Hermosa Beach City Council
May 23, 2023

CITY OF HERMOSA BEACH
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, ADOPTING THE CITY OF HERMOSA BEACH PERSONNEL

RULES AND REGULATIONS FOR CIVIL SERVICE EMPLOYEES AND FINDING

THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, employees of the City of Hermosa Beach, California represented by the General and Supervisory Employees’ Bargaining Unit California Teamsters Local 911, Professional and Administrative Employee Group, Hermosa Beach Police Management Group, Hermosa Beach Police Officers’ Association, Management Employee Group, and Unrepresented Employee Group, have elected to meet and confer with the City of Hermosa Beach on the updated Personnel Rules and Regulations for Civil Service Employees concerning terms and conditions of employment, Federal and State employment laws, policies, and practices; and,
WHEREAS, the above bargaining units have selected certain individuals to represent them; and,
WHEREAS, Employee and City of Hermosa Beach have jointly negotiated revisions and additions to the City of Hermosa Beach Personnel Rules and Regulations for Civil Service Employees; and,
WHEREAS, Employee and City of Hermosa Beach have mutually agreed to recommend that the City Council adopt the updated City of Hermosa Beach Personnel Rules and Regulations for Civil Service Employees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

SECTION 2. The City Council of the City of Hermosa Beach hereby approves the City of Hermosa Beach Personnel Rules and Regulations for Civil Service Employees attached hereto as Exhibit “A” and incorporated by reference; and, 242

SECTION 3. This resolution is exempt from review under the California Environmental Quality Act (“CEQA”) as this resolutions does not constitute a “project” that requires environmental review pursuant to CEQA Regulations § 15378(b)(4-5)).

SECTION 4. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted.

PASSED, APPROVED and ADOPTED on this 23rd day of May 2023.

Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
243
1 CITY OF HERMOSA BEACH, CALIFORNIA

PERSONNEL RULES AND REGULATIONS

CIVIL SERVICE EMPLOYEES
Exhibit A
244
2 Table of Contents
RULE I GENERAL PROVISIONS .......................................................................................9 A. Purpose..............................................................................................................9 B. Applicability........................................................................................................9 C. Prior Rules and Regulations Repealed.................................................................9 D. Distribution of Personnel Rules and Related PersonnelPolicies..........................9 E. No Contract of Employment ...............................................................................9 F. Conflicting Provisions .........................................................................................9 G. Employee Acceptance of Policies and Revisions to Policies...............................10 H. Delegation of Appointing and Personnel Authority to City Manager.................10 I. Retention of Personnel Authority as to Certain Personnel ................................10 RULE II CATEGORIES OF EMPLOYEES AND NON-EMPLOYEES .......................................10 A. At-Will Employee..............................................................................................10 B. Probationary Employee ....................................................................................11 C. Regular Employee.............................................................................................11 D. Full or Part-Time Employee ..............................................................................11 E. Temporary Employee .......................................................................................11 RULE III EQUAL OPPORTUNITY EMPLOYMENT STATEMENT..........................................12 RULE IV POLICY AGAINST HARASSMENT, DISCRIMINATION, ANDRETALIATION............12 A. Purpose............................................................................................................12 B. Covered Individuals and Scope of Policy ...........................................................13 RULE V ANTI-BULLYING POLICY....................................................................................13 A. Complaint Procedure........................................................................................13 B. Policy Against Retaliation .................................................................................14 RULE VI ANTI-NEPOTISM PROVISIONS ..........................................................................14 A. Definitions........................................................................................................14 B. Employment of Relatives..................................................................................15 C. Employment of Spouses...................................................................................15 D. Marriage or Domestic Partnership After Employment......................................15 E. Applicants for Employment ..............................................................................16 245
3 F. Guidelines for Current Employees....................................................................16 G. Appeal of Decision by Human Resources Department......................................17 H. Employee Complaints.......................................................................................17 RULE VII NON-FRATERNIZATION POLICY.........................................................................17 A. In General.........................................................................................................17 B. Application .......................................................................................................17 C. Definition of Conflict ........................................................................................18 D. Supervisor’s Duty to Report..............................................................................18 E. Determination byHuman Resources Department .............................................18 F. Resolution of Conflicts......................................................................................18 G. Prohibited On-Duty Conduct ............................................................................18 H. Employee Complaints.......................................................................................18 RULE VIII REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS ........................19 RULE IX WHISTLEBLOWER PROTECTION .......................................................................19 A. Policy................................................................................................................19 B. Policy Coverage ................................................................................................20 C. Definitions........................................................................................................20 D. Complaint Procedure........................................................................................21 RULE X LIMITATIONS ON OUTSIDE EMPLOYMENT .......................................................21 A. No Outside Employment Without Prior Approval .............................................21 B. Attention to Duties During the Workday...........................................................21 C. Prohibited Conduct...........................................................................................22 D. Authorization and Appeal Process....................................................................22 E. Changes in Outside Employment Status ...........................................................23 F. Revocation / Suspension of Outside Employment Authorization ......................23 G. Use of City Equipment Prohibited.....................................................................23 H. Injured Worker Outside Employment Approval ................................................23 RULE XI LIMITATIONS ON POLITICAL ACTIVITY...............................................................23 A. No Political Activity on City Property or Work Hours ........................................23 B. No Political Activity in Uniform.........................................................................24 246
4 C. No Photographs of City Employees or Equipment.............................................24 RULE XII CLASSIFICATION ...............................................................................................24 A. Preparation of Plan...........................................................................................24 B. Adoption, Amendment, and Revisions to Classification Plan .............................24 C. Allocation of Positions......................................................................................24 D. Class Specifications...........................................................................................24 E. Reclassifications ...............................................................................................25 RULE XIII METHODS OF FILLING VACANCIES ....................................................................25 A. Requisition .......................................................................................................25 B. Appointments ..................................................................................................25 C. Seniority...........................................................................................................26 D. Types of Appointments ....................................................................................26 RULE XIV APPLICATIONS AND APPLICANTS ......................................................................29 A. Qualification of Applicants................................................................................29 B. Employment Application Forms........................................................................29 C. Criminal Conviction History...............................................................................30 D. Background Screening ......................................................................................30 E. Disqualification.................................................................................................31 RULE XV EXAMINATIONS ................................................................................................31 A. Job Announcement ..........................................................................................31 B. Examination Process.........................................................................................32 C. Scoring Examinations and Qualifying Scores.....................................................33 D. Notification of Examination Results and Appeals..............................................33 E. Promotional Examinations................................................................................33 F. Continuous Examinations.................................................................................33 G. Disability Accommodation................................................................................33 RULE XVI ELIGIBILITY LISTS...............................................................................................33 A. Establishment and Certification of Eligibility Lists..............................................33 B. Abolishment of Eligibility List............................................................................34 C. Removal of Names from Eligibility List..............................................................34 247
5 RULE XVII OFFERS OF EMPLOYMENT AND HIRINGPROCEDURES ......................................34 A. Conditional Offer of Employment .....................................................................34 B. Final Offer of Appointment...............................................................................35 C. Right to Work in the United States ...................................................................35 D. Driver License and Driving Record ....................................................................35 E. Employment Oath ............................................................................................36 F. Anniversary Date..............................................................................................36 RULE XVIII PROBATIONARY PERIOD ...................................................................................36 A. Objective..........................................................................................................36 B. Duration and Applicability ................................................................................36 C. Evaluations for Probationary Employees...........................................................36 D. Release from Probation ....................................................................................37 E. Promotional Probationary Period .....................................................................37 RULE XIX DRUG AND ALCOHOL-FREE WORKPLACE ..........................................................37 A. Purpose............................................................................................................37 B. Covered Individuals and Scope of Policy ...........................................................37 RULE XXI WORKPLACE SAFETY.........................................................................................38 A. Commitment to Workplace Safety....................................................................38 B. Injury and Illness Prevention Program ..............................................................38 C. Unsafe Conditions ............................................................................................38 D. Industrial Injury and Illness...............................................................................38 E. Workplace Violence Prevention........................................................................39 RULE XXII WORKPLACE RULES ..........................................................................................40 A. Personal Appearance........................................................................................40 B. Use of City Property and Equipment.................................................................42 C. Electronic Communication Systems..................................................................42 D. Workspace .......................................................................................................42 E. No Smoking ......................................................................................................43 RULE XXIII DISASTER AND EMERGENCY SERVICESWORKERS .............................................43 A. All Employees Designated as Disaster Workers.................................................43 248
6 B. Declaration of Disaster or Emergency...............................................................43 C. Employee Responsibilities ................................................................................43 D. Disaster Duties.................................................................................................44 E. Employees Physically Unable to Report to Work...............................................44 F. Timekeeping Requirements..............................................................................45 G. Failure to Report to Work During a Disaster .....................................................45 RULE XXIV COMPENSATION AND PAYROLL PRACTICES ......................................................45 A. Work Schedules and Work Week......................................................................45 B. Hours Worked and Overtime ............................................................................47 C. Paychecks.........................................................................................................52 RULE XXV ATTENDANCE AND LEAVES ...............................................................................52 A. Attendance.......................................................................................................52 B. Scheduling Leaves of Absence ..........................................................................52 C. Vacation ...........................................................................................................53 D. Sick Leave.........................................................................................................53 E. Administrative Leave ........................................................................................56 F. Fitness for Duty Leave ......................................................................................56 G. Bereavement Leave..........................................................................................57 H. Military Leave...................................................................................................58 I. Jury Duty ..........................................................................................................58 J. Other Court or Administrative Proceeding Appearances ..................................58 K. Voting Leave.....................................................................................................60 L. Leave Because of Pregnancy, Childbirth, or Related Medical Condition (PDL)...61 M. Family Medical and Care Leave (FMLA/CFRA) ...................................................61 N. Work-related Injury/Illness Leave .....................................................................61 O. School-Related Leave .......................................................................................62 RULE XXVI LEAVE DONATION POLICY.................................................................................63 A. Purpose............................................................................................................63 B. Policy................................................................................................................63 C. Long-Term and Short-Term Disability Payments .................................................64 249
7 RULE XXVII HOLIDAYS .........................................................................................................65 A. Holidays Observed............................................................................................65 B. Guidelines for Determining Date ofObservation ..............................................66 C. Change to Schedule or Observance ofHolidays ................................................66 D. Compensation for Holidays...............................................................................66 E. Effect of Holiday on Vacation Leave..................................................................66 F. Holiday Flex Time .............................................................................................66 RULE XXVIII PERFORMANCE EVALUATIONS.........................................................................67 A. Purpose............................................................................................................67 B. Timeframe for Evaluations................................................................................67 C. Evaluation Process............................................................................................67 D. Confidentiality..................................................................................................68 RULE XXIX RECORDS AND REPORTS ...................................................................................68 A. Personnel Files .................................................................................................68 B. References .......................................................................................................70 RULE XXX DISCIPLINE........................................................................................................70 A. Prohibited Conduct ..........................................................................................70 B. Grounds for Disciplinary Action ........................................................................71 C. Types of Reprimands and Discipline...................................................................73 D. Authority to Discipline ......................................................................................74 E. Due Process......................................................................................................75 F. Appeal of Disciplinary Action ............................................................................77 RULE XXXI GRIEVANCES.....................................................................................................80 A. Purpose and Applicability of Grievance Procedure............................................80 B. Definitions........................................................................................................81 C. Grievance Procedure ........................................................................................81 D. Time Limits.......................................................................................................82 E. General Provisions............................................................................................82 RULE XXXII LAYOFF POLICY ................................................................................................83 A. Abolishment of Position....................................................................................83 250
8 B. Written Notice of Layoff ...................................................................................83 C. Order of Layoff .................................................................................................83 D. Vacancy and Demotion.....................................................................................84 E. Specially Funded Positions................................................................................84 F. Reemployment.................................................................................................84 RULE XXXIII SEPARATION FROM CITY SERVICE AND REEMPLOYMENT..................................85 A. In General.........................................................................................................85 B. Types of Separation..........................................................................................85 C. Probationary Release .......................................................................................85 D. Release of Temporary Employee ......................................................................86 E. Resignation ......................................................................................................86 F. Retirement.......................................................................................................86 G. Abandonment of Position.................................................................................86 H. Layoff ...............................................................................................................86 I. Non-disciplinary Separation..............................................................................86 J. Disciplinary Termination...................................................................................87 K. Death of the Employee .....................................................................................87 EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL RULES .......................................88 251
9 RULE I GENERAL PROVISIONS
A. Purpose
These Personnel Rules (“Rules”) are adopted by the City Council of the City of Hermosa Beach (“City”) to implement and establish a uniform system of personnel administration for the City.

B. Applicability
These Rules apply to all categories of employees of the City unless a specific section or provision excludes them. Independent contractors, volunteers, City Council members and appointed members of commissions and board are not employees, unless otherwise noted.

C. Prior Rules and Regulations Repealed
These Rules supersede any and all prior personnel rules and regulations but do not affect related personnel policies.

D. Distribution of Personnel Rules and Related PersonnelPolicies A copy of these Rules will be distributed to each City employee along with copies of related personnel policies. Newly hired employees will receive a copy upon hire. In addition, theseRules will be maintained electronically on the City’s intranetsystem. An employee with questions about these Rules may contact Human Resources.

E. No Contract of Employment
These Rules do not create any contract of employment, express or implied, or any rights in the nature of a contract. The City retains the full discretion to modify these Rules at any time in accordance with law, subject to the City’s meet and confer obligations F. Conflicting Provisions
In the event of conflict between any provisions of these Rules and any provisions of a valid Memorandum of Understanding (“MOU”) between the City and a recognized employee organization, employment contract, City ordinance, or state or federal law, the terms and conditions of that MOU, contract, ordinance, or law will prevail. In all other cases, these Rules will apply.

The City Manager or individual Department Heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe, and orderlyadministrationoftheCityordepartment, subject to the City’s meet and confer obligations.

However, no such policies or procedures will conflict with or supersede these Rules, or other City Council resolutions and ordinances or existing laws, and any such policies must be submitted for and receivewritten approval by theCity Manager before implementation. Copies of departmental policies and procedures must be distributed to each employee in the affected department with a copy maintained by Human Resources. In the event of an apparent conflict with departmental policy, an employee should discuss any concerns directly with theirsupervisor. 252
10 G. Employee Acceptance of Policies and Revisions to Policies Employees are expected to read these Rules, and to know and understand the contents of the Rules. Employees may request necessary clarification of these Rules. Employees should sign a statement of receipt acknowledging that: a) they have received a copy, or have been provided access to the Rules; and b) understand that they are responsible to read and become familiar with the contents and any revisions to the Rules. This will provide the City with a record that each employee has received these Rules.

H. Delegation of Appointing and Personnel Authority to City Manager The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities, and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations and these Rules. The City Manager may delegate responsibility to the Human Resources Manager to perform personnel actions in accordance with these Rules.

I. Retention of Personnel Authority as to Certain Personnel The City Council retains authority over all personnel actions as authorized by law and these Rules as to employees who report directly to the Council.

RULE II CATEGORIES OF EMPLOYEES AND NON-EMPLOYEES
A. At-Will Employee
An at-will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. At-will employees include any of the following:

1. City Manager

2. Deputy City Manager

3. Department Heads

4. Employees whose positions are fully funded under a state or federal employment program

5. Temporary employees

6. Probationary employees

7. Part-time employees
253
11 B. Probationary Employee
A probationary employee is one who is serving a probationary period at either: the outset of initial employment with the City or at the outset of a promotion to a higher classification. A probationary period is a working test period during which an employee is required to demonstrate their ability to perform the duties of the position.

1. Probationary Period Upon Initial Employment: During the initial probationary period, a probationary employee serves at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. A probationary employee serving in the initial probationary period is an at-will employee.

2. Probationary Period Upon Promotion: An employee serving a promotional probationary period has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal if released while on probation. An employee promoted to a position with a higher salary step than their original appointment shall be deemed a new probationary employee and will commence their probation period on the effective date of the promotion. Any employee rejected during the probationary period following a promotional appointment will be reinstated to the position from which they were promoted unless they have resigned, been discharged for cause, or suspended without pay.

C. Regular Employee
A regular employee is one who has satisfactorily completed the initial probationary period and cannot be disciplined except when the City has cause to do so. A regular employee has a property right in continued employment, and has the right to pre- and post-disciplinary procedural due process and an evidentiary appeal for certain types of disciplinary actions that result in a significant deprivation of property, except release during probationary period.

D. Full or Part-Time Employee
A full time employee is one whose position is budgeted to work at least 40 hours per week. Fulltime employees receive all benefits provided in these Rules, unless otherwise provided in an MOU, or an employment agreement approved by the City Council. A part-time employee is one whose position is budgeted to work less than 40 hours per week. Part-time employees may have different rights to leave and other benefits under the law or these Rules, depending on the number of hours they work.

E. Temporary Employee
A temporary employee is an at-will employee who is appointed other than from an eligible list for a short term or seasonal basis, not to exceed six months. A temporary employee serves at-will and at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. A temporary employee does not accrue seniority, sick leave or vacation and is not eligible for 254
12 employment benefits.

RULE III EQUAL OPPORTUNITY EMPLOYMENT STATEMENT
The City is an Equal Opportunity Employer that does not discriminate on the basis of race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religious creed (including religious dress and religious grooming practices), national origin, ancestry, citizenship status, age (40 years and older), sex (including pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity and expression (including transgender identity and expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning (or is perceived to be transitioning), sexual orientation, sex stereotyping, marital status, domestic partner status, military service and veteran status, physical and/or mental disability (including HIV and AIDS), legally protected medical condition or information (including genetic information,) protected medical leaves (requesting or approved), status as a victim or status as a victim of domestic violence, sexual assault, or stalking, enrollment in a public assistance program, or any other basis protected by local, state, or federal laws. Any such discrimination is unlawful and all persons involved in the operations of the City are prohibited from engaging in this type of conduct.

The City is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, access to facilities and programs, and general treatment during employment.

The City prohibits sexual harassment and the discrimination and/or harassment of any individual on any of the protected classifications listed above. The City also prohibits retaliation against a person who reports or assists in reporting suspected violations of this policy, cooperates in investigations or proceedings arising from a violation of this Policy, or engages in other activities protected under this policy.

Individuals who believe that they have experienced any form of employment discrimination or who have concerns about equal employment opportunities in the workplace are encouraged to report their concerns immediately usingthe complaintprocedure providedintheCity’spolicyprohibitingharassment, discrimination, and retaliation, or by contacting the U.S. Equal Employment Opportunity Commission, or the California Department of Fair Employment and Housing. California law and the City also prohibit retaliation against any employee for making a good faith complaint of discrimination or for cooperating, assisting, testifying, or participating in any of the discrimination complaint procedures in the City’s separate policy prohibiting harassment, discrimination, and retaliation.

RULE IV POLICY AGAINST HARASSMENT, DISCRIMINATION, ANDRETALIATION A. Purpose
The City has a strong commitment to prohibiting and preventing discrimination, harassment, and retaliation in the workplace. The City has zero tolerance for any conduct that violates this Policy.

Conduct need not rise to the level of a violation of state or federal law to violate this Policy.

Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. This Policy establishes a complaint procedure for investigating and resolving internal 255
13 complaints of discrimination, harassment, and retaliation. The City encourages all covered individuals to report any conduct they believe violates this Policy as soon as possible. Any retaliation against an employee because they filed or supported a complaint or because they participated in the complaint resolution process is prohibited. Individuals found to have retaliated in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination.

B. Covered Individuals and Scope of Policy
The City maintains a separate Policy against Harassment, Discrimination, and Retaliation and Complaint Procedure.

The individuals covered by this Policy are: applicants, employees regardless of rank or title, elected or appointed officials, interns, volunteers, and contractors. This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

RULE V ANTI-BULLYING POLICY
The City is committed to providing a professional and respectful work environment. In addition to prohibiting all forms of discrimination, harassment, and retaliation, the City also prohibits any form of “intimidation or bullying” in the workplace or elsewhere, such as at offsite events.

Employees and other individuals, such as temporary agency workers, consultants, independent contractors, and visitors, have the right to be treated with respect. Bullying is abusive conduct that a reasonable person would find hostile, offensive, and unrelated to the City’s legitimate business interests.

It may include repeated infliction of verbal abuse, such as use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.

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, teasing. Such conduct can also occur via use of electronic or telephonic communications such as the internet and by mobile threats by text messaging, or calls or misuse of cameras and video equipment.

A. Complaint Procedure
The City will not tolerate bullying in any form. Any individual who believes that they are being bullied or has been subjected to any form of bullying should immediately report this to their supervisor, department head, or to 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. 256
14 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.

B. 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.

RULE VI ANTI-NEPOTISM PROVISIONS
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

A. Definitions

1. Applicant. A person who applies for a position at the City and is not a Current Employee.

2. Change of Status. A change in the legal status or personnel status of one or more current employees.
a. Changes in legal status include, but are not limited, to marriage, divorce, separation, or any such change through which a current employee becomes a relative or spouse of another current employee or ceases to be a relative or spouse of another current employee.
b. Changes in personnel status include, but are not limited to, promotion, demotion, transfer, resignation, retirement, or termination of a current employee who is a relative or spouse of another current employee.

3. Current Employee. A person who is presently a City employee, or an elected or appointed City official.

4. Relative. A child, step-child, parent, grandparent, grandchild, brother, sister, halfbrother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.

5. Spouse. One of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by California law.

6. Supervisory Relationship. A relationship in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment.
257
15 B. Employment of Relatives
The City will not appoint, promote, or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any of the following would result:

1. A direct supervisory relationship between the relatives;

2. A potential for creating an adverse impact on supervision, safety, security, or efficiency.

C. Employment of Spouses
The City will not appoint, promote, or transfer a person to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:

1. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner.

2. Potential conflicts of interest or safety hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.

D. Marriage or Domestic Partnership After Employment

1. Transfer
If two City employees who work in the same department later become spouses or domestic partners, the Human Resources Manager has discretion to transfer one of the employees to a similar position in another department or to a similar position in the same department, but different division/work unit. Although the wishes of the two employees will be considered, the Human Resources Manager retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, or security. Any such transfer that results in a salary reduction is not disciplinary and is not subject to a pre- or post-disciplinary appeal due process, but is subject to the Grievance Policy outlined in Rule XXXI.

2. Separation
If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Human Resources Manager finds to be consistent with the City’s interest in the promotion of supervision, safety, or security, then the Human Resources Manager retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such transfer that results in a salary reduction is not disciplinary and is not subject to a pre- or post-disciplinary appeal due process, but is subject to the Grievance Policy outlined in Rule XXXI. 258
16 E. Applicants for Employment

1. Right to Apply. No qualified applicant may be denied the right to submit an application for employment and compete in the examination process. However, consistent with this Section, the City may reasonably regulate, condition, or prohibit the employment of an applicant for any position.

2. Disclosure of Relationship. Each applicant is required to disclose the identity of any relative or spouse who is a current employee.

3. Review by Human Resources Department. For each applicant who has a relative or spouse who is a current employee, the Human Resources Department will assess and issue a written decision as to whether any of the following circumstances exist:
a. Business reasons of supervision, safety, or security warrant the City’s refusal to place the applicant in a supervisory relationship with the relative or spouse; or b. Business reasons of supervisionor security, that involve potential conflicts of interest or other hazards that are greater for a Relative or Spouse than for other employees, which warrantthe City’s refusal to permit employment of a relative or spouse in the same department, division, orfacility.

4. Effect of Decision of the Human Resources Department a. If the Human Resources Department determines that either of the above circumstances exists, the Human Resources Department may either reject the applicant or consider the applicant for employment in a position that does not present either of the above circumstances.
b. Following examination, if the applicant is successfully certified as eligible pursuant to Rule XV: Examinations, they may be employed in a position for which the Human Resources Department has determined that neither circumstance exists pursuant to Section E.3 of this Rule. c. When an eligible applicant is refused appointment by virtue of this Rule, their name will remain on the eligibility list for openings in the same classification. For each opening, the Human Resources Department will make a determination consistent with Section E.3 of this Rule.

F. Guidelines for Current Employees

1. Duty to Report. Employees must report a Change of Status to the Human Resources Department within a reasonable time after the effective date of the Change of Status.

Wherever feasible, Employees must report a Change of Status in advance of the effective date.
259
17 2. Review and Decision by the Human Resources Department a. The Human Resources Department will undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whetherthe Change of Status creates an adverse impact on supervision, safety, or security.
b. The Human Resources Department will consult with an affected Department Head to make a good faith effort to regulate, transfer, condition, or assign duties in such a way as to minimize problems of supervision, safety, or security. c. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that there is an adverse impact on supervision, safety, security, or cannot be sufficiently minimized and to take further action. d. The Human Resources Department will issue a written decision within 30 business days from receipt of notice of a Change of Status.

G. Appeal of Decision by Human ResourcesDepartment

1. Current employees affected by the application of this Rule may appeal the action to the City Manager within ten (10) business days of receipt of the Human Resources Department’s decision.

2. The City Manager will hear the individual’s concerns and issue a written decision within 30 business days of the receipt of the individual’s appeal. The decision of the City Managermay be appealed under the Grievance Policy, Rule XXXI.

H. Employee Complaints
Employees who believe that they have been adversely affected by a violation of this Policy by a relative or spouse should submit complaints to their Department Head or to the Human ResourcesDepartment.

RULE VII NON-FRATERNIZATION POLICY
A. In General
Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Rule are therefore prohibited.

B. Application
This Rule applies to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions of Rule VI: Anti260 18 Nepotism Policy will govern employees who are relatives or a spouse of another City employee.

C. Definition of Conflict
For purposes of this section, a conflict exists if supervision,safety, or security would be impacted by a romantic or sexual relationship between two employees.

D. Supervisor’s Duty to Report
If a romantic or sexual relationship exists between a supervisor and a subordinate or another supervisor in the same department, the supervisor must promptly disclose the relationship to the Human Resources Manager and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees.

E. Determination byHuman ResourcesDepartment
Within ten (10) working days, the Human Resources Manager will issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human Resources Manager, in consultation with the City Manager, will have exclusive discretion in making the determination.

F. Resolution of Conflicts
Subject to any limitations imposed by these Rules, the Human Resources Manager will attempt in good faith to work with the employees to consider options to eliminate the conflict, including removing the supervisory authority that contributed to the conflict, reassignment, transfer, or voluntary demotion of a supervisory employee, or termination when the Human Resources Manager determines that modification of a supervisor’s assignment is not feasible. The Human Resources Manager retains discretion to determine that the conflict may be resolved via voluntary resignation or termination. If the decision results in an employee being released from employment or being reassigned to a position earning less salary, the decision of the City Managermay be appealed under the Grievance Policy, Rule XXXI.

G. Prohibited On-Duty Conduct
All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic or sexual relationship with another City employee at work locations or during work hours. Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of such City employee or any other City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees.

H. Employee Complaints
Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the Policy Against Harassment, Discrimination, and Retaliation. The complaint procedures are 261
19 available to all employees regardless of their past or present participation in a romantic or sexual relationship with another Cityemployee.

RULE VIII REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS The City maintains a separate Policy on Reasonable Accommodations and the Interactive Process. Absent undue hardship or direct threats to the health and safety of employee(s), the City provides employmentrelated reasonable accommodations to:

1. Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions;

2. Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider;

3. Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work;

4. Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement.

RULE IX WHISTLEBLOWER PROTECTION
A. Policy
The City prohibits all of the following:

1. Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation;

2. Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation;

3. Retaliating against an employee for refusing to participate in any activity that would result in a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation; and

4. Retaliating against an employee because the employee’s family member has, or is perceived to have, engaged in any of the protected activities listed in (a)-(c) above. 262
20 B. Policy Coverage
This Policy governs and protects City employees.

C. Definitions

1. “Protected activity” includes any of the following:
a. Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates state or federal law or a violation or noncompliance with a local, state, or federal rule or regulation.
b. Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation into alleged unlawful activity.
c. Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity.
d. Associating with another covered individual who is engaged in any of the protected activities enumerated here.
e. Making or filing in good faith and with reasonable cause an internal complaint with the City regarding alleged unlawful activity.
f. Providing informal notice to the City regarding alleged unlawful activity. g. Calling a governmental agency’s “Whistleblower Hotline” in good faith. h. Filing a written complaint under penalty of perjury that the City has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety.
i. Refusing to participate in any activity that the employee reasonably believes would result in a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation.

2. “Adverse action” may include, but is not limited to, any of the following:
a. Real or implied threats of intimidation to attempt to prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity. b. Refusing to hire an individual because of actual or potential protected activity. c. Denying promotion to an individual because of actual or potential protected activity.
263
21 d. Taking any form of disciplinary action because of actual or potential protected activity.
e. Extending a probationary period because of actual or potential protected activity. f. Altering work schedules or work assignments because of actual or potential protected activity.
g. Condoning hostility and criticism of co-workers and third parties because of actual or protected activity.
h. Spreading rumors about a person because of that person’s actual or perceived protected activity.
i. Shunning or unreasonably avoiding a person because of that person’s actual or perceived protected activity.

D. Complaint Procedure
An employee who feels they have been retaliated against in violation of this Policy should immediately report the conduct according to the complaint procedure in the City’s Policy Against Discrimination, Harassment or Retaliation so that the complaint can be resolved fairly and quickly.

Supervisors and Managers have the same responsibilities as defined in the Policy Against Discrimination, Harassment or Retaliation.

RULE X LIMITATIONS ON OUTSIDE EMPLOYMENT
A. No Outside Employment Without Prior Approval
In accordance with Government Code Section 1126, no employee may engage in any outside employment, enterprise, or activity that is inconsistent, incompatible, in conflict with, or adverse to their employment or ability to perform their duties and responsibilities, including performance of overtime work and emergency duties, or any other aspect of City operations. Employees are required to notify their Department Head in writing of all outside employment in which they are engaged or in which they intend to engage, so that the City may assess whether such outside employment conflicts with the employee’s City employment.

B. Attention to Duties During theWorkday
During the workday, employees are expected to devote their full time to the performance of their assigned duties. Any approved outside work, part-time job, hobbies, or personal business must be performed during off duty hours. Off duty hours include unpaid lunch break periods, but do not include other rest or break periods during which the employee continues to receive pay.
264
22 C. Prohibited Conduct
An employee’s outside employment, enterprise, or activity will be prohibited when any of the following are present:

1. It involves the receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course or hours of their City employment or as part of their duties as a City employee;

2. It involves the use for private gain or advantage of their City time, facilities, equipment, and/or supplies; or the badge, uniform, prestige, or influence of their City employment;

3. It involves the performance of an act, in other than their capacity as a City employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City; or

4. It involves time or scheduling demands that would interfere with the performance of their duties as a City employee..

D. Authorization and Appeal Process

1. Written Request
Any employee who wants to undertake a paid outside employment, activity, or enterprise must submit a written request to their department head. The written request must include: the work hours and/or time required; job title or the nature of the activity; the work location; and the supervisor, manager, and name of the employer or activity.

2. Department Head Determination
The Department Head will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City. If the Department Head determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/restrictions in writing, give the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel file.

3. Appeal of Department Head’sDetermination
a. An employee may appeal the Department Head’s determination to the Human Resources Department within 14 days from the employee’s receipt of the Department Head’s determination by filing a written appeal with the Human ResourcesDepartment.
b. The employee must specify the grounds on which they challenge the Department Head’s determination, and must attach all relevant documentary evidence to the appeal. The Human Resources Department must schedule a 265
23 meeting with the employee and the Department Head to discuss the Department Head’s determination.
c. The Human Resources Department will issue a written decision to the employee and the Department Head within 14 days from the date of the meeting. d. The decision of the Human Resources Department may be appealed to the City Manager.

E. Changes in Outside Employment Status
The employee must promptly report in writing to the Department Head any of the following changes that may occur: the employee changes assignment, position or department; the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.

F. Revocation / Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this Policy.

1. The employee’s work performance declines; or

2. An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City.

G. Use of City Equipment Prohibited
Under no circumstances may an employee use any City equipment, vehicles, tools, supplies, machines, or any other item that is City property while an employee is engaged in any outside employment, activity, or enterprise.

H. Injured Worker Outside Employment Approval
An employee who is off work due to an injury or illness, either work-related or not work-related, must receive written approval from the Human Resources Department to continue to engage in outside employment to ensure that the outside employment does not interfere with the employee’s recovery.

RULE XI LIMITATIONS ON POLITICAL ACTIVITY
A. No Political Activity on City Property or Work Hours City employees are prohibited from engaging in political activity during working hours or on City property.
266
24 B. No Political Activity in Uniform
No City employee shall participate in political activities of any kind while in City uniform or other City-issued clothing.

C. No Photographs of City Employees or Equipment
No City employees can be included in photographs with candidates for campaign purposes either in uniform, with City equipment, or while engaged in work.

RULE XII CLASSIFICATION
A. Preparation of Plan

1. The City Manager is responsible for preparing and maintaining a classification plan of all classes and positions within the City, including class specifications or job descriptions for each class, that is consistent with the staffing levels authorized by the City Council.

2. The classification plan will not include persons working as independent contractors, positions that are at-will, or elected/appointed officials.

B. Adoption, Amendment, and Revisions to Classification Plan The classification plan will be adopted by resolution of the City Council and may be revised from time to time by resolution of the City Council as changing conditions require. The revisions may consist of the addition, abolishment, consolidation, division, or amendment of existing classes.

A new position may not be created and filled until the revision adding the position to the classification plan has been approved by the City Council.

C. Allocation of Positions
Following the adoption of the classification plan, the City Manager will allocate every position in the Competitive Service to one of the classes established by the plan.

D. Class Specifications

1. The classification plan will consist of classifications of employees defined by classification specifications, including title, description of typical duties, and responsibilities of each classification, and a statement of the desirable training, experience, and other qualifications of applicants for positions in each classification. The classification plan will be developed and maintained so that all positions substantially similar with respect to duties, authority, and character of work are included within the same classification.

2. The Civil Service Board will approve the complete classification specification subject to meet and confer as needed; however, immaterial and non-substantive modifications may be warranted and approved administratively by the Human Resources Manager. 267
25 3. Class Specifications are available electronically and are also available upon request to Human Resources.

E. Reclassifications

1. When the assigned duties of a position have been materially changed by the City so as to necessitate reclassification, the affected employees(s) will be allocated by the City Manager to a more appropriate class, whether new or already created. Reclassifications may not be used for the purpose of avoiding restrictions concerning demotions and promotions, or to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.

2. If employees believe they are performing work outside the scope of the classification description covering their position, they should report the information, in writing, to their immediate supervisor, who will work with the Department Head and Human Resources Department to further evaluate the position.

RULE XIII METHODS OF FILLINGVACANCIES
A. Requisition

1. Whenever a vacant position is to be filled, the Department Head will complete a “Personnel Requisition Form” or other equivalent form approved by Human Resources and forward it to the Human Resources Department for processing. Once the form has been returned to the requesting department, a recruitment to fill the position will begin as outlined below.

2. In the event there is no eligible list of such vacancy, the Human Resources Manager shall cause to be conducted an examination for applicants to fill said vacancy.

3. The Human Resources Manager shall have prepared and promulgated, prior to the examination, official bulletins announcing such examinations. The Human Resources Manager shall specifically assure that the bulletin is made reasonably accessible to incumbent City employees. In addition to official bulletins, the Human Resources Manager shall use such normal advertising techniques as may be appropriate to the particular examination.

B. Appointments

1. The City Manager will make all appointments except for any position that reports to the governing body. The Human Resources Manager has discretion to decide in what manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of temporary employees, or from an appropriate eligibility list, if available, as certified by the Human Resources Manager. The order of preference for the lists shall be layoff, promotional and open competitive. The City Council will appoint the City Manager.
268
26 2. All vacancies will be filled by transfer, demotion, reemployment, reinstatement, or from candidates certified on an appropriate eligibility list, if available. In the absence of persons eligible for appointment in these ways, provisional or acting appointments may be made in accordance with these Rules. No person shall be appointed to any position included in the classification plan unless they possess the minimum qualifications prescribed for that class.

3. Appointments to a vacant position may be made from the top eight (8) candidates on a certified Eligibility List.

4. Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made.

5. The person accepting appointment shall report to the Human Resources Manager or designee on the date designated by the Human Resources Manager. Otherwise, the applicant shall be deemed to have declined the appointment.

C. Seniority

1. Seniority or benefit date begins on the date of employment, and accumulates continuously, less unprotected, unpaid leaves of absence, layoff, suspensions and other similar adjustments in accordance with these Rules.

D. Types of Appointments

1. Initial Appointment
Selection of new employees to fill vacancies within the Competitive Service shall be on the basis of competitive examinations as stipulated in these Rules.

2. Promotion
a. All non-entry level vacancies in the Competitive Service are filled by promotion when practical and consistent with the interests of the City, as determined at the sole discretion of the City Manager. When a vacancy arises, an exam will be given and a promotional list established. All qualified employees may apply. b. If determined to be in the best interests of the City by the City Manager, nonentry level vacancies may instead be filled by open-competitive exam and certification of an open-competitive employment list by the Human Resources Department in accordance with Rule XV: Examinations.
c. In the case of a promotion of any employee in City service to a position with a higher pay range, such employee shall be entitled to receive the rate of compensation in the entrance step of the class to which they have been promoted. In cases where the pay range overlaps, promotion shall be effected 269
27 at the step in the range of the new class which is next higher that the employee’s current salary or in accordance with the applicable MOU. A new anniversary date shall be established for future step increases.

3. Transfer
a. City-initiated Transfer. The City Manager has the right to transfer employees as may be required by business conditions or other factors. An employee may be transferred by the City Manager at any time from one position to another position in the same or a comparable class. Comparable class is one with the same minimum qualifications for that position, the same maximum salary involving the performance of similar duties, and requiring basically the same qualifications. The employee's current salary and anniversary date are retained.
b. Employee-Initiated Transfer. An employee who has completed their probationary period may request to transfer from one position to another position in the same or a comparable class, so long as that employee meets the minimum qualifications for that position. Employees requesting a transfer must submit a memorandum to the City Manager detailing the request for transfer and reasons for the request. Upon receipt of the transfer request, the City Manager will notify the employee’s Department Head. Job performance and qualifications will be evaluated to ensure the most effective use of the employee’s capabilities in determining the transfer request. The employee shall be placed on the pay rate of the new classification, but in no case shall the employee be paid at a higher level. The anniversary date is retained.

4. Voluntary Demotion
An employee may request demotion to a vacant position for which the employee possesses the minimum qualifications. Voluntary demotion requires approval by the City Manager.

5. Reemployment
A former employee may be reappointed from a reemployment list in accordance with Rule XXXIII: Separation from City Service and Reemployment.

6. Reinstatement
With the approval of the City Manager, a regular employee, or a probationary employee who has completed at least six months of probationary service, and who resigned with a good record may be reinstated within one year of the effective date of resignation, to a vacant position in the same or comparable class. Upon reinstatement, the employee will be subject to the full probationary period prescribed for the class. No credit for former employment will be granted in computing salary, seniority, vacation, personal necessity, sick leave, or other benefits, unless otherwise required by law, or these Rules. 270
28 7. Provisional Appointment
a. In the absence of there being at least three names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment to the classification may be made by the City Manager of a person meeting the minimum training and experience qualifications for the position. b. A provisional appointment may also be made by the City Manager during the period of leave of absence or suspension of an employee or pending final action on proceedingsto review suspension, demotion, or discharge of an employee. c. A provisional employee may be removed at any time without right of appeal or hearing.
d. In accordance with Government Code Section 20480, a provisional appointment that is vacant and for which the City is conducting an active recruitment may not exceed 960 hours in a fiscal year (July 1st – June 30th).

Absent these two conditions, all other provisional appointments may not exceed nine (9) months.
e. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open-competitive promotional lists, for service rendered under a provisional appointment.

8. Acting Appointment
a. Acting appointments may be used during the period of leave of absence or suspension of an employee or pending final action on proceedings to review suspension, demotion, or discharge of an employee.
b. An employee who is assigned in writing by the City Manager to serve an acting appointment in a higher level vacant regular or limited-term position will be appointed on a temporary basis to that class. An acting appointment cannot exceed 960 hours in a fiscal year (July 1st – June 30th). i. At any time the employee may request to be reassigned to their former class. In such a case,the employee will be reassigned within seven days. ii. At any time the employee may be removed and reassigned to their former class without right of appeal or hearing.
c. An employee who is serving an acting appointment under the terms in this Rule will receive a salary increase as outlined in their MOU for the duration of the acting appointment.
d. Upon return from an acting appointment, an employee will have the right to return to their former class and department and will have the step status and 271
29 merit increase eligibility date they would have achieved if the employee had remained in the lower class throughout the period of their acting appointment. e. No special credit will be allowed in meeting any qualifications or in the giving of any test or the establishment of any open-competitive promotional lists, for service rendered under an acting appointment.

9. Additional Duties
a. The City Manager may assign an employee to perform duties as part of their regular schedule that differ from the duties typically required of their position, but do not require the employee to assume the full duties of another position.

Any such assignments must be made by the City Manager in writing before the additional duties are performed.
i. At any time the employee may request to cease performing the additional duties. In such a case, the employee’s duties will be reassigned within seven days, if practicable.
ii. At any time the additional duties may be removed from an employee and discontinued or reassigned without right of appeal or hearing. b. An employee who performs additional duties under the terms of this Rule will receive a salary increase as outlined in their MOU for the duration of the assignment.

RULE XIV APPLICATIONS ANDAPPLICANTS
A. Qualification of Applicants
Applications for examination shall be reviewed by the Human Resources Department for adequacy of qualifications for the position involved. Applicants who appear to meet the necessary minimum qualifications shall be permitted to take the examination. In instances where an impractical large number of candidates appear to meet the minimum qualifications, the Human Resources Manager shall use their judgement to reduce the number by applying a higher standard of qualification requirement.

B. Employment Application Forms
Applications must be made as prescribed on the examination announcement. Application forms will require inclusion of all applicable training, experience, and other pertinent information and may request any other certificates or qualifying materials. Applicants may be required to provide supplementary information, including, but not limited to: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full, dated, and signed electronically by the person applying. 272
30 C. Criminal Conviction History

1. The City will not ask any applicant for employmentto disclose,through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post-trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Penal Code Sections 1203.4, 1203.4a, 1203.45, and 1210.1.

2. Unless otherwise required by law, the City will not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has determined that the applicant meets the minimum employment qualifications, as stated in any notice issued for the position. This provision does not apply to those positions for which the City is required by law to conduct a criminal history background check (e.g., peace officers) or to positions within a criminal justice agency.

D. Background Screening
After the City makes a conditional offer of employment, the Human Resources Department may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City will not deny employment to any applicant solely because they have been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This provision does not apply to applicants for public safety jobs.

The City may require an applicant for employment to be fingerprinted and/or to undergo a background check prior to beginning employment. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting, or failure to provide such information as is necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment.

Fingerprints will be submitted using the “LiveScan” process and in accordance with applicable state, federal, and local laws regarding the LiveScan process. A background investigation may include, but is not limited to, reference checks, employment history, criminal history, and public records. When the City conducts such an investigation, it will comply with all applicable requirements of the federal Fair Credit and Reporting Act and the California Investigative Consumer Reporting Agencies Act, as well as all other applicable state and federal laws.

In addition to a criminal conviction check, applicants may also be subject to a reference check. 273
31 E. Disqualification

1. Rejection
The Human Resources Manager may reject any applicant, at any pointinthe recruitment orhiring process, under any ofthe following circumstances:
a. The application is not properly completed or is incomplete. b. The application is received after the application deadline. c. The application shows on its face that the applicant does not possess the minimum qualifications required for the position.
d. The application shows on its face that the applicant is physically or psychologically restricted from performing the essential functions of the position applied for, and the City determines that no reasonable accommodation can be made for such medical restrictions in the position applied for.
e. The application shows on its face that the applicant is currently addicted to the habitual excessive use of drugs or alcohol.
f. The applicant has made a false statement of material fact or practiced any deception or fraud in the application process.
g. The applicant is not legally permitted to work in the UnitedStates.

2. Disqualification Based on Criminal History
If the supplemental application or a subsequent background screening discloses a previous criminal conviction, the Human Resources Manager will take into account the factors as noted in Rule XIV.D in determining whether to disqualify the applicant or rescind a conditional offer, if any.

3. Notice of Disqualification
If the Human Resources Manager preliminarily disqualifies an applicant based on criminal history, the City will provide written notification to the applicant, along with a copy of the criminal history report, if any. The applicant shall have five business days to submit a response to the City. The City shall consider the timely response of the applicant, and notify the applicant in writing of its final decision.

RULE XV EXAMINATIONS
A. Job Announcement
The Human Resources Manager will prepare a job announcement to announce a proposed 274
32 recruitment. The announcement may be posted on the City’s website and other locations the Human Resources Manager deems appropriate, depending upon whether the recruitment is open to the public or current employees only. The announcement will include:

1. The title and pay for the position;

2. The nature of the work to be performed and essential job duties of the position;

3. The minimum qualifications, including whether the job is a promotional position;

4. Type and subjects of examination, plus a statement of the relative weight of each type of examination expressed in percentage based upon a total score of one hundred per cent.

5. The last date that the City will accept applications, if any;

6. Any special physical, medical, training, or experience requirements. The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment; and

7. Such other information as determined in the discretion of the Human Resources Manager.

B. Examination Process

1. The Human Resources Manager will determine the manner and methods and by whom examinations will be prepared and administered.

2. The selection techniques used in the examination process will be impartial and relate to those subjects, which, in the opinion of the Human Resources Manager, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed.

3. Examinations will consist of selection techniques that will test fairly the qualifications of candidatessuch as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, evaluation of work performance, qualifying review, work samples, medical tests, psychological tests, successful completion of prescribed training, professional certifications, or any combination of these or other tests. The probationary period is considered as a portion ofthe examination process. Examinations will be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.

4. The content of all examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination.
275
33 C. Scoring Examinations and Qualifying Scores
A candidate’s score in a given examination shall be the average of their scores on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring the candidate failing in the entire examination or disqualified for subsequent parts of the examination. Unless otherwise determined by the City Manager, the percentage of proficiency required for passing shall be seventy (70%) percent.

D. Notification of Examination Results and Appeals
Each competing candidate shall be given written notice of having either passed or failed the examination, and if passed, their final earned score. A candidate may file a written protest of their score with the Human Resources Department within five business days of the date of the notification. The protest must include the facts to support the appeal. The decision by the Human Resources Manager of the appeal shall be final and there shall be no subsequent appeal. The candidate will be notified in writing the outcome of the appeal.

E. Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the City Manager, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section B of this Rule, or any combination of them. Only regular fulltime employees who have passed probation and who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations.

F. Continuous Examinations
Open-competitive examinations may be administered periodically for a single class as the needs of the service require. Names will be placed on employment lists, and will remain on such lists, as prescribed in Rule XV: Examinations. The Human Resources Manager will merge lists from continuous exams, while the lists maintain their original expiration date.

G. Disability Accommodation
An applicant with a disability may request accommodation in an examination process. Following receipt of a request for accommodation, the Human Resources Manager may require additional information, such as reasonable documentation of the existence of a disability.

RULE XVI ELIGIBILITY LISTS
A. Establishment and Certification of Eligibility Lists Upon receipt of the final results of any examination, the Human Resources Department shall record the names of all candidates who have successfully passed the examination, listed in order from the highest to the lowest score, and then promulgate such list. It is then valid for one year.

When the list expires, a new list may be created by the standard process if a vacancy exists. Upon 276
34 finding that a list is needed, the names on the list are current, and conduct of a new examination is unnecessary, the Human Resources Manager may extend the life of the list for a stated period, not to exceed an additional year.

During the life of the Eligibility List the Human Resources Department shall retain access to the applications and eligibility data.

B. Abolishment of Eligibility List
The Human Resources Manager may abolish an Eligibility List when four (4) or less qualified names are available for consideration for a vacant position.

C. Removal of Names from Eligibility List
The names of any person appearing on an eligibility list will be removed by theHuman Resources Department upon disqualification under Section E of Rule XIV: Applications and Applicants, upon receipt of the written request by that person to be removed from the list or if the applicant fails to respond to an offer issued pursuant to these Rule within five days after notification. It is the applicant’s responsibility to keep the City informed of their current contact information. The names of persons on promotional eligibility lists who separate from service pursuant to Rule XXXIII: Separation from City Service and Reemployment will automatically be removed from such lists.

RULE XVII OFFERS OF EMPLOYMENT AND HIRINGPROCEDURES
A. Conditional Offer of Employment
After completion of the required selection process and background investigation, the Department Director may make a conditional offer of employment from the certified eligible candidates, contingent upon the results of a pre-employment medical examination and fingerprinting.

1. Medical Examination of Applicants
a. Following a conditional offer of employment, prospective employees may be required to complete a job-related pre-employment psychological or medical examination to determine whether prospective employees are mentally and physically capable of performing the essential functions of the position applied for.
b. In addition, depending on the classification, a prospective employee to whom a conditional offer of employment is made may be required to pass a test for controlled substances in conjunction with the medical exam, under procedures described in the City’s Drug Free Workplace Policy. The offer of employment is conditioned on a negative test result. Applicants will be informed of the City’s drug testing policy in the job announcement. Employees who occupy safetysensitive positions may be subject to further drug testing as set forth in any 277
35 applicableCitypolicies, or applicable federal, state, or local laws. If a prospective employee fails a pre-employment drug test, they may not apply for any City position for twelve months.
c. A licensed health care provider chosen by the City will perform any required preemployment medical examinations with no cost to the prospective employee. d. Prospective employees will be required to complete amedical questionnaire and a medical records release as necessary to facilitate the examination process. e. Following the examination process, the health care provider will notify the City whether the applicant is fit for duty, fit for duty but subject to particular restrictions, or not fit for duty.
i. The City will evaluate the availability of reasonable accommodation(s) for prospective employees whose fitness for duty is subject to restrictions, as required by law.
ii. An applicant will be considered to have “passed” a medical examination if their medical examination results in a report that the applicant is fit, or is fit subject to medical restrictions for which the City is able to identify and implement an effective, reasonable accommodation.

B. Final Offer of Appointment
An applicant who has “passed” the medical examination will be provided with a final offer of appointment by the Department Director, provided that the City has not identified any grounds for disqualification under Section E of Rule XIV: Applications and Applicants. If the applicant accepts this final offer, they will reportto theHuman ResourcesDepartmentfor processing on or before the date of appointment.

C. Right to Work in the United States
The City is committed to full compliance with federal immigration laws. These laws require that all individuals pass an employment verification procedure and that every individual provide satisfactory evidence of their identity and legal authority to work in the United States no later than three business days after they begin work. All new hires must go through this procedure.

The City will comply with applicable requirements under state and federal law to notify an employee if the City receives a tentative non-confirmation notification or any other information specific to the employee from the Social Security Administration or the United States Department of Homeland Security.

D. Driver License and Driving Record
Employees who are required to drive as part of their job duties are required to possess a valid California driver license and maintain a satisfactory driving record acceptable to the City as a condition of employment. The City will, from time to time, obtain a copy of employee driving 278
36 records from the DMV where required or permitted by law. Employees must immediately report to their immediate supervisor and the Human Resources Department any changes in driving privileges. Employees who are required to drive as part of their job duties must provide proof of insurance and comply with additional requirementsset forth in the Vehicle Usage Policy.

E. Employment Oath
Pursuant to Government Code Sections 3100 and 3102, all public employees and all disaster service volunteers must sign an oath of allegiance before entering into the duties of their employment or volunteer service. The signed oath will be retained in the personnel file. The oath will be administered by the City Clerk, Deputy City Clerk, or a duly authorized designee.

F. Anniversary Date
The anniversary date in classification shall be based on the actual date of employment to the classification. Anniversary dates shall be adjusted for unprotected, unpaid leaves of absence.

RULE XVIII PROBATIONARY PERIOD
A. Objective
The probationary period is a test period, which is part of the selection process and will be used for close observation of the employee’s work to determine whether the employee can successfully perform the assigned duties of their position, adhere to the City policies and Rules, and adjust effectively to the position.

B. Duration and Applicability

1. Unless otherwise specified by MOU, the probationary period for all full-time appointments is twelve (12) months of actual and continuous service.

2. This probationary period may be extended by an additional period of up to six months by recommendation of the Department Head and approval of the City Manager. Such extension may only become effective upon written notice of extension provided to the probationer prior to expiration of the initial probationary period. Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the unpaid absence. Further, periods oftime on paid leave exceeding 20 consecutive working days will extend theprobationary period by a corresponding number of days.

C. Evaluations for Probationary Employees
During the probationary period, a probationary employee (including employees serving a probationary period due to promotion, transfer, demotion, reemployment, or reinstatement) must be evaluated quarterly.
279
37 D. Release from Probation

1. A probationary employee may be released at any time during the probationary period with or without cause or reason, without notice or appeal or grievance, and without any rights set forth under Rule XXX: Discipline and Rule XXXI: Grievances. The probationary employee will be notified that they have been released from probation.

E. Promotional Probationary Period

1. When a regular employee is promoted, they serve a new probationary period of twelve (12) months of actual and continuous service.

2. During the probationary period of a promoted employee, the Department Head may recommend that the employee be rejected if the employee’s performance or conduct does not meet the standards set for the position to which the employee was promoted.

3. An employee who fails to satisfactorily complete the probationary period in the promotional position will have no rights to continued employment in the promotional position and will be returned to their former position without cause, without notice, and without right of appeal or hearing as set forth under Rule XXX: Discipline and Rule XXXI:

Grievances. An employee returned under these circumstances would bump another employee with less seniority in the classification.

4. If the former position is not available, the employee on promotional probation will be separated from employment without the right of appeal, and the employee may request to be placed on the reemployment list for the former position for a 12-month period.

Placement on a reemployment list does not guarantee that the employee will be re-hired to the former position once that position becomes available. Employees terminated for cause are not eligible for return to their former position or placement on the reemployment list.

RULE XIX DRUG AND ALCOHOL-FREEWORKPLACE
A. Purpose
The purpose of this Rule is to promote a drug and alcohol-free workplace and to eliminate drug and alcohol-related inefficiencies and risks. This Rule applies to all City employees, whether they are on City property, or they are performing City-related business elsewhere, except as this Rule is superseded by a MOU, state, or federally mandated drug and alcohol policies. Compliance with this Rule is a condition of employment. Disciplinary action will be taken against those who violate this Rule.

B. Covered Individuals and Scope of Policy
The City maintains a separate Drug and Alcohol Policy. The individuals covered by this Policy are all employees, regardless of rank or title.
280
38 RULE XXI WORKPLACE SAFETY
A. Commitment to Workplace Safety
The City is committed to providing a safe workplace for all employees. Every employee should understand the importance of safety in the workplace. By remaining safety conscious, employees can protect their own interests as well as those of their co-workers. The City expects all employees to take steps to promote workplace safety.

Employees must maintain their work areas in a clean, healthy, and orderly condition to prevent unsafe conditions and potential accidents. Equipment must be properly stored when not in use, and all floor areas must be kept clean and free of fluids and other substances to prevent falls. It is each employee's responsibility to make sure the work area is clean and orderly at the completion oftheirscheduled work shift.

B. Injury and Illness Prevention Program
In keeping with its commitment to workplace safety, the City has adopted an Injury and Illness Prevention Program as part of its safety program. Compliance with this Program is a condition of employment, and all employees will be evaluated on their compliance with the Program. Each employee will be given a copy of the Injury and Illness Prevention Program, and a copy is maintained in City Hall.

C. Unsafe Conditions
If an employee identifies a potentially unsafe condition or risk, the employee should immediately report the matter to their supervisor.

D. Industrial Injury and Illness
If an employee is injured or becomes ill on the job as a result of performing job-related duties, the following steps will be taken.

1. Employee Responsibilities
a. Notify a supervisor or Human Resources immediately after an injury or symptoms of illness occur.
b. Follow the City’s procedure within 24 hours after an industrial injury or illness, even if the injury or illnessis considered minor. Delay or refusal to seek medical treatment can result in physical as well as compensatory complications.

Whenever possible, treatment should be received from a City-authorized treatment facility, unless an employee has pre-designated a physician. c. If the injury requires minor first aid care, there is a first aid kit located in the lunchroom and in the maintenance building. All rules of reporting apply, even though injury is minor and requires only first aidtreatment. 281
39 d. The City has an authorized immediate and emergency care center that the employee should be examined at with the appropriate City personnel authorization.
e. In the event of a life-threatening injury, employees will be taken to the nearest hospital, as appropriate. The employee or referring agent of the City must inform the hospital staff that they are seeking treatment for an industrial injury. f. Inform the Department Head or supervisor of any noted unsafe working conditions or faulty equipment/machinery in the work environment as set forth in Section C of this Rule.
g. In the event of a temporary or permanent industrial disability, the employee is entitled to Workers' Compensation Insurance coverage and/or personal shortterm and/or long-term disability benefits in accordance with these Rules and state and federal laws.

2. Employer Responsibilities
a. Department Heads or immediate supervisors should be aware of any injury/illness that occurs while an employee is performing their job duties. b. In conjunction with the employee, the Department Heads or supervisors will make a determination about whether the injured/ill employee needs minor first aid or medical treatment. No matter how minor the injury/illness, the supervisor is responsible for completing the “Supervisor’s Report" as soon as possible and submitting it to the Human Resources Department. This form can be obtained from Human Resources.
c. The City must give to the injured/ill employee the "Workers’ Compensation Claim Form" (DWC 1) within 24 hours of the injury. It is up to the employee to return the completed form to Human Resources, if necessary.

3. Off-Duty Social and Recreational Activities
The City may sponsor social or recreational activities for its employees, both on City property and off-site locations. Employee attendance at such social activities, however, is completely voluntary and is not work-related. Neither the City nor its insurer will be liable for the payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee's work-relatedduties.

E. Workplace Violence Prevention
The City is strongly committed to ensuring the safety of all City employees in the workplace. The workplace includes any location where City business is conducted, including City vehicles and parking lots. Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect City employees will not be tolerated and will 282
40 be subject to appropriate disciplinary action up to and including termination and criminal prosecution. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting. The City maintains a separate Workplace Violence Prevention Policy and employees, regardless of rank or title, are subject to its provisions.

RULE XXII WORKPLACE RULES
A. Personal Appearance
The City is a professional organization, and customers, suppliers, and the general public (collectively “community members”) frequently form their initial impressions of professional credibility based solely on employee appearance. Therefore, all employees must present a professional appearance by wearing attire appropriate to their job classifications and must promote a positive image to customers.

This Section is intended to provide standards on dress and appearance and is not meant to address all situations. There may be differences in some Departments’ standards depending on the nature of the work environment, nature of work performed, involvement with the public, required uniforms, or other circumstances identified by the Department Head. The standards in this Rule apply when the employee has officially reported to work. Department Heads are responsible for enforcement of this Rule and related Department Policies among their employees.

1. Guidelines for Attire and Footwear
a. In General. Employees are required to dress appropriately for the jobs they are performing. The following dress code regulations shall apply to all City employees. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
i. All clothing and footwear must be neat, clean, in good repair, and appropriate for the work environment and functions performed. ii. Prescribed uniforms and safety equipment must be worn and in good condition.
iii. Good personal hygiene is required. When used, perfumes, colognes, after shaves, and scented lotions may be applied if done so in moderation and may be prohibited at the discretion of the Human Resources Manager. iv. Dress must be professionally appropriate to the work setting, particularly if the employee has contact with the public at work. b. Business Casual. Except as noted below, employees should dress each day in 283
41 business casual dress. Business casual wear is a style of dress which projects a professional, business-like image while still permitting employees to wear more casual and relaxed clothing. Business casual does not include athletic wear, leisure wear, or beach wear.
c. Professional Business Attire. If an employee is representing the City at a meeting (such as City Council and Planning Commission meetings), professional business attire should beworn.

2. Limited Exceptions
a. Department Heads may exercise their discretion regarding appropriate attire in light of weather conditions or requirements of special projects or assignments. b. The City may designate special casual days during which the dress code may be relaxed. Criteria forsuch casual days will be announced in advance.

3. Tattoos and Jewelry
a. All jewelry and visible tattoos must be appropriate for the workplace, must not constitute a potential safety hazard for the employee or others due to its characteristics orthemannerin whichitisworn, orotherwiseviolateCitypolicies orthese Rules, including, but not limited to, policies prohibiting harassment and discrimination in the workplace. Such a determination will rest in the discretion of the Human Resources Manager. Any non-conforming tattoos must be covered with clothing, bandage, or makeup while at work.
b. Facial piercing jewelry including, but not limited to, that displayed via nose piercing, tongue piercing, eyebrow piercing, lip piercing, or any other facial piercing, must not constitute a potential safety hazard for the employee or others due to its characteristics or the manner in which it is worn, or otherwise violate City policies or these Rules, including, but not limited to, policies prohibiting harassment and discrimination in the workplace. Such a determination will rest in the discretion of the Human Resources Manager. Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer while at work.

4. Violations
a. Should an employee wear inappropriate attire or footwear to work the employee will be asked to leave the workplace and promptly return after changing into appropriate attire and footwear. Non-exempt employees may deduct the missed time from their available paid leave, or in the absence of paid leave, will be required to take the missing time as leave without pay. Failure by any employee to return to work promptly may be grounds for discipline. b. Repeated violations of this Rule may be grounds for discipline. 284
42 5. Reasonable Accommodation
The Human Resources Department may grant exceptions to this Section as required by law to provide a reasonable accommodation to an employee.

B. Use of City Property and Equipment

1. The City will provide all necessary equipment and supplies to allow employees to perform their duties. Employees may not use their own equipment for work. The City's insurance does not cover the loss of or damage to employees’ personal equipment.

2. Each City employee to whom a key, identification card, or other City-issued property is given is responsible for proper use of that City-issued property and is responsible for any loss or damage. Equipment belonging to the City similarly must be secured properly when not in use. City equipment is not to be removed from City property without proper authorization from a supervisor.

3. An employee who loses or misplaces their City-issued property must notify their supervisor immediately, and when appropriate, file a police report. Employees are prohibited from duplicating or loaning City keys or other City-issued property to anyone for any reason. All City-issued property must be returned to the supervisor prior to separation from employment.

4. City Vehicles
Use of City vehicles is governed by the City’s Vehicle Usage Policy.

C. Electronic Communication Systems

1. The City maintains an electronic mail system, a computer system (including Internet systems), and a voice mail system (collectively, “Communication Systems.”) These Information Systems are provided as technological tools for employees’ use in conducting City business. Employees’ personal use of these Information Systems must in no way distract from that business and must necessarily be limited and be subject to the approval of a supervisor.

2. Terms and conditions for use of the City’s Electronic Communication Systems are set forth in the City’s Internet and Email policy. Employees are required to read and comply with the City’s policy.

D. Workspace
Employees are responsible for maintaining their own work areas in a presentable, professional, neat, and organized manner. At the close of each business day, employees must ensure that all equipment is put away. All supplies should be removed from tables, benches, and furniture tops.

Paperwork should not be left out overnight. Employees must not litter or discard items on the premises.
285
43 E. No Smoking
In accordance with Section 8.40 of the Hermosa Beach Municipal Code, smoking is prohibited in all public places. All employees are prohibited from smoking inside any City facilities, vehicles, including private vehicles on City property and any public space, including sidewalks, streets, parks, and beaches. Employees are permitted to smoke in their personal vehicle parked on City owned or leased property.

RULE XXIII DISASTER AND EMERGENCY SERVICESWORKERS
A. All Employees Designated as DisasterWorkers
The protection of the health and safety, and the preservation of lives and property from the effects of natural, man-made, or war-caused emergencies which result in conditions of disaster or extreme peril to life, property, and resources, is paramount to the City. When a disaster strikes, the community looks to City employees for leadership and assistance in mitigating its effects. The assistance of City employees is vital to ensuring that this community recovers from a disaster as quickly as possible. It is important that all City employees be available to assist in responding to disasters, regardless of the position they hold. As such, in accordance with the provisions of Government Code Sections 3100 and following, all City employees are declared to be Disaster Service Workers.

B. Declaration of Disaster or Emergency
Upon the declaration of a disaster or an emergency, employees are required to follow direction given in accordance with the City’s Emergency Management Plan.

C. Employee Responsibilities

1. Off-Duty Procedures
a. Employees with Pre-designated Roles.

After ensuringthattheirfamilies are safe and any short-term arrangements have been made for their families' security, employees who have pre-designated emergency or disaster roles must respond according to those established procedures.
b. Employees without Pre-designated Roles
i. Communication Systems Not Functioning. When the telephones or other communication devices are not functioning, employees who do not have pre-designated emergency or disaster roles should gather information from radio and television broadcasts, and comply with any instructions given for City employees. Unless an employee cannot physically report to work, all City employees are expected to report to 286
44 work at their normally scheduled time after ensuring the safety and security of their own families.
ii. Communication Systems Are Functioning. If the telephones or other communication devices are working, employees must make every effort to contact their immediate supervisor for instructions as soon as possible. Unless otherwise instructed or if it is physically impossible for the employee to report to work, all City employees are expected to reportto work attheir normally scheduled time after ensuring the safety and security of their own families.

2. On-Duty Procedures
If the disaster occurs during normal working hours, employees should immediately follow the policy and procedures established by the City’s Emergency Management Plan, and any additional orders given for performing disaster work by the employee’s supervisor.
a. Remain On Duty. All employees are expected to remain on duty at their normal work location or at a disaster location, unless dismissed by the proper authority designated in the City’s Emergency Management Plan. Every attempt possible will be made by the City to assist each employee in communicating with their family.
b. Ongoing Disasters. For disasters extending beyond the normal work day, employees are required to follow the direction and order of the authority as designated in the City’s Emergency ManagementPlan.

D. Disaster Duties
Employees must perform those duties designated in the City’s Emergency Management Plan, and any additional duties assigned by the proper authority as stated in the City’s Emergency Management Plan. Employees may be required to perform duties outside their normal job description during adisaster.

E. Employees Physically Unable to Report to Work
In the event that an employee is unable to return to work because road and transit conditions prevent travel by automobile, public transit, or other conveyance, they have the option to become a disaster service worker in the city where they reside. Any employee who cannot return to the City and serves as a disaster worker for another municipality is required to contact the Human Resources department of that municipality for further instructions and to obtain written documentation of their assignment. The employee is required to notify their immediate supervisor of their working in the other municipality.

1. Compensation for Work Performed at Another Municipality Employees who are unable to report to work during a disaster will be entitled to receive 287
45 compensation from the City for the service performed at another municipality, provided that the employee provides written proof from the other municipality of the amount of time the employee worked there. That information should be logged on the employee’s timesheet and submitted through the normal payroll process. Alternatively, the employee may present written proof from the other municipality that the employee offered their services, but that the other municipality rejected their assistance.

2. Returning to the City
Employees are required to communicate with their supervisor as soon as possible, and are required to return to their normal or disaster duties at the City as soon as travel, by any reasonable means,to the City is possible.

F. Timekeeping Requirements
All employees are required to complete special timekeeping forms daily, which will keep a record of the following information:

1. The kind of disaster work performed;

2. The number of hours worked; and

3. The location where work was performed.

G. Failure to Report to Work During a Disaster
An employee who fails to report to work as a disaster worker at the City or at another municipality will be considered on unpaid leave during the duration of the emergency, unless the employee submits documentation that supports justification to receive paid leave.

RULE XXIV COMPENSATION AND PAYROLL PRACTICES
A. Work Schedules and Work Week
Work schedules are determined at the discretion of the department head and are subject to change with or without notice, according to the needs of the department or City. A non-exempt employee shall be in attendance and at work during the hours specified by the supervisor.

1. Work Schedule
a. All full-time employees are assigned to a 4/10 work schedule in which employees work Monday through Thursday, 7:00 a.m. to 6:00 p.m., unless designated otherwise. City Hall is closed every Friday. This schedule may be changed by the City Manager, subject to notice to the affected employees and the city’s meet and confer obligations.
b. Employees may request, or may be required, to work a different schedule in 288
46 keeping with their job classifications or departmentresponsibilities. Any such variation to the standard 4/10 schedule must be approved by the City Manager and memorialized in writing.

2. Timecards
a. Time records represent legal documents that are used to accurately record working time to compensate employees properly. As such, employees must accurately record all exact working time on the day it occurs and designate hours toward any leaves taken on their timecard, or other form prescribed by the City. b. Unless notified of adoption of another timekeeping method by the City, employees are required to record hours worked through the use of a City-issued timecard or an electronic equivalent. Employees must sign each timecard as a statement attesting thatthe time and hoursrecorded accurately and fully reflect all the time worked within the pay period.
c. Employees must record any use of paid leaves in the followingincrements:
i. Vacation leave hours must be taken and reported in 15-minute increments.
ii. Compensatory Time Off (“Comp Time”), Holiday Compensatory Time Off (“Holiday Comp”), and Administrative Leave (“Admin”) must be taken and reported in 15-minute increments.
iii. Sick (“Sick”) time must be taken and reported in 15-minute increments.

3. Supervisors’ Duty to Monitor
Supervisors are responsible for monitoring employee time including the following:
a. Start time for each work day;
b. Start time for each meal period;
c. End time for each meal period;
d. End time for each workday;
e. Whether a meal period is taken (if no meal period is taken it must be recognized);
f. All actual time taken as paid leave; and
g. Any additional time during which work is performed, including work performed outside the regularshift.
289
47 4. Submission of Timecards for Supervisor’s Review
Employees responsible for completing timecards must ensure that the timecards are submitted to their supervisors on the day designated by the City. Supervisors willreview and address potential issues in timecards as established in these Rules. Supervisors must sign eachtimecard,attestingtothe completionofsuch reviewandthatthe time recorded reflects all work performed by the employee of which the supervisor was reasonably aware.

5. Changes or Corrections to Timecards
Any changes or corrections to an employee’s timecard or time record must be initialed by the employee and the employee’s supervisor. Under no circumstances may any employee or supervisor record time on another employee's timecard.

B. Hours Worked and Overtime

1. In General
a. Non-exempt employees will be compensated for travel time beyond the regular home-to-work site distance, attendance at training or meetings, and other similar time where required under applicable state and federal wage and hour laws.
b. Time worked for which employees receive additional compensation, based on a minimum guaranteed number of hours, as set forth in an applicable MOU, such as call-out pay for hourly employees, will constitute hours worked to the extent that it represents time actually worked and does not otherwise constitute overtime as defined in this Section.

2. No Volunteering of Work Time
All time spent for the benefit of the City must be reported as hours worked on time records so that the employee is paid for all work. Non-exempt employees may not "volunteer" work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation. No supervisor has authority to request non-exempt employees to volunteer work time.

3. Meal Periods
a. Non-exempt employees are entitled to unpaid meal periods during which they will be entirely relieved of responsibilities and restrictions. Such time will not constitute hours worked.
b. Non-exempt employees are entitled to unpaid meal periods, asfollows:
i. City Hall employees are entitled to a one-hour unpaid meal period each workday.
290
48 ii. Maintenance employees are entitled to a 30-minute unpaid meal period each workday.
c. Supervisors will schedule meal periods to ensure appropriate coverage, subject to the above constraints.
d. All employees are expected to take reasonable measures wherever feasible to avoid the need for work to be performed during meal periods. Employees shall not perform any work during meal periods unless authorized in advance by a supervisor, in writing; and such time shall be reflected as time worked by the employee. Non-exempt employees who work during their meal periods will be paid for time worked. Working through meal periods without advance approval is grounds for employee discipline, up to and including termination.

4. Rest Periods
a. A 15-minute compensated rest period will be provided to all non-exempt employees for each four-hour period of service during each workday. Such time constitutes hours worked. Rest periods may not be combined to shorten the workday, to extend the meal period, or taken at the beginning or end of the employee’s work day.
b. Supervisors will schedule rest periods to ensure appropriate coverage.

5. Lactation Break Time
A non-exempt employee who wishes to express breast milk for her infant child during her scheduled work hours will receive additional unpaid time beyond the 15-minute compensated rest period. Those desiring to take a lactation break must notify a supervisor prior to taking such a break. The requested break time should, if possible, be taken concurrently with other scheduled break periods. Breaks may be reasonably delayed if they would seriously disrupt operations. The City reserves the right to deny an employee’s request for a lactation break if the additional break time will seriously disrupt City operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. a. Private Location
The City will provide employees with the use of a room or other location (other than a bathroom) to express breast milk in private. The City will attempt to find a location in close proximity to the employee’s work area, shielded from view, and free from intrusion. Such space will meet the requirements of the California Labor Code including a surface to place a breast pump and personal items, a place to sit, access to electricity, a sink with running water, and a refrigerator for storing breast milk.

Employees occupying such private areas shall either secure the door or otherwise 291
49 make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.
b. No Discrimination or Retaliation
The City prohibits any form of discrimination or retaliation against an employee for exercising or attempting to exercise any rights provided by this policy. Any such conduct or other violations of this policy should be reported to the Human Resources Manager or designee. Employees have the right to file a complaint with the California Labor Commissioner for violation of a lactation accommodation right described in this Rule.

6. Advance Request for Permission to Deviate from Regular Work Hours A non-exempt employee is required to seek advance permission from theirsupervisor for any foreseeable absence or deviation from regular working, break, and meal times.

7. Notification of Unforeseen Late Arrival or Absence
A non-exempt employee who is unexpectedly unable to report for work as scheduled must notify their immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time of arrival or absence. If the immediate supervisor is not available, the employee must notify the department head or designee.

If no one is available to speak with, the employee may leave a voicemail message, but is responsible to make a reasonable effort to speak with a supervisor or manager.

8. Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. A non-exempt employee who fails to timely notify the supervisor of any absences as required by this Rule, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.

9. Excessive Tardiness/Absenteeism and Abuse of Leave
Excessive unapproved tardiness occurs when a non-exempt employee is late to work or late to return from breaks/meal periods more than three times during any 30-day period.

Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by state or federal law exceeds three days in any three-month period.

Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination.

Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirements for taking the leave, and may be grounds for discipline, up to and including 292
50 termination. Should the City suspect that there is an abuse of sick leave by an employee, the City may require that the employee submit a physician’s certificate to support the absence.

10. Overtime
Hours worked by non-exempt employees in excess of 40 hours in their designated work week constitutes overtime. Time taken as paid leave, including, but not limited to, holidays, vacations, sick leave, and other similar periods when no work is performed does not constitute “hours worked” for purposes of overtime calculation. a. No Remote Access for Non-Exempt Employees
Unless the Human Resources Manager specifies otherwise in writing, non-exempt employees may not have remote access to City equipment, resources, or email. b. Prior Approval Required for Overtime
i. Non-exempt employees are not permitted to work outside of their regularly scheduled shifts except as authorized and/or directed by their supervisor or Department Head, or in the event of an emergency, as determined by the City.
ii. Working outside the regularly scheduled shift without advance approval is grounds for employee discipline, up to and including termination. iii. In emergency situations that necessitate working overtime, the employee must notify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the supervisor denies the request to work overtime, the employee must obey the supervisor’s directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination.
iv. This requirement applies to, but is not limited to, the following work by non-exempt employees:
• Work performed before the start of the shift;
• Work performed during meal periods;
• Work performed after the end of the shift; and
• Other work performed "off the clock," including work
performed at home.
293
51 c. City-Scheduled Overtime
The City may periodically require employees to work outside their regularly scheduled shifts in order to meet business needs. Supervisors must adhere to the following guidelines in assigning work outside an employee’s regularly scheduled shift:
i. An employee who may be required to perform outside the regularly scheduled shift should receive advance notice of the need for such work as soon as practicable before the work is expected to begin. ii. When practicable, such opportunities will be made available on an equal basis to all full-time employees capable of performing the work. iii. All employees who are scheduled to work outside of their regularly scheduled shift are required to work the assigned hours, unless otherwise excused by theirsupervisor.

11. Compensation for Overtime Hours Worked
a. Although employees are required to record actual time worked, in computing compensation due for overtime hours, the City will round total recorded overtime hours worked up to the nearest 15 minute increment. b. Compensatory Time Off
i. Non-exempt employees may choose to be compensated for overtime work through compensatory time earned (CTE) instead of receiving a cash payment. CTE accrues at therate of one and one-half hours CTE per overtime hour worked within the employee’s designated work week. The decision to receive overtime pay or CTE credit must be made at the end of the work week in which the overtime is worked, at the employee’s option, provided that the employee has not accrued the maximum CTE allowed under this Section and subject to approval by the Department Head or City Manager.
ii. CTE accrues up to a maximum of 100 hours for regular and probationary non-exempt employees, and if an employee reaches this maximum limit, they will be paid for all CTE hours over 100 as part of the regular payroll process.
iii. The City will grant an employee’s request to use accumulated CTE provided that: 1) the department can accommodate the use of CTE on the day requested without undue disruption to department operations; and 2) the employee makes the request in writing to the supervisor prior to the date requested. If the department cannot accommodate the time off without undue disruption, the City will provide the employee the 294
52 opportunity to cash out the amount of CTE requested at the end of the current pay period.
iv. Employees may convert unused CTE to pay as outlined in their MOU. v. City Cash Out: The City will cash out accumulated CTE in accordance with the applicable MOU.
vi. Value of CTE Cash Out: During employment, CTE is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays). An employee separating from City service shall be compensated for all accrued, unused CTE at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three years, whichever is higher.

C. Paychecks

1. Paychecks are distributed on the Fifth (5th) and Twentieth (20th) day of every month. If the paycheck distribution day falls on a Friday or holiday, or if another situation arises that warrants an earlier paycheck release date, paychecks will be distributed on the Thursday prior to the usual date for distribution.

2. The City makes all legally required deductions from employee payroll checks and may make voluntary deductions toward benefit contributions upon the enrollment and approval of the employee.

3. Each employee remains responsible for their own tax planning and for the consequences thereof. The City does not cash employee payroll checks. The City strongly encourages employees to use the available option for “Direct Deposit” of payroll checks.

RULE XXV ATTENDANCE AND LEAVES
A. Attendance
Employees must be in attendance on time at their work station or location in accordance with these Rules orDepartment policiesregarding hours of work, holidays, and leaves. Employees must make every effort to schedule personal appointments outside their working hours. Employee adherence to the Rules governing attendance, procedures governing use of leaves of absence, and tardiness will be reviewed and evaluated during the employee’s annual performance evaluation.

B. Scheduling Leaves of Absence
All scheduled leave will need to be coordinated on a City-wide basis in order to ensure appropriate staffing and coverage in all departments. Unless otherwise provided in these Rules, all leave must be approved by the supervisor, Department Head, and in some cases, the City 295
53 Manager.

C. Vacation

1. Eligibility
The City provides vacation benefits to all eligible full-time employees. Eligible employees earn vacation leave while in paid status until they reach the applicable vacation accrual cap. New employees accrue vacation and the accrued time can be used pursuant to the applicable MOU.

2. Accrual
a. Newly-appointed employees. Newly appointed employees will have their vacation accrual pro-rated for the first pay period if they are hired in the middle of a pay period.
b. Accrual based on years of service. Vacation time is accrued based on length of service as outlined in the appropriate MOU.
c. Cap. Employees may accrue or “carry over” earned but unused vacation time up to a maximum number of hours as outlined in their MOU. When an employee reaches the cap, they shall cease earning vacation leave until their leave balance falls below the cap. Vacation leave will not accrue during leaves of absence without pay unless required by law.

3. Cash-out during employment. The City will cash-out unused vacation time as outlined in the appropriate MOU.

4. Procedure to Request Use of Vacation. Vacation leave may not be used until it is earned.

Employees requesting vacation must request the time off from their supervisor with a minimum of one week’s advance written notice prior to taking leave, unless waived by the supervisor. The City reserves the right to refuse an employee's request for vacation if scheduling the vacation at the time requested will have an adverse effect on the operation of the City’s business. Use of vacation time in emergency situations is subject to approval by the City Manager.

5. Payment upon Separation. Employees who separate from City service will be paid for the full balance of their accrued but unused vacationpay at their rate of pay at the time of separation. Newly appointed probationary employees are not entitled to have their vacation time cashed out upon separation.

D. Sick Leave

1. Purposes for Sick Leave
Sick leave is paid leave from work that can be used for the following purposes:
296
54 a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members:
child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or b. For an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

2. Definitions
a. Employee: For purposes of this Section an “Employee” without further modification includes all full and part-time City employees, regardless of hire date.
b. New Hire: For purposes of this Section, a “New Hire” refers to any employee hired to work at the City on or after the Effective Date of these Rules.

3. Terms of Sick Leave
a. Accrual & Carryover for Different Categories of Employees i. Full-time employees and part-time employees who are not temporary employees accrue sick leave as outlined in their MOU. Accrued sick leave carries over from year to year. Employees may carryover up to the maximum number of hours of sick leave per year as outlined in their MOU.
ii. A part-time employee who works 30 or more days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but a part-time employee stops earning sick leave once they have accrued 48 hours or 6 work days/shifts, whichever is greater.
b. Sick Leave Use
A full-time employee may use accrued sick leave when it is available in a minimum increment of 15 minutes, subject to the limits and request provisions in these Rules.

A part-time or temporary employee may use accrued sick leave, in a minimum increment of 15 minutes, beginning on the 90th day after the first day of employment with the City, subject to the limits and request provisions in these 297
55 Rules.
c. Sick Leave Request
To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice.

If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this Rule without good reason, may result in the employee being treated as absent without leave.

4. Recording Use of Sick Leave
If an employee uses sick leave, it must be recorded in 15-minute increments. If the employee exhausts theirsick leave, the employee may request to use available vacation or comp time. If the employee exhausts all available paid leaves of absence, the employee may request an unpaid Medical Leave of Absence.

5. Medical Certification
The City may require that employees provide a physician's certification to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee. All employees who use paid leave to address issues related to domestic violence, sexual assault or stalking, and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter.

6. Compensation for Unused Sick Leave for Eligible Employees uponSeparation Sick leave may or may not be converted to cash upon termination, resignation, retirement, other separation from employment as outlined in the appropriate MOU.

Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.

7. Reinstatement of Unused Sick Leave Balances
An eligible part-time employee who separates from employment with the City and returns to active employment within 12 months of their separation date will have their accrued and unused sick leave balance reinstated, up to a maximum of 48 hours or 6 days, whichever is greater. For purposes of this provision, unused sick leave is leave that was accrued, but never taken by the employee or cashed out, up to 48 hours. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 day-qualifying 298
56 period to be able to use accrued sick leave.

8. Abuse of Sick Leave
Employees who do not comply with this Rule, or use sick leave forreasons otherthan for a valid purpose, are committing abuse of sick leave, which is grounds for discipline. The City reserves theright to take reasonable steps to determine whether an employee is abusing sick leave, including, but not limited to, attempting in-person or electronic communication with the employee using sick leave, identifying and tracking consistent patternsof sick leave use, such as in connection with weekends, holidays, and scheduled days off, and considering social media content or other relevant evidence that is either publicly available or shared voluntarily by other employees or interested individuals.

E. Administrative Leave
The City has the right to place an employee on leave with full pay for non-disciplinary reasons at any time when the Human Resources Manager determines that the employee’s or City’s best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay.

An employee assigned to administrative leave will be required to be reasonably available by phone during their regular working hours. In addition, employees on an administrative leave are prohibited fromentering City facilities or property, except to the extent that non-employees may access City facilities, property, or communicate with City employees, except union representatives,. The City Manager may place other reasonable restrictions on an employee during the period of administrative leave, depending on the circumstances.

F. Fitness for Duty Leave

1. In General
Employees are expected to report to work fit for duty, which means able to perform theirjob duties in a safe, appropriate, and effective manner, with or without reasonable accommodation. If an employee feels that they are not fit to perform their duties, they must notify their supervisor immediately.

2. Reasonsfor Fitnessfor Duty Leave
A paid Fitness for Duty Leave may be ordered by the City in any of the following situations:
a. An employee is involved in the interactive process with the City. b. A supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, factors such as an employee’s own statements regarding impairment or difficulty performing job duties or other indication of potential unfitness; objective evidence of impaired dexterity, coordination, alertness, speech, vision 299
57 acuity, or concentration in performance of job duties; disproportionate response to criticism; or inappropriate or uncharacteristic interactions with the public, co-workers, or supervisors.
c. Fitness for duty examinations based on a reasonable suspicion that an employee is underthe influence of illegal drugs or alcohol will be conducted in accordance with the City’s Drug and Alcohol Policy.

3. Procedures for Ordering a Fitness for Duty Examination When a supervisor becomes aware of, or observes, behaviorthatmakesthemreasonably suspectthat the employee may not be fit for duty, the supervisor must notify the Human Resources Manager who will determine whether to schedule the employee for a fitness for duty examination. If the circumstances warrant it, the Human Resources Manager, after conferring with the employee’s Department Head, may place the employee on paid Fitness for Duty leave pending the results of the employee’s fitness for duty examination. The examination will be paid for by the City.

4. Procedure Following Receipt of Examination Results
a. Fit for Duty
If the doctor finds the employee is fit for duty, the employee will return to work immediately and perform all duties of their position.
b. Fit for Duty with Restrictions
If the doctor finds the employee is fit for duty with restrictions, the doctor will specifically enumerate what functional restrictions are necessary in relation to the employee’s job duties and for how long those restrictions are necessary. c. Unfit for Duty
If the employee is found to be unfit for duty in their current position, they will not be permitted to return to work in that position.

5. Interactive Process
For employees found unfit for duty or fit with restrictions, the City will evaluate the restrictions, if any, and engage in the interactive process to determine whether a reasonable accommodation is available.

G. Bereavement Leave
Full-time employees may receive up to three days of paid bereavement leave, upon approval of their Department Head, to attend a funeral or memorial service or to take care of family matters that are related to the death of a member of immediate family. An employee may take two additional paid or unpaid days. Employees have up to three months to use their bereavement 300
58 leave. For purposes of this provision, “Immediatefamily” consists of the following: employee’s spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or the same relatives of a domestic partner. Employees are entitled to up to three days for each death in the immediate family. An employee who utilizes bereavement leave shall notify their supervisor or department head of the intent to use such leave. Reasonable proof of death and/or relationship to employee may be required.

The Department Director may grant one (1) additional shift in the event of a death which requires extended travel.

H. Military Leave
Employees who require time off from work to fulfill military duties will be treated in accordance with the applicable requirements of state and federal law. An employee requesting leave for this purpose must notify the Department Head, as soon as possible, and provide a copy of the military orders specifying the dates, site, and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

I. Jury Duty
A full-time employee, who is summoned to serve on a jury must notify their supervisor or department director as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required. All full-time employees, except sworn police personnel, shall be entitled to a paid leave of absence when called to serve on jury duty for an unlimited number of days of jury service. Jury service fees, excluding mileage, shall be returned to the City and the employee shall continue to receive their regular pay.

Employees shall return to their regular work assignment to complete their daily work hours if more than three (3) hours remain in the work day when dismissed from jury service or when employees are not called for service until the afternoon of a regular workday.

Employees called for jury service on their regular days off will not receive additional compensation. However, employees may keep any jury service fees received for service on a day off. Jury service shall not be counted as hours worked for overtime purposes.

Jury service shall be noted on timecards and a notation that Jury Duty was served for those hours.

A record of attendance from the court shall be provided by the employee and submitted with the payroll.

J. Other Court or Administrative Proceeding Appearances

1. Subpoenas
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which they observed or investigated in the course of their City job duties must 301
59 give their supervisor as much advance notice as is possible. The City will determine whether the matter involves an event or transaction in the course of the employee’s City job duties. If so, this leave to appear in court will be without loss of compensation, and the time spent will be considered work time. If the employee is fully compensated by the City to appear in court, they must return to the City the amount of pay the employee receives for witness fees.

2. Exception for Employee-Initiated or Non-City Related Lawsuits An employee subpoenaed to appear in court in a matter unrelated to their City job duties or because of civil or administrative proceedings that they initiated will not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use any accrued leave other than sick leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings or at a personnel or merit commission is entitled to paid release time.

3. Crime Victim/ Victim Family Member Court Attendance Leave Any employee, including a temporary employee, who is a victim of a crime that is a serious or violent felony, or a felony involving theft or embezzlement, may take leave from work to attend judicial proceedings related to that crime, if the employee provides the City a copy of the notice of the scheduled proceeding in advance. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, documentation from the District Attorney, victim’s rights office, or court/ governing agency that shows that the judicial proceeding occurred when the leave was used. An employee who is an immediate family member of such a crime victim, including:
a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.

4. Crime Victim/ Family Member Victims’ Rights Proceedings Leave Any employee, including a temporary employee, who is a victim of a crime listed in Labor Code section 230.5(a)(2), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off. 302
60 5. Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining Orders or Injunctive Relief
Any employee, including a temporary employee, who is a victim of domestic violence, sexual assault, or stalking, may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.

6. Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Medical Attention or Counseling or Safety Planning
Any employee, including a temporary employee, who is a victim of domestic violence, sexual assault, or stalking, may take leave from work to attend to any of the following:
obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.

K. Voting Leave
Any employee, if they do not have sufficient time outside of working hours to vote, may request up to two hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote. Employees must request time off to vote from their immediate supervisor at least two days prior to the election.

L. Leave Because of Pregnancy, Childbirth, or Related Medical Condition (PDL) a. Employees who are disabled due to pregnancy, childbirth, or related medical conditions are entitled to an unpaid leave for up to the number of hours they would normally work within four months (one-third of a year or 17 1/3 weeks).

For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. 303
61 An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
b. In addition, an employee affected by conditionsrelated to pregnancy, childbirth, or related medical conditions is entitled to temporarily transfer to a less strenuous or hazardous position or duties, or request another form of reasonable accommodation upon the certification of the employee’s health care provider that the transfer or other request is medically advisable, and can be reasonably accommodated. Further details are contained in the City’s Family and Medical LeavePolicy.

M. Family Medical and Care Leave (FMLA/CFRA)
a. The City provides family and medical care leave for eligible employees as required by State and Federal law. Employees who misuse or abuse family and medical care leave may be disciplined up to and including termination. Employees who fraudulently obtain or use CFRA leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions. This Policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the California Family Rights Act (“CFRA”). Unless otherwise provided by this policy, “Leave” will mean leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently. b. Further details are contained in the City’s Family and Medical LeavePolicy.

N. Work-related Injury/Illness Leave
Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers’ Compensation, shall continue in pay status under the following provisions. The City shall also designate this time off work as a leave under the FMLA/CFRA.

1. Coordination of Benefits
When the employee authorizes, the difference between the amount granted pursuant to such Workers’ Compensation leave and the employee’s regular pay will be deducted from the employee’s accumulated sick leave, vacation, personal holidays, and compensatory time, if any. The employee will continue in pay status and receive their pay until their accumulated sick leave, and authorized compensatory time, personal holidays, and vacation days, have been depleted to the nearest hour.

2. Accrual of Sick and Vacation Leave Continues While on Paid Leave During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers’ Compensation, they shall continue to accrue sick leave and vacation benefits as though they were not on a leave of absence. 304
62 3. Unpaid Leave and Continuation of Health Care Benefits Any employee subject to this Rule who depletes their accumulated sick leave, compensatory time, personal holiday time, and vacation days while absent from work by reason of an injury or illness covered by Workers’ Compensation may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

4. Employees Covered by Labor Code Section 4850
Sworn Police and Fire employees covered by Labor Code section 4850 et seq. will be allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law. The employee will continue to accrue sick leave and vacation benefits while in paid status.

5. Coordination of Benefits after 4850 Leave
Whenever the injury or illness continues beyond the one-year 4850 leave period, and when the employee authorizes, the difference between the amount granted pursuant to such Workers’ Compensation leave and the employee’s pay may be deducted from the employee’s accumulated sick and vacation leave, personal holidays, and compensatory time, if any. Thereafter, the employee may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

O. School-Related Leave

1. School or Licensed Day Care Activity Leave
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child’s school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to theirsupervisor of the planned absence. The leave is unpaid unless the employee uses vacation, personal leave, or compensatory time off. The employee must provide documentation from the school or licensed child care facility as verification that the employee participated in school or child care facility activities on a specific date and at a particular time. If both parents, guardians, or grandparents having custody work for the City at the same City work site, only the first parent requesting will be entitled to leave under this provision.

2. Child Suspension Leave
Any employee who is the parent or guardian of a child in grades 1 through 12 may take time off to go to the child’s school in response to a request from the child’s school, if the 305
63 employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child’s school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.

RULE XXVI LEAVE DONATION POLICY
A. Purpose
The purpose of this policy regarding donation of accrued leave is to provide paid leave for employees with a catastrophic injury or illness who have exhausted all other paid leave.

This policy will apply to all full-time employees who are facing a catastrophic illness or injury, are simultaneously eligible to accrue vacation, sick, or other types of leave, and have exhausted said leave(s). This policy will also apply to all full-time employees as described above who need to take leave to care for a spouse, parent, or child facing a catastrophic illness or injury in accordance with FMLA and CFRA. Employees receiving worker’s compensation benefits are not eligible for participation in the Catastrophic Leave Donation Program.

B. Policy
An employee who has accrued vacation or compensatory time may donate a part of their accrued time to another employee who is or will be absent for an extended period of time for catastrophic medical reasons or to care for a spouse, child, or parent facing a catastrophic illness or injury, and who does not have sufficient accrued leave time to cover their absence.

Upon verification from a medical authority that an employee has been stricken by a catastrophic illness or injury and is incapacitated from performing their job duties, or that an employee’s family member (spouse, child, or parent as defined by the Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA)) has been stricken with a catastrophic illness or injury, and upon verification that the employee has exhausted all of their accumulated leave, the Department Head and the City Manager may determine that an employee is eligible to receive donations of accumulated leave time from fellow employees.

Catastrophic injury or illness is defined as a life threatening injury or illness of an employee which totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the City for the employee. Conditions that are short term in nature, including, but not limited to, common illnesses such as colds, influenza, measles, or other illnesses or injuries are not catastrophic. In addition, pregnancy, labor, and delivery are not catastrophic, unless complications arise. Chronic illnesses or injuries, such as cancer, AIDS, residual effects of stroke, or major surgery which result in intermittent absences from work and which are long-term in nature and require long recuperation periods may be considered catastrophic.
306
64 Upon determination that an employee is eligible, a notice shall be distributed to all employees through the Human Resources Department advising that accumulated leave hours may be donated to the eligible employee. The maximum amount of total donation an employee may receive in a 12-month period is 1020 hours. The maximum amount an employee may receive to care for a family member (spouse, child, or parent) in a 12-month period is 480 hours. The 12-month period means a rolling 12-month period measured backward from the date leave is first taken.

All accrued leave of the recipient accrued during their absence will be used before any donations are applied. These hours must be integrated with the employee’s disability benefit payments if applicable. In no event shall an employee receive a combination of leave donations and disability payments in an amount that would exceed the employee’s pre-incident earnings.

The minimum number of hours that may be donated by an employee is one (1). Donation of time shall be limited to accrued vacation, compensatory time, sick time, or floating holidays and does not include administrative leave, or any other accumulated leave. An employee donating sick time must maintain a minimum of 80 hours of accrued sick leave, and may not donate sick time if their accrued sick leave balance is below 80 hours.

Donations are reflected as an hour-for-hour deduction from the leave balance of the donating employee and will be received on an hour-for-hour basis by the recipient, regardless of the differing pay rates. Donated hours will not be deducted from the donor’s leave balance until transferred to the receiving employee.

Donations will be provided to the recipient employee incrementally each pay period in the order which the donations were received. If all of the donated hours are not used by the time the recipient returns to work, then the unused hours will not be processed through Payroll and the donor will be notified that the hours were not used.

Employees wishing to donate leave time must complete a “Donation of Leave” form so that the time may be credited to the proper person. This form is to be submitted to the Human Resources Department. All employee participation in the Catastrophic Leave Donation Program is on a strictly voluntary basis. No employee shall be coerced, threatened, intimidated, or financially induced into donating paid leave time to this program. Donations shall be kept confidential and shall not be revealed to the recipient, other donors, and/or other employees.

Donations are not tax deductible for the donating employee. Donated leave time is subject to the recipient’s normal payroll deductions and is subject to all taxes as required by law.

C. Long-Term and Short-Term Disability Payments

1. In General
a. The City does not participate in State Disability Insurance/Paid Family Leave programs operated by the State of California. However, benefit eligible 307
65 employees who are continuously disabled due to a non-industrial accident or illness, or pregnancy, may be eligible for either short-term (“STD”) and/or longterm disability (“LTD”)benefits. b. STD/LTD benefits are offered under a contract between the City and the STD/LTD carrier, which is subject to change at any time. The City encourages benefit eligible employees to review the coverage and policy benefits contained in the booklet from the STD/LTD carrier and to contact Human Resources with any questions.

2. Use of Paid Leaves
a. At any time during the elimination period, an employee may submit an irrevocable request to Human Resources to use available, accrued paid leave to maintain their full salary for one or more days for the remainder of the elimination period.
b. At any time during the City’s Self-Insured Period, the employee may request to coordinate any remaining paid leaves with the STD/LTD benefit to continue to receive full salary for one or more days.
c. At no time will an employee’s use or coordination of paid leave result in compensation greaterthan 100% of the employee’s current base rate of pay. d. An employee will not receive pay for any holiday during the elimination period on which the employee is not using paid leave. Employees who are using paid leave during the elimination period will receive the paid holiday and will not be required to use accrued leave time to cover that day.
e. For any period of time in which an employee uses one or more full day of paid leaves, they will continue to accrue paid leave time. For any period of time in which an employee does not use or coordinate paid leaves while receiving STD/LTD benefits, they will not accrue any paid leave time.

RULE XXVII HOLIDAYS
A. Holidays Observed
Full-time employees, except temporary employees,receive the following City-observed holidays with pay.

1. New Year’s Day

2. Martin Luther King Jr. Day

3. Presidents Day
308
66 4. Cesar Chavez Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veterans Day

10. Thanksgiving Day

11. Day After Thanksgiving

12. Christmas Day
B. Guidelines for Determining Date ofObservation

1. If a holiday falls on a Sunday, the following Monday is observed as the holiday.

2. If a holiday falls on a Friday or Saturday, employees will receive “Holiday Comp” time.

C. Change to Schedule or Observance of Holidays
The City reserves the right to change the schedule or observance of paid holidays. In the event of such a change, employees will be given as much advance notice as is practicable.

D. Compensation for Holidays

1. Employees entitled to paid holidays who observe the holiday shall be paid for the number of hours the employee was scheduled to work had it not been a holiday.

2. If a non-exempt, full-time employee is required to work on a holiday by their Department Head, the City shall compensate the employee at one and one-half of their hourly rate in lieu of time off for the holiday in addition to Holiday Comp Time or Pay. a. Holiday Comp Time is accrued up to a maximum and cashed out in accordance with the applicable MOU.

E. Effect of Holiday on Vacation Leave
If one or more holidays falls within a vacation leave that an eligible full-time employee is taking, such holiday shall not be charged as vacation leave.

F. Holiday Flex Time
Full-time employees, excluding temporary employees, will receive ten (10) hours of Holiday Flex 309
67 Time for the following purpose: these ten hours can only be used for either Christmas Eve (December 24th) or New Year’s Eve (December 31st). The hours may also be split into two days, using five (5) hours each day (applies to Christmas Eve and New Year’s Eve only). Taking into consideration the employee’s preference, Department Heads will coordinate such leave to ensure there is adequate coverage for the department. Police employees who are required to work those two dates have until January 31st to use the ten (10) hours. The hours cannot be cashed-out and cannot be carried over from January 31st. In years when December 25th and 31st fall on Friday, Saturday, or Sunday, non-sworn employees will not receive Holiday Flex Time.

RULE XXVIII PERFORMANCE EVALUATIONS
A. Purpose
Performance evaluations are used to evaluate employees’ work performance during the evaluation period, to set goals for the coming year, to communicate expectations, and to determine eligibility for merit salary increases. Job performance is measured against various factors, including, but not limited to, quality and quantity of work, attendance and dependability, attitude, communication and interpersonal skills, and safety.

B. Timeframe for Evaluations

1. During the probationary period, evaluations are conducted quarterly. Following successful completion of the probationary period, performance evaluations are conducted annually on an employee’s Anniversary Date. Supervisors, however, may evaluate a subordinate’s performance as often as the supervisor deems appropriate, for legitimate business reasons, in consultation with the Human Resources Department.

2. Department Heads are responsible for the timely evaluation of employees in their departments, and they may solicit the assistance of lower level supervisors in the preparation of the performance evaluation.

C. Evaluation Process

1. Evaluations must be documented in writing on forms or system prescribed by the City.

The employee’s supervisor will prepare and sign the evaluation for each evaluation period. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee should sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with their supervisor; an employee’s refusal to sign will be noted by the supervisor on the evaluation along with the date of the meeting. The employee’s signature on the evaluation does not indicate agreement with its contents, and an employee’s refusal to sign will not prevent the City from taking further steps based on the evaluation. The Department Head will review and approve all performance evaluations of subordinates in their department. The City Manager will review and approve all performance evaluations of department heads or any other employees under their direct supervision. 310
68 2. The employee will receive a copy of the evaluation after the meeting with the supervisor(s) and the original evaluation will be placed in the employee’s personnel file.

3. An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within 10 calendar days of the employee’s receipt of the evaluation. The employee’s right to submit a written statement does not preclude a supervisor from taking immediate steps to address performance issues, including, but not limited to, implementing a performance improvement plan.

D. Confidentiality
The content of each employee evaluation report is confidential and will not be discussed with or by any person except the employee being evaluated, their immediate supervisor, the Department Head, Human Resources Department, Deputy City Manager, and the City Manager.

RULE XXIX RECORDS AND REPORTS
A. Personnel Files

1. Maintenance
The City maintains a personnel file on each employee. Files are kept for at least three years after separation of employment. An employee’s personnel file will contain only material that the City determines is necessary and relevant or that is required by law.

Personnel files are the property of the City, and access to the information they contain is restricted to protect employee privacy interests. In accordance with state and federal law, the City maintains a separate file with medical information for each employee.

2. Disclosure of Information
Upon request, the City will release information about its employees only to the extent required by law. The City will not disclose information if it believes doing so would constitute an unwarranted invasion of personal privacy or jeopardize the safety of law enforcement personnel, subject to a written consent to release information signed by the employee.

3. Inspection of a Current or Former Employee's Personnel File a. A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within five (5) days of a written request. A former employee is entitled to inspect their personnel records one time per year. A current or former employee or their representative wishing to inspect their personnel file must submit a written request to the Human Resources 311
69 Department. Reasonable proof of identity may be required of former employees. A current or former employee who seeks to authorize another person to inspect copies of their personnel file must provide a satisfactory written authorization.
b. The City will issue a written notice setting a date for inspection of the personnel file within five (5) calendar days of receipt of the request. With the requesting person's written consent, the date for inspection may be extended on one occasion by up to five calendar days. If the requesting person is a former employee who was terminated for violation of City rule, policy, or law involving harassment or workplace violence, the City will have discretion to mail a copy of the personnel file at the City’s expense instead of scheduling an in-person inspection.
c. A current employee may inspect their personnel file in the Human Resources Department. Inspection by former employees and authorized Departments will take place at Human Resources, unless otherwise mutually agreed in writing by the City, and may require additional reasonable proof ofidentity. d. A designated Human Resources employee must be present throughout the inspection. No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file.

4. Obtaining Copies of a Former Employee's Personnel File A former employee is entitled to receive a copy of their personnel records within 30 days after the City receives a written request. A former employee who wishes to receive such a copy should contact the Human Resources Department in writing. The City may charge a fee for the actual cost of copying. The City will honor a request to receive a copy of a former employee’s personnel file for less than 30 days under exigent circumstances.

5. Obtaining Copies of a Current Employee's Personnel File A current employee is entitled to receive a copy of their personnel records within 10 days after the City receives a written request. A current employee who wishes to receive such a copy should contact the Human Resources Department in writing. The City may charge a fee for the actual cost of copying. The City will honor a request to receive a copy of a former employee’s personnel file for less than 10 days under exigent circumstances.

6. Limitations on Access or Copying of Personnel File
Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records 312
70 that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.

7. Contact Information
Each employee is responsible for keeping their file up to date by promptly notifying the Human Resources Department of any changes to relevant personal information, including, but not limited to, mailing address, telephone number, emergency contact information, and number and names of dependents.

8. Medical Information
All medical information about an employee or applicant is keptseparately and istreated as confidential. Access to employee or applicant medical information shall be strictly limited to the employee or those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena, or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.

B. References
All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the Human Resources Department. Unless a signed release is provided by the current or former employee, only the following limited information will be provided: dates of employment and title upon departure. Supervisors are not authorized to provide information in response to requests for reference checks or verification of employment without prior approval of the Human Resources Department.

RULE XXX DISCIPLINE
A. Prohibited Conduct
To help the City achieve its mission of providing exceptional public services and facilities, City employees are to conduct themselves in a professional and courteous manner at all times and to accurately perform their job functions in a timely manner.

Discipline shall be administered in a fair and consistent manner and without regard to race, creed, color, religion, age, sex, national origin, ancestry, physical or mental disability, sexual orientation, gender identity, or other unlawful consideration. Nothing in this policy is intended to modify the at-will nature of employment for positions listed in Rule 2.A, including at-will, probationary, temporary, and part-time employees. At-will, probationary, temporary, and part-time employees may be terminated without cause and without right of advance notice, grievance, or appeal.

It is not possible to list all the forms of behavior that are considered unacceptable in the workplace; however, the following are examples of misconduct that may result in disciplinary 313
71 action, up to and including termination of employment:

B. Grounds for Disciplinary Action

1. Deliberate falsification, misstatement, or omission of fact in completion of City records, including, but not limited to, information provided in the employment application or to secure appointment, promotion, or maintain employment, or in time records or financial records.

2. Dishonesty; furnishing knowingly false information or in the course of the employee’s duties and responsibilities; making any false representation or statement, or an omission of a material fact.

3. Inefficiency, incompetence, carelessness, or negligence in the performance of duties.

4. Violation of safety rules orstandards.

5. Violation of any of the provisions of these Rules, department rules and regulations, City policies, or City ordinances orresolutions.

6. Unsatisfactory job performance or inefficiency in performance of job duties; inability to perform the duties of the position.

7. Absence without authorized leave.

8. Excessive absenteeism and/or tardiness as defined by the employee’s department head, and/or these Rules.

9. Use of leave from work in a manner not authorized or provided for under these Rules or City policies.

10. Insubordination; refusal to complete a lawful work assignment.

11. Harassment, discrimination, or retaliation, as prohibited by law or by these Rules or other City policy.

12. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties.

13. Discourteous, disrespectful, uncooperative, and/or offensive treatment of the public, volunteers, contractors, vendors, or other employees.

14. Misuse or unauthorized use of any City property, including, but not limited to: physical property, electronic resources, supplies, tools, equipment, City communication systems, City vehicles, or intellectual property.

15. Fighting, horseplay, assault, and/or battery, while on duty, in uniform, or under the guise of office.
314
72 16. Theft or sabotage of City property or the personal property of another.

17. Mishandling of public funds.

18. Abusive or bullying conduct, including malicious verbal, visual, or physical actions.

19. Sleeping on the job, except as specifically authorized.

20. Soliciting, receiving, or accepting, directly or indirectly, any money, gift, reward, service, gratuity favor, hospitality, loan, or other consideration for any service or official action rendered by the employee in violation of federal, state, or local law, or in violation of these Rules or City policy.

21. Intimidation or interference with the rights of any employee on the job;; or willfully restricting work output or encouraging others to do the same, unless a lawful strike.

22. Unapproved outside employment, enterprise, or activity that creates a conflict of interestwith service to the City.

23. Any conduct, both on and off the job, that impairs, disrupts, or causes discredit to the City, to the public service, or other employees’ employment.

24. Reckless or unsafe conduct.

25. Working overtime without prior authorization or refusing to work assigned overtime.

26. Failure to obtain and/or maintain the necessary license or certification specified for the position; failure to maintain minimum qualifications for a position including required licenses or certificates, or other failure to maintain any employment qualification.

27. Abusive, inappropriate, and/or vulgar language toward or in the presence of others in the workplace.

28. Gambling on City property or while on duty.

29. Use of influence of position with the City for private gain or advantage, or the use of time, facilities, equipment, or supplies for private gain or advantage;

30. Carrying firearms or other dangerous weapons while on duty or on City property when not required by job duties.

31. Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to unauthorized persons or entities.

32. Positive illegal drug and/or alcohol test or possession of drug paraphernalia on City property, facilities or in City vehicles.

33. Violation of work restrictions.
315
73 C. Types of Reprimands and Discipline

1. The primary objective of the City’s disciplinary process is to correct the problem.

Depending on the type of employee, their employment history, and the seriousness of their conduct, the following disciplinary measures may be used: oral reprimand, written reprimand, suspension without pay, demotion, reduction in pay, and/or termination for cause. The City is not required to take disciplinary actions in any sequential order.

2. Oral Reprimand
An oral reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. An oral reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. An oral reprimand is not subject to the discipline or discipline appeal procedures described below.

3. Written Reprimand
A written reprimand is a formal notice to an employee that further disciplinary action will be taken unless the employee’s behavior or performance improves. Reprimands may be issued by a supervisor, Department Head, or the Deputy City Manager.

The reprimand will contain the nature of the infraction or misconduct, identify the facts supporting the written reprimand, including dates and times of underlying events, and describe the corrective action that must be taken by the employee to avoid further disciplinary action being imposed.

A written reprimand will be signed by the person issuing it, countersigned by the employee, and filed with the Human Resources Department for inclusion in the employee’s personnel file. If the employee refuses to sign, that refusal will be noted instead on the written reprimand. A copy of the reprimand will be provided to the employee.

The employee may file a written response to the written reprimand with the Human Resources Department within ten (10) working days from the date of receipt. The employee’s timely written response will be included in the employee’s personnel file with the written reprimand. No other form of response to, or appeal or grievance of, a written reprimand is available.

4. Suspension Without Pay
The City may suspend an employee from their position without pay for cause.

Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final and also documented in the performance evaluation. A suspension without pay is subject to the discipline and discipline appeal procedures described below. Employees who are exempt from Fair Labor Standards Act (FLSA) 316
74 overtime will only be suspended for one work week, unless the suspension is for a gross safety violation, as authorized by the FLSA. Employees suspended from employment without pay will forfeit the right to accrue or receive any rights, privileges, or benefits during the suspension period, with the exception of insurance benefits.

A non-exempt employee is not eligible to work overtime during any work week in which a suspension is imposed. Exceptions to this eligibility rule may be granted in an emergency situation by the Department Head, with the concurrence of the City Manager.

5. Involuntary Demotion
The City may involuntarily demote an employee from their position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the demotion is final and also documented in the performance evaluation. A demotion is subject to the discipline and discipline appeal procedures described below.

6. Reduction in Pay
The City 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 reduction in pay is final and also documented in the performance evaluation. A reduction in pay is subject to the discipline and discipline appeal procedures described below.

A reduction in pay may not be imposed as a disciplinary measure upon employees who are considered exempt under the Fair Labor Standards Act (FLSA). The provisions of this Rule shall not apply to reductions in pay or benefits which are a part of a general plan to reduce salaries, wages, or benefits, or to a general plan to eliminate positions or reduce services as determined by the City.

7. Discharge/Termination
An employee may be terminated from their position for cause. Employeesterminatedin accordance with these Rules will forfeit entitlement to all employee benefits except benefitsto which the employee is statutorily entitled or otherwise entitled under these Rules. Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. A dismissed employee is entitled to the discipline and discipline appeal procedures described below.

D. Authority to Discipline

1. The City Manager, Deputy City Manager, and the Department Heads have the authority to reprimand, demote, reduce the pay of, suspend, or terminate regular employees for reasonable cause. Supervisors have the authority to reprimand employees. Exempt 317
75 employees will not be subject to any disciplinary action that would eliminate their exempt status under applicable state or federal wage and hour laws.

2. The Human Resources Manager or their designee will be the Skelly Officer, who will initiate all proposed suspensions, involuntary demotions, reductions in pay, and terminations for cause with a Notice of Intent.

3. In the event that the City Manager intends to discipline an employee directly, the City Manager will be the SkellyOfficer.

E. Due Process

1. Notice of Intent
In instances of disciplinary actions which result in financial detriment to the employee— i.e., dismissal, demotion, salary reduction, and suspension without pay—a written notice of the proposed disciplinary action (a “Notice of Intent”) shall be submitted to the affected employee at least ten (10) working days prior to the proposed effective date of the disciplinary action. In emergency situations when prior notification is not practicable, an employee may be suspended with pay until such notice is given and until the proposed action becomes effective.

The Notice of Intent will include the following:
a. The proposed disciplinary action, the proposed effective date, and specific charges upon which the proposed disciplinary action is based and any documents, recordings, electronic media or other evidence upon which the action is based.
b. A statement that the employee has been provided all copies of all written materials, reports, or documents upon which the proposed action is based. c. A statement informing the employee of their right to respond, either orally or in writing, to the Notice of Intent within ten (10) working days of receipt. Failure to respond during the time specified shall constitute a waiver of the right to respond prior to imposition of the proposed action.
d. A statement of the employee’s right to have a representative of their choice at the Skelly conference, the name and title of the Skelly Officer and the date, time and location of the Skelly conference.
e. A statement that the employee’s failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.
f. The employee’s signature on the Notice of Intent will acknowledge receipt by the employee. If the employee refuses to sign, that refusal will be noted on the Notice of Intent.
318
76 A copy of the Notice of Intent will be filed with HumanResources.

2. Employee Response Procedure
As provided in Section E.1 of this Rule, above, the employee will have the right to respond, either orally or in writing, to the Skelly Officer concerning the proposed disciplinary action within ten (10) working days after the employee has been served with the Notice of Intent. If the employee does not provide a response within the time specified, then the proposed action will be considered conclusive and will take effect as set forth in the Notice of Intent.

If the employee requests a Skelly conference, the Skelly Officer will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against him or her and present any mitigating circumstances, but shall not have the opportunity to provide witnesses or conduct a cross-examination of witnesses or evidence presented by the City. The Skelly Officer will consider the employee’s presentation before issuing the disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, unless mutually extended, and the intended disciplinary action will be imposed on the date specified in the Notice of Intent.

If, after meeting with the employee or reviewing a written response, the Skelly Officer determines that the employee’s response warrants further investigation, theymay delay the implementation or modification of the proposed disciplinary action until such time as the further investigation is completed. In the event the investigation produces facts that warrant more severe disciplinary action than originally proposed, the Skelly Officer will re-implement the notification procedures in Section E.1. of this Rule.

3. Final Decision andNotice ofImposition
The Skelly Officer has the authority, after considering the employee’s response and additional investigation, to: (a) impose the intended disciplinary action; (b) modify the intended disciplinary action; or (c) take no disciplinary action.

If the Skelly Officer decides to impose the intended disciplinary action as originally proposed, then they will provide the employee with a Notice of Imposition that contains the following:
a. The level of discipline to be imposed and the effective date of the discipline; b. The specific charges upon which the discipline is based; c. A summary of the facts that show that the elements of each charge at issue in the intended discipline;
d. All copies of all written materials, reports, or documents upon which the final action is based; and,
319
77 e. A reference to the employee’s appeal right and deadline to appeal.

If the Skelly Officer decides to modify the proposed action, then they will notify the employee by either issuing a revised Notice of Intent (for more severe disciplinary action than originally proposed) or a Notice of Imposition (for less severe disciplinary action than originally proposed). The Notice of Imposition will also include the information as set forth in this Section E.3 above.

If the Skelly Officer decides to rescind the proposed disciplinary action, they will advise the employee in writing, and the original Notice of Intent will be withdrawn with no record made in the employee’s personnel file.

4. Delivery of Notice of Imposition or Final Decision
The Notice of Imposition or other final decision of the Skelly Officer will be delivered to the affected employee personally or sent to the employee by either overnight mail and/or certified or registered mail, return receipt requested, at the employee’s last knownaddress. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.

F. Appeal of Disciplinary Action
A regular non-probationary employee may appeal major discipline to the City Council. Major discipline includes suspension without pay for five (5) or more days, a reduction in pay that is equal to the financial loss caused by a suspension without pay for five (5) or more days, demotion, and termination for cause. Probationary, temporary, and part-time employees may not appeal discipline.

The following appeal procedures only apply to the City’s regular employees. All other employees including part-time, temporary, at-will, and probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary appeal procedures listed below. The following appeal procedures apply only to termination for cause, demotion, suspension without pay forfive (5) or more days, or a reduction in pay that is equal to the financial loss caused by a suspension without pay for five (5) or more days.

1. Timeframe for Appeal
The employee may exercise the right to appeal by submitting a written request for an appeal hearing to the City Manager within ten (10) working days from receipt of the Notice of Imposition. Failure to do so shall constitute waiver of the right to appeal and failure to exhaust administrative remedies.

2. Appeal Hearing Body/Officer
Appeals will be heard by the City Council or its designee. All hearings shall be conducted in closed session unless specifically requested in writing by the employee to be in open session. If the City Council chooses to refer the matter to a designee, the designee shall 320
78 be selected from a list of third party neutrals provided by the California State Mediation and Conciliation Service. A Hearing Officer shall be selected from a list of seven (7) Hearing Officers by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.

3. Scheduling of Disciplinary Appeal Hearing
The City Manager or Human Resources Manager will schedule any appeal hearing within a reasonable time after an employee files a written request for the same. The hearing will be scheduled in not less than ten (10) nor more than sixty (60) working days from the date of the filing of the request for an appeal. In scheduling the appeal hearing the availability of the employee, Appeal Hearing Body, and any witnesses will be considered.

4. Prehearing Notice of Witnesses and Evidence
No later than ten (10) days before the hearing date, each party will provide the other and the Appeal Hearing Body a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee will use alphabet letters.

Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.

5. Continuances
The Appeal Hearing Body may continue a scheduled hearing only upon good cause shown or by mutual agreement.

6. Record of the Appeal Hearing
The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three (3) days of ordering or making the transcript, and will provide a copy of the transcript upon the employee’s request. The employee may also order a copy of the transcript.

7. Representation at Disciplinary Appeal Hearing
At the disciplinary appeal hearing, the employeemaybe representedby a person of their own choosing.

8. Employee Appearance
An employee who requests a disciplinary appeal hearing must be present during their disciplinary appeal hearing. Failure of the employee to be present will constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for their failure to be present within three (3) working days from the date the employee fails to appear.
321
79 9. Production of Witnesses and Documents
The Appeal Hearing Body has the authority to compel the attendance of witnesses, and to require the production of documents in advance of the disciplinary appeal hearing.

10. Conduct of the Hearing
a. Sworn Testimony. All witnesses shall be sworn in prior to testifying. The Appeal Hearing Body or court reporter shall request each witness to raise their hand and respond to the following: “Do you swear that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?” b. Evidence. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but will be conducted in a manner most conducive to the determination of the truth. The rules of privilege will be effective to the same extent that they are now or hereafter may be recognized in civil actions. The Appeal Hearing Body will determine the relevancy, weight, and credibility of testimony and evidence. The Appeal Hearing Body may not make a finding based on hearsay alone.
c. Exclusion of Witnesses. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon request of either party.
d. Authority of Appeal Hearing Body/Officer. The Appeal Hearing Body/Officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Rules, MOUs, or other duly adopted policies.

11. Presentation of the Case
The parties will address their remarks, evidence, and objections to the Appeal Hearing Body. The Appeal Hearing Body may terminate argument at any time and issue a ruling regarding an objection or any other matter. The Appeal Hearing Body may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the Appeal Hearing Body directs otherwise:
a. The City is permitted to make an opening statement;
b. The employee is permitted to make an opening statement; The opening statement may be reserved to be presented at the beginning of their case in chief. c. The City will produce its evidence;
d. The employee will produce its evidence;
e. The City, followed by the employee, may present rebuttal evidence; 322
80 f. Oral closing arguments are 20 minutes unless, at the discretion of the Appeal Hearing Body or upon request by either party, additional time is needed. The City argues first, the employee argues second, and if the City reserved a portion of its time for rebuttal, the City may present a rebuttal.

12. Written Briefs
Either party may request to submit a written brief. The Appeal Hearing Body will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.

13. Appeal Hearing Body’s Decision
Within thirty (30) working days of the conclusion of the hearing, the Appeal Hearing Body shall issue a written statement of decision. If the Appeal Hearing Body is the City Council, the decision is final and binding. If the Appeal Hearing Body is the City Council’s designee, the decision is advisory and may be taken to the City Council for a final and binding decision. Beyond consideration of the City Council, there is no process for reconsideration or appeal within the City’s administrative process.

14. Proof of Service of the Written Findings and Decision The City will mail and email a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of their address and email address. A copy of the decision shall also be provided to the Human Resources Manager.

RULE XXXI GRIEVANCES
A. Purpose and Applicability of GrievanceProcedure
This grievance procedure is established in order to provide adequate opportunities for employees to bring forth their views relating to any unfair or improper aspect of their employment with the City, and to seek correction thereof. The procedures set forth in this Rule shall apply to all employee grievances except where another procedure has specifically been prescribed elsewhere in these Rules or applicable MOU.

Matters specifically excluded from the grievance procedures set forth in this Rule include:

1. Performance evaluations or performance improvement plans;

2. Deferred or denied merit pay or step merit increases;

3. Verbal or written counseling;

4. Any disciplinary action;
323
81 5. Policy decisions of the City Council;

6. Transfer to another position without a loss of pay; and

7. Matters for which there is a separate appeal process, including, but not limited to, disciplinary action, or for which a separate process has been established under these Rules or another City policy.

B. Definitions
The following definitions will be applicable for purposes of this Rule only:

1. Grievance
An employee’s contention that the City has failed to comply with an established rule, regulation, policy, procedure, ordinance, or resolution governing personnel practices or working conditions or a non-disciplinary separation from employment as provided for in these rules.

2. Grievance Procedure
The process by which the validity of a grievance is determined, as set forth in Section C of this Rule.

C. Grievance Procedure

1. Step One: Supervisor
Within fifteen (15) calendar days after the events giving rise to the grievance, the aggrieved employee shall inform their immediate supervisor, in writing, of their grievance and the relevant facts. At least one conference shall be held between the aggrieved employee and their immediate supervisor after the employee has expressed their grievance. The supervisor shall advise the aggrieved employee of their decision within fifteen (15) calendar days following receipt of the grievance.

2. Step Two: Department Head
If the aggrieved employee believes that their grievance has not been resolved through Step One, the employee may, within ten (10) calendar days after receipt of their supervisor’s decision, fill out and submit a City Grievance Form to their Department Head.

The Grievance Form shall set forth all the facts necessary to an understanding of the issues involved and the aggrieved employee shall include a citation to the rule, regulation, policy, procedure, ordinance, or resolution alleged to have been violated and the remedy sought. The Grievance Form shall be signed by the aggrieved employee and submitted to their Department Head. The Department Head shall meet with the employee and their representative. Within seven (7) calendar days following the date of the grievance meeting the Department Head shall inform the aggrieved employee of their decision in writing.
324
82 3. Step Three: City Manager
If the aggrieved employee believes that their grievance has not been resolved through Step Two, the employee may, within ten (10) calendar days from receipt of the written decision from their Department Head, submit their grievance to the City Manager. Such submittal shall include the Grievance Form submitted in Step Two, a written statement of any issues which are still in dispute and the remedy requested. The City Manager or their designee shall meet with the employee and take such review and investigative action that the City Manager deems necessary. The City Manager will inform the aggrieved employee in writing of their decision within ten (10) calendar days of the grievance meeting. The decision of the City Manager or their designee will be final and binding, and no further appeal may be had under the City’s administrative processes.

D. Time Limits

1. Failure by the City at any step of this grievance procedure to communicate the decision to the aggrieved employee within the specified time limits will allow the aggrieved employee to proceed to the next level of review step.

2. Failure of the aggrieved employee to comply with the time limits of the grievance procedure constitutes settlement and resolution of the grievance.

3. The time limits specified at any step in this grievance procedure may be extended by mutual, agreement in advance of a deadline.

E. General Provisions

1. If a grievance is regarding conduct by the supervisor or manager who would be responsible for hearing the grievance at any step in the procedure set forth in this Rule, then the aggrieved employee may instead request approval to submit the grievance to the Human Resources Manager, or, if the grievance concerns conduct by the Human Resources Department, to the City Manager. The time limits set forth in Section C of this Rule will be tolled from the date of the aggrieved employee’s written request to the Human Resources Department or City Manager until the date of the City’s written response to such a request.

2. If the aggrieved employee’s Department Head also functions as their sole immediate supervisor at the time their grievance is submitted, then the employee may request that the Department Head permit the aggrieved employee to combine Steps One and Two of the grievance procedure set forth in Section C of this Rule. The Department Head will respond in writing to grant or deny such a request, and if granted, will confirm the step of the grievance procedure that will be deemed to apply. The time limits set forth in Section C of this Rule will be tolled from the date of the employee’s written request until the date of the City’s written response to such a request.

3. No retaliation or prejudice shall be suffered by employees making use of the grievance 325
83 procedure by reason of such use.

4. Forms for filing and processing grievances and other documents necessary under this Rule shall be prepared by the Human Resources Manager and given appropriate distribution.

All documents, communications, and records dealing with the processing of grievances shall be filed separately from employee personnel files.

5. Communication with the aggrieved employee shall be processed by personal signed receipt of document, certified mail, registered mail or email.

RULE XXXII LAYOFF POLICY
Determination of need for layoff, order of layoff, transfers ensuing from abolition of position, and status of personnel with respect to Eligibility Lists will be handled in accordance with Section 2.76.200 of the Municipal Code.

A. Abolishment of Position
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal through either disciplinary appeal or grievance procedures. The City Council may abolish such position only by a resolution, which will set forth in detail the reason, or necessity that requires the abolition of such position of employment.

The City Manager will determine the class and number of positions to be affected, the layoff date, and will notify the Department Head in writing of such reduction.

B. Written Notice of Layoff
Any employee to be laid off will be given written notice of layoff not less than thirty (30) calendar days prior to the effective date of such layoff.

C. Order of Layoff

1. Employees in the same class of positions will be laid off according toemployment status in the following order: temporary, part-time, probationary, and then regular.

Temporary, part-time, andprobationary employeeswillbe laidoff according to the needs of the service as determined by the City Manager.

2. In caseswhere there are twoormore regular employeesinthe classfromwhich the layoff isto bemade,such employees will be laid offon the basis ofthemostrecent performance evaluation, with the employee with the leastsatisfactory performance being laid offfirst.

3. In cases where their most recent performance evaluations are equal, the employee with less seniority will be laid off first. For purposes of layoff, “seniority” is defined as time in the current class, with any ties determined based on total time employed by the City 326
84 from the employee’s date of hire to present, excluding part-time or temporary appointments and any unpaid, unprotected time off
D. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the City Manager may, but is not required to, demote an employee identified for lay-off to a vacancy, if any, within the department in a lower class for which the employee is qualified. An employee may request to demote to a vacant position within the organization. An employee requesting a demotion must file a written request with the Department Head within five (5) working days of receiving written notice of layoff. The employee may only be demoted when the affected Department Head(s) and the City Manager approve the demotion. An employee who is offered a demotion has the right to refuse the demotion without losing their right to be placed on a reemployment list in accordance with Section F, below.

E. Specially Funded Positions
When a position is created and is fully funded by a grant of funds from the county, state, or the federal government, the position will be automatically abolished when the funding is terminated. The incumbent of the position will be terminated on the date upon which the position is abolished and the layoff and reemployment procedures prescribed in these Rules are not applicable.

F. Reemployment

1. Reemployment List
a. The names of all regular and probationary employees who were laid off, reduced in class, displaced, or who have received a layoff notice and voluntarily resigned will be placed on a reemployment list for their former class(es). It will be the duty of the employee to provide an address and any forwarding information for contact to the City.
b. Whenever a vacancy occurs in the class for which a reemployment list exists, the City may send a certified and/or overnight letter or email advising the person of the opportunity to apply forreemployment.
c. Persons who refuse reemployment or fail to respond to a notice of vacancy will be removed from the list and waive any reemployment rights.

2. Duration of Reemployment List
The reemployment list will be effective for a period of one year from the date of change in the employee’s status due to City layoff, except that persons appointed to regular positions of the same level as that which laid off, will, upon such appointment, be removed from the list. Persons reemployed in a lower class, or on a temporary basis, will remain on the list for the higher position for the remainder of the one year period. 327
85 3. Anniversary Date and Date of Hire
Upon reemployment, an employee’s anniversary date and date of hire will remain the same as if the employee had remained employed the entire period of layoff.

RULE XXXIII SEPARATION FROM CITY SERVICE AND REEMPLOYMENT A. In General

1. Any employee separating from City service may be requested to attend an exit interview conducted by the employee's supervisor, Department Head, or the Human Resources Department.

2. A separating employee must work the day following an observed holiday in order to receive holiday pay under Rule XXXVIII: Holidays. Benefits (vacation, sick leave, personal necessity, medical, etc.) will be accrued up to and including the last dayworked.

3. On or before an employee’s last day of work, they must return all City property in their possession or for which they are responsible, including keys and City identification card.

B. Types of Separation
All separations of employees from positions in City employment are designated as one of the following types:

1. Probationary Release;

2. Release of temporary or part-time employee;

3. Resignation;

4. Retirement;

5. Job abandonment;

6. Layoff;

7. Non-disciplinary or medical separation;

8. Disciplinary separation;

9. Death of the employee.

C. Probationary Release
Probationary employees serving in their initial probationary period with the City may be released at any time during the probationary period as recommended by the Department Head, without 328
86 cause or reason or notice. A released probationary employee has no right to appeal or to submit a grievance.

D. Release of Temporary Employee
A temporary employee may be separated at any time, without cause, and without right to any appeal or grievance.

E. Resignation
To resign in good standing, an employee must inform their Department Head in writing at least two weeks in advance of the effective date of the resignation. The reason for leaving should be included in the resignation. Failure to give the required notice may be cause for denying future employment by the City. Resignation will be deemed accepted upon submission. Once a resignation has been accepted, it is final. A resignation can be accepted by the Department Head even if it is submitted less than two weeks prior to the planned resignation date.

F. Retirement
An employee planning to retire should provide a written notice to the Department Head prior to the effective date of the retirement. A notice of retirement becomes final when the City is notified by CalPERS of the effective date of the retirement.

Only employees who meet the conditions for eligibility set forth in the City’s retirement plan and applicable regulations may elect to receive benefits earned under the retirement plan.

G. Abandonment of Position
An employee is deemed to have resigned from their position if they are absent for four (4) consecutive scheduled work days/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the City’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Human Resources Manager before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.

H. Layoff
As provided in Rule XXXII: Layoff Policy, an employee may be separated from employment by layoff.

I. Non-disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable 329
87 accommodation and interactive process is concluded in accordance with these Rules or City policies, will be given a written pre-separation notice of the reasons for the separation, the evidence supporting the decision to separate for non-disciplinary reasons, and an opportunity to respond before the separation takes effect. An employee separated for non-discipline has the right to a post-separation appeal under the Grievance Procedure.

J. Disciplinary Termination
A regular employee may be separated from employment for disciplinary reasons as provided for in Rule XXX: Discipline.

K. Death of the Employee
In the event of a death of an employee, payment of all earned wages due will be in accordance with the laws of the State of California. Unless otherwise provided by law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee. The City will distribute the Beneficiary Designation form. 330
88 EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL RULES This acknowledges that I have received a copy of the City of Hermosa Beach Personnel Rules and I represent that I am expected to read and understand the document and associated personnel policies. I had an opportunity to ask questions and receive clarification from the City regarding conditions of employment, policies, and rules contained herein, and I agree to abide by such conditions of employment, policies, and rules. I recognize that the Personnel Rules supersede any related Personnel Rules, Employee Handbook, policy statements, manuals, and/or administrative policies previously issued by theCity ofHermosa Beach.

I understand that these Personnel Rules do not create a vested contractual right in the execution by the City of Hermosa Beach of any duties and responsibilities relating to these Personnel Rules or associated personnel policies.

PRINT FULL NAME ________________________________________________________ SIGNED __________________________________________________________________ DATE _______________________
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0308
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 23, 2023

RECOMMENDATION TO REJECT CLAIM
(Human Resources Manager Vanessa Godinez)
Recommended Action:

Staff recommends City Council reject the following claim and refer it to the City’s Liability Claims Administrator:

Claimant: Rameron Perez
Date of Loss: February 9, 2023
Date Filed: February 23, 2023
Allegation: Claimant states he was driving southbound on Ardmore Avenue at 8th Street when a truck driving in front of him caused a drain cover to come off and he drove into the drain causing damage to his vehicle.

Attachment:

1. Claim Report for Rameron Perez
Respectfully Submitted: Vanessa Godinez, Human Resources Manager Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 5/18/2023
powered by Legistar™346
347
348
349
350
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0291
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 23, 2023

APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT LONG-TERM AGREEMENT

NEGOTIATIONS
(Community Resources Manager Lisa Nichols)
Recommended Action:

Staff recommends City Council approve the commencement of long-term agreement negotiations with the following organizations for the following special events:
· Amateur Athletic Union (AAU) for the AAU Junior National Championships; · Association of Volleyball Professionals (AVP) for the Hermosa Beach Open; · Junior Volleyball Association (JVA)/Beach Volleyball Clubs of America (BVCA) for the JVA/BVCA National Championships; and
· Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and Pumpkins in the Park.

Executive Summary:

The Community Resources Department is tasked with overseeing special event requests and permits on public property. The Special Events Policy Guide outlines the Long-term Agreement (LTA) Program, which allows organizations that meet the eligibility requirements to apply for an LTA to solidify event dates for up to three years.

At its May 2, 2023 meeting, the Parks, Recreation and Community Resources Commission (Commission) recommended the commencement of LTA negotiations to City Council with the following organizations for the following special events:
· AAU for the AAU Junior National Championships;
· AVP for the Hermosa Beach Open;
· JVA and BVCA for the JVA/BVCA National Championships; and · Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and Pumpkins in the Park.

Background:

The Community Resources Department is tasked with overseeing special event requests and permits City of Hermosa Beach Page 1 of 8 Printed on 5/18/2023
powered by Legistar™351
Staff Report
REPORT 23-0291
The Community Resources Department is tasked with overseeing special event requests and permits on public property. The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events.

The Special Events Policy Guide outlines the Long-term Agreement (LTA) Program, which allows organizations that meet the eligibility requirements to apply for an LTA to solidify event dates for up to three years and eliminates the need for organizations to submit a special event application each year and participate in the annual review and approval process by the Commission and City Council.

Additionally, the LTA Program provides an opportunity for event fees to be subsidized with a decrease or elimination through a negotiation process between the City and organization.

Since the implementation of the LTA Program, the City has entered into 10 LTAs. Attachment 2 is a table of the current LTAs including the organization, event, term of the agreement, payable fees to the City, and estimated fees waived annually for each agreement.

The LTA program requires the Commission to review and provide a recommendation to City Council on whether it believes the City should enter into an LTA with an organization for its special event.

At its March 7, 2023 meeting, the Commission recommended the commencement of LTA negotiations to City Council with the following organizations for the following special events:
· Mychal’s Learning Place for the California Great Santa Stroll; · Great Autos of Yesteryear for the Classic Car Show;
· The Jewish Community Center for the Community Chanukah Celebration; · Fine Arts Group of Hermosa Beach for the Fine Arts Festival; · Hermosa Beach Education Foundation for the Hearts of Hermosa; · International Surf Festival;
· Skechers Foundation for the Skechers Pier to Pier Friendship Walk; · Spyder Surf Shops for Spyder Surf Fest; and
· MESP Inc. for the Hermosa Beach Triathlon.

At its March 28, 2023 meeting, City Council approved Commission’s recommendation.

City of Hermosa Beach Page 2 of 8 Printed on 5/18/2023
powered by Legistar™352
Staff Report
REPORT 23-0291
At its May 2, 2023 meeting, the Commission recommended the commencement of LTA negotiations to City Council with the following organizations for the following special events:
· AAU for the AAU Junior National Championships;
· AVP for the Hermosa Beach Open;
· JVA and BVCA for the JVA/BVCA National Championships; and · Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and Pumpkins in the Park.

Past Commission and Council Actions
Meeting Date Description
March 7, 2023 Commission recommended to City Council the commencement of long-term agreement negotiations
March 28, 2023 City Council approved the commencement of long-term agreement negotiations
May 2, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
Discussion:

Staff received four additional LTA applications (Attachments 6-9). LTA applications may be submitted anytime. However, staff requested organizations that currently hold an LTA set to expire in 2023, or organizations that had previously expressed interest in an LTA, to submit an LTA application by February 23, 2023 to allow staff adequate time to negotiate and form a new agreement for the organizations’ events from 2024 to 2026. However, to provide additional time for staff to attempt to address conflicts with the 2024-2026 event dates requested from AAU, AVP, and JVA/BVCA, these organizations’ applications were not included within the original review of LTA applications at the Commission’s March 7, 2023 meeting. Friends of the Parks’ LTA application was received after the February 23, 2023 deadline, which is why the organization’s application was not included within the original review of LTA applications at the Commission’s March 7, 2023 meeting.

For an organization to be eligible for consideration of a long-term agreement for its special event, it must meet at least three of the following:
· Its special event(s) must qualify as an Impact Level II or III (per the Impact Characteristics City of Hermosa Beach Page 3 of 8 Printed on 5/18/2023
powered by Legistar™353
Staff Report
REPORT 23-0291
Matrix in the Special Events Policy Guide) and meet at least one of the following:
o Have a combined estimated total of 5,000 people in attendance per day; or o The special event must be at least two consecutive days, including setup and teardown. · The special event has been held in Hermosa Beach for at least three consecutive years; · The special event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; · The organization must be able to demonstrate how its programs (outside of those provided at the special event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community; or · The special event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the special event.

Attachment 10 is a table of the four additional LTA requests including the organization, event, a brief description of the event, the requested event dates, and whether it is a new LTA request or a renewal LTA request. Attachments 11-13 are the 2024-2026 Special Events Calendars with the requested event dates. The current 2023 Special Events Calendar is included as Attachment 14 for informational purposes. Requested dates are not confirmed at this phase of review, but would be part of the negotiation process if City Council approves the commencement of negotiations with each organization. The dates are provided for informational purposes only. If City Council affirms the Commission’s recommendation to proceed with the four additional LTA requests, staff would begin negotiations with the organizations and return to City Council for approval of the agreements.

AAU, AVP, and JVA/BVCA Conflicts
While requested dates are not confirmed at this phase of the review, staff is providing notice to City Council of conflicting event date requests from AAU, AVP, and JVA/BVCA. The conflicting requests are displayed on Attachment 10 and in the months of July on Attachments 11-13. Historically, staff has received conflicting event date requests from AAU, AVP, and JVA/BVCA as each organization prefers event dates in early to mid-July.

AVP is requesting new event dates to allow event setup to begin the second Friday of July of each year. AVP’s current LTA for its 2021-2023 events permits setup beginning on the last Wednesday of City of Hermosa Beach Page 4 of 8 Printed on 5/18/2023
powered by Legistar™354
Staff Report
REPORT 23-0291
June each year.

AAU and JVA/BVCA are requesting event dates in line with each organization’s event dates approved through the Special Events Permit Program from 2021-2023.

If City Council approves the Commission’s recommendation to enter into LTA negotiations with AAU, AVP, and JVA/BVCA, staff would recommend to City Council AVP’s new event date requests in their new agreement at a future Council meeting.

With AVP’s current LTA allowing event setup to begin on the last Wednesday of June each year, this results in event setup continuing through the Fourth of July holiday. The Fourth of July holiday draws large crowds to the City with many community members and visitors enjoying the beach, Strand, and Pier Plaza. Additional staff resources are needed to manage the large crowds. The Police Department secures up to 50 extra officers from other cities and the LA County Sheriff’s Department, to assist with crowd control and traffic control on this holiday. Prior to the adoption of AVP’s current LTA, staff did not permit any event activities to take place on the Fourth of July holiday for the following reasons:
· to limit impact to the large crowds;
· to limit impacts to the accessibility of the beach, Strand and Pier Plaza; · to limit impacts to parking; and
· to prevent additional impacts to City and staff resources.

However, during negotiations for AVP’s current LTA, an exception was made to allow AVP to load in through the Fourth of July holiday for the following reasons:
· to eliminate date conflicts with AVP and the Olympic Games due to athlete participation conflicts, overlapping broadcast coverage, and sponsor interests in both events; · to allow AAU and JVA/BVCA to follow AVP and take place prior to the final week of July, which both organizations have noted is too late in the month for its events to take place due to competing school schedules across the nation; and
· to mitigate for the increase of AVP’s total set-up days from three to five to limit activity as much as possible on the Fourth of July holiday and the weekend closest to the holiday.

While AVP’s current LTA is for its 2021-2023 events, only the junior portion of AVP’s event took place in 2021 due to concerns with COVID-19. The junior event took place after the Fourth of July holiday, from Monday, July 5 through Monday, July 12. This resulted in 2022 serving as the first year AVP’s setup took place on the Fourth of July holiday.

Staff would recommend in AVP’s new agreement its new event date requests to City Council at a future meeting following review of the 2024-2026 calendars, and consideration of City stakeholder City of Hermosa Beach Page 5 of 8 Printed on 5/18/2023
powered by Legistar™355
Staff Report
REPORT 23-0291
and community needs demonstrated following the completion of AVP’s 2022 event, outlined below. · A survey was produced by the Hermosa Beach Chamber of Commerce and Visitors Bureau in August of 2022, which focused on receiving input on special events on public property during the summer season from businesses within the City. Attachment 15 provides an overview of the results of the survey. The survey results indicated that AVP, following Fiesta Hermosa, is the second event that provides the most positive economic impact to businesses. The survey also indicated the loss of parking to accommodate AVP’s parking needs, resulted in a negative economic impact for some businesses because of the event in 2022.
· Several downtown businesses and community members provided direct feedback to staff that AVP’s setup during the Fourth of July was too impactful because it limited the community’s and visitors’ access to the downtown area and parking, resulting in a negative impact to business operations.

Furthermore, accommodating AVP’s new event date requests would allow AVP to condense its setup from five days to three days, which would further reduce the impacts to City stakeholders, the community, and accessibility of the downtown area.

Staff would continue to work with AAU and JVA/BVCA to negotiate alternate dates for each organization’s events.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policy:
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities.

Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.

Policies:
· 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and City of Hermosa Beach Page 6 of 8 Printed on 5/18/2023
powered by Legistar™356
Staff Report
REPORT 23-0291
family-friendly social interactions.
· 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. · 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment.

Goal 8. Special events at the beach are balanced to support community recreation and economic development without restricting coastal access or impacting the community.

Policies:
· 8.3 Community-focused events. Prioritize the approval of special events that enhance the sense of community, improve economic vitality, and foster a healthy environment and active lifestyles.
· 8.4 Family-focused events. Prioritize events that appeal to a wide segment of community members.

Fiscal Impact:

At this time, the fiscal impact associated with the recommended action is unknown. Special event fees are negotiated as part of each agreement. Therefore, the impacts are not known until negotiations are completed.

Attachments:

1. Special Events Policy Guide

2. Table of Current Long-term Agreements

3. Link to March 7, 2023 Commission Staff Report

4. Link to March 28, 2023 City Council Staff Report

5. Link to May 2, 2023 City Council Staff Report

6. AAU Long-term Agreement Application

7. AVP Long-term Agreement Application

8. JVA/ BVCA Long-term Agreement Application

9. Hermosa Beach Friends of the Parks Long-term Agreement Application

10. Table of Long-term Agreement Requests

11. 2024 Special Events Calendar

12. 2025 Special Events Calendar

13. 2026 Special Events Calendar

14. 2023 Special Events Calendar

15. Chamber of Commerce Summer Special Events Survey Overview City of Hermosa Beach Page 7 of 8 Printed on 5/18/2023
powered by Legistar™357
Staff Report
REPORT 23-0291
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 8 of 8 Printed on 5/18/2023
powered by Legistar™358

HERMOSA BEACH

SPECIAL EVENTS POLICY GUIDE
359
1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community.

Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council.

City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process:

Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
360
2 Table of Contents
General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required?
How do I apply for a special event permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….6 Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………10 Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14 Eligibility
Term Limits
Procedures
Obligations
361
3 General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twentyfive or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-ofway, or parkland within the city.

How do I apply for a special event permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources.

Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible.

What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered.

How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future.

Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations:
• South of Pier within the Commercial Zone; between 10th Street and the Pier; • North of the Pier within the Commercial Zone; between the Pier and 15th Street; • Designated Surf Zone
• The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access; • Pier Plaza;
• Within public right of way (please note that any event within the public right of way is subject to approval by the Chief of Police); and
• The following City parks:
o Valley Park, 2521 Valley Drive;
o Community Center, 710 Pier Avenue;
o Clark Field, 861 Valley Drive;
o Edith Rodaway Park: 350 Prospect Avenue; and
o The Greenbelt.

Special event applications for City parks not included above will be considered on a case-by-case basis.

Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 362
4 Commercial Zone
363
5 Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix.

The Impact Level of the event will be used to determine:
o applicable fees;
o deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/or City Council).

Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.

Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more Applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event.

Pier Plaza Promotions
364
6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special event application. Up to five Pier Plaza Promotions may be approved each calendar year.

Approval Guidelines + Requirements
Event Approval Findings
A special event permit may be issued upon finding that:

1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring.

2. The number of estimated attendees can be accommodated at the proposed location and surrounding area.

3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval.

4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff).

5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as requested and determined by City staff).

6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City staff).

7. Adequate provision has been made for additional portable restroom facilities (as requested and determined by City Staff).

8. The total number of days required for the event shall not exceed sixteen consecutive days.

9. The applicant provides required insurance, deposits, bonding and indemnification of the City.

Application Submittal Deadlines and Approval Process
Special event applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety (90) days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council.
• Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission and approval by City Council, permits will be processed and issued by the Community Resources Manager.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks, Recreation and Community Resources Advisory Commission approval, the Community Resources Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory Commission recommend denial of a special event, that decision may be appealed to the City Council. • Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community Resources Manager recommend denial of a special event, that decision may be appealed to City Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.

Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance and spectator total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Manager.

The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of returning Impact Level III events and a “Nothing Weekend” first, and then will consider approval of returning Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 365
7 Review Timeline
(Returning Events)
Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting October Meeting
At the discretion of the Community Resources Manager, special event applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines.

Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed.

Peak Season Event Limits
To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month. Additionally, only two events per any given day will be permitted in the City.

Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and City Council.

Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
366
8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.

Event Notifications
The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative.

Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event.

Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required.

A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to all City Departments involved or impacted by the event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings, which are involved or affected by the event.

Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, as staff will walk through the site and assess the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach.

Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale.

All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted, and City approved recreational events or activities.

All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards.

All tents must remain at least 10 feet from the Strand wall.

A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may be required.

Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation.

Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan.
367
9 Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.

Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special event application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits:

1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;

2. Whether the noise is prolonged and continuous;

3. How the noise contrasts with the ambient noise level;

4. The proximity of the noise source to residential and commercial uses;

5. The time of day; and

6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special event permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed.

Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits.

If the sale of alcohol is included in a special event application (requests for alcohol on the beach will not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event.

Professional Filming
A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or recording or photographing of activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website.

Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event.

Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and 368
10 beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.

Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements:

Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.

Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.

If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.

If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special event permits and any other permits issued by the City of Hermosa Beach on-site during the event.

Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all applicable fees are not paid in a timely manner.

Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
369
11 Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $3,169 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,487 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$6,341 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $996
Non-Profit Application Fee - non-refundable $664
Pass-Thru Application Fee - non-refundable $332
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272 per event day
Event Co-Sponsor $335 each
Event Set-Up/Tear-Down $300 per location, per day
Community Resources Staff $398 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department.

Application Fees
Upon review of the special event application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special event permit fees and is non-refundable.

Special Event Permit Fees
Events are subject to a daily permit fee based on the designated event category level.

Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event.

Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the special event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs
• reservation/use of public parking spaces
370
12 • use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign-off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.

Refund/Cancellation Policy
Once a permit is approved and issued, the special event permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date.

Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events.

The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include:

Title 8 – Health and Safety

8.24 Noise Control

8.64 Ban on Polystyrene Food Service Ware
Title 9 – Public Peace Morals and Welfare

9.28 Parties, Events and Gatherings on Private Property Title 10 – Vehicles and Traffic

10.28 Loading and Unloading

10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places

12.20 Beach and Strand Regulations

12.24 Municipal Pier
371
13 12.28 Parks, Playgrounds and Other Public Areas

12.30 Special Events on Public Property
Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event application filing, review, and approval process. Events and organizations that qualify for a long-term agreement or in a City Contract are not bound to the terms of this policy.

Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount.

Awards may only be used toward indirect special event fees charged by the City; direct costs are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250.

Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. Fee waivers will not be considered for new events or events taking place during the Peak Season between Memorial Day and Labor Day. Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award.

Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents. The organization producing the event must meet the following criteria:
1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.

Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:
372
14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event.

Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.

Approval
The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.

Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.

The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program.

Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to complete the following:
• A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.

Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year.

If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants.

Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long-term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City.

Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, the event(s) must meet at least three of the following:
373
15 □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.

Applicants will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria:
□ The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
□ The organization and/or event can demonstrate broad community support and sponsorship; □ The event appeals to a wide segment of community members; □ The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
□ The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
□ The organization/and or event addresses an unmet community need.

Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.

Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.

Procedures
The following steps are required to guide the development and implementation of an LTA:

1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.

3. Review and approval by the City Council to begin LTA negotiations with staff.

4. LTA negotiations and development.

5. Presentation of the final LTA to the City Council for approval. 374
16 Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, et 375
376
Attachment 2: Current Long-term Agreements
Estimated fees are calculated with the fees listed in the Master Fee Schedule effective December 1, 2021 to November 30, 2022

Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Twin River Management Group AVP –
Hermosa Beach Open
December 8, 2020-
July 12, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
City Staff, Resources, and or
Inspections (TBD)
Indirect Cost(s):

Category III x 6 days
Set-up x 6 days
Tear-down x 3 days
$22,093 (plus parking
and City Staff,
Resources, and or
Inspections TBD)
Direct Cost(s):

Application Fee
$616
Best Day Foundation Beach Day June 14, 2020-
September 10, 2023
None None Direct Cost(s):

Application Fee
$616
The Jewish Community Center Community Chanukah
Celebration
December 14, 2022-
December 18, 2023
Direct Cost(s):

Amplified Sound
$181 Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Fine Arts Group
of Hermosa Beach
Fine Arts Festival September 24, 2021-
June 11, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III x 2
Set-up
$7,364
Great Autos of Yesteryear Endless Summer
Classic Car Show
May 7, 2022-
May 6, 2023
None None Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
Friends of the Parks Pets in the Park,
Movies at the Beach, and
Pumpkins in the Park
September 17, 2021-
October 14, 2023
Direct Cost(s):

Amplified Sound x 3 events
Parking (TBD)
$543 (plus parking TBD) Direct Cost(s):

Application Fee
x 3 events
Indirect Cost(s) –
Movies at the Beach:

Category III
Set-up
$8,874
Hermosa Beach
Education Foundation
Hearts of Hermosa March 1, 2021-
March 26, 2023
Direct Cost(s):

Amplified Sound
City Staff, Resources, and or
Inspections (TBD)
$181 (plus parking and
City Staff, Resources,
and or Inspections TBD)
Direct Cost(s):

Application Fee
Indirect Cost(s):

Category III
Set-up x 2 days
$4,407
377
Attachment 2: Current Long-term Agreements
Estimated fees are calculated with the fees listed in the Master Fee Schedule effective December 1, 2021 to November 30, 2022

Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Spyder Surfboards Spyder Surf Fest April 24, 2021-
April 22, 2023
Direct Cost(s):

Amplified Sound
Parking (TBD)
$181 (plus parking TBD) Direct Cost(s):

Application Fee
Indirect Cost(s):

Pier Plaza Use
$12,928
International Surf Festival July 28, 2021-
August 7, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
Parking (TBD)
Indirect Cost(s):

Category III
Set-up
$11,336 (plus parking
TBD)
Shakespeare by the Sea July 13, 2022-
July 13, 2023
None None Direct Cost(s):

Application Fee
Amplified Sound Permit
$797
Estimated Annual
Total of Fees Paid:
$23,179 Estimated Annual
Total of Fees Waived:
$72,794
378

City of Hermosa Beach
Community Resources Department
710 Pier Avenue ● Hermosa Beach, CA 90254
310.318.0280 ● [email protected]

SPECIAL EVENT LONG-TERM AGREEMENT APPLICATION
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable Special Events Calendar for its residents. To support and develop a long-term approach to the scheduling of events, eligible events can qualify for a Long-term Agreement (LTA) with the City for a three-year term.

Procedures for Consideration
The following steps are required to guide the development and implementation of a LTA:

1. Submittal of an LTA Application to the Community Resources Department that addresses how the organization or event qualifies for each of the eligibility requirements.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.

3. Review and approval by City Council to begin LTA negotiations with Staff.

4. LTA negotiations and development.

5. Presentation of the final LTA to City Council for approval.

ORGANIZATION INFORMATION
Applicant Name: Birthdate:

Organization Name:

Non-Profit? ☐No ☐ Non-Profit I.D. or Tax Exempt #:

If non-profit, please describe who will benefit from funds raised from your event:

Address:

City State Zip
Phone:

Cell:

Email Address:

Gino Grajeda
Amateur Athletic Union of the United States / Southern Pacific Volleyball Committee XXYes 35-6057682
Sport Development Programs and AAU National Teams proceeds towards continental and world competitions 425 15th Street #3177
Manhattan Beach CA 90266
310 344 4466
[email protected]
213 973 2941
379

EVENT INFORMATION
Please indicate the number of years your event has been held in Hermosa Beach:

Event location:

Estimated # of Participants (daily): Age of Participants:

Estimated # of Spectators (daily): Total Estimated Attendance:

Event Level: PLEASE SELECT ALL THAT APPLY
☐ Local ☐ Regional ☐ National ☐ Championship ☐ Qualifier Event Type: PLEASE SELECT ALL THAT APPLY
☐ Race (run/walk, bike, etc.) ☐ Parade ☐ Concert ☐ Street Fair/Festival ☐ Tournament ☐ Fundraiser ☐ Swim/Paddle/Surf
☐ Other Please describe: _____________________________________________________ Please provide a brief explanation on your event and event activities:

EVENT DATES REQUEST
Date requests are not guaranteed.

YEAR ONE EVENT DATE(S):

Set-Up Date(s):

Event Date(s):

Clean-Up Date(s):

YEAR TWO EVENT DATE(S):

Set-Up Date(s):

Event Date(s):

Clean-Up Date(s):

YEAR THREE EVENT DATE(S):

Set-Up Date(s):

Event Date(s):

Clean-Up Date(s):

Please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above:
29 years
Beach Volleyball Courts (North and South)
X
X
10-18
Junior Beach Volleyball Tournament with several different divisions in competition over six days. Each division starts and ends on different dates with each wave two or three days, with some divisions only competing on one day. This allows for unique visitors, within the six day period, on each of the reserved date. 250
200+
+
450
The numbers do not indicate the total number of participants, as this is spread out through the week July 17
July 18-23
July 24
(Would consider a return to our early July dates again, if AVP is requesting date changes) 2024
2024
2024
the necessity of July for BOTH local and national entries is based upon the ending of the large June indoor volleyball events, the earlier start of local high schools and earlier commitments to high school programs at the end of Juiy and keeping a continuity of traditional dates. The constant change of AVP to various dates throughout the years have a disruption of moving from August to late July to early July and now potentially mid-July has an impact with our local and national athletes. If no solition can be found, then staying the court as it is now stands over the past three years with a preference to move to the original early July dates July 16
July 17-22
2025
2025
July 23 2025
July 15
July 16-21
July 22
2026
2026
2026
380

ELIGIBILTY
In order for an organization to be eligible for consideration of a long-term agreement, its event(s) must satisfactorily meet at least three of the following:

PLEASE SELECT ALL THAT APPLY
□ The organization’s event(s) must qualify as an Impact Level II or III (per the Impact Characteristics Worksheet found in the Special Events Policy Guide), AND meet at least one of the following:
o Have a combined estimated total of 5,000 people in attendance per day (participants and spectators); or
o The event must be at least two (2) consecutive days (including set-up and tear-down). □ The organization has held its event in Hermosa Beach for at least three consecutive years. □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses.

Please describe:
□ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.

Please describe:
□ The event can demonstrate:
o A community benefit; or
Please describe:
o A positive economic impact as a result of the event.

Please describe:

X
X
X
X
The AAU established the junior program in Hermosa Beach long before any other national organization which made Hermosa Beach the default location for national events in addition to the professional circuit at it's beaches.

Beach Volleyball is more than a sport in Hermosa Beach, but a lifestyle evident by the large number of local residents participating in our progams both at the national level and local level.

Although it is national event, the focus has always been with the local participants as "hosts" of this tournament.

Teams come from all around the country to compete on the sands of Hermosa Beach and to compete with the local teams who have shown they are among the country's best. This provides an opportunity for a home court advantage, due to the sand quality, summer weather and abundance of retail and hospitality in the city.

The history of AAU Junior Beach Volleyball dates back to 1994, while the first sanctioned AAU adult beach volleyball competition dates back to 1957 in Manhattan Beach, the community benefit is with the visitors who stay in local hotels, eat at restaurants, visit retail establishments in a family friendly environment.

Past support of the Chamber of Commerce and hotel properties have exclaimed when the AAU event is in town, the hotel rooms are in full occupancy, in addition to other busineses visited by the families from around the country, which also incudes local and regional teams who want to experience a "staycation" in Hermosa Beach. Families often plan vacations around sporting activities where their children compete. Hermosa Beach is no exception.

X
x
x
x
381

ELIGIBILTY CONTINUED…
In order for an organization to be eligible for consideration of a long-term agreement, it must demonstrate a positive community benefit through either the organization or its event by meeting at least two of the following criteria:

PLEASE SELECT ALL THAT APPLY
□ The event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses; Please describe:
□ The organization and/or event can demonstrate broad community support and sponsorship; Please describe:
□ The event appeals to a wide segment of community members; Please describe:
□ The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; Please describe:
□ the organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
Please describe:
□ The organization/and or event addresses an unmet community need.

Please describe:

Upon request by an organization whose event does not satisfy the eligibility criteria, City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.

X
X
X
x
x
X
The Southern Pacific Volleyball Committee considers Hernosa Beach it's home with several "Grand Prix" events leading to the National Championships. The beach volleyball athletes of the South Bay and Hermosa Beach are paramount to the success of the event.

We have worked with the Beach House Hotel, other properties, local restaurants for the benefit of not only our participants who return year after year, but also local businesses. The impact was felt when we were left off of the summer calendar in the past, only to ask for our return.

As a family friendly event, for boys and girls, the AAU National Championships has been a beacon what is going right in the world of youth competitive sports. A great visible event to see the number of athletes compete and represent their state on the courts in Hermosa Beach. Countless past participants fondly remember their experience at the AAU Hermosa Beach events and many have their own children participate.

The AAU National Championships not only provides an opportunity to participate, but it is an open competition, where teams do not have to qualify to enter. This allows local participants to compete for a national event in their own backyard instead of traveling across the country to do so.

The promotion of a healthy lifestyle is within the paradigm of our goal. What better activity is suited for the young athletes of Hermosa Beach to compete in. The local clubs, coaches, schools all have a place to test their skills amomg the nation's best.

Since 1994, in cooperation with the CIty Recreation Department, the AAU has provied junior beach volleyball programs with local and national tournaments, interscholastic competitions and the opportunity for local teams to represent the United States in continental and world championship events. 382