Section 3.3: Employment Groups
Positions in the City’s classification system shall be assigned to one of the following Employment Groups:
A. City Manager
The City Manager is appointed by the City Council and serves at the pleasure of the City Council. The City Manager shall be the appointing authority for all positions in the City service, except elective officials and those appointed by the City Council. The City Manager may delegate any of the powers and duties conferred upon them under the personnel rules and regulations to any other officer or employee of the City or may recommend that such powers and duties be performed under contract.
B. Personnel Officer
The City Manager shall act as Personnel Officer and shall administer the provisions of these rules. The City Manager may delegate the day-to-day administrative responsibilities of the Personnel Officer.
C. Management
Positions with responsibility for administering and formulating policy for the City or a department within the City and with primary responsibility for hiring, transferring, promoting, assigning and scheduling work, disciplining and dismissing employees.
D. Mid-Management and Supervisory
Positions directly supporting management, and those positions with responsibility for supervising, assigning, scheduling work, and disciplining employees.
E. Professional and Confidential
Positions in which employees are assigned tasks and/or have access to confidential information related to employee-employer relations or those positions requiring specialized knowledge, skills, and certifications attained through completion of a recognized course of instruction.
F. General
All other positions not assigned to any of the above groups.
G. Change of Group
All newly created positions shall be authorized by City Council action. New positions shall be assigned by the Personnel Officer to an employment group.
CHAPTER 4: PART-TIME EMPLOYEE TERMS AND
CONDITIONS POLICY
Section 4.1: Employee Status
Part-time employees shall not be afforded the rights, benefits, notice, and appeal procedures afforded regular full-time employees but instead may be discharged by the appointing authority without cause at any time. All part-time employees shall serve at the pleasure of the appointing authority.
A. Regular Appointments
Part-time employees are at-will and shall not be entitled to any of the rights or benefits of regular employees including, but not limited to, paid holidays and vacation, except as otherwise provided in this handbook or as mandated by State or federal law. Appointment to a regular part-time position is on an “as needed” basis and may exceed 12 consecutive months of employment provided that employment does not exceed an average of 29 hours per week over a period of 12 consecutive months.
B. Interim Appointments
Interim appointments may be made without recourse to the City's formal selection process and eligible certification provisions. An interim appointment shall not exceed six (6) months. Successive interim positions of the same individual are prohibited. No person may be employed on an interim basis in a part-time regular or part-time intermittent temporary position except as provided below:
1. As a substitute for a part-time regular or intermittent employee who is absent.
2. For the duration of any war or national emergency.
3. When it is impractical or has not been possible to recruit an appointee meeting the standards for part-time, regular, or intermittent employment.
4. When the budget appropriation allows for only interim employment.
5. When it is anticipated that the work of the position will soon cease or that the position will soon be abolished.
6. Lack of an eligible list or where those on list are not available.
7. When a state of disaster is declared, or such conditions exist which seriously endanger the health, welfare, and safety of the community.
8. When extensive illness, injury, or absence of an employee creates a hardship on a department and creates a need to temporarily replace the employee.
9. Other similar circumstances as approved by the Personnel Officer.
C. Provisional Appointments
A provisional appointment refers to the temporary appointment for a full-time position, of a person possessing the minimum qualifications for a particular classification other than eligibility by examination and who has been appointed to a position in that classification in the absence of eligible employees.
1. A part-time employee may serve in the capacity of a full-time provisional appointment subject to Section 6.12 of this Handbook.
2. With respect to all other rights and employee benefits, the provisional employee shall be subject to the provisions of the terms and conditions of employment set forth in the Part-time Employment and Benefits Policy and not by the terms and conditions of employment of the full-time classification in which the employee is serving provisionally.
Section 4.2: Work Schedules
Department Directors shall designate work schedules. The Department Director may alter the work schedule of an employee subsequent to the consideration of departmental workload, operational efficiency, and staffing considerations. Part-time positions can be abolished and/or replaced with full-time positions at the sole discretion of the City.
Section 4.3: Interpretation of Part-Time Employment and Benefits Policy In the event there is a dispute of interpretation of this policy, the Personnel Officer in conjunction with Human Resources staff shall review the facts surrounding the dispute and their decision shall be final and conclusive.
CHAPTER 5: COMPENSATION
Section 5.1: Salary and Wage Plan Preparation
The City Council shall adopt a Salary and Wage Plan from time to time. The Plan shall identify the minimum, maximum, and all related salary steps within the salary range for each job position.
The City Manager is authorized to represent the City in the meet and confer process established pursuant to the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., for the purpose of reaching an agreement on wages and conditions of employment for inclusion in the Salary and Wage Plan.
Section 5.2: Acting Pay
In the event an employee is assigned by the Personnel Officer or their designee to perform “acting duties” of a higher level (defined as responsibilities beyond or outside of the employee’s current classification), the employee shall receive an additional ten percent (10%) during the acting service period. Such pay shall begin on the first day the additional responsibilities are performed and shall be paid at the increased rate for the entire pay period. Upon conclusion of the acting service period, the employee shall return to their previous pay scale.
Section 5.3: Overtime
The City shall pay overtime in compliance with the Fair Labor Standards Act (FLSA). Non-exempt employees may be paid overtime for hours worked in excess of 40 hours a week or may elect to receive compensatory leave in lieu of being paid overtime. [Note: Per Department of Industrial Relations, no overtime is required for a regular schedule of not more than 10 hours per workday within a 40-hour workweek.]
For the purpose of calculating overtime, “hours worked” includes all hours in a paid status, including but not limited to regular hours worked, vacation leave, sick leave, holidays, bereavement leave, compensatory time off or any other paid leave of absence.
Regular overtime shall be paid at the rate of one and one-half (1½) times the employee’s hourly FLSA rate.
When applicable, double time shall be paid at the rate of two (2) times the employee’s hourly FLSA rate.
All hours worked in excess of forty (40) hours in a workweek, unless performed as a result of emergency conditions, must receive prior approval of the supervisor. In the case of overtime worked in an emergency situation, the supervisor shall be notified of the overtime worked as soon as possible. Overtime approved by the supervisor or department head may not exceed budgeted amounts, unless approved by the Personnel Officer.
Section 5.4: Straight Time Overtime (STOT)
Part-time non-exempt employees may be asked to work more than their regular hours. They will be paid at their normal pay rate for the first 40 hours of the week. If they work more than 40 hours, they will be compensated at time and a half (1.5) of their regular rate.
Section 5.5: Administrative Leave
In lieu of overtime compensation, exempt full-time employees are eligible for seventy-two (72) hours of administrative leave per fiscal year, which may be used upon approval of the department head and Personnel Officer. Unused administrative leave does not carry forward to the next fiscal year, nor is it eligible for cash payment.
Section 5.6: Bilingual Pay
A full-time employee recognized as proficient by the Personnel Officer in Spanish, Chinese, or any other language determined by the Personnel Officer, shall be compensated at a monthly premium rate of two percent (2%) above each employee’s base salary for providing bilingual translation services for the City.
Employees receiving bilingual pay prior to July 1, 2017, shall be deemed proficient and shall not be required to recertify at any time. Employees hired on or after July 1, 2017, may be required to periodically recertify after their initial recognition as proficient.
Section 5.7: Standby Pay
The purpose of assigning employees to standby duty is to ensure the City has qualified employees ready and available to respond, without delay, to after-hours operational needs and/or emergencies on behalf of the City.
Qualified employees may be assigned to standby duty on a rotational basis. Such assignments will be conducted on a voluntary basis; however, in the event there is a lack of volunteers the City may assign employees to standby duty, as needed, to ensure appropriate coverage.
A. Requirements for Employees Assigned to Standby Duty
1. Be reachable by telephone or other communication device within fifteen (15) minutes of the request; and
2. Be able to be physically on-site in the City in no greater than sixty (60) minutes of the request; and
3. Refrain from participation in activities which might impair their ability to perform duties.
In the event the City assigns an employee to standby duty, the employee shall be compensated as follows for such standby duty:
B. Weekday Standby Duty
An employee assigned to standby duty on Monday through Friday shall receive two (2) hours pay at the regular hourly rate for each day the employee is assigned to standby.
C. Weekend Standby Duty
An employee assigned to standby duty on a Saturday or Sunday shall receive four (4) hours pay at the regular hourly rate for each day the employee is assigned to standby.
Section 5.8: Callback Pay
An employee who performs work on behalf of the City outside of their regularly scheduled hours shall be compensated at the appropriate overtime rate in accordance with this section. This includes, but is not limited to making, receiving and/or responding to telephone inquiries to/from other City personnel during off-duty hours, reporting to work earlier than scheduled, or reporting to work on a regularly scheduled day off.
Call back commences upon receipt of the request/need to perform work on behalf of the City. The minimum period to be compensated for each physical callback shall be two (2) hours. The minimum period to be compensated for each telephonic or remote callback shall be one (1) hour. Any time worked in excess of these guaranteed minimum payments shall be paid in a minimum of fifteen (15) minute increments for the additional actual time worked during each callback. All portal-to-portal travel time required for a call back shall be considered hours worked and included for the purpose of calculating payment.
There shall be no duplication or pyramiding of call back rates under this section.
For example: If an employee is called back to perform work at a physical location at 8:00 P.M. and completes the task by 9:00 P.M., and then receives a second call back assignment at 9:30 P.M. (while still on duty for the first call back), the employee would receive the single two (2) hour guaranteed minimum payment plus any additional time worked paid in minimum fifteen (15) minute increments. However, if the employee subsequently receives another call back after 10:00 P.M. a new guaranteed minimum payment would apply.
CHAPTER 6: EMPLOYMENT SELECTION
Section 6.1: Equal Opportunities in Employment
The City provides equal employment opportunities for all applicants and employees. The City does not unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national or ethnic origin, citizenship, ancestry, age, physical disability, mental disability, medical condition, family care status, veteran or military status, marital status, sexual orientation, or any other basis protected by federal, state, or local law, ordinance or regulation. The City also makes reasonable accommodations that do not impose undue hardship on the conduct of City business for protected applicants and employees who seek such accommodations because of a qualified physical or mental disability.
This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social and recreational programs. It is the responsibility of every City official, manager and employee to conscientiously follow this policy. Unlawful disparate treatment based on any of the factors listed in this section is prohibited.
A. Fair Employment
The City will employ the applicant best qualified for an available position. Continued employment will be based on the employee's job performance, available funding, and demonstrated need for the position.
No question in any test, or in any application for, or by any appointing authority, shall be so framed as to attempt to seek illicit information concerning race, color, religion, national origin, ancestry, marital status, sex, age, physical (including health or disability status) or mental disability, sexual orientation, political or religious opinions, or affiliations or any other protected rights of the candidate. The City makes reasonable accommodations that do not impose undue hardship on the conduct of City business for protected applicants and employees who seek such accommodations because of a qualified physical or mental disability. No appointment to, removal from a position nor training received in the competitive service shall be affected or influenced in any manner by any consideration of an employee’s protected rights.
B. Merit and Fitness
Employment and promotion by the City shall be based on merit and fitness free of personal and political considerations and in no way shall be discriminatory because of any protected right.
Section 6.2: Recruitment Procedures
A. Recruitment Process
1. Delegated Human Resources Staff will review the job description for the position being recruited to ensure that it is up to date with current laws and forward it to the department director/supervisor for input as to essential functions and qualifications.
2. City employees shall be provided with an exclusive period, to be determined by the Personnel Officer, to apply and be considered for open full-time positions with the City before such positions are posted to the public.
3. Delegated Human Resources Staff will prepare the job flyer for all positions and will post on the City’s website, in any other publications, newspapers and mediums that are appropriate for the position being advertised. Position vacancies may be filled by an open competitive test, by promotion, by temporary appointment, transfer, re-employment, demotion, or by the appointment of individuals from eligible lists, if any, as determined appropriate by the Personnel Officer from time to time.
4. Delegated Human Resources Staff and/or Hiring Department Supervisors or Directors will receive, review, and evaluate all applications to determine qualifications. Applications who most closely meet the City requirements may be invited to participate in the examination process.
B. Interview and Selection Process
1. Delegated Human Resources Staff will schedule all interviews and obtain oral board raters. If two internal candidates apply, delegated Human Resources Staff will select an outside board. If delegated Human Resources Staff is unable to obtain oral board raters, then the department may be asked to assist in obtaining raters.
2. All interview questions will be approved by delegated Human Resources Staff prior to interviews to ensure there are no violations of applicable laws. Department Directors and supervisors may draft written assignment questions and additional job-related interview questions for approval.
3. All interview packets for oral board and department interviews will be prepared by delegated Human Resources Staff. Once interviews are completed, all interview and testing material (questions, job descriptions, flyers, and applications) will be returned to delegated Human Resources Staff.
4. Delegated Human Resources Staff will proctor and score any written assignments or tests and incorporate all exam and interview scores for a total score. All applicants will be certified according to test and interview scores. A certification sheet along with a copy of the raters’ sheets and written examinations will be provided to the department director to review. A final interview of the top 3 candidates will be scheduled with the Department Director, Supervisor and/or Personnel Officer for a final decision.
5. After the final interview, delegated Human Resources Staff will total individual applicant scores and provide a final certification sheet to the Department Director, Supervisor, and/or Personnel Officer for final selection of an applicant. Department head will advise delegated Human Resources Staff the grade and step candidate(s) is to be hired at.
C. The Hiring Process
1. Delegated Human Resources Staff will make the offer of employment and perform the background checks, reference checks, fingerprinting, and provide all of the forms necessary to complete the hiring process. Delegated Human Resources Staff will send letters to all candidates advising of the final hiring decision.
2. Employee Orientation will be conducted by delegated Human Resources Staff prior to an employee’s start date.
Section 6.3: Subjects and Method of Examinations
The goal of the examination process is to determine certain qualifications of applicants in an objective, consistent and fair manner. The type of examinations used as the basis for employment selection shall be determined by the Personnel Officer on the recommendation of the appropriate department head.
Examinations may be written, oral, practical demonstration, physical or any combination and shall be reasonably related to the requirements of the position to be filled.
Section 6.4: Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service may require. Promotional examinations may include any of the selection techniques referenced in Section 6.3 above. All candidates for promotion must be employees in the competitive service and must possess the minimum qualifications as set forth in the specifications of the class to which promotion is sought.
Promotional examinations, however, may be scheduled when there are at least two qualified City employees interested in and willing to accept the position.
Section 6.5: Continuous Examinations
Open-competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as referenced in Section 6.9 below.
Section 6.6: Conduct of Examinations
The Personnel Officer shall recommend the manner and methods and by whom examinations shall be prepared and administered. The City, upon recommendation of the Personnel Officer, may contract with any competent agency or individual to prepare and/or administer examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed.
Section 6.7: Notice of Results of Examination Process
As soon as the rating of an examination has been completed and the eligibility list established, each candidate shall be notified in writing of the result of the examination, and if successful, their general average score.
Section 6.8: Scoring Examinations and Qualifying Scores A candidate’s score in a given examination process 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 is grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination process. The Personnel Officer may, at their discretion, include as a part of the examination, tests that are qualifying only.
Section 6.9: Eligible Lists
Employment and promotional eligible lists based on selected test and interview results shall be effective for six (6) months following the date approved by the Personnel Officer. Eligible lists may be extended, by the Personnel Officer, two (2) times for an additional six (6) month period each time, for a maximum period of eighteen (18) months.
Section 6.10: No Eligibility List – Certification of Temporary/Provisional Appointment When no certification can be made for a vacancy, the Personnel Officer may recommend the name of a qualified candidate who meets the minimum qualifications of the position for either a temporary or provisional appointment.
Section 6.11: Temporary Appointment
In the event special legislation, federal employment programs, or locally designed employment programs are created necessitating the employment of persons outside the normal competitive merit system, such persons shall be hired in a temporary status not to exceed twelve months.
Temporary appointments can only be extended for a period of time specified by the Personnel Officer at the time of employment, or by definition of the program under which the temporary appointment has been made.
Section 6.12: Provisional Appointment
In the absence of an eligibility list for a regular position, a provisional appointment may be made for a period of six months, by which time an eligibility list shall be established. A provisional appointment may be extended one time, for an additional thirty days with the approval of the Personnel Officer.
Section 6.13: Certification of Less Than Three Names
When less than three names are available from appropriate eligibility lists, the Personnel Officer may offer the available names to the appointing authority for review. If, after review, the appointing authority so chooses, they may accept the available names as a valid certification. The review of two or less available names does not deny the appointing authority the right to a full-three-name certification.
Section 6.14: Emergency Appointments
Certain employees designated by the Personnel Officer may make emergency appointments in order to meet the immediate requirements of an emergency such as an extraordinary fire, flood or earthquake which threatens public life or property. All emergency appointments shall be reported to the Personnel Officer as soon as possible. The personnel rules affecting appointments and employment do not apply when such emergency conditions occur.
Section 6.15: Employment of Relatives
Please see the City’s Nepotism and Fraternization policy found in Section 9.10 of this Handbook.
Section 6.16: Authorization to Work
The City complies with the requirements of federal law and employs only applicants who are lawfully authorized to work in the United States.
Section 6.17: Pre-Employment Physical Examinations
Candidates who have received an offer of employment may be required to undergo a physical examination prior to reporting to work. A medical doctor who is selected by and paid for by the City shall perform the examination.
Section 6.18: Reference/Background Investigation
The City may verify prior employment and conduct reference checks on applicants. Candidates may also be subject to a background check which may include a credit review (if applicable to the position for which they applied), personal history, education, professional credential, military record, Department of Motor Vehicle record and criminal records. An employee under consideration for promotion may also be subject to a background check.
A written authorization will be obtained before a background check is conducted. Final offers of employment or promotion may be delayed until the City has completed this investigation process. [Note: A complete policy on conducting criminal background checks and securing received criminal history information is in Appendix A and is available by contacting delegated Human Resources Staff.] CHAPTER 7: INTRODUCTORY PERIOD
Section 7.1: Introductory Period for New Hires
For an At-Will employee assigned to a position other than part-time, an introductory period, regarded as a period of observation to closely observe the work performance, progress, and adjustment of the new employee, is required. During this period, benefits for newly hired employees apply only to the extent outlined, in these rules, for introductory employees. Promoted At-Will employees retain the level of benefits that they were eligible for before the promotion.
Section 7.2: Appointment Following Introductory Period
All initial and promotional appointments shall be subject to an introductory period of six (6) months. After successful completion of the introductory period, the employee shall continue with their employment with the City, with no inferences of ‘permanent’ employment status being provided to the at-will employee. All benefits shall apply as outlined in these rules for employment status.
If the employee’s performance during the initial introductory period is marginal and the City needs more time to adequately assess the employee’s suitability for the job, the Personnel Officer may extend the period up to a maximum of six (6) months if more time is needed to adequately assess the employee's suitability for the job.
Written notice should be given to the employee indicating status at the end of each period.
Section 7.3: Introductory Period Following Promotion
To ensure a promoted employee is able to satisfy the requirements of the at-will position for which they were promoted, the first six (6) months in the new position shall be considered the minimum introductory period. This introductory period is required as part of the testing process and shall be utilized for closely observing the employee’s work. The City shall provide the employee with at least one (1) performance evaluation during their introductory period. After successful completion of the introductory period, the employee shall continue with their employment with the City, with no inferences of ‘permanent’ employment status being provided to the at-will employee.
If an employee’s performance during the introductory period is marginal and the City needs more time to adequately assess the employee’s suitability for the job, the Personnel Officer may extend the introductory period for a maximum of six (6) additional months.
Section 7.4: Rejections During Introductory Period
An introductory employee may have their employment terminated at any time without cause, without notice, and without right of appeal during the introductory period.
Section 7.5: Effect of Leaves on Introductory Period
The granting of any approved leave of absence during the introductory period shall result in an extension of the introductory period for the same amount of time as the length of the leave.
Section 7.6: Part-time Employees
These employees serve at-will and employment may be terminated without cause. There is no introductory period for part-time employees.
CHAPTER 8: CHANGES IN EMPLOYMENT STATUS
Section 8.1: Promotion
Promotion to a position with a higher pay range shall be based on qualifications and merit only. Whenever possible and insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be filled by promotion utilizing section 6.4 above.
If, in the opinion of the Personnel Officer, a vacancy in the position could be filled better by an open competitive examination instead of a closed promotional examination, arrangements shall be made for an open competitive examination and for the preparation and certification of an eligible list.
Section 8.2: Rejection Following Introductory Period
Regular employees rejected during or at the conclusion of a promotional appointment introductory period shall be reinstated to the position from which they were promoted, if it was a regular, non-at-will position, or to as similar a position as possible, unless circumstances, including unavailability of an open position, warrant demotion or dismissal.
Section 8.3: Flexible Staffing
Certain pairs of specified positions in the City have similar job duties and are designated level one and level two depending upon level of autonomy, certification, experience, or any combination thereof. The City reserves the right to conduct an open recruitment to fill a vacancy in a second-level position or to fill the vacancy by advancement of a qualified employee from the first level position. Advancement will be based on merit; e.g. exceptional job performance and, if applicable, receipt of professional registration. The advanced employee's anniversary review date will be determined by the date the employee completes the required probationary period for their current position. The amount of actual salary increase will be based solely on merit as determined by the evaluation.
Section 8.4: Reductions in Force (Layoffs)
The level of City services provided may be reduced or other changes to City services may be required for reasons of economy or efficiency. In such an event, it may be necessary to terminate employment or reduce the hours of one or more City employees.
Whenever, in the judgment of the City Council, it becomes necessary for reasons specified above, to abolish any position, the employee holding such position may be laid off without disciplinary action or the right to grievance or appeal. The City’s decision to reduce its work force is a management right; thus no due process rights under the Grievance Procedure of this Comprehensive Personnel Policy handbook exist, and the decision is not subject to the meet and confer requirements.
The Personnel Officer shall make reasonable efforts to give primary consideration to (a) business necessity and (b) seniority, competence, and job performance whenever reductions in force are necessary. Employees shall be given at least fourteen (14) days notice of any proposed reduction in force, except where necessary to protect the public and carry out the City’s mission.
Section 8.5: Transfers or demotions to avoid layoff
Any employee who is laid off will not necessarily move to a lower related classification or a similar position in another department or division unless there is a vacancy. Every effort shall be made to place affected employees in other City positions when job performance warrants such action.
Section 8.6: Re-Employment Lists
Names of all regular employees whose positions have been terminated due to a reduction in force shall be placed on a re-employment list for two (2) years.
Section 8.7: Re-Employment
When a vacancy occurs in a class from which employees were laid off, the qualifying employees on the reemployment list shall be notified of the vacancy prior to announcing the recruitment and shall be offered the opportunity to apply for the position. In such an event, the Personnel Officer shall consider the name(s) on the re-employment list prior to considering other candidates. The City retains the right not to appoint former employees.
The procedures regarding layoff negotiated by the City and a union that are memorialized in a MOU will prevail for any employee represented by a union.
Section 8.8: Placement After On-the-Job Disability
The City will make a reasonable attempt, in accordance with federal and state law, to place employees in positions for which they qualify when they become disabled by an on-the-job injury or illness.
Section 8.9: Demotion
The appointing power may demote an employee whose ability to perform the required duties falls below standard or for disciplinary purposes. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications.
Section 8.10: Suspension
It is important to note that At-Will employees do not have to be provided with the following. They may be immediately separated from their employment if, in the opinion of the City, the employee should no longer be employed.
The Personnel Officer may suspend an employee from their position at any time for the good of the City, for a disciplinary purpose, or for other just cause. Suspension without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than a total of thirty calendar days in any fiscal year.
Departments heads that wish to suspend a subordinate employee must confer with delegated Human Resources Staff prior. Suspensions shall be reported immediately to the Personnel Officer. At-Will employees do not have appeal rights for suspension for disciplinary reasons.
Section 8.11: Resignation
An employee who intends to leave their position with the City should file a written resignation notice at least ten (10) working days before leaving. The notice should state the effective date and reasons for leaving and should be submitted to the department head, to be forwarded to delegated Human Resources Staff and the Personnel Officer, as necessary, for processing and filing. Employees shall turn in any keys, identification cards, equipment, and any other City-owned property to the department head or delegated Human Resources Staff prior to their last day of employment with the City.
Section 8.12: Retirement
An employee planning to retire from the City shall provide a written notice to the department head, to be forwarded to the Personnel Officer for processing and filing, at least sixty (60) calendar days prior to the effective date of retirement.
Section 8.13: Rescinding Notices
Notice of resignation or retirement is final when given and may not be rescinded without the consent of the Personnel Officer. Said consent may be withheld with or without cause.
Section 8.14: Re-Hire
Notice of resignation or retirement is final when given and may not be rescinded without the consent of the Personnel Officer. Said consent may be withheld with or without cause.
At-will employees re-hired into the same classification within one year of separation from City service shall be appointed at the salary step they attained at the time of separation. Such re-hired at-will employees may be reappointed to the same classification from which they separated without being required to participate in a competitive recruitment process.
Re-hire after one year of separation from City service may result in appointment at Step A of the classification unless appointment to a higher step is approved by the appropriate Department Director. Such re-hired at-will employees shall be required to participate in a competitive recruitment process to be rehired.
Section 8.15: Continuation of Health Benefits
For information on continuation of health benefits, please refer to Section 15.8 “COBRA” herein.
Section 8.16: References
Responses to requests for references by potential new employers and credit agencies will be given only on the prior written authorization of the employee. Job references will provide the date of hire and positions held but nothing else without the specific written consent of the employee.
Section 8.17: Fitness for Duty
If at any time the supervisor, department head or Personnel Officer believes an employee is unable to perform assigned duties in a safe and efficient manner, the employee may be required to undergo a Fitness for Duty Examination. The purpose of the examination is to determine the employee’s physical or psychological ability to meet the position requirements. A medical doctor selected and paid for by the City shall perform the examination. The doctor’s report shall be the basis for determining whether continued employment or any change of duties is warranted.
CHAPTER 9: RULES OF CONDUCT
The purpose of the policy statements and procedures in this Section is to provide a workplace, which promotes both employee safety and satisfaction and the competent and efficient delivery of services to the citizens of La Puente and other members of the public. Any employee who violates any of the provisions of this Chapter shall be subject to discipline, up to and including termination.
Section 9.1: Dress Code and Personal Grooming Standards All employees are a representative of the City in the eyes of the public and are expected to have a professional, well-groomed presence while working in any City property, building and/or when representing the City at external events. Employees must wear clothing, jewelry and footwear that provides a safe work environment and is professional in appearance. Employees should check with their supervisor to confirm attire expectations particularly when at work and/or externally representing the City. Employees have a right to dress consistent with their gender identity.
Section 9.2: ID/Name Badges To Be Worn at All Times
Employees are required to wear their official City ID badges that identifies themselves as staff members at all times during work hours.
Section 9.3: Personal Cleanliness and Fragrance-Free Expectations All employees are expected to maintain their personal hygiene and report to work clean and tidy. Employees are required to refrain from using heavily scented personal products, air fresheners, room deodorizers, scented cleaning compounds or similar products in any public or staff-only locations. When supervisors and/or City management have been made aware of chemical and/or fragrance sensitivities or lack of personal hygiene, on the part of patrons and/or employees, the identified employee will be communicated with regarding the situation and requested to take immediate corrective action, if corrective action is possible to address the problem that is causing distress to others.
No employees, even if they have a “medical marijuana” prescription from a California medical provider, are to appear at work as if they are under its influence, nor can employees report to work smelling of marijuana.
Section 9.4: Employees Who Are Non-Compliant with Dress Code Expectations Employees who report to work inappropriately dressed or demonstrating poor hygiene or grooming will be asked to clock out and return to work acceptably groomed and/or wearing acceptable attire. If an employee continues to be non-compliant with the City’s Dress Code, they will be counseled, and as appropriate, disciplined up to and including termination from City employment.
Section 9.5: Information Technology (IT) Policy
This policy establishes the proper use of City-owned computer hardware, computer software, electronic mail, and Internet browsers; and telecommunications equipment (telephones, voice mails, cellular telephones, radios, etc.); and to set forth the procedures to be followed for the approval and use of all computer systems and tools and telecommunication devices by City employees as they conduct City business. This policy protects the City during litigation, government investigation or audit; promotes increased efficiency; and reduces cost.
A. Application
This policy shall apply to all City elected officials, appointed officials, employees and consultants or other non-employees utilizing computer systems and tools and telecommunication devices belonging to the City, as well as to those who use provided access to the Internet and/or E-mail, regardless of the user’s location when accessing the network.
B. Definitions
1. Computer systems and portable laptops
All hardware, software, and tools owned by the City and available for official use by City employees including, but not limited to, electronic mail and systems such as the Internet. City computing resources are made available to individuals to assist in the pursuit of organizational goals.
2. Electronic mail messages (e-mail)
Documents, letters, or correspondences created or received using an e-mail software application.
Internet e-mail messages are sent to and received from people outside the City organization who use the Internet as the medium of communication. Local e-mail messages are sent to and received from City employees and use the City's network as the medium of communication. E-mail messages can also contain attachments such as documents, graphics, text files, and various other file types.
3. Listservs
A "listserv" is a software program that automatically distributes copies of a single e-mail message to all the list subscribers on an electronic "mailing list". Each listserv targets pre-determined topics and discussions. Those people subscribed to a particular listserv are expected to have a common interest that is served by the mailing list.
4. Internet (World Wide Web)
The Internet is a global network of connected machines, software programs, and massive quantity of information. Internet browsers are software packages used to access and navigate the Internet.
5. Telecommunication Devices
All telephones, cellular telephones, radios, and other equipment used to communicate with City elected officials, appointed officials, employees, consultants, residents and other members of the public while conducting City business.
C. Computer Hardware and Software Usage
1. City computer resources must be used for City-related activities and not for personal business.
2. The City's computer systems require that each user have a unique identity, referred to as a "UserID," protected by a "password," to gain access to the system.
3. All software, data, reports, messages and other products that are created by using the City's computer resources are the property of the City.
4. Computers or terminals shall not be left unattended in a state, which affords inappropriate access to records of the City, or otherwise compromises security.
5. All employees share in the responsibility to protect City computer resources from physical and environmental damage and are responsible for the correct operation and maintenance of those computers.
D. Prohibited Uses of Computer Systems and Tools
Include, but are not limited to, the following:
1. Illegal activities
2. Threats
3. Harassment
4. Slander and defamation
5. Obscene or suggestive messages or offensive graphical images
6. Political activity and endorsements
7. Commercial activity
8. Using non-business software including games or entertainment software
9. Using City computer resources to seek out information on, obtain copies of, modify, or divulge files, reports, and other data, which is private, confidential, or not open to public inspection
10. Seeking passwords of others or the unauthorized exchange of passwords
11. Intentionally representing oneself electronically as another, either on the City network or on the Internet or other on-line services unless explicitly authorized to do so by those other users
12. Developing programs designed to harass other users or to infiltrate a computer or computing system and/or damage or alter components of same
13. Using City computer resources for fundraising or public relations activities not specifically related to City activities
14. Using City computing resources for purposes other than those intended by the Department authorizing access, including allowing access by unauthorized persons, even if they are members of City Staff, elected officials or community members
15. Making statements of personal opinion, which may be misinterpreted as official City policy
16. Using City computing resources for personal use or non-City related business Users should remember that they represent the City when using e-mail, the Internet and other online services provided by the City.
The following uses of computer resources and tools are unauthorized unless written approval is received from the employee's supervisor, department head or delegated Human Resources Staff:
1. Using hardware, related computer equipment and software not purchased, licensed and/or. owned by the City. Copyrights and licenses must be observed. Any software obtained from a source other than the City’s IT Department must be scanned for viruses prior to use.
2. Reading electronic mail of another employee without prior written approval of the employee's Department head or a management executive. All supervisors may inspect the contents of their employees' electronic mail without prior authorization or advance notice.
3. Using any City software or system to conduct non-City business or for personal purposes, except as set forth herein.
Section 9.6: E-Mail Policy
Employees shall use the e-mail system for official business only. Such use may include work-related social events such as lunches, birthdays, and retirement parties. Personal use of the City's e-mail system, while not prohibited, should be kept to a minimum and limited to emergencies and other urgent matters. Abuse of this privilege can result in appropriate disciplinary action being taken.
All e-mail messages are considered City records. The City reserves the right to monitor, review, and audit all city equipment and matters sent over and/or stored in the system to ensure their use complies with relevant law and City policies. Internet websites visited and downloaded information are not confidential and can be reviewed by City management, any time without advance notice.
E-mail communications are not confidential and are subject to review by City management and may be subject to disclosure to the public. E-mail communications may be subpoenaed or requested under the Public Records Act and/or may be used as evidence in court or as part of an investigation.
Each department head has the right to ask for, receive and maintain a list of all employees' passwords within the department. The password list shall be maintained in a confidential manner by the department head.
Each department head has the right to inspect all e-mail and files of the department's employees to correct service problems, ensure system security, retrieve records and/or transition work when responsible personnel are unavailable, and for other legitimate business reasons.
A. Listservs
Users may subscribe, when necessary, to interest group lists through their personal work account, if the listserv is directly related to their line of work and City goals and is approved by the user's supervisor.
All material posted on listservs by City employees using' City accounts are governed by this Internet policy. In addition, when posting to listservs, authors will avoid the impression that the user is representing the official view of the City. A supervisor has the right to remove an employee from a listserv if the supervisor feels the listserv is not work related or is interfering with the subscriber's work.
B. Prohibited Use of E-Mail/Instant Messaging Platform
Messages that disrupt or threaten to disrupt the efficient operation of City business or administration are prohibited. Messages prohibited in this section include, but are not limited to:
1. Messages that constitute or counsel insubordination.
2. Messages that may harm close working relationships. This includes creating or transmitting any false statement, which tends to cause injury to one's reputation.
3. Messages that may take employees away from their assigned tasks.
4. Messages that harm the integrity of the system or network.
Messages that violate law, violate individual rights, create potential liability for the City or violate public policy are prohibited. These prohibited messages include, but are not limited to:
1. Messages that are pornographic or obscene.
2. Messages in conflict with the City's Prevention of Harassment, Discrimination, and Retaliation Policy or any other policy prohibiting discrimination, including harassment, on the basis of race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, medical condition, veteran status, marital status, sexual orientation or any other status protected by local, state or federal law.
3. Threats that implicate personal safety.
4. E-mail shall not be used to solicit or proselytize others for non-job related commercial ventures, religious or political causes, outside organizations or other non-job related activities.
C. E-mail and Messaging Etiquette and Use:
1. Remember you are representing the City through your communications both internally and externally, and it is critical that you maintain a positive image for both yourself and the City.
2. Be certain that your message is addressed to the proper person. Be sure you check the list of persons being e-mailed when you choose the REPLY ALL function. E-mail should not be used for broadcast purposes unless message is of interest to all users.
3. Capitalize words only to emphasize an important point or to distinguish a title or heading.
Capitalizing whole words that are not titles is generally interpreted as shouting.
4. Be professional and careful of what you say about others. E-mail is easily forwarded and blind copied.
5. Be cautious when using sarcasm and humor. Without face-to-face communication, humor may be viewed as criticism. By the same token, also carefully read what others write. The perceived tone may easily be misinterpreted.
6. Some e-mail messages, especially those written in "the heat of the moment," are best unsent. Think twice before sending angry or sarcastic messages or using e-mail to let off steam.
D. Maintenance of Accounts:
E-mail generates correspondence and other documentation, which may be recognized as official City records in need of protection/retention in accordance with the California Public Records Act. If an email message, including any attachments thereto, can be considered an official City record, as defined by the City Clerk, such e-mails should be printed as a hard copy and filed in accordance with the City's records retention policy. It is the responsibility of individual employees and their department heads to determine if email is an official record. Generally, the sender of the e-mail should be the person responsible for printing and filing it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project.
Section 9.7: Internet Policy
Employees should be aware that the Internet is not censored and contains information some users may find offensive. The City cannot accept responsibility for what the user accesses while connected to the Internet.
Users may not download information from the Internet without authorization from the system administrator.
Moreover, if information is downloaded, the disk containing the download must be scanned by Virus Scan.
Staff should be aware that many of the items found on the Internet are copyrighted or under license agreements. Violation of contract rules, such as reproducing copyrighted materials or downloading copyrighted software, is illegal.
Users should be made aware that an accumulated list of websites is created while the user is online. This list will contain all sites the user has visited and may be monitored by departmental supervisors or the network administrators. Users should be made aware of Network Etiquette (Netiquette). Anything put up on the web is openly available for anyone in the world to see. Make sure the information is appropriate, representative, and informative.
A. Internet Access
Internet access shall be used for official business. Employees' access to the Internet for personal use is prohibited during office hours. Employees' use of City computers, hardware, software, internet, or email during off hours and/or lunch breaks must first be approved by the employee's supervisor and for purposes that will not violate City policy. Abuse of this privilege can result in appropriate disciplinary action being taken. City-related business activities may include:
1. Communication and exchange for professional development, to obtain training or education, or to discuss issues related to the user's governmental activities.
2. Applying for or administering grants or contracts for City programs.
3. Searching for advisory, standards, research, analysis, and professional society activities related to governmental tasks and duties.
4. Announcement and/or tracking of new laws, procedures, policies, rules, services, programs, information, or activities.
Time is to be limited on the Internet to that necessary to conduct City-related business. City management reserves the right to occasionally monitor Internet transactions.
B. Prohibited use of the Internet
Includes, but is not limited to, the following:
1. Use that violates the law.
2. Use for any for-profit activities unless specific to the mission or duties of the user's department.
3. Use for purposes not directly related to the mission or work tasks of the user's department.
4. Sending or soliciting sexually oriented messages or images.
5. Making libelous, offensive, or harassing statements, including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs.
6. Accessing or distributing computer games.
7. Interfering with or disrupting network users, services, or equipment
8. Personal use without prior consent of the employee's supervisor or department head.
Section 9.8: Telecommunications Policy
Employees are to make appropriate use of telecommunications equipment (telephones, voice mail, cellular telephones, radio, etc.) for operational efficiency and emergency response.
Telecommunications equipment is provided for official City business and personal use should not interfere with business, take excessive time, or result in additional cost to the City.
Employees are responsible for maintaining adequate physical protection of all telecommunications equipment issued to them by the City. Employees shall notify the Personnel Officer’s office immediately if any City owned telecommunications equipment is damaged, lost or stolen.
Employees should make every effort to avoid using City telecommunications equipment for personal calls.
However, the City recognizes that the need may arise from time-to-time for urgent personal business.
Any equipment purchased by the City is owned by the City and should be returned to the City when the employee separates from service or when the need for such equipment no longer exists.
The City retains the right to audit/review all communications bills. Employees who are issued City cellular phones and/or wireless devices understand that there is no expectation of privacy when using City provided cellular phones and/or wireless devices. The City has the right to review all records related to cellular and/or wireless devices including but not limited to phone logs, text messages, and internet usage logs. Users should further be aware that all records are subject to discovery under the Public Records Act.
A. Prohibited Uses of Telecommunications Equipment
Includes, but is not limited to, the following:
1. Calls or voice mails that disrupt or threaten to disrupt the efficient operation of City’s business or administration are prohibited. Calls and Messages prohibited in this section include, but are not limited to:
a. Calls or messages that constitute or counsel insubordination. b. Calls or messages that may harm close working relationships. This includes transmitting any false statement, which tends to cause injury to one’s reputation.
2. Calls or messages that violate law, violate individual rights, create potential liability for the City or violate FCC regulations are prohibited. These prohibited uses include, but are not limited to:
a. Calls or messages that are obscene.
b. Calls in conflict with the City’s Harassment, Discrimination, and Retaliation Policy or any other policy prohibiting discrimination, including use for any type of harassment or threats that implicate personal safety.
3. Telecommunications equipment shall not be used to solicit or proselytize others for non-job related commercial ventures, religious or political causes, outside organizations or other non-job related activities.
B. Penalties For Misuse of Telecommunications Equipment, Computer Systems and Tools
1. Failure on the part of any employee to comply with the provisions of this policy shall subject the employee to disciplinary action. Further, failure to comply with any provision of this policy may result in suspension or revocation of the privilege of using the Internet and/or using or accessing email.
2. Failure on the part of any appointed official to comply with the provisions of this policy will constitute grounds for the City Council to deny the official access to the Internet and/or e-mail system.
3. Failure on the part of any contractor or consultant to comply with the provisions of this policy will constitute grounds for termination of their contract with the City.
4. Misuse or abuse of telecommunications equipment may result in disciplinary action resulting in (1) the reimbursement by the user to the City of additional costs; (2) the loss of the use of telecommunications equipment; and/or (3) disciplinary action up to and including termination.
Section 9.9: Personal Cellular and/or Wireless Devices
Excessive use of cellular/wireless devices during the work day, regardless of the phone or device used, can interfere with employee productivity and be distracting to others. During paid work time, employees are expected to exercise the same discretion in using personal cellular/wireless devices as is expected for the use of any City telephone or computer. Cellular phones may not be used at any work site where the operation of the phone is or may be a distraction to the public or other employees.
A. Telephone Calls/Text Messaging
A reasonable standard the City encourages is to limit personal calls during work time to an average of no more than two or three short-duration calls per day as needed. Employees are expected to make personal calls during non-work time when possible and to ensure that friends and family members are aware of the City’s policy. Flexibility will be provided in circumstances demanding immediate personal phone use, but this immediate need should be communicated to an employee’s supervisor.
B. Prohibited Activities
In order to ensure a productive workday, the following use of a personal cellular/wireless device are prohibited during working hours:
1. Accessing the internet for non-work-related purposes.
2. Playing games.
3. Watching movies, television, sports, etc.
4. Any activity that violates City policy, including accessing and/or distributing pornographic or harassing material.
Section 9.10: Social Media Policy
This policy establishes City-wide guidelines, protocols, and procedures for the use by City staff of thirdparty platforms commonly known as social media sites, channels, and technology. The City regards social media and any official online and Internet presence as a means of augmenting and enhancing traditional communication methods and to engage, convey information to, and communicate with members of the public in order to meet City missions and goals. This policy applies to all City employees, officials, volunteers, consultants, and contractors acting in an official capacity and when communicating with the public on behalf of the City.
The City intends for its use of any social media site to relate solely to matters of the City business and does not, in any way, intend to nor actually create general public forums. Nothing in this policy shall be applied to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor laws or other applicable laws.
A. Definitions
For the purpose of this Policy, the following definitions apply:
1. Social Media Sites
Platforms used by individuals to create publicly viewable content, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media sites include, but are not limited to, Facebook, Twitter, YouTube, Flickr, Linkedln, Nextdoor, Snapchat, Pinterest, RSS, Blogs, Delicious lnstagram, and any other related internet-based platforms that are implemented following the publication of this policy.
2. City Social Media Sites
Social media sites which the City establishes and maintains and over which the City has control over all postings, except for advertisements or hyperlinks by the social media site's owners, vendors or partners. City social media sites shall supplement, and not replace, the City's required notices and standard methods of communication.
3. Social Media Administrator
An authorized City official or employee who creates, manages and is responsible for articles, messages and information on social media sites. The Social Media Administrator reviews, authorizes and allows content submitted by public commentators to be posted to City social media sites.
4. Posts/Postings
Information, announcements, articles, pictures, videos, or any other form of communication posted on a City social media site.
B. General Policy
1. The City website at http://www.lapuente.org will remain the City's primary and predominant Internet presence.
2. Use of City social media sites by officers and/or employees of the City shall be managed consistent with the Brown Act. Members of the City Council, Commissions and/or Boards shall take caution in responding to any published posting or using the City's social media sites or any other form of electronic communication to respond to, blog, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the City Council/Commission/Board because such response may create a meeting in violation of the Brown Act.
3. City social media sites shall be used to communicate City missions and messages where there is a legitimate business purpose to do so. Wherever possible, City social media sites should link back to the official City website for forms, documents, online services, and other information necessary to conduct business with the City.
4. The City's Social Media Administrator shall monitor content on City social media sites to ensure adherence to both this policy and the interest and goals of the City.
5. The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Any content removed based on these guidelines shall be retained by the City for a reasonable period of time, including the time, date and identity of the poster, when available, as determined by the Personnel Officer in consultation with the City Attorney.
6. Whenever possible, users and visitors to City social media sites shall be notified by the following message appearing on the City social media site or by a hyperlink directing a user to the same regarding comments posted by the public: "A comment posted by a member of the public on this page is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City, nor do such comments necessarily reflect the opinions or policies of the City."
7. Each social media site maintains a "Terms of Use" agreement. All comments posted to any City social media site are bound by these Terms of Use and the City reserves the right to report any user in violation thereof.
8. All City social media sites shall adhere to applicable federal, state and local laws, rules, regulations and policies.
9. Comments on topics or issues not within the subject matter jurisdiction of the City may be removed.
10. Employees representing the City government via City social media sites shall conduct themselves at all times as a professional representative of the City and in accordance with all City policies.
11. All City social media sites shall utilize authorized City contact information for account set-up, monitoring and access. The use of personal email accounts or phone numbers by any City employee is not allowed for the purpose of setting up, monitoring or accessing a City social media site.
12. City social media sites may contain content, including but not limit to, advertisements, or hyperlinks over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City social media sites by the social media site's owners, vendors or partners.
13. The failure to comply with this and other applicable policies of the City will be reviewed on a caseby-case basis and may result in disciplinary action.
14. The City reserves the right to change, modify or amend this Police at any time.
C. Terms Of Use
As a public agency, the City abides by certain standards to serve all constituents in a civil and unbiased manner. Comments or content containing any of the following inappropriate form of content are not permitted and are subject to removal and/or restriction by the City:
1. Profane language or content
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state or local laws.
3. Sexual content or links to sexual content
4. Content that includes unlawful harassment or threats of violence
5. Comments that are not topically related or out of context
6. Solicitations of commerce
7. Conduct or encouragement of illegal activity
8. Information that may tend to compromise the safety or security of the public or public systems
9. Content that violates a legal ownership interest of any other party
10. Content that defames any person, group, or organization
11. Disclosure of any proprietary, confidential, or privileged information The content of City social media sites shall only pertain to City-sponsored or City-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.
The City shall have full permission or rights to any content posted by the City, including photographs and videos.
Postings shall be made during normal business hours. After-hours or weekend postings shall only be made with the approval of the City's Social Media Administrator or their designee.
Any employee authorized to post items on any of the City's social media sites shall review, be familiar with, and comply with the social media site's use policies and terms and conditions.
Any employee authorized to post items on any of the City's social media sites shall not express their own personal views or concerns through such postings. Instead, postings on any of the City's social media sites by an authorized City employee shall only reflect the views of the City.
Postings shall contain information that is freely available to the public and not be confidential as defined by any City policy or state or federal law.
Postings shall not contain any personal information, except for the names of employees whose job duties include being available for contact by the public.
Any unofficial or non-authorized content and all content posted by a member of the public on the City's social media site are the opinions of the person making the post. Appearance of content on the City's social media sites does not necessarily imply endorsement of, nor agreement by, the City, nor does such content necessarily reflect the opinions or policies of the City.
The City reserves the right to deny access to City social media sites for any individual who violates this policy, at any time and without prior notice.
For any social media site approved by City, City may develop additional usage or other standards to optimize City's use of such third-party site.
Any content posted on a social media site may also be subject to third-party, site-specific rules or policies.
The City reserves the right to report any such violations of a third-party site's rules or policies. The City also reserves the right to report any posts to law enforcement.
D. Reporting/Removal Of Unauthorized Comments
The City requires the Social Media Administrators immediately notify the Personnel Officer if there is any posted material that may be inappropriate, that violates this policy, or any City policy, is illegal, or that potentially infringes the copyrights or other rights of any persons. The Personnel Officer shall investigate and respond to all reports of potential violations of this policy.
Any content removed based on these guidelines must be retained by the City for a reasonable period of time, including the time, date and identity of the poster, when available. Upon removal of content, the Social Media Administrator shall notify the commenter that their response has been deemed inappropriate and removed due to inconsistency with the City's content requirements.
The City reserves the right, at any time and without prior notice, to deny access to the social media site to any individual who violates this policy.
E. City's Rights To Posted Information
Images, text, video, audio files, and other content are subject to the Copyright Law of the United States of America and related codes, policies, and directives. The City may repost or disseminate such messages, images and information as it deems appropriate.
1. Public Records
The City is subject to the California Public Records Act, Government Code § 6250 et seq. All websites and social media sites shall clearly indicate that any article and any content posted or submitted for posting are potentially subject to public disclosure as required by law.
Due to the temporary and transitory nature of postings and comments on social media sites, social media postings and comments are not retained as public records unless printed, filed or otherwise saved by the City and in that event shall be retained pursuant to the City's Records Retention Schedules.
2. Privacy
All users of the City's social media sites are subject to the site's own privacy policy. The City has no control over a third party's privacy policy or their modifications to it. To protect your own privacy and the privacy of others, please do not include personal information, such as your Social Security number, phone numbers or email addresses in your comment.
3. Disclaimer
The following disclaimer shall be posted on the City social media sites' primary page or by a hyperlink directing a user to the same wherever possible:
"The City does not guarantee that any information posted by members of the public, or employees who are not designated as content providers is correct and it assumes no liability for any inaccuracies, loss or damage resulting from reliance on any such information posted on any external website by any unauthorized person(s). Furthermore, the City does not guarantee that the social media sites will be uninterrupted, permanent or error-free.
The intended purpose of this page is to serve as a mechanism for communication between the City and members of the public. However, this page is not the primary method of communication with the City, and any notices, requests for City services or public records requests must be made via official communication methods identified on the City's website, or by traditional methods of notification recognized by the City, and no comments or posts on this page will be construed as providing notice to the City of any claim, deficiency, dangerous condition, request, or otherwise.
Any comments or other content posted or submitted to this page for posting, as well as personal identifying information for the page's users and visitors, and its list of fans, may be public records subject to disclosure pursuant to the California Public Records Act (Cal. Gov. Code § 6250 et seq.)."
In addition to the above statement, the City social media sites' primary page shall also contain contact information for the City and a hyperlink to the City website providing addresses, names, phone numbers, fax numbers, and email addresses of applicable department listings or City staff and methods of making official requests for maintenance or services and notice of the condition of City property or other similar requests.
Section 9.11: Nepotism and Fraternization Policy
The purpose of this policy is to establish the nepotism and fraternization policy for the City. This policy is intended to avoid conflicts of interest between work-related and personal/family obligations; reduce favoritism or the appearance of favoritism; prevent personal/family conflicts from affecting the workplace; and decrease the likelihood of sexual harassment and/or gender discrimination in the workplace.
A. Definitions
The following definitions apply to each section of this policy.
1. A "romantic and/or sexual relationship"
Exists when two City employees become personally involved with each other to the point that there is dating, exchange of personal affection, sexual or physical intimacy and/or cohabitation.
2. The term "dating"
Includes but is not limited to one or more social meetings under circumstances that may lead to exchange of personal affection, and sexual or physical intimacy.
3. "Cohabitation"
Applies to those employees who live together, share room and board or sire children, without being married to one another.
4. "A social meeting"
Occurs when co-employees gather for purposes not related to work for the City.
5. A "significant other"
A relationship between an employee of the City and another individual as defined herein in (1), (2), and/or (3) and elsewhere in the policy.
6. A “relative”
An immediate family member of a city officer or regular or at-will employee. Immediate family members are those by blood or marriage within the third degree. This includes parents, siblings, children, grandchildren, grandparents, uncles/aunts, nieces/nephews, first cousins, great grandparents, and great grandchildren, as well as the spouses, spousal equivalents, or domestic partners of each and any “step” relations.
7. “Employees”
Any person who receives a City payroll check for services, full or part time, rendered to the City.
8. Department(s) is defined as:
Administration
City Manager’s Office
Administrative Services
City Clerk
Information Technology
Accounting and Finance
Development Services Department
Planning Division
Park Maintenance
Building and Safety Division
Engineering Division
Code Enforcement
Community Services
Recreation Division
Youth Learning Activity Center
Senior Center
B. Fraternization
1. Romantic Relationships Between Supervisors and Subordinate Employees Are Prohibited Public trust, safety and City morale require that employees avoid the appearance of a conflict between their professional responsibilities and any involvement that they may have in a romantic or sexual relationship with other City employees. In order to promote efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible claims of sexual harassment and/or gender based discrimination, romantic and/or sexual relations between supervisors and subordinate employees are prohibited.
2. Romantic Relationships Between Co-Employees in The Same Department Are Prohibited Public trust, safety and City morale require that employees avoid relations, which may negatively impact the efficient operation of the City. In order to promote efficient operation of the City and to avoid formation of cliques and factions, claims of sexual harassment and gender based discrimination, and the blurring of professional and personal responsibilities and relationships in the workplace, romantic and/or sexual relationships between co-employees in the same Department are prohibited.
3. Enforcement
The City reserves the right to investigate situations in the workplace to determine whether a romantic and/or sexual relationship exists and therefore presents a possible violation of this Policy.
If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy. a. The City retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest. b. In order to implement such policies, and where the above circumstances exist and mandate that employees shall not work in a prohibited relationship, the City will attempt to transfer one party to the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position.
Although the wishes of the involved parties as to which individual will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied.
c. In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City department subject to approval by the Department Director and the Personnel Officer or their designee. However, any such continuing employment is predicated upon both subject employees not reporting to the same immediate supervisor; not being supervised by each other; not working the same shift at the same work site; or, otherwise becoming involved in a work environment having the potential for adverse impact on supervision, safety, security or morale.
d. If continuing employment of employees in a relationship prohibited by this Policy cannot be accommodated consistent with the City's interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ. Absent resignation by one affected employee, the less senior, in terms of overall City service, of the involved employees shall be subject to separation. In the event of separation, applicable and governing due process procedures shall be applied.
The provisions of this fraternization policy are not applicable to individuals employed by the City on or before the date of adoption of this policy in their current state of marriage or non-marriage.
As such, a change in marital status/cohabitation, etc. of any current employee, will result in the applicability of this policy. Furthermore, those employees are subject to any and all employmentrelated actions by the City, that are permissible pursuant to existing City policies and procedures to address conduct that is negatively impacting the work environment.
C. Nepotism
Relatives of employees shall not be employed in the same department of such a relative at any time by the City as further proscribed below.
As of the effective date of this Policy, City employees who are related as defined herein shall not be affected in their current job status except when the Personnel Officer or their designee determines that the circumstance of that employment raises an undue hardship upon the other employees within the particular work unit and that such employment is detrimental to the supervision, safety, security and/or morale of the particular work unit.
It is found by the City that a business purpose exists and dictates that a prohibition on employment of relatives within City departments is essential to safety and efficiency when such employment result in any of the following:
1. A supervisor-subordinate relationship;
2. The employees having job duties, which authorize performance of shared duties on the same or related work assignment;
3. Both employees being under the jurisdiction of the same immediate supervisor; or
4. An adverse impact on supervision, safety, security and/or morale.
D. Employment of Relatives of Elected or Appointed Officials To avoid conflicts of interests, members of the immediate family of elected or appointed officials may be appointed to full-time or part-time City employment during the time the elected or appointed officials are in office, provided that the official does not participate in, direct, or attempt to influence the hiring, compensation, promotion, discipline, supervision, or termination of the family member.
Additionally, an immediate family member of an elected or appointed official shall not be placed in a direct supervisory relationship with the official or participate in a City matter in which the official has a direct and substantial financial or personal interest when such participation would create a conflict of interest.
If an immediate family member of a newly elected City council member is an existing City employee, the Personnel Officer will ensure that there is no conflict of interest for the duration of the council member’s term of office.
E. Effect of Post-Employment Marriage or Creation of Other “Relative” Status of City Employees In determining rules and regulations governing the employment of City employees who become related, as defined herein, after commencement of City employ, the City is guided by the principles enunciated in the California Fair Employment and Housing Act (FEHA) which prohibits discrimination on the grounds of marital status. However, FEHA and its Regulations defining the same do authorize restrictions being placed upon married City employees (or upon people deemed related as a result of marriage [i.e., in-laws]) where for business reasons of supervision, safety, security or morale, the employer may refuse to place one spouse or other relative under the direct supervision of another spouse or other relative and refuse to place both spouses or other relatives in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples or other relatives than for other persons. (Cal. Code Reg., tit. 2, Section 7292.5; Government Code Section 12940(a)(3)).
Recognizing the principles stated above, the City determines that "marital status" is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for purpose of this policy. Further, a "spouse" is defined as a partner in marriage.
The City retains the right to refuse to place one spouse or other relative under the direct supervision of the other spouse where there is a potential for creating adverse impact on supervision, safety, security or morale.
The City retains the right to refuse to place both spouses or other relatives in the same department where doing so has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
In order to implement such policies, and where the above circumstances exist and mandate that two spouses or other relatives shall not work in a prohibited relationship, the City will attempt to do any of the following: Attempt to redefine the job responsibilities of the related employees within the Department to minimize the conflict, if the redefinition of job status is not feasible, will attempt to transfer one spouse or other relative to a similar classified position in another City department.
Although the wishes of the involved parties as to which spouse or other relative is to be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, the transfer shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.
In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which a spouse or other relative can be transferred, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the employee with the least employment experience/service with the City may be discharged by the Personnel Officer. Married or other related employees may continue to be employed within the same City department subject to approval by the Department Director and the Personnel Officer or their designee. However, any such continuing employment is predicated upon both spouses, or other similarly situated relative as defined in this Policy not reporting to the same immediate supervisor, not being supervised by each other, not working the same shift at the same work site; or, otherwise becoming involved at a work environment having the potential for adverse impact on supervision, safety, security or morale.
It is the duty of all involved employees that are in a situation prohibited under this policy to immediately notify their supervisor either in person or through the chain of command that a situation exists wherein the involved employee may be in violation of this policy. The City reserves the right to reasonably investigate the situation and determine whether or not the employee has violated this policy.
F. Responsibility Assignments
Department Directors/Division Managers/Supervisors are responsible to ensure that appropriate hiring practices are upheld in their respective Department/Division.
Department Directors/Division Managers/Supervisors are responsible to inform the appropriate management services Staff member of any potential breach of this Policy.
The Human Resources/Administrative Services Director is responsible for coordinating the resolution of any concerns of nepotism/fraternization.
The City Manager is responsible for implementing the policy and adjudication of instances of potential breach of this policy.
Section 9.12: Vehicle Usage Policy
This policy establishes procedures regarding the effective and economical use of City owned and privately owned vehicles operated during the course of City business. Use of City owned vehicles shall be relied upon as the primary means of vehicle usage, as it provides the greatest control over operating costs, usage, maintenance, inspection, and insurance.
The policy provisions apply to all vehicle operators driving in the course of City business. This policy does not apply to commercial motor vehicles.
A. Assignment Of Responsibility
1. Department Directors shall keep a list of all employees who may be required to drive City owned or privately owned vehicles on City business. Department Directors shall be responsible for overseeing the implementation of driver training programs and ensuring that all vehicle operators attend required training. In addition, Department Directors shall work with delegated Human Resources Staff to maintain a current list of employees for each department.
2. Risk Management shall coordinate all required training and maintain related records. Additionally, delegated Human Resources Staff shall ensure that evidence of insurance and driver's license information are maintained in each employee's file. delegated Human Resources Staff shall also receive and record Department of Motor Vehicles Pull Notice reports and notify Department Directors when necessary.
3. Risk Management shall review all accidents to determine whether an accident was preventable or non-preventable, and to make any necessary disciplinary recommendations.
4. The City uses the Department of Motor Vehicles (DMV) Employee Pull Notice (EPN) program to receive prompt and consistent updates to the driving record for each vehicle operator. HR shall receive and record DMV pull notice reports and notify supervisors when necessary.
5. Supervisors shall routinely monitor the driving of each employee during the course of performing the employee's job-related driving responsibilities. In addition, supervisors shall include the review of driving records as part of the employee's periodic evaluation. Supervisors shall also perform necessary accident reporting requirements as stated in Section I of this Vehicle Usage Policy.
6. The Department Director is responsible for the general operation of the City's automobiles assigned to their department, including receiving notification from any employee who reports unsafe conditions or defects in any City owned vehicle. Upon receiving such notification, the Department Director shall determine whether or not the vehicle is unsafe for continued operation.
7. All City employees shall promptly provide insurance and driver license information when notified that their job duties include driving either a City owned vehicle or privately owned vehicle.
Employees are to comply with all training and other reporting requirements of this policy.
8. An employee whose assigned duties are subject to night and weekend emergencies may use a City vehicle, with prior approval of the Personnel Officer. The employee shall insure that the City vehicle is locked and secure while in the employee's possession, and that the employee has a current, valid license to operate subject vehicle. An employee who uses City vehicles or property for private purposes without prior authorization from the Personnel Officer shall be subject to disciplinary action.
B. Definitions
1. Preventable Accident: The vehicle operator failed to do everything reasonably possible to prevent the accident.
2. Non-Preventable Accident: The vehicle operator did everything reasonably possible to prevent the accident.
3. City Owned Vehicle: Any vehicle owned by the City, and assigned on a shared, designated, or permanent basis.
4. Privately Owned Vehicle: Any personally owned vehicle used by an employee, whether owned by the employee or not.
5. Vehicle Operator: An employee who is either operating a City owned vehicle or is operating a personally owned vehicle on City business.
6. City business: Activities that require the use of a vehicle and are authorized by the employee's supervisor. In the use of personal vehicles, City business also means that the operator is being reimbursed for mileage expenses according to Internal Revenue Service guidelines.
C. Use of City Owned Vehicles
1. City owned vehicles fall into the following three categories, and have restrictions based upon type and use:
a. Vehicles that are kept overnight at City facilities and are assigned for use on a shared or designated basis during the course of daily City business. Personal use is expressly prohibited.
b. Vehicles that are assigned to managers on a permanent basis and used for daily commuting to and from the City. According to the Internal Revenue Service, commuting to and from work and any other incidental personal usage is not considered official use, and shall be reported as taxable income.
c. Vehicles that are designed for emergency or on-call use and authorized for use to and from work in order to respond on a 24-hour basis. Employees authorized to operate emergency or on-call vehicles may make reasonable, but limited stops before and after assigned work shifts while traveling to and from work.
2. Only City employees are authorized to operate City owned vehicles.
3. City owned vehicles are for transporting only those employees whose duties require the use of a motor vehicle, and such other persons whose business activities are important to City interests.
4. Under no circumstances shall family members or friends be transported in City owned pool vehicles, including those that are authorized for use commuting to and from the City or designated for emergency or on-call use.
5. Employees who have a City owned vehicle permanently assigned to them and/or City owned vehicles assigned for use within their department are responsible for ensuring that only those persons with a valid driver's license and on official City business are allowed the use of the City owned vehicle.
D. Use of Privately Owned Vehicles
There are times in which the use of an employee's personal vehicle is preferable because either a City owned vehicle is not available or because the use of a privately owned vehicle is deemed more efficient.
When such is the case, the following shall be adhered:
1. An employee may use their privately owned vehicle when they have a transportation need for City business and upon prior authorization by their supervisor.
2. Employees who regularly use their own privately owned vehicles on City business must notify their insurance company of such use.
3. It is the responsibility of the individual utilizing their privately owned vehicle to maintain accurate records of the purpose and extent of their travel, and to make substantiated claims for reimbursement per the City's reimbursement policy. The vehicle and/or mileage allowance is intended to cover the employee's cost of operating the vehicle on City business, including the cost of insurance. Further, all operating expenses of the privately owned vehicles are to be borne by the employee. This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance.
4. The City is not liable for any damage to an employee's privately owned vehicle, unless caused by the City's negligence (employee's negligence excepted). It is the responsibility of the employee operating the vehicle to notify their immediate supervisor, the Department of Motor Vehicles, and the employee's insurance company in the case of any accident.
5. If an employee is responsible for an accident either while driving a City owned or personally owned vehicle, their own automobile insurance premiums may be increased.
E. Driver Training
Those employees who drive City owned vehicles are required to complete a defensive driver training course. Consideration should also be given to other employees who are regularly using privately owned vehicles as part of their essential job functions.
1. New employees shall complete a defensive driver training at the first available course date after the commencement of employment. Instruction shall also be provided to make certain that such employees are familiar with this policy.
2. Current employees who change assignments to include driving a City owned vehicle are similarly required to complete the provisions as stated in this section.
3. All employees who are required to participate in defensive driver training shall be required to repeat such training at least once every three years.
F. General Guidelines
1. Employees shall obey all Federal, State and local laws while operating either owned or privately owned vehicles on official City business.
2. It is the responsibility of the employee operating either a City or a privately owned vehicle to ensure that all persons in the vehicle use seat belts and have them properly adjusted before starting the engine of the vehicle.
3. When cargo, materials or tools are being transported, the vehicle operator is responsible for assuring that all items are properly secured.
4. No person shall be allowed to ride on running boards, fenders, hoods. or other locations on a vehicle not designed or approved by the manufacturer for passenger seating. An exception to this shall be areas designed and equipped for passengers outside the cab area for ceremonial events such as parades where the roads are closed and speed is under 5 miles per hour.
5. Any injuries sustained by the vehicle operator or other employees while a vehicle on City business shall be covered by workers' compensation.
6. When the vehicle operator is determined to be involved in a preventable accident the Supervisor shall recommend disciplinary action subject to re approval by the Department Director.
7. Alcoholic beverages and drugs shall not be transported or placed in owned pool or privately owned vehicle while on City business.
8. Any employee who operates a City owned vehicle, is responsible for the proper care and operation of that vehicle.
9. Employee shall periodically check to make certain that all vehicle equipment including headlights, turn signals, brake lights and washers are functioning properly, as set by department policy.
10. Any vehicle damage beyond normal wear and tear or that is affecting the safe operation of the vehicle must be documented and reported to the employee's supervisor.
11. No employee shall operate a City owned vehicle found to be dire condition.
G. Refrain From Use of Electronic Devices While Driving Employees shall refrain from operating cellular telephones, laptop computers, navigational devices and any other device that may cause vehicle operator distraction while operating a City owned or privately owned vehicle in the course of conducting City business. Employees shall make every attempt to properly park their vehicle or use a hands-free device when using such equipment.
Employees who are charged with traffic violations resulting from the use of a cellular phone while driving on duty may be subject to disciplinary action and personal liability resulting from such traffic violations and are responsible for paying the cost of the citation.
H. Rental Vehicles
When it is necessary for a City employee to use a rental vehicle for City business, the employee shall utilize a City approved rental agency. Optional loss damage coverage should be purchased from the rental agency at the time the vehicle is rented, unless the credit card company used to pay for the rental vehicle provides coverage.
I. Accident Reporting Requirements
Any accident involving a City owned vehicle, rented or leased vehicle or privately owned vehicle used in the performance of City duties shall be reported as follows:
1. The vehicle operator shall summon medical care for any injured parties.
2. The vehicle operator shall notify appropriate law enforcement agencies.
3. The vehicle operator shall collect information about the other parties involved.
4. The vehicle operator shall notify their supervisor. The supervisor shall be responsible for initiating the departmental investigation of the accident and completing all required City reports. In the event of serious bodily injury, an Incident Report form shall be completed by the supervisor and submitted to the California JPIA.
5. The supervisor shall notify delegated Human Resources Staff. The accident must be reported to the DMV if more than $1,000 in damage was done to the property of any person or the City, or anyone was injured (no matter how slightly) or killed. The report must be filed, whether the vehicle operator caused the accident or not and even if the accident occurred on private property. The report must be made on the California Traffic Accident Report, form SR 1, and must be made within ten days of the accident. If the report is not filed with the DMV, the vehicle operator's driving privilege will be suspended. The police or California Highway Patrol will not file this report.
J. Insurance
1. Proof of insurance is required before any privately owned vehicle can be authorized for City business and shall be provided to delegated Human Resources Staff annually thereafter, no later than January 31 of each year.
a. Employees who receive a monthly vehicle allowance shall maintain coverage in an amount not less than $100,000 per person/ $300,000 per occurrence (or a combined single limit of $300,000) and property damage coverage in an amount not less than $100,000 per occurrence.
b. Employees that do not receive a monthly vehicle allowance and are authorized to use privately owned vehicles on City business shall maintain minimum coverage in an amount not less than $50,000 per person/$100,000 per occurrence (or a combined single limit of $100,000) and property damage coverage in an amount not less than $50,000 per occurrence.
2. California Insurance Code §11580.9 states that where two or more policies affording valid and collectible liability insurance apply to the same motor vehicle in an occurrence out of which a liability loss shall arise, it shall be conclusively presumed that the insurance afforded by that policy in which the motor vehicle is described or rated as an owned vehicle is primary and the insurance afforded by any other policy shall be excess.
3. The City shall not be responsible for any increase in the employee's automobile insurance premium as a result of an accident.
4. In the event of an accident, the employee is responsible for paying any deductibles the insurance company may require.
5. If insurance coverage is canceled, terminated, lapsed, or for any other reason curtailed, the immediate supervisor must be notified by the employee and the vehicle shall not be used for City service.
6. When an employee operating a City owned vehicle is involved in an accident, defense and settlement of any claim shall be the responsibility of the California JPIA, to the maximum protection limit (the California JPIA Memorandum of Coverage provides automobile liability coverage to all member entities, their city councils, commissions, committees, and employees). If an employee operating a City owned vehicle is sued independently as a result of an at-fault accident, the California JPIA may provide coverage to that employee if the accident qualifies as a covered occurrence.
7. Should an employee using their privately owned vehicle on City business be involved in an accident with resulting injury or property damage, the employee's own insurance carrier shall respond to defend the employee. Should a claim exceed the limits of the employee's liability insurance coverage, the California JPIA liability protection program will respond in an excess capacity if the accident qualifies as a covered occurrence.
K. Driver's License
1. All City employees authorized to use City owned or privately owned vehicles on City business must possess a valid California driver's license and provide proof of licensing upon hire.
2. All City employees must maintain a driver's license appropriate for the class of vehicle to be driven.
3. An employee whose driver's license is suspended or revoked for any reason must notify their supervisor no later than the first workday following suspension or revocation of their driver's license. Such employee shall not be allowed to operate any City owned or privately owned vehicles on City business.
4. Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of official City duties.
L. Review Of Driving Record
1. The City shall enroll employees that operate City owned or privately owned vehicles on City business in the Department of Motor Vehicles (DMV) Pull Notice Program. When a vehicle operator has received a violation, the DMV assigns points according to the type of violation, and automatically sends notification to the City.
2. In compliance with Vehicle Code Section 1808.47, all information received from the DMV shall be used solely for the intended purpose and kept in locked storage. Under no circumstances shall addresses or other information be given to a third-party employee who have an accumulation of four or more points in a 12-month period or six in a 24 month period or eight in a 36 month period may have City driving privileges suspended at the discretion of the Department Director. The Human Resource staff shall notify the Department Director when a driving record meets this threshold.
3. Any employee involved in a preventable collision or demonstrating questionable driving capabilities shall be required to attend remedial training in defensive driving. An employee may be regarded as having questionable capabilities based on a review of points assigned to their by the DMV in connection with citations and/or vehicular accidents.
4. Employees involved in additional preventable accidents or have a disqualifying action taken against their driver's license shall be subject to disciplinary action, the severity of which will be determined by the nature of the offense and the employee's past driving and disciplinary action records.
5. An employee who has been determined to be involved in two or more preventable accidents within a 36-month period while operating a City owned or privately owned vehicle in the performance of official City business shall be subject to disciplinary action up to and including suspension of City driving privileges.
6. Any conviction resulting from driving while under the influence of drugs or alcohol (DUI) or refusal to submit to a lawful roadside sobriety test shall result in disciplinary action up to and including suspension of City driving privileges.
7. Intentional abuse, moving violations, reckless operation, or negligent actions while operating any vehicle may result in the suspension of the employee's driving privileges, and is grounds for further disciplinary action.
8. Temporary or permanent suspension of City driving privileges for employees whose position requires operation of a vehicle shall be considered a loss of the ability to perform an essential job function.
9. If an employee has City driving privileges suspended, the City shall attempt to arrange for the employee to perform the essential functions of the job. If such accommodation is not possible or creates an unreasonable hardship for the City or coworkers, loss of City driving privileges shall be considered just cause for reassignment to a position that does not require operation of a vehicle at a pay rate commensurate with that position. If no such position is open, the employee may be terminated.
CHAPTER 10: PERFORMANCE EVALUTIONS
Section 10.1: Goals of Performance Evaluations
Performance evaluations are conducted to communicate organizational goals and objectives; establish individual employee performance objectives; document employees’ performance in relation to the objectives set; counsel the employee on how to improve performance and improve interaction and understanding between the evaluator and the employee.
Section 10.2: No Expectations of Continued Employment for At-Will Employees While at-will employees should be provided with annual goals and accomplishment expectations, there shall be no expectation that satisfactory accomplishment all of the expectations will result in continued employment. At-will employees may have their employment terminated at any time by the Personnel Officer.
Section 10.3: Merit Increases
Each at-will full-time employee shall be eligible for consideration of a merit-based salary step increase, of no less than five percent (5%), on a continuous basis until reaching the top of the salary range for their position. Merit increases shall be awarded if the employee has an overall performance rating of “meets standards” or above.
For employees hired before July 1, 2017, merit increases shall be effective on January 1st of each year.
For employees hired on or after July 1, 2017, the first merit increase shall be effective upon the successful completion of their six (6) month probationary period and then annually thereafter on their respective anniversary date. The anniversary date is not a fixed date nor is it the same as the employee’s date of hire with the City. The anniversary date is determined by the date the employee completes the required probationary period for their current position.
In addition, performance improvement documentation may be given at any other time the supervisor deems appropriate.
Section 10.4: Part-Time Merit Salary Advancement
Part-time employees shall be eligible for a merit salary adjustment after completion of 1000 hours of service subject to the receipt of an overall satisfactory rating on the Performance Evaluation Form completed by their appropriate supervisor or manager.
Part-time employees shall advance from the step range successively after completion of an additional 1000 hours of service at each subsequent salary step subject to receipt of an overall satisfactory rating on the Performance Evaluation Form utilized by the City.
The effective date in which a part-time employee's hours begin accrual for merit increase eligibility shall be the employee's anniversary hire date and will reset after 1000 hours is completed.
Part-time employees are subject to this Handbook as they apply to merit increases. However, for exceptional performance, out-of-phase merit increases may be granted as recommended by the Department Director and approved by the Personnel Officer or designee. Instances of out-of-phase increases will be infrequent and shall be limited to classes listed on the part-time classification salary schedule.
Section 10.5: Performance Evaluation System
The City shall have in place a formal and consistent performance evaluation system and shall train both the supervisors and the employees in their use of the system in current use. The system may, from time to time, with notice, be changed.
Section 10.6: Supervisor Evaluation
The evaluation form is the official record of the employee’s performance evaluation and is the primary basis for salary adjustments and changes in job position. The supervisor may consider information from evaluation form(s) from other evaluators, self-evaluation or supervisee evaluation as may be required by procedures in current use, when completing the supervisor’s evaluation form.
Section 10.7: Discussing the Performance Evaluation
The supervisor shall meet with the employee to discuss the evaluation. If necessary, the supervisor may discuss the evaluation with the department head or the Personnel Officer prior to the interview with the employee.
Section 10.8: Signatures
When the performance evaluation interview is completed, both the employee and the supervisor shall sign the original form indicating that it has been discussed. Signing of the form indicates only that the performance interview was held. The employee may complete the comment section of the evaluation form at this time or may request a copy of the form in order to prepare a written response.
Section 10.9: Written Response by Employees
An employee who wishes to provide written comments on the evaluation must return written comments to the evaluator no later than five (5) workdays after the meeting to discuss the performance evaluation.
Section 10.10: Final Approval
After the response period (5 working days) has passed or the employee has provided written comments, whichever is sooner, the evaluator shall submit the evaluation to the department head for review and signature prior to submittal to the Personnel Officer for final approval of the recommended rating and related compensation adjustment. Both the evaluation form and a change form, noting changes in status and terms of employment, if any, and signed by the supervisor, shall be submitted for the Personnel Officer’s signature.
Section 10.11: Completion of Performance Evaluation Process The completed and fully signed forms shall be submitted to the Personnel Officer for processing and adjustment of compensation in accordance with Chapter 5 herein. The completed evaluation forms and applicable attachments shall be placed in the employee’s personnel file.
CHAPTER 11: DISCIPLINARY AND GRIEVANCE
PROCEDURES
Section 11.1: Disciplinary Procedures
Employees are expected to meet certain standards of job performance, interpersonal skills and conduct. The City may discipline an employee whose conduct or performance fails to meet reasonable City standards, i.e., for cause. Discipline may be imposed for a single incident or for a pattern of conduct. Discipline is intended to focus the attention of the employee on the performance problem and to encourage identified change. If the expected change does not occur in the required time, the City may terminate the employment of the employee.
Section 11.2: Grounds for Disciplinary Action of At-will Employees:
The department head may discharge, suspend, demote or otherwise discipline any employee for cause at any time, consistent with the Disciplinary and Grievance Procedures in this handbook.
Employees who are considered to be in at-will employment status may be dismissed from their employment at any time without undergoing the following identification of reasons for dismissal, notification and appeal processes.
A. Causes For Disciplinary Action
Include, but are not limited to, the following:
1. Violation of federal, state or local law, or ordinance affecting the City;
2. Violation of City personnel policies and/or regulations;
3. Possession, distribution, sale, use, or being under the influence of alcoholic beverages or illegal drugs or controlled substances (other than prescription drugs for personal use) while on City property, while on duty, or while operating a vehicle on City business;
4. Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment;
5. Inefficiency, incompetence, carelessness, or negligence in the performance of duties;
6. Neglect of duty;
7. Negligent or willful damage to public property or waste of public supplies or equipment;
8. Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies: loss or misuse of City equipment may require the employee to bear the cost of replacing or recovering equipment or supplies;
9. Absence without leave or without authorization from supervisor;
10. Claim of leave under false pretense, or misuse of leave;
11. Furnishing false information to secure appointment;
12. Theft or misappropriation of City funds or property;
13. Acceptance by an employee of any bribe, gratuity, kickback, favor, or other items of value including meals and travel when it appears the favor or gratuity is given in the hope or expectation of receiving preferential treatment;
14. Unreasonable failure to undergo a medical examination authorized by these regulations;
15. Excessive absenteeism or tardiness;
16. Falsification of payroll time sheets;
17. Unlawful harassment, failure to report incidents or observations of harassment, or other unlawful activities;
18. Failure to cooperate with the investigation of harassment or other unlawful activities, such as discrimination;
19. Actual or threatened physical violence, threatening, intimidating, coercing any member of the City community;
20. Vulgar or abusive language;
21. Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items, while on City property, while on duty, or while operating a City vehicle;
22. Sleeping, or giving the appearance of sleeping, while on duty;
23. Failure to obtain or maintain a certificate or license required for current position;
24. Failure to comply with accepted safety practices;
25. Job abandonment (3 days of no call/no show);
26. Insubordination;
27. Failure to exercise good judgment;
28. To be courteous and cooperative in relations with other City employees and with the public;
29. To conduct themselves, both on and off the job, in a manner that reflects credit to the department and to City service;
30. Or for other just cause.
Section 11.3: Types of Discipline
The City does its best to follow the progressive discipline steps which may include counseling, oral reprimand, written reprimand, reduction in pay or employment benefits such as training, promotion, etc., suspension without pay, demotion and termination of employment. Discipline may include any one or any combination of actions, and the actions may not necessarily be applied in any defined order. The purpose of discipline is to be corrective, not punitive, in nature; therefore, the City shall use progressive discipline, except in the case of an egregious act.
At-will employees may have their employment immediately terminated without undergoing any of the above discipline steps that are offered to correct the behavior of regular City employees.
Section 11.4: Informal Discipline/Counseling
An employee who receives counseling or an oral or written reprimand does not have the right to respond or to appeal the discipline in the manner described in the sections found under this section.
A. Counseling
A supervisor may counsel an employee concerning a minor performance problem. The supervisor may make a note of the discussion in writing, describing the date of the meeting, the subject, and the employee's response, if any, and place the note in an employee file kept by the supervisor.
B. Performance Improvement Plan (PIP)
This is a plan of action discussed with the employee that provides specific expectations to meet the requirements of performing the employee’s job properly within quality and time-based standards. A PIP may last for a month or up to three months. Regular discussions between the employer and the employee will take place during this time to ensure that improvements are being made.
If the supervisor believes that not enough improvements have been made, they may take the next discipline step of providing a reprimand to the employee.
C. Reprimand
A supervisor may issue an oral or written reprimand. The written reprimand, or a memorandum for an oral reprimand, shall state specific details concerning the subject of the reprimand, describe the plan for improvement and the employee’s response, if any, and show the date of the reprimand. The employee shall sign and receive a copy of the written reprimand or memorandum of oral reprimand, and the original shall be filed in the employee’s personnel file. Please see Section 11.6 of this Handbook for more information regarding reprimands.
Section 11.5: Formal Discipline
No employee shall be subject to disciplinary action in the form of reduction in pay or benefits, suspension without pay, demotion and termination unless, as set forth specifically in this chapter, the employee has received (1) written notice of the proposed action, the date action will be taken, and the reasons for the action; (2) a written copy of the charges and either a copy or access to the materials on which the action is based; (3) the right to respond to the charges; and (4) a written decision after the response has been made or the response time has run, unless exigent circumstances warrant immediate measures.
A. Initiation of Formal Discipline
The employee’s supervisor shall make the initial determination that formal disciplinary action is necessary and shall work with delegated Human Resources Staff to determine what form of discipline is appropriate. The City must follow the formal discipline steps outlined in the MOU with the City and Union for any employee represented by a union.
Section 11.6: Reprimand
A reprimand is normally considered the first discipline step. It may follow counseling and coaching for improvement, however, if the employee’s supervisor believes that the employee’s behavior immediately requires a reprimand without prior non-disciplinary steps, the supervisor should consult with the City’s delegated Human Resources Staff to determine what steps to follow. If it is believed by all concerned that a reprimand is appropriate, employees represented by a union will be given the opportunity to have a union representative included in the investigation meeting.
Following an investigation into alleged violation of workplace expectations, as outlined in Section 2.4 of this Handbook, a supervisor may issue a written reprimand. The dated written reprimand shall state specific details concerning the subject of the reprimand, describe the plan for improvement and the employee's response, if any. The employee shall sign and receive a copy of the written reprimand and the original shall be filed in the employee’s personnel file.
Section 11.7: Notice of Proposed Action (Skelly Notice) At-will employees do not have access to the proposed notice of action that may be the cause for their employment with the City to be terminated. The Personnel Officer may terminate their employment without advance notice, or without providing appeal rights.
If the City wishes to suspend, demote or terminate an at-will employee, the Personnel Officer may do so based on any of the reasons provided earlier in this section, however, the Notice of Action and appeal steps provided to regular City employees do not apply.
Section 11.8: Grievance Rights and Procedures
At-will employees may submit a grievance and expect to have the following procedures followed. While there should be no retaliation for submitting a grievance, at-will employees should understand that they may have their employment terminated at any time by the City upon decision by the Personnel Officer.
Management and any employee in a position that is represented by a union will be covered by the grievance procedures outlined in the MOU between the City and the union.
A. Grievance
Any affected employee may submit a grievance, which is an alleged violation of a specific clause of Federal or State Law, the Municipal Code, City Personnel Policies, Rules and Regulations, and written departmental rules and regulations. Disciplinary actions, performance evaluations with overall rating of “meets standards” or above, and rejection during initial probation, are not subject to the grievance procedure. The grievance procedure shall not apply to employees protesting reduction in pay, lay-off, suspension, demotion or dismissal. An employee shall be permitted a reasonable amount of paid release time to prepare and present their grievance at each step.
Employees wishing to file a grievance shall comply with the following procedures:
B. Informal Discussion with Supervisor
The employee shall inform the immediate supervisor, orally of the grievance and relevant facts within five (5) calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The supervisor shall informally meet with the grievant within two (2) regular work shifts following such notification to discuss the issue. The supervisor shall provide a written decision to the employee within five (5) days following the discussion.
C. Formal Grievance Procedure
If the grievance is not resolved informally, the employee shall put the grievance in writing and submit copies to their department head no later than five (5) working days following the receipt of the informal decision. The written grievance shall include a citation of the sections of the MOU, personnel policies, rules and regulations, laws, and/or codes alleged to have been violated and remedy sought by the employee. The department head shall review the grievance and render a written decision to the employee within five (5) working days from receipt of the formal grievance.
D. Appeal to the Personnel Officer
If the grievance is not resolved at the department head level in Step One, the employee may appeal the decision to the Personnel Officer no later than ten (10) days following receipt of the written decision from the department head. The Personnel Officer shall review the grievance and render a written decision to the employee within ten (10) days from receipt of the appeal.
The decision of the Personnel Officer shall be the final administrative decision.
E. No Retribution
No retribution or prejudice shall be suffered by employees making use of the grievance procedure.
CHAPTER 12: PAYROLL PROCEDURES
Section 12.1: Personnel Records
The payroll and employee status records shall be prepared and maintained by delegated Human Resources Staff . It is the employee's responsibility to report a change of home address to delegated Human Resources Staff within one (1) week of the change.
Section 12.2: Pay Days and Pay Periods
Employees shall be paid on a semi-monthly basis. In the event that a pay day falls on a weekend or holiday, payday will be the preceding workday. Pay periods cover the first through the fifteenth and the sixteenth through the last day of the month.
Section 12.3: Payroll Deductions
Payroll deductions from employee paychecks fall into two categories: required and voluntary. Required by federal or state law or by City policy are: garnishments, Medicare, federal and state withholding depending on W4 determination. Voluntary deductions may include additional contributions to the Public Employee’s Retirement System, Service Employees International Union (SEIU) dues, additional life insurance premiums, deferred compensation programs automatic savings plans with credit union and other required and/or voluntary deductions as may become available through City payroll.
Section 12.4: Time Report Sheets
For purposes of record keeping, employees shall submit time records in a manner and on a schedule as provided by the Finance Department. Payroll data for all employees will be compiled from time records in a form approved by the Personnel Officer. Falsification of time records is prohibited.
Section 12.5: Determining Hourly Rates of Pay
The hourly pay rate for regular salaried positions is determined by multiplying the monthly salary for the position by 12, dividing the product by 2,080 hours, and rounding to the nearest one cent. The hourly pay rate for all other positions shall be established in accordance with the Salary Resolution approved by the City Council.
Section 12.6: Final Pay
If an employee is terminated with the City, they shall be paid their final paycheck on the same day as termination. An employee who resigns shall receive the final paycheck on their last day of employment.
CHAPTER 13: WORK WEEK AND ATTENDANCE
Section 13.1: Hours of Business
Unless otherwise established and authorized by the Personnel Officer, all City offices shall be kept open from 7:30 a.m. to 5:30 p.m. Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on alternate Fridays.
With prior approval of the department head or Personnel Officer, the daily work schedule may be modified from time to time as necessary
Section 13.2: Work Period
The work period will be forty hours per week. Employees shall work eight days for nine (9) hours a day and one day for eight (8) hours for a total of eighty (80) hours in a two-week period. The standard for accounting is eighty (80) hours in a two-week period.
The work period will begin at 11:31 a.m. on Friday and end the following Friday at 11:30 a.m. for all fulltime employees on a traditional schedule and all full-time employees scheduled to be off on Fridays in accordance with the 9/80 work schedule. By beginning and ending the work period at 11:30 on Fridays, each seven-day work period is limited to equal 40-hour blocks (Example A).
During a two-week period, the employee shall have one day off. The regularly scheduled day off will be every other Friday.
Section 13.3: Management’s’ Responsibility
Changes in an employee’s 9/80-work schedule must be coordinated through the Personnel Officer and Department Head and must coincide with the beginning of a two-week period. Additionally, to ensure appropriate staffing levels to service the citizens and customers of La Puente, Department Heads will be responsible for ensuring there is adequate coverage in their respective department at all times. Lunch breaks must also be coordinated to maintain coverage in each department.
Section 13.4: Work Week Example
The example below show a work schedule distribution under the 9/80 definition.
It should be noted that the workweek is the basic unit for determining when weekly overtime obligations begin. The workweek does not mean the work schedule or the pay period; pay periods will remain the same.
EXAMPLE A (Employee has first Friday off in the two-week work period).
Work Week 1
F
Day
off
/11:31
S S M T W Th F
11:30/
=40 hrs worked (1st wk) Hours Worked 0 0 0 9 9 9 9 4
Work Week 2
F
/11:31
S S M T W Th F
Day
off
11:30/
=40 hrs worked (2nd wk) Hours Worked 4 0 0 9 9 9 9 0
As the 40-hour work week begins at 11:31 a.m. on Friday and ends at 11:30 a.m. the following Friday, this example shows the 4 hour/4 hour split that occurs every other Friday.
Section 13.5: Attendance and Punctuality
To maintain a productive work environment, the City expects employees to be reliable and to be punctual in reporting for scheduled work. Employees are expected to be at their place of duty ready to begin work when the workday begins. Failure of an employee to be at their workstation or to report for work at the beginning of the workday or shift constitutes tardiness.
Absenteeism and tardiness result in a burden on other employees and on the City’s overall operations.
Employees who are unable to be at work on time or are unable to work as scheduled must notify their supervisors as soon as possible via telephone in advance of the tardiness or absence.
Unscheduled, unexcused absences due to injury or illness, even when following appropriate guidelines, may still be deemed excessive. Excessive tardiness and poor attendance may lead to disciplinary action up to and including termination of employment.
Section 13.6: Lunch or Meal Periods
The supervisor or department head may authorize a regular schedule for lunch or meal periods.
Section 13.7: Break Periods
Employees shall be allowed one fifteen-minute break for each four (4) hour period worked. Breaks are generally scheduled in the middle of each four (4) hour work period. However, the supervisor or department head shall have the authority to arrange break times which best meet the needs of the department and the City.
Section 13.8: Usage of Leave Time
A. Jury Duty, Military Leave & Extended Leave
Employees summoned to jury duty, or military duty or on paid extended sick leave will continue to record hours as if they are on a 9/80 schedule.
B. Paid Sick Leave/Vacation/Bereavement Hours
Employees using paid sick leave, vacation, or bereavement occurring on eight- (8) hour days will be charged eight (8) hours and those falling on nine (9) hour days will be charged nine (9) hours.
If the scheduled hours are greater than the sick leave balance, the difference will be covered by:
1. Using vacation, admin leave, floating holiday, or compensation time; or
2. Absence without pay.
Employees will not be allowed to work nine hours on their eight (8) hour day to make up the difference in sick leave balance vs. scheduled hours.
C. Medical Appointments and Personal Business
Whenever possible, medical appointments and personal business should be conducted on an employee’s regularly scheduled day off.
D. Non-Substitution of Day Off
If the employee is absent (sick leave, etc.) on a day other than their scheduled day off, the day absent cannot be substituted for the regularly scheduled day-off or eight-hour day.
Section 13.9: Holidays
A. Scheduled Holidays
The City observes the following holidays:
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Cesar Chavez Day March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran’s Day November 11th
Thanksgiving Day 4th Thursday in November
Friday after Thanksgiving Day 4th Friday in November
Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve December 31st
B. Holiday Pay for Part-Time Employees
Part-time employees shall be paid four (4) hours for any of the holidays listed above only when the holiday is observed on the individual employee’s normally scheduled working day. If the employee works on the holiday, the employee shall receive the holiday pay in addition to their regular pay.
C. Holidays Falling on Weekends
All holidays falling on a Saturday will be observed on the Friday immediately prior to the holiday.
All holidays falling on a Sunday will be observed on the Monday immediately following the holiday.
If the preceding Friday or succeeding Monday is also a holiday, then the holiday is observed on the next preceding or succeeding workday.
D. Holiday Pay
Full-time employees are entitled to receive time off with pay, at their regular hourly rate, for all regularly scheduled hours which fall on the holiday. An employee who resigns may not select a holiday as the employee’s last day of employment.
E. Floating Holidays
On January 1st of each year, full-time employees shall receive twenty-four (24) hours of floating holidays. Upon hire during the year, a new employee shall receive a prorated portion of the floating holiday hours (Example: An employee with a hire date of 07/01/20XX will receive 12 hours of floating holiday hours). Floating holidays may be used at any time during the calendar year, upon advance approval of the supervisor or department head. Any unused floating holiday hours remaining at the end of each calendar year shall be forfeited after December 31st of that same year.
There shall be no payment for any unused floating holiday hours remaining at the time of separation from City service.
F. Extended Closure for Holidays
At the sole discretion of the Personnel Officer, offices and facilities including City Hall, City Yard, Community Center and Senior Center may be closed between the Christmas and New Year’s holiday.
The Personnel Officer shall advise employees by no later than September 1st of each year of the City’s intent to have an extended holiday closure for that same year.
In the event of such extended closure, an employee who opts to take the time off with pay must utilize vacation, administrative, compensatory, or floating leave balances.
In the event an employee does not desire to use their accumulated time banks, they may opt to take the time off without pay or may request to continue working their regular work schedule during the extended closure. Such requests shall be subject to approval by the Personnel Officer, who retains sole discretion in the approval/denial.
G. Working on a Holiday
In addition to the holiday pay, a full-time employee who is required to work on a paid holiday or during an extended closure for holidays shall be paid at time and one-half (1½) for all regular hours worked and double time (2X) for all overtime hours worked.
Section 13.10: Vacation Leave
A. Vacation Leave Accrual
Full-time employees shall accrue vacation each month based on the following schedule:
Years of Service Annual Accrual Rate
0 to 5 years 10 days (80 hours)
6 to 10 years 15 days (120 hours)
11 or more years 20 days (160 hours)
Accrual at the next highest level shall begin on the anniversary date of the sixth (6th) and eleventh (11th) years, respectively.
B. Maximum Accrual of Vacation Leave
An employee may accumulate vacation up to three hundred and sixty (360) hours. An employee shall not continue to accrue additional vacation until the employee’s vacation balance falls below the maximum accumulation allowed.
C. Use of Vacation
An employee may use vacation upon accrual, subject to approval by the department head or supervisor.
Requests for vacation should be submitted in writing two (2) weeks prior to the requested time off.
D. Payment of Accumulated Vacation
An employee may elect to cash-out up to a maximum of eighty (80) hours of accumulated vacation hours once per fiscal year in accordance with City procedures, provided a minimum of eighty (80) hours remains accumulated after the cash-out. Payment shall be made on the next regular pay date following the employee’s request and calculated at the employee’s rate of pay at the time of the payment.
At such time an employee terminates service with the City, cash payment shall be made for all accumulated vacation hours at the employee’s rate of pay at the time of the payment.
E. Retirement Benefits Calculations
For purposes of Retirement Benefits calculations, any cash payout of accrued vacation leave will not be considered eligible base salary.
Except with the approval of the Personnel Officer, an employee may not use more than 32 hours of vacation leave during the last 20 workdays of employment with the City.
F. Use of Vacation Leave
1. Eligibility for Use of Vacation Leave
Employees shall not be eligible to use vacation leave until completion of the introductory period unless special approval is granted by the Personnel Officer. Under no circumstances shall paid vacation leave be authorized beyond the amount which has been accrued by the employee.
2. Unscheduled Use of Vacation Leave
Circumstances such as personal illness or accident, family member illness or accident, or other personal or family emergency may necessitate the use of vacation leave without prior notice or approval. In such cases, the employee shall notify the supervisor or department head as soon as the employee becomes aware that use of vacation leave is necessary.
3. Holidays Falling Within Authorized Vacation Leave
In the event one (1) or more City holidays fall within a period of authorized paid vacation leave, such holidays shall not be charged as vacation leave.
4. Periods of Non-Accrual
Vacation leave ceases to accrue once an employee reaches the maximum accrual of vacation leave and during periods of unpaid absences from the City. For purposes of this policy, unpaid is defined as receiving neither City-paid wages nor wage replacement payments from the City’s workers’ compensation insurance. Wage replacement payments from the City’s long-term disability insurance plan do not qualify as wages for the purpose of this policy.
CHAPTER 14: LEAVES OF ABSENCE
Section 14.1: Eligibility
All regular and temporary, at-will, introductory, probationary, and full-time employees are entitled to certain State, Federal, and City leave provisions. Some benefits have specific attendance and employment periods that must be met before employees utilize leave time. As appropriate, the eligibility criteria will be provided within each leave type.
Section 14.2: Leave Requests
Other than sick leave detailed later in this chapter, a leave request must be approved by the employee’s supervisor. The supervisor shall inform the Department Head of the employee’s request.
Except in circumstances which prevent advance notice, the employee should provide a minimum of thirty days (30) notice. If family and medical leave is requested, the Personnel Officer or delegated Human Resources Staff will provide the notice concerning rights and benefits required by law.
Section 14.3: General Provisions
A. A leave of absence may include both paid and unpaid days. During protected leave periods an employee will continue to receive health insurance benefits at the same level and under the same conditions that coverage would have been provided had the employee continued active employment. If the employee contributed to the group plan premium before taking leave, they must continue to pay their portion while on leave.
B. Seniority, vacation, sick leave and holiday benefits do not accrue during periods of unprotected/unpaid leave of absence.
C. Regular merit increase consideration shall be delayed for the length of time that an employee is on an unpaid leave of absence.
D. An employee granted a leave of absence exceeding thirty (30) days must provide the City with two (2) weeks’ notice prior to their anticipated return to work date.
E. An employee requiring an extension to a leave of absence must request the extension two (2) weeks before the original leave expires.
F. Depending on the type of leave, the employee shall complete the appropriate section of the time sheet and/or the appropriate Leave of Absence Request process.
G. In accordance with the Americans with Disabilities Act (ADA), the City shall make every reasonable accommodation to provide a modified duty assignment to a disabled employee covered under the ADA who is unable to perform the essential functions of their job.
H. Failure to return to work on the next scheduled workday following the expiration of a leave of absence may result in termination of employment.
Section 14.4: Impact and Responsibilities if Not Being Paid for Eleven or More Days a Month An employee who is not on the payroll for eleven or more working days in a month shall not earn vacation, sick leave, the City’s contribution to medical insurance, or any other benefits furnished by the City during that month. Employees are responsible for ensuring their contribution to medical and other insurance plans they have enrolled in are made on a timely basis. The City will inform the employee of the amounts owed and when they are to be paid.
Section 14.5: Bereavement Leave
In the event of a death of a qualifying family member of a full-time at-will employee, with at least thirty (30) days of employment with the City, up to a total of five (5) days off, four (4) paid days off, the fifth (5th) day is unpaid.
The City agrees to provide four (4) days paid bereavement leave for each incident of imminent death and/or death for qualified family members and/or a designated person. Four days of bereavement leave shall not be chargeable to or accumulated as sick time, or any other paid leave. The fifth day may be paid out of any of the employee’s accrued leave. The five days of bereavement leave may be taken intermittently and must be completed within three (3) months of the death of the qualified family member. “Qualifying family” is defined as: spouse, registered domestic partner, father, mother, child, brother, sister, grandparents, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepmother, stepfather, registered domestic partner-in-law, relative or person living with the employee, selected designated person, and any other individuals as deemed appropriate by the Personnel Officer.
Upon request, employees may be provided additional days of paid bereavement leave at the sole discretion of the Personnel Officer or their designee.
There is no limit for how many times an employee can be eligible for bereavement leave defined in AB 1949.
The City may require that the employee provide documentation of the death of the family member within 30 days of the first day of the leave. Documentation can include verification of death, memorial services, published obituary.
The City will not retaliate against any employee who exercises their right to bereavement leave.
Section 14.6: Blood Donation
An employee may, with advance approval, take paid time off of up to one (1) hour to donate blood to a local Blood Bank. This may be utilized no more than twice in a calendar year.
Section 14.7: Child’s Suspension
An employee who is the parent or guardian of a child who has been suspended from school shall be given time off if requested to appear at the school in connection with that suspension. The employee must give reasonable notice to their supervisor of the impending absence.
Section 14.8: Child/School Visits Leave
Employees who are parents or guardians of any child in K-12, or at a licensed childcare provider, are allowed up to eight (8) hours unpaid time off per month, per child, with a maximum of forty (40) hours per school year, to participate in any child's school activities. This includes finding, enrolling, or re-enrolling a child in school or with a licensed childcare provider, addressing a childcare provider, and responding to a school/childcare provider emergency including a request for a child to be picked up from school/care, behavioral/discipline problems, closure or unexpected unavailability of the school/childcare (excluding planned holidays), or a natural disaster.
For the purpose of this section, a “parent” is defined as a: parent, legal guardian, stepparent, foster parents, grandparent, or a person who stands in loco parentis to a child.
A. Employees must provide their supervisor with reasonable notice of the planned time off by completing the appropriate leave request form.
B. Employees may elect to use accrued paid time off, e.g. vacation leave, or personal time off, not sick leave, to cover the time taken for the school visit(s).
C. Upon the City’s request, employees must provide written verification from the school of parental participation specifying the date and time of the activity.
Section 14.9: Domestic Violence Leave
An employee who is the victim of domestic violence is eligible for time off to:
A. Seek medical attention for injuries caused by domestic violence.
B. Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence.
C. Obtain psychological counseling related to an experience of domestic violence.
D. Participate in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure their health, safety, or welfare, or that of their child.
E. Participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation.
As a condition of taking time off for the above purposes, the employee shall give their supervisor or the City’s delegated Human Resources Staff reasonable advance notice of the employee's intention to take time off. If advance notice is not feasible, the employee must communicate with their supervisor as soon as possible to register their absence from work. The employee may use accrued paid vacation time, sick leave, compensatory time, or unpaid leave time for this leave.
When an unscheduled absence occurs, the employee must, within a reasonable time after the absence, provide any of the following certification:
A. A police report indicating that the employee was a victim of domestic violence.
B. A court order protecting the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court.
C. Documentation from a medical professional, domestic violence advocate, or health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
To the extent permitted by law, the City shall maintain the confidentiality of any employee requesting this leave.
Section 14.10: Family Leave Medical Leave
The City wants to ensure that its employees have the time to heal from their own serious health condition(s) and/or help their family members heal from their serious health condition(s) or provide family care.
Therefore, the City complies with the California Family Rights Act of 1993 (CFRA), as amended, which covers employers of five (5) or more, and the federal Family Medical Leave Act of 1993 (FMLA). Since there are many requirements, qualifications, and exceptions under these laws, employees are encouraged to contact delegated Human Resources Staff to discuss options for leave as soon as a need for leave is known.
FMLA/CFRA leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave.
A. Eligibility Criteria for Leave Under CFRA/FMLA
To be eligible for this leave, an employee must meet the following criteria:
1. Worked at least 12 months for the City as of the date leave commences; and
2. Worked at least 1250 hours of service for the City during the 12 rolling month period* worked immediately preceding commencement of the leave.
*Within any 12-month period, an employee may be entitled to take up to twelve (12) weeks of protected leave.
Note: FMLA/CFRA laws only provide protected unpaid leave, i.e., employees cannot be disciplined for taking leave if they have been certified as being approved to take this leave. FMLA/CFRA is unpaid, and employees must use their own sick leave, and other accruals if they wish to remain in paid status.
If employees do not have enough accruals to remain in paid status, they may, on their own, with their health provider’s support, apply for he City’s disability insurance.
B. Leave Entitlement for Personal Care or to Care for a Family Member or Designated Person Provided they meet the eligibility criteria established by these laws, employees may have a right to a period of twelve (12) consecutive weeks, or a total of four hundred eighty (480) intermittent hours, of unpaid job-protected leave in any 12-rolling month period for certain family, designated person care or their own medical leave. Any employee may be eligible for leave for:
1. Needing time away from work to care for their own serious health needs
2. To provide care for their family members including child of any age, i.e., biological child, adopted child, foster child, stepchild, legal ward, or a child for which the employee stands in loco parentis, parent, sibling, spouse, or registered domestic partner, parents-in-law. See below for information on leave for a designated person. The birth, adoption, or foster care placement of an employee’s child
3. Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.
4. Eligible family members of both current servicemembers and certain veterans are entitled to military caregiver leave of up to 26 workweeks of FMLA leave in a single 12- month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (military caregiver leave).
Designated person, per CFRA and the Healthy Workplaces, Healthy Families Act, is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Delegated Human Resources Staff will assist employees in determining the leave rights to care for self, family or a designated person.
C. Certification Required
The City will require certification from the patient’s attending health care provider in a timely manner to support the request for leave to care for a family member or due to their own medical condition. The certification shall specify the commencement date of the event which prevents the employee from performing the functions of their position, the anticipated duration of the leave, and a statement indicating the reason(s) the employee is either unable to perform the functions of their position or is required to be absent in order to attend to the serious health condition of a family member.
1. In the case of fostering or adopting a child, appropriate documentation must be provided in a timely manner.
2. In the case of providing care for a covered service member, the appropriate documentation requiring the leave of a City employee must be provided as soon as possible.
D. Amount of Family and Medical Leave
Eligible employees are entitled to an FMLA/CFRA leave of absence totaling twelve (12) weeks, or four hundred eighty (480) hours of intermittent leave during any consecutive twelve (12) month period, beginning on the day the employee first takes family and medical leave. The twelve (12) month period is calculated by using a “rolling period” method that measures backward from the date an employee last used FMLA leave. Any leave qualifying for both FMLA leave and leave under California Fair Employment and Housing Act (FEHA) shall be counted against the employee's entitlement under both laws.
Spouses employed by the same employer are jointly entitled to a combined total of twelve (12) workweeks of family leave for the birth and care of the newborn child for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.
E. Intermittent Leave
Under some circumstances, FMLA leave may be taken on an intermittent or reduced leave schedule. “Intermittent leave” is leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include periods of an hour or more to several weeks.
F. Use of Accrued Paid Leave While on FMLA
Where permitted by both Federal and State laws, an employee shall be required to use accrued vacation leave, sick leave, management leave, or any combination of accrued paid leave during the duration of their FMLA leave to the extent available.
G. Insurance Benefit Premiums During FMLA
An employee is eligible for the same insurance benefits and premium payment arrangement during FMLA as if the employee were not on leave, for a maximum of twelve (12) weeks. An employee on unpaid leave beyond the protected twelve (12) weeks is no longer considered on FMLA and, therefore, if the employee wishes to continue health insurance coverage they may do so at their expense, at the City’s group rates, in accordance with COBRA provisions. The employee must arrange for payment of the premium contribution, if any, prior to commencement of the leave. A lapse in insurance coverage will occur if a premium payment is more than thirty (30) days late.
H. Accrual During Unpaid Leaves
There are no paid holidays, and sick and vacation leave cease to accrue during periods of unpaid absence. For purposes of this policy, unpaid is defined as receiving neither City-paid wages nor wage replacement payments from the City’s workers’ compensation insurance. Wage replacement payments from the City’s STD and/or LTD insurance plan do not qualify as wages.
If the employee uses accrued leave for some or all of their protected FMLA/CFRA leave, this period will be considered paid leave and the employee will continue to accrue leave and/or be paid for paid holidays occurring during their paid leave.
I. Effect on Anniversary Dates
An unpaid leave of absence of thirty (30) or more cumulative days in a twelve-month period, above that which is mandated by state and federal law, constitutes a break in continuous employment. As a result, an employee’s Anniversary Date, vacation leave accrual date and performance evaluation date shall be extended by the amount of time equivalent to the amount of unpaid leave time taken for the length of all authorized unpaid leaves of absence exceeding thirty (30) cumulative days in a twelvemonth period. These time extensions shall be rounded to the nearest whole month. For example, unpaid leave of forty (40) cumulative days would extend an employee’s general leave accrual date and performance evaluation date one month; unpaid leave of forty-seven (47) cumulative days would extend those two (2) months.
J. Insurance Benefit Premiums During Leaves
Regular employees who are receiving compensation during an approved leave of absence, either from vacation leave accruals, sick leave accruals or workers’ compensation benefits, shall have their insurance benefit premiums paid on the same basis as if they were not on leave. Unless otherwise stated in these rules and regulations, employees who are granted an unpaid leave of absence and who wish to continue health insurance coverage may do so at their own expense at the City’s group rates, in accordance with COBRA provisions. Employees must arrange for benefit payments prior to commencement of the leave in order to avoid a lapse in insurance coverage.
K. Return Notice
An employee who is granted a leave of absence, which exceeds thirty (30) days must provide the City with two (2) weeks’ notice prior to the anticipated return to work date. Failure to return to work from any leave of absence on the next scheduled workday following the expiration of a leave of absence may result in discipline, including termination of employment; unless extended by their or their family member’s health care provider and otherwise in compliance with this policy.
L. Reduction or Restructuring of Work Force During Leaves of Absence If business conditions require a reduction or restructuring of the work force, employees on an approved leave of absence will be treated as active employees.
M. Extended Leave Due to Serious Health Condition
Any leave needed that is greater than twelve (12) weeks must be discussed and approved by the employee’s supervisor and the Personnel Officer. Employees are encouraged to communicate with the City’s delegated Human Resources Staff to ensure all documentation is correctly completed and submitted in a timely manner for these circumstances.
N. Periodic Check Ins
While on leave, the City may ask the employee to provide periodic reports of status and intent to return to work.
O. No Outside Work While on FMLA Except For Military or Public Service Requirements Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service or when the City has approved the outside employment and the employee’s reason for FMLA leave does not preclude the outside employment.
Section 14.11: Jury Duty
Full-time at-will employees shall be entitled to a maximum of fifteen (15) days of paid jury duty leave per calendar year.
When an employee is summoned to jury duty, the following must be followed:
A. It is important that the employee notify the court of the City’s policy of compensating employees for fifteen (15) days of jury duty pay.
B. Should a classified full-time employee be required to serve more than fifteen (15) days, the employee must submit proof from the court that the employee’s service must be extended beyond fifteen (15) days.
C. If the employee is not dismissed from jury duty at the conclusion of fifteen (15) days, the employee may be authorized to use their personal leave time, upon prior approval of the Personnel Officer.
D. An employee summoned for jury duty shall provide a copy of the summons to their supervisor on the first workday after receipt of such summons.
E. Upon return from jury duty all employees are required to submit documentation of attendance as a juror or court witness.
F. The employee shall be required to remit payments received to the City for jury duty service, excluding mileage reimbursement, which occurred during regularly scheduled working hours.
Employees will not be compensated as above when subpoenaed to appear in a matter for which they are a party to the proceedings.
Part-time at-will employees are not compensated by the City when absent for jury or witness duty. A department head may request the Personnel Officer’s assistance to relieve an employee from serving as a juror if the employee’s absence from City service would pose an undue burden or hardship upon the efficient operation of the City.
Section 14.12: Kin Care
As defined by California law, Kin Care leave is time provided to employees to take time off work to care for a family member. This leave is particularly useful for employees who may not meet FMLA/CFRA criteria. The types of family members covered by the law includes a:
A. Child of any age*, i.e., biological child, adopted child, foster child, stepchild, legal ward, or a child for which the employee stands in loco parentis and grandchild.
B. Parent, i.e., biological parent, adoptive parent, foster parent, stepparent, or legal guardian.
C. Spouse, registered domestic partner, grandparent, or sibling.
Employees are entitled to take accrued sick time off from work in order to:
A. Seek diagnosis, care, or treatment for an existing health condition of an employee’s family member, and;
B. Support a family member who was the victim of domestic violence, sexual assault, and/or stalking.
The City will not retaliate against any employee taking time off for proper use of kin care leave.
As with all sick leaves, the City may request medical evidence of the illness or reason for taking Kin Care leave. The employee is responsible for providing requested documentation in a timely manner and also for providing timely notice to their supervisor of the need to take such leave.
Section 14.13: Leave of Absence Without Pay
Leave of absence without pay above that which is mandated by State and Federal Law may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave so granted is not a right but an authorized privilege. The Personnel Officer is authorized to extend leave without pay up to three (3) months. The City Council may grant up to an additional six (6) months based on extraordinary circumstances. Such authorization is solely at the discretion of the Personnel Officer and City Council. No vacation, sick leave, or any other paid benefit including, the City’s DOC program and PERS contributions, shall be accrued or used during such leave.
Section 14.14: Military Leave
An employee who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard and the Reserves for each of those branches, Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and any other category of people designated by the president in time of war or national emergency, shall be allowed leave in accordance with the provisions of law governing such leaves. The City shall follow all governing laws in effect at the time of an employee’s request for Military Leave. Ref:
The Uniformed Services Employment and Reemployment Rights Act of 1994, (USSERA) The USSERA requires employees to provide their employers with advance notice of military service, with some exceptions. Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving.
The employee taking Military Leave should contact delegated Human Resources Staff for more information.
USSERA will be followed by the City for all employees who have been absent from a position of employment because of service in the uniformed services. The law guarantees an employee returning from military service or training the right to be reemployed at their former job (or as nearly comparable a job as possible) with the same benefits.
Section 14.15: Organ and Bone Marrow Donor Leave
Employees who are donors for organ or bone marrow may take paid time off as follows:
A. Up to thirty (30) workdays of leave in a one-year period for the purpose of donating an organ to another person.
B. Up to five (5) workdays of leave in a one-year period for the purpose of donating bone marrow to another person. The one-year period is calculated from the date the employee’s leave begins.
During the leave for organ/bone marrow donors, the City will continue to provide for any group health plan benefits the employee was enrolled in prior to the leave of absence.
Employees who wish to take a leave of absence to donate bone marrow or an organ will be expected to provide documentation that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.
The City requires that employees taking leave for:
A. Organ donation use two (2) weeks of accrued but unused sick, vacation and/or floating holiday leave.
B. Bone marrow donation use five (5) days of accrued but unused sick and/or vacation leave.
Once a donor has exhausted the required paid leave, the employee will be paid for the remaining leave of absence, if additional leave is needed, up to the maximum allowed by law.
Leave taken for the purpose of organ or bone marrow donation is not leave for the purpose of Family Medical Leave or under state law, the California Family Rights Act (CFRA).
Section 14.16: Pregnancy Disability Leave
Pregnancy disability leave shall be granted without pay to eligible employees pursuant to the Fair Employment and Housing Act (FEHA). Pregnancy disability leave will be allowed for a period of time not exceeding four (4) months. An employee requesting pregnancy disability leave shall provide delegated Human Resources Staff with certification from her health care provider stating the anticipated delivery date and estimated dates and duration of the disability. If there is a change in diagnosis, and the dates are either accelerated or delayed, notification from the health care provider shall be required. An employee may be eligible for long-term disability coverage during a pregnancy leave. Complete details are available from the delegated Human Resources Staff.
Any leave qualifying for both federal FMLA leave and leave under the state FEHA shall be counted against the employee's entitlement under both laws. This means that the employee is entitled to a single four (4) month period of leave, not a total of eight (8) months of pregnancy disability leave.
Employees who are absent up to four (4) months for a pregnancy disability may also be absent up to an additional twelve (12) weeks to care for their newborn child under the California Family Rights Leave Act (CFRA). The City’s obligation to pay for health insurance is limited to twelve (12) weeks over a twelve (12)-month period for both pregnancy disability leave and leave to bond with her newborn. If employees are absent beyond their pregnancy disability period to care for their newborn child, they are required to first use all accrued paid leave.
A. Use of Leave While on Pregnancy Disability Leave
Employees are required to use accrued sick leave, management leave, compensatory time, or any combination of accrued paid leave during the duration of their pregnancy disability leave. The employee, at her option, may also use any accrued vacation leave.
An employee who takes a pregnancy disability leave shall be eligible for reinstatement to the former position at her former rate of pay. However, if the same position is no longer available due to business necessity, the City may instead offer a job that is comparable in terms of pay, location and job content.
B. Return to Work - Physician’s Statement
The City reserves the right to require an employee returning from a pregnancy disability leave to provide a physician’s statement that certifies the employee’s fitness for duty.
Section 14.17: Sick Leave
Full-time at-will employees shall accrue sick leave at the rate of eight (8) hours per month, for up to ninetysix (96) hours per year, in Sick Leave Bank A.
A. Maximum Accumulation
1. Sick Leave Bank A
A maximum of five hundred (500) hours of sick leave may be accumulated in Sick Leave Bank A. Hours accumulated in Sick Leave Bank A are for the purpose of use in accordance with subsection B or subsection C below.
2. Sick Leave Bank B
Sick leave hours accrued in excess of five hundred (500) hours shall be placed in Sick Leave Bank B. There shall be no maximum accumulation limit on sick leave in Sick Leave Bank B. Sick Leave Bank B may only be used for the purpose of conversion to retirement service credit in accordance with subsection D below. There shall be no cash value to Sick Leave Bank B. An employee shall no longer be able to use hours, in accordance with subsection B below, once they have been deposited into Sick Leave Bank B.
B. Use of Sick Leave
Sick leave may be applied to:
1. An absence caused by illness or injury to an employee.
2. Medical and dental office appointments for examination or treatment when absence during working hours for this purpose is authorized, preferably in advance, by the department head.
3. Absence due to exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by a licensed physician that the presence of the employee on duty would endanger the health of others.
4. To attend to a qualified family member or designated person.
5. Any other reason as permitted by law
C. Payment of Accumulated Sick Leave
On December 1st of each year, and/or upon retirement with five (5) or more years of City service, an employee may elect to cash-out up to one hundred (100) hours of sick leave from Sick Leave Bank A, which has accumulated in excess of three hundred (300) hours. Payment shall be made on December 16th, or in the case of retirement with the final check issued to the employee, at the rate of one-half (½) of the employee’s regular rate of pay at the time of the payment.
No payment or retirement service credit shall be made for accumulated, but unused, sick leave from Sick Leave Bank A or B upon separation from City service, excluding retirement.
D. Conversion of Sick Leave to Retirement Service Credit Using the Credit for Unused Sick Leave (Government Code§ 20965), upon retirement, an employee may be able to convert accumulated, but unused, sick leave in Sick Leave Bank A and/or B to additional service credit.
E. Doctor’s Certificate
The department head may request that the employee submit a doctor’s certificate for unscheduled absences due to illness of duration in excess of three (3) or more consecutive days.
F. Use of Sick Leave During Introductory Period
Staff are strongly encouraged to refrain from taking sick leave unless such leave is absolutely essential during the first six months of City full-time employment as employees are expected to be at work as much as possible. Sick leave accrued for the initial six months of employment may be used after that period has been completed.
G. Sick Leave for Part-Time Employees
Parttime employees accrue sick leave pursuant to California law.
All part-time employees can use accrued sick leave for themselves for preventative care (such as physical exams) or care of an existing health condition. Part-time employees may use sick leave for the employee’s own health condition or preventative care or for that of a qualified family member or to obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking.
Section 14.18: Voting Leave
If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. An employee will be allowed a maximum of two hours of time off without loss of pay. Such time off shall be taken at the beginning or end of the regular working shift, whichever allows for more free time and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two (2) hours combined. When possible, an employee requesting time off to vote shall give their supervisor at least two (2) days’ notice.
Section 14.19: Various Other Leaves of Absence
In compliance with the California Labor Code, the City offers the following leaves:
A. Leave for Drug and Alcohol Treatment
B. Leave for Literacy Assistance
C. Crime Victim’s Leave
For more information on the above leaves, inquire with delegated Human Resources Staff.
Section 14.20: Workers’ Compensation Leave
All City employees are covered by the City’s Workers’ Compensation Insurance policy, providing temporary disability benefits for qualified work-incurred injuries or illnesses in accordance with State Workers’ Compensation Laws and the provisions of the City’s Workers’ Compensation Insurance Plan.
The laws provide that all eligible employees shall be entitled to receive temporary disability wage replacement payments in the event of a qualified work-incurred injury or illness. Eligibility is determined solely by the insurance provider. If eligible, in addition to disability payments, necessary hospital, medical, and surgical expenses may be covered under the policy, with payment being made directly to the hospital or physician. The City is responsible only for all the necessary reporting paperwork.
A. Reporting Accidents and Injuries
An employee who is injured or becomes ill in the course of employment must immediately report the incident to the employee's supervisor and the Personnel Officer. The supervisor is responsible for submitting, within 24 hours of the incident, a statement giving all details of the incident and signed by the employee. An employee who fails to promptly report a work-incurred injury or illness to their supervisor and delegated Human Resources Staff may be subject to discipline.
B. Salary Continuation Benefits
An employee eligible for temporary disability payments under the Workers’ Compensation laws will receive salary continuation payments for related lost time at the applicable workers’ compensation rate, according to Workers’ compensation rules.
C. Salary Continuation Integration with Accrued General Leave Employees receiving approved temporary disability payments under the Workers’ Compensation laws may elect to use accrued vacation leave, sick leave, management leave, compensatory leave, or any combination of accrued leave in excess of the Workers’ Compensation benefit in order to maintain their regular income level. Under such circumstances, employees shall use sufficient leave to allow them to be paid the difference between their full salary and the temporary disability payments received, in order to maintain the regular net pay received in the period before the injury. Accrued leave hours shall be charged to the extent of wages paid by the City.
D. Salary Continuation and Benefit Discontinuance After On-the-Job Disability City employees who are permanently disabled by an on-the-job injury or illness, and no longer covered by Workers’ Compensation benefits, may use accrued vacation leave, sick leave, management leave, compensatory leave, or any combination of accrued leave to continue wage payment. When all accrued leave has been exhausted, the disabled employee is no longer entitled to wage and benefit continuation as allowed by state and federal laws. The employee may also continue to receive health and welfare benefits during the period of paid disability. An employee on unpaid leave who wishes to continue health insurance coverage may do so at their expense at the City’s group rates, in accordance with COBRA provisions.
E. Anniversary Date Impacted by Workers’ Compensation Leave Only a regular employee who is absent from work as the result of a qualified work-incurred injury or illness shall retain the normal performance evaluation date and general leave accrual date. An employee who has not completed their introductory period is ineligible for certification of regular status during a work-incurred injury or illness leave and the date for completion of the introduction period will be extended to reflect the amount of time absent.
F. Placement After On-the-Job Disability
The City will make a reasonable attempt, in accordance with federal and state law, to place employees in positions for which they qualify when they become disabled by an on-the-job injury or illness.
G. Dismissal After On-the-Job Disability
Unless otherwise prohibited by law, if no vacant or suitable positions are available the disabled employee may be dismissed after the treating physician’s finding of “permanent and stationary” disability is issued. In such cases, the City’s review and appeal procedures shall apply.
CHAPTER 15: HEALTH AND WELFARE BENEFITS
The information contained in this section is intended to provide an overview of the City’s group health and welfare insurance benefits. To the extent that this information is inconsistent with the provider contract on file with the delegated Human Resources Staff, the provider contract is the controlling document.
The City provides group health and welfare insurance benefits to eligible employees. Delegated Human Resources Staff shall maintain records of the terms and conditions of health and welfare benefit contracts, benefit levels, and administration procedures. Terms, conditions, benefit levels and administration requirements may change.
Section 15.1: Eligible Employees
All introductory, at-will, and temporary full-time employees are eligible for the health and welfare benefits described in this section. Part-time employees are not eligible for health and welfare benefits but are covered by the City’s workers’ compensation insurance and other benefits mandated by federal and state law.
Section 15.2: Commencement of Benefits
With the exception of workers’ compensation insurance coverage, which begins on the employee’s first day of work, the benefits described in this section shall begin on the first day of the month after commencement of employment.
Section 15.3: Medical Insurance
The City provides eligible employees and their spouse and dependents, with a choice of qualified medical insurance providers as well as the option to waive the City’s medical insurance coverage if covered under another existing plan.
The City shall provide medical group coverage through CalPERS and employees may choose from any of the regionally offered health plans.
For current premium coverage rate information, please see delegated Human Resources Staff.
Should an employee choose a plan with a higher premium than the City covers, the difference between the premiums shall be paid by the employee via payroll deductions from the employee’s wages on a monthly basis.
The City shall not pay for any increases in deductibles, co-payments, maximum out-of-pocket expenses, costs of prescriptions, etc., that are the result of changes in the individual plans by CalPERS.
A. Medical Waiver Option
Employees who provide proof of adequate comparable group medical coverage from another source may opt to waive enrollment in a City sponsored health plan and instead receive cash in lieu of the City’s coverage. The cash shall be added to the employee’s taxable compensation. An election to reenroll in a City medical coverage plan can occur only with the permission of the insurance provider.
Section 15.4: Dental/Optical Care Benefits
The City shall administer a self-insured Dental/Optical care program, to be known as “DOC.” The Dental/Optical/Audio Care (DOC) Program is a City administered, self-insured program.
All full-time employees, who are members or annuitants of PERS shall be and remain eligible for DOC, except that there shall be no options of conversion or continuation of benefits upon discharge or termination other than retirement, nor shall any claims be processed or paid after such events, regardless of when incurred.
For current City contribution rates to the DOC Plan for the reimbursement of dental, orthodontic, audio and optical expenses per fiscal year for each employee, please see delegated Human Resources Staff. If the employee is unable to use any amount due to circumstances beyond their control, the amount will carry over for 6 months after the end of the cause for the delay, with City Council approval.
Employee claims shall be processed and paid based on invoices and/or paid receipts through a third-party administrator.
Section 15.5: Life Insurance
Each full-time employee shall be provided seventy-five thousand dollars ($75,000) in term life insurance at no cost to the employee. The City shall pay all required premiums.
Section 15.6: Short-Term/Long-Term Disability Insurance The City shall provide Short-Term (STD) and Long-Term Disability (LTD) coverage to each full-time employee. The purpose of STD and LTD insurance is to provide employees with a portion of their normal income when an injury or illness occurs on or off the job that prevents them from working for more than thirty (30) calendar days.
A. Benefits shall be payable to eligible employees after a thirty (30) day calendar year waiting period; B. Benefits shall be sixty-six and two-thirds (66⅔%) of the employee’s base monthly salary, not to exceed six thousand dollars ($6,000) per month; and
C. Benefits shall continue until age 65.
The City shall pay the premium for the short-term and long-term disability plans. STD and LTD benefits shall be governed by the terms of the short-term and long-term disability insurance policy between the City and the insurance company providing the short-term and long-term disability insurance to the City.
Section 15.7: Use of Leave While on Disability
Disability related to pregnancies is also covered under the LTD plan. Benefits generally begin following a 28-day “elimination period”. Employees may use accrued vacation leave, management leave, compensatory leave, or any combination of accrued leave during the elimination period and may also use such leave to supplement the LTD wage replacement payments. If applicable, Workers Compensation wage replacement benefits may also be integrated with LTD benefits.
Section 15.8: COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 requires the City to offer employees and their families an opportunity for a temporary extension of health coverage upon separation of employment.
The specific provisions and restrictions of the Act are available from delegated Human Resources Staff.
Section 15.9: Medicare Benefits
The City participates in the federal Medicare system, in accordance with the law, on behalf of all employees.
CHAPTER 16: RETIREMENT BENEFITS
All full-time employees are provided with retirement benefits through the City’s retirement program in lieu of the Social Security retirement system. The City’s retirement benefits consist of retirement benefits through the California Public Employees’ Retirement System (CalPERS) and voluntary 457(b) plans.
Details regarding membership and benefits are available by contacting delegated Human Resources Staff.
Part-time employees are not covered by the City’s retirement plan but are required to contribute to the City’s designated part-time retirement program in lieu of payments to the Social Security retirement system.
Section 16.1: CalPERS Retirement Plan Benefits
A. CalPERS Tier I and Tier II
There are two (2) tiers of defined benefit retirement plans based on the employee’s date of hire and/or member status with CalPERS as determined by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”).
Each retirement plan tier also defines the retirement formula, final compensation calculation, and employee contribution/cost sharing as follows:
1. Tier I: Employees Hired prior to January 1, 2013, and “Classic Members” a. Employees hired prior to January 1, 2013, or who are “classic members” of CalPERS. b. The retirement formula is 2.5% at 55 years of age.
c. Final compensation is calculated as the highest pensionable compensation earned during a period of twelve (12) consecutive months.
d. Effective the first full pay period following January 1, 2020, employees in Tier I shall contribute an additional one percent (1%) – for a total of eight percent (8%) – of compensation towards the employee’s cost of their CalPERS retirement plan. e. The City shall pay the full employer’s cost and any unfunded liability.
2. Tier II: Employees Hired on or after January 1, 2013, and “New Members” a. Employees hired on or after January 1, 2013, or who are “new members” of CalPERS. b. The retirement formula is 2% at 62 years of age.
c. Final compensation is calculated as the highest average pensionable compensation earned during a period of thirty-six (36) consecutive months.
d. Employees in Tier II shall participate in cost sharing by paying fifty percent (50%) of the normal costs of their CalPERS retirement plan, as determined by CalPERS each year. The City shall pay the remaining fifty percent (50%) of the normal costs and all other costs required by CalPERS.
B. Optional Retirement Plan Benefits
The City’s contract with CalPERS provides the following additional optional benefits to eligible employees:
1. Annual Cost-of-Living Allowance
The maximum Annual Cost-of-Living Allowance Increase (Government Code§ 21335) of five percent (5%) during retirement.
2. Pre-Retirement Death Benefit
This benefit allows the surviving spouse or domestic partner of a deceased member, who was eligible to retire at the time of death, the option to receive a Pre-Retirement Option 2W Death Benefit (Government Code§ 21548) in lieu of the lump sum Basic Death Benefit.
3. Survivor Allowance
Post-Retirement Survivor Allowance (Government Code§ 21624, 21626 & 21628). This benefit provides the allowance to continue for the surviving spouse or domestic partner upon the death of a member after retirement.
The Second Level of 1959 Survivor Benefit (Government Code§ 21574).
4. Military Service Credit
An employee with qualifying military service may purchase, at their own expense, up to four (4) years of Military Service Credit as Public Service (Government Code§ 21024).
5. Credit for Unused Sick Leave
Using the Credit for Unused Sick Leave (Government Code§ 20965), upon retirement, an employee may convert accumulated sick leave to additional service credit.
Section 16.2: Deferred Compensation Plan
The City shall offer a 457 deferred compensation plan to all full-time employees. An employee may make voluntary contributions, up to the legal limit, to their individual plan.
Section 16.3: Retiree Health Benefits
A. Retiree Medical
There are two (2) tiers of retiree medical benefits available based on the employee’s initial date of hire with the City. Each tier also defines any applicable vesting period.
1. Tier A: Employees Hired prior to August 1, 2008
Employees hired prior to August 1, 2008, who retire from City service, will be eligible for health care benefits upon retirement.
Upon retirement, this becomes a vested right for each retiree and the City will continue to pay one hundred percent (100%) of the cost of the health insurance premiums for such retirees and their eligible dependents until death.
2. Tier B: Employees Hired on or after August 1, 2008
Employees hired on or after August 1, 2008, who retire from the City after five (5) or more consecutive years of service with the City, will be eligible for health care benefits upon retirement.
Upon retirement, this becomes a vested right for each retiree and the City will continue to pay the health insurance premiums for such retirees and their dependents until death, based on the following vesting formula adopted by Resolution Number 08-4723:
Years of CalPERS Service Credit Percentage of Employer Contribution 10 or less 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
B. Retiree DOC Plan
Each full-time employee who retires from City service shall be able to continue to participate in the City’s DOC Plan for dental, orthodontic, audio, and optical expenses in the same manner and to the same extent as active employees.
CHAPTER 17: TRAINING AND DEVELOPMENT
Section 17.1: Training Program
Training and other professional development opportunities relating to the improvement of the delivery of City services will be provided to employees depending on available budgeted funds, employee performance, and department staffing needs, as determined in the discretion of the department head and the Personnel Officer. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or other methods as may be deemed appropriate for the purpose of improving the on-thejob effectiveness, skills and knowledge of City employees.
The Personnel Officer or department head may require an employee to attend specific training as appropriate.
Section 17.2: Attending Conferences, Seminars and Workshops Personnel Officer approval is required prior to registering for any training program, outside conference, seminar, or workshop for which City funds are required or which will occur during regular working hours, or both.
Section 17.3: Expense Reimbursement
In order to receive reimbursement for eligible personal expenses after attendance at a training program, the employee shall complete a reimbursement form, pursuant to the Reimbursable Expenses Policy which is included in the City’s Administrative Policy Manual. The form will identify expenses eligible, receipts necessary, and methods of reimbursement calculation.
Section 17.4: Professional Associations and Technical Groups The Personnel Officer may approve payment for membership in craft, trade or other professional organizations for an employee. The employee shall provide evidence of active participation to justify continued membership payment. The City may reimburse the costs of attendance at professional association meetings and workshops. With prior approval, the City may allow the employee to attend the workshop on City time.
Section 17.5: Education Reimbursement Policy
Education reimbursement is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Employees shall not be entitled to overtime or compensatory time off for participating in such voluntary training or off-duty instruction.
Prior to enrolling in a class for training, an employee wishing reimbursement for their eligible expenses shall obtain the approval of the Personnel Officer as to course content and its relationship to the employee’s employment with the City, as well as the recommendation of the Department Head. This approval is at the sole discretion of the Personnel Officer.
Employees who expect to apply for reimbursement must submit a Request for Education Reimbursement Application Form to their Department Director and receive approval as to job relatedness. The form is then submitted to the Personnel Officer for approval two weeks prior to enrollment in the class. The City reserves the right to investigate any school and approve or disapprove it for reimbursement if such action appears warranted.
Education reimbursement may be considered taxable income in some instances. The City will report Education Reimbursement payments to the Internal Revenue Service in keeping with current tax regulations.
A. Eligibility
Employees must:
1. Be on an active pay status during the entire duration of the course. Employees on any paid or unpaid leave of absence, including, but not limited to disability leave, medical leave, and/or worker’s compensation leave, are not eligible for the program;
2. Perform their job in a successful manner and;
3. An applicant who is eligible for full reimbursement or assistance from any other organization, association, or governmental agency is not eligible for tuition reimbursement under the City’s program.
4. If an applicant is eligible for veteran’s assistance benefits, but cannot, however, collect for a particular course/program (e.g. fire command school), application for reimbursement will be considered if a grade of “C” or better is received, and the applicant is not doubly compensated.
B. Repayment
Education reimbursement shall be repaid to the City should the employee separate from City service within one (1) year of receiving such reimbursement.
C. Eligible Expenses
Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree, certification or licensure may apply for reimbursement of tuition, books, course material fees, tests, student fees and parking.
D. Maximum Reimbursement
Reimbursement is capped each calendar year at the tuition rate of the California State University (CSU) system for up to four (4) terms of enrollment each calendar year.
E. Eligibility for Reimbursement
Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses, a grade of “B” or better for graduate courses, or a certificate of completion for technical/vocational courses.
The employee shall submit a copy of the official transcript or certificate of completion along with all receipts to delegated Human Resources Staff.
All claims for tuition reimbursement require prior written approval and are subject to verification and approval by the Personnel Officer.
Example: Employee attends CSU Los Angeles for a term and completes two (3 unit) undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
Example Tuition Reimbursement
CSU Tuition $ 3,174.00 (0-6 units)
Required Student Fees $ 171.00
Parking $ 90.00
Books and Course Material Fees $ 600.00
Total: $ 4,035.00
Section 17.6: Recognition in Training and Professional Development Records of participation in and successful completion of training and educational programs shall be maintained in the employee’s personnel file and may be considered when employee performance evaluations are conducted. Such information may also play a role in promotional decisions.
CHAPTER 18: SAFETY AT WORK
Section 18.1: Personnel Officer Responsibilities
The Personnel Officer will oversee and maintain records of the City’s system for communicating with employees on health and safety matters. The Personnel Officer may establish and enforce safety rules and training and employee recognition programs to help ensure that employees comply with safe and healthy work practices. The Personnel Officer may also conduct periodic inspections to identify and evaluate unsafe or hazardous conditions and work practices.
Section 18.2: Employee Responsibilities
Each employee of the City is responsible for identifying workplace hazards and unsafe conditions. The employee shall immediately report any such hazards or unsafe conditions to the supervisor, department head, delegated Human Resources Staff, or Personnel Officer. Retaliation against an employee for reporting a workplace hazard is prohibited.
Employees are required to observe all City rules and instructions, both verbal and written, relating to the safe performance of their work. Failure to comply with any safety rule or instruction may be grounds for disciplinary action, up to and including termination.
Section 18.3:Injury & Illness Prevention Program
The City is committed to the goal of providing a safe workplace, in accordance with state and federal law and has established a Written Injury & Illness Prevention Program (“IIPP”). General Industry Safety Orders Section 3203 requires all employers to develop and implement an effective injury and illness prevention program. Specific elements of a safety program are required to be included in the City’s program.
The Director of Administrative Services is responsible for administering the City’s Injury and Illness Prevention Program through Management and Supervisory personnel within the City’s departments.
Management and/or Supervisory personnel will be directly responsible for implementing and maintaining the IIPP for the safety and welfare of City employees in their work areas. All employees, including Managers and Supervisors, are responsible for complying with safe and healthful work practice.
A. Employee Safety Responsibilities
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their work activity.
2. Attend training sessions as scheduled.
3. Know the job and always apply safe work practices.
4. Recognize the hazards of the job and take precautions to ensure the safety of themselves and others.
5. Immediately advise their supervisor if the working conditions, tools, or equipment are unsafe.
6. Actively participate and cooperate in the overall safety program.
7. Use all personal protective equipment as required.
8. Comply with all safety instructions from supervisors.
9. Obey all health and safety warning signs and standards.
10. Immediately report all accidents (vehicular or personal) regardless of severity to the supervisor.
11. Do not jump from truck beds, platforms, fences, or other elevated places.
12. Do not take shortcuts in or over dangerous places.
13. Pay strict attention to work and do not participate in practical jokes or horseplay.
14. Do not wear loose clothing and jewelry while working on or near equipment and machines.
B. Supervisor Safety Responsibilities
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their area of authority.
2. Attend training sessions as scheduled.
3. Ensure that employees and subcontractors under their direction are aware of and comply with the IIPP policy and specific work procedures or rules as they apply.
4. Discipline employees, per the City’s disciplinary action policy, for violations of the IIPP and specific work procedures or rules as they apply.
5. Investigate accidents and new miss incidents in a timely manner, including documenting all aspects of the incident, identifying the cause, and implementing the corrective actions to prevent reoccurrence.
6. Correct any unsafe conditions or work practices observed in a timely manner.
C. Managerial Safety Responsibility
1. Become familiar and comply with the IIPP and specific work procedures or rules as they apply to their area of authority.
2. Attend training sessions as scheduled.
3. Ensure that employees and contractors are aware of and comply with the IIPP and specific work procedures or rules and Cal/OSHA regulations.
4. Discipline employees, per the City’s disciplinary action policy, for violations of the IIPP and specific work procedures or rules as they apply.
5. Review accident investigations in a timely manner and ensure that all aspects of the incident are documented and implement corrective actions to prevent reoccurrence.
6. Correct in a timely manner any unsafe conditions or work practices observed.
D. Safety Program Communication
All Managers and Supervisors are responsible for communicating with all their employees about occupational safety and health in a form readily understandable by all employees. Our communication system encourages all City employees to inform their Managers and Supervisors about workplace hazards without the fear of reprisal.
1. Initial Training
The IIPP will be included as an element of the new employee orientation including a discussion of safety and health policies and procedures.
2. Safety Meetings
Safety meetings will be conducted on a monthly basis at each facility. All meetings will include information on the following subjects as applicable:
a. Review of IIPP practices, policies, or procedures
b. On-the-job safety information
c. Feedback from employees on hazards, safety suggestions, or concerns d. Review of previous accidents, causes, and corrective actions e. Recognition for compliance, good safety practices or attitude Safety meetings are required by Cal/OSHA in order to successfully communicate important information to employees, as well as promote safety awareness. The meetings will be documented, and information will be discussed during regularly scheduled Staff meetings. Safety meetings may be held more frequently as deemed necessary by the creation of hazards or occurrence of injuries and/or illness.
3. Employee Suggestions
Employees will be afforded an opportunity to make safety suggestions and/or express their concerns. This opportunity will be by means of an employee safety suggestion. Employee suggestions may be made anonymously but, in any case, no employee shall be disciplined, demoted or otherwise discriminated against for making a suggestion. Response to suggestions will be documented and the employee notified as to the outcome. Anonymous suggestions will be considered as seriously as non-anonymous suggestions; responses shall also be documented and posted for all employees to review.
E. Identification, Evaluation, and Prevention of Occupational Safety and Health Hazards Monthly safety inspections will be conducted by a team of selected department members (Director of Administrative Services, Public Works staff member, and/or Management Assistant) to identify and evaluate workplace hazards in the following areas:
1. City facilities
2. When new substances, processes, procedures, or equipment, which present potential new hazards are introduced into the workplace
3. When new, previously unidentified hazards are recognized
4. When occupational injuries and illnesses occur
5. Whenever workplace conditions warrant an inspection
F. Accident/Exposure Investigations
Employees shall report all accidents, industrial injuries, illnesses or incidents (including near miss incidents) to their manager and/or supervisor immediately.
The investigation shall include interviewing injured workers and witnesses, examining the workplace for factors associated with the accident/exposure, determining the cause of the accident/exposure from reoccurring, and recording the findings and action taken.
G. Hazard Correction
Unsafe or unhealthy work conditions, practices or procedures shall be corrected and abated as soon as possible or remove employees from the hazard. Hazards shall be corrected according to the following procedures:
1. When observed or discovered; and
2. When an imminent hazard exists which cannot be immediately corrected or abated without endangering employee(s) and/or property, all employees will be evacuated from the facility to a safe location until the situation is corrected.
H. Safety Training
All employees, including Managers and Supervisors, shall have training and instruction on general and job-specific safety and health practices. Training and instruction is provided:
1. To all new City of La Puente employees;
2. To all City employees, given new job assignments, for which training has not previously been provided;
3. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;
4. Whenever City supervision is made aware of a new or previously recognized hazard;
5. To Supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed; and
6. To all employees with respect to hazards specific to each job assignment.
General workplace safety and health practices include, but are not limited to, the following:
1. Implementation and maintenance of the IIPP.
2. Emergency action and fire prevention plan.
3. Provisions for medical services and first aid including emergency procedures.
4. Prevention of musculoskeletal disorders, including proper lifting techniques.
5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and promptly cleaning up spills.
6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety.
7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors.
8. Proper reporting of hazards and accidents to supervisors.
9. Hazard communication, including employee awareness of potential chemical hazards, and proper labeling of containers.
10. Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated.
I. Recordkeeping
The City of La Puente is recognized as a Category 1 employer having twenty or more employees and is taking the following steps in implementing and maintaining the City's IIPP:
1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe condition and work practices, are recorded on a hazard assessment and correction form.
2. Documentation of safety and health training for each employee, including the employee's name or other identifier, training dates, type(s) of training, and training providers, are recorded on an employee training and instruction form.
3. Inspection and training documentation will be maintained for one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment.
J. Reporting Of Hazards/Unsafe Conditions
All employees shall immediately report all workplace hazards to their Supervisor and the following staff member at their respective facility:
CITY HALL
Director of Administrative Services
15900 E. Main St.
La Puente, CA 91744
Phone: ( 626) 855-1509
SENIOR CENTER
Community Services Coordinator
16001 Main St.
La Puente, CA 91744
Phone: (626) 855-1570
COMMUNITY CENTER/YLAC
Director of Community Services
501 N. Glendora Ave.
La Puente, CA 91744
Phone: (626) 855-1534
MAINTENANCE YARD
Maintenance Superintendent
523 N. Glendora Ave.
La Puente, CA 91744
Phone: (626) 855-1568
Section 18.4: Inclement Weather Gear
Upon hire and each October, the City will provide an inclement weather uniform jacket for use by the Maintenance Division and Recreation Department personnel.
Section 18.5: Safety Boots
Upon proof of purchase, Maintenance Division personnel shall be reimbursed up to two hundred dollars ($200.00) per fiscal year for the cost of steel-toed work boots.
CHAPTER 19: SECURITY AND PRIVACY
Section 19.1: Personnel Files
The City maintains one official personnel file for each employee, which is the sole property of the City.
The City may also maintain a separate, confidential medical file when individual employee circumstances arise, which involve the receipt of medical records. Delegated Human Resources Staff in accordance with state and federal guidelines shall maintain all confidential files and records related to employment with the City.
Section 19.2: Access to Personnel Files
An employee shall have the right to view the employee's personnel files in the presence of the Personnel Officer. An employee may, with advance notice of at least one week, have copies of items in the file that have been signed by the employee.
Section 19.3: Updating Personnel Files
The employee shall notify delegated Human Resources Staff of changes in name, address, telephone number, driver’s license, number of dependents, marital status, beneficiary designation, education certificates, or any other pertinent information within 10 business days of the event causing the change.
Section 19.4: Outside Inquiries
When confidential information about a City employee is requested by anyone other than the employee, the City will verify position(s), salary, and employment dates only. Any other information, including address and phone numbers, will be released only with prior written authorization from the employee or by court order. All reference inquiries regarding City employees shall be referred to the Personnel Officer.
Section 19.5: Inspection of City Property
The City reserves the right, at all times, and with or without prior notice, to inspect and search any and all City property, if there is reasonable cause, to determine if misuse of City property has occurred and to promote safety in the workplace in compliance with state and federal laws. Such inspections may be conducted during or after business hours. Whenever possible, an inspection shall be conducted in the presence of the employee, with due regard for the employee's privacy rights.
CHAPTER 20: BUSINESS ETHICS AND CONFLICT OF
INTEREST
It is the policy of the City to conduct business in accordance with the letter and the spirit of the law and in conformity with ethical standards.
Conflict of interest describes any circumstance that could cast doubt on an employee’s ability to act with total objectivity with regard to the interests of the City. The City has developed the following policies in an effort to limit the possibility of such conflicts arising.
Employees must not take any action on behalf of the City that violates any law or regulation. Employees must adhere to high moral and ethical standards in the conduct of business. Employees may not engage in activity that results in a conflict of interest with the City or that reflects unfavorably on its integrity.
Employees violating these standards are subject to disciplinary action, up to and including termination of employment.
In situations and on issues involving ethical or moral judgments, employees may sometimes have difficulty determining the correct course of action. In such situations, employees are urged to discuss the matter with the Personnel Officer or delegated Human Resources Staff.
Certain management employees are subject to the City’s Conflict of Interest Code disclosure requirements.
During the employee’s workday, they are expected to devote their full time in the performance of their assigned duties as a City employee.
An employee shall not engage in any employment, activity or enterprise that is inconsistent, incompatible or in conflict with their duties, functions or responsibilities as a City employee, nor shall they engage in any outside activity which will directly or indirectly contribute to the lessening of their effectiveness as a City employee.
Section 20.1: Employee Organization
No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these rules and regulations.
Section 20.2: Election Campaign Activities
No employee shall engage in any type of activity relating to election campaign activities during such time an employee is on duty.
Section 20.3: Political Activities
All City employees are prohibited from using their official position with the City in an effort to influence the outcome of a political campaign or ballot measure; engaging in political activity during work hours or while in City uniform; using City facilities or materials for any political campaign or ballot measure.
Section 20.4: Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the appointing authority shall consider, among other pertinent factors, whether the activity:
A. Receipt of Money
Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of their City employment or as a part of their duties as City employee; or,
B. Performance of an Act
Involves the performance of an act in other than their capacity as a City employee which act may later be directly or indirectly related to the control, inspection, review, audit or enforcement by such employee or the department by which they are employed; or, C. Efficiency
Involves conditions or facts which would probably directly or indirectly lessen the efficiency of the employee in their regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee; or,
D. Private Gain
Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one’s City office or employment; or, E. Solicitation of Future Employment
Involves the solicitation of future employment with a business doing business with the City over which the employee has some control or influence in their official capacity at the time of the transaction.
F. Improper Use of City Equipment Prohibited
No City-owned equipment, autos, trucks, instruments, tools, supplies, machine, badge, identification cards, or other items, which are the property of the City shall be used by an employee except upon prior approval of the appointing authority.
No employee shall allow any unauthorized person to rent, borrow or use any of the items mentioned above unless upon prior approval of the appointing authority.
G. Violations and Penalties
Any violation of this provision respecting such outside employment or activity, or improper use of City equipment, shall constitute grounds for disciplinary action including dismissal of a City employee who commits such violation.
Section 20.5: Outside Employment Causing Conflict of Interest No employee shall engage in employment or outside business activity that may constitute a conflict of interest for the employee or the City. Employees shall advise the Personnel Officer in writing before engaging in any employment or business activity other than employment with the City.
While employed by the City, employees are expected to devote their energies to their jobs with the City.
Employees are expected to adhere to high ethical standards and avoid situations that create an actual or potential conflict between the employee’s personal interests and the interests of the City. A conflict of interest exists when the employee’s loyalties or actions are divided between the City’s interests and those of another, such as a competitor or supplier. Both the fact and the appearance of a conflict of interest should be avoided.
At-will full-time employees may not hold an outside salaried or fee-based job without approval of the Personnel Officer, or authorized designee. The Personnel Officer, or authorized designee, may provide written approval of the outside employment, either upon hire by the City or when an employee requests additional employment so long as the outside job will not interfere with the employee providing satisfactory performance of their job responsibilities for the City. Outside employment will present a conflict of interest and be prohibited if it has an actual or potential adverse impact on the City.
No employee shall engage in non-city employment during the employee’s working hours for the City.
An employee who has non-city employment is expressly prohibited from wearing any City uniform, emblem, badge or other employee identification when engaged in non-city employment.
The following types of employment elsewhere are strictly prohibited:
A. Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at the City;
B. Additional employment that creates a conflict of interest or is incompatible with the employee’s position with the City;
C. Additional employment that impairs or has a detrimental effect on the employee’s work performance with the City;
D. Additional employment that requires the employee to conduct work or related activities on City property during the employee’s working hours or using City facilities and/or equipment; and E. Additional employment that directly or indirectly competes with the business or the interests of the City.
Any employee who wishes to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to delegated Human Resources Staff explaining the details of the additional employment. If the additional employment is authorized, the City assumes no responsibility for it. The City shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.
Section 20.6: Fraud Prevention and Detection
It is the intent of the City to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations.
This policy applies to any fraud, or suspected fraud, involving employees, consultants, vendors, contractors, outside agencies, and/or any other parties with a business relationship with the City. This policy also applies to any fraud or suspected fraud involving City officials.
Any investigative activity required will be conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to or with the City.
Fraud for the purposes of this policy is defined as the use of one’s position for personal enrichment through the deliberate misuse, theft or misapplication of the City’s resources or assets The types of fraud intended to be covered by this policy include theft or misuse of the City’s assets, including cash, submitting false time cards or invoices, check tampering, forgery or alteration of any official City document; disclosing to third parties, securities activities engaged in or contemplated by the City; misuse of City vehicles, equipment or supplies; offering, giving, receiving or soliciting anything of value to influence a business decision or official act; falsification of the City’s financial statements; and other similar questionable conduct by City officials, City employees, contractors, consultants, vendors, or agents of the City, which put City assets, funds, or property at risk of waste or abuse.
Any employee (including managers) or City official who suspects fraud has, may have, or will occur must report such suspicion(s) immediately to delegated Human Resources Staff. Delegated Human Resources Staff shall in turn immediately notify the Personnel Officer, Director of Administrative Services, and City Attorney. Delegated Human Resources Staff shall coordinate any and all investigations undertaken as a result of such reported fraud, with the Personnel Officer, City Attorney, and any external agencies involved in such investigation(s).
Employees who knowingly make false allegations may be subject to discipline.
Section 20.7: Other Inappropriate Conduct
Suspected improprieties concerning an employee’s moral, ethical, or behavioral conduct which does not appear to fall within this policy should be addressed and resolved by departmental management and delegated Human Resources Staff in accordance with disciplinary procedures as stated in this Comprehensive Personnel Policy handbook.
If there is any question as to whether an action constitutes fraud within the meaning of this policy, please contact delegated Human Resources Staff for guidance.
Section 20.8: Safeguard City Funds
City funds and property may not be used for any unlawful purpose. This prohibition includes, but is not limited to:
A. unlawful political contributions,
B. payments to governmental officials or employees,
C. illegal rebates or refunds and
D. payments or commitments made with the understanding or under circumstances that would indicate that these payments are kickbacks, bribes or to obtain influence.
No unrecorded fund shall be established or maintained for any purpose.
All financial transactions shall be promptly recorded on the books of the City. No false or misleading entry shall be made for any reason. All substantive commitments and agreements must be documented, properly authorized and disclosed to the City Council.
Employees shall not make commitments or agreements beyond what is authorized by the City Council.
This authorization may be in the budget document or by explicit policy or resolution, or minute order.
No payments shall be made with the understanding that any part is to be used for any purpose other than that described by the records supporting the payment.
Section 20.9: Gratuities
Gifts of cash or cash equivalents from any person or entity doing business with the City are never permissible if the amount exceeds $50. An employee may not solicit or directly or indirectly accept any gift, gratuity, cash or check from any person or organization, for either the performance or nonperformance of assigned duties Gifts, favors and entertainment may be given to others at the City’s expense only if they are consistent with accepted business practices and are of such limited value that they cannot be considered as a bribe or pay-off.
Section 20.10: Ethics Expectations
The highest standards of honorable and ethical conduct must be observed in all relationships with other agencies and the public. It is prohibited to make disparaging statements, take any other unfair actions or participate in any activity intended to damage the City, other agencies or the public.
If an employee is asked by another employee or supervisor to:
A. perform any act that appears unlawful,
B. make any unlawful entry on the City’s records or reports, C. omit any entry that should lawfully be made,
D. suppress or hide any information that may result in detriment to the City or be in violation of the law, or disclose information of a confidential nature except when legitimately required, It is that employee’s duty and responsibility to bring the matter to the attention of delegated Human Resources Staff. An employee who files a grievance of this nature will not be retaliated against.
City letterhead/stationery may be used only for City matters and not for personal or non-official correspondence.
Section 20.11: Safeguard Confidential Information
Employees are responsible for safeguarding confidential information obtained during employment. In the course of the work, employees may have access to confidential information regarding the City, its elected officials or fellow employees. It is the employee’s responsibility to protect and in no way reveal any such information, including to any media, unless it is necessary for the employee to do so in the performance of duties or required by law.
Section 20.12: Conducting Business with Family Members
Written approval from the Personnel Officer is required before an employee may conduct business on behalf of the City with a member of the employee’s family or a business or organization in which the employee or a family member has a significant association or interest.
Section 20.13: Employee Questions
Employees who have questions about whether an activity may constitute a conflict of interest should discuss the matter with the supervisor, department head or the Personnel Officer before becoming involved.
Section 20.14: Investigation Responsibilities
Delegated Human Resources Staff have the primary responsibility for the investigation of all suspected fraudulent acts as defined in this policy. Delegated Human Resources Staff shall coordinate the investigation with the City Attorney. The investigation may be conducted by an independent investigator.
Investigation results will be discussed with the City Attorney, the Personnel Officer and Director of Administrative Services, unless a conflict of interest precludes such discussion. Upon advice of the City Attorney, delegated Human Resources Staff will contact the Los Angeles County District Attorney’s Office and/or the Los Angeles County Sheriff’s Department.
Once the possibility of fraud has arisen, delegated Human Resources Staff shall take steps necessary to preserve relevant evidence, including ensuring that relevant evidence is placed in a secure location, access to the evidence is limited to essential personnel, and electronic data is preserved to prevent intentional or inadvertent destruction.
A. Confidentiality
Delegated Human Resources Staff treats all information received confidentially. An employee or City official who suspects fraudulent activity will notify Human Resources Division immediately and shall not attempt to personally conduct an investigation (see Section 19.15 below).
Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know.
Any reporting person who believes they are being retaliated against for having reported the suspected fraud shall notify delegated Human Resources Staff or their supervisor immediately.
Section 20.15: Reporting Procedures
An employee or City official who discovers or suspects fraudulent activity shall complete a “Fraud Allegation Form,” available by contacting delegated Human Resources Staff. Complete forms and any attachments must be in a sealed envelope marked “Confidential” and e-mailed, mailed, or delivered to the Human Resources Division immediately.
All inquiries concerning the investigation shall be directed to the investigator or the delegated Human Resources Staff.
The reporting individual should be informed of the following:
A. Do not contact the suspected individual in an effort to determine facts or demand restitution.
B. Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by delegated Human Resources Staff.
Any disciplinary actions up to and including termination will be undertaken with disciplinary procedures as stated in this Comprehensive Personnel Policy.
CHAPTER 21: MISCELLANEOUS
Section 21.1: Reimbursement Policy
Employees shall be reimbursed for expenses incurred as a direct result of employment, subject to budgetary appropriation and the approval of the Personnel Officer. Appropriate documentation and timely submittal of requests for reimbursement shall be required of all employees.
Section 21.2: Personal Auto Use
Employees shall receive auto mileage reimbursement only for approved City business in accordance with the established Vehicle and Vehicle Expense Reimbursement Policy, which is included in the Employees’ Policies Manual. Employees shall be required to provide proof of insurance coverage prior to receipt of reimbursement.
Section 21.3: Employee Recognition Program
The Employee Recognition Program is designed to motivate, recognize, and reward employees who exhibit exceptional performance and work ethic and are dedicated to providing the best service to internal and external customers, including the citizens of La Puente.
Employees are selected for recognition by using the criteria provided in the following program outline. The selection is then reviewed by the appropriate Department Head and the Personnel Officer. Once the review is complete, the employee is presented with a certificate and award. Some awards carry different values and are determined below.
A. Eligibility
All full-time employees at all levels of the organization, except for the Part-Time Employee Shout-Out Award and the Part-Time Employee Outstanding Performance Award.
Part-time employees are only eligible for the Part-Time Employee Outstanding Performance Award, the Part-Time Employee Shout-Out Award, and the Employee Service Award.
Elected officials, appointed officials, contractors, and consultants are not eligible.
B. Nominations
Supervisors may nominate subordinate staff, and peers may also nominate each other. Nominations must be sent to the appropriate Department Head who must approve the nomination before it is sent to the Personnel Officer for final approval. The only awards not subject to nomination are the Civic Leadership Award and the Employee Service Award which is determined based on date of hire.
C. Award Types
1. Spotlight Award
Candidates for this award are recognized for going "above and beyond the call of duty." The award is given in the form of a written commendation to be put in the employee’s Personnel File. This award can be given out as frequently as every City Council Meeting and includes a gift card not to exceed $20 dollars.
2. Award of Excellence
Candidates must have accomplished any of the following:
a. Outstanding public service that is consistently high; b. Consistently superior work standards;
c. Outstanding participation in, or development of, a special program; d. Development of a procedure that has effectively increased efficiency in work operations or customer service.
The Department Head determines the amount of the award, based upon the degree of achievement of the above criteria. The award is given in the form a plaque and may include a gift card ranging from $50 to $100. This award may be given once a year by each department during a City Council Meeting.
3. Civic Leadership Award
Initiated by the Personnel Officer. The nominated candidate is someone who is making a significant and positive impact on advancing the City as an organization and community. This recognition is given in the form of a glass or acrylic award and is given once a year by the Personnel Officer during a City Council meeting. Gift cards can be in the range of $100 to $150.
4. Part-Time Employee Shout-Out Award
Candidates for this award are recognized for going beyond job scope to assist a fellow employee, citizen or customer. The award is given in the form of a commendation to be put in the employee’s Personnel File. This award can be given out as frequently as every City Council Meeting and includes a gift card not to exceed $20 dollars.
5. Part-Time Employee Outstanding Performance Award
Candidates must have accomplished the following:
a. Consistently performs high quality work;
b. Performs extra duties beyond those normally assigned; c. Displays exceptional dependability;
d. Creates a positive work environment.
Supervisors and Department Heads may nominate any part-time employee. This award is given in the form a plaque and may include a gift card ranging from $50 to $100. This award may be given once a year by each department during a City Council Meeting.
6. Employee Service Award (Full-Time and Part-Time)
The following award is given to recognize and express appreciation to employees for their total length of service to the City. Milestones include 5, 10, 15, 20, and 30 plus. Awards will be given in the form of a certificate and memento during a Council Meeting following the employees’ anniversary milestone date.
Section 21.4: Ergonomics Policy
The City believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being for all employees. The City encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines as found in the City’s Injury, Illness Prevention Policy (IIPP). While the City is committed to supporting the ergonomic needs of its employees and it will make necessary adjustments in a proactive manner to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. Employees are expected to take the initiative to inform their supervisor of their specific workplace ergonomic challenges e.g. requirements for more supportive seating, standing work stations, different keyboards, support to lift and move heavy materials, etc.
A. Request Interactive Discussion for Reasonable Accommodations to Obtain Ergonomic Support If an employee feels that they are suffering from a work-related repetitive motion injury (RMI) or other injury or ailment caused by their body’s interaction with the work equipment and/or furniture they are assigned, they must immediately report the situation to their supervisor. The report should be made in writing, although initial verbal reports will also be accepted. Supervisors are responsible for ensuring Ergonomic support, and as appropriate Occupational Health support is provided if employees are experiencing injuries. Worker’s Compensation insurance forms are completed and submitted in a timely manner if employees are injured in the course of their work.
If an employee feels that they are suffering from a work-related RMI or other injury or ailment, they must immediately report in writing such injury or ailment to their supervisor or delegated Human Resources Staff. This may lead to a Workplace Injury report being filed.
B. Reasonable Accommodations
Once an employee makes a request for ergonomic support, the supervisor and employee are expected to engage in interactive discussions, so the appropriate reasonable accommodations can be identified and implemented. The City may engage ergonomic specialists to provide expert advice on the best tools and workstation setup.
Note: Reasonable means effective and economically feasible accommodations.
Appendix A
Conducting Criminal Background Checks and Securing Received Criminal History Information
Note: these activities are normally observed by delegated Human Resources Staff and are conducted during the recruitment process for new employees. The activities are completed before the employee is onboarded.
This is why these activities are included as an Appendix, not a policy that must be observed on an ongoing basis, by most City employees.
To ensure that the interests of the City, its employees and members of the public are protected and to help minimize potential liability, the City Council has passed a resolution authorizing the Personnel Officer to obtain from the Department of Justice summary criminal background information on applicants for employment and volunteer positions.
The City desires to identify those prospective employees and volunteers who have a criminal history so that information about criminal history can be used in employment decisions.
The City wishes to comply with Public Resources Code Section 5164 which requires that the City take reasonable steps to determine if a prospective employee or volunteer has been convicted of any crimes specified in Penal Code Section 11105.
The City shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment or to be a volunteer if the felony or misdemeanor is to a crime specified in Section III below as being relevant to the employment in question or in the case of a crime not actually listed it is determined by City Attorney to be substantially similar in nature to those listed that a reasonable person would have had notice that such a crime would bar employment.
A. Authority
California Penal Code Section 11105 allows cities, counties and districts to obtain state summary criminal background information from the Department of Justice if the City Council has given the Personnel Officer authority to obtain such records. The Personnel Officer has such authority pursuant to Resolution No. 05-4458 of the City.
B. Applicability
1. The City shall obtain criminal background information on all prospective full-time and part-time employees and volunteers, including recreation employees and volunteers. The City shall not hire individuals if records show convictions of the following crimes of moral turpitude within ten (10) years of the date of application or after hiring:
Section 68: Asking for or receiving bribes
Section 72: Presentation of fraudulent claims
Section 73, 74: Bribes for appointment to office
Section 187, 189: Murder
Section 209: Kidnapping for ransom, extortion or robbery Section 211: Robbery: taking personal property in possession of someone by force or fear
Section 245: Assault with deadly weapon
Section 261: Rape
Section 451: Arson of structure, forest land or property Section 459: Burglary
Section 484: Theft
Section 503: Embezzlement: fraudulent appropriation of property by a person to whom it has been entrusted
Section 518: Extortion: obtain property by a wrongful use of force or fear or under color of official right
2. In addition to Section 1 above, for positions relating to interaction with minors the following areas shall also be grounds to not hire or for discipline up to and including termination:
a. Violations or attempted violations of Penal Code Sections 220, 261.5, 262, 273a, 273d, or 273.5, 288, or any sex offense listed in Section 290.
b. Any crime described in the California Uniform Controlled Substances Act (Division 10, commencing with Section 11000, of the Health and Safety Code), provided that, except as otherwise provided in subdivision (c), no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10-year period.
c. Any felony or misdemeanor conviction within 10 years of the date of the employer’s request under subdivision (a), for a violation or attempted violation of Chapter 3 of Title 8 of the California Penal Code (commencing with Section 207), Section 211 or 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code (commencing with Section 236), Chapter 9 (commencing with Section 240), and for a violation of any of the offenses specified in subdivision (c) of Section 667.5, provided that no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10-year period.
d. Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct.
3. In addition to those crimes listed in Section 1 above, for positions relating to use of public funds and public records, the following shall also be grounds not to hire or for discipline up to and including termination:
Section 115, 1153: Use of a false or forged public record; alteration of certified copy of public record
Section 424: Embezzlement and falsification of accounts Title 13, Chapter 4: Any violation of forgery and counterfeiting
4. For positions requiring strict public confidence, in addition to Sections 1, 2, and 3 above, any penal code violation which resulted in conviction shall be grounds not to hire and after hiring grounds for discipline up to and including termination.
C. Assignment Responsibility
It is the applicant’s responsibility to report any conviction or arrest pending final adjudication to the City. The information shall be included on all employment applications. Once a person has been hired under this procedure, convictions or arrests pending conviction which occur that are in the list specified for that employee under Section III above, the employee or volunteer shall report that conviction or arrest to their supervisor who shall forward the information to the Department Head and Personnel Officer. Alternatively, the Personnel Officer may be informed directly.
D. Procedures
All prospective City employees and volunteers shall be subject to a criminal records check as a condition of employment.
1. The City shall submit a completed Applicant Fingerprint Card to the Department of Justice accompanied by any other forms or information required by the Department of Justice in order to obtain the criminal background information.
2. Any information obtained from the Department of Justice shall be used to determine whether the applicant shall be offered a position with the City.
For any employee or volunteer who has been hired subsequent to the adoption of the policy, who passed the initial screening, the individual must sign an acknowledgement that conviction of crimes listed in Section III above under their job category or determined to be substantially similar by the City Attorney shall be grounds for disciplinary action up to and including termination. Further, any such individual has the responsibility to report any such conviction to the Personnel Officer.
The City shall enter into a contract with the Department of Justice so that any subsequent conviction or arrest information concerning an employee or volunteer that was originally hired subject to this policy may be obtained.
1. Any information about existing employees’ or volunteers’ convictions and/or arrests pending adjudication shall be reported to the employee’s or volunteer’s department manager or the Personnel Officer.
2. Upon receipt of information regarding a conviction and/or arrest pending adjudication which is specified as not acceptable for the given position in Section III above, the Department Head and the Personnel Officer shall evaluate the effect and potential effect of the employee’s or volunteer’s record or arrest on their position of employment, fellow employees and the public, and shall take appropriate action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer.
E. Confidentiality
State summary criminal history information is confidential and shall not be disclosed, except to those individuals designated to make employment decisions.
Pursuant to California Penal Code Section 11077 the Attorney General is responsible for the security of Criminal Offender Record Information (CORI) and has the authority to establish regulations to assure the security of CORI from unauthorized disclosures. The following are requirements as prescribed by the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security for any agency that maintains or receives criminal history information.
1. Record Security
Any inquiries regarding the release, security or privacy of Criminal Offender Record Information (CORI) are to be resolved by the Personnel Officer.
2. Record Storage
CORI shall be under lock and key and accessible only to the Personnel Officer who shall be committed to protect CORI from unauthorized access, use or disclosure.
3. Record Dissemination
CORI shall be used only for the purpose for which the Personnel Officer requested it.
4. Record Destruction
CORI and copies of the same shall be destroyed after employment determination has been made in such a way and to the extent that the employee’s name can no longer be identified.
5. Record Reproduction
CORI may not be reproduced for dissemination.
6. Training
The Personnel Officer and employees with access to CORI are required:
a. To read and abide by this policy,
b. To be fingerprinted and have a clearance check completed, c. To have on file a signed copy of the Employee Statement Regarding the Use of Criminal Record Information, which acknowledges an understanding of laws prohibiting misuse of CORI.
7. Penalties
Misuse of CORI is a criminal offense. Violation of this policy regarding CORI may result in suspension, dismissal, and/or criminal or civil prosecution.
F. Monitoring Of This Program
The Personnel Officer and delegated Human Resources Staff will monitor compliance with this policy and all other Department Heads shall assist the Personnel Officer as needed.
G. References
California Penal Code
H. Employee Statement Regarding the Use of Criminal Justice Information As an employee of the City, it may be necessary for you to have access to confidential criminal record information in making employment decisions. Access to such criminal record information is controlled by statute. Misuse of such information may adversely affect the civil rights of prospective employees or volunteers and violates the law. Penal Code Section 502 prescribes the penalties relating to computer crimes. Penal Code 11105 and 13300 identify who is permitted access to criminal history information and under what circumstances information may be released. Penal Code Section 11140-11144 and 13301- 13305 prescribe penalties for misuse of criminal history information. Government Code Section 6200 prescribes the felony penalties for misuse of public records and California Law Enforcement Telecommunications Systems (CLETS) information. Labor Code Section 432.7 prescribes penalties for misuse of certain criminal record information in employment decisions.
Penal Code Sections 11142 and 13303 state:
Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person not authorized by law to receive the record or information is guilty of a misdemeanor.
Any employee who is responsible for such misuse of criminal record information may be subject to discipline up to and including immediate termination. Violations of this law may also result in criminal and/or civil action.
CITY OF LA PUENTE EMPLOYEE
ACKNOWLEDGMENTY OF KEY CITY POLICIES
I hereby acknowledge receiving and reading a copy of the City’s Policy and Procedures Handbook, and specifically I confirm that I have read the following key policies:
Employee
Initial
Policy
Prevention of Harassment, Discrimination and Retaliation Respectful Workplace
Workplace Violence Prevention Plan
Drug and Alcohol-free Workplace
Nepotism and Fraternization
Information Technology, including:
• Use of City Computer Systems, Internet, E-mail, and
Telecommunication Devices
• Use of Personal Cellular and/or Wireless Devices
• Social Media
Fraud Prevention and Detection
Vehicle Usage
Criminal Background Checks
Injury & Illness Prevention Program
A copy of this form will be placed in the employee’s Personnel file maintained by the City’s delegated Human Resources Staff.
Violations of these policies will be dealt with in the same manner as violations of other City policies and may result in disciplinary review. In such a review, a full range of disciplinary recourse is available, including dismissal from employment and legal action.
I understand that violation of these Council Policies may result in disciplinary action, up to and including dismissal.
Name: __________________________________
(Printed or typed)
Signature: Date: ________________
City of La Puente
Agenda Report
Agenda Item No. D.3
To: Mayor and City Council For meeting of: September 8, 2026 From: Bob Lindsey, City Manager
By: Alexander Bauman, Director of Community Services
Subject: CONSIDERATION OF A STREET USE AGREEMENT BETWEEN THE CITY OF LA PUENTE AND TTG HOLDCO LLC /STUDENTS RUN LA FOR A 5K/10K STRENGTH
TRAINING RUN
BACKGROUND/DISCUSSION
The City’s long-standing relationship with SRLA spans more than 20 years and provided the opportunity for students throughout Los Angeles County to participate in a 5K/10K as way of training for the annual Los Angeles Marathon. In 2025, SRLA ran a very successful event in the City of La Puente.
The proposed Agreement would allow TTG HOLDCO LLC/SRLA the right to use certain City streets for the purpose of a 5K/10K Strength Training Run on October 25, 2026. Event hours are 7:00am to 12:00pm. The streets for this use are as follows:
Main Street from First Street to Dora Guzman Avenue
Dora Guzman from Main Street to Valley Boulevard
Valley Boulevard from Azusa Way to Central Avenue
Central Avenue from Valley Boulevard to Main Street
The City will notify the residents of the event, the street closures and will assist TTG HOLDCO LLC /SRLA in their volunteer recruitment efforts. In order to use the City streets for the 5K/10K Strength Training Run, TTG HOLDCO LLC /SRLA has agreed to pay for all costs associated with public safety, street closures, permits and event staff. TTG HOLDCO LLC /SRLA will also be responsible for ensuring that the 5K/10K Strength Training Run is in compliance with all local and state mandates.
The proposed Agreement has a start date of October 25, 2026, at 3:00 a.m. and will terminate on October 25, 2026, at 3:00 p.m.
While the event will continue to be a strength training event for TTG HOLDCO LLC /SRLA participants, the La Puente community will have the opportunity to register and participate in the event. Moreover, the 5K/10K Strength Training Run with TTG HOLDCO LLC /SRLA provides a public benefit in that it will bring members of the public to the City and will serve as a positive and meaningful activity for the community that promotes an active and healthy lifestyle.
FISCAL IMPACT
Minimal fiscal impact to the City as TTG HOLDCO LLC /SRLA has agreed to pay for the costs associated Agenda Report – Street Use Agreement for 5K/10K Strength Training Run For City Council And Successor Agency Meeting of September 8, 2026
with the event as set forth in the agreement, including all costs associated with public safety, street closures, permits and event staff. The city will provide a staff presence during the event in case any issues arise.
RECOMMENDATION
It is recommended that the City Council: (1) approve the Street Use Agreement between the City of La Puente and TTG HOLDCO LLC /Students Run LA for a 5K/10K Strength Training Run; and (2) authorize the City Manager to execute the Agreement on behalf of the City.
ATTACHMENTS
A. Students Run LA Signed Agreement 2026
CITY OF LA PUENTE STREET USE AGREEMENT FOR TTG HOLDCO LLC/
STUDENTS RUN LA STRENGTH TRAINING RUN
THIS STREET USE AGREEMENT (“Agreement”) is entered into on this 8th day of September, 2026 by and between the City of La Puente, a California municipal corporation (the “City”) and TTG HOLDCO LLC/Students Run LA (“SRLA”), a California corporation, (the “Organizer”). The City and the Organizer are collectively referred to as “Parties.”
RECITALS
WHEREAS, the City is the owner of certain City streets, as more particularly identified below (hereinafter the “City Streets”); and
WHEREAS, Organizer desires to organize and operate a 5K/10K Run on Sunday, October 25, 2026, as provided in this Agreement, on the City Streets (the “Run”); and WHEREAS, the City finds a public benefit in allowing Organizer to organize and operate the Run in the City, in that it allows the Organizer to hold an event that will bring members of the public to the City, and serves as a positive and meaningful activity for the community that promotes healthy and active lifestyle.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. USE OF CITY STREETS; GENERAL CONDITIONS
(A) Term.
The term of this Agreement shall commence on Sunday, October 25, 2026 at 3:00 a.m. and shall terminate at 3:00 p.m. on Sunday, October 25, 2026, unless sooner terminated by the City, as provided in this Agreement.
(B) Run.
(1) For the purpose of the Run, on October 25, 2026, from 3:00 a.m. to 3:00 p.m., Organizer shall have the right to use the following City Streets and public property, which is described in Exhibit A, attached hereto and incorporated herein by this reference: Main Street from First Street to Dora Guzman Avenue; Dora Guzman from Main Street to Valley Boulevard; Valley Boulevard from Azusa Way to Central Avenue; and Central Avenue from Valley Boulevard to Main Street. Organizer shall ensure that immediately after conclusion of the Run, and no later than 3:00 p.m., the City Streets are cleaned and restored as originally found. The Run shall only operate between the hours of 7:00 a.m. and 12:00 p.m. (2) The City shall notify the residents of the event and street closures. (3) The City shall assist with volunteer recruitment.
Attachment A
(C) Use Restrictions.
The following activities or items are prohibited on the City Streets as part of the Run:
(1) Live animals, except for service animals;
(2) Pyrotechnics;
(3) Candles, lanterns, incense or open flames;
(4) Decorations or other items that will damage building surfaces, such as use of nails, tacks, fasteners, staples, scotch tape, putty, glue or other adhesives; (5) Mylar or plastic confetti;
(6) Straw or hay;
(7) “Silly String”; and
(8) Smog or fog generating devices.
(D) Organizer Responsibilities.
(1) Organizer is responsible for the conduct of all participants, the supervision of minors, and any damages that may occur at or to City Streets, or as a result of conducting or operating the Run.
(2) Organizer agrees on its behalf, as well as the Run Participants, defined as those registered for the Run, TTG HOLDCO LLC/SRLA officers, TTG HOLDCO LLC/SRLA agents, TTG HOLDCO LLC/SRLA employees, and TTG HOLDCO LLC/SRLA volunteers, to fully comply with the City’s regulations, requirements and policies, as well as applicable state and federal regulations. Organizer further agrees to fully and promptly obey and comply with any and all lawful orders given by City staff and/or the Los Angeles Sheriff’s and Fire Departments. (3) If law enforcement’s assistance is required, the City is authorized to terminate the Run immediately.
(4) Organizer shall ensure that all Run Participants execute and submit to the City the “Marathon Leader & Friend Participant Acknowledgement, Waiver and Release,” form as provided by the Organizer and attached hereto as Exhibit C, prior to the commencement of the Run.
(5) Organizer, at its sole cost and expense shall pay for all costs associated with the public safety, street closures, permits, and event staff. (6) Organizer shall organize and conduct registration for the Run. (7) Organizer shall train all volunteers.
(8) Organizers and its contractors and subcontractors shall attend three (3) planning meetings with City Staff and LA County Sheriff’s Department.
(9) Organizer, its staff, volunteers, and run participants shall adhere to all State and County Public Health Department protocols and mandates. (E) Non City-Owned Property.
The City reserves the right to remove any remaining items from the City Streets and have them stored at Organizer’s expense upon expiration of the Term of this Agreement. If such items, equipment or supplies are not claimed within six (6) months, the City reserves the right to dispose of such material in any manner it deems appropriate. Organizer shall be responsible for any costs of storage and disposal incurred by the City for such equipment or supplies. The City is not responsible for any damage or theft of any items left by Organizer, Run Participants or any other party attending the Run.
(F) Additional Operation Requirements.
Organizer shall comply with the Additional Operational Requirements, attached hereto as Exhibit B, and incorporated herein by reference.
(G) Books and Records.
Organizer shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate the Run. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Organizer shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to the Run. Such records, together with supporting documents, shall be maintained for a period of three (3) years after the termination of this Agreement.
SECTION 2. RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(A) Organizer shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with Organizer’s use of the City Streets, or its negligent failure to comply with any of its obligations contained in this Agreement (collectively “Claims”). Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Organizer from liability under this indemnification and hold harmless clause. Organizer’s obligation to defend shall arise regardless of any claim or assertion that the City caused or contributed to the Claims.
This indemnification and hold harmless clause shall apply to any Claims whether or not such insurance policies shall have been determined to apply.
(B) Organizer releases the City, its officers, officials, agents, and employees of any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with Organizer’s use of the City Streets under this Agreement.
Organizer acknowledges and expressly waives the benefit of California Civil Code Section 1542, which is set forth below, and specifically agrees that the release contained in this Agreement shall extend to all claims arising out of transactions which the Parties do not know or expect to exist in their favor at this time, and which rise out of or are connected to the Run. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE,
AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.
_______________ ______________ ______________
City’s Initials Organizer’s Initials (TTG) Organizer’s Initials (SRLA) The Organizer acknowledges that the facts and law in relation to this matter and the claims released by the terms of this Agreement may turn out to be different from or in addition to the facts or law as now known to each Party or its counsel. The Organizer therefore expressly agrees that the release so given shall be and remain in effect as a full and complete release of the persons and entities released thereby notwithstanding any possibility of new or different facts or law.
(C) By execution of this Agreement, Organizer acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. (D) If, for any reason such as, but not limited to, earthquake, flood water damage, explosion or other calamity of circumstance, it shall become necessary to close the City Streets, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs insured by Organizer.
SECTION 3. INSURANCE
(A) During the term of this Agreement, Organizer shall, at its sole costs and expense, carry, maintain, and keep in full force and effect insurance of the types and in the amounts as set forth in the attached Exhibit D, incorporated herein by this reference. (B) City and its elected and appointed officers, employees, agents, and volunteers shall be named as additional insureds with respect to each of the insurance policies required under this Agreement.
(C) At all times during the term of this Agreement, Organizer shall maintain on file with the City’s Risk Manager a certificate or certificates of insurance showing that the insurance policies required by this Section 3 are in effect in the required amounts and naming the City and its elected and appointed officers, employees, agents, and volunteers as additional insureds.
Organizer shall, prior to commencement of the Run under this Agreement, file with City’s Risk Manager such certificate(s).
(D) Organizer shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
SECTION 4. COMPLIANCE WITH LAWS
Organizer represents and warrants to City that Organizer, its officers, agents, employees and volunteers, and Run Participants have all licenses, permits, qualifications, and approvals of whatever nature which are legally required for Organizer, its officers, agents, employees and volunteers to provide the services, programs and activities contemplated by this Agreement, and that it shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and city, relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or hereinafter enacted.
SECTION 5. GENERAL PROVISIONS
(A) Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
(B) If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to Organizer’s use of the City Streets under this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled. The venue for any litigation shall be Los Angeles County, California or in the United States District Court for Central District of California. (C) If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
(D) This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. (E) All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
(F) This instrument contains the entire Agreement between the City and Organizer with respect to the transactions contemplated herein. No other prior oral or written agreement(s) are binding upon the Parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Organizer. (G) This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
“CITY” “ORGANIZER”
City of La Puente TTG HOLDCO LLC/Students Run LA (SRLA) By:_______________________ By:_______________________________ Bob Lindsey, City Manager Josh Furlow, Principal (TTG)
By:_______________________________
Gabriela Arvizu, President & CEO (SRLA)
ATTEST:
_______________________________
Martha Torres, City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
Exhibit A
Map of Event Area
Exhibit B
Additional Operational Requirements
Security Deposit: Organizer shall deposit $1,000.00 with the City by October 19, 2026, to cover potential damage to the City Streets (the “Deposit”). The Deposit will be used to cover any costs associated with damage to the City Streets caused by the Run and/or if the City were to incur additional maintenance costs related to cleaning the City Streets as a result of the Run. If no damage occurs and the City Streets are left in a clean condition, the Deposit will be refunded to the Organizer within 30 days after the conclusion of the event.
Guidelines: To receive approval of the Run a list of guidelines has been set forth by the City Planning Department. The Organizer shall complete the guidelines listed below through the City Planning Department, Fire Department, Industry Sheriff’s Station, and the Los Angeles Sheriff’s Department License Unit, for approval.
1. Provide a site plan that includes but not limited to the arrangement of booths, port-apotties, parking, check-in areas, water stations, announcing areas, start line, finish line, staging, exhibitor, onsite registration (if applicable), additional distribution areas (if applicable), and volunteer check-in.
2. Obtain clearance and file for a Special Events permit through the Fire Department.
3. Provide proof of insurance with the City of La Puente named as additional insured as required by the Agreement.
4. Organizer and all participants, volunteers, vendors etc. shall execute the Marathon Leader & Friend Participant Acknowledgement, Waiver and Release form (attached to the Agreement as Exhibit C), releasing the City of any liability that may arise during the Run. This form also includes an indemnity provision.
5. A list of contractors and subcontractors that are being used for this event which includes the name of the company/organization, services that is being provided, address, a main contact, and a phone number.
Exhibit C
11 Exhibit D
INSURANCE REQUIREMENTS
Without limiting Organizer’s indemnification of City, and prior to commencement of the Services, Organizer shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. Organizer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000.00 per occurrence, $5,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Organizer shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Organizer arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Organizer shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Organizer agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers’ compensation insurance. Organizer shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.00).
Organizer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
Proof of insurance. Organizer shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Organizer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Organizer, his agents, representatives, employees or subconsultants.
12 Primary/noncontributing. Coverage provided by Organizer shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Organizer, or City will withhold amounts sufficient to pay premium from Organizer payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Organizer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Organizer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Organizer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Organizer of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Organizer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Organizer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Organizer agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
13 Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Organizer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Organizer agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Organizer, provide the same minimum insurance coverage and endorsements required of Organizer. Organizer agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Organizer agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Organizer ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Organizer, the City and Organizer may renegotiate Organizer’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Organizer shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Organizer’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Organizer shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
City of La Puente
Agenda Report
Agenda Item No. D.4
To: Mayor and City Council For meeting of: September 8, 2026 From: Bob Lindsey, City Manager
By: Alexander Bauman, Director of Community Services
Subject: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
PUENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT AN APPLICATION TO THE CALIFORNIA STRATEGIC GROWTH COUNCIL FOR COMMUNITY RESILIENCE CENTERS PROGRAM ROUND 2 IMPLEMENTATION
GRANT FUNDS, TO ACCEPT THE GRANT IF AWARDED, AND TO EXECUTE ALL
DOCUMENTS AND TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE GRANT
BACKGROUND/DISCUSSION
The California Strategic Growth Council administers the Community Resilience Centers Program to provide funding for the planning, development, and implementation of community resilience centers throughout California. Community Resilience Centers are intended to provide communities with safe, accessible locations that can serve residents before, during, and after climate-related emergencies and other disasters while also providing valuable year-round services.
The City of La Puente is exploring the development of a Community Resilience Center that would build upon existing City facilities, programs, and community partnerships. The proposed CRC would enhance the City's ability to provide critical services and resources during emergencies while also improving the City's year-round delivery of community services.
The proposed CRC concept contemplates the La Puente Community Center as the primary resilience facility, with the La Puente Senior Center and La Puente Valley Women's Club serving as additional communityserving facilities and potential partners within the City's broader resilience network.
The City currently provides a wide range of programs and services through its Community Services Department, including senior services, youth programs, recreational activities, special events, community engagement activities, and other programs that bring residents together and provide access to essential resources.
The CRC opportunity would allow the City to build upon these existing services while improving the physical infrastructure and operational capacity necessary to respond to emergencies and climate-related events.
FISCAL IMPACT
None
RECOMMENDATION
Agenda Report – CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL For City Council And Successor Agency Meeting of September 8, 2026
It is recommended that the City Council: (1) adopt Resolution No. 26-6019, authorizing the City Manager, or designee, to submit an application to the California Strategic Growth Council (“SGC”) Community Resilience Centers (“CRC”) Program for a Planning Grant or Implementation Grant; (2) authorize the City Manager, or designee, to execute all applications, certifications, assurances, grant agreements, and other documents necessary to apply for and, if awarded, accept and administer the grant funds; and (3) authorize the City Manager, or designee, to take all necessary administrative actions to implement the grant, subject to applicable City Council approval requirements, the adopted City budget, and the terms and conditions of the final grant agreement.
ATTACHMENTS
A. Community Resilience Centers Program Resolution
RESOLUTION NO. 26-6019 PAGE 1 OF 3 SEPTEMBER 8, 2026
RESOLUTION NO. 26-6019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PUENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER, OR DESIGNEE, TO SUBMIT AN APPLICATION
TO THE CALIFORNIA STRATEGIC GROWTH COUNCIL
FOR COMMUNITY RESILIENCE CENTERS PROGRAM
ROUND 2 IMPLEMENTATION GRANT FUNDS, TO ACCEPT
THE GRANT IF AWARDED, AND TO EXECUTE ALL
DOCUMENTS AND TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT THE GRANT
WHEREAS, the California Strategic Growth Council (“SGC”) administers the Community Resilience Centers (“CRC”) Program to support the development and implementation of neighborhood resilience centers that provide safe, accessible spaces and critical services to communities before, during, and after climate-related emergencies and other disasters; and WHEREAS, SGC has released the CRC Program Round 2 Final Guidelines and Notice of Funding Availability (“NOFA”), which provide funding for eligible Planning and Implementation Grants; and
WHEREAS, the City of La Puente (“City”) is eligible to apply for CRC Program funding and desires to submit an application for a CRC Implementation Grant to support the development and implementation of a Community Resilience Center in the City; and WHEREAS, the City recognizes the importance of increasing community preparedness and resilience in response to extreme heat, wildfire smoke, poor air quality, power outages, severe weather, and other climate-related and emergency events; and WHEREAS, the City proposes to utilize the La Puente Community Center as the primary Community Resilience Center facility, with the La Puente Senior Center, La Puente Valley Women's Club, and other community-serving organizations and facilities participating as appropriate in the City's broader community resilience network; and WHEREAS, the proposed Community Resilience Center would provide emergency and climate-resilience functions while also supporting year-round programs and services for residents, including older adults, youth, families, individuals with access and functional needs, and other community members who may be disproportionately affected by emergencies and climate-related hazards; and
WHEREAS, potential project improvements may include, but are not limited to, emergency backup power, battery energy storage, heating, ventilation and air-conditioning improvements, enhanced air filtration and smoke protection, cooling capabilities, emergency communications, Wi-Fi and connectivity, emergency supplies and storage, accessibility improvements, kitchen and food-service capabilities, and other eligible facility and resilience improvements identified through the project planning and community engagement process; and Attachment A
RESOLUTION NO. 26-6019 PAGE 2 OF 3 SEPTEMBER 8, 2026
WHEREAS, the City intends to work collaboratively with community-based organizations, nonprofit organizations, residents, and other governmental and community partners to develop and implement the Community Resilience Center and provide qualifying year-round services and programs; and
WHEREAS, the City understands that acceptance of a CRC Implementation Grant may require the City to comply with applicable SGC requirements relating to project implementation, community engagement, collaborative governance, reporting, recordkeeping, accessibility, operation and maintenance, fiscal management, and long-term community-serving use of the CRC facility; and
WHEREAS, the City is familiar with the terms, conditions, requirements, and limitations applicable to CRC Program funding and is willing and able to comply with the requirements applicable to an awarded grant; and
WHEREAS, the City understands that SGC must approve the City's application and that, if awarded, the City will be required to execute a Grant Agreement and other documents necessary to receive and administer the grant funds; and
NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF LA PUENTE HEREBY DOES HEREBY:
SECTION 1. Approves the blank authority to file applications with the California Strategic Growth Council for Community Resilience Centers (“CRC”) Program Funds for projects or program;
SECTION 2. Certifies that City of La Puente understands the assurances and will comply with the assurances in the application form; and
SECTION 3. Appoints the City Manager (or authorized representative) to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth; which may be necessary for the completion of projects or programs.
SECTION 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2026, by the following vote:
RESOLUTION NO. 26-6019 PAGE 3 OF 3 SEPTEMBER 8, 2026
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Charlie Klinakis, Mayor
ATTEST:
_____________________________________
Martha Torres, MPA, City Clerk