the appealing employee, their representative, the City Administrator, and the appointing authority concerned.
SEC. 1104 CONDUCT OF GRIEVANCE PROCEDURE
a. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the City.
b. The employee may request the assistance of another person of their own choosing in preparing and presenting the grievance at any level of review. c. Employees shall be free from reprisal for using the grievance procedure. 76 CITY OF EXETER
GRIEVANCE FORM
STEP: • TWO • THREE • FOUR • FIVE
Employee Name
Job Title
Supervisor
Department
Department Head
Employee: For Step Two, please describe the issue you are grieving and the suggested solution. For all other Steps in the grievance process, please provide a copy of the original grievance and supervisor decision, along with a concise statement of the reasons you are requesting review at the higher Step..
Employee Signature:_ Date:
Reviewer: I have reviewed the concerns raised on your grievance and respond as follows:_ My specific actions or plans to take in response to this grievance are:
Reviewer Signature:_ Date:
77 CHAPTER 12 - ACCIDENT PREVENTION PROGRAM
SEC. 1201 SAFETY
All employees shall abide by and adhere to all safety rules and regulations pertaining to their department and areas of work.
Appropriate action will be taken against any employee who fails to follow and abide by safety regulations established by the City or any appropriate rule, regulation, or law.
The Department Safety Representative shall prepare a summary of each accident that occurs in their departments throughout the year and will submit these summaries to the Safety Committee four times per year. Four times per year, the Safety Committee shall review the summary of all accidents and provide their findings and recommendations to the Safety Coordinator in writing not later than twenty- five (25) working days after review. Said recommendations shall be advisory to the Safety Coordinator for modifications to future training matrices.
The City shall pay the difference between the cost of normal eyeglasses and safety glasses when such safety glasses are necessary for the safe performance of employee duties. The City's expense shall not exceed $50. The department's clothing and personal expense budget shall be used to meet the City's cost under this article. Claims filed under this article shall be limited to one per fiscal year, per individual.
Department Safety meetings shall be held not less than once per month for the purpose of informing employees of applicable safety rules and regulations pertaining to their respective departments and areas of work. A summary report of these safety meetings shall be provided by the Department Safety Representative, to the Safety Coordinator within 10 working days of the meeting. Said safety meetings shall be considered as City business.
SEC. 1202 GENERAL POLICY
The City of Exeter believes that safe working conditions for all its employees can be attained through strict compliance with safety procedures and practices, proper use of safety equipment, proper job instruction, frequent review of safe practices, and adequate supervision.
These procedures define the City of Exeter's policy with reference to safety practices, and establish responsibilities for the administration and coordination of an effective safety program as outlined below.
SEC. 1203 BASIC PRINCIPLES
To make the safety program effective, the following basic principles regarding accident prevention are presented:
a. All accidents can and must be reduced in numbers.
78 b. Prevention of accidents is an operating responsibility. c. It is possible to eliminate operating hazards.
d. All employees must understand it is to their advantage as well as the City's to work safely.
They are expected to cooperate to this end.
e. Active and responsible supervision is a vital factor in carrying out a successful safety program.
f. Accident prevention is good business as it affects humanity, efficiency and economy.
SEC. 1204 GENERAL RESPONSIBILITIES
a. City of Exeter
The City of Exeter recognizes the need for the development of safe working practices for every job. It promotes the advancement of safety in design of buildings, equipment, tools, and other work devices.
b. Safety Coordinator
Responsibility for the promotion and coordination of the accident prevention program generally throughout the City departments lies with the Safety Coordinator. The Safety Coordinator shall guide the activities of the assigned Department Safety Representatives and Safety Committee.
Department Responsibility
Each department shall assign a Department Safety Representative and definite safety plan by means of which safe working practices will be brought to the attention of every employee. d. Supervisory Responsibility
All Supervisors will consider it an essential part of their job to administer the safety program.
e. All employees are required, as a condition of their employment, to follow all established safety practices.
SEC. 1205 SAFETY COMMITTEE
1. Membership
To carry out the safety program, a Safety Committee shall be established which includes the Department Safety Representatives, with membership approved by the City Administrator and/or the Safety
Coordinator.
79 2. Appointments
Except for the Executive Secretary who is permanently appointed, the remaining four (4) members shall serve for one (1) year. Subsequent appointees will also serve one (1) year terms, with half of the membership terminating their positions on alternate years. Those appointed members wishing to retain membership after a one (1) year term may do so upon the approval of their Department Head and only after giving first consideration to any other individual from the same department who may wish to serve on the Safety Committee. Department Safety Representatives are to be appointed by the Department Heads from the respective departments.
These are Administration, Police, Public Works, and Finance Departments. The Chair is elected by Committee Members.
3. Safety Committee Coordinator
The Safety Coordinator shall coordinate all safety activities within the City, and shall keep records of all department safety meetings, Safety Committee meetings, and prepare the agendas and minutes.
4. Meetings
The Central Safety Committee shall meet bi-annually in the City Hall Council Chambers and/or other location as agreed.
5. Duties and Responsibilities
The duties and responsibilities of the Safety Committee are as follows:
a. Conduct accident and/or injury investigation(s).
b. Review and act upon matters referred by the City Administrator, Department Heads and employees generally.
c. Identify and evaluate safety trends and issues within the City and recommend potential courses of action for accident prevention.
d. Educate employees to understand safety rules by:
(1) Use of films on accident prevention.
(2) Publication of safety bulletins.
(3) Distribution of general topics on accident prevention. (4)Evaluating standards of safe operation and coordinating all phases of accident prevention.
6. Quorum
A quorum shall consist of three (3) members present to conduct any official business. 80 7. Departmental Duties and Responsibilities
Every effort shall be made to resolve safety problems at the department level. In order to assure an effective accident prevention program, the following duties and responsibilities are to be assumed by the designated department:
a. To carry out the safety program of its respective Department Safety Representative. b. To review all accident reports in the department for the purpose of determining causes and recommending appropriate preventive measures.
c. To develop, in cooperation with the Safety Committee, standards of safe operation for all departments.
d. To make suggestions and recommendations to the Safety Committee for improvements in the safety program.
e. To provide for a Departmental Safety Representative that monthly to discusses safety with the department personnel, to take remedial action where necessary, and to forward action taken or recommendations made to the Safety Committee for its review. Such reports should be submitted at the end of each month.
81 CHAPTER 13 - ACCIDENT INVESTIGATION
SEC. 1301 GENERAL POLICY
As a corollary to its overall safety functions, the Safety Committee shall meet, as occasion demands, to review the circumstances of any incidents involving City-owned property, including all power driven vehicles, accidents, and/or thefts.
SEC. 1302 TYPES OF INCIDENTS
Incidents may be divided into the following categories:
1. Theft of City-owned property.
2. Personal injuries or property damage.
3. Accidents involving power driven equipment:
a. On the job;
b. Off the job involving City equipment; and/or
c. After regular hours of work involving City equipment.
SEC. 1303 OBJECTIVES
It shall be the Safety Committee's function to evaluate all aspects of an accident in order to:
Ascertain the facts; and
Assess responsibilities; and
Report this assessment to the Department Head and/or City Administrator; and Provide recommendations for future loss prevention.
SEC. 1304 PROCEDURES
Upon report of an incident involving City-owned property and/or power-driven equipment, the Committee shall perform the following:
1. Review the Police Report. Accidents on public roadways involving City vehicles must be promptly reported to the Police Department or respective law enforcement agency if the accident occurs outside City limits.
2. Review the Department Head's report. Any vehicle accident involving a City employee will be reported to the Safety Committee by the Department Head concerned, in written form, stating any facts which are pertinent to the accident. The Department Head shall promptly provide a copy to the Human Resources Manager.
82 3. The Committee has the option of interviewing the individual(s) involved in the incident.
Under such circumstances, the affected employee may have a representative of their choosing present at the interview; however, the interview is not subject to unreasonable delay to accommodate any particular representative. When the Committee determines the incident was avoidable, and the employee's conduct contributed to the incident, the employee will be advised they can request, through their Department Head, to come before the Committee and explain the incident if they do not agree with the findings.
4. Assess responsibility of the individual(s) concerned.
Based on the information obtained in steps 1, 2, and 3 above, the Safety Committee will make a determination as to whether, in their opinion, the accident was a result of:
a. No Negligence - Due care was exercised.
b. Contributory Negligence - Failure on the part of two or more parties to exercise the care that prudent persons usually exercise.
c. Negligence - Failure to exercise the care that a prudent person usually exercises. d. Gross Negligence - Being of such a degree of negligence or carelessness as to amount to the want of slight diligence, an entire failure to exercise so slight a degree of care as to justify the belief there was entire indifference to the safety of others or the property of others and a conscious indifference to consequences. To constitute gross negligence, it is not, however, necessary there exist and be present either willfulness or wantonness.
5. Submit assessment to the Department Head and the City Administrator for any further action they may deem warranted. The Department Head then is to report back to the Safety Coordinator as to what action, if any, has been taken. This action may include changes in procedures, policies or use of equipment, and/or discipline.
SEC. 1305 FILE COPIES
When it is determined an employee's conduct contributed to an avoidable incident, copies of all written reports that pertain to the incident shall be prepared for inclusion in the personnel file of the person(s) concerned
83 CHAPTER 14 - ACCIDENT REPORTING PROCEDURES
SEC. 1401 REPORTING PROCEDURES
The primary reason for specifying a precise procedure for reporting accidents is to protect the employee by ensuring they receive all available benefits under the City's Workers' Compensation Law. Failure to follow the prescribed accident reporting procedures outlined in this section may result in the employee being required to pay medical expenses which otherwise may have been covered by Workers' Compensation and/or discipline.
SEC. 1402 EMPLOYEE INJURY
When an employee becomes injured on the job it shall be their responsibility to promptly seek out adequate medical treatment as indicated by the following guidelines. a. Injuries of a minor nature requiring first-aid treatment only, shall be treated immediately by the employee or a fellow employee and reported to the employee's Supervisor as soon as possible.
In all cases an injury of this nature must be reported to the Supervisor on the same day it occurs, no matter how minor the injury. The Supervisor and employee shall then determine whether the injury is serious enough to require medical attention from a physician. b. Employee involved in an accident causing a serious injury shall be referred immediately to seek appropriate medical attention.
The employee's Supervisor shall be notified as soon as possible concerning the accident and the condition of the injured employee. It shall be the Supervisor's responsibility to immediately notify the Safety Coordinator and determine whether CalOSHA must be notified of the incident and/or other action taken. The Supervisor shall record the CalOSHA contact information including date, time and CalOSHA representative badge number. c. Public safety employees (police officers) who develop conditions that are presumed to be caused on the job, shall notify their Supervisors immediately after receiving such a diagnosis from their physician. After receiving such notification, the Supervisor shall report the employee's condition in the same manner prescribed below.
The supervisor of an injured employee shall complete the Worker's Compensation Claim Form (DWC1) & Notice of Potential Eligibility the same day the accident is reported and provide to the employee. If the employee signs and submits the DCW1, the Supervisor should have the employee call the nurse hotline to be triage (if not an emergency) and provide the original DCW1 to Human Resources within one (1) day for processing.
To help reduce and manage risk, the Supervisor will complete the "Supervisor's Accident In- vestigation Report." The original will be provided to the Department Head for review and signature.
The Department Head will retain a copy of their departmental file and forward the original to the 84 Human Resources Manager. A redacted copy of the Supervisor's Accident Investigation Report removing all personal information will be included in the quarterly Safety Committee Review File for discussion at future meetings.
Human Resources will report all injuries incurring medical cost to the Worker's Compensation Claims Adjustor by no later than two (2) working days following the employee's injury. This report will be made by completing the Employer's Report of Industrial Injury Form 5020 and providing it along with the DCW1 to the Worker's Compensation Claims Adjustor. The original DCW1, Form 5020 and Supervisor's Report of Accident will be filed in the employee's confidential section of the personnel file.
In the case of accidents which do not involve medical cost because they have been treated with first- aid by our own City staff, the Form 5020 will not be completed and forwarded to the Worker's Compensation Claims Adjustor However, for this type of accident, the DCW1 will be filed in the Human Resources for possible future use in the event of complications. 85 CHAPTER - 15 AUTO ACCIDENTS
SEC. 1501 IF YOU HAVE AN AUTOMOBILE ACCIDENT
The City, through its managers, supervisors, and employees should make every effort to prevent automobile accidents. Most accidents are avoidable, but if you should be unfortunate enough to be involved in one, you should carefully observe the following:
DO:
1. In the event of personal injuries, it is your legal duty to see that the injured party receives "first- aid". This is not an admission of liability.
2. Stop immediately and get full information to assist in completing the accident report. Report carefully the position of respective cars, objects and other property; the location and length of any skid marks, the distance traveled by each car after the collision, any unusual conditions of the roadway or site of the incident, and the vicinity of the respective cars, objects or property involved. These are all important in identifying responsibility for the accident.
3. Report ALL accidents occurring on public roadways and/or off City property to the Exeter Police Department as soon as possible. If the accident occurs outside of the City of Exeter, notify the appropriate law enforcement agency for reporting purposes.
4. All accidents should also be promptly reported to your Supervisor, as well as the City of Exeter Human Resources Manager.
5. Obtain the name, address, age, and telephone number of ALL witnesses including occupants of the other car. If a name or address is refused or cannot be obtained, get the license number of their car, or if a police officer is present, obtain their contact information and, if available, the incident report number.
DO NOT:
1. Do not make an admission as to your negligence or fault for ANY accident, and under no circumstances assume liability or authorize any repairs on the other party's automobile. Such acts violate the provisions of our insurance policy. Refer all claimants to the City Administrator's office; if it is determined you are liable, their claim will be promptly taken care of.
2. Do not take part in any altercation or argument with the other party. You cannot win an argument of this kind, and it only makes it more difficult for the insurance adjuster, who has to take up the accident where you leave off.
86 3. Do not sign any statement or discuss the accident with an adjuster of any other insurance company, or any attorney or representative of the injured or damaged party. Refer any such person to the City Administrator's office.
87 CHAPTER 16 - ACTIONS ON SAFETY VIOLATIONS
SEC. 1601 POLICY FOR DISCIPLINARY ACTION ON SAFETY VIOLATIONS The City of Exeter, in an effort to ensure compliance with safety regulations, reserves the right to take any disciplinary action it deems reasonable and appropriate under the circumstances of a particular situation.
CHAPTER 17 - SAFETY RULES AND PROCEDURES
SEC. 1701 GENERAL SAFETY RULES
1. Supervisors shall be responsible for familiarizing employees with the hazards of the job and the best way to deal with them.
2. All employees shall continuously observe their work area, equipment, and procedures for safety hazards.
3. If you are not sure how to do a job safely, ask your Supervisor.
4. Promptly report all unsafe conditions to your Supervisor and/or the Safety Coordinator.
5. Horseplay, scuffling and other distracting acts shall be prohibited.
6. No one shall be permitted or required to work while their ability or alertness is impaired by fatigue, intoxication, illness or other causes, which pose a risk of injury to themselves or others.
7. Extreme care should be used when handling flammable and/or toxic materials.
8. Do not operate equipment which is not included in your duties.
9. Always inspect equipment before using.
10. Loose or frayed clothing, dangling ties, finger rings, etc., shall not be worn around moving machinery or other sources of entanglement.
11. Soiled or saturated clothing, especially when it is flammable, shall be cleaned before being worn.
12. Machinery is not to be repaired or adjusted while in operation, nor shall oiling of moving parts be attempted, except with the use of appropriate safeguards and in accordance with manufacturer recommendations.
13. Wear approved PPE and other safety equipment at all required times.
14. When storing materials or equipment, care should be taken to prevent falling or spreading.
15. Keep floors dry and clean at all times.
16. Lift properly, seek assistance if necessary.
17. Also watch for cords - never extend across an aisle or walkway. 89 18. Never remove plugs by pulling cord.
19. Do not run or jump down from a height unless absolutely necessary.
20. Do not use any defective tools, machinery or equipment, report any to the Supervisor.
21. Report all accidents to your Supervisor at once.
22. Walk, don't run, and use handrails when available.
23. Encourage an active safety program - accident investigations, inspections, meetings, reports, analysis tests of equipment, physical examinations, enforcement of rules.
24. When working with chemicals and toxic materials, wash hands frequently, and before smoking and eating.
25. All flammable and toxic materials should be properly labeled.
ALL SUPERVISORS WILL CONDUCT PERIODIC INSPECTIONS OF WORK AREAS, IN-
STALLATIONS, EQUIPMENT, MATERIALS, AND WORKING PROCEDURES TO DETECT HAZARDOUS PHYSICAL CONDITIONS OR UNSAFE WORK PROCEDURES. 90 CHAPTER 18 - SAFETY PROGRAM
SEC. 1801 PURPOSE
The City of Exeter has as its primary goal the control and reduction of accidents. It is evident accidents cannot be totally eliminated, but they can and should be controlled and reduced. In order to accomplish this goal, the attention will focus on refining of operation procedures, employee training, and maintaining healthful working conditions.
The Administrative responsibility of the Safety Program must rest primarily at the departmental level.
Each Department Head must assume the leadership within that department to assure accidents are controlled and reduced.
SEC. 1802 RESPONSIBILITIES - DEPARTMENT HEADS
Each Department Head must accept the responsibility for the accident record and training for their department, and should make every effort to resolve safety problems at departmental level. Each Department Head must provide the leadership, influence, and stimulus necessary to keep employees active in their accident prevention efforts.
SEC. 1803 DUTIES - DEPARTMENT HEADS (or their designee) a. Observe, evaluate, and counsel employee performance. b. Immediately correct all unsafe conditions.
c. Schedule and give safety talks (10-15 minutes) at least monthly. d. Communicate management goals to employees.
e. Schedule departmental safety inspections.
f. Fill out and report to the Human Resources Manager all injuries and accidents. g. Observe and correct unsafe employee acts through training and, if necessary, disciplinary measures.
h. Carry on a continuous Safety Training Program, including new employee orientation and retraining of regular employees.
91 DUTIES - EMPLOYEES
a. Perform duties in accordance with established safety procedures, recognizing responsibility for their own safety and that of fellow employees.
b. Report all injuries as soon as possible.
c. Report all observed hazards.
d. Actively participate in the Safety Program.
SEC. 1804 EQUIPMENT
a. Always keep passenger compartment of vehicle free of loose objects, i.e., bottles, lunch boxes, unless securely fastened.
b. Machinery or equipment shall be operated in a manner with manufacturer requirements and recommendations and shall not be operated in a manner that will endanger persons or property, nor shall the safe operating speeds or loads be exceeded. c. Safety equipment and clothing i.e., hard hats, gloves, approved eyewear, etc., are meant to protect you and must be worn as required by established safety protocols. d. Machines that are controlled automatically must be labeled as such. e. A pre- and post-inspection must be conducted for equipment such as trucks, tractors, etc., and the inspection must include checking for fuel, oil, water, tires, insurance information, etc. as required for the particular equipment.
f. You must be trained in proper use and approved by your Supervisor before using any equipment.
HANDLING TOOLS AND MATERIALS
a. Always use the proper tools for the job, examining them for flaws, correct sizes and cutting edges before using.
b. Keep machinery and equipment clean and in good working order. c. Guards and safety devises should be kept in place at all times. d. Do not leave running machinery unattended.
e. Materials must be placed or stored only in authorized areas. 92 f. Make sure you are familiar with the Material Safety Data Sheets (MSDS) and know first aid procedures for any materials you work with.
HOUSEKEEPING
a. Never toss tools around.
b. Put everything back in its proper place.
c. Any spilled oil or grease should be cleaned up immediately. d. Work area should be neat and free of unnecessary objects. e. Scrap metal and rubbish should be placed in proper containers. f. Any wires or lines should be kept out of walking areas. 93 CHAPTER 19 - MISCELLANEOUS
SEC. 1901 REPORTS OF CHANGE IN STATUS
All actions involving employment and change in status of employment shall be reported by the Department Head to the City Administrator on City of Exeter Personnel Action Forms. A copy of the completed report shall be furnished to the employee involved.
SEC. 1902 DAMAGE CLAIMS
Any employee of the City of Exeter filing suit against a third party for damages arising from occupational injury shall notify the City Administrator of the amount of damages collected from such suits in order that all expenses paid by the City may be recovered.
SEC. 1903 GRATUITIES
No officer or employee of the City shall solicit or accept any gratuity for services rendered.
SEC. 1904 OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in outside employment shall first obtain a non-City conflict approval from the Department Head. The employee shall submit a statement to the Department Head on a standard City form, naming the prospective employer, employer address and telephone number, and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the Department Head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Human Resources Manager, and shall be re-submitted prior to July 1, each year to maintain a valid continuous authorization.
No equipment, vehicles, tools, supplies, machines, documents, computers, printers, software, data, or any other item which is the property of the City shall be used by the employee while engaged in outside employment.
Employees must in no way represent themselves as a City employee while conducting outside employment activities. The City is not liable to any employee or other individual for any loss, injury or damages that may occur as a result of performing outside employment.
SEC. 1905 EDUCATION BENEFITS
POLICE UNIT MOU Article 24 and SERVICE AND MAINTENANCE UNIT MOU Article 22 Full-time, regular City employees are eligible to receive reimbursement for tuition, books, parking, and fees for educational purposes that tend to improve their ability to accomplish their City jobs, up to an established limit and subject to the administrative rules and procedures of the City or individual bargaining unit MOU. All courses must receive prior approval of the Department Head and City 94 Administrator. The maximum reimbursement per fiscal/school year for full-time unrepresented employees is $750.00.
SEC. 1906 COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN
CITY BUSINESS
At times employees may be required to use their personal car for business purposes. Reimbursement for the operating expenses of the car will be calculated by multiplying the number of miles traveled by the currently approved Standard Mileage Rate published by the IRS. The costs of commuting (travel between home and the work site) will not be reimbursed.
SEC. 1907 UNIFORM ALLOWANCE AND RELATED PROVISIONS
POLICE UNIT MOU Article 23 and SERVICE AND MAINTENANCE UNIT MOU Article 21 a. Sworn, Non-Probationary Employees of the Police Department The City shall pay a sum as established in the bargaining unit MOU, paid semi-annually to all sworn, non-probationary Police personnel. Management employees in the Police Department shall be afforded the same uniform allowance granted to sworn police employees.
SEC. 1908 POLITICAL ACTIVITIES
The political activity of City employees shall be governed by the appropriate provisions of the Government Code.
SEC. 1909 CONFLICTS OF INTEREST
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 interest, or would tend to impair the independence or judgment in the performance of their official duties.
SEC. 1910 HEALTH PLAN
POLICE UNIT MOU Article 14 and SERVICE AND MAINTENANCE UNIT MOU Article 13 The City currently retains a health program (medical/dental/vision benefits) that currently covers each full-time employee, with employee contributions established by the City Council and reflected in the appropriate MOUs. Providing employee with dependent coverage for their family, such coverage is available to the employee at a cost as agreed to in the individual bargaining unit MOU or as established by City Council. Comparable benefits shall be afforded to unrepresented/management employees.
95 SEC. 1911 MISCELLANEOUS PROVISIONS
The provisions of these Rules and Regulations shall not be interpreted or applied in a manner that is arbitrary, capricious, or discriminatory. Rules designed to implement these Rules and Regulations shall be uniform in application and effect.
These Rules and Regulations shall in no way affect the rights of employees and the Association to meet-and-confer on any personnel matter provided for in Section 3500 of the California Government Code.
SEC. 1912 SAFETY SHOES
SERVICE AND MAINTENANCE UNIT MOU Article 21
a. The City may require employees to wear safety shoes based upon their job duties. Allowances or reimbursements for required safety shoes shall be provided in the appropriate MOU.
SEC. 1913 PAY PLAN
See current budget.
SEC. 1914 DISABILITY PLAN
a. Short-Term Disability Plan
The City currently provides a short-term disability plan for all eligible employees. Exeter Police Officer Association secures its own plan in coordination with the City; the City sponsors the plan for all other eligible employees. There is a 30-day waiting period for short-term disability benefits. b. Long-Term Disability Plan
The City currently provides a long-term disability plan for all eligible employees. Employee bargaining units may choose to secure their own long-term disability coverage for their member employees and shall do so in coordination with the City.
SEC. 1915 LIFE INSURANCE PROGRAM
a. The City currently provides all employees with a life insurance policy in the amount of three (3) times their annual salary up to a maximum of $100,000 (per policy). The City shall comply with state and federal taxation requirements for life insurance benefits. b. The City currently provides $5,000 Dependent Life Insurance coverage for each dependent of an employee.
SEC. 1916 LEAVE DONATION POLICY
1. PURPOSE:
The purpose of this policy is to allow and enable employees to assist one another who are off work due to illness or injury and who have exhausted their own personal leave banks (sick leave; vacation leave; administrative leave; etc.) until such time workers' compensation and/or disability benefits become effective.
2. POLICY
Donating Employee
• Must be a "regular" employee with full-time status;
• Donation must be no less than 8 hours;
• Must have at least 100 hours left in their sick leave bank after donation; • Cannot donate more than 40 hours of sick time to any single co-worker within a 12 month period;
• Donations are voluntary and confidential; and
• Donations are not reversible once payroll has been processed.
Receiving Employee
• Must be a "regular" full-time employee;
• Must have exhausted all of their leave banks;
• Eligibility will depend, in part, on the determination the requesting employee has not irresponsibly or unwisely failed to accrue or otherwise used or abused their leave. This determination will be made by the Human Resources Manager after consulting with the Department Head and Leave Donation Committee.
• Must request solicitation for donation in writing to the Human Resources Manager; • State and Federal taxes on the value of donated leave shall be deducted from the receiving employee's pay at the time of usage and will be treated as regular income; • Donated time will be used on an hour for hour basis as needed; • May not receive more than 160 hours of donated time in a 12 month period; • Employees will not be eligible for the Leave Donation program if they are eligible to receive or are receiving Workers' Compensation, State Disability, Short-Term or Long-Term Disability or 4850 time or equivalent benefits.
3. PROCEDURE
A. Request for donations must be in writing to the Human Resources Manager.
Attached must be a written statement from an attending physician estimating the amount of time the employee will be off.
97 B. In accordance with established guidelines, requests will be reviewed by a Leave Donation Committee consisting of the Department Head, Human Resources Manager and a representative of the requesting employee's labor organization, if any.
C. Donating employee will submit a request in writing to the Human Resources Manager. The Human Resources Manager will verify the eligibility of the donating party and forward this to the Administrative Office for approval of the transfer of sick leave benefits.
D. The donated leave will be placed in a Leave Donation Time Bank and disbursed as the need arises. Time is released on a pay period by pay period basis. No retroactive donations are permitted. The sale of accrued leave to any employee is prohibited.
SEC. 1917 SUBSTANCE ABUSE PREVENTION POLICY
Purpose
The City is committed to providing a safe working environment and, likewise, expects its employees to report to their jobs physically and mentally fit for work. To achieve these goals, the City takes a firm and positive stand against drug and alcohol abuse. This policy is intended to ensure a drug- and alcohol-free environment.
Application
This policy applies to all City employees. In addition to this policy, employees who perform safety sensitive functions and/or possess a Class A or Class B license as a condition of employment, are subject to SEC. 320. Please be advised SEC. 320, consistent with the regulations for safety sensitive employees and holders of a Class A or B license sets the minimum requirements for testing of those employees. The City's Substance Abuse Prevention Policy, in certain instances, may be more stringent.
Policy
It is the policy of the City to maintain a work environment free from drug and alcohol abuse. The City prohibits the unlawful manufacture, distribution, dispensation, possession, sale, offer to sell, purchase, offer to purchase and/or unlawful use of controlled substances. Controlled substances include, but are not limited to, marijuana, heroin, cocaine, LSD and amphetamines. It is also unlawful and against City policy for an employee to take prescription medication without a valid prescription and/or in an amount in excess of what has been prescribed.
Employees who have been informed or have discovered the use of a legal drug (for example, over the counter drugs and/or prescription medication) may adversely affect job performance or behavior are to immediately report such drug use and possible side effects to their Supervisor and/or Human Resources Manager.
98 Possession, distribution, or consumption of alcoholic beverages while on City property, while conducting any activity related to the City or while in City uniform, except as expressly authorized by the City Administrator and only to the extent it is not unlawful and does not adversely affect the reputation of the community, is strictly prohibited.
Employees must remain free from the influence of controlled substances, over the counter or prescription medication, and alcohol while on duty and while subject to duty.
Employee Responsibilities
An employee must:
• Not report to work or be subject to while their ability to perform job duties is impaired due to on- or off-duty alcohol or drug use.
• Not possess, provide, or use illegal drugs (including prescription medication without a prescription) while on duty, or subject to being called to duty or at any time when use may result in the employee being impaired while on duty.
• Not possess, provide, or use alcohol during working hours or while subject to duty, on breaks, during meal periods or at any time while in a City-operated facility or on City property; except for specific designated City functions or at the discretion of the City Administrator. • Submit immediately to an alcohol and drug test when requested by a Department Head or Human Resources Manager.
• Notify their supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, the employee knows or should know may interfere with the safe and effective performance of duties or operation of City equipment. • Provide within 48 hours of request, 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.
• An employee involved in an injury accident, who is found to be under the influence of alcohol and/or drugs, may be held personally liable for the accident and injuries, including punitive damages.
• Notify the Human Resources Manager within five (5) days after conviction (including a plea of nolo contendere) for any drug offense occurring in the workplace.
Management Responsibilities
• Supervisors are responsible for distribution and reasonable enforcement of this policy. • Supervisors, with approval from their Department Head or Human Resources Manager, may request an employee submit to a drug and/or alcohol test when they have a reasonable suspicion 99 an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called.
"Reasonable suspicion" is a belief, based on objective facts, sufficient to lead a reasonably prudent Supervisor to suspect an employee is under the influence of drugs or alcohol. • Any Supervisor requesting an employee to subject to a drug and/or alcohol test should document in writing the facts constituting reasonable suspicion the employee in question is intoxicated or under the influence of drugs.
• Any Supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and disciplinary consequences of this policy. Where there is reasonable suspicion the employee is under the influence of alcohol or drugs, the Supervisor should request the employee remain at the workplace for a reasonable time until the employee can be safely transported home. • Supervisors shall immediately notify their Department Head and Human Resources Manager when they have reasonable suspicion to believe an employee may be in possession of alcohol and/or illegal drugs. If the Department Head and/or Human Resources Manager concur there is reasonable suspicion to believe the employee is in possession of such, the appropriate law enforcement agency shall be promptly notified, if appropriate.
Types of Testing
The City reserves the sole and absolute right to test employees under the following conditions:
1. Pre-employment/post-conditional job offer
2. Reasonable suspicion
3. Post-accident
Pre-Employment/Post-Conditional Job Offer Testing
Applicants shall be subject to a pre-employment drug and/or alcohol analysis after a conditional job offer has been made and accepted. Applicants who refuse to complete the necessary paperwork and test, or who test positive on the drug/alcohol screen will have the conditional job offer rescinded.
Reasonable Suspicion Testing
The City may require a drug/alcohol test whenever it suspects an employee's work performance or on- the-job behavior may have been affected in any way by alcohol or drugs, or an employee has otherwise violated this Policy. An employee must complete the necessary drug/alcohol information and consent forms prior to the testing.
Reasonable suspicion includes, but is not limited to observations of slurred speech, excessive physical and verbal arguments, confusion, disorientation, personality changes, unsteady walking and movement, possession of alcohol or drugs, odor of marijuana or alcohol, or credible information obtained from other employees based on their personal observations. Reasonable suspicion can also 100
result when an employee has been involved in an on-the-job accident and the employee's conduct can be considered a contributing factor to the accident.
Post-Accident Testing
An employee will, at the discretion of the City, be subject to drug/alcohol testing when they are involved in an on-the-job accident resulting in property damage or personal injury requiring medical attention.
Consequences for Policy Violations
Any applicant or employee who violates this policy shall be subject to discipline, up to and including termination of employment.
Violations include, but are not limited to the following:
• Testing positive for any illegal drug (except marijuana) or prescription drug without a valid prescription;
• Testing positive for being under the influence of marijuana; • Testing positive for alcohol;
• Failing or refusing to notify your Supervisor about any over-the-counter or prescription medication that may impact your ability to safely perform your duties; • Possession, use, manufacture or dispensation of any illegal drug; • Failure to appear at a collection site for any test within a reasonable time, as determined by the City;
• Failure to remain at the collection site until the testing process is complete; Failure to provide a specimen;
• Failure to permit a monitored or observed collection if the City ordered or if the collector required the collection to be monitored or observed;
• Failure to provide a sufficient amount of urine specimen, provided the collector finds there was no medical reason for the employee to provide insufficient amount of urine; • Failure or declining to take an additional drug/alcohol test the City or collector has directed; • Failure to cooperate with any part of the specimen collection process; • Possess or wear a prosthetic or other device that could be used to interfere with the collection process if the employee is found to have or wear a prosthetic or other device designed to carry clean urine or a urine substitute;
• Admit to the collector to having adulterated or substituted the specimen; • Adulterate or substitute a urine specimen.
Confidentiality
Laboratory reports or test results shall not appear in an employee's general personnel folder.
Information of this nature is contained in a separate confidential medical folder securely kept under the control of the Human Resources Manager.
The reports or test results may be disclosed to the Human Resources Manager and/or Supervisor strictly on a need-to-know basis and to the tested employee, upon request. Disclosures, without patient consent, may also occur when:
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• The information is compelled by law or judicial or administrative process; • The information has been placed at issue in a formal dispute between the City and employee; • The information is to be used in administering an employee benefit plan; and/or • The information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure.
Employee Assistance
Employees who believe they may have an alcohol or drug problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program (EAP). EAP is a part of a network of professional counselors and designed to provide help for employees who, among other things, may have an alcohol or drug problem or both.
SEC. 1918 SMOKING/VAPING/TOBACCO USE PROHIBITED
Smoking, vaping and the use of any other tobacco product is prohibited by any City employee while on duty and performing any work duty(ies) and/or using any City equipment; while on City premises unless in a designated smoking area; while in any City vehicle; or while in uniform, except when the employee is on their designated rest or meal break.
SEC. 1919 ELECTRONIC COMMUNICATIONS RESOURCES
The City encourages the use of electronic communications resources to share information in support of its mission of public service and to conduct its business. This policy governs all Electronic Communications Resources including, but not limited to, the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants, smartphones, Blackberry devices, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, agency hosted social media, and documentation that supports electronic communications services ("Electronic Communications Resources"). Employees have no expectation of privacy with respect to the use of any of City's Electronic Communications Resources.
Electronic Communications. The City's email system is an official communication tool for City business. An official email address is established and assigned by the City to each employee. All City communications sent via email will be sent to this address. City employees must use the official agency email, instead of their private email address (such as Yahoo, Gmail, etc.) when communicating City business via email.
Electronic Communications Resources must be used in compliance with applicable statutes, regulations, and the City's policies including those that require a work environment free from discrimination and harassment. Electronic communications are expected to conform to the same standards of propriety and respect as any other verbal or written communication at the City. 102
Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive or illegal.
The City, as the provider of access to its Electronic Communications Resources, reserves the right to specify how those resources will be used and administered to comply with this policy. It is important to realize the message content sent from the City's account reflects upon the City (positively or negatively) to those who receive the message. Employees may be subject to disciplinary action for using the Electronic Communications Resources in a manner other than for their intended purposes, or in a manner that violates applicable laws, rules and policies.
Electronic communications to recipients on systems outside of the City pass through systems and networks not managed by the City. The privacy and confidentiality of these messages is, therefore, not assured. In addition, some delivery methods and networks impose legal restrictions regarding the nature of messages allowed. Users are expected to comply with all such regulations. Employees and other users of the Electronic Communications Resources may create criminal and civil liability for themselves and the City by using outside or third party systems in an offensive, defamatory or illegal manner and in such event employees and other users may be subject to disciplinary action up to and including termination.
SEC. 1920 NEPOTISM
It is the policy of the City of Exeter to recruit, hire and assign all employees on the basis of merit and fitness in accordance with all applicable rules and regulations. Nepotism is prohibited in the workplace because it is antithetical to the City's merit based system.
Nepotism is defined as the practice of an employee using their influence or power to aid or hinder another in the employment setting because of a personal relationship. Personal relationships for this purpose include but are not limited to, association by blood, adoption, marriage and/or cohabitation.
In addition, there may be personal relationships beyond this general definition that could be subject to these policies.
When determining how to de fine personal relationships within a department's policy, many include definitions that apply narrowly to relationships of blood, marriage, and adoption. It should be noted this definition may be too narrow as it fails to consider the additional types of work relationships that may apply to nepotism such as when two people live together outside of marriage, and personal friendships that may involve stronger personal commitments than family relationships. The intent of the City's policy is first and foremost to prevent favoritism or bias based on a personal relationship.
The City is committed to the policy of recruiting, hiring and assigning employees on the basis of merit.
While there may be situations where it is appropriate for two individuals who have a personal relationship to work in the same program or activity, the City is particularly cautious regarding the following potentially sensitive situations: (1) where persons who have a personal relationship work in a small unit in close association; (2) where persons who have a personal relationship work for the 103
same supervisor; and (3) where persons who have a personal relationship have a direct or indirect supervisor/subordinate relationship.
When evaluating the potential impact of personal relationships, the City carefully evaluates the following factors to ensure there is no adverse effect on the workplace:
• The work production of the unit;
• The safety, security, and morale of the employees in the unit; and • The fair and impartial supervision and evaluation of employees.
While it is unlawful to discriminate on the basis of marital status, the City is permitted to make employment decisions for bona fide business reasons of supervision, safety, security or morale. (See Gov. Code § 12940 (a)(3)(A); Cal. Code Regs. tit. 2, § 11057.) In circumstances where a personal relationship has had a demonstrable adverse impact on the work of employees in the unit or the fair and impartial supervision and evaluation of the employees in the unit, the City may consider possible alternatives to ensure the workplace is fair and equitable. However, in all circumstances, there will be a legitimate, work-related basis for the City to implement a strict prohibition against personal relationships.
This policy affords the City the ability to evaluate each situation and determine whether the relationship has an adverse impact on the workplace. Strict prohibitions extend to those situations where a personal relationship between employees is likely to adversely impact an employee's ability and fitness to accomplish their specific job duties or when the relationship has an adverse impact on the workplace.
Employees who, while employed by the City, develop a personal relationship that meets the definition described herein, have an affirmative obligation to notify the Human Resources Manager so that appropriate steps can be put in place.
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City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: H5 X City Council
Wording for Agenda: Authorize $11,000 in change orders to the Regular Session:
architect contract with EBM Design Group of Visalia, CA for the Police/Administration building improvement design. X Consent Calendar
Submitting Department: Administration - Regular Hem _ Public Hearing Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 Review:
Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
Staff recommends that the Council authorize $11,000 in change orders to the architect contract with EBM Design Group of Visalia, CA for the Police/Administration building improvement design.
Summary:
In May of 2022 Council awarded and authorized the City Administrator to execute a sole source agreement with EBM Design Group in the amount of $35,000 to provide construction bid drawings and specifications to stucco the outside of the Police/Administration building, provide code required ADA upgrades with minor floor plan modifications and upgrade of existing heating and cooling systems.
Over the last few months staff and the architect began working the project into their schedule and discussing architectural and structural needs for the project. As the needs of the Police Department were determined the scope of work became more defined. To cover the scope of work that has been developed, the Architect has determined the need for additional design from subconsultants in the areas of civil engineering ($5,000), plumbing ($2,500) and electrical ($3,500) to complete design and bid documents for the building renovation.
The Architect anticipates that plans will be ready to submit for permitting in 8 to 10 weeks.
Once building permits are approved, the bid package would then be put out to bid to contractors to perform the work. With the low construction bid for the work, the required funding and the construction contract would be brought to Council for approval. Staff anticipates follow up landscaping work adjacent to the building since the existing landscape next to the exterior walls will likely be destroyed or need to be removed to conduct the work on the exterior walls.
Background: As part of the Measure P expenditure plan development, staff identified the need for work to be done on the Police/Administration building due to deterioration of the exterior finishes and a poor performing heating and cooling system for the building due to past renovations. It was discussed that the City will likely not be in a position to make significant facility changes soon, so making existing facilities last further into the future will be important.
As such, approximately $150,000 of Measure P funding was planned to provide for replacing the existing exterior wood siding with stucco and making other required modifications. In preparation for work on the building, a termite inspection and treatment were conducted, and mold detection and removal were also completed. The mold removal resulted in temporary repairs in the back wall of the building.
As staff began exploring getting bid plans prepared, it was clear that assistance from an architect would be needed to determine the full scope of work for the bid plans. Due to the need for getting this work completed staff contacted Architect Eric McConnaughey, AIA with EBM Design Group to assist in developing the scope of work. Based on discussions with the architect it became clear that at least some ADA updates would also be required due to building code requirements. In addition, some modifications would be needed to the structure to reduce the amount of structural weight added by replacing wood siding with stucco, which could also provide improved visual aesthetics. The Architect's scope of work included providing renderings of the building with the proposed modifications for Council review and approval prior to completing the construction plans. Council approved the renderings at their meeting on January 24, 2023.
Fiscal Impact: An additional $11,000 for subconsultants to provide information needed to foringte the design and bid documents. It is planned that this cost will be paid from ARPA Prior Council/Board Actions: Previous funding programmed into Measure P and ARPA, award of architectural services contract and approval of building renderings.
Attachments: None
Recommended motion to be made by Council/Board: I move to authorize $11, 000 in change orders to the architect contract with EBM Design Group of Visalia, CA for the Police/Administration building improvement design.
ORDINANCE 712
AN ORDINANCE OF THE CITY OF EXETER AMENDING TITLE 17 (ZONING), OF THE EXETER MUNICIPAL CODE, BY ADDING TEXT AMENDMENTS TO CHAPTER 17.64 TO ADD "ACCESSORY DWELLING UNITS" AS A SECTION OF THE SPECIAL USES CHAPTER The City Council of the City of Exeter does ordain as follows:
Section 1. The City Council of the City of Exeter hereby amends Title 17, of the Exeter Municipal Code, by amending the text of Chapter 17.64, to add "Accessory Dwelling Units" as a section of the Special Uses Chapter; and
Section 2. The City Council of the City of Exeter has determined that the proposed amendment to the Municipal Code is consistent with the General Plan; and Section 3. All ordinances and parts thereof of the City of Exeter Municipal Code in conflict herewith are hereby repealed; and
Section 4. This ordinance shall take effect (30) days after adoption. Prior to the expiration of fifteen (15) days from the passage hereof, this Ordinance shall be published once in a local paper of general circulation and delivered within Exeter, together with the names of the members of the City Council voting for and against the matter.
Section 5. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions or this ordinance.
Section 6. The City Council of the City of Exeter hereby codifies the amendments made to Chapter 17.64 of Title 17 (Accessory Dwelling Units" attached in Exhibit "A" of this Ordinance). Text additions are shown in Exhibit A.
The foregoing Ordinance 712 was considered by the City Council of the City of Exeter upon a motion of Council member _ second by Council member at a regular meeting of the Exeter City Council on the 23rd day of May 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
Deputy City Clerk
Exhibit "A"
17.64.11 Accessory Dwelling Units (ADUs)
A. Purpose and Intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units ("ADUs") and junior accessory dwelling units ("'JADUs").
1. This section is intended to comply with Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code sections 65852.2 and 65852.22.
2. An ADU or JADU that complies with this section is considered an accessory use or an accessory building that does not exceed the allowable density tor the lot upon which it is located.
3. An ADU or JADU that complies with this section is considered a residential use that is consistent with the existing general plan and zoning designations for the lot.
4. An ADU or JADU that complies with this section will not be considered in the application of any other local ordinance, policy, or program to limit residential growth.
5. ADUs and JADUs will be counted for purposes of identifying adequate sites for housing in the City's Housing Element.
B. Definitions. The following definitions apply to the operation of this Section. To the extent these definitions conflict with definitions found elsewhere in this title, the definitions set forth in this Section shall control.
1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated. An ADU may be an efficiency unit or a manufactured home.
2. "Efficiency unit" has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit.
b. The unit has a separate closet.
c. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub or shower.
3. "Floor area" or "Total floor area" means the entire ground-level square footage of the structure, including the living area, as defined, and any non-habitable area within the structure, such as a garage or storage space.
4. "Impact fee" has the same meaning as the term "fee" is defined in Government Code section 66000(b), except that it also includes fees specified in Government Code section 66477. "Impact fee" does not include any connection fee or capacity charge.
5. "Junior accessory dwelling unit" or "JADU" means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
6. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7. "Multi-generational dwelling unit" means a dwelling unit, that does not include a kitchen, contained entirely within the walls of an existing single-family residence where access is not restricted between areas of the residence.
8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards, but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.
9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
10. "Permanent provisions for cooking" has the same meaning as "kitchen."
11. "Permanent provisions for sanitation" and "sanitation facilities" means a separate bathroom containing a water closet, lavatory, and bathtub or shower. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
13. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
14. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Applications. ADUs and JADUs shall conform to the following submittal requirements.
1. A scaled plot plan of the subject parcel on which the ADU or JADU will be located shall be provided. Indicate the location and dimensioned setbacks, and of all existing and proposed structures on the site. Provide dimensions of all easements, right-of- way(s), building envelopes, parking, and paved areas.
2. Complete floor plans of both existing and proposed conditions shall be provided.
Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted.
3. Provide elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards.
a. A second dwelling unit shall have a roof pitch and roof overhang equal to the roof pitch and roof overhang of the primary residence.
b. A secondary dwelling unit shall provide one off-street parking space. This parking space may be covered or uncovered and shall meet all parking space location, dimension, and surfacing requirements of the zoning district in which it is located, unless otherwise exempted under state law.
C. The address and mailbox for the second dwelling unit shall be located near the public right-of-way.
D. Designated Areas. ADUs and JADUs are allowed in all residential zoning districts, including mixed-use zones where residential uses are permitted, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety and designate specific areas based on these findings. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.
E. Development Standards. ADUs and JADUs may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height, floor area ratio, open space, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirement or standard does not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and 65852.22.
1. Number of Units. Not more than three (3) dwelling units shall be permitted on a single-family lot, which shall include not more than one (1) existing primary residence and may include not more than one (1) ADU and not more than one (1) JADU.
2. Relation to Primary Dwelling. The ADU must be either: (1) attached to, or located within, the existing primary dwelling, including attached garages, storage areas or similar uses within the primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code section 65852.2(e), a JADU must be contained entirely within the walls of the existing single-family residence.
3. Setbacks.
a. No setback is required for an ADU constructed or installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or to a portion of an b. A minimum setback of four (4) feet from the side and rear lot lines is required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure.
4. ADU Unit Size.
If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling.
b. The total floor area for a detached ADU may not exceed 1,200 square feet. c. An attached or detached one-bedroom ADU may not be more than 850 square feet of living area.
d. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area.
e. An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an efficiency unit is not permitted.
5. JADU Size.
a. A JADU may not be more than 500 square feet in size.
6. Exceptions.
Notwithstanding any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, or minimum lot size, an attached or detached ADU will be permitted if the ADU is:
a. Not more than 800 square feet of total floor area;
b. Not more than 16 feet in height;
Has at least four-foot side and rear yard setbacks; and d. Is constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code.
7. ADU Building Standards.
a. The ADU shall not exceed a single story, unless constructed above an attached or detached garage, or the height limit of the applicable zoning district, whichever is more restrictive.
b. The development of the ADU shall be subject to the property development standards for the subject zoning district in which the ADU is located. c. Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the ADU shall conform to all applicable standards of the building, health, and other codes adopted by the City. d. Attached ADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).
e. Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling. f. No passageway is required in conjunction with the construction of an ADU. g. Approval by the County Health Officer and City Public Utilities Director is required where a private water well and/or private sewage disposal system is being used
h. Fire sprinklers are required for ADUs if fire sprinklers are required for the primary residence.
i. A new or separate utility connection directly between the ADU and the utility is not required unless the ADU is constructed with an existing single-family home.
8. JADU Building Standards. JADUs shall comply with the following:
a. A JADU must include a separate entrance from the main entrance to the existing single-family residence.
b. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. c. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
d. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee. e. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
a. Prohibit the sale of the JADU separate from the sale of the single- family residence.
9. Multi-family ADUs. The following ADUs are permitted within a residential or mixed-use zone on a lot that has an existing multi-family dwelling:
a. One (1) or more ADUs, up to 25 percent of the existing multifamily dwelling units, constructed within the portions of the existing multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. b. Up to two (2) detached ADUs, subject to a height limit of 16 feet and four- foot rear yard and side setbacks.
F. Connection, Impact, and other Fees. Except as provided below, ADUs and JADUs are subject to all fees and assessments require by the Exeter Municipal Code for new residential construction.
1. ADUs and JADUs are not considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADU is constructed with a new single-family home or a new detached structure.
2. Any impact fees charged for an ADU or JADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
3. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.
4. The separate utility connection for an ADU constructed with a new single-family home or a new detached structure is subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of providing this service.
G. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.
1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.
2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
3. Owner-occupancy is not required for ADUs. Owner-occupancy is required in the single-family residence in which a JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner- occupancy 1s not required it the owner is a governmental agency, land trust, or housing organization.
4. For single-family residences in which an ADU and a JADU will be permitted, Owner occupancy shall be required. The owner may reside in either the remaining portion of the primary structure, or the newly created JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
5. Beginning January 1, 2025, Owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may reside in either the remaining portion of the primary unit, or the newly created JADU. For single-tamily residences in which an ADU and a JADU will be permitted, the preceding Section G.4. applies.
Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
H. Parking Standards. One (1) parking space per ADU is required, except as specifically excepted. These spaces may be provided in setback areas or as tandem parking on a driveway.
I. Permit Approval. A permit must be obtained for the construction or installation of an ADU or JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Building Code. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single- family or multifamily dwelling on the lot.
J. ADUs and Regional Housing Needs Assessment. Subdivisions and multifamily housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City's Housing Element as adequate sites for affordable housing, as provided in . Government Code section 65583.1(a).
K. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes an ADU or JADU.
City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: 12 X City Council
Wording for Agenda: Pursuant to the requirements of Assembly Bill Regular Session:
481 that council approve Exeter Police Department Policy 706 - Military Equipment (Attachment 1) and by opting to not modify o - Consent Calendar rescind it, renew Ordinance No. 703. Regular Item
X Public Hearing
Submitting Department: Police Review:
Contact Name: John Hall, Police Chief
Phone Number: 592-3103 ext. 2001
City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
That the City Council, per the requirements of Assembly Bill 481:
1) allow public comment and questions concerning the annual report and the funding, acquisition and use of the equipment;
2) review and renew EPD Policy 706 - Military Equipment (Attachment 1); 3) review the AB 481 Military Equipment Annual Report 2022 (Attachment 2); and 4) by opting to not modify or rescind it, renew Ordinance No. 703 (Attachment 3) Summary/Background:
On September 30, 2021, Governor Newsom signed a series of police reform bills, including Assembly Bill 481 (AB 481), which stated that the public has a right to know and participate in the decision-making processes related to the funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability, and oversight. AB 481 called for local agencies to give strong consideration to the public's welfare, safety, civil rights, civil liberties, and public input. The legislation required that local law enforcement agencies, which seek to continue the use of military equipment acquired prior to January 1, 2022, accomplish the following, which have been completed:
1. Draft a military equipment funding, acquisition, and use policy that describes each piece of military equipment and the authorized uses for each piece of equipment (Attachment 1);
2. Seek approval of the policy from their governing body by ordinance for the continued use of existing military equipment before acquiring new military equipment or seeking funds for equipment purposes; and
3. Make publicly available any proposed or final military equipment use policy, for as long as the military equipment is available for use, on the agency's website.
In addition to the above requirements, AB 481 also required, at least annually, that the law enforcement agency shall:
Prepare an annual military equipment report with at least one "well-publicized and conveniently located community-engagement meeting" to allow for public discussion of the report; and
Present the policy for review, renewal, and approval at a Regular Meeting of the governing body. During this review, the governing body shall consider the Annual Report and determine whether each type of military equipment has complied with specified standards for approval.
The Exeter Police Department's 2022 AB 481, Military Equipment Annual Report (Attachment 2) is being presented to satisfy the annual requirement.
AB 481 Definition of Military Equipment
AB 481 defines "military equipment" as follows and differentiates the equipment by category:
• Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2: Mine-resistant, ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
• Category 3: High-mobility multi-purpose wheeled vehicles (HMMW), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. • Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. • Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6: Weaponized aircraft, vessels, or vehicles of any kind. • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. • Category 8: Firearms of .50-caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
• Category 9: Ammunition of .50-caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision. • Category 10: Specialized firearms and ammunition of less than .50-caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50-caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency. • Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Category 12: "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls, " excluding standard, service-issued handheld pepper spray. • Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long- Range Acoustic Device (LRAD).
• Category 14: The following projectile launch platforms and their associated munitions:
40-millimeter projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
• Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.
AB 481 does not prohibit law enforcement from obtaining and using the above equipment; rather, it creates a public process for obtaining approval of these types of equipment and their authorized uses. The Exeter Police Department (EPD) possesses equipment in three (3) of the fifteen (15) categories listed. See Attachment 2 for full descriptions.
Current EPD Equipment Meeting Military Equipment Designation The EPD continues to carefully assess what equipment is needed to protect the public and officers when resolving critical incidents, such as active shooter response, apprehending violent offenders, hostage rescue, and barricaded subjects, among others. Certain equipment is also beneficial in providing information and creating cover, distance, and time that help to improve the decision-making process during critical incidents. This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved
In general, all the equipment listed in the report is highly specific in its use and are not typically used day-to-day. Items below may be used a few times a year, and their deployment requires departmental notifications. More information about the frequency of use for various types of equipment is provided in Attachment 2.
The EPD's operating procedures and training program instruct staff in the proper use of this equipment.
Current Policies and Procedures for Equipment Purchase and Use EPD adheres to the City's budget process and its purchasing policies and procedures when procuring its equipment.
The use of equipment is governed by EPD Policy No. 300, Use of Force and De-escalation Policy.
Policy No. 303, Control Devices and Techniques, and EPD Policy 706 Military Equipment. Ir addition, the State of California Commission on Peace Officer Standards and Training (POST) establishes operational guidelines and training recommendations for certain equipment and tactics, and compliance with these guidelines is managed by the department's designated subject matter experts.
All EPD policies and procedures that govern safe-handling, storage, and qualification related to specified equipment remain in effect.
Fiscal Impact:
The acquisition of new or replacement equipment or items meeting the reporting requirements of AB 481 are funded from the Police Department budget in accordance with the AB 481 Policy and the approval of the City Council.
The AB 481 Military Equipment Annual Report (Attachment 2) has no direct fiscal impact.
Prior Council/Board Actions: At the June 14, 2022 Exeter City Council meeting, Council passed, approved, and adopted Ordinance 703 regarding the police acquisition and use of "military equipment."
Attachments:
Attachment 1 - EPD Policy 706 - Military Equipment
Attachment 2 - AB 481 Military Equipment Annual Report 2022 Attachment 3 - Exeter City Ordinance No. 703
Recommended motion to be made by Council/Board: I move, pursuant to the requirements of Assembly Bill 481 that council approve Exeter Police Department Policy 706 - Military Equipment (Attachment 1) and by opting to not modify or rescind it, renew Policy Exeter Police Department
706 Exeter Police Department Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body - The elected or appointed body that oversees the Department.
Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
Any firearm or firearm accessory that is designed to launch explosive projectiles.
Noise-flash diversionary devices and explosive breaching tools.
Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Published with permission by Exeter Police Department Military Equipment - 1 Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Exeter Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) acting as liaison to the governing body for matters related to the requiremants or this (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Exeter Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
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Published with permission by Exeter Police Department Military Equipment - 2 Exeter Police Department
Exeter Police Department Policy Manual
Military Equipment
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Pubished with prison sy Exeter Police Deparment. Military Equipment - 3 Exeter Police Department Military Equipment Inventory
Equipment Type:
40MM Launcher and Rounds
Description:
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
Quantity:
(1) Armor Holdings less lethal Launcher
Capabilities:
The Armor Holdings 40MM Launcher is a single shot tactical launcher that features a synthetic fixed stock and EOTech sights. It will fire standard 40mm less lethal ammunition.
Expected Service Life:
25 Years
Manufacturers Description:
Armor holdings was purchased by Safariland and is no longer manufactured.
Comparable items description: Manufactured exclusively for Defense Technology, is a tactical single shot launcher, and will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
Purpose and Authorized uses:
To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. siuliestrive ting tes and or open give insiny include, but are not limited to:
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained
4. Potentially vicious animals.
5. Training exercises or approved demonstrations
Fiscal Impact:
No Annual Maintenance
Legal and Procedural Rules:
It is the policy of the department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training:
Sworn members utilizing 40MM less lethal impact rounds shall be trained in their use by POST certified less lethal instructor.
Compliance Mechanisms:
Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.
Exeter Police Department Military Equipment Inventory
Equipment Type:
Less Lethal Shotguns
Description:
The less lethal shotgun is used to deploy the less lethal 12-gauge beanbag round.
Quantity:
(4) Remington Model 870 less lethal pump-action shotguns.
Capabilities:
suspect reducing the immediacy of the threat which is a principle of de-escalation.
Expected Service Life:
15 Years
Manufacturers Description:
e Remington Mode 870 is
he Rening sel Medense, as veil as by fair shorement and nised ry or anuations world pot Purpose and Authorized uses:
To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Fiscal Impact:
No Annual Maintenance
Legal and Procedural Rules:
It is the policy of the Department to utilize Remington Model 870 less lethal pump-action shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those Required Training:
Sworn members utilizing Remington Model 870 less lethal pump-action shotguns shall be trained in their use by POST certified less lethal instructor.
Compliance Mechanisms:
Operational use supervised by department field supervisors and governed by department policy 303 - Control Devices and Techniques.
Exeter Police Department Military Equipment Inventory
Equipment Type:
Humvee - High Mobility Multipurpose Wheeled Vehicle (HMMWV) Description:
Commercially manufactured 4 wheeled military vehicle utilized for law enforcement purposes.
Quantity:
(3) AM General Humvees
Capabilities:
A Humvee is an armored vehicle built to transport soldiers and payloads across any terrain.
Expected Service Life:
15 Years
Manufacturers Description:
The Humvee (HMMWV) is a lightweight, diesel-powered, four-wheel-drive tactical vehicle.
Purpose and Authorized uses:
To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Fiscal Impact:
Less than $500 per vehicle annually.
Legal and Procedural Rules:
It is the policy of the Department to utilize the AM General Humvees only for official law enforcement purposes, and pursuant to State and Federal law.
Required Training:
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
Compliance Mechanisms:
Operational use supervised by department field supervisors and governed by department Policy 704 - Vehicle Use
Exeter Police Department Military Equipment Inventory
Equipment Type:
Patrol Rifles
Description:
Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
Quantity:
(20) AR-15/M4 Colt Rifles
(3) SMG Colt Rifle
Capabilities:
Precision shooting at greater distances than offered by the issued handgun.
Expected Service Life:
15 Years
Manufacturers Description:
The AR-15/M4 is a lightweight, magazine-fed, gas-operated semiautomatic rifle.
The SMG is a lightweight, magazine-fed, gas-operated selectable semiautomatic/automatic rifle.
Purpose and Authorized uses:
To be used as a precision weapon to address a threat with precision and/or greater distances than a handgun, if present and feasible.
Fiscal Impact:
No Annual Maintenance, cost of ammunition
Legal and Procedural Rules:
It is the policy of the Department to utilize the M4 and SMG Colt Rifles only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Required Training:
Compliance Mechanisms:
Operational use supervised by department field supervisors and governed by department Policy 306- Firearms.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 Executive Summary
On September 30, 2021, Governor Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment ("Military Equipment") within its jurisdiction if the equipment meets specified standards. The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.
The format of this report was crafted in a manner that conforms to the statutorily required annual report pursuant to California Government Code section 7072(a) to include the following information:
1) A summary of the military equipment uses and purposes; 2) A summary of any complaints or concerns concerning the military equipment; 3) The results of any internal audits, information on any violations, and actions taken in response;
4) The total annual cost for each type of equipment;
5) The quantity possessed of each type of equipment;
6) The intent to acquire additional equipment and quantity sought. ***Unless otherwise noted the funds for equipment, staff costs, training costs, or costs for the use of the equipment, is form the approved existing budget. Tuition costs for outside training courses, even if included in the existing budget, will be noted in the total annual outside training cost section.
The Exeter Police Department recognizes the public's ongoing interest in how controlled equipment is used to protect our community and is committed to maintaining our community's trust in providing professional and responsive police services. As such, the Exeter Police Department has authored the following comprehensive Annual Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed "military" or more accurately defined as controlled equipment. • Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles. • Category 2: Mine-resistant, ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
• Category 3: High-mobility multi-purpose wheeled vehicles (HMMW), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. • Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Category 6: Weaponized aircraft, vessels, or vehicles of any kind. • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
• Category 8: Firearms of .50-caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
• Category 9: Ammunition of .50-caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.
Category 10: Specialized firearms and ammunition of less than .50-caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50-caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Category 12: "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 • Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
• Category 14: The following projectile launch platforms and their associated munitions: 40-millimeter projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
• Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 High-mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as Humvees
(Category 3)
a. Description, quantity, capabilities, and purchase cost:
AM General HMMW
Quantity: 3
The Humvee is a lightweight, diesel powered, four wheel drive tactical vehicle that is commercially manufactured.
b. Purpose:
To provide safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and c. Authorized Use:
The use of these vehicles must be authorized by a Lieutenant or higher, based on the specific circumstances of the incident. All applicable EPD Policies remain in effect, to include, but not limited to, EPD Policy 704 - Vehicle Use. d. Expected Lifespan:
15 years
Use Reporting 2022
In 2022, the Humvees were not utilized. Prior to 2022, the Humvees have only been utilized for community events.
Summary of Complaints or Concerns 2022:
No complaints or concerns received.
Internal Audits/Violations 2022:
No Violations
Total Annual Cost 2022:
Less than $500 per vehicle annually for maintenance.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 Specialized Firearms and Ammunition
(Category 10)
a. Description, quantity, capabilities, and purchase cost:
The Colt AR-15/M4 is a lightweight, magazine fed, gas operated semi-automatic rifle capable of accurately stopping an armed suspect at various distances to include those that exceed the capabilities of a service pistol. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.
Quantity: 23
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or greater distances that a handgun, if present and feasible. c. Authorized Use:
Only sworn personnel that are POST certified are authorized to use a rifle. All other EPD Policies remain in effect, to include, but not limited to, EPD Policy 300 - Use of Force and EPD Policy 306 - Firearms.
d. Expected Lifespan:
15 years
Use Reporting 2022
The rifles were used during range qualifications and training. The rifles were also deployed during patrol operations per policy but were not discharged.
Summary of Complaints or Concerns 2022:
No complaints or concerns received.
Internal Audits/Violations 2022:
No Violations
Total Annual Cost 2022:
Annual maintenance cost is less than $50 per rifle.
Intended Acquisition in 2023:
The Exeter Police Department will be exploring the possibility of purchasing additional rifles and accessories to enhance their usefulness in the field.
EXETER POLICE DEPARTMENT ANNUAL REPORT ON CONTROLLED EQUIPMENT USE - 2022 Projectile Launch Platforms and Associated Munitions
(Category 14)
a. Description, quantity, capabilities, and purchase cost:
1. The Armor Holdings, 40MM less-lethal launcher is a single shot launcher that allows an officer to assess after every round of spent munitions. The launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.
Quantity: 1
2. The Remington Model 870 12 Gauge shotgun, is a pump action shotgun used to deploy less-lethal 12 Gauge bean bag rounds up to a distance of 75 feet.
The range of the system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de- escalation.
Quantity: 4
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
Only sworn personnel that have completed Department training are authorized to use the launcher. All other EPD Policies remain in effect, to include, but not limited to, EPD Policy 300 - Use of Force.
d. Expected Lifespan:
25 years
Use Reporting 2022
The launcher was not used in 2022.
Summary of Complaints or Concerns 2022:
No complaints or concerns received.
Internal Audits/Violations 2022:
No Violations
Total Annual Cost 2022:
None.
Intended Acquisition in 2023:
The Exeter Police Department intends to purchase training ammunition and send personnel to updated training.
ORDINANCE 703
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EXETER REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT" WHEREAS, California Assembly Bill 481, codified at Government Code Sections 7070 through 7075 requires the Exeter Police Department to obtain approval from the City Council, via adoption by ordinance, of its "military equipment" use policy, prior to funding, acquiring, or using "military equipment";
WHEREAS, items defined as "military equipment" under AB 481 have been tested in the field and are used to enhance citizen and officer safety and as a component of overall best practices for law enforcement agencies through the country; WHEREAS, the City Council finds that the "military equipment" is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, the City Council finds that the proposed "military equipment" use policy will safeguard the public's welfare, safety, civil rights, and civil liberties; WHEREAS, under the policy made effective via this ordinance, any purchasing of the equipment shall be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
WHEREAS, the City Council finds that prior "military equipment" use complied with the Police Department's Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action was been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, as a precondition to funding, acquisition or use of "military equipment," the City has followed the approval procedures required by AB 481, including the posting of the proposed policy at least 30 days prior to final adoption of this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER HEREBY ORDAINS as follows:
SECTION 1. Name of Ordinance. This Ordinance shall be known as the Military Equipment Use Ordinance.
SECTION 2. Definitions
A. "Military Equipment" includes all of the following (Per CA Gov. Code §7070):
Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMW), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
1 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than 50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. "City" means any department, agency, bureau, and/or subordinate division of the City of Exeter.
C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Exeter Police Department.
D. "City Council" means the governing body that is the Exeter City Council.
E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use. 2 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. "Certain Circumstances / Exigent Circumstances" means the Exeter Police Department works closely with local, county, state, and federal partners. In certain and/or exigent circumstances, and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. Exigency means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
H. "Type" means each item that shares the same manufacturer model number.
SECTION 3. Military Equipment Use Policy and Requirements.
A. The Military Equipment Use Policy is attached to this Ordinance as Exhibit "A." B. The Exeter Police Department is required to obtain approval of the City Council, by this ordinance adopting the Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
3 4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Exeter.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this Ordinance.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
C. If seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, no later than May 1, 2022, the Exeter Police Department shall have commenced a City Council approval process in accordance with this section. The City • Council did so on April 26, 2022. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Exeter Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
D. In seeking the approval of City Council, the Exeter Police Department shall have submitted a proposed Military Equipment Use Policy to City Council and shall have made those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
E. The City Council shall have considered a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provided for public comment in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
F. The City Council shall have only approved a Military Equipment Use Policy pursuant to this Ordinance if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
G. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
H. The City Council shall review this Ordinance (and any other ordinance, if applicable) that it has adopted approving the funding, acquisition, or use of Military Equipment at least 4 annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
SECTION 4. Use in Exigent Circumstances
A. Notwithstanding the provisions of this Ordinance, the Police Department may acquire, borrow and/or use Military Equipment in certain and/or Exigent Circumstances without following the requirements of this code.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report.
SECTION 5. Reports on the Use of Military Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5 5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
SECTION 6. Enforcement.
A. Remedies for Violations of this Ordinance
1. This Ordinance does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Administrator by serving the City Clerk, regarding the specific alleged violations of this Ordinance.
2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.
3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City's website that describes, to the extent permissible by law, the corrective measures taken to address the violation.
4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney's fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees.
SECTION 7. Whistleblower Protections. All provisions of Exeter's employee and work place policies related to protections of whistleblowers and protection from illegal retaliation, and including any updates or replacements thereto, shall apply.
SECTION 8. Severability.
A. If any section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance. 6 B. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 9. Effective Date. The foregoing ordinance shall take effect thirty (30) days rom the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the Cit Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Exeter Recorder, a newspaper printed and published in the City of Exeter, State of California, together with the names of the Council members voting for and against the PASSED, APPROVED AND ADOPTED this 14tth day of June 2022.
NOES AVES; Mills; Cakever; and Sally
NOES: Na
BSTAIN: N0
BSENT: 1A
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ATTEST:
City Clerk
City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: 13 X City Council
Wording for Agenda: Discussion and direction for expenditure Regular Session:
plan of remaining funds from the Coronavirus Local Fiscal Recovery Consent Calendar X Regular Item
Fund established by the American Rescue Plan Act. Public Hearing Submitting Department: Administration Review:
Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 City Administrator
Email: [email protected] (Initials Required)
Department Recommendation:
Staff recommends that the Council discuss and give staff direction for expenditure plan of remaining funds from the Coronavirus Local Fiscal Recovery Fund established by the American Rescue Plan Act.
Summary:
As part of the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) established by the American Rescue Plan Act (ARPA), the City of Exeter has received total funding of $2,508,234.
The City received the first half on July 13, 2021 and the second half in July of 2022. City staff have tried to determine and propose needs to assist the organization in providing improved services and projects to the community that might otherwise be very difficult to fund through other funding sources. At the March 14, 2023 Council meeting the expenditure plan was discussed and Council directed staff to bring the plan back in June with updated cost items and cost estimates.
On September 14 and October 26, 2021, February 10 and August 23, 2022 and March 14, 2023, Council approved the following expenditures from the SLRF, which have been completed:
1) Premium Pay $370,000
2) Police Department Portable Radios $33,000
3) Arborist evaluation of City owned trees $35,000
4) Reconstruction of Industrial Lift Station $78,156
5) Purchase of Sewer Vactor Truck $519,984
6) Graffiti Abatement Equipment $15,000
Total = $1,051,148
Air conditioning repairs at City Hall and the Treatment Plant (up to $80,000) was previously approved by Council but some additional updates on costs have occurred and will be discussed below. With the premium pay and the costs of the above outlined needs paid by the SLFRF, approximately $1,457,094 remains available for additional needs. Additional needs that staff have previously presented to Council at this point are:
1) PD/Admin Building Improvements $400,000
2) Air Conditioner Repairs/Replacements (5 City Facilities) $67,000 3) Air Conditioner Replacement City Hall/Fire Station $83,000 4) Downtown City Owned Street Lights/Clean Ca Grant Match $400,000 5) Information Techn.-phones/networks/website/cybersecurity $50,000 6) Facility Security $50,000
Total = $1,050,000
Additional items Council may want to consider
1) Park Master Plan Development $150,000
2) Development Block Wall Replacement $100,000
3) Dobson Field Fencing $100,000
4) Fire Hydrant Replacements - 12 In Operable $300,000
5) Sewer Infrastructure - Lift Station Upgrades $600,000 6) City Hall/Council Chamber Improvements $4,000,000
The staff is currently working with an architect to complete design for the improvements to the like the City Hall/Council Chambers Improvements.
Evaluation of the air conditioning needs for the City Hall/Fire Station building have been completed and it has been determined that due to the age and type of construction a traditional air conditioning system replacement is not going to improve the issues experienced in that building. An alternative system has been proposed, with a cost estimate of $83,000 for that building.
As part of the Clean California Grant application, staff obtained engineering cost estimates to replace the current Downtown City owned streetlights. The current planning level cost estimate is at about $736,000. If the grant is received a large portion of the required match could be funded with the $400,000 shown here from ARPA funding for the street light replacement since this is included in the grant scope of work. The City should find out in September of this year if the grant will be awarded. If the grant is not awarded an additional $350,000 of funding would be needed to complete replacement of the current Downtown City owned streetlights.
There are several needs for information technology. A hard line for data services is being installed for Public Works due to consistent issues with data service interruptions at that facility.
This new line cost is approximately $20,000. Due to insurance requirements from our Central San Joaquin Valley Risk Management Agency (CSJVRMA), the city is currently being evaluated for cybersecurity issues that may require correction to continue receiving insurance coverage.
The cost of addressing this issue will be evaluated once all vulnerabilities and their solutions are identified.
Currently, City facility security is minimal and should be bolstered in the upcoming years.
Understanding the future direction of City facilities will assist in additional evaluations needed to determine what facility security measures could be made and their costs. This item is estimated at $50,000 but should be brought back after further evaluation.
There has been a lot of discussion about the condition of the parks and interest in improving the parks by the City and community groups. The City does not have a park master plan that can provide guidance on the best use and conceptual design to maximize the use of the City parks.
With a master plan the City and community groups could tackle smaller individual projects that could ultimately fit into an overall well designed plan. Potential funding for this endeavor seems to be "drying up" especially due to the State's current budget deficit.
City staff have recently determined that the City is apparently responsible for a block wall along the railroad tracks on North Quince. It appears that when the adjacent multifamily housing complex was constructed a City alley was also constructed along the back wall to allow for trash service. The block wall has been determined to be in need of rebuilding and at current broken portions of the wall illegal dumping has occurred over onto the adjacent railroad property. The railroad has requested that the City fix the wall to resolve the illegal dumping issue. There is no other funding source for this repair other than the General Fund or Measure P.
Based on rough estimates staff believes there would be enough remaining SLFRF funding to cover these needs close to that originally directed by Council.
As the City grows in the future to provide the projects and services needed in the community the Council will need to keep an eye toward City facilities. Adequate space for Council meetings with public attendance and room for staff to work has dwindled considerably and hasn't left room for growth in multiple areas. An increase in public participation at Council meetings have led to cramped quarters and have resulted in overflow into the hallway without adequate seating on a more regular basis. In addition, without adequate space for staff there could be a delay in delivery of projects and inadequate staffing levels for the increasing operation demand.
There are significant improvements that can be funded in the areas of water, sewer, roads.
Water and sewer components, such as water production wells (new and rehab, water storage tanks, pipeline and valve replacements, lift station upgrades and increasing wastewater treatment capacity and road improvements and rebuilds are some just to name a few.
However, many improvements in funding for these items over the last several years are beginning to come to fruition that should assist in these areas, such as the utility rate increases that are nearly complete and Measure P. In addition, the water system improvements being brought about by State grant funding in connection with the Tooleville consolidation will assist in addressing millions of dollars of current water system needs. This mix of funding from the different sources should begin addressing the more significant needs of the water, sewer and roads in the coming years.
SLFRF funds must be obligated by December 31, 2024, and expended by December 31, 2026.
The City must take all responsibility for interpreting the Final Rule and the expenditures meeting the rule. The City must also submit a project and expenditure report to the U.S. Department of the Treasury annually on the use of funds. The first report was due April 30, 2022, with on- going reports required each subsequent year. Financial records relating to the funds and expenses must be retained for 5 years after all funds have been expended. This funding does not require the City to maintain a local emergency declaration.
Background:
The American Rescue Plan Act (ARPA) established the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) to provide support to State, local, and Tribal governments responding to the impacts of COVID-19 on their communities, residents, and businesses. This funding includes $1.2 billion distributed to 291 small California cities (population less than 50,000) by population based on 2019 U.S. Census data. The State assumes the ministerial role of disbursing the funding to these small cities under the category of non-entitlement units (NEU's).
The NEU's were required to accept or decline the funds and provide basic data by June 23, 2021 to receive the funding. The amount of funding received by cities could not exceed more than 75 percent of their total operating budget in effect as of January 27, 2020. The City of Exeter's total available funding is $2,508,234, with the first half received on July 13, 2021 and the other half received 12 months later. Currently, this funding is slated to be one-time funding.
The draft Interim Final Rule and Guidance from the U.S. Department of the Treasury had laid out categories of eligible expenses, with several of the categories having certain restrictions on the amount and eligible expenses that could be covered in those categories. The City Council reviewed this information on July 27,2021 and directed staff to focus on three main categories of eligible expenditures listed in the Interim Final Rule and Guidance, including:
1) Premium Pay,
2) Revenue Loss and
3) Infrastructure (water and sewer).
On September 14, 2021 Council directed staff to 1) process premium pay of $5,000 per employee, with the exception of Department Heads and the City Administrator, in October 2021 and February of 2022, 2) develop a priority list of Revenue Loss expenditures up to $752,572 (the maximum allowed for the Revenue Loss category at that time) for Council review and approval and 3) begin planning infrastructure projects for the infrastructure funding of about $1.4M for Council consideration. On October 26, 2021, Council approved extending premium pay to all full time City employees. Based on the Interim Final Rule and Guidance premium pay cost was going to be approximately $310,000 of ARPA funding and $60,000 spread through other City funds.
At the September 14, 2021 Council meeting, staff provided some potential needs that SLFRF could be used to fund or assist in funding. Several of the items had some funding outside the SLFRF but not enough to fund without some contribution from the SLFRF.
In January of 2022, the U.S. Department of Treasury produced their Final Rule on the funding, and apparently to make the funding more flexible, increased the maximum allowed amount for the Revenue Loss category to $10,000,000, which is well above our current total allocation.
This allowed all of the City's SLFRF to be used in the most flexible and discretionary category allowed. It also allowed for the cost of all the premium pay, $370,000, authorized by Council to be paid from this funding.
There are some restrictions on the use of this funding including no contributions toward pensions, building of reserves or debt financing.
Fiscal Impact: Using this funding adds $2,508,234 of one-time available funds for a variety of potential uses. The proposed uses would also meet the Council's Financial Policy for expenditure of one-time funding. This funding may offset budgeted expenses depending on which use(s) are selected. If an expenditure is not accepted by the U.S. Treasury when the reports are submitted, the City would be responsible to cover the cost.
Prior Council/Board Actions: Council direction provided on July 27, August 10, August 24, September 14, October 26, 2021 and February 10 and August 23, 2022 and March 14 2023.
Attachments: None
Recommended motion to be made by Council/Board: I move to give staff direction on expenditures and/or to further develop any additional needs discussed for this item.
City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: 14 X City Council
Wording for Agenda: Discussion of potential interim solutions to Regular Session:
currently observed issues at City Park.
Consent Calendar
X Regular Item
Submitting Department: Administration Public Hearing
Contact Name: Adam Ennis, City Administrator
Phone Number: (559) 592-4539 Review:
Email: [email protected]
City Administrator
Department Recommendation: (Initials Required)
Staff recommends that the Council discuss potential interim solutions to observed issues at City Park.
Summary/Background:
At the May 23, 2023 Council meeting, Councilmember Mills requested and the Council approved that an agenda item be placed on this Council meeting to discuss potential interim solutions to issues being observed at City Park. Several issues have been observed by City staff and the public at City Park over the last couple of years including vandalism of park facilities, trash and needles left in the park and public urination and defecation in the park.
Many of these issues have begun to occur and/or increase as homelessness has increased in and around the park. These issues have also caused concerns for the safety of users of the park and nearby facilities such as an elementary school and pre-school across the street from the park.
Several park improvements that could aid in resolving some of the current issues have been included in a recent application submitted for the Clean California Local Grant Program. Some of the improvements include a new park restroom building designed to resist vandalism, park lighting, security fencing around potential nuisance areas that should not be accessible to the public and security cameras at strategic locations. However, the City may not find out until September whether the grant will be awarded or not. If the City does receive the grant, it will also take some time for design, bidding and construction of the improvements to occur.
Councilmember Mills request was to discuss potential interim solutions to the issues until more permanent solutions may be completed.
Fiscal Impact: None for this discussion, although interim solutions discussed may incur some fiscal impact.
Prior Council/Board Actions: None
Attachments: None
Recommended motion to be made by Council/Board: I move to provide staff direction on potential interim solutions as discussed.
City of Exeter
Agenda Item Transmittal
Meeting Date: June 13, 2023
For action by:
Agenda Item Number: 15 _ City Council
Regular Session:
Wording for Agenda: Adopt Resolution 2023-19 adopting Fiscal Consent Calendar Year 2023/2024 Salary Schedule for all Regular and Part-time X Regular Item Employees, City Council Members, and Seasonal/ l emporary — Public Hearing Employees, which includes a 2% pay increase effective July 3, 2023 for all full-time represented employees, unrepresented employees, Review:
Department Heads, and City Administrator.
City Administrator
(Initials Required)
Submitting Department: Administration
Contact Name: Shonna Oneal, Human Resources Manager aB.
Adam Ennis, City Administrator
Phone Number: 559-592-9244
Email: [email protected]
[email protected]
Department Recommendation:
Staff recommends that Council adopt Resolution 2023-19 to adopt the City's 2023/2024 Salary Schedule for all Regular and Part-time employees, City Council Members, and Seasonal/Temporary employees, which includes a 2% pay increase effective July 3, 2023 for Exeter Police Officer Association (EPOA) employees, California League of City Employees Associations (CLOCEA) employees, unrepresented Middle Managers, Department Heads, and City Administrator.
Summary:
To comply with CaPERS regulations, a separate salary schedule is required to be adopted for all employees. This salary schedule is proposed to be effective July 3, 2023, due to contractual salary adjustment of 2% for EPOA, CLOCEA, unrepresented Middle Managers, Department Heads, and the City Administrator.
Background:
On Tuesday, June 28, 2022, the City Council adopted the City's 2022/2023 and 2023/2024 Fiscal year budgets and position allocations and will have appropriated all funds necessary to pay salaries as part of the budget adoption.
On June 22, 2021, Council approved a proposed 2% pay increase for all represented and unrepresented employees effective July 4, 2022. An additional 2% was also approved effective July 3, 2023, for all represented and unrepresented employees. The proposed increases were included in the cost of the recommended 2023/2024 budget. This updated salary resolution would document those changes as required by CaPERS regulations.
Financial Impact: The proposed 2% salary increases will be approximately $50,000 to General Fund and $30,000 to the Enterprise ($28,000) and Insurance Funds ($2,000). The proposed changes to the Public Works Department will be an increase of $12,000 to Water Fund, $8,000 to Sewer Fund, and $2,000 to Sanitation Fund.
The additional pay increases for 2023/2024 will be approved next year with an additional salary schedule being proposed for adoption documenting those changes at that time.
Prior Council/Board Actions: Resolutions 2023-06, 2022-25, 2021-33, 2021-16, 2021-10, 2020- 34, 2020-43, 2019-18, 2018-34, 2018-24
Attachments: Resolution 2023-19, Adopting the City's 2023/2024 Salary Schedule for All Regular and Part-Time Employees, City Council Members, and Seasonal /Temporary Employees, with Attachment 'A' - FY2023/2024 Salary Schedule Recommended motion to be made by Council/Board: 1 move to adopt Resolution 2023-19 as presented.
RESOLUTION 2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER ADOPTING THE CITY'S 2023/2024 SALARY SCHEDULE FOR ALL REGULAR AND PART-TIME
EMPLOYEES, CITY COUNCIL MEMBERS, AND SEASONAL/TEMPORARY
EMPLOYEES
WHEREAS, the City Council of the City of Exeter on Tuesday, June 28, 2022, adopted the City's 2022/2023 and 2023/2024 Fiscal Year budgets and positions allocations and has appropriated all funds necessary to pay salaries as part of adopting the 2022/2023 and 2023/2024 budget; and, WHEREAS, the City Council previously approved changes to the compensation in the amount of 2% for all represented and unrepresented employees effective the full first pay period of July 2022.
Positions earning minimum wage were adjusted in compliance with the California minimum wage as required by state law and adopted Resolution 2022-25 updating the 2022/2023 salary schedule; and, WHEREAS, the City Council previously approved changes to the compensation in the amount of 2% for all represented and unrepresented employees effective the full first pay period of July 2023; and needs to update the 2023-2024 salary schedule to reflect the 2% increase for all represented and unrepresented employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EXETER, does hereby resolve as follows:
SECTION 1. That the Citywide Salary and Pay Schedule contained in Exhibit "A", attached hereto and made a part hereof, is hereby amended to:
* All positions salary range by an increase of 2% effective July 3, 2023.
SECTION 2. That the City Administrator is required to bring any additions to the position allocation or any changes in any position's salary ranges to be made during the fiscal year to the City Council for further approval;
SECTION 3. That the City Administrator is authorized to make changes to job descriptions, including without limitation title changes that do not affect the positional role in the position allocation or the positional salary range; to make changes to job responsibilities that do not affect the position allocation or require approval as part of the collective bargaining process, and to re-allocate funding sources among divisions for any positions; and
SECTION 4. That the City Administrator, or his or her designee, is authorized to recruit and fill in anticipation of known upcoming vacancies to minimize periods where there are key unfilled positions even though employee counts temporarily exceed the authorized position count for a particular position; provided, however, that there will be no adjustment to the total divisional appropriations and all such costs must be covered by savings in other line items so that the total division budget remains unchanged.
Resolution 2023-19
2023/2024 Salary Schedule Revision