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AGENDA
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT, THE LAKEPORT GROUNDWATER SUSTAINABLITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT
REDEVELOPMENT AGENCY)
Tuesday, August 4, 2026 6:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of August 4, 2026 Page 2
AGENDA
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, August 4, 2026, 6:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.
I. CALL TO ORDER & ROLL CALL:
II. PLEDGE OF ALLEGIANCE:
III. ACCEPTANCE OF AGENDA/
URGENCY ITEMS:
IV. CONSENT AGENDA:
A. Ordinances:
B. Minutes:
C. Warrants:
D. Application 2026-034:
E. Application 2026-035:
F. Measure Z Advisory Committee
(MZAC):
G. Personnel Rules:
V. PUBLIC
PRESENTATIONS/REQUESTS:
A. Public Input:
B. Presentation:
VI. PUBLIC HEARING:
A. Delinquent Utilities:
6:00 p.m.
Move to accept agenda as posted or move to add or delete items.
To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.
Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.
Approve minutes of the City Council regular meeting of July 21, 2026 Approve the warrant register of July 24, 2026.
Approve application 2026-034, with staff recommendations, for the Drone Show event.
Approve application 2026-035, with staff recommendations, for the Snack Shack operations during the Drone Show.
Receive and file the draft minutes of the July 15, 2026 MZAC meeting.
Adopt a Resolution adopting revised Personnel Rules.
Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.
Presentation by the Lake County Behavioral Health Department.
Adopt the resolution to confirm and approve the utility billing delinquency list and the associated resolution and direct staff to submit the list to the County AuditorController for inclusion on the property tax roll.
City Council Agenda of August 4, 2026 Page 3
VII. COUNCIL BUSINESS:
A. Utilities Director
1. Cattle Grazing Lease: Authorize the City Manager to execute a Non-Exclusive Revocable License Agreement allowing cattle grazing on acreage utilized for the spray irrigation disposal of wastewater, subject to the terms and conditions set forth in the agreement.
B. Community Development Director
1. Comprehensive Fee
Study:
Hold a public hearing and adopt a Resolution accepting the User Fee Study prepared by Wildan Financial Services, establishing a Citywide User Fee Schedule, authorizing annual Consumer Price Index CPI adjustments, authorizing cost recovery agreements for certain development applications, and finding the action exempt from the California Environmental Quality Act (CEQA).
2. Housing Element: Approve the Professional Services Agreement for consultant services with De Novo Planning Group, in an amount not to exceed $138,375, for preparation of the City's 7th Cycle Housing Element Update and authorize the City Manager to execute the agreement.
C. Police Chief
1. 4th of July After-Action
Report:
Receive and file the 2026 police after-action report on the Independence Day Fireworks Operations.
VIII. CITY COUNCIL
COMMUNICATIONS:
A. Travel, Calendar, and
Miscellaneous Reports, if any:
IX. ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided. _____________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of July 21, 2026 Page 2
MINUTES
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, July 21, 2026, 6:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.
I. CALL TO ORDER & ROLL CALL: Mayor Disney called the meeting to order at 6:01 p.m. with Council Members Costa, Mattina, Parlet and Price present.
Mayor Disney observed a moment of silence observed in remembrance of Roy Dufrain Sr. who served on the City Council from 1972-1976.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Anthony Guardino.
III. ACCEPTANCE OF AGENDA/
URGENCY ITEMS:
A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to approve the agenda as posted.
IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of June 16, 2026, and the special meeting of June 30, 2026.
C. Application G2027-001: Approve application G2027-001, with staff recommendations, for the Calder Vow Renewal in the Library Park Gazebo with alcohol consumption.
D. Application 2026-028: Approve application 2026-028, with staff recommendations, for the Disability Pride event.
E. Application 2026-029: Approve application 2026-029, with staff recommendations, for the Trick or Treat Main Street event.
F. Application 2026-030: Approve application 2026-030, with staff recommendations, for the Lake County Fair Parade.
G. Application 2026-031: Approve application 2026-031, with staff recommendations, for the Overdose Awareness Day event.
H. Application 2026-032: Approve application 2026-032, with staff recommendations, for the Dia de los Muertos event.
I. ADA Fair Parking: Approve the designated temporary disabled parking on both sides of C and D Streets, between South Forbes Street and the respective fairgrounds entrance gates from 4:00 p.m. on Thursday, September 3, 2026, to 11:59 pm on Sunday, September 6, 2026.
City Council Minutes of July 21, 2026 Page 3
Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member Costa, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-I.
V. PUBLIC
PRESENTATIONS/REQUESTS:
A. Public Input: Marie Schrader from Discover Lakeport, CA updated the City Council on her social media reach and updated on the successes of the Simple Gesture food drives.
Wilda Shock reminded the Council about Shakespeare on the Lake event this upcoming weekend.
B. Presentation: Anthony Guardino, Curator of the Museums of Lake County, shared an update on the Museum’s latest accomplishments.
VI. PUBLIC HEARING:
VII. COUNCIL BUSINESS:
A. City Manager:
1. Hitch Co-Management
Agreement:
The staff report was presented by City Manager Ingram, with additional comments from Public Works Director Ladd. Geneva Thompson from California Natural Resources Agency provided insights regarding the co-management agreement and the partnerships formed.
Supervisor Brad Rasmussen advocated in favor of the Memorandum of Understanding.
A motion was made by Council Member Costa, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to authorize the Mayor to execute the Clear Lake Watershed and Chi (Ṣátti) Co-Management Memorandum of Understanding on behalf of the City of Lakeport.
2. CalCities Conference
Delegates:
The staff report was presented by City Manager Ingram.
A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to nominate Mayor Disney as the voting delegate and Council member Price as first alternate and Council member Mattina as the second alternate for the League of California Cities Annual Conference.
B. Utilities Director
1. Cattle Grazing Lease: The staff report was presented by Utilities Director Harris.
Emailed correspondence was received from Kevin Benjamin opposed to the staff’s recommended selection.
Aaron Hiatt of Black Gold Cattle Company, LLC requested the Council reject staff’s recommendation.
A motion was made by Council Member Mattina, seconded by Council Member Price, and unanimously carried by voice vote 4-1-0-0, with Council Member Parlet opposed, to continue the item to the next meeting for Council to more closely review the score sheet evaluations, the past contract, and the standards of the industry.
2. Utilities Update – Water
& Wastewater Projects:
Utilities Director Harris provided an update on current and future CIP projects for the water and sewer enterprise funds.
C. Chief Building Official
City Council Minutes of July 21, 2026 Page 4
1. 2026 Weed Abatement
Program Overview:
Chief Building Official Moss presented the 2026 Weed Abatement and Hazardous Vegetation Program update.
Lakeport Fire Protection District Chief Reitz emphasized the importance of vegetation management.
Bob Bridges expressed concerns about applying State defensible space standards to the City’s residential lots as they can be costly, and may reduce the City’s tree canopy.
He encouraged the City to prioritize the highest-risk properties like vacant lots with heavy vegetation.
D. Public Works Director
1. Silveira Community
Center ADA Upgrades:
The staff report was presented by Public Works Director Ladd.
A motion was made by Council Member Costa, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to authorize the City Manager to negotiate and execute a Professional Services Agreement with Studio W Architects for design services for the Silveira Community Center ADA Upgrades, in an amount not to exceed $169,375, funded by CDBG-MIT RIP Grant No. 18-MITRIP-23008, and to take such other actions as necessary to implement and administer the Agreement consistent with all applicable grant requirements.
VIII. CITY COUNCIL
COMMUNICATIONS:
A. Travel, Calendar, and
Miscellaneous Reports, if any:
Utilities Director Harris offered no report.
Community Development Director Hejnowicz was not present.
Police Chief Stoebe offered no report.
Finance Director Dizon offered no report.
Administrative Services Director Buendia offered no report.
Public Works Director Ladd offered no report.
Planning Services Manager Fernandez offered no report.
City Attorney Anderson offered no report.
City Manager Ingram advised that the County and Calpine have partnered to sponsor two drone shows, one for each City in the County. The City of Lakeport’s show will be held August 7th at Xabatin Community Park.
Council Member Costa offered no report.
Council Member Parlet reported that he has received inquiries about the timeline on the installation of the Blue Heron sculpture at the Silveira Community Center.
Council Member Price offered no report.
Mayor Pro Tem Mattina reported that the second Cinema by the Shore event will be held July 30th at Xabatin Community Park.
Mayor Disney reported that the Lake County Recreation Agency met two weeks ago and he has been re-elected to the Chair of that agency. He also advised that he has been presenting the members of the City’s boards, committees & commissions with a “Thank You” basket on behalf of the City Council in appreciation for all of their work for the community.
IX. ADJOURNMENT: Mayor Disney adjourned the meeting at 8:59 p.m.
City Council Minutes of July 21, 2026 Page 5
_____________________________________
Brandon Disney, Mayor
Attest:
_________________________________
Kelly Buendia, City Clerk
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
7/27/2026
I hereby certify that the attached list of warrants has been audited, extensions are proper, purchase orders have been issued, and department heads have been given the opportunity to review and sign claim forms. ______________________________
Danielle Dizon
Finance Director
7/27/2026 2:27:26 PM Page 1 of 20
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 04/09/2026 - 07/24/2026
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 15-0352000798 - POOLED CASH BANK
04/09/2026 04/30/2026 61131 CA BLDG STANDARDS COMMISSION Accounts Payable Cleared Check -105.74 04/09/2026 04/30/2026 61132 DEPT OF CONSERVATION Accounts Payable Cleared Check -478.11 04/09/2026 04/30/2026 61133 DIVISION OF STATE ARCHITECT Accounts Payable Cleared Check -24.80 04/09/2026 05/31/2026 61134 JENNIFER BAKER Accounts Payable Cleared Check -57.81 04/14/2026 04/30/2026 APA009410 ADAMS ASHBY GROUP, LLC. Accounts Payable Cleared AP Automation -3,000.00 04/14/2026 04/30/2026 APA009411 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -76.42 04/14/2026 04/30/2026 APA009412 AT&T Accounts Payable Cleared AP Automation -3,374.64 04/14/2026 04/30/2026 APA009413 COUNTY OF LAKE - ANIMAL CONTROL Accounts Payable Cleared AP Automation -700.00 04/14/2026 04/30/2026 APA009414 COUNTY OF LAKE - ENVIRONMENTAL HEALTH Accounts Payable Cleared AP Automation -456.00 04/14/2026 04/30/2026 APA009415 GROW WEST Accounts Payable Cleared AP Automation -1,697.13 04/14/2026 04/30/2026 APA009416 LANGUAGE LINE SERVICES, INC. Accounts Payable Cleared AP Automation -4.70 04/14/2026 04/30/2026 APA009417 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Cleared AP Automation -206.00 04/14/2026 04/30/2026 APA009418 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -19.28 04/14/2026 04/30/2026 APA009419 NHA ADVISORS Accounts Payable Cleared AP Automation -21,036.75 04/14/2026 04/30/2026 APA009420 ONLINE INFORMATION SERVICES Accounts Payable Cleared AP Automation -72.39 04/14/2026 04/30/2026 APA009421 PAUL R. CURREN Accounts Payable Cleared AP Automation -4,571.25 04/14/2026 04/30/2026 APA009422 PG&E Accounts Payable Cleared AP Automation -464.64 04/14/2026 04/30/2026 APA009423 PITNEY BOWES BANK INC PURCHASE POWER Accounts Payable Cleared AP Automation -502.25 04/14/2026 04/30/2026 APA009424 PITNEY BOWES INC Accounts Payable Cleared AP Automation -88.09 04/14/2026 04/30/2026 APA009425 R.B. PETERS Accounts Payable Cleared AP Automation -53.89 04/14/2026 04/30/2026 APA009426 RB PEST CONTROL Accounts Payable Cleared AP Automation -100.00 04/14/2026 04/30/2026 APA009427 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -315.91 04/14/2026 04/30/2026 APA009428 RICOH USA, INC. Accounts Payable Cleared AP Automation -107.49 04/14/2026 04/30/2026 APA009429 STAPLES BUSINESS ADVANTAGE Accounts Payable Cleared AP Automation -80.75 04/14/2026 04/30/2026 APA009430 TYLER TECHNOLOGIES, INC. Accounts Payable Cleared AP Automation -6,232.53 04/14/2026 04/30/2026 APA009431 US BANK NATIONAL ASSOCIATION Accounts Payable Cleared AP Automation -507,528.00 04/14/2026 04/30/2026 APA009432 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Cleared AP Automation -100.00 04/15/2026 04/30/2026 61143 LAKEPORT DISPOSAL, INC. Accounts Payable Cleared Check -124,785.12 04/17/2026 05/31/2026 61135 AFLAC Accounts Payable Cleared Check -580.98 04/17/2026 04/30/2026 61136 CA STATE DISBURSEMENT UNIT Accounts Payable Cleared Check -318.46 04/17/2026 05/31/2026 61137 FRANCHISE TAX BOARD Accounts Payable Cleared Check -120.00 04/17/2026 04/30/2026 61138 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Cleared Check -345.00 04/17/2026 04/30/2026 61139 LEGALSHIELD Accounts Payable Cleared Check -357.25 04/17/2026 61140 LPOA Accounts Payable Outstanding Check -560.00 04/17/2026 04/30/2026 61141 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Cleared Check -1,515.00 04/17/2026 04/30/2026 61142 VALIC - C/O JP MORGAN CHASE Accounts Payable Cleared Check -2,363.92 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 2 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/17/2026 04/30/2026 DFT0004255 CALPERS Accounts Payable Cleared Bank Draft -4,059.64 04/17/2026 04/30/2026 DFT0004256 CALPERS Accounts Payable Cleared Bank Draft -4,130.51 04/17/2026 04/30/2026 DFT0004257 CALPERS Accounts Payable Cleared Bank Draft -5,715.19 04/17/2026 04/30/2026 DFT0004258 CALPERS Accounts Payable Cleared Bank Draft -5,870.06 04/17/2026 04/30/2026 DFT0004259 CALPERS Accounts Payable Cleared Bank Draft -3,825.62 04/17/2026 04/30/2026 DFT0004260 CALPERS Accounts Payable Cleared Bank Draft -6,780.90 04/17/2026 04/30/2026 DFT0004261 CALPERS Accounts Payable Cleared Bank Draft -540.38 04/17/2026 04/30/2026 DFT0004262 CALPERS Accounts Payable Cleared Bank Draft -1,465.03 04/17/2026 04/30/2026 DFT0004263 CALPERS Accounts Payable Cleared Bank Draft -47.43 04/17/2026 04/30/2026 DFT0004264 IRS Accounts Payable Cleared Bank Draft -4,894.92 04/17/2026 04/30/2026 DFT0004265 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -6,264.24 04/17/2026 04/30/2026 DFT0004266 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -2,183.86 04/17/2026 04/30/2026 DFT0004267 IRS Accounts Payable Cleared Bank Draft -16,424.59 04/17/2026 04/30/2026 DFT0004268 IRS Accounts Payable Cleared Bank Draft -316.20 04/21/2026 04/30/2026 61144 DALE STOEBE Accounts Payable Cleared Check -59.00 04/21/2026 05/31/2026 61145 DEBRA MILLS Accounts Payable Cleared Check -594.14 04/21/2026 05/31/2026 61145 DEBRA MILLS Reversal Accounts Payable Cleared Check Reversal 594.14 04/21/2026 04/30/2026 61146 DEPT OF WATER RESOURCES Accounts Payable Cleared Check -14,075.00 04/21/2026 04/30/2026 61147 KELLEY DONALDSON Accounts Payable Cleared Check -366.44 04/21/2026 05/31/2026 61148 KEVIN M. INGRAM Accounts Payable Cleared Check -117.00 04/21/2026 04/30/2026 61149 RYAN COOLEY Accounts Payable Cleared Check -59.00 04/21/2026 04/30/2026 APA009433 4LEAF, INC. Accounts Payable Cleared AP Automation -960.00 04/21/2026 04/30/2026 APA009434 AACTION RENTS Accounts Payable Cleared AP Automation -3,519.75 04/21/2026 04/30/2026 APA009435 ACTION SANITARY, INC. Accounts Payable Cleared AP Automation -1,200.00 04/21/2026 04/30/2026 APA009436 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -787.00 04/21/2026 04/30/2026 APA009437 APEX TECHNOLOGY MGMT, INC. Accounts Payable Cleared AP Automation -4,178.65 04/21/2026 04/30/2026 APA009438 AT&T Accounts Payable Cleared AP Automation -113.61 04/21/2026 04/30/2026 APA009439 AT&T Accounts Payable Cleared AP Automation -31.76 04/21/2026 04/30/2026 APA009440 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Cleared AP Automation -3,066.00 04/21/2026 04/30/2026 APA009441 CLEARLAKE REDI-MIX INC. Accounts Payable Cleared AP Automation -873.27 04/21/2026 04/30/2026 APA009442 COMMUNITY DEVELOPMENT SERVICES Accounts Payable Cleared AP Automation -750.00 04/21/2026 04/30/2026 APA009443 COUNTY OF LAKE - PUBLIC WORKS Accounts Payable Cleared AP Automation -45.75 04/21/2026 04/30/2026 APA009444 DEEP VALLEY SECURITY Accounts Payable Cleared AP Automation -620.30 04/21/2026 04/30/2026 APA009445 FED EX Accounts Payable Cleared AP Automation -26.94 04/21/2026 04/30/2026 APA009446 GRAINGER Accounts Payable Cleared AP Automation -154.01 04/21/2026 04/30/2026 APA009447 HACH CHEMICAL COMPANY Accounts Payable Cleared AP Automation -376.29 04/21/2026 04/30/2026 APA009448 HARRINGTON INDUSTRIAL PLASTICS Accounts Payable Cleared AP Automation -269.71 04/21/2026 04/30/2026 APA009449 IMAGE SALES, INC. Accounts Payable Cleared AP Automation -36.25 04/21/2026 04/30/2026 APA009450 KELSEYVILLE TNT MINI STORAGE Accounts Payable Cleared AP Automation -1,173.00 04/21/2026 04/30/2026 APA009451 MATT MAZZEI CHEVROLET Accounts Payable Cleared AP Automation -477.90 04/21/2026 04/30/2026 APA009452 MC ENGINEERING, INC Accounts Payable Cleared AP Automation -3,362.50 04/21/2026 04/30/2026 APA009453 MEDIACOM Accounts Payable Cleared AP Automation -317.07 04/21/2026 04/30/2026 APA009454 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -852.15 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 3 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/21/2026 04/30/2026 APA009455 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -520.22 04/21/2026 04/30/2026 APA009456 PACE ENGINEERING, INC. Accounts Payable Cleared AP Automation -5,282.78 04/21/2026 04/30/2026 APA009457 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -3,267.95 04/21/2026 04/30/2026 APA009458 PAUL R. CURREN Accounts Payable Cleared AP Automation -4,458.78 04/21/2026 04/30/2026 APA009459 R.S. HUGHES Accounts Payable Cleared AP Automation -500.27 04/21/2026 04/30/2026 APA009460 RAINBOW AGRICULTURAL SERVICES Accounts Payable Cleared AP Automation -26.80 04/21/2026 04/30/2026 APA009461 SONOMA RSA, INC Accounts Payable Cleared AP Automation -2,657.50 04/21/2026 04/30/2026 APA009462 SUTTER LAKESIDE HOSPITAL Accounts Payable Cleared AP Automation -25.00 04/21/2026 04/30/2026 APA009463 THATCHER COMPANY OF CA., INC. Accounts Payable Cleared AP Automation -7,448.92 04/21/2026 04/30/2026 APA009464 THE UPS STORE #5161 Accounts Payable Cleared AP Automation -272.52 04/21/2026 04/30/2026 APA009465 TUFTS POLYGRAPH & INVESTIGATIONS Accounts Payable Cleared AP Automation -400.00 04/21/2026 04/30/2026 APA009466 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Cleared AP Automation -8,935.03 04/21/2026 04/30/2026 APA009467 UCC RENTALS Accounts Payable Cleared AP Automation -1,935.00 04/21/2026 04/30/2026 APA009468 USA BLUE BOOK Accounts Payable Cleared AP Automation -408.30 04/21/2026 04/30/2026 APA009469 VERIZON WIRELESS Accounts Payable Cleared AP Automation -38.01 04/21/2026 04/30/2026 APA009470 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Cleared AP Automation -1,293.89 04/21/2026 04/30/2026 APA009471 WEST COAST ENERGY SYSTEMS LLC Accounts Payable Cleared AP Automation -327.75 04/21/2026 04/30/2026 APA009472 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -1,667.50 05/01/2026 05/31/2026 60675 LPOA Reversal Accounts Payable Cleared Check Reversal 605.00 05/01/2026 05/31/2026 60718 LPOA Reversal Accounts Payable Cleared Check Reversal 605.00 05/01/2026 05/31/2026 60732 LPOA Reversal Accounts Payable Cleared Check Reversal 605.00 05/01/2026 05/31/2026 60750 LPOA Reversal Accounts Payable Cleared Check Reversal 605.00 05/01/2026 05/31/2026 60923 LPOA Reversal Accounts Payable Cleared Check Reversal 605.00 05/01/2026 05/31/2026 61157 AFLAC Accounts Payable Cleared Check -580.98 05/01/2026 05/31/2026 61158 CA STATE DISBURSEMENT UNIT Accounts Payable Cleared Check -318.46 05/01/2026 05/31/2026 61159 FRANCHISE TAX BOARD Accounts Payable Cleared Check -120.00 05/01/2026 05/31/2026 61160 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Cleared Check -360.00 05/01/2026 61161 LPOA Accounts Payable Outstanding Check -560.00 05/01/2026 05/31/2026 61162 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Cleared Check -1,515.00 05/01/2026 05/31/2026 61163 VALIC - C/O JP MORGAN CHASE Accounts Payable Cleared Check -2,363.92 05/01/2026 05/31/2026 DFT0004269 CALPERS Accounts Payable Cleared Bank Draft -4,064.60 05/01/2026 05/31/2026 DFT0004270 CALPERS Accounts Payable Cleared Bank Draft -4,135.55 05/01/2026 05/31/2026 DFT0004271 CALPERS Accounts Payable Cleared Bank Draft -5,902.67 05/01/2026 05/31/2026 DFT0004272 CALPERS Accounts Payable Cleared Bank Draft -6,062.63 05/01/2026 05/31/2026 DFT0004273 CALPERS Accounts Payable Cleared Bank Draft -3,850.72 05/01/2026 05/31/2026 DFT0004274 CALPERS Accounts Payable Cleared Bank Draft -6,825.39 05/01/2026 05/31/2026 DFT0004275 CALPERS Accounts Payable Cleared Bank Draft -540.38 05/01/2026 05/31/2026 DFT0004276 CALPERS Accounts Payable Cleared Bank Draft -1,465.03 05/01/2026 05/31/2026 DFT0004277 CALPERS Accounts Payable Cleared Bank Draft -48.36 05/01/2026 05/31/2026 DFT0004278 IRS Accounts Payable Cleared Bank Draft -4,838.24 05/01/2026 05/31/2026 DFT0004279 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -5,752.49 05/01/2026 05/31/2026 DFT0004280 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -2,166.29 05/01/2026 05/31/2026 DFT0004281 IRS Accounts Payable Cleared Bank Draft -14,450.70 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 4 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/01/2026 05/31/2026 DFT0004282 IRS Accounts Payable Cleared Bank Draft -210.80 05/01/2026 05/31/2026 REFAPA009446 GRAINGER Accounts Payable Cleared Bank Draft Reversal 154.01 05/05/2026 05/31/2026 APA009473 ADAMS ASHBY GROUP, LLC. Accounts Payable Cleared AP Automation -3,500.00 05/05/2026 05/31/2026 APA009474 AT&T MOBILITY Accounts Payable Cleared AP Automation -40.74 05/05/2026 05/31/2026 APA009475 COUNTY OF LAKE - INFO TECH Accounts Payable Cleared AP Automation -1,062.40 05/05/2026 05/31/2026 APA009476 DOKKEN ENGINEERING Accounts Payable Cleared AP Automation -1,247.01 05/05/2026 05/31/2026 APA009477 FERRELLGAS Accounts Payable Cleared AP Automation -240.73 05/05/2026 05/31/2026 APA009478 IRONEDGE GROUP Accounts Payable Cleared AP Automation -442.40 05/05/2026 05/31/2026 APA009479 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -500.25 05/05/2026 05/31/2026 APA009480 LAKEPORT FENWAY AVENUE LP Accounts Payable Cleared AP Automation -1,543,917.80 05/05/2026 05/31/2026 APA009481 MATT MAZZEI CHEVROLET Accounts Payable Cleared AP Automation -3,374.26 05/05/2026 05/31/2026 APA009482 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -385.43 05/05/2026 05/31/2026 APA009483 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -492.99 05/05/2026 05/31/2026 APA009484 O'REILLY AUTO PARTS Accounts Payable Cleared AP Automation -430.85 05/05/2026 05/31/2026 APA009485 PG&E Accounts Payable Cleared AP Automation -10.69 05/05/2026 05/31/2026 APA009486 PG&E Accounts Payable Cleared AP Automation -165.26 05/05/2026 05/31/2026 APA009487 PG&E Accounts Payable Cleared AP Automation -490.09 05/05/2026 05/31/2026 APA009488 PG&E Accounts Payable Cleared AP Automation -357.22 05/05/2026 05/31/2026 APA009489 PG&E Accounts Payable Cleared AP Automation -1,001.10 05/05/2026 05/31/2026 APA009490 PG&E Accounts Payable Cleared AP Automation -1,720.15 05/05/2026 05/31/2026 APA009491 PG&E Accounts Payable Cleared AP Automation -1.76 05/05/2026 05/31/2026 APA009492 PLAZA PAINT & SUPPLIES Accounts Payable Cleared AP Automation -24.01 05/05/2026 05/31/2026 APA009493 POLESTAR COMPUTERS Accounts Payable Cleared AP Automation -7,650.87 05/05/2026 05/31/2026 APA009494 RAINBOW AGRICULTURAL SERVICES Accounts Payable Cleared AP Automation -75.05 05/05/2026 05/31/2026 APA009495 SAN DIEGO POLICE EQUIPMENT CO Accounts Payable Cleared AP Automation -1,590.79 05/05/2026 05/31/2026 APA009496 SEBIS DIRECT, INC. - PRINTING Accounts Payable Cleared AP Automation -941.17 05/05/2026 05/31/2026 APA009497 STAPLES BUSINESS ADVANTAGE Accounts Payable Cleared AP Automation -733.93 05/05/2026 05/31/2026 APA009498 SUTTER LAKESIDE HOSPITAL Accounts Payable Cleared AP Automation -100.00 05/05/2026 05/31/2026 APA009499 WILDA SHOCK Accounts Payable Cleared AP Automation -1,500.00 05/05/2026 05/31/2026 APA009500 WMH CORPORATION Accounts Payable Cleared AP Automation -2,069.00 05/07/2026 05/31/2026 APA009501 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -5,953.00 05/07/2026 05/31/2026 APA009502 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -162.04 05/07/2026 05/31/2026 APA009503 APEX TECHNOLOGY MGMT, INC. Accounts Payable Cleared AP Automation -33.75 05/07/2026 05/31/2026 APA009504 AT&T CALNET3 Accounts Payable Cleared AP Automation -93.88 05/07/2026 05/31/2026 APA009505 AT&T CALNET3 Accounts Payable Cleared AP Automation -144.21 05/07/2026 05/31/2026 APA009506 AT&T CALNET3 Accounts Payable Cleared AP Automation -299.01 05/07/2026 05/31/2026 APA009507 AT&T CALNET3 Accounts Payable Cleared AP Automation -10.04 05/07/2026 05/31/2026 APA009508 AT&T CALNET3 Accounts Payable Cleared AP Automation -253.72 05/07/2026 05/31/2026 APA009509 COMPASS ETHICS Accounts Payable Cleared AP Automation -625.00 05/07/2026 05/31/2026 APA009510 COUNTY OF LAKE - SOLID WASTE Accounts Payable Cleared AP Automation -12.83 05/07/2026 05/31/2026 APA009511 DAVIS TIRE & AUTO REPAIR Accounts Payable Cleared AP Automation -40.00 05/07/2026 05/31/2026 APA009512 DEEP VALLEY SECURITY Accounts Payable Cleared AP Automation -620.30 05/07/2026 05/31/2026 APA009513 EUREKA OXYGEN COMPANY Accounts Payable Cleared AP Automation -667.88 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 5 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/07/2026 05/31/2026 APA009514 GRANITE CONSTRUCTION COMPANY Accounts Payable Cleared AP Automation -2,436.54 05/07/2026 05/31/2026 APA009515 IRONEDGE GROUP Accounts Payable Cleared AP Automation -189.00 05/07/2026 05/31/2026 APA009516 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -58.70 05/07/2026 05/31/2026 APA009517 JAMES DAY CONSTRUCTION, INC. Accounts Payable Cleared AP Automation -3,174.00 05/07/2026 05/31/2026 APA009518 KELSEYVILLE LUMBER Accounts Payable Cleared AP Automation -46.10 05/07/2026 05/31/2026 APA009519 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Cleared AP Automation -1,305.84 05/07/2026 05/31/2026 APA009520 LAKE COUNTY WASTE SOLUTIONS Accounts Payable Cleared AP Automation -453.34 05/07/2026 05/31/2026 APA009521 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -4,002.00 05/07/2026 05/31/2026 APA009522 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -687.34 05/07/2026 05/31/2026 APA009523 MOTOROLA SOLUTIONS, INC. Accounts Payable Cleared AP Automation -356.70 05/07/2026 05/31/2026 APA009524 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -333.93 05/07/2026 05/31/2026 APA009525 NUSO Accounts Payable Cleared AP Automation -279.27 05/07/2026 05/31/2026 APA009526 OPENGOV, INC Accounts Payable Cleared AP Automation -15,876.60 05/07/2026 05/31/2026 APA009527 O'REILLY AUTO PARTS Accounts Payable Cleared AP Automation -93.49 05/07/2026 05/31/2026 APA009528 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -1,147.01 05/07/2026 05/31/2026 APA009529 PAUL R. CURREN Accounts Payable Cleared AP Automation -1,126.25 05/07/2026 05/31/2026 APA009530 PEOPLE SERVICES, INC. Accounts Payable Cleared AP Automation -200.00 05/07/2026 05/31/2026 APA009531 PG&E Accounts Payable Cleared AP Automation -1,028.16 05/07/2026 05/31/2026 APA009532 PG&E Accounts Payable Cleared AP Automation -17.72 05/07/2026 05/31/2026 APA009533 RAINBOW AGRICULTURAL SERVICES Accounts Payable Cleared AP Automation -36.43 05/07/2026 05/31/2026 APA009534 STAPLES BUSINESS ADVANTAGE Accounts Payable Cleared AP Automation -397.83 05/07/2026 05/31/2026 APA009535 THATCHER COMPANY OF CA., INC. Accounts Payable Cleared AP Automation -11,101.66 05/07/2026 05/31/2026 APA009536 VALLEY INTERNET Accounts Payable Cleared AP Automation -99.00 05/07/2026 05/31/2026 APA009537 VERIZON WIRELESS Accounts Payable Cleared AP Automation -2,320.47 05/07/2026 05/31/2026 APA009538 VESTIS Accounts Payable Cleared AP Automation -203.61 05/07/2026 05/31/2026 APA009539 YOLO COUNTY FLOOD CONTROL Accounts Payable Cleared AP Automation -1,282.32 05/13/2026 05/31/2026 APA009540 ALLIANT INSURANCE SERVICES, INC. NPB Main Accounts Payable Cleared AP Automation -692.00 05/13/2026 05/31/2026 APA009541 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -95.11 05/13/2026 05/31/2026 APA009542 AmWINS GROUP BENEFITS, INC. Accounts Payable Cleared AP Automation -49,762.80 05/13/2026 05/31/2026 APA009543 AT&T MOBILITY Accounts Payable Cleared AP Automation -40.74 05/13/2026 05/31/2026 APA009544 DEPT OF JUSTICE Accounts Payable Cleared AP Automation -210.00 05/13/2026 05/31/2026 APA009545 GLADWELL GOVERNMENTAL SERVICES Accounts Payable Cleared AP Automation -600.00 05/13/2026 05/31/2026 APA009546 INSURANCE AND BENEFITS TRUST OF PORAC Accounts Payable Cleared AP Automation -680.00 05/13/2026 05/31/2026 APA009547 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -31.10 05/13/2026 05/31/2026 APA009548 LEVIO CONSEILS INC. Accounts Payable Cleared AP Automation -528.00 05/13/2026 05/31/2026 APA009549 LEXIPOL LLC Accounts Payable Cleared AP Automation -4,004.67 05/13/2026 05/31/2026 APA009550 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Cleared AP Automation -206.00 05/13/2026 05/31/2026 APA009551 MANAGEMENT CONNECTIONS (Cloverdale) Accounts Payable Cleared AP Automation -75.00 05/13/2026 05/31/2026 APA009552 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -257.96 05/13/2026 05/31/2026 APA009553 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -55.42 05/13/2026 05/31/2026 APA009554 PAUL R. CURREN Accounts Payable Cleared AP Automation -9,713.13 05/13/2026 05/31/2026 APA009555 PITNEY BOWES BANK INC PURCHASE POWER Accounts Payable Cleared AP Automation -2,532.25 05/13/2026 05/31/2026 APA009556 PLAZA PAINT & SUPPLIES Accounts Payable Cleared AP Automation -342.13 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 6 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/13/2026 05/31/2026 APA009557 POLESTAR COMPUTERS Accounts Payable Cleared AP Automation -6,771.00 05/13/2026 05/31/2026 APA009558 REMIF Accounts Payable Cleared AP Automation -102,695.60 05/13/2026 05/31/2026 APA009559 REMIF Accounts Payable Cleared AP Automation -176.90 05/13/2026 05/31/2026 APA009560 ROBERT NISHIYAMA Accounts Payable Cleared AP Automation -1,116.99 05/13/2026 05/31/2026 APA009561 SAFETY-KLEEN CORPORATION Accounts Payable Cleared AP Automation -292.62 05/13/2026 05/31/2026 APA009562 SAN DIEGO POLICE EQUIPMENT CO Accounts Payable Cleared AP Automation -2,321.02 05/13/2026 05/31/2026 APA009563 SHRED-IT USA LLC Accounts Payable Cleared AP Automation -545.01 05/13/2026 05/31/2026 APA009564 THE STANDARD INSURANCE COMPANY Accounts Payable Cleared AP Automation -2,626.96 05/13/2026 05/31/2026 APA009565 THE UPS STORE #5161 Accounts Payable Cleared AP Automation -30.00 05/13/2026 05/31/2026 APA009566 TRACTOR SUPPLY CREDIT PLAN Accounts Payable Cleared AP Automation -459.95 05/13/2026 05/31/2026 APA009567 UKIAH PAPER SUPPLY, INC. Accounts Payable Cleared AP Automation -4,823.97 05/14/2026 05/31/2026 61173 ANTHONY ADAMS Accounts Payable Cleared Check -102.10 05/14/2026 05/31/2026 61174 AUTUMN BROWN Accounts Payable Cleared Check -50.00 05/14/2026 05/31/2026 61175 COUNTY OF LAKE - HEALTH SVCS Accounts Payable Cleared Check -451.00 05/14/2026 05/31/2026 61176 DALE STOEBE Accounts Payable Cleared Check -590.00 05/14/2026 05/31/2026 61177 LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT Accounts Payable Cleared Check -250.00 05/14/2026 61178 ODD FELLOWS (1.O.O.F.) #241 Accounts Payable Outstanding Check -6.62 05/14/2026 05/31/2026 61179 RYAN COOLEY Accounts Payable Cleared Check -50.24 05/14/2026 05/31/2026 61180 TAMARA PRATHER Accounts Payable Cleared Check -405.00 05/14/2026 05/31/2026 APA009568 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -322.81 05/14/2026 05/31/2026 APA009569 ARBOR ENVIRONMENTAL, LLC. Accounts Payable Cleared AP Automation -1,200.00 05/14/2026 05/31/2026 APA009570 AT&T Accounts Payable Cleared AP Automation -3,374.64 05/14/2026 05/31/2026 APA009571 AT&T Accounts Payable Cleared AP Automation -31.76 05/14/2026 05/31/2026 APA009572 AT&T Accounts Payable Cleared AP Automation -113.61 05/14/2026 05/31/2026 APA009573 CFM-SF, INC Accounts Payable Cleared AP Automation -9,389.99 05/14/2026 05/31/2026 APA009574 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Cleared AP Automation -3,920.00 05/14/2026 05/31/2026 APA009575 CONSOR Accounts Payable Cleared AP Automation -10,000.00 05/14/2026 05/31/2026 APA009576 DAVIS TIRE & AUTO REPAIR Accounts Payable Cleared AP Automation -809.70 05/14/2026 05/31/2026 APA009577 DUDEK Accounts Payable Cleared AP Automation -7,860.37 05/14/2026 05/31/2026 APA009578 JAMES DAY CONSTRUCTION, INC. Accounts Payable Cleared AP Automation -1,642.00 05/14/2026 05/31/2026 APA009579 LAKE CO OFFICE OF EDUCATION Accounts Payable Cleared AP Automation -116.00 05/14/2026 05/31/2026 APA009580 MC ENGINEERING, INC Accounts Payable Cleared AP Automation -19,201.58 05/14/2026 05/31/2026 APA009581 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -124.99 05/14/2026 05/31/2026 APA009582 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -597.60 05/14/2026 05/31/2026 APA009583 ONLINE INFORMATION SERVICES Accounts Payable Cleared AP Automation -45.72 05/14/2026 05/31/2026 APA009584 PACE ENGINEERING, INC. Accounts Payable Cleared AP Automation -2,081.75 05/14/2026 05/31/2026 APA009585 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -973.31 05/14/2026 05/31/2026 APA009586 PG&E Accounts Payable Cleared AP Automation -2,093.36 05/14/2026 05/31/2026 APA009587 R.S. HUGHES Accounts Payable Cleared AP Automation -601.69 05/14/2026 05/31/2026 APA009588 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -315.91 05/14/2026 05/31/2026 APA009589 RICOH USA, INC. Accounts Payable Cleared AP Automation -107.49 05/14/2026 05/31/2026 APA009590 TRI-CITIES ANSWERING SERVICE Accounts Payable Cleared AP Automation -150.29 05/14/2026 05/31/2026 APA009591 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Cleared AP Automation -11,381.20 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 7 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/14/2026 05/31/2026 APA009592 VERIZON WIRELESS Accounts Payable Cleared AP Automation -956.34 05/14/2026 05/31/2026 APA009593 VESTIS Accounts Payable Cleared AP Automation -57.86 05/14/2026 05/31/2026 APA009594 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -96.63 05/15/2026 06/30/2026 61164 AFLAC Accounts Payable Pending Clear Check -580.98 05/15/2026 05/31/2026 61165 CA STATE DISBURSEMENT UNIT Accounts Payable Cleared Check -318.46 05/15/2026 05/31/2026 61166 FRANCHISE TAX BOARD Accounts Payable Cleared Check -120.00 05/15/2026 05/31/2026 61167 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Cleared Check -360.00 05/15/2026 05/31/2026 61168 LEGALSHIELD Accounts Payable Cleared Check -357.25 05/15/2026 61169 LPOA Accounts Payable Outstanding Check -560.00 05/15/2026 05/31/2026 61170 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Cleared Check -1,515.00 05/15/2026 05/31/2026 61171 VALIC - C/O JP MORGAN CHASE Accounts Payable Cleared Check -2,363.92 05/15/2026 06/30/2026 61172 VEHICLE REGISTRATION COLLECTIONS Accounts Payable Pending Clear Check -288.00 05/15/2026 05/31/2026 61181 LAKEPORT DISPOSAL, INC. Accounts Payable Cleared Check -124,162.27 05/15/2026 05/31/2026 DFT0004284 CALPERS Accounts Payable Cleared Bank Draft -4,062.12 05/15/2026 05/31/2026 DFT0004285 CALPERS Accounts Payable Cleared Bank Draft -4,133.03 05/15/2026 05/31/2026 DFT0004286 CALPERS Accounts Payable Cleared Bank Draft -5,902.67 05/15/2026 05/31/2026 DFT0004287 CALPERS Accounts Payable Cleared Bank Draft -6,062.62 05/15/2026 05/31/2026 DFT0004288 CALPERS Accounts Payable Cleared Bank Draft -3,894.42 05/15/2026 05/31/2026 DFT0004289 CALPERS Accounts Payable Cleared Bank Draft -6,902.85 05/15/2026 05/31/2026 DFT0004290 CALPERS Accounts Payable Cleared Bank Draft -540.38 05/15/2026 05/31/2026 DFT0004291 CALPERS Accounts Payable Cleared Bank Draft -1,465.03 05/15/2026 05/31/2026 DFT0004292 CALPERS Accounts Payable Cleared Bank Draft -48.36 05/15/2026 05/31/2026 DFT0004293 IRS Accounts Payable Cleared Bank Draft -4,724.36 05/15/2026 05/31/2026 DFT0004294 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -5,520.05 05/15/2026 05/31/2026 DFT0004295 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -2,107.38 05/15/2026 05/31/2026 DFT0004296 IRS Accounts Payable Cleared Bank Draft -13,965.55 05/15/2026 05/31/2026 DFT0004297 IRS Accounts Payable Cleared Bank Draft -310.00 05/18/2026 61182 LPOA Accounts Payable Outstanding Check -3,025.00 05/21/2026 05/31/2026 APA009595 ADAMS ASHBY GROUP, LLC. Accounts Payable Cleared AP Automation -3,500.00 05/21/2026 05/31/2026 APA009596 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Cleared AP Automation -10,392.60 05/21/2026 05/31/2026 APA009597 DEPT OF JUSTICE Accounts Payable Cleared AP Automation -164.00 05/21/2026 05/31/2026 APA009598 FOSTER & FOSTER, INC. Accounts Payable Cleared AP Automation -2,880.00 05/21/2026 05/31/2026 APA009599 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -117.45 05/21/2026 05/31/2026 APA009600 LAKE COUNTY PEG TV Accounts Payable Cleared AP Automation -2,000.00 05/21/2026 05/31/2026 APA009601 LEXIPOL LLC Accounts Payable Cleared AP Automation -3,334.10 05/21/2026 05/31/2026 APA009602 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -34.28 05/21/2026 05/31/2026 APA009603 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -39.80 05/21/2026 05/31/2026 APA009604 ONLINE INFORMATION SERVICES Accounts Payable Cleared AP Automation -37.38 05/21/2026 05/31/2026 APA009605 PITNEY BOWES GLOBAL FINANCIAL SVCS Accounts Payable Cleared AP Automation -169.20 05/21/2026 05/31/2026 APA009606 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -491.23 05/21/2026 05/31/2026 APA009607 RICOH USA, INC. Accounts Payable Cleared AP Automation -150.60 05/21/2026 05/31/2026 APA009608 ROBERT NISHIYAMA Accounts Payable Cleared AP Automation -1,051.99 05/21/2026 05/31/2026 APA009609 SEBIS DIRECT, INC - POSTAGE Accounts Payable Cleared AP Automation -3,400.00 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 8 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/21/2026 05/31/2026 APA009610 TRILOGY MEDWASTE WEST, LLC Accounts Payable Cleared AP Automation -254.95 05/21/2026 05/31/2026 APA009611 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -631.48 05/27/2026 05/31/2026 APA009612 DAVIS TIRE & AUTO REPAIR Accounts Payable Cleared AP Automation -90.00 05/27/2026 05/31/2026 APA009613 DEPT OF JUSTICE Accounts Payable Cleared AP Automation -198.00 05/27/2026 05/31/2026 APA009614 DOKKEN ENGINEERING Accounts Payable Cleared AP Automation -3,235.90 05/27/2026 05/31/2026 APA009615 EUREKA OXYGEN COMPANY Accounts Payable Cleared AP Automation -500.04 05/27/2026 05/31/2026 APA009616 FERRELLGAS Accounts Payable Cleared AP Automation -32.51 05/27/2026 05/31/2026 APA009617 INSURANCE AND BENEFITS TRUST OF PORAC Accounts Payable Cleared AP Automation -340.00 05/27/2026 05/31/2026 APA009618 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -1,413.75 05/27/2026 05/31/2026 APA009619 LANGUAGE LINE SERVICES, INC. Accounts Payable Cleared AP Automation -27.26 05/27/2026 05/31/2026 APA009620 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -3,923.64 05/27/2026 05/31/2026 APA009621 MEDIACOM Accounts Payable Cleared AP Automation -317.81 05/27/2026 05/31/2026 APA009622 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -358.46 05/27/2026 05/31/2026 APA009623 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -129.45 05/27/2026 05/31/2026 APA009624 NORTH COAST COMMUNITY PLANNING Accounts Payable Cleared AP Automation -1,150.00 05/27/2026 05/31/2026 APA009625 PG&E Accounts Payable Cleared AP Automation -10.69 05/27/2026 05/31/2026 APA009626 PLAZA PAINT & SUPPLIES Accounts Payable Cleared AP Automation -87.81 05/27/2026 05/31/2026 APA009627 PUBLIC AGENCY RISK MANAGEMENT ASSOCIATION Accounts Payable Cleared AP Automation -300.00 05/27/2026 05/31/2026 APA009628 RAINBOW AGRICULTURAL SERVICES Accounts Payable Cleared AP Automation -19.28 05/27/2026 05/31/2026 APA009629 RB PEST CONTROL Accounts Payable Cleared AP Automation -550.00 05/27/2026 05/31/2026 APA009630 SUTTER LAKESIDE HOSPITAL Accounts Payable Cleared AP Automation -25.00 05/27/2026 05/31/2026 APA009631 THE SHOE BOX Accounts Payable Cleared AP Automation -200.00 05/27/2026 05/31/2026 APA009632 THE UPS STORE #5161 Accounts Payable Cleared AP Automation -15.73 05/27/2026 05/31/2026 APA009633 UCC RENTALS Accounts Payable Cleared AP Automation -412.50 05/27/2026 05/31/2026 APA009634 UKIAH PAPER SUPPLY, INC. Accounts Payable Cleared AP Automation -2,402.19 05/27/2026 05/31/2026 APA009635 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -2,163.25 05/28/2026 06/30/2026 61195 LAKE ORTHODONTICS Accounts Payable Pending Clear Check -1,000.00 05/28/2026 06/30/2026 61196 TRIGEN Accounts Payable Pending Clear Check -250.00 05/29/2026 06/30/2026 61190 CA STATE DISBURSEMENT UNIT Accounts Payable Pending Clear Check -318.46 05/29/2026 06/30/2026 61191 FRANCHISE TAX BOARD Accounts Payable Pending Clear Check -120.00 05/29/2026 06/30/2026 61192 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Pending Clear Check -1,515.00 05/29/2026 06/30/2026 61193 VALIC - C/O JP MORGAN CHASE Accounts Payable Pending Clear Check -2,150.00 05/29/2026 06/30/2026 61194 VEHICLE REGISTRATION COLLECTIONS Accounts Payable Pending Clear Check -48.00 05/29/2026 06/30/2026 DFT0004299 CALPERS Accounts Payable Pending Clear Bank Draft -3,948.01 05/29/2026 06/30/2026 DFT0004300 CALPERS Accounts Payable Pending Clear Bank Draft -4,016.92 05/29/2026 06/30/2026 DFT0004301 CALPERS Accounts Payable Pending Clear Bank Draft -5,902.67 05/29/2026 06/30/2026 DFT0004302 CALPERS Accounts Payable Pending Clear Bank Draft -6,062.62 05/29/2026 06/30/2026 DFT0004303 CALPERS Accounts Payable Pending Clear Bank Draft -3,917.34 05/29/2026 06/30/2026 DFT0004304 CALPERS Accounts Payable Pending Clear Bank Draft -6,943.48 05/29/2026 06/30/2026 DFT0004305 CALPERS Accounts Payable Pending Clear Bank Draft -540.38 05/29/2026 06/30/2026 DFT0004306 CALPERS Accounts Payable Pending Clear Bank Draft -1,465.03 05/29/2026 06/30/2026 DFT0004307 CALPERS Accounts Payable Pending Clear Bank Draft -48.36 05/29/2026 05/31/2026 DFT0004308 IRS Accounts Payable Cleared Bank Draft -5,012.36 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 9 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/29/2026 05/31/2026 DFT0004309 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -6,295.31 05/29/2026 05/31/2026 DFT0004310 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -2,244.35 05/29/2026 05/31/2026 DFT0004311 IRS Accounts Payable Cleared Bank Draft -15,452.06 05/29/2026 05/31/2026 DFT0004312 IRS Accounts Payable Cleared Bank Draft -235.60 06/10/2026 06/30/2026 APA009636 4LEAF, INC. Accounts Payable Pending Clear AP Automation -11,213.75 06/10/2026 06/30/2026 APA009637 ABC SEWER & DRAIN Accounts Payable Pending Clear AP Automation -2,600.00 06/10/2026 06/30/2026 APA009638 ADAMS ASHBY GROUP, LLC. Accounts Payable Pending Clear AP Automation -41,331.93 06/10/2026 06/30/2026 APA009639 ADVANCED SECURITY SYSTEMS Accounts Payable Pending Clear AP Automation -114.00 06/10/2026 06/30/2026 APA009640 ALPHA ANALYTICAL LABORATORIES Accounts Payable Pending Clear AP Automation -341.00 06/10/2026 06/30/2026 APA009641 AMAZON CAPITAL SERVICES, INC. Accounts Payable Pending Clear AP Automation -1,266.17 06/10/2026 06/30/2026 APA009642 APEX TECHNOLOGY MGMT, INC. Accounts Payable Pending Clear AP Automation -6,446.64 06/10/2026 06/30/2026 APA009643 AT&T CALNET3 Accounts Payable Pending Clear AP Automation -146.10 06/10/2026 06/30/2026 APA009644 AT&T CALNET3 Accounts Payable Pending Clear AP Automation -296.34 06/10/2026 06/30/2026 APA009645 B & B INDUSTRIAL SUPPLY, INC. Accounts Payable Pending Clear AP Automation -182.66 06/10/2026 06/30/2026 APA009646 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Pending Clear AP Automation -12,525.60 06/10/2026 06/30/2026 APA009647 COUNTY OF LAKE - INFO TECH Accounts Payable Pending Clear AP Automation -2,264.75 06/10/2026 06/30/2026 APA009648 COUNTY OF LAKE - SPECIAL DIST Accounts Payable Pending Clear AP Automation -80,050.26 06/10/2026 06/30/2026 APA009649 DAVIS TIRE & AUTO REPAIR Accounts Payable Pending Clear AP Automation -40.00 06/10/2026 06/30/2026 APA009650 DEPT OF INDUSTRIAL RELATIONS Accounts Payable Pending Clear AP Automation -225.00 06/10/2026 06/30/2026 APA009651 EAST BAY TIRE / R&G TIRE CENTR Accounts Payable Pending Clear AP Automation -247.06 06/10/2026 06/30/2026 APA009652 EUREKA OXYGEN COMPANY Accounts Payable Pending Clear AP Automation -20.28 06/10/2026 06/30/2026 APA009653 G & G PRINTING SERVICES Accounts Payable Pending Clear AP Automation -204.56 06/10/2026 06/30/2026 APA009654 GRAINGER Accounts Payable Pending Clear AP Automation -2,318.56 06/10/2026 06/30/2026 APA009655 HANSEL FORD Accounts Payable Pending Clear AP Automation -164.27 06/10/2026 06/30/2026 APA009656 HENRY REPAIRS HVAC INC. Accounts Payable Pending Clear AP Automation -700.00 06/10/2026 06/30/2026 APA009657 IMAGE SALES, INC. Accounts Payable Pending Clear AP Automation -82.75 06/10/2026 06/30/2026 APA009658 IRONEDGE GROUP Accounts Payable Pending Clear AP Automation -649.99 06/10/2026 06/30/2026 APA009659 JAMES DAY CONSTRUCTION, INC. Accounts Payable Pending Clear AP Automation -6,854.00 06/10/2026 06/30/2026 APA009660 LAKE COUNTY CHAMBER OF COMMERCE Accounts Payable Pending Clear AP Automation -1,500.00 06/10/2026 06/30/2026 APA009661 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Pending Clear AP Automation -520.26 06/10/2026 06/30/2026 APA009662 LAKE COUNTY PEG TV Accounts Payable Pending Clear AP Automation -7,285.24 06/10/2026 06/30/2026 APA009663 LAKEPORT FENWAY AVENUE LP Accounts Payable Pending Clear AP Automation -1,311,125.21 06/10/2026 06/30/2026 APA009664 MANAGEMENT CONNECTIONS Accounts Payable Pending Clear AP Automation -1,209.60 06/10/2026 06/30/2026 APA009665 MENDO MILL & LUMBER CO. Accounts Payable Pending Clear AP Automation -1,488.97 06/10/2026 06/30/2026 APA009666 NAPA AUTO - LAKE PARTS Accounts Payable Pending Clear AP Automation -304.99 06/10/2026 06/30/2026 APA009667 NICK BARBIERI TRUCKING, LLC Accounts Payable Pending Clear AP Automation -3,144.43 06/10/2026 06/30/2026 APA009668 NUSO Accounts Payable Pending Clear AP Automation -279.27 06/10/2026 06/30/2026 APA009669 O'REILLY AUTO PARTS Accounts Payable Pending Clear AP Automation -114.30 06/10/2026 06/30/2026 APA009670 OXIDATION TECHNOLOGIES, LLC. Accounts Payable Pending Clear AP Automation -5,170.50 06/10/2026 06/30/2026 APA009671 PACE SUPPLY #03391-00 Accounts Payable Pending Clear AP Automation -639.54 06/10/2026 06/30/2026 APA009672 PAUL R. CURREN Accounts Payable Pending Clear AP Automation -11,210.94 06/10/2026 06/30/2026 APA009673 PEOPLE SERVICES, INC. Accounts Payable Pending Clear AP Automation -200.00 06/10/2026 06/30/2026 APA009674 PG&E Accounts Payable Pending Clear AP Automation -1,068.17 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 10 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
06/10/2026 06/30/2026 APA009675 PG&E Accounts Payable Pending Clear AP Automation -41,170.65 06/10/2026 06/30/2026 APA009676 PG&E Accounts Payable Pending Clear AP Automation -427.46 06/10/2026 06/30/2026 APA009677 PG&E Accounts Payable Pending Clear AP Automation -1,242.33 06/10/2026 06/30/2026 APA009678 PG&E Accounts Payable Pending Clear AP Automation -277.47 06/10/2026 06/30/2026 APA009679 PG&E Accounts Payable Pending Clear AP Automation -1,522.36 06/10/2026 06/30/2026 APA009680 PG&E Accounts Payable Pending Clear AP Automation -91.37 06/10/2026 06/30/2026 APA009681 PG&E Accounts Payable Pending Clear AP Automation -7,671.55 06/10/2026 06/30/2026 APA009682 PG&E Accounts Payable Pending Clear AP Automation -317.81 06/10/2026 06/30/2026 APA009683 PG&E Accounts Payable Pending Clear AP Automation -73.09 06/10/2026 06/30/2026 APA009684 PG&E Accounts Payable Pending Clear AP Automation -11.46 06/10/2026 06/30/2026 APA009685 PIAZZA CONSTRUCTION Accounts Payable Pending Clear AP Automation -81,049.06 06/10/2026 06/30/2026 APA009686 PLAZA PAINT & SUPPLIES Accounts Payable Pending Clear AP Automation -1,095.90 06/10/2026 06/30/2026 APA009687 R.S. HUGHES Accounts Payable Pending Clear AP Automation -26.54 06/10/2026 06/30/2026 APA009688 RAINBOW AGRICULTURAL SERVICES Accounts Payable Pending Clear AP Automation -138.33 06/10/2026 06/30/2026 APA009689 RB PEST CONTROL Accounts Payable Pending Clear AP Automation -200.00 06/10/2026 06/30/2026 APA009690 REMIF Accounts Payable Pending Clear AP Automation -108,231.72 06/10/2026 06/30/2026 APA009691 REMIF Accounts Payable Pending Clear AP Automation -173.85 06/10/2026 06/30/2026 APA009692 RESOURCES RECYCLING & RECOVERY Accounts Payable Pending Clear AP Automation -5,000.00 06/10/2026 06/30/2026 APA009693 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Pending Clear AP Automation -254.93 06/10/2026 06/30/2026 APA009694 RICOH USA, INC. Accounts Payable Pending Clear AP Automation -375.80 06/10/2026 06/30/2026 APA009695 SAN DIEGO POLICE EQUIPMENT CO Accounts Payable Pending Clear AP Automation -1,204.08 06/10/2026 06/30/2026 APA009696 SEBIS DIRECT, INC. - PRINTING Accounts Payable Pending Clear AP Automation -513.61 06/10/2026 06/30/2026 APA009697 SHN CONSULTING ENGINEERS & GEO Accounts Payable Pending Clear AP Automation -483.75 06/10/2026 06/30/2026 APA009698 SHRED-IT USA LLC Accounts Payable Pending Clear AP Automation -468.39 06/10/2026 06/30/2026 APA009699 STAPLES BUSINESS ADVANTAGE Accounts Payable Pending Clear AP Automation -74.86 06/10/2026 06/30/2026 APA009700 THATCHER COMPANY OF CA., INC. Accounts Payable Pending Clear AP Automation -12,320.99 06/10/2026 06/30/2026 APA009701 THE SHOE BOX Accounts Payable Pending Clear AP Automation -200.00 06/10/2026 06/30/2026 APA009702 THE UPS STORE #5161 Accounts Payable Pending Clear AP Automation -30.00 06/10/2026 06/30/2026 APA009703 TRACTOR SUPPLY CREDIT PLAN Accounts Payable Pending Clear AP Automation -13.04 06/10/2026 06/30/2026 APA009704 UKIAH PAPER SUPPLY, INC. Accounts Payable Pending Clear AP Automation -149.44 06/10/2026 06/30/2026 APA009705 USA BLUE BOOK Accounts Payable Pending Clear AP Automation -364.74 06/10/2026 06/30/2026 APA009706 VALLEY INTERNET Accounts Payable Pending Clear AP Automation -99.00 06/10/2026 06/30/2026 APA009707 VERIZON WIRELESS Accounts Payable Pending Clear AP Automation -2,558.78 06/10/2026 06/30/2026 APA009708 VESTIS Accounts Payable Pending Clear AP Automation -115.72 06/10/2026 06/30/2026 APA009709 WESTGATE PETROLEUM CO., INC. Accounts Payable Pending Clear AP Automation -8,771.73 06/10/2026 06/30/2026 APA009710 WESTSIDE COMMUNITY PARK Accounts Payable Pending Clear AP Automation -1,500.00 06/10/2026 06/30/2026 APA009711 WHITESTAR GROUP, INC Accounts Payable Pending Clear AP Automation -8,445.00 06/10/2026 06/30/2026 APA009712 WILDA SHOCK Accounts Payable Pending Clear AP Automation -1,500.00 06/10/2026 06/30/2026 APA009713 YOLO COUNTY FLOOD CONTROL Accounts Payable Pending Clear AP Automation -3,605.33 06/11/2026 06/30/2026 61197 AFLAC Accounts Payable Pending Clear Check -580.98 06/11/2026 06/30/2026 61198 CA STATE DISBURSEMENT UNIT Accounts Payable Pending Clear Check -318.46 06/11/2026 06/30/2026 61199 FRANCHISE TAX BOARD Accounts Payable Pending Clear Check -120.00 06/11/2026 06/30/2026 61200 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Pending Clear Check -360.00 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 11 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
06/11/2026 61201 LPOA Accounts Payable Outstanding Check -560.00 06/11/2026 06/30/2026 61202 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Pending Clear Check -1,515.00 06/11/2026 06/30/2026 61203 VALIC - C/O JP MORGAN CHASE Accounts Payable Pending Clear Check -2,363.92 06/12/2026 06/30/2026 DFT0004313 CALPERS Accounts Payable Pending Clear Bank Draft -4,603.98 06/12/2026 06/30/2026 DFT0004314 CALPERS Accounts Payable Pending Clear Bank Draft -4,684.34 06/12/2026 06/30/2026 DFT0004315 CALPERS Accounts Payable Pending Clear Bank Draft -5,964.67 06/12/2026 06/30/2026 DFT0004316 CALPERS Accounts Payable Pending Clear Bank Draft -6,126.29 06/12/2026 06/30/2026 DFT0004317 CALPERS Accounts Payable Pending Clear Bank Draft -3,917.34 06/12/2026 06/30/2026 DFT0004318 CALPERS Accounts Payable Pending Clear Bank Draft -6,943.49 06/12/2026 06/30/2026 DFT0004319 CALPERS Accounts Payable Pending Clear Bank Draft -540.38 06/12/2026 06/30/2026 DFT0004320 CALPERS Accounts Payable Pending Clear Bank Draft -1,465.03 06/12/2026 06/30/2026 DFT0004321 CALPERS Accounts Payable Pending Clear Bank Draft -49.29 06/12/2026 06/30/2026 DFT0004322 IRS Accounts Payable Pending Clear Bank Draft -5,095.10 06/12/2026 06/30/2026 DFT0004323 CA EMP DEVELOPMENT DEPT Accounts Payable Pending Clear Bank Draft -6,700.71 06/12/2026 06/30/2026 DFT0004324 CA EMP DEVELOPMENT DEPT Accounts Payable Pending Clear Bank Draft -2,281.37 06/12/2026 06/30/2026 DFT0004325 IRS Accounts Payable Pending Clear Bank Draft -16,380.36 06/12/2026 06/30/2026 DFT0004326 IRS Accounts Payable Pending Clear Bank Draft -223.20 06/15/2026 06/30/2026 61204 LAKEPORT DISPOSAL, INC. Accounts Payable Pending Clear Check -121,328.19 06/16/2026 06/30/2026 61205 KELLY BUENDIA Accounts Payable Pending Clear Check -2,323.67 06/16/2026 06/30/2026 61206 KIWANIS CLUB OF LAKEPORT Accounts Payable Pending Clear Check -250.00 06/16/2026 06/30/2026 61207 REDWOOD QUALITY MANAGEMENT COMPANY Accounts Payable Pending Clear Check -4,256.09 06/16/2026 06/30/2026 APA009714 ACME RIGGING & SUPPLY COMPANY Accounts Payable Pending Clear AP Automation -1,742.07 06/16/2026 06/30/2026 APA009715 APEX TECHNOLOGY MGMT, INC. Accounts Payable Pending Clear AP Automation -560.00 06/16/2026 06/30/2026 APA009716 AQUA PRODUCTS Accounts Payable Pending Clear AP Automation -36.98 06/16/2026 06/30/2026 APA009717 AT&T Accounts Payable Pending Clear AP Automation -3,374.64 06/16/2026 06/30/2026 APA009718 AT&T CALNET3 Accounts Payable Pending Clear AP Automation -189.05 06/16/2026 06/30/2026 APA009719 AT&T CALNET3 Accounts Payable Pending Clear AP Automation -97.05 06/16/2026 06/30/2026 APA009720 AT&T CALNET3 Accounts Payable Pending Clear AP Automation -257.15 06/16/2026 06/30/2026 APA009721 BRAY INTERNATIONAL, INC Accounts Payable Pending Clear AP Automation -1,255.47 06/16/2026 06/30/2026 APA009722 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Pending Clear AP Automation -3,090.00 06/16/2026 06/30/2026 APA009723 COMPREHENSIVE DRUG TESTING, INC Accounts Payable Pending Clear AP Automation -196.00 06/16/2026 06/30/2026 APA009724 CONSOR Accounts Payable Pending Clear AP Automation -22,155.50 06/16/2026 06/30/2026 APA009725 DEEP VALLEY SECURITY Accounts Payable Pending Clear AP Automation -620.30 06/16/2026 06/30/2026 APA009726 DEPT OF JUSTICE Accounts Payable Pending Clear AP Automation -175.00 06/16/2026 06/30/2026 APA009727 DUDEK Accounts Payable Pending Clear AP Automation -14,917.50 06/16/2026 06/30/2026 APA009728 FED EX Accounts Payable Pending Clear AP Automation -16.69 06/16/2026 06/30/2026 APA009729 FRANK HAAS Accounts Payable Pending Clear AP Automation -50.00 06/16/2026 06/30/2026 APA009730 GOVERNMENTJOBS.COM, INC Accounts Payable Pending Clear AP Automation -961.82 06/16/2026 06/30/2026 APA009731 IMAGE SALES, INC. Accounts Payable Pending Clear AP Automation -37.28 06/16/2026 06/30/2026 APA009732 IT'S ABOUT TIME, INC Accounts Payable Pending Clear AP Automation -54.04 06/16/2026 06/30/2026 APA009733 L. N. CURTIS & SONS Accounts Payable Pending Clear AP Automation -460.20 06/16/2026 06/30/2026 APA009734 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Pending Clear AP Automation -598.08 06/16/2026 06/30/2026 APA009735 LANGUAGE LINE SERVICES, INC. Accounts Payable Pending Clear AP Automation -2.82 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 12 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
06/16/2026 06/30/2026 APA009736 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Pending Clear AP Automation -206.00 06/16/2026 06/30/2026 APA009737 MENDO MILL & LUMBER CO. Accounts Payable Pending Clear AP Automation -550.10 06/16/2026 06/30/2026 APA009738 NAPA AUTO - LAKE PARTS Accounts Payable Pending Clear AP Automation -494.02 06/16/2026 06/30/2026 APA009739 ONLINE INFORMATION SERVICES Accounts Payable Pending Clear AP Automation -38.10 06/16/2026 06/30/2026 APA009740 PACE SUPPLY #03391-00 Accounts Payable Pending Clear AP Automation -5,059.44 06/16/2026 06/30/2026 APA009741 PAUL R. CURREN Accounts Payable Pending Clear AP Automation -662.50 06/16/2026 06/30/2026 APA009742 PIAZZA CONSTRUCTION Accounts Payable Pending Clear AP Automation -47,786.43 06/16/2026 06/30/2026 APA009743 PITNEY BOWES BANK INC PURCHASE POWER Accounts Payable Pending Clear AP Automation -3,039.75 06/16/2026 06/30/2026 APA009744 POLYDYNE, INC. Accounts Payable Pending Clear AP Automation -1,879.75 06/16/2026 06/30/2026 APA009745 R.B. PETERS Accounts Payable Pending Clear AP Automation -155.12 06/16/2026 06/30/2026 APA009746 R.S. HUGHES Accounts Payable Pending Clear AP Automation -343.00 06/16/2026 06/30/2026 APA009747 R3 CONSULTING GROUP, INC. Accounts Payable Pending Clear AP Automation -570.00 06/16/2026 06/30/2026 APA009748 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Pending Clear AP Automation -315.91 06/16/2026 06/30/2026 APA009749 RICOH USA, INC. Accounts Payable Pending Clear AP Automation -107.49 06/16/2026 06/30/2026 APA009750 ROYAL AUTOMOTIVE CENTER Accounts Payable Pending Clear AP Automation -25.00 06/16/2026 06/30/2026 APA009751 TEREX USA, LLC Accounts Payable Pending Clear AP Automation -1,070.00 06/16/2026 06/30/2026 APA009752 TRI-CITIES ANSWERING SERVICE Accounts Payable Pending Clear AP Automation -182.37 06/16/2026 06/30/2026 APA009753 TUFTS POLYGRAPH & INVESTIGATIONS Accounts Payable Pending Clear AP Automation -400.00 06/16/2026 06/30/2026 APA009754 USA BLUE BOOK Accounts Payable Pending Clear AP Automation -2,936.73 06/16/2026 06/30/2026 APA009755 USALCO LLC Accounts Payable Pending Clear AP Automation -10,715.14 06/16/2026 06/30/2026 APA009756 VERIZON WIRELESS Accounts Payable Pending Clear AP Automation -1,028.58 06/16/2026 06/30/2026 APA009757 VESTIS Accounts Payable Pending Clear AP Automation -116.42 06/16/2026 06/30/2026 APA009758 WEEKS DRILLING AND PUMP CO, INC Accounts Payable Pending Clear AP Automation -155,800.00 06/17/2026 06/30/2026 61208 SEAN MINNEHAN Accounts Payable Pending Clear Check -348.00 06/17/2026 06/30/2026 61209 THE STANDARD INSURANCE COMPANY Accounts Payable Pending Clear Check -1,306.21 06/17/2026 06/30/2026 61210 THURSTON CHRYSLER, DODGE, JEEP Accounts Payable Pending Clear Check -49,830.39 06/25/2026 06/30/2026 APA009759 ALPHA ANALYTICAL LABORATORIES Accounts Payable Pending Clear AP Automation -537.00 06/25/2026 06/30/2026 APA009760 APEX TECHNOLOGY MGMT, INC. Accounts Payable Pending Clear AP Automation -2,029.24 06/25/2026 06/30/2026 APA009761 ASBURY ENVIRONMENTAL SERVICES Accounts Payable Pending Clear AP Automation -173.00 06/25/2026 06/30/2026 APA009762 AT&T Accounts Payable Pending Clear AP Automation -113.61 06/25/2026 06/30/2026 APA009763 AT&T Accounts Payable Pending Clear AP Automation -31.76 06/25/2026 06/30/2026 APA009764 AT&T MOBILITY Accounts Payable Pending Clear AP Automation -30.83 06/25/2026 06/30/2026 APA009765 B & B INDUSTRIAL SUPPLY, INC. Accounts Payable Pending Clear AP Automation -532.10 06/25/2026 06/30/2026 APA009766 CLEARLAKE REDI-MIX INC. Accounts Payable Pending Clear AP Automation -835.20 06/25/2026 06/30/2026 APA009767 CONSOR Accounts Payable Pending Clear AP Automation -35,160.25 06/25/2026 06/30/2026 APA009768 COUNTY OF LAKE - SHERIFF Accounts Payable Pending Clear AP Automation -1,000.00 06/25/2026 06/30/2026 APA009769 DEPT OF JUSTICE Accounts Payable Pending Clear AP Automation -98.00 06/25/2026 06/30/2026 APA009770 DETAIL PLUS Accounts Payable Pending Clear AP Automation -300.00 06/25/2026 06/30/2026 APA009771 EAST BAY TIRE / R&G TIRE CENTR Accounts Payable Pending Clear AP Automation -866.60 06/25/2026 06/30/2026 APA009772 FERRELLGAS Accounts Payable Pending Clear AP Automation -353.91 06/25/2026 06/30/2026 APA009773 GRAINGER Accounts Payable Pending Clear AP Automation -3,030.24 06/25/2026 06/30/2026 APA009774 HENRY REPAIRS HVAC INC. Accounts Payable Pending Clear AP Automation -635.00 06/25/2026 06/30/2026 APA009775 INSOURCE SOLUTIONS GROUP Accounts Payable Pending Clear AP Automation -12,300.00 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 13 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
06/25/2026 06/30/2026 APA009776 JONES TOWING Accounts Payable Pending Clear AP Automation -150.00 06/25/2026 06/30/2026 APA009777 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Pending Clear AP Automation -13,813.58 06/25/2026 06/30/2026 APA009778 LAKE COUNTY LOCK & SAFE Accounts Payable Pending Clear AP Automation -559.08 06/25/2026 06/30/2026 APA009779 MC ENGINEERING, INC Accounts Payable Pending Clear AP Automation -15,657.25 06/25/2026 06/30/2026 APA009780 MENDO MILL & LUMBER CO. Accounts Payable Pending Clear AP Automation -1,317.71 06/25/2026 06/30/2026 APA009781 MOTOROLA SOLUTIONS, INC. Accounts Payable Pending Clear AP Automation -21.75 06/25/2026 06/30/2026 APA009782 NAPA AUTO - LAKE PARTS Accounts Payable Pending Clear AP Automation -137.20 06/25/2026 06/30/2026 APA009783 NORTH COAST COMMUNITY PLANNING Accounts Payable Pending Clear AP Automation -1,300.00 06/25/2026 06/30/2026 APA009784 OXIDATION TECHNOLOGIES, LLC. Accounts Payable Pending Clear AP Automation -3,708.92 06/25/2026 06/30/2026 APA009785 PACE ENGINEERING, INC. Accounts Payable Pending Clear AP Automation -7,225.44 06/25/2026 06/30/2026 APA009786 PACE SUPPLY #03391-00 Accounts Payable Pending Clear AP Automation -1,733.71 06/25/2026 06/30/2026 APA009787 PAPE MACHINERY Accounts Payable Pending Clear AP Automation -1,020.35 06/25/2026 06/30/2026 APA009788 PG&E Accounts Payable Pending Clear AP Automation -44,314.48 06/25/2026 06/30/2026 APA009789 POLESTAR COMPUTERS Accounts Payable Pending Clear AP Automation -8,635.61 06/25/2026 06/30/2026 APA009790 R.S. HUGHES Accounts Payable Pending Clear AP Automation -131.94 06/25/2026 06/30/2026 APA009791 RAINBOW AGRICULTURAL SERVICES Accounts Payable Pending Clear AP Automation -19.28 06/25/2026 06/30/2026 APA009792 RB PEST CONTROL Accounts Payable Pending Clear AP Automation -280.00 06/25/2026 06/30/2026 APA009793 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Pending Clear AP Automation -491.23 06/25/2026 06/30/2026 APA009794 RICOH USA, INC. Accounts Payable Pending Clear AP Automation -7.26 06/25/2026 06/30/2026 APA009795 SANTA ROSA JUNIOR COLLEGE Accounts Payable Pending Clear AP Automation -68.50 06/25/2026 06/30/2026 APA009796 SHN CONSULTING ENGINEERS & GEO Accounts Payable Pending Clear AP Automation -2,447.50 06/25/2026 06/30/2026 APA009797 SUTTER LAKESIDE HOSPITAL Accounts Payable Pending Clear AP Automation -50.00 06/25/2026 06/30/2026 APA009798 TEREX USA, LLC Accounts Payable Pending Clear AP Automation -455.00 06/25/2026 06/30/2026 APA009799 THATCHER COMPANY OF CA., INC. Accounts Payable Pending Clear AP Automation -9,159.76 06/25/2026 06/30/2026 APA009800 T-MOBILE USA, INC Accounts Payable Pending Clear AP Automation -165.00 06/25/2026 06/30/2026 APA009801 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Pending Clear AP Automation -17,317.19 06/25/2026 06/30/2026 APA009802 USA BLUE BOOK Accounts Payable Pending Clear AP Automation -4,812.00 06/25/2026 06/30/2026 APA009803 VELOCITY EHS, INC. Accounts Payable Pending Clear AP Automation -1,001.57 06/25/2026 06/30/2026 APA009804 VESTIS Accounts Payable Pending Clear AP Automation -117.12 06/25/2026 06/30/2026 APA009805 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Pending Clear AP Automation -9,450.76 06/25/2026 06/30/2026 APA009806 WASSON MEMORIAL VETERINARY CLINIC Accounts Payable Pending Clear AP Automation -78.00 06/26/2026 61211 AFLAC Accounts Payable Outstanding Check -580.98 06/26/2026 06/30/2026 61212 CA STATE DISBURSEMENT UNIT Accounts Payable Pending Clear Check -318.46 06/26/2026 61213 FRANCHISE TAX BOARD Accounts Payable Outstanding Check -120.00 06/26/2026 06/30/2026 61214 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Pending Clear Check -360.00 06/26/2026 61215 LEGALSHIELD Accounts Payable Outstanding Check -408.15 06/26/2026 61216 LPOA Accounts Payable Outstanding Check -560.00 06/26/2026 61217 MISSION SQUARE Accounts Payable Outstanding Check -1,515.00 06/26/2026 61218 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,363.92 06/26/2026 06/30/2026 DFT0004327 CALPERS Accounts Payable Pending Clear Bank Draft -5,110.54 06/26/2026 06/30/2026 DFT0004328 CALPERS Accounts Payable Pending Clear Bank Draft -5,198.94 06/26/2026 06/30/2026 DFT0004329 CALPERS Accounts Payable Pending Clear Bank Draft -5,852.51 06/26/2026 06/30/2026 DFT0004330 CALPERS Accounts Payable Pending Clear Bank Draft -6,011.09 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 14 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
06/26/2026 06/30/2026 DFT0004331 CALPERS Accounts Payable Pending Clear Bank Draft -3,917.34 06/26/2026 06/30/2026 DFT0004332 CALPERS Accounts Payable Pending Clear Bank Draft -6,943.47 06/26/2026 06/30/2026 DFT0004333 CALPERS Accounts Payable Pending Clear Bank Draft -540.38 06/26/2026 06/30/2026 DFT0004334 CALPERS Accounts Payable Pending Clear Bank Draft -1,465.03 06/26/2026 06/30/2026 DFT0004335 CALPERS Accounts Payable Pending Clear Bank Draft -49.29 06/26/2026 06/30/2026 DFT0004336 IRS Accounts Payable Pending Clear Bank Draft -5,231.38 06/26/2026 06/30/2026 DFT0004337 CA EMP DEVELOPMENT DEPT Accounts Payable Pending Clear Bank Draft -6,975.79 06/26/2026 06/30/2026 DFT0004338 CA EMP DEVELOPMENT DEPT Accounts Payable Pending Clear Bank Draft -2,334.68 06/26/2026 06/30/2026 DFT0004339 IRS Accounts Payable Pending Clear Bank Draft -17,162.96 06/26/2026 06/30/2026 DFT0004340 IRS Accounts Payable Pending Clear Bank Draft -322.40 07/02/2026 APA009807 A TOUCH OF GLASS Accounts Payable Outstanding AP Automation -400.00 07/02/2026 APA009808 ADVANCED SECURITY SYSTEMS Accounts Payable Outstanding AP Automation -90.00 07/02/2026 APA009809 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -2,847.03 07/02/2026 APA009810 APPLIED BUSINESS SOFTWARE, INC. Accounts Payable Outstanding AP Automation -5,400.00 07/02/2026 APA009811 AT&T CALNET3 Accounts Payable Outstanding AP Automation -144.95 07/02/2026 APA009812 DOKKEN ENGINEERING Accounts Payable Outstanding AP Automation -1,705.56 07/02/2026 APA009813 GOVERNMENT FINANCE OFFICERS ASSOCIATION Accounts Payable Outstanding AP Automation -385.00 07/02/2026 APA009814 GPIA LEAP SOLUTIONS, LLC Accounts Payable Outstanding AP Automation -1,072.50 07/02/2026 APA009815 GRAINGER Accounts Payable Outstanding AP Automation -609.73 07/02/2026 APA009816 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -263.27 07/02/2026 APA009817 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -2.57 07/02/2026 APA009818 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -4,138.18 07/02/2026 APA009819 MEDIACOM Accounts Payable Outstanding AP Automation -317.81 07/02/2026 APA009820 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -43.00 07/02/2026 APA009821 PG&E Accounts Payable Outstanding AP Automation -1,339.84 07/02/2026 APA009822 PG&E Accounts Payable Outstanding AP Automation -26.28 07/02/2026 APA009823 PG&E Accounts Payable Outstanding AP Automation -583.49 07/02/2026 APA009824 PG&E Accounts Payable Outstanding AP Automation -47.82 07/02/2026 APA009825 PG&E Accounts Payable Outstanding AP Automation -666.96 07/02/2026 APA009826 PG&E Accounts Payable Outstanding AP Automation -317.92 07/02/2026 APA009827 PG&E Accounts Payable Outstanding AP Automation -1,462.07 07/02/2026 APA009828 PINNACLE PUBLIC FINANCE, INC. Accounts Payable Outstanding AP Automation -155,193.00 07/02/2026 APA009829 PLAZA PAINT & SUPPLIES Accounts Payable Outstanding AP Automation -227.02 07/02/2026 APA009830 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -44.56 07/02/2026 APA009831 REVIZE, LLC. Accounts Payable Outstanding AP Automation -4,900.00 07/02/2026 APA009832 RICOH USA, INC. Accounts Payable Outstanding AP Automation -166.74 07/02/2026 APA009833 STAPLES BUSINESS ADVANTAGE Accounts Payable Outstanding AP Automation -224.78 07/02/2026 APA009834 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -1,110.36 07/02/2026 APA009835 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Outstanding AP Automation -894.35 07/02/2026 APA009836 WILLDAN FINANCIAL SERVICES Accounts Payable Outstanding AP Automation -2,008.59 07/09/2026 APA009837 4LEAF, INC. Accounts Payable Outstanding AP Automation -360.00 07/09/2026 APA009838 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding AP Automation -19,125.00 07/09/2026 APA009839 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -3,501.44 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 15 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
07/09/2026 APA009840 AmWINS GROUP BENEFITS, INC. Accounts Payable Outstanding AP Automation -24,881.40 07/09/2026 APA009841 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding AP Automation -874.64 07/09/2026 APA009842 ASBURY ENVIRONMENTAL SERVICES Accounts Payable Outstanding AP Automation -153.00 07/09/2026 APA009843 AT&T CALNET3 Accounts Payable Outstanding AP Automation -187.07 07/09/2026 APA009844 AT&T CALNET3 Accounts Payable Outstanding AP Automation -255.56 07/09/2026 APA009845 AT&T CALNET3 Accounts Payable Outstanding AP Automation -96.42 07/09/2026 APA009846 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Outstanding AP Automation -3,066.00 07/09/2026 APA009847 COUNTY OF LAKE - ANIMAL CONTROL Accounts Payable Outstanding AP Automation -638.50 07/09/2026 APA009848 COUNTY OF LAKE - INFO TECH Accounts Payable Outstanding AP Automation -999.62 07/09/2026 APA009849 DEEP VALLEY SECURITY Accounts Payable Outstanding AP Automation -620.30 07/09/2026 APA009850 DEPT OF JUSTICE Accounts Payable Outstanding AP Automation -245.00 07/09/2026 APA009851 INDEPENDENT TREE SERVICE Accounts Payable Outstanding AP Automation -820.00 07/09/2026 APA009852 INSURANCE AND BENEFITS TRUST OF PORAC Accounts Payable Outstanding AP Automation -340.00 07/09/2026 APA009853 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -634.51 07/09/2026 APA009854 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -81.56 07/09/2026 APA009855 KELSEYVILLE LUMBER Accounts Payable Outstanding AP Automation -276.81 07/09/2026 APA009856 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -206.46 07/09/2026 APA009857 LAKE COUNTY RECORD BEE Accounts Payable Outstanding AP Automation -407.89 07/09/2026 APA009858 LAKEPORT FENWAY AVENUE LP Accounts Payable Outstanding AP Automation -2,270,552.08 07/09/2026 APA009859 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -967.68 07/09/2026 APA009860 MC ENGINEERING, INC Accounts Payable Outstanding AP Automation -18,419.08 07/09/2026 APA009861 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -1,192.45 07/09/2026 APA009862 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding AP Automation -32.69 07/09/2026 APA009863 NICK BARBIERI TRUCKING, LLC Accounts Payable Outstanding AP Automation -1,844.16 07/09/2026 APA009864 NOR-CAL TELECOM Accounts Payable Outstanding AP Automation -135.00 07/09/2026 APA009865 NUSO Accounts Payable Outstanding AP Automation -280.63 07/09/2026 APA009866 ONLINE INFORMATION SERVICES Accounts Payable Outstanding AP Automation -34.29 07/09/2026 APA009867 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -262.34 07/09/2026 APA009868 PAUL R. CURREN Accounts Payable Outstanding AP Automation -3,710.00 07/09/2026 APA009869 PEOPLE SERVICES, INC. Accounts Payable Outstanding AP Automation -200.00 07/09/2026 APA009870 PETERSON TRUCKS, INC. Accounts Payable Outstanding AP Automation -135.75 07/09/2026 APA009871 PG&E Accounts Payable Outstanding AP Automation -1,744.94 07/09/2026 APA009872 PG&E Accounts Payable Outstanding AP Automation -159.48 07/09/2026 APA009873 PG&E Accounts Payable Outstanding AP Automation -12,296.72 07/09/2026 APA009874 PG&E Accounts Payable Outstanding AP Automation -10.69 07/09/2026 APA009875 PG&E Accounts Payable Outstanding AP Automation -40,985.65 07/09/2026 APA009876 R.S. HUGHES Accounts Payable Outstanding AP Automation -53.22 07/09/2026 APA009877 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -2,398.01 07/09/2026 APA009878 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -570.84 07/09/2026 APA009879 SEBIS DIRECT, INC. - PRINTING Accounts Payable Outstanding AP Automation -512.70 07/09/2026 APA009880 STAPLES BUSINESS ADVANTAGE Accounts Payable Outstanding AP Automation -332.82 07/09/2026 APA009881 TEAM VIEWER GERMANY GmbH Accounts Payable Outstanding AP Automation -5,401.52 07/09/2026 APA009882 THATCHER COMPANY OF CA., INC. Accounts Payable Outstanding AP Automation -4,642.24 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 16 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
07/09/2026 APA009883 THE SHOE BOX Accounts Payable Outstanding AP Automation -200.00 07/09/2026 APA009884 THE STANDARD INSURANCE COMPANY Accounts Payable Outstanding AP Automation -1,306.21 07/09/2026 APA009885 THE UPS STORE #5161 Accounts Payable Outstanding AP Automation -73.54 07/09/2026 APA009886 TRI-CITIES ANSWERING SERVICE Accounts Payable Outstanding AP Automation -131.46 07/09/2026 APA009887 TUFTS POLYGRAPH & INVESTIGATIONS Accounts Payable Outstanding AP Automation -400.00 07/09/2026 APA009888 TYLER TECHNOLOGIES, INC. Accounts Payable Outstanding AP Automation -6,806.00 07/09/2026 APA009889 USA BLUE BOOK Accounts Payable Outstanding AP Automation -22,209.57 07/09/2026 APA009890 VALLEY INTERNET Accounts Payable Outstanding AP Automation -99.00 07/09/2026 APA009891 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -1,603.63 07/09/2026 APA009892 VESTIS Accounts Payable Outstanding AP Automation -119.08 07/09/2026 APA009893 WILDA SHOCK Accounts Payable Outstanding AP Automation -1,500.00 07/09/2026 APA009894 YOLO COUNTY FLOOD CONTROL Accounts Payable Outstanding AP Automation -2,939.93 07/10/2026 61219 AFLAC Accounts Payable Outstanding Check -580.98 07/10/2026 61220 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -318.46 07/10/2026 61221 FRANCHISE TAX BOARD Accounts Payable Outstanding Check -468.21 07/10/2026 61222 FRANCHISE TAX BOARD Accounts Payable Outstanding Check -120.00 07/10/2026 61223 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -360.00 07/10/2026 61224 LPOA Accounts Payable Outstanding Check -495.00 07/10/2026 61225 MISSION SQUARE Accounts Payable Outstanding Check -3,878.92 07/10/2026 DFT0004341 CALPERS Accounts Payable Outstanding Bank Draft -4,076.86 07/10/2026 DFT0004342 CALPERS Accounts Payable Outstanding Bank Draft -4,124.28 07/10/2026 DFT0004343 CALPERS Accounts Payable Outstanding Bank Draft -5,767.26 07/10/2026 DFT0004344 CALPERS Accounts Payable Outstanding Bank Draft -5,901.23 07/10/2026 DFT0004345 CALPERS Accounts Payable Outstanding Bank Draft -3,983.52 07/10/2026 DFT0004346 CALPERS Accounts Payable Outstanding Bank Draft -7,050.84 07/10/2026 DFT0004347 CALPERS Accounts Payable Outstanding Bank Draft -540.38 07/10/2026 DFT0004348 CALPERS Accounts Payable Outstanding Bank Draft -1,466.83 07/10/2026 DFT0004349 CALPERS Accounts Payable Outstanding Bank Draft -47.43 07/10/2026 DFT0004350 IRS Accounts Payable Outstanding Bank Draft -4,749.02 07/10/2026 DFT0004351 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -5,831.20 07/10/2026 DFT0004352 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -2,126.27 07/10/2026 DFT0004353 IRS Accounts Payable Outstanding Bank Draft -14,308.12 07/10/2026 DFT0004354 IRS Accounts Payable Outstanding Bank Draft -241.80 07/10/2026 DFT0004355 CALPERS Accounts Payable Outstanding Bank Draft -122.45 07/10/2026 DFT0004356 CALPERS Accounts Payable Outstanding Bank Draft -125.29 07/10/2026 DFT0004357 CALPERS Accounts Payable Outstanding Bank Draft -0.93 07/10/2026 DFT0004358 IRS Accounts Payable Outstanding Bank Draft -45.82 07/10/2026 DFT0004359 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -27.57 07/10/2026 DFT0004360 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -20.54 07/10/2026 DFT0004361 IRS Accounts Payable Outstanding Bank Draft -91.06 07/13/2026 61229 BENEFIT & RISK MANAGEMENT SERVICES (BRMS) Accounts Payable Outstanding Check -136,397.40 07/13/2026 61230 STEWART TITLE OF CALIFORNIA, INC Accounts Payable Outstanding Check -5,810.00 07/13/2026 61231 TODD FREITAS Accounts Payable Outstanding Check -810.00 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 17 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
07/13/2026 DFT0004362 CALPERS Accounts Payable Outstanding Bank Draft -179,614.00 07/13/2026 DFT0004363 CALPERS Accounts Payable Outstanding Bank Draft -304,879.00 07/15/2026 61232 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -126,642.93 07/15/2026 APA009895 ACTION SANITARY, INC. Accounts Payable Outstanding AP Automation -1,673.13 07/15/2026 APA009896 ADVANCED SECURITY SYSTEMS Accounts Payable Outstanding AP Automation -9,402.00 07/15/2026 APA009897 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -1,706.00 07/15/2026 APA009898 AT&T Accounts Payable Outstanding AP Automation -3,374.64 07/15/2026 APA009899 CALIF POLICE CHIEFS ASSN. Accounts Payable Outstanding AP Automation -1,150.00 07/15/2026 APA009900 CARLTON COOPER TIRES, INC. Accounts Payable Outstanding AP Automation -64.30 07/15/2026 APA009901 CMI LIMITED CO. Accounts Payable Outstanding AP Automation -8,616.90 07/15/2026 APA009902 DEERE & COMPANY Accounts Payable Outstanding AP Automation -35,287.28 07/15/2026 APA009903 DETAIL PLUS Accounts Payable Outstanding AP Automation -900.00 07/15/2026 APA009904 EUREKA OXYGEN COMPANY Accounts Payable Outstanding AP Automation -362.65 07/15/2026 APA009905 EVERBRIDGE, INC. Accounts Payable Outstanding AP Automation -6,842.81 07/15/2026 APA009906 GENERAL CODE Accounts Payable Outstanding AP Automation -301.50 07/15/2026 APA009907 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -39.54 07/15/2026 APA009908 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -80.48 07/15/2026 APA009909 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Outstanding AP Automation -206.00 07/15/2026 APA009910 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -3,820.77 07/15/2026 APA009911 MANAGEMENT CONNECTIONS (Cloverdale) Accounts Payable Outstanding AP Automation -75.00 07/15/2026 APA009912 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -1,529.74 07/15/2026 APA009913 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding AP Automation -335.92 07/15/2026 APA009914 NORTH COAST COMMUNITY PLANNING Accounts Payable Outstanding AP Automation -1,050.00 07/15/2026 APA009915 PACE ENGINEERING, INC. Accounts Payable Outstanding AP Automation -1,083.00 07/15/2026 APA009916 PAUL R. CURREN Accounts Payable Outstanding AP Automation -9,892.81 07/15/2026 APA009917 PERKINS SEPTIC TANK CLEANING Accounts Payable Outstanding AP Automation -789.38 07/15/2026 APA009918 PLAZA PAINT & SUPPLIES Accounts Payable Outstanding AP Automation -67.69 07/15/2026 APA009919 POLESTAR COMPUTERS Accounts Payable Outstanding AP Automation -12,997.10 07/15/2026 APA009920 RB PEST CONTROL Accounts Payable Outstanding AP Automation -550.00 07/15/2026 APA009921 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -491.23 07/15/2026 APA009922 SHRED-IT USA LLC Accounts Payable Outstanding AP Automation -350.16 07/15/2026 APA009923 THE SHOE BOX Accounts Payable Outstanding AP Automation -200.00 07/15/2026 APA009924 UCC RENTALS Accounts Payable Outstanding AP Automation -1,290.00 07/15/2026 APA009925 USA BLUE BOOK Accounts Payable Outstanding AP Automation -811.12 07/15/2026 APA009926 VESTIS Accounts Payable Outstanding AP Automation -59.54 07/15/2026 APA009927 VIALYTICS Accounts Payable Outstanding AP Automation -4,580.00 07/15/2026 APA009928 WESTGATE PETROLEUM CO., INC. Accounts Payable Outstanding AP Automation -7,553.66 07/22/2026 61240 CA BLDG STANDARDS COMMISSION Accounts Payable Outstanding Check -55.94 07/22/2026 61241 DEPT OF CONSERVATION Accounts Payable Outstanding Check -174.75 07/22/2026 61242 DIVISION OF STATE ARCHITECT Accounts Payable Outstanding Check -216.80 07/22/2026 61243 KY RAMSEY Accounts Payable Outstanding Check -152.24 07/22/2026 61244 RUSSELL WALLAR Accounts Payable Outstanding Check -862.97 07/23/2026 APA009929 AT&T CALNET3 Accounts Payable Outstanding AP Automation -294.97 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 18 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
07/23/2026 APA009930 CALED Accounts Payable Outstanding AP Automation -120.00 07/23/2026 APA009931 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Outstanding AP Automation -11,080.80 07/23/2026 APA009932 COPWARE, INC. Accounts Payable Outstanding AP Automation -705.00 07/23/2026 APA009933 COUNTY OF LAKE - INFO TECH Accounts Payable Outstanding AP Automation -1,591.97 07/23/2026 APA009934 COUNTY OF LAKE - SHERIFF Accounts Payable Outstanding AP Automation -197,852.81 07/23/2026 APA009935 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -843.74 07/23/2026 APA009936 LAKE COUNTY LOCK & SAFE Accounts Payable Outstanding AP Automation -264.08 07/23/2026 APA009937 LAKEPORT FENWAY AVENUE LP Accounts Payable Outstanding AP Automation -985,329.77 07/23/2026 APA009938 MEDIACOM Accounts Payable Outstanding AP Automation -317.99 07/23/2026 APA009939 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -230.63 07/23/2026 APA009940 MUNICIPAL RESOURCE GROUP, LLC Accounts Payable Outstanding AP Automation -2,475.00 07/23/2026 APA009941 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding AP Automation -41.19 07/23/2026 APA009942 PG&E Accounts Payable Outstanding AP Automation -10.69 07/23/2026 APA009943 PYRO SPECTACULARS NORTH, INC. Accounts Payable Outstanding AP Automation -15,608.75 07/23/2026 APA009944 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -974.87 07/23/2026 APA009945 RICOH USA, INC. Accounts Payable Outstanding AP Automation -107.49 07/23/2026 APA009946 SANTA ROSA JUNIOR COLLEGE Accounts Payable Outstanding AP Automation -2,422.00 07/23/2026 APA009947 SUTTER LAKESIDE HOSPITAL Accounts Payable Outstanding AP Automation -25.00 07/23/2026 APA009948 THE SHOE BOX Accounts Payable Outstanding AP Automation -200.00 07/23/2026 APA009949 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Outstanding AP Automation -17,557.64 07/23/2026 APA009950 U.S. BANK NATIONAL ASSOCIATION Accounts Payable Outstanding AP Automation -349,478.13 07/23/2026 APA009951 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Outstanding AP Automation -100.00 07/23/2026 APA009952 WILLDAN FINANCIAL SERVICES Accounts Payable Outstanding AP Automation -3,000.00 07/24/2026 61233 AFLAC Accounts Payable Outstanding Check -580.98 07/24/2026 61234 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -318.46 07/24/2026 61235 FRANCHISE TAX BOARD Accounts Payable Outstanding Check -120.00 07/24/2026 61236 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -360.00 07/24/2026 61237 LEGALSHIELD Accounts Payable Outstanding Check -459.05 07/24/2026 61238 LPOA Accounts Payable Outstanding Check -495.00 07/24/2026 61239 MISSION SQUARE Accounts Payable Outstanding Check -3,878.92 07/24/2026 DFT0004364 CALPERS Accounts Payable Outstanding Bank Draft -4,614.80 07/24/2026 DFT0004365 CALPERS Accounts Payable Outstanding Bank Draft -4,668.58 07/24/2026 DFT0004366 CALPERS Accounts Payable Outstanding Bank Draft -6,053.13 07/24/2026 DFT0004367 CALPERS Accounts Payable Outstanding Bank Draft -6,193.71 07/24/2026 DFT0004368 CALPERS Accounts Payable Outstanding Bank Draft -4,076.77 07/24/2026 DFT0004369 CALPERS Accounts Payable Outstanding Bank Draft -7,216.03 07/24/2026 DFT0004370 CALPERS Accounts Payable Outstanding Bank Draft -564.56 07/24/2026 DFT0004371 CALPERS Accounts Payable Outstanding Bank Draft -1,532.45 07/24/2026 DFT0004372 CALPERS Accounts Payable Outstanding Bank Draft -48.36 07/24/2026 DFT0004373 IRS Accounts Payable Outstanding Bank Draft -5,075.84 07/24/2026 DFT0004374 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -6,586.51 07/24/2026 DFT0004375 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -2,264.71 07/24/2026 DFT0004376 IRS Accounts Payable Outstanding Bank Draft -16,312.30 Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 19 of 20
Cleared
Date Number Description Module Status Type Amount
Issued
Date
07/24/2026 DFT0004377 IRS Accounts Payable Outstanding Bank Draft -341.00 Bank Account 15-0352000798 Total: (768) -10,965,109.14
Report Total: (768) -10,965,109.14
Bank Transaction Report Issued Date Range: -
7/27/2026 2:27:26 PM Page 20 of 20
Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 768 -10,965,109.14
Report Total: 768 -10,965,109.14
Cash Account Count Amount
998 998-0000-101000 POOLED CASH - WEST AMERICA 768 -10,965,109.14 Report Total: 768 -10,965,109.14
Transaction Type Count Amount
AP Automation 543 -9,212,641.90
Bank Draft 121 -987,337.53
Bank Draft Reversal 1 154.01
Check 97 -768,902.86
Check Reversal 6 3,619.14
Report Total: 768 -10,965,109.14
CITY OF LAKEPORT
225 Park Street Please Note: Phone: (707) 263-5615, Ext. 102 Lakeport, CA 95453 Bounce Houses and Waterslides are prohibited Fax: (707) 263-8584
APPLICATION FOR USE OF PUBLIC AREAS
Please note: City Council meetings are held the FIRST and THIRD TUESDAY of the month. Application forms require City Council approval and must be completed and submitted to the City Clerk at least one month prior to the Council meeting at which they will be considered.
This section to be completed by City:
Application Received (Date): Application No.
$15.00 Application Fee Paid For Council Meeting of (Date):
This section to be completed by Applicant (please answer all questions with as much detail as possible):
Applicant Name: Organization Name:
Address: Address:
Home Phone: Work Phone: Mobile Phone:
Email Address: Website/Facebook Page:
Other Contact: Phone for Other Contact:
Organization is: Nonprofit Organization For Profit Organization Name of Event:
Description of Event:
Public Area of Use: ☐ Main Street ☐ Library Park ☐ Silveira Community Center Parking Lot ☐ Xabatin Community Park Specific Location of Event (Map Must be Attached):
Does this use involve public right of way, streets, or sidewalk? Yes No If yes, please indicate specific location:
If requesting closure of streets, sidewalk, etc., please describe notification procedure for affected businesses and/or residences:
Date(s) of Event: Total Number of Days: Set Up Time:
Time of Event:
Tear Down Time:
-
Specify anticipated number of people (both participants and the public):
Will any vendors be present? Yes No Will any food booths be present? Yes No Requirements:
Electricity (cannot be guaranteed by City)
Barricades
Street/Sidewalk Closures
No irrigation in park prior to event
Other (please specify):
Coordination of these requirements must be made through the Public Works Department: (707) 263-0751
Specific City Staff Needs:
Police
Public Works
Parks
Other (please specify):
The City reserves the right to bill applicant for related City costs.
INSURANCE CERTIFICATE REQUIRED
Note: The insurance certificate provided to the City by your organization’s insurance company must name the City of Lakeport as an additional insured for the event specified in this application and must include a copy of any endorsements, including Waiver of Subrogation.
The insurance provided to the City as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City. The minimum coverage amount required is $2,000,000. The certificate and endorsements must also be in a form acceptable to risk management and available for review 15 working days prior to the scheduled event. 07/28/ 2026-034 WAIVED August 4, 2026 Terry Toews Skye Dreams LLC Drone Light Sh 3116 Indianapolis Ave, Clovis, CA 93619 3116 Indianapolis Ave, Clovis, CA 93619 877-559-7539 559-978-2867 [email protected] https://www.skyedreams.com/ ■ Lakeport Lights America 250
Drone Show for community gathered at Xabatin Park for City/County sponsored drone show. Dutch Harbor Property located at 900 North Main Street ■ Use of fenced area of city property known as "Dutch Harbor" as safety zone for drone show.
August 7, 2026
1 5:30 pm
9:15 pm
11:30 pm 500 ■
■
■
■
closure of area for sole use
USE OF ALCOHOL: Is a permit for alcoholic beverages requested? Yes No If you have checked yes, you must obtain a signed permit from the Lakeport Police Department and attach it to this application. This will allow for consumption of alcoholic beverages in connection with the event but will NOT allow for the SALE of alcoholic beverages. If alcoholic beverages are going to be sold or included with the price of any ticket or admission to the event, then the applicant is required to obtain a one-day license from the California Department of Alcoholic Beverage Control. This one-day permit would be required in addition to a permit by the Lakeport Police Department.
HOLD HARMLESS AGREEMENT
In consideration of allowing the event(s) specified in this application, and to the fullest extent permitted by law, I/we agree to indemnify and hold harmless the City of Lakeport and its agents and “employees” from and against any injury, damage, claims, actions or suits arising out of the herein described Event, including those caused by negligence of the parties being indemnified and/or any dangerous condition of property of the parties being indemnified, and further agrees to defend and indemnify the City of Lakeport from and against any injury, damage, claims, actions or suits arising out of or connected with the foregoing event(s).
COVID-19 WAIVER
I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that myself and others attending my event may be exposed to or infected by COVID-19. I agree to having all attendees follow CDC and Lake County Department of Public Health recommendations for enhanced health and safety measures related to COVID-19 and follow all posted instructions while using City facilities; including requirements for social distancing, wearing of face coverings, participant grouping, types of activities allowed, and potential limits on event size.
________________________________________________ Dated:
Signature of Applicant
Responsible Official of Applicant Organization
STAFF RESPONSE
This section to be completed by City and Other Affected Agencies:
Staff Name: Department:
No Fiscal Impact Fiscal Impact
(Describe/Include Estimated Costs)
Police
Public Works
Parks
Other (please specify):
The following will be Required:
Business License Health Department Permit
ABC License Other (Specify):
Staff Comments:
This section to be completed by City Clerk following Council meeting:
Considered at Council Meeting (Date): Application Approved Application Denied
Application Approved With Conditions (See Below)
Conditions of Approval:
Attachments (specify):
■
07/22/2026
CITIZEN MEMBERS: Meg Harper, Susan King, Carl Porter, Dennis Rollins, and Laura Sombs.
STAFF MEMBERS: Kevin Ingram, City Manager; Dale Stoebe, Police Chief; Ron Ladd, Public Works Director; Kelly Buendia, Admin Services Director/City Clerk Minutes
Measure Z Advisory Committee
REGULAR MEETING
Wednesday, July 15, 2026 - 5:30 P.M.
1. CALL TO ORDER Chair Harper opened the meeting at 5:36 p.m. with Committee members Harper, King, and Porter present. Committee Member Rollins and Sombs were absent.
The following staff were present: City Manager Ingram, Finance Director Dizon, Administrative Services Director Buendia, Public Works Director Ladd and Police Chief Stoebe.
2. PRESENTATION Mayor Disney recognized and thanked the Committee for its service.
3. APPROVAL OF MINUTES Committee member Porter made a motion; seconded by Committee member King and carried unanimously 3-0-2 to approve the Minutes of April 15, 2026, meeting.
4. PUBLIC INPUT No input was offered by the public.
5. DISCUSSION/ACTION ITEMS
A. 2026/27 Approved Budget City Manager Ingram and Finance Director Dizon provided a report on the approved budget with specific attention to the capital improvement projects and studies. With operating costs rising and flat revenues, the Measure Z project list is not as robust as prior years. However, staff demonstrated that there are still a number of Capital Improvement Projects budgeted. City Manager Ingram reiterated that staff continues to look for revenue opportunities to avoid cuts in services.
Wilda Shock responded to questions regarding tourism and the TID..
5. ADJOURN Chair Harper adjourned the meeting at 6:26 p.m. with the next meeting scheduled October 21, 2026.
_________________________
Kelly Buendia, City Clerk
CITIZEN MEMBERS: Meg Harper, Susan King, Carl Porter, Dennis Rollins, and Laura Sombs.
STAFF MEMBERS: Kevin Ingram, City Manager; Dale Stoebe, Police Chief; Ron Ladd, Public Works Director; Kelly Buendia, Admin Services Director/City Clerk
Meeting Date: 08/04/2026 Page 2 Agenda Item # IV.G.
1. Adopt the Resolution approving the revised Personnel Rules.
2. Provide direction to staff and continue the item to a future meeting.
OPTIONS:
FISCAL IMPACT:
☐ None ☒ Minimal Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☐ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:
Comments: Bereavement leave is seldom used and the fiscal impact believed to be minimal.
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:
Move to adopt a Resolution adopting revised Personnel Rules. ☒ Attachments: 1. Resolution adopting Revised Personnel Rules
2. Exhibit A – City of Lakeport Personnel Rules and Regulations
3. City of Lakeport Personnel Rules and Regulations – strikethrough format
RESOLUTION NO. XXX (2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKEPORT ADOPTING REVISED PERSONNEL RULES
WHEREAS, the Personnel Rules of the City of Lakeport were last revised via Resolution 2921 (2023); and
WHEREAS, a need for further revisions has been identified; and WHEREAS, the employee bargaining units recognized by the City have met and conferred on the changes contained therein; and
WHEREAS, the Personnel Rules of the City of Lakeport are attached to this Resolution as Exhibit A; and
WHEREAS, the revised Personnel Rules of the City of Lakeport and this resolution act to supersede all resolutions and personnel rules in place prior to the date of its adoption or other policies or procedures inconsistent with the Personnel Rules adopted by this resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport that the Personnel Rules of the City of Lakeport are hereby revised, and all previous resolutions and personnel rules are superseded.
BE IT FURTHER RESOLOVED that the Personnel Rules attached to this Resolution as Exhibit A are hereby approved and incorporated by this reference.
PASSED AND ADOPTED this 4TH day of August, 2026, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
______________________________
BRANDON DISNEY, Mayor
ATTEST:
___________________________________
KELLY BUENDIA, City Clerk
387728.4
PERSONNEL POLICIES
Revised August 4, 2026
Resolution No.
387728.4
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................................................... 2 ARTICLE I ....................................................................................................................................................................... 1 GENERAL PROVISIONS ............................................................................................................................................. 1 SECTION 1. AUTHORITY FOR PERSONNEL RULES AND REGULATIONS ................................................................... 1 SECTION 2. VIOLATION OF PERSONNEL RULES AND REGULATIONS ...................................................................... 1 SECTION 3. COVERAGE ........................................................................................................................................... 1 SECTION 4. AMENDMENT AND REVISION OF PERSONNEL RULES AND REGULATIONS .......................................... 1 SECTION 5. NO CONTRACT CREATED ..................................................................................................................... 2 SECTION 6. CONFLICT WITH COLLECTIVE BARGAINING AGREEMENTS ................................................................... 2 ARTICLE II ...................................................................................................................................................................... 3 DEFINITIONS ............................................................................................................................................................. 3 ARTICLE III .................................................................................................................................................................... 5 EMPLOYMENT IN THE COMPETITIVE SERVICE ........................................................................................................ 5 SECTION 1. EMPLOYEE APPLICATION PROCESS ..................................................................................................... 5 SECTION 2. EXAMINATIONS ................................................................................................................................... 6 SECTION 3. ELIGIBLE LISTS ..................................................................................................................................... 7 SECTION 4. APPOINTMENT .................................................................................................................................... 8 ARTICLE IV .................................................................................................................................................................. 10 PROBATION, PROMOTION AND TRANSFER .......................................................................................................... 10 SECTION 1. PROBATIONARY EMPLOYEE .............................................................................................................. 10 SECTION 2. PROMOTION ....................................................................................................................................... 12 SECTION 3. VOLUNTARY AND INVOLUNTARY TRANSFER ..................................................................................... 12 ARTICLE V .................................................................................................................................................................... 14 RESIGNATION AND LAYOFF, RE-EMPLOYMENT, AND REINSTATEMENT ............................................................ 14 SECTION 1. RESIGNATION, JOB ABANDONMENT, AND LAYOFF ........................................................................... 14 SECTION 2. RE-EMPLOYMENT AND REINSTATEMENT .......................................................................................... 15 ARTICLE VI .................................................................................................................................................................. 17 EQUAL EMPLOYMENTOPPORTUNITY .................................................................................................................. 17 SECTION 1. GENERALLY ........................................................................................................................................ 17 SECTION 2. POLICY REQUIREMENTS .................................................................................................................... 17 SECTION 3. INVESTIGATION AND CORRECTIVE ACTION ....................................................................................... 18 ARTICLE VII ................................................................................................................................................................. 20 COMPENSATION, PAYROLL PRACTICES, AND BENEFITS ...................................................................................... 20 SECTION 1. DEFINITION OF WORKWEEK .............................................................................................................. 20 SECTION 2. OVERTIME COMPENSATION POLICY .................................................................................................. 20 SECTION 3. COMPENSATORY TIME OFF POLICY ................................................................................................... 20 SECTION 4. PROHIBITED SALARY DEDUCTIONS .................................................................................................... 21 SECTION 5. DIRECT DEPOSIT ................................................................................................................................ 22 ARTICLE VIII ................................................................................................................................................................ 23 LEAVESOF ABSENCE .............................................................................................................................................. 23 SECTION 1. ABSENCE CONTROL ........................................................................................................................... 23 387728.4
SECTION 2. EMPLOYEE’S DUTY TO NOTIFY OF LATE ARRIVAL OR ABSENCE ........................................................ 23 SECTION 3. EXCESSIVE TARDINESS/ ABSENTEEISM .............................................................................................. 23 SECTION 4. SICK LEAVE ........................................................................................................................................ 23 SECTION 5. FAMILY AND MEDICAL LEAVE ............................................................................................................ 26 SECTION 6. PAID FAMILY LEAVE ........................................................................................................................... 35 SECTION 7. BEREAVEMENT LEAVE ........................................................................................................................ 37 SECTION 8. REPRODUCTIVE LOSS LEAVE .............................................................................................................. 38 SECTION 9. HOLIDAY LEAVE ................................................................................................................................ 38 SECTION 10. VACATION LEAVE ............................................................................................................................ 39 SECTION 11. LEAVE WITHOUT PAY .......................................................................................................................40 SECTION 12. ADMINISTRATIVE LEAVE .................................................................................................................. 41 SECTION 13. JURY DUTY ....................................................................................................................................... 41 SECTION 14. SUBPOENA ...................................................................................................................................... 42 SECTION 15. MILITARY LEAVE .............................................................................................................................. 42 SECTION 16. TIME OFF TO VOTE ........................................................................................................................... 42 SECTION 17. SCHOOL RELATED LEAVE ................................................................................................................. 42 SECTION 18. TIME OFF FOR VICTIMS OF VIOLENT CRIMES OR DOMESTIC ABUSE................................................. 42 ARTICLE IX .................................................................................................................................................................. 45 EMPLOYEE CONDUCT ............................................................................................................................................. 45 SECTION 1. REASONABLE ACCOMMODATION POLICY ......................................................................................... 45 SECTION 2. POLICY AND COMPLAINT PROCEDURE AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION ............................................................................................................................................................................. 46 SECTION 3. WORKPLACE SECURITY ..................................................................................................................... 51 SECTION 4. DRUG AND ALCOHOL-FREE WORKPLACE POLICY .............................................................................. 53 SECTION 5. OUTSIDE EMPLOYMENT OR ACTIVITY ............................................................................................... 57 SECTION 6. USE OF CITY EQUIPMENT .................................................................................................................. 58 SECTION 7. EMPLOYEE DRESS CODE ................................................................................................................... 60 Section 8. DISASTER SERVICE WORKER ........................................................................................................ 60 SECTION 9. POLITICAL ACTIVITIES ...................................................................................................................... 60 ARTICLE X ................................................................................................................................................................... 62 NEPOTISM AND FRATERNIZATION POLICY ........................................................................................................... 62 SECTION 1. PURPOSE ........................................................................................................................................... 62 SECTION 2. DEFINITIONS ...................................................................................................................................... 62 SECTION 3. POLICY/PROCEDURE .......................................................................................................................... 62 ARTICLE XI .................................................................................................................................................................. 67 EMPLOYEE TRAINING POLICY ................................................................................................................................ 67 ARTICLE XII ................................................................................................................................................................ 68 PERSONNEL RECORDS .......................................................................................................................................... 68 SECTION 1. GENERAL ........................................................................................................................................... 68 SECTION 2. NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION ............................................................ 68 SECTION 3. LOCATION OF PERSONNEL FILES ...................................................................................................... 68 SECTION 4. MEDICAL INFORMATION .................................................................................................................. 68 SECTION 5. REFERENCES AND RELEASE OF INFORMATION IN PERSONNEL FILES ................................................69 SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE ...........................................................................................69 ARTICLE XIII ................................................................................................................................................................ 71 EMPLOYEE PERFORMANCE EVALUATIONS .......................................................................................................... 71 SECTION 1. FREQUENCY ....................................................................................................................................... 71 387728.4
SECTION 2. PROCESS ........................................................................................................................................... 71 SECTION 3. NO APPEAL........................................................................................................................................ 71 ARTICLE XIV ................................................................................................................................................................ 72 EMPLOYEE DISCIPLINE PROCEDURE ..................................................................................................................... 72 SECTION 1. POLICY COVERAGE ............................................................................................................................. 72 SECTION 2. CAUSES FOR DISCIPLINE .................................................................................................................... 72 SECTION 3. ADMINISTRATIVE LEAVE ................................................................................................................... 74 SECTION 4. TYPES OF DISCIPLINE......................................................................................................................... 74 SECTION 5. SKELLY PROCESS – PRE-DISCIPLINARY PROCEDURE FOR SUSPENSION, DEMOTION, REDUCTION IN PAY, OR DISCHARGE ............................................................................................................................................. 75 SECTION 6. EVIDENTIARY APPEAL TO THE CITY MANAGER ................................................................................. 76 ARTICLE XV ................................................................................................................................................................. 81 EMPLOYEE GRIEVANCE PROCEDURE .................................................................................................................... 81 SECTION 1. Policy ................................................................................................................................................. 81 SECTION 2. ELIGIBILITY TO FILE A GRIEVANCE ..................................................................................................... 81 SECTION 3. DEFINITION OF “GRIEVANCE” ........................................................................................................... 81 SECTION 4. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............................................................................. 81 SECTION 5. GRIEVANCE PROCEDURE ................................................................................................................... 82 SECTION 6. SETTLEMENT OF GRIEVANCE ............................................................................................................. 84 SECTION 7. REPRESENTATION ............................................................................................................................. 84 SECTION 8. NO RETRIBUTION .............................................................................................................................. 84 SECTION 9. WITHDRAWAL .................................................................................................................................. 84 SECTION 10. RESUBMISSION ................................................................................................................................ 85 SECTION 11. MISCELLANEOUS .............................................................................................................................. 85 SECTION 12. DELEGATION .................................................................................................................................... 85 ARTICLE XVI ............................................................................................................................................................... 86 EMPLOYER-EMPLOYEE RELATIONS ..................................................................................................................... 86 SECTION 1. STATEMENT OF PURPOSE................................................................................................................. 86 SECTION 2. DEFINITIONS ..................................................................................................................................... 86 SECTION 3. FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION .................................................. 88 SECTION 4. CITY RESPONSE TO RECOGNITION PETITION .................................................................................... 89 SECTION 5. OPEN PERIOD FOR FILING CHALLENGING PETITION .......................................................................... 89 SECTION 6. GRANTING RECOGNITION WITHOUT AN ELECTION .......................................................................... 90 SECTION 7. ELECTION PROCEDURE ..................................................................................................................... 90 SECTION 8. PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION .... 90 SECTION 9. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS ....................................... 92 SECTION 10. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS....................................... 93 SECTION 11. PROCEDURE FOR PROCESSING SEVERANCE REQUESTS .................................................................... 93 SECTION 12. APPEALS .......................................................................................................................................... 93 SECTION 13. SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS ............... 94 SECTION 14. EMPLOYEE ORGANIZATION ACTIVITIES – USE OF CITY RESOURCES ................................................ 94 SECTION 15. ADMINISTRATIVE RULES AND PROCEDURES ................................................................................... 94 SECTION 16. INITIATION OF IMPASSE PROCEDURES ............................................................................................ 94 SECTION 17. IMPASSE PROCEDURES .................................................................................................................... 95 SECTION 18. COSTS OF IMPASSE PROCEDURES ................................................................................................... 97 SECTION 19. CONSTRUCTION ............................................................................................................................... 97 ARTICLE I GENERAL PROVISIONS Page 1
387728.4
ARTICLE I
GENERAL PROVISIONS
SECTION 1. AUTHORITY FOR PERSONNEL RULES AND REGULATIONS A. The City Council has adopted a personnel system pursuant to Lakeport Municipal Code chapter 2.48 and has authorized that personnel rules shall be adopted by resolution in order to implement that personnel system.
B. The objective of these rules is to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management in the City of Lakeport.
C. The City Manager has the responsibility and authority to formulate, revise and implement the personnel rules. The City Council must approve and adopt all personnel rules prior to implementation.
SECTION 2. VIOLATION OF PERSONNEL RULES AND REGULATIONS A. A violation of these personnel rules may be grounds for discipline of an employee covered by these rules and regulations.
SECTION 3. COVERAGE
A. These rules establish the personnel system for the City of Lakeport. Positions specified as exempt from the competitive service are not subject to these rules regarding recruitment, selection, testing and eligibility lists or the procedures regarding discipline and termination which are applicable to employees in the competitive service. The competitive service shall include all appointive officers and employees of the City except the at-will positions of City Manager, City Clerk, Community Development Director, Chief of Police, Public Works Director, Finance Director, Administrative Services Director, Redevelopment/Economic Development Director (together, “Department Heads”), City Engineer and any other at-will employee, temporary or seasonal employees, probationary employees, and all volunteers.
SECTION 4. AMENDMENT AND REVISION OF PERSONNEL RULES AND
REGULATIONS
A. Recommendations for the amendment of these personnel rules shall be presented to the City Council by the City Manager. Any interested employee or person may appear and be heard at the time the amendments are being considered by the City Council. Amendments shall become effective upon adoption by the City Council.
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SECTION 5. NO CONTRACT CREATED
A. These personnel rules do not create any contract of employment, express or implied, or any rights in the nature of a contract between any person and the City.
SECTION 6. CONFLICT WITH COLLECTIVE BARGAINING AGREEMENTS A. If a provision of these policies conflicts with any provision of any applicable collective bargaining agreement entered into by the City and a recognized employee organization, to the extent of such conflict, the provision of the collective bargaining agreement shall be deemed controlling. If Memoranda of Understanding (“MOU”) and personnel rules conflict MOU always controls. In the event any provision contained herein conflicts with the Police Officer’s Bill of Rights or internal Lakeport Police Department rules then such particular rights and rules shall supersede these policies.
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ARTICLE II
DEFINITIONS
A. Anniversary Date means the date upon which an employee is assigned to a new job classification through appointment, promotion, demotion, transfer, or to the same classification as a result of reinstatement, or re-employment. Anniversary dates may be used to determine an employee’s seniority as an employee and within the employee’s current classification.
B. At-Will Employee means an employee who serves at the will of the City Manager or at the will of the City Council and may be removed at any time without cause, notice, or right of appeal. At-will employees include temporary employees, provisional or seasonal employees, probationary employees, any person who serves pursuant to a contract, and any person who is designated “at-will” in any City policy, document, acknowledgement, resolution or ordinance.
C. Class or Classification means a group of positions having duties and responsibilities sufficiently similar that the same job title, examples of duties, and minimum qualifications may be applied.
D. Competitive Service means all positions of employment in the service of the City except those specifically excluded by these rules or by the Municipal Code.
E. Discipline means an action imposed by the City upon an employee for grounds listed in Article XIV of these rules.
F. Exempt Employee means an employee who is exempt from the overtime requirements of the Fair Labor Standards Act.
G. Probationary Employee means an employee who is serving a probationary period as defined in these rules.
H. Reemployment means an offer by the City to call back a former employee who was separated from employment due to layoff according to the procedures listed in Article V of these rules or who has exhausted all leave time and is medically able to return to work.
I. Regular Employee means an employee in the classified service who has successfully completed his/her probationary period and has been retained as hereafter provided in these Rules.
J. Reinstatement means employment of a former employee who voluntarily separated from employment due to resignation or other non-disciplinary reason according to procedures listed in these rules.
K. Seniority with the City means the total amount of time an employee has served as a regular employee (including the probationary period), less any unpaid break in service of more than 30 days. Unpaid leaves such as family care leave, military leave, pregnancy disability leave, ARTICLE II DEFINITIONS Page 4
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and other leave in excess of thirty days where employment status is protected by law are not considered a break in service when determining seniority.
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ARTICLE III
EMPLOYMENT IN THE COMPETITIVE SERVICE
SECTION 1. EMPLOYEE APPLICATION PROCESS
A. Posting of Announcement
1. Whenever an open competitive examination is to be given for a position, the City Manager or their designee shall issue an appropriate advertisement regarding the position at least ten (10) calendar days prior to the final date for filing applications for the position. The City Manager or their designee may also undertake whatever other recruiting activities they believe are necessary or desirable to fill a particular position in a way which meets the City’s goal of obtaining the most qualified employees.
2. In order to notify current City employees of an open position, whenever an open competitive examination is to be given for a position, the City Manager or their designee will post the advertisement regarding the open position at conspicuous locations at City work sites and on the City web site.
B. Application Process
1. Application for an open or promotional position shall be made on a form provided by the City Manager or their designee or attached to the job announcement.
2. All applications must be completed in full and signed by the person applying for the position. The City Manager or their designee will not process any application which is not fully completed and signed.
3. All applications must be timely submitted.
C. Applicant Disqualification
1. The City Manager or their designee may reject an application, or after examination, may disqualify or remove the applicant’s name from an eligibility list, if the applicant:
(1) has made false statements of any material fact, or practiced any deception or fraud on the application, declarations or in securing eligibility or appointment, (2) is found to lack any of the requirements, certifications, or qualifications for the position involved, (3) is physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation if disabled, (4) is a current user of illegal drugs, (5) is a relative of an employee, and is subject to the Nepotism and Fraternization Policy in Article X, (6) has been convicted of a crime, either a misdemeanor or felony, that relates to the position duties that the applicant would perform, (7) used or attempted to use political pressure or bribery to secure an ARTICLE III EMPLOYMENT IN THE COMPETITIVE SERVICE Page 6 387728.4
advantage in the examination or appointment, (8) directly or indirectly obtained information regarding examinations, (9) failed to submit the employment application correctly or within the prescribed time limit, (10) has had their privilege to operate a motor vehicle in the State of California suspended or revoked, if driving is job related,(11) refuses to sign a loyalty oath pursuant to California Constitution Article XX, Section 3, (12) the applicant is not legally permitted to work within the United States, (13) for any material cause which in the judgment of the City Manager or their designee would render the applicant unsuitable for the position, including a prior resignation from the City in lieu of disciplinary action, termination from the City, or a significant disciplinary action.
D. Notice of Rejection
1. Whenever an application is rejected, notice of such rejection will be mailed to the applicant by the City Manager or their designee. Defective applications may be returned to the applicant with notice to amend and re-file, provided that time for receiving applications has not expired.
SECTION 2. EXAMINATIONS
A. Nature and Type of Examinations
1. The selection techniques used in the examination process shall fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations may consist of one, or a combination of the following types of tests, as determined by the City Manager or their designee: oral, written, performance, physical agility, practical demonstration, or any form which will test fairly the qualifications of the applicants.
B. Promotional Examinations
1. As the needs of the City may require, promotional tests may be conducted from time to time and may consist of evaluation of prior service, accomplishments in special training courses, and other tests. All internal candidates for promotion must be in regular, classified positions and must possess the minimum qualifications for the promotional classification.
C. Examination Grading
1. Failure in one part of the examination, or failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination.
2. If an applicant for initial employment was discharged or released from active military, naval, or air service of the United States under conditions other than dishonorable within fifteen years immediately preceding the application deadline date, they shall have five points added to their application score.
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3. If an applicant for a City position is a current City employee and has successfully passed the examination, they shall have five points added to their final score.
D. Final Rating
1. The final rating shall be determined by the total of the score received by each applicant for each part of the examination, based upon the relative value assigned to each part of the test before the test was given, and including current employee or veterans’ preference points, if applicable.
SECTION 3. ELIGIBLE LISTS
A. Maintenance of Eligible List
1. As soon as possible after the conclusion of an examination, the City Manager or their designee shall prepare an eligible list consisting of names of candidates who passed the examination. The list shall be arranged in the order of final ratings, including additional points for current employee or veterans’ preference if applicable, from the highest score down to the lowest passing score.
B. Identical Grades
1. Wherever identical grades exist, names shall be arranged in the order of application date.
C. Duration of Eligible Lists
1. Eligible lists shall become effective for twelve (12) months upon the approval of a list by the City Manager or their designee, unless the City Manager or their designee abolishes the list, the list is exhausted or extended by the City Manager or their designee provided, however, that eligible lists for classes for which there is continuous recruitment remain in effect indefinitely. An eligible list may be extended for six (6) months by the City Manager or their designee if they determine it is in the best interest of the City to do so, but in no event may a list remain in effect beyond eighteen (18) months, except when specifically extended by the City Manager.
2. Notwithstanding any other provision of these rules, when an eligible list has been used and the remaining names have low ratings or have been previously passed over by the appointing authority, or when the list contains less than three (3) names, the City Manager or their designee may declare such list void and fill the position(s) by any method permitted by these personnel rules, including, but not limited to, undertaking new recruiting and testing.
D. Removal of Names from Eligibility Lists
1. Any person whose name appears on an eligibility list shall have their name removed by the City Manager or their designee for any of the following reasons: (a) if the eligible requests removal in writing, (b) if the eligible fails to respond to a notification of an opening from the City Manager or designee, or (c) if an eligible has been certified for appointment three (3) times and has not been appointed. The names of ARTICLE III EMPLOYMENT IN THE COMPETITIVE SERVICE Page 8 387728.4
persons on promotional eligible lists, who separate from the competitive service, shall automatically be removed from such lists; provided however that those who have resigned in good standing may elect to remain on the list by so requesting in writing.
2. It will be the responsibility of the eligible to keep the City Manager or their designee informed of their current address and telephone number.
E. Placement on Eligible List When Position Abolished
1. When an employee’s position is abolished, they may be placed on an eligibility list for a period of one year. If the employee’s classification is abolished, the employee’s name will not be placed on an eligible list unless there is a successor classification that is performing substantially the same duties as had been performed in the abolished classification.
F. Procedural Errors in Eligibility List Compilations
1. Procedural errors made in eligibility list compilations may be corrected at any time by the City Manager or their designee without invalidating any previous action taken.
SECTION 4. APPOINTMENT
A. Pre-Employment Examinations
1. As part of the pre-employment procedure, applicants shall be required to supply references and submit to a thorough background check, including Live Scan fingerprinting. Safety employees shall be subject to investigation in accordance with Department of Justice and/or Police Officer Standards and Training requirements.
In the case of employees handling money or other valuables in the course of their duties, a credit check may be done in accordance with applicable law.
2. All offers for appointment to a position in the competitive service shall be contingent upon the appointee passing medical and/or psychological examination and testing to determine whether the appointee can perform the essential functions of the job, with or without reasonable accommodation. Such pre-employment medical examination shall also include a drug screening. If the examination reveals that the appointee cannot perform the essential functions of the job, with or without reasonable accommodation, or that the person uses illegal the person may be disqualified from consideration for employment.
3. If an applicant is disqualified from appointment to a position for failing to meet the medical and psychological standards for the job class, the applicant may file a written request to review the disqualification. Such request must be submitted to the City no later than five working days after the postmarked date of the notification or disqualification. The applicant may submit medical evidence supporting their claim that they should not have been disqualified. If the City determines a genuine dispute exists as to the applicant’s ability to meet standards for the job class, the City may require the applicant to be examined by a physician or medical evaluator of the City’s ARTICLE III EMPLOYMENT IN THE COMPETITIVE SERVICE Page 9 387728.4
choice. Any such examination shall be paid for by the City. The City shall make the final determination based on this examination. If the disqualification is upheld, the applicant has no further right of appeal of the City’s determination.
B. Appointments to Regular Classifications
1. Appointments may be filled by re-employment, promotion, transfer, demotion, appointment of hourly employees, or from the appropriate eligible list, if available.
The City Manager or their designee will decide in what manner the vacancy is to be filled.
2. Whenever a vacancy in the competitive service is to be filled, the City Manager or their designee shall provide the appropriate department head with names from the eligible list. The City Manager or their designee shall certify the top three (3) names from the appropriate eligible list in the order of final rating. The department head shall interview these three (3) top candidates, or if less than three, all applicants whose names appear on the eligible list. The department head shall designate in writing to the City Manager or their designee their choice of the eligible(s). The selection for appointment shall be subject to final approval by the City Manager.
C. Appointment to Temporary Positions
1. Temporary or Seasonal Employee. An employee who is assigned to work on a particular project or for a job of limited or definite duration is a temporary or seasonal employee. A temporary or seasonal employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves.
D. Notification
1. The City Manager or their designee, or the department head in coordination with the City Manager or their designee, shall notify the person appointed.
2. The person accepting the appointment must report to the City Manager or their designee on the date designated by the City Manager or their designee; otherwise, the applicant will be deemed to have declined the appointment.
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ARTICLE IV
PROBATION, PROMOTION AND TRANSFER
SECTION 1. PROBATIONARY EMPLOYEE
A. Length of Probationary Period
1. All original and promotional appointments to positions in regular classifications shall be tentative and subject to a probationary period of twelve (12) months of actual and continuous service. Part-time/permanent employees shall also serve a probationary period in a paid status of two thousand eighty (2080) hours or twelve (12) months of actual and continuous service.
2. Upon a showing of good cause, probationary periods may be extended for up to an additional twelve (12) months of actual and continuous service at the discretion of the department head.
B. Objective of Probationary Period
1. The probationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance does not meet the required standards for the position and for City employment.
C. Rating Probationary Employees for Passing or Being Rejected from Probation
1. At least twenty (20) days prior to the expiration of the probationary period, the department head shall provide a rating of employee performance to the City Manager or their designee. A rating of standard or above, or the equivalent, shall indicate that the employee has satisfactorily passed probation. A rating of less than standard, or the equivalent, shall indicate that the employee has failed probation and the employee will be rejected before the expiration of the probationary period.
D. Separation Without Cause
1. Notwithstanding subsection C.1. above, at any time during the probationary period, an employee may be separated by the department head without cause and without the right of appeal, grievance, or hearing. The City Manager or their designee must approve the separation. The probationary employee must be notified in writing, prior to the expiration of the probationary period that they have been rejected for regular appointment.
E. Regular Appointment
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1. If the employee has successfully completed the probationary period, the employee will receive a regular appointment.
F. At-Will Appointment
1. At will positions are not subject to the job protections described in these Rules, including process and rules for recruitment, discipline, termination, probationary periods, testing and appointment from eligibility lists. The employment of at will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating “good cause.” At will employees have no right to appeal any discipline or termination.
G. Management Appointment--Department Head
1. Those positions specified as exempt from the competitive service under the Lakeport Municipal Code and Article I, Section 3.A., are not subject to these Rules regarding recruitment, selection, testing and eligibility lists. Management appointments may be designated as “at will” positions.
H. Temporary Appointment
1. The City may make temporary appointments whenever it has a legitimate need to do so. Such appointments shall not attain permanent status and shall be deemed “at will.” All temporary appointments are subject to the following requirements:
a. Any person appointed to temporary status must meet the minimum qualifications for the position to which they are being appointed. b. A temporary appointment shall not exceed a period of six months unless an extension is authorized in writing by the City Manager. The extension shall not exceed an additional six months.
c. Temporary appointees shall be compensated at the hourly equivalent of the salary range assigned to a regular employee in the same classification, depending upon their expertise.
I. Acting Appointment
1. Whenever the needs of the City, due to vacancy, extended illness, or other extenuating circumstances require, the City may appoint, on an acting basis, a regular employee from a lower classification to perform the duties of the vacant higher position.
2. The affected Department Head shall indicate in writing to the City Manager and the Human Resources Manager the need for an acting appointment and any recommended employee(s) to serve in the appointment.
3. To be eligible for an acting appointment, the employee must possess the minimum qualifications of the higher classification.
4. The employee assigned to perform the duties of a higher classification, shall not ARTICLE IV PROBATION, PROMOTION & TRANSFER Page 12
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serve for more than 90 working days in a higher classification that is vacant without the position becoming subject to the announcement and selection process set forth in Article III. However, the City may extend the time for the acting assignment up to six months if circumstances warrant, but not to exceed 960 hours within a fiscal year.
City employees serving in an acting capacity are not eligible for salary increases in the acting classification.
5. If the person is subsequently promoted from acting capacity into the same position in a regular capacity, the City may credit the employee the period of time of service in the acting capacity towards the required period of probation for the regular appointment. Such employee shall establish a new anniversary date retroactive to the beginning of the acting period.
SECTION 2. PROMOTION
A. Consistent with the best interest of the competitive service, and as determined by the City Manager, all vacancies in the competitive service may be filled by promotion from within the competitive service, after a promotional test has been administered and a promotional list established in accordance with the procedure set out in Article III, Section 3 for eligible lists.
B. If, in the opinion of the City Manager, a vacancy should be filled by an open, competitive examination instead of a closed promotional examination, the City Manager or their designee may arrange an open competitive examination in order to establish an eligible list.
C. On accepting a promotion, an employee serves a new probationary period of six (6) months of actual and continuous service, unless otherwise provided in an MOU. Periods of time on paid or unpaid leave of one (1) work week or more shall automatically extend the probationary period by the number of days the employee is on leave. An employee does not acquire regular status in the promotional position until the successful completion of this probationary period
D. If an employee who has been promoted from within the competitive service fails to satisfactorily complete the probationary period in the promotional position, the employee shall be reinstated to a position in the classification from which they were promoted at the range and step held prior to promotion subject to the following conditions: (1) the former position or a similar position in the same classification is currently available, and (2) the rejection from probation is not due to the employee’s violation of any personnel policy or any other applicable law or regulation. If there is a vacancy and the employee would otherwise be eligible, the employee shall be assigned to a vacant position which is nearest the employee’s prior pay range. The employee is not entitled to notice, hearing, or appeal if rejected during probation.
SECTION 3. VOLUNTARY AND INVOLUNTARY TRANSFER
A. Conditions for Voluntary Transfer
1. An employee may request a transfer to another position in the same or lower classification for which the employee is qualified in the opinion of the City Manager ARTICLE IV PROBATION, PROMOTION & TRANSFER Page 13
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or their designee by submitting a written request to transfer to the City Manager.
The request will be kept on file for one (1) year from the date of receipt. If the transfer involves a change of supervisor, both the prior and future supervisor must approve the transfer unless the City Manager orders the transfer for purposes of economy or efficiency. No employee shall be transferred to a position for which they lack the minimum qualifications required for the position.
B. Effect of Transfer
1. There shall be no change in an employee’s step advancement date upon transfer.
2. An employee who is transferred does not serve a new probationary period unless the transfer is at the employee’s request and the City Manager specifically requires a new probationary period.
3. Transfer shall not be used to effectuate a promotion, demotion, advancement or reduction, each of which may be accomplished only according to the procedures set out in these personnel rules.
C. Involuntary Non-Disciplinary Transfer
1. The City Manager may involuntarily transfer an employee at any time for purposes of safety, supervision, efficiency or morale. Whenever possible, an employee being transferred from one position to another position in the same class, or in a comparable class at the same salary level, will receive five (5) working days’ notice. If the transfer requires the employee to move equipment from one location to another, the employee will receive seven (7) working days’ notice.
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ARTICLE V
RESIGNATION AND LAYOFF, RE-EMPLOYMENT, AND REINSTATEMENT SECTION 1. RESIGNATION, JOB ABANDONMENT, AND LAYOFF
A. Resignation
1. An employee who wishes to resign their City employment in good standing must submit the resignation in writing to their supervisor two weeks prior to the planned separation date. A resignation becomes final when accepted by the City Manager or their designee in writing. Once a resignation has been accepted by the City Manager or their designee, it cannot be withdrawn.
B. Job Abandonment
1. An employee is deemed to have resigned if the employee is absent for five (5) consecutive work days without prior authorization and without notification during the period of the absence. Only regular employees will receive notice of intent to terminate, an opportunity to respond, and final notice of termination for job abandonment. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee has any right to evidentiary appeal for separation due to job abandonment.
C Layoff
1. Whenever in the judgment of the City Manager it becomes necessary to abolish a position or classification, the employee holding the position or classification shall be laid off or demoted without disciplinary action and without a right of appeal.
2. Notice. An employee to be laid off shall be given, whenever possible, at least fourteen (14) working days prior notice. An employee shall be notified of any displacement rights or rights to re-employment.
3. Order of Layoff. Except as provided below, employees shall be laid off in inverse order of their length of service in the classification. Length of service is date of hire in a regular classification. Length of service includes employment without interruption, including all days of attendance at work and authorized leaves of absence. Length of service does not include unauthorized absences or periods of suspension or layoff. Within each class, employees shall be laid off in the following order: (1) temporary, (2) part-time, and (3) permanent full and part-time.
4. Demotion. Upon request of the employee, and with the approval of the department head, an employee facing layoff who has not held status in a lower classification may be allowed to demote to a vacant position if the department head determines that the employee meets all the requirements of the lower position. All employees who are ARTICLE V RESIGNATION & LAYOFF, RE-EMPLOYMENT & REINSTATEMENT Page 15 387728.4
demoted under the terms of this paragraph will be paid at the rate of pay for the lower position.
5. Transfer. A department head may transfer an employee facing layoff to a vacant authorized position if the department head determines that the employee is qualified for and capable of performing the duties of the vacant position, subject to the following provisions:
a. An employee who is transferred will be paid at the rate of the position to which they are transferred.
b. An employee given the option to transfer will be given a Notice of Transfer from the department head of the employee’s current department. Any employee who does not accept transfer within five (5) working days after a Notice of Transfer is given to the employee by the department head will automatically forfeit the option to transfer.
c. If transfer involves movement from one department to another, both department heads must approve the transfer unless the City Manager orders transfer for purposes of economy or efficiency.
SECTION 2. RE-EMPLOYMENT AND REINSTATEMENT
A. Re-Employment
1. Any regular employee who has been dismissed because of layoff or who has exhausted all leave time and is medically able to return to work, shall be eligible for re-employment to an existing vacant position in the same classification.
2. The employee’s name will be placed on a special re-employment list categorized by classification and, within each class, in order of total cumulative time served in probationary and regular employee status from highest to lowest. As a vacancy within the classification occurs, the City Manager will select an employee from the top of the list. An employee who is selected from the list to fill the vacancy, who refuses the assignment as described in Article III, Section 4, subdivision C.2, will be removed from the list without right of appeal. Names shall remain on the list for one (1) year unless the employee has been reemployed or has requested, in writing, that their name be taken off the list.
3. Upon re-employment, an employee shall have the following benefits restored: (a) accrued annual leave if not previously compensated, (b) seniority for vacation, (c) length of service for order of layoff, (d) return to the same salary range and step held at the time of layoff or leave-time exhaustion, and (e) regular status.
4. Employees who are demoted as a result of layoff will have their names placed in a classification re-employment list, in order of their classification and total cumulative time served. Vacant positions within a classification series will first be offered to employees on this list.
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B. Reinstatement
1. An employee who has left the competitive service by means of resignation, and has complied with the resignation procedures described in these personnel rules, or has otherwise been separated while in good standing, can apply for reinstatement within eighteen (18) months by means of a written request to the City Manager.
2. The written request must contain a complete statement regarding the reasons for leaving City employment, the type of work the former employee has been doing since the resignation and the former employee’s intentions for staying in City employ if reinstated.
3. If, in the City Manager’s discretion, the facts warrant reinstatement, the applicant can be re-employed in the same job class as occupied upon resignation, but at a wage step no higher than that held upon resignation. The reinstated employee will have no other accrued rights, privileges, or benefits. The reinstated employee shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The reinstated employee will serve a new probationary period.
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ARTICLE VI
EQUAL EMPLOYMENT OPPORTUNITY
SECTION 1. GENERALLY
A. The City of Lakeport prohibits discrimination against employees or applicants for employment on the basis of race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, reproductive health decision making, or veteran or military status, or any other basis protected by law—including (1) any combination of those characteristics; (2) a perception that the person has any of those characteristics or any combination of those characteristics; and (3) a perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. The City of Lakeport will afford equal employment opportunity to all qualified employees and applicants as to all terms and conditions of employment, including hiring, compensation, promotion, training, education, transfer, discipline, and termination.
Employees who believe they have experienced any form of employment discrimination are encouraged to report the discrimination immediately, using the complaint procedure provided in Article IX Section 2 of these personnel rules. The City of Lakeport prohibits retaliation against a person for filing a complaint or participating in the complaint resolution process of Article IX Section 2 of these personnel rules, as further defined therein.
B. The City also shall not discharge or otherwise discriminate against any employee by reason of Exclusively Recognized Employee Organization activities not interfering with the proper performance of the employee’s work.
SECTION 2. POLICY REQUIREMENTS
A. To achieve the goal of equal employment opportunity, this Policy and its guidelines must be adhered to by all City employees and enforced by managers and supervisors. All employees and applicants for employment must be informed that equal employment opportunity is City policy. City employees will be guided by the following requirements:
1. Managers at every level must share in the responsibility and accountability for attainment of equal employment opportunity. Inherent in the duties of all managers shall be the responsibility for demonstrated commitment and support of this policy.
2. Recruit, hire, train and promote persons in all jobs titles, without regard of race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, or any other basis protected by law.
3. Base employment decisions on the principle of equal employment opportunity.
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4. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.
5. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, and City-sponsored training and other programs will be administered without regard to race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, or any other basis protected by law.
6. All job announcements and recruitment publications shall include the phrase “CITY OF LAKEPORT IS AN EQUAL OPPORTUNITY EMPLOYER.”
7. Applications will be screened only with respect to factors which are related to job requirements.
8. For technical, vocational and clerical jobs where a written test is used in the selection process, a pre-test orientation to assist applicants in understanding the testing procedure will be available to applicants who request it.
9. All elements of the examination will be directly related to actual job duties and requirements.
10. No person shall be excluded on the basis of a protected status from representation on any oral review board. Oral review board members will be instructed on this Policy with regard to equal employment opportunity.
11. Immediate and direct disciplinary action up to and including termination will be taken against any employee if it is found that they have practiced employment discrimination.
12. Examinations will be validated with generally accepted validation techniques. All selection devices shall be administered fairly to all applicants and/or candidates.
13. Classification specifications will clearly define the duties of the job, and employment standards will be realistically related to duties and skills required. 14 City personnel procedures shall not involve utilization of any organization that prohibits employment because of race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, or any other basis protected by law or any other factor unrelated to job performance. 15 This policy and federal and state notices of Equal Employment Opportunity will be posted throughout the workplace.
16. This policy and discussion of equal employment opportunity shall be a part of new employee orientation.
SECTION 3. INVESTIGATION AND CORRECTIVE ACTION
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A. Investigation and any corrective action, if necessary, shall be made pursuant to the procedures set out in the City’s Harassment Policy, set out in Article IX of these Personnel Rules.
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ARTICLE VII
COMPENSATION, PAYROLL PRACTICES, AND BENEFITS
SECTION 1. DEFINITION OF WORKWEEK
A. The workweek begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday, except as otherwise designated by an applicable MOU, or as otherwise designated for employees on a flexible schedule, or as designated in FLSA 29 USC § 207(k) schedule for safety employees.
SECTION 2. OVERTIME COMPENSATION POLICY
A. Prior Approval Required
1. Overtime-eligible employees (e.g., non-exempt under FLSA) are not permitted to work overtime except as the department head authorizes or directs. No employee may work overtime without receiving the approval of the appropriate supervisor prior to performing the work. Working overtime without advance approval is grounds for discipline.
B. Overtime Defined
1. Unless otherwise stated in a MOU or pursuant to an alternative work schedule, “overtime” is all hours an overtime-eligible employee actually works over 40 in their work week.
2. Overtime is compensated at 1.5 times the Fair Labor Standards Act regular rate of pay. Only actual hours worked shall be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay. No overtime shall be recorded or reported for less than 8 minutes of work.
SECTION 3. COMPENSATORY TIME OFF POLICY
A. Supervisor Approval Required Before Work
1. An employee may opt to accrue compensatory time-off (“CTO”) in lieu of cash payment for overtime worked if their supervisor agrees prior to overtime work being performed.
B. Accrual Rate
1. CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee’s work week. CTO cannot be accumulated in excess of 100 hours at any given time, unless otherwise provided in an MOU. Employees shall have an annual CTO accrual cap of 100 hours, unless specified differently in an applicable MOU. Once the CTO accrual cap is reached, an employee who works ARTICLE VII COMPENSATION, PAYROLL PRACTICES AND BENEFITS Page 21 387728.4
overtime shall be compensated for the overtime worked in accordance with these Personnel Rules or the applicable MOU.
C. Employee Requests to Use CTO
1. The City will grant an employee’s request to use accumulated CTO provided that the department can accommodate the use of CTO on the day requested. If the Department Head cannot accommodate the time off request, the effected employee may cash out the CTO time at the end of the current pay period.
D. City Cash Out
1. The City reserves the right to cash out accumulated CTO at any time.
E. Employee Cash Out
1. During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three (3) years, whichever is higher.
F. MOU CTO
1. “MOU CTO” is CTO that is earned on a daily basis as may be permitted by a memorandum of understanding. MOU CTO is subject to the CTO procedures listed in that MOU. MOU CTO will be accounted for in an accrual separate from the FLSA-CTO described above.
SECTION 4. PROHIBITED SALARY DEDUCTIONS
A. Prohibited Deductions for FLSA-exempt Employee
1. Notwithstanding any other provision in these Policies, the City will not reduce the pay of any FLSA-exempt employee except that pay reductions can be made for any of the following reasons:
a. Disciplinary penalty other than a major safety violation. b. Any work week in which an employee performs no work. c. Disciplinary penalties in one day increments for violation of workplace conduct rules.
d. Temporary military leave.
e. Full day increments of sick or vacation leaves.
B. Complaint Procedure
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1. An FLSA-exempt employee who believes their salary has been subject to a prohibited deduction should notify the City Attorney or Human Resources who will investigate the matter as necessary.
2. If the investigation reveals an improper salary reduction, the City will reimburse the employee for the improper reduction.
3. The City will make a good faith commitment to avoid improper reductions.
SECTION 5. DIRECT DEPOSIT
A. The City will provide direct deposit of employee’s paychecks to banks, provided the City can provide such service at a reasonable cost.
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ARTICLE VIII
LEAVES OF ABSENCE
SECTION 1. ABSENCE CONTROL
SECTION 2. EMPLOYEE’S DUTY TO NOTIFY OF LATE ARRIVAL OR ABSENCE A. Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working hours.
B. An employee who is unexpectedly unable to report for work as scheduled must notify their immediate supervisor no later than the scheduled work time and report the expected time or duration of any late arrival or absence. If the employee's immediate supervisor is not available, the employee must notify the department head or another supervisor. An employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence.
SECTION 3. EXCESSIVE TARDINESS/ ABSENTEEISM
A. Excessive tardiness is when an employee is late to work or returning from breaks more than three (3) times during any thirty (30)-day period. Excessive absenteeism occurs when the number of unprotected absences (absences due to other than leaves authorized by city, state or federal law) exceeds three (3) days in any three (3)-month period. Excessive tardiness or absenteeism will be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination.
SECTION 4. SICK LEAVE
A. Sick Leave Defined
1. Sick leave may be granted by the City to an employee because of illness; injury; exposure to contagious disease; illness or injury of a member of the employee’s immediate family requiring the employee’s attendance; and medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the work day.
B. Immediate Family Defined
1. Child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
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2. Parent (biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
3. Spouse or registered domestic partner.
4. Grandparent.
5. Grandchild.
6. Sibling.
7. Designated person (i.e., a person identified by the employee at the time the employee requests paid sick days). The employee is limited to one designated person per 12- month period.
C. Sick Leave Use
1. An employee may be granted sick leave only in case of actual sickness as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
2. In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within one (1) hour after the time established as the beginning of the employee’s work day, unless the City determines that the employee’s duties require more restrictive reporting. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay.
3. If the employee is absent on sick leave for more than one (1) day, the employee will keep the immediate supervisor informed as to the date the employee expects to return to work.
4. Sick leave will not be granted to any employee absent from duty after separation from City service, or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.
5. Sick leave will not be granted to any employee to permit an extension of the employee’s vacation except in cases of actual sickness that may be required to be documented if so requested by the City.
6. The City may require a physician’s certification at any time regarding the sickness or injury of the employee or employee’s immediate family member and the date of the employee’s intended return to work.
7. Employees will not be permitted to use vacation in lieu of sick leave unless approved by the department head.
8. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger ARTICLE VIII LEAVES OF ABSENCE Page 25
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the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.
D. Sick Leave Accrual
1. Full-Time Employees
a. Unless otherwise stated in an MOU, for each Full-Time employee, Sick Leave shall be earned and accrued beginning upon the completion of the first full month of employment and thereafter at the end of each calendar month of employment at the rate of 8 hours of sick leave.
b. Sick leave will be accrued as provided above and upon separation from City service paid out in accordance with the applicable MOU. c. Sick leave granted by the City and used by an employee shall be deducted from the employee’s accrued sick leave balance. Sick leave must be actually accrued prior to it being available for use by an employee F. Absenteeism
1. An employee shall be subject to disciplinary action for absenteeism when the employee does not meet the requirements of sick leave as defined in Section 4.A.1.
Absenteeism will be considered in establishing the performance rating.
G Return to Work
1. Regular employees who are unable to perform the essential functions of their positions a result of a physical or psychological illness or injury shall participate in one or more interactive process meetings with Human Resources in order to determine whether a reasonable accommodation may be available to allow the employee to perform all essential functions of their position. Should the outcome of the interactive process meeting(s) fail to result in the identification and implementation of a reasonable accommodation to allow the employee to be returned to work to perform the essential functions of their position, the City may:
a. Separate the employee from employment for inability to perform the essential functions of their position with or without a reasonable accommodation. A separation from employment on this basis is not disciplinary in nature and is not subject to appeal; or, b. Initiate a disability retirement under the Public Employees Retirement System.
2. An employee who is unable to perform the essential functions of their position with or without a reasonable accommodation may be placed on a rehire list for a period not to exceed eighteen (18) months. Any employee returning to work pursuant to this section shall provide verification from a health care provider of their ability to return to work and perform the essential functions of their position, with or without accommodation.
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a. If during the period in which the employee is on the rehire list, the employee is physically and/or psychologically able to resume the duties of their previous position and there is a vacant position in the employee’s classification, the employee will be entitled to return to that position with all the rights, benefits, and responsibilities of a regular employee. However, an employee on a rehire list shall not accrue seniority. Thus, the employee will return to work with the same amount of seniority held prior to being placed on the rehire list.
b. Placement on the rehire list does not preclude an employee from applying for a disability retirement.
SECTION 5. FAMILY AND MEDICAL LEAVE
A. Statement of Policy
1. To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (“FMLA”), and the regulations of the California Family Rights Act (“CFRA”). Unless otherwise provided by this article, “Leave” under this Article shall mean leave pursuant to the FMLA and CFRA.
B. Definitions
1. 12-Month Period means a rolling twelve (12)-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
2. Child means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of self care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis (in place of a parent).
A child is “incapable of self care” if they require active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
3. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law.
4. Spouse means a party to a marriage as defined or recognized in California Family Code section 300 et seq.
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5. Domestic Partner means an individual as defined in California Family Code section 297 et seq.
6. Designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The employee may identify the designated person at the time they request leave from work. Employee may designate only one designated person per 12-month period.
7. Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:
a. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or
b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
i. A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:
1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3. Any period of incapacity due to pregnancy or for prenatal care.
(Note: This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.)
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ii. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
4. A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.
5. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
7. Health Care Provider means:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
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e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
C. Reasons for Leave
Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with the adoption or foster care of a child;
3. To care for a child, adult child who is incapable of self-care, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
Leave to care for a registered domestic partner, adult child who is incapable of selfcare, grandparent, grandchild, or sibling under this subsection is only recognized under CFRA.
4. To bond with a new child within one year of the child’s birth, adoption, or foster care placement.
5. Because of a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
6. 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.
7. Leave because of a serious health condition that makes the employee unable to perform the functions of their position.
D. Employees Eligible for Leave
An employee is eligible for leave if the employee:
1. Has been employed for at least twelve (12) months; and
2. Has been employed for at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period immediately preceding the commencement of the leave.
3. City may designate appropriate protected leave for an eligible employee.
E. Amount of Leave
Eligible employees are entitled to a total of twelve (12) workweeks of leave during any twelve (12)-month period. FMLA and CFRA leave shall be taken concurrently, unless the reason for leave qualifies for leave under only one of FMLA and CFRA. In such case, the employee ARTICLE VIII LEAVES OF ABSENCE Page 30
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shall be entitled to up to twelve (12) workweeks of leave under the law which grants such leave, and shall not exhaust leave under the law that does not grant such leave.
1. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks.
If leave is requested to care for a child, parent, spouse or the employee themselves with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with.
2. Bonding Leave for Spouses or Domestic Partners Both Employed by the City In any case in which both spouses or domestic partners are employed by the City and are entitled to leave, each eligible employee may be entitled to up to twelve (12) workweeks during any twelve (12)-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave).
F. Employee Benefits While On Leave
1. Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City’s group health insurance to the same extent that coverage is provided while the employee is on the job. 2. Employees may make the appropriate contributions for continued coverage under the preceding non-health benefit plans by payroll deductions or direct payments made to these plans. Depending on the particular plan, the City will inform the employee whether the premiums should be paid to the carrier or to the City. Coverage on a particular plan may be dropped if an employee is more than thirty (30) days late in making a premium payment. However, the employee will receive notice at least fifteen (15) days before coverage is to cease, advising that they will be dropped if the premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.
3. If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.), subject to compliance with applicable state law.
G. Substitution of Paid Accrued Leaves and Compensation While on Leave While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or CFRA leave, and may also require an ARTICLE VIII LEAVES OF ABSENCE Page 31
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employee to use Family and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
1. Employee’s Right to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation, or compensatory time, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy.
2. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
a. The leave is for the employee’s own serious health condition; or b. The leave is needed to care for a parent, spouse, domestic partner, or child with a serious health condition, and would be permitted as sick leave under the City’s sick leave policy.
3. The City’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave
Employees must exhaust their accrued vacation, administrative and sick leaves concurrently with FMLA/CFRA leave with two exceptions:
a. Peace Officers on leave pursuant to California Labor Code section 4850. b. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition.
4. The City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves
If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the City may designate that non-FMLA/CFRA leave as running concurrently with the employee’s 12-week FMLA/CFRA leave entitlement. The only exception is for Peace Officers who are on leave pursuant to California Labor Code section 4850.
5. The City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning Either the FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA-qualifying, the City may require the employee to exhaust accrued leave as described above.
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6. Eligible employees are entitled to be paid SDI benefits. The employee is solely responsible to apply for this compensation for the State Employment Development Department (EDD) The City has no obligation to ensure that employees receive SDI payments.
7. For leaves qualifying for State Disability Insurance or Paid Family Leave, the City will allow a coordination of leave benefits with SDI.. Coordination of benefits only applies to paid leave that is available in an employee’s sick, vacation, or CTO bank and is subject to rules of SDI.
H. Medical Certification
Employees who request leave for their own serious health condition or to care for a child, parent, spouse, or domestic partner who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City.
If the leave is requested because of the employee’s own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of their position.
1. Time to Provide a Certification
When an employee’s leave is foreseeable and at least 30 days’ notice has been provided, if a medical certification is requested, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least fifteen (15) calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
2. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided.
3. Recertification
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City.
4. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule due to a serious health condition or to care for an immediate family member with a serious health condition, the employee must provide medical ARTICLE VIII LEAVES OF ABSENCE Page 33
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certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.
I. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform their supervisor and Human Resources as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee’s notice is inadequate, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.
J. Reinstatement upon Return from Leave
1. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of their readiness to return.
2. Employee's Obligation to Periodically Report on Their Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
3. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work.
Failure to provide such certification will result in denial of reinstatement.
4. Reinstatement of “Key Employees”
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The City may deny reinstatement to a key employee (i.e., an employee who is among the highest paid ten (10) percent of all employed by the City within seventy-five (75) miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City intent to deny reinstatement on such basis at the time the employer determines that such injury would occur.
K. Required Forms
Employees must fill out the following applicable forms in connection with leave under this policy:
1. “Request for Family or Medical Leave Form” prepared by the City to be eligible for leave. NOTE: EMPLOYEES WILL RECEIVE A CITY RESPONSE TO
THE REQUEST WHICH WILL SET FORTH CERTAIN CONDITIONS
OF THE LEAVE;
2. Medical certification either for the employee’s own serious health condition or for the serious health condition of a child, parent or spouse;
3. Authorization for payroll deductions for benefit plan coverage continuation; and
4. Fitness-for-duty to return from leave form.
L. Pregnancy Disability Leave
1. A pregnant employee who is disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to a leave of absence without pay for up to four (4) months. Pregnancy disability leaves (“PDL”) are without pay. However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid time off during the leave. For employees who are also eligible for FLMA/CFRA leave, PDL is not counted as time used for CFRA leave, but runs concurrently with available FMLA leave.
2. An employee is “disabled by pregnancy” if, in the opinion of their health care provider, they are unable because of pregnancy to perform any one or more of the essential functions of their job or to perform any of these functions without undue risk to themselves, to their pregnancy’s successful completion, or to other persons.
Examples of disability due to pregnancy, childbirth, or a related medical condition may include, but are not limited to: severe morning sickness; prenatal or postnatal care; the need for bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; post-partum depression; loss or end of pregnancy; and recovery from loss or end of pregnancy.
3. Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee’s supervisor or department head before the leave begins.
The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth, or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work.
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4. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department head prior to being taken. Requests for an extension of leave must be submitted in writing to the department head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four (4) months.
5. An employee on PDL may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12-week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following PDL.
6. An employee on PDL who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City.
7. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid PDL.
8. Upon expiration of the approved leave, the employee shall be reinstated to their former position or to a comparable one if the former position was eliminated for a legitimate business reason during the leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, geographic location, job content, status, and promotional opportunities. Prior to the employee being reinstated, the department head shall require a statement from the health care provider that the employee is physically capable of resuming the regular duties of her position.
9. After the employee’s pregnancy disability ends, the employee may be eligible for CFRA leave, in accordance with the Family and Medical Leave policy, to care for a newborn. The City may require that the employee provide a medical certification indicating when the pregnancy disability ended. In addition, an employee may request leave without pay to care for the newborn. Such requests may be granted within the discretion of the City Manager or their designee in consultation with the department head.
10. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights.
SECTION 6. PAID FAMILY LEAVE
A. Eligibility
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Employees who are covered by State Disability Insurance (“SDI”) are eligible for Family Temporary Disability Insurance (“FTDI”) benefits while taking care of family member(s).
The City does not pay into SDI. These benefits are paid by the State Employment Development Department. There is no requirement that the employee have worked for the City any particular length of time before being entitled to this leave. However, no employee can receive more FTDI benefits than they earned in wages during the base period for calculating benefits. Employees are not eligible if they are receiving SDI, workers’ compensation, or private insurance payments in lieu of such payments.
Employees are eligible for this leave under the following circumstances:
a. For the birth and care of a newborn child, or the placement and initial care of an adopted or foster care child, or
b. To care for an employee’s spouse, child, parent or domestic partner with a serious health condition. However, an employee is not eligible to receive FTDI benefits for any day that another family member is able and available to provide care during for the same period of time that the employee is providing care. c. Participate in a qualifying event because of a family member’s military deployment.
Definitions of all applicable terms will be in accordance with state law relating to Family Temporary Disability Insurance (California Unemployment Insurance Code section 3300 et seq.).
B. Request for Leave
Requests for paid family leave must be approved in advance by the employee’s supervisor and the Human Resources Manager. Since the need for the family leave is included within the need for Family Care and Medical Leave, the same procedures for making requests for Family Care and Medical Leave and scheduling of leave shall apply to requests for Paid Family Leave. As with Family Care and Medical Leave, the employee must submit medical certification to the City to justify the request for such leave.
C. Duration of Paid Family Leave
According to law, employees are entitled to a maximum of six (6) weeks paid family leave in a twelve (12) month period. Such leave runs concurrently with Family and Medical Leave.
An employee is not entitled to more than a maximum of twelve (12) weeks leave in a twelve (12) month period to care for a family member.
D. Compensation During Leave
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employee is solely responsible to apply for this compensation from the State Employment Development Department (EDD). The City has no obligation to ensure that employees receive FTDI payments.
E. Integration of Benefits
If an employee is on Paid Family Leave and is receiving FTDI benefits, the employee may continue to receive full pay by requesting that the maximum weekly FTDI benefits be supplemented by the use of accrued paid leave benefits. Under this option, the employee would tender their FTDI payments to the City and the City would then continue to issue paychecks and deduct the value difference between the FTDI payments and the employee’s regular pay from the employee’s sick leave allotment.
F. Waiting Period and Use of Vacation
The law requires that there be a seven (7) day “waiting period” before an employee on family leave may begin receiving FTDI payments.
G. Integration/Coordination of Leaves with State Disability Insurance For leaves qualifying for State Disability Insurance or Paid Family Leave, the City will allow a coordination of leave benefits with SDI for members of the Lakeport Employees’ Association and Lakeport Police Officers Association. Coordination of benefits only applies to paid leave that is available in an employee’s sick, vacation, or CTO bank and is subject to rules of SDI.
SECTION 7. BEREAVEMENT LEAVE
A. Unless otherwise stated in an MOU, an employee shall receive bereavement leave of five (5) unpaid days due to the death of their parent, stepparent, parent‐in‐law, spouse, child, stepchild, adopted child, child‐in‐law, grandchild, grandparent, sibling, sibling‐in‐law, aunt, uncle, niece, nephew, grandparent‐in‐law, or the death of any person residing in the immediate household of the employee at the time of death.
B. Bereavement leave is not subject to accrual and the leave allowed pursuant to this provision must be used for any single incident of bereavement within seven (7) days of the time the employee first takes bereavement leave for said incident.
C. Said bereavement leave is separate and shall not be credited against other forms of leave.
The employee shall use bereavement leave before they make use of accrued sick time.
D. The City has the right to request documentation of the death upon a request for bereavement leave. in which case, the employee must provide documentation within 30 days of the first day of leave.
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SECTION 8. REPRODUCTIVE LOSS LEAVE
A. An eligible employee who experiences a reproductive loss event may take up to 5 unpaid days off. If the employee experiences more than one reproductive loss event within a 12- month period, they are entitled to no more than 20 days total reproductive loss leave within a 12-month period. The leave time need not be taken in consecutive days. The reproductive loss leave must be completed within three months of the reproductive loss event, unless the employee is using other leave time.
B. An employee is eligible for this leave after having been employed by the employer for at least 30 days prior to the commencement of the leave.
C. If, prior to or immediately following a reproductive loss event, the employee is on or chooses to go on leave from work pursuant to any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave.
D. The employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee in-lieu of the unpaid reproductive loss leave.
E. Definitions
1. “Reproductive loss event”: the day (or for a multiple-day event, the final day) of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. These events apply to a person who would have been a parent if not for the reproductive loss event, including a spouse or domestic partner.
2. “Failed adoption”: the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
3. “Failed surrogacy”: the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
4. “Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, such as artificial insemination, embryo transfer, and gamete and embryo donation.
SECTION 9. HOLIDAY LEAVE
A. Each employee shall be entitled to the following holidays with pay:
New Year’s Day
Martin Luther King Junior Day
President’s Day
Memorial Day
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Juneteenth
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day and Day after Thanksgiving
Christmas Eve Day and Christmas Day
New Years Eve
If any of these holidays falls on a Sunday, the Monday following shall be treated as the holiday. If the holiday falls on a Saturday, the Friday preceding shall be treated as the holiday. For employees working an alternate 9/80 schedule, a holiday which falls on the “off” Friday shall be designated on the immediately preceding Thursday.
For personnel working these holidays, or if the holiday falls on an employee’s regular day off, the employee shall be paid one day’s compensation or provided compensatory time off for the holiday.
An employee must have been employed by the City on the day preceding and the day following a holiday to qualify for holiday pay. For the purposes of this paragraph, an employee who is absent on authorized vacation with pay or on accrued sick leave shall be deemed to be employed at such time.
SECTION 10. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible regular employee to return to their work mentally and physically refreshed. All employees are entitled to take annual vacation leave with pay as follows:
1. Employees with zero (0) through four (4) of service shall accrue vacation leave on a monthly basis at the equivalent rate of eighty (80) hours of vacation for each full calendar year of service.
2. Probationary employees may be approved to use vacation time at the discretion of the department head.
3. Employees with five (5) through ten (10) years of service shall accrue vacation on a monthly basis leave at the equivalent rate of one hundred and twenty (120) hours of vacation for each full calendar year of service.
4. Employees with eleven (11) through twenty (20) or more years of service shall accrue vacation leave on a monthly basis at the equivalent rate of one hundred and sixty (160) hours of vacation for each full calendar year of service.
5. After twenty (20) years of service employees will accrue one (1) vacation day for each year of additional service up to the maximum vacation time equal to two hundred (200) hours of vacation for each full calendar year of service.
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B. The department head shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and operational needs of the department. Vacation may be taken in less than one (1) day increments upon approval from the department head.
C. Based upon operational needs or employee preference, the use of vacation leave earned in a given year may be deferred to the following year. However, at no time may an employee have a total balance of vacation days in excess of two (2) times their current annual accrual rate. When the employee reaches the maximum accrual they shall cease earning vacation leave until the balance falls below the maximum accrual.
D. Where a paid holiday falls during the period of an employee’s vacation leave, that day shall not be charged against the employee’s vacation accrual.
E. Where the employee’s or the employee’s family member’s illness or injury necessitates use of an employee’s sick leave during their vacation leave, the days of sick leave usage shall not be charged against the employee’s vacation accrual if either of the following conditions are met:
1. The employee complies with the same notice requirements in Rule VII.D. (Sick Leave) as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the employee becomes ill after the start of the work shift, then the employee must promptly provide notice on the same day the illness begins. Sick leave shall only be granted for those days on which notice is given pursuant to this Rule; or
2. The employee, upon return to work, submits a doctor’s certificate for each day the employee intends to use sick leave rather than planned vacation leave.
E. Vacation leave shall not accrue during leaves of absence without pay unless required by law (e.g., military leave).
SECTION 11. LEAVE WITHOUT PAY
A. All leave requested under this policy must, whenever possible, be requested in a manner that provides the City with reasonable notice of the employee’s requested absence. Regular and probationary employees are eligible for unpaid leave under this policy. An employee shall not be entitled to a leave of absence without pay as a matter of right.
B. Leave without pay for one (1) calendar week may be granted by the employee’s department head and must be requested in writing. The employee’s request must contain the reason for the requested leave and the date the employee desires to begin the leave, and the probable date the employee will return to work. The employee will receive a written response to the request.
C. Leave without pay for more than one (1) calendar week and up to three (3) months may be granted at the discretion of City Manager. The employee’s request must contain the reason for the requested leave and the date the employee desires to begin the leave, and the probable date the employee will return to work. The employee will receive a written response to the request from the City Manager or their designee.
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D. Upon expiration of the designated leave, or within a reasonable period of time after the employee provides notice to the City of their return to duty, the employee shall be reinstated to the position they held at the time the leave was granted, or to a comparable one if the former position was eliminated for a legitimate business reason during the leave and the employee would otherwise not have been laid off. A comparable position is one having similar terms of pay, geographic location, job content, status and promotional opportunities.
E. An employee’s failure to return to work at the expiration of the designated leave, or upon notice to the City of their return to duty, may be cause for termination unless the employee has contacted the City in writing to request additional leave, and the leave has been granted, or the employee has been notified by the City Manager or their designee that the request is under consideration.
F. Leave of absence without pay shall not be construed as a break in service or employment, and rights accrued at the time the leave is granted shall be retained by the employee; however, vacation credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person granted such leave during the period of absence. Nor is the City required to maintain contributions toward group insurance or retirement coverage. During the period of such leaves, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
Group insurance may be kept in force at the employees sole expense provided the Group plan allows for same.
SECTION 12. ADMINISTRATIVE LEAVE
A. The City has the right to place an employee on leave at any time for non-disciplinary reasons with full pay. An employee may be placed on administrative leave pending investigation of misconduct, potential disciplinary action, or other reasons that the City Manager or designee, in their discretion to protect the safety of the employee or others, believes warrant such leave. The employee has no right to appeal their placement on administrative leave.
Holidays which fall within an employee’s administrative leave with pay shall be charged as “holiday” time; an employee on administrative leave with pay shall not be paid for “working” the holiday.
SECTION 13. JURY DUTY
A. An employee who is summoned to serve on a jury must notify their supervisor or department head as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required on such jury.
The time spent on jury duty is not work time for purposes of calculating overtime compensation but the employee’s regular salary shall be paid for each day or portion that the employee is required to serve.
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SECTION 14. SUBPOENA
A. An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which they perceived or investigated in the course of their City job duties will do so without loss of compensation. The time spent will be considered work time.
B. An employee who is subpoenaed to appear in court in a matter unrelated to their City job duties or because of a civil or administrative proceedings that they initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use accrued vacation for time spent related to those proceedings. The time spent in these proceedings is not considered work time.
SECTION 15. MILITARY LEAVE
A. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the department head, whenever possible, with a copy of the military orders specifying the dates, site, and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. Benefits shall continue to accrue to the employee to the extent required by law. Employees on military leave shall be granted reinstatement and promotional opportunities after return from military leave, in accordance with applicable law.
SECTION 16. TIME OFF TO VOTE
A. If an employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may take up to two hours off without loss of pay at the beginning or end of the day. Prior approval for this time off by the employee’s supervisor is required.
SECTION 17. SCHOOL RELATED LEAVE
A. Any City employee who is a parent, guardian, or grandparent having custody of one (1) or more children in kindergarten or grades one (1) through twelve (12) or attending a licensed day care facility shall be allowed up to forty (40) hours each school year, not to exceed eight (8) hours in any calendar month of the school year, without pay, to participate in activities of the school of their child. Such employee must provide reasonable advance notice of the planned absence. The employee may be required to use vacation and/or compensating time off to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school activities on a specific date and at a particular time. If both parents, guardians, or grandparents having custody work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.
SECTION 18. TIME OFF FOR VICTIMS OF VIOLENT CRIMES OR DOMESTIC ABUSE A. An employee may take time off to:
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1. Obtain or attempt to obtain any relief for the employee, if the employee is a victim.
2. Appear in court to comply with a subpoena or other court order as a witness in a judicial proceeding.
3. Obtain or attempt to obtain any relief for the employee’s family member.
4. Participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
5. Relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
6. Provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
7. Prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
8. Seek, obtain, or provide childcare or care to a care-dependent adult if the child / dependent care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
9. Seek, obtain, or assist a family member to seek or obtain a. medical attention for or to recover from injuries caused by a qualifying act of violence
b. services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence
c. psychological counseling or mental health services related to an experience of a qualifying act of violence
d. civil or criminal legal services in relation to the qualifying act of violence.
B. Definitions
1. “Relief” includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or the family member of the victim.
2. “Family member” means: the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or designated person of the employee, as those terms are defined in Government Code Section 12945.2. The employee is limited to one designated person per 12-month period for leave.
3. “Qualifying act of violence” means:
a. Domestic violence.
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b. Sexual assault.
c. Stalking.
d. An act, conduct, or pattern of conduct in which:
i. an individual causes bodily injury or death to another individual ii. an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual
iii. an individual uses—or makes a reasonably perceived or actual threat to use—force against another individual to cause physical injury or death.
4. “Victim” means either of the following:
a. An individual against whom a qualifying act of violence is committed. b. Where the employee is taking time off to appear in court to comply with a subpoena or other court order as a witness in a judicial proceeding, a person against whom any crime has been committed.
C. The employee must give the City reasonable advance notice of the employee’s intention to take time off for the above purposes, unless the advance notice is not feasible. If the employee takes an unscheduled absence for the above purposes, the employee must provide a certification upon the City’s request. The certification shall be as defined in Government Code Section 12945.8, subd. (c)(2).
D. Employees may use any accrued vacation, personal leave, paid sick leave, or compensatory time off for any of the qualifying purposes above. Additionally, employees may take unpaid leave for any of the qualifying purposes above.
E. Unpaid leave taken for the purpose of this Section shall be limited in the following ways:
1. Total leave time taken may not exceed 12 weeks.
2. Leave time taken runs concurrently with leave taken pursuant to FMLA and CFRA leave, if the employee would have been eligible for that leave.
3. Where the employee takes leave to relocate or engage in the process of securing a new residence due to a qualifying act of violence, the employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, leave time taken may not exceed 5 days.
4. Where the employee’s family member is a victim who is not deceased as a result of crime and the employee is not a victim, leave time taken may not exceed 10 days.
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ARTICLE IX
EMPLOYEE CONDUCT
SECTION 1. REASONABLE ACCOMMODATION POLICY
A. Policy
1. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act; victim status within the meaning of the FEHA; or known limitations related to the pregnancy, childbirth, or related medical conditions within the meaning of the Pregnant Workers Fairness Act.
B. Procedure
1. Request for Accommodation
An employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the City Manager or their designee. The request must identify: a) the job-related functions at issue; and b) the desired accommodation(s).
2. Reasonable Documentation of Disability
Following receipt of the request, the City Manager or their designee may require additional information, such as reasonable documentation of the existence of a disability, victim status, or known limitations related to the pregnancy, childbirth, or related medical conditions.
3. Fitness for Duty Examination
The City may require an employee to undergo a fitness for duty examination to determine whether the employee can perform the essential functions of the job with or without accommodation. The City may also require that a City-approved physician conduct the examination.
4. Interactive Process Discussion
After receipt of the results of a fitness for duty report and reasonable documentation of disability, the City will arrange for a discussion, in person or via telephone conference call, with the employee, and their representatives, if any. The purpose of the discussion is to work in good faith to fully discuss all feasible potential reasonable accommodations.
5. Case-by-Case Determination
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The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the applicant, employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing.
SECTION 2. POLICY AND COMPLAINT PROCEDURE AGAINST HARASSMENT,
DISCRIMINATION AND RETALIATION
A. Purpose
The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The employer encourages all covered individuals to report—as soon as possible—any conduct that is believed to violate this Policy.
B. Policy
The employer has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an applicant or employee by a supervisor, management employee, co-worker, or contractor on the basis of race, religion, sex (including gender and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics, uniformed service member status, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or reproductive health decision-making will not be tolerated. This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below. Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
C. Definition
1. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), gender identity, gender expression, national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition, genetic characteristics, physical or mental disability, and reproductive health decisionmaking—including (1) any combination ARTICLE IX EMPLOYEE CONDUCT Page 47
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of those characteristics; (2) a perception that the person has any of those characteristics or any combination of those characteristics; and (3) a perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
2. Policy Coverage:
This Policy prohibits employer officials, officers, employees, members of the public or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because:
a. of an individual’s protected classification;
b. of the perception than an individual has a protected classification; or c. the individual associates with a person who has or is perceived to have a protected classification.
3. Discrimination:
This policy prohibits denying an employment benefit to an individual because of the individual’s protected classification as defined in this policy.
4. Harassment may include, but is not limited to, the following types of behavior that is taken because of an individual’s protected classification. Note that harassment is not limited to conduct that City’s employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
Visual insults, such as derogatory posters, cartoons, or drawings related to a protected classification.
Unwanted sexual advances, such as requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
5. Guidelines for Identifying Harassment:
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To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
a. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
b. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may refuse to protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
c. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. d. Even visual, verbal, and/or physical conduct between two employees who appear to welcome it can constitute harassment of a third applicant, officer, official, employee, member of the public or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual. e. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
f. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complainant, shunning and avoiding an individual who reports harassment or discrimination, or making real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation:
those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process.
D. Complaint Procedure
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1. An employee, job applicant, or contractor who believes they have been harassed may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command:
a. Immediate supervisor;
b. Any supervisor or manager within or outside of the department; c. Department head
d. Human Resources Manager; or
e. City Manager.
2. Any supervisor or department head who receives a harassment complaint should notify the City Manager immediately.
3. Upon receiving notification of a harassment complaint, the City Manager or their designee shall:
a. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) other persons who have relevant knowledge concerning the complaint.
b. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
c. Report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. d. If conduct in violation of this Policy occurred, take and/or recommend to the appointing authority prompt and effective remedial action. The action will be commensurate with the severity of the offense.
e. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
f. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
4. The employer takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
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5. Option to Report to Outside Administrative Agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers.
E. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the City Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
F. Responsibilities
1. Managers and Supervisors are responsible for:
a. Informing employees of this Policy.
b. Modeling appropriate behavior.
c. Taking all steps necessary to prevent harassment, discrimination or retaliation from occurring.
d. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
e. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
f. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
g. Informing those who complain of harassment or discrimination of their option to contact the EEOC or DFEH regarding alleged Policy violations. h. Assisting, advising, or consulting with employees and the City Manager regarding this Policy, and Complaint Procedure.
i. Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending ARTICLE IX EMPLOYEE CONDUCT Page 51
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appropriate corrective or disciplinary action in accordance with employer Personnel Rules, up to and including discharge.
j. Implementing appropriate disciplinary and remedial actions. k. Reporting potential violations of this Policy of which they become aware, regardless of whether a complaint has been submitted, to the Human Resources Department or the department head.
l. Participating in periodic training and scheduling employees for training.
2. Each employee or contractor is responsible for:
a. Treating all employees and contractors with respect and consideration. b. Modeling appropriate behavior.
c. Participating in periodic training.
d. Fully cooperating with the employer’s investigations by responding fully and truthfully to all questions posed during the investigation. e. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or City Manager. f. Reporting any act they believe in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to their immediate supervisor, or department head, or City Manager.
G. Dissemination Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
SECTION 3. WORKPLACE SECURITY
A. Policy
1. The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace.
The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy will lead to criminal prosecution, and/or disciplinary action, up to and including termination.
B. Prohibited Behavior
1. Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that ARTICLE IX EMPLOYEE CONDUCT Page 52
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references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
2. Employees engaged in City business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry a self-defense weapon shall notify the department head in writing of what type of weapon is being carried. City employees shall not possess the following instruments at a City worksite or on City property or in a City-owned vehicle, including City parking lots, unless there is a work-related purpose and written approval has been obtained from the City Manager:
a. Firearms, regardless of licensing;
b. Explosives, explosive devises, fireworks or ammunition; c. Fixed blade knives;
d. Folding knives with blades over 3.5 inches;
e. Illegal weapons such as defined in Section 12020 of the California Penal Code.
C. Definitions
1. “Threat of violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
2. “Workplace Violence” is any act of violence or threat of violence that occurs in a place of employment, not including lawful acts of self-defense or defense of others.
Specific examples of workplace violence include, but are not limited to, the following:
a. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property.
b. The destruction, or threat of destruction, of City property or another employee’s property.
c. Harassing or threatening phone calls.
d. Surveillance.
e. Stalking.
f. Any conduct relating to violence or threats of violence that adversely affects the City’s legitimate business interests.
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g. The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
h. An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
3. “Weapons” are defined as firearms, chemical sprays, clubs or batons, and knives; and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
D. Incident Reporting Procedures
1. Employees must immediately report workplace violence as prescribed by the City’s Workplace Violence Prevention Plan (“WVPP”).
E. Investigation
1. The procedures for post-incident response and investigation in the City’s WVPP shall be followed.
F. Management Responsibility
Each Department head must enforce this policy and the City’s WVPP.
G. Follow-Up Disciplinary Procedures
1. Any employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution SECTION 4. DRUG AND ALCOHOL-FREE WORKPLACE POLICY
A. Policy
1. The manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance is prohibited in both City workplaces and wherever City business is performed.
2. This policy applies to any substance that, in the opinion of competent medical professionals, causes or may cause significant impairment of job performance or which causes or may cause behavior that is a threat to the safety of the affected employee or others. All substances listed in any federal, state or local controlled substance acts or regulations, including, but not limited to, marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, and those substances listed in Schedules I through V of Section 202 of the federal Controlled Substances Act, are covered by this policy. This policy also applies to the use of alcoholic beverages or substances, ARTICLE IX EMPLOYEE CONDUCT Page 54
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including any medication or food containing alcohol such that it is present in the body.
3. Pursuant to Government Code section 12954, the City will not subject an employee to an adverse employment action based on a City-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their system, unless the employee is in the building and construction trades or the employee was hired for a position that requires a federal government background investigation or security clearance in accordance with state or federal regulations.
3. An employee must notify their supervisor before beginning work when taking medications or drugs which could interfere with the safe and effective performance of duties or operation of City equipment. If there is a question regarding an employee’s ability to perform assigned duties safely and effectively while using prescribed medications, the City may require medical clearance.
4. Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.
5. Employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program” are subject to requirements contained in the Department of Transportation Policy Handbook.
B. Scope of Policy
1. This policy applies to all City employees when they are on City property or when performing City-related business elsewhere.
C. Searches
1. In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City and employees. No employee has any expectation of privacy in any City building, property, or communications system except as otherwise provided by law (e.g., under California Government Code section 3309).
D. Drug and Alcohol Testing
Except as provided otherwise in a MOU, or as to employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program,” the City has discretion to test for alcohol or drugs in the following instances:
1. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees reasonably suspected of using or being under the influence of a ARTICLE IX EMPLOYEE CONDUCT Page 55
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drug or alcohol at work. Testing must be approved by the City Manager or their designee.
“Reasonable suspicion” is based on objective factors, such as behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. drugs or alcohol may have played a role in an accident involving city property or equipment, that will also constitute reasonable suspicion.
In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the City Manager or their designee or the department head. If there is a reasonable suspicion of drug or alcohol abuse, the employee will be relieved from duty and placed on sick leave or other paid leave until the test results are received.
2. Post-Accident Testing
The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the “reasonable suspicion” factors described above are present.
3. Pre-Employment Testing
Pre-employment drug testing (bodily fluid test) will be conducted for full time, part time, and volunteers in safety-sensitive positions and/or positions responsible for the safety of children. A full list of subject positions is located in Human Resources.
The City Manager has the authority to modify the list without further approval from the City Council. All offers of employment/appointment are condition on a negative drug test result.
4. Effective January 1, 2024, drug testing which includes screening for cannabis may only test for the presence of THC in the individual’s bodily fluids, and may not include any test for non-psychoactive cannabis metabolites. This limitation does not apply to positions that require a federal government background or security clearance, such as for sworn employees, or employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program.”
E. Employee’s Responsibilities
City employee must:
1. Not report to work or be on standby or on-call status while their ability to perform job duties is impaired due to on or off duty alcohol or drug use; ARTICLE IX EMPLOYEE CONDUCT Page 56
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2. Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location;
3. Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time; or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;
4. Notify their supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment;
5. Notify the department head of any criminal conviction for a drug violation that occurred in the workplace within no more than five days after such conviction;
6. Notify the supervisor immediately of facts or reasonable suspicions when the employee observes behavior or other evidence that a fellow employee poses a risk to the health and safety of themselves or others; and
7. Consent to drug or alcohol testing and searches.
F. Management Employee Responsibilities
City management employees must:
1. Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract;
2. Record factors supporting “reasonable suspicion” as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy;
3. Take appropriate disciplinary action for any criminal drug statute conviction that occurred in a City workplace, up to and including termination, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; and
4. Take appropriate disciplinary action for any violation of this policy.
G. Drug-Free Awareness Program
The City employee assistance provider offers counseling and treatment of drug- or alcoholrelated problems. The employee assistance provider has information about: (a) the dangers of drug or alcohol abuse in the workplace; (b) the penalties that may be imposed for drug or alcohol abuse violations; (c) the City’s Policy of maintaining a drug- and alcohol free ARTICLE IX EMPLOYEE CONDUCT Page 57
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workplace; and (d) any available drug or alcohol counseling, rehabilitation or employee assistance programs.
SECTION 5. OUTSIDE EMPLOYMENT OR ACTIVITY
A. Purpose, Policy and Definition
1. The purpose of this policy is to establish guidelines for outside employment or activity for City employees.
2. An employee shall not engage in any employment or activity which is inconsistent, incompatible, in conflict with, or inimical to, their duties as a City officer or employee, or with the duties, functions, or responsibilities of the City.
3. Outside Employment or Activity is any work performed, on a paid or volunteer basis, by a City employee outside of their employment with the City.
B. Prohibited Types of Outside Employment or Activity
1. No employee shall engage in outside employment or activity if the contemplated outside employment or activity involves any of the following:
a. The use of City time, facilities, equipment, supplies or other resources; b. The use of the employee’s uniform, badge, prestige or influence of their City office or employment;
c. The receipt or acceptance by the employee of money or other consideration, from any person or entity 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 an employee;
d. The performance of an act, not in their capacity as a City employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the employee or the City department in which they are employed;
e. Time demands which would likely render performance of their duties as a City employee less efficient or conditions in which there is a substantial danger of injury or illness to the employee; and
f. The performance of any act, whether or not for monetary compensation or other consideration, which is inconsistent, incompatible, in conflict with, or inimical to their duties for the City.
C. Notice of Intent to Participate In Outside Employment or Activity
1. An employee interested in outside employment or activity must advise their department head prior to engaging in such work or activity.
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2. The department head will make a recommendation to the City Manager if they determine that the employment/activity should be prohibited, whose decision on the employment/activity will be final.
3. Outside employment or activity will be reviewed subject to the prohibitions contained in Subsection B, above.
D. Violations and Penalties
1. Any violation of the provisions herein shall constitute sufficient grounds for disciplinary action, pursuant to the City’s discipline policy, up to and including termination.
SECTION 6. USE OF CITY EQUIPMENT
A. Policy
1. City property is to be used only for conducting City business unless otherwise authorized. City property includes, but is not limited to: telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e- and voice-mails), vehicles and any other City property used by City employees in their work. Employees do not have a reasonable expectation of privacy in City property or equipment.
2. City property may be monitored and searched at any time and for any reason.
Messages sent or received on City equipment may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.
3. Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment.
B. Telephone Usage
Telephone calls made from City telephones, including interdepartmental calls, shall generally be made only in conjunction with the conduct of official City business. However, an employee may be permitted to make a local, long distance, or interdepartmental call from a City telephone for reasons of personal necessity, subject to the following restrictions:
1. Calls shall be made only during the time an officer or employee is relieved from duty, i.e., during an assigned break, during the lunch hour, or before or after an assigned shift;
2. Departmental operations shall not be disrupted;
3. Calls shall be restricted in number and duration to those necessary for an officer or employee to attend to important personal business which cannot reasonably be conducted at another time and in another place;
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4. Calls shall not be made in the conduct of any avocation, second occupation or business pursuit, or for purposes of sales or solicitation on behalf of the officer or employee or another agency, business or concern, and
5. All long distance calls shall be billed to a third party and in no event shall any long distance calls become a charge against the City.
C. Computer/Communications Equipment Usage
1. The City owns and operates a variety of computer, network, electronic mail (“email”), and Internet access and voice mail systems for use by its employees. These systems are provided to employees at the City’s expense to assist the employees in carrying out the business of the City. Users of these e-mail/communication systems should be aware that (1) their e-mail/communications are not personal and private, (2) their e-mail/communications may be (but are not necessarily) saved for future reference, and (3) their e-mail/communications may be seen by persons other than the original addressee. In addition, these forms of e-mail/communications may be accessed by members of the public under the provisions of the Public Records Act.
2. The computer, network, e-mail, Internet access and other similar technologies shall generally be used only in conjunction with the conduct of official City business.
Subject to the restrictions set out in this policy, employees may be permitted to use the City’s computer/communications systems for reasons of personal necessity so long as such use is during the time the employee is relieved from duty, i.e. during a break, during the employee's lunch hour, or before or after the employee's work shift, and only so long as the Department Head determines that the operation of the Department is not being compromised or disrupted.
D. Inappropriate Use of Communications Equipment Prohibited The following are examples of inappropriate and prohibited uses of the City’s communications systems:
1. Exposing others, either intentionally or unintentionally, to material that is offensive, obscene or in poor taste;
2. Any use that a reasonable person would consider creates or furthers a hostile attitude on the basis of race, color, religion, national origin, citizenship, ancestry, marital status, gender, disability, age, military or veteran status, sexual orientation, sex, gender identity, gender expression, medical condition, genetic information, or any other protected characteristic;
3. Communication of confidential City information to unauthorized individuals within or outside the City;
4. Sending messages with content that conflicts with any City policies, rules, or other applicable laws;
5. Unauthorized attempts to access data or break into a City or non-City system; ARTICLE IX EMPLOYEE CONDUCT Page 60
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6. Theft or unauthorized copying of electronic files or data;
7. Initiating or sustaining chain letters, and
8. Intentionally misrepresenting one’s identity for improper or illegal acts.
E. Use of Other City Property
The City reserves the right to restrict employee use of all City-owned property, including City vehicles. City-owned vehicles may be available for use by City employees when required to conduct City business. Employees may be provided guidelines by the appropriate department head for using City property, such as vehicles, and must comply with such guidelines when given. No employee shall allow any unauthorized person to rent, borrow, or use any City property, except upon prior approval of the City Manager.
SECTION 7. EMPLOYEE DRESS CODE
A. City employees are required to dress appropriately for the jobs they are performing.
Therefore, failure to follow the dress regulations contained in this section shall be grounds for discipline.
B. All clothing must be neat, clean, in good repair and appropriate to the working environment, especially when the employee has direct contact with the public.
C. Prescribed uniforms and safety equipment must be worn where applicable.
D. Footwear must be functional and appropriate for the working environment.
E. Hair must be neat, clean, and well-groomed.
F. Beards, mustaches and sideburns must be maintained in a neat and well-groomed fashion.
G. Jewelry is acceptable except in areas where it may constitute a health or safety hazard.
SECTION 8. DISASTER SERVICE WORKER
In the event of a local, regional, state, or national emergency, all employees shall be required to report for work in accordance with their department’s emergency preparedness plans. Assigned duties may vary from normal duties. In such an emergency, provisions of these Rules may be expressly waived by action of the City Manager.
SECTION 9. POLITICAL ACTIVITIES
A. Policy
The City prohibits:
1. Employees and officers from engaging in political activities during work hours; ARTICLE IX EMPLOYEE CONDUCT Page 61
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2. Political campaigning in City buildings or on premises adjacent to City buildings; and
3. An employee or officer from using their office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.
B. Examples of Prohibited Conduct
1. Participate in political activities of any kind while in uniform;
2. Participate in political activities during working hours;
3. Participate in political activities on City worksites;
4. Place or distribute political communications on City property;
5. Use equipment to make political communications;
6. Solicit a political contribution from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee;
7. Favor or discriminate against any employee because of political opinions or affiliations;
8. Interfere with any election; or
9. Attempt to trade job benefits for votes
C. Examples of Permitted Conduct
1. Express opinions on all political subjects or candidates;
2. Become a candidate for any local, state, or national election;
3. Contribute to political campaigns;
4. Join and participate in the activities of political organizations;
5. Request, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees;
6. Solicit or receive, during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or
7. Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City officers or employees.
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ARTICLE X
NEPOTISM AND FRATERNIZATION POLICY
SECTION 1. PURPOSE
A. The purpose of this policy is to establish the nepotism and fraternization policy for the City of Lakeport. This policy is intended to avoid conflicts of interest between work-related and personal/family obligations; reduce favoritism or even 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.
SECTION 2. DEFINITIONS
A. 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, emotional attachment, 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, emotional attachment, and sexual or physical intimacy.
3. “A social meeting” occurs when co-employees gather for purposes not related to work for the City.
4. “Cohabitation” applies to those employees who live together, share room and board, sire children, or share financial, recreational, or social activities together without being married to one another.
5. A “significant other” means a relationship between an employee of the City and another individual as defined herein in (1), (2), (3) and/or (4) and elsewhere in the policy.
SECTION 3. POLICY/PROCEDURE
A. 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 ARTICLE X NEPOTISM AND FRATERNIZATION POLICY Page 63
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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 and subject to remedial action as discussed under subsection 3 below (“Enforcement”). 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.
2. Romantic Relationships Between Co-Employees
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 are discouraged.
Inappropriate or disruptive conduct resulting from romantic relationships between co-employees will be cause for discipline.
3. Enforcement
The City reserves the right to reasonably 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 the herein proscribed relationship 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 such 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 of 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 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 ARTICLE X NEPOTISM AND FRATERNIZATION POLICY Page 64
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proscribed relationship can be transferred, said employee may continue to be employed within the same City department subject to approval by the department head and the City Manager 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 engaged in proscribed relationships prohibited by this Policy cannot be accommodated consistent with the City's interest in the 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.
4. The provisions of this fraternization policy are not applicable to individuals employed by the City on or before the date of adoption of these Rules 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, said employees are subject to any and all employmentrelated actions by the City, which are permissible pursuant to existing City policies and procedures to address conduct, which is negatively impacting the work environment.
B. Nepotism
1. It is an express finding of the City that the situation specified in this Section—the employment of relatives as that term is defined herein—is contrary to appropriate City goals of safety and efficiency. The purpose of this section is to define those specific circumstances and to delineate the manner in which such employment issues will be addressed.
2. For purposes of this policy, “relative” means spouse, child, step-child, parent, stepparent, grandparent, grandchild, sibling, step-sibling, aunt, uncle, niece, nephew, parent-in-law, sibling-in-law, legal guardian and/or significant other as defined herein and in the fraternization policy, and/or any other individual related by blood or marriage living in the same household as the City employee.
3. An employee is defined as any person who receives a City payroll check for services, full or part time, rendered to the City of Lakeport.
4. 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.
5. City employees who are related as defined herein as of the effective date of this Policy shall not be affected in their current job status except when the City Manager ARTICLE X NEPOTISM AND FRATERNIZATION POLICY Page 65
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or their designee determines that the circumstances of such 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.
6. 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:
a. a supervisor-subordinate relationship;
b. the employees having job duties which authorize performance of shared duties on the same or related work assignment;
c. both employees being under the jurisdiction of the same immediate supervisor; and/or
d. an adverse impact on supervision, safety, security and/or morale.
C. Effect of Post-Employment Marriage or Creation of Other “Relative” Status of City Employees
1. 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 which prohibits discrimination on the grounds of marital status.
However, the Act and the 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. (California Code of Regulations, Title 2, section 11057; California Government Code section 12940(a)(3)).
2. With the above principles being recognized, the City determines that “marital status” is defined as an individual 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 as set forth in California Civil Code section 4100.
3. 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.
4. The City retains the right to refuse to place both spouses or other relatives in the same department where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest.
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5. 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 Manager will attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict. If such redefinition of job status is not feasible, the City Manager 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 operation and efficient of the City. If any such transfer results in a reduction in salary or compensation, the same shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.
6. 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.
Absent resignation by one of the affected employees, 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..
7. Married or other related employees may continue to be employed within the same City department subject to approval by the department head and the City Manager 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.
8. 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.
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ARTICLE XI
EMPLOYEE TRAINING POLICY
A. The City encourages the training of employees. Responsibility for developing training of employees shall be assumed by department heads. Such training programs may include lecture courses, demonstrations, assignment of reading matter, or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties.
B. Time for participation by employees in special training programs at the expense of the City shall be granted upon the recommendation of the department head and approval of the City Manager.
C. Participation in, and the successful completion of, special training courses may be considered in making advancement and promotions. The employee shall file evidence of such activity with the department head, who shall submit such evidence to the City Manager.
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ARTICLE XII
PERSONNEL RECORDS
SECTION 1. GENERAL
A. The City maintains a personnel file on each employee. An employee’s personnel file shall contain only material that is necessary and relevant to the administration of the City’s personnel program. Personnel files are the property of the City, and access to the information they contain is restricted.
SECTION 2. NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION A. Each employee is responsible to promptly notify the Administrative Services Director of any changes in relevant personal information, including (1) mailing address, (2) telephone number, (3) persons to contact in emergency, and (4) number and names of dependents.
SECTION 3. LOCATION OF PERSONNEL FILES
A. All current personnel files are kept in a locked file cabinet at City Hall.
SECTION 4. MEDICAL INFORMATION
A. Separate Confidential Files
All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with the Americans with Disabilities Act (42 U.S.C. section 12112(d)(3)(b)) and the California Confidentiality of Medical Information Act (California Civil Code section 56 et seq.), and any other applicable state or federal law.
B. Information in Medical Files
The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION.
C. Access to Medical Information
Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
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D. The City will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION. The City will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.
SECTION 5. REFERENCES AND RELEASE OF INFORMATION IN PERSONNEL FILES A. Public Information
Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information if it believes doing so would constitute an unwarranted invasion of personal privacy.
B. Reference Checks
All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager or their designee. Information will be released only if the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYMENT INFORMATION, except that without such authorization, the following limited information will be provided: dates of employment and salary upon departure. Department heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis.
C. Medical Information
Medical information will be released only in accordance with the rules set out in subsection 4 above.
SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE
A. Inspection of File
An employee may inspect their own personnel file, as defined in California Labor Code section 1198.5, at reasonable times and at reasonable intervals. An employee who wishes to review their file should contact the Administrative Services Director or their designee to arrange an appointment. The review must be done in the presence of the City Clerk or their designee.
B. Copies
On request, an employee is entitled to receive free copies of any employment-related document placed in their file. An employee who wishes to receive such a copy should contact the Administrative Services Director or their designee. On request, the City will also provide an employee single copies of any other documents in their personnel file. The City may charge a reasonable fee for these copies.
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ARTICLE XIII EMPLOYEE PERFORMANCE EVALUATIONS Page 71
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ARTICLE XIII
EMPLOYEE PERFORMANCE EVALUATIONS
SECTION 1. FREQUENCY
A. Supervisors are authorized to evaluate a subordinate’s performance as often as the supervisor deems appropriate. Employee performance will be evaluated at least one time each year.
SECTION 2. PROCESS
A. The evaluation of an employee’s performance is an ongoing process. Evaluations must be documented in writing. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee shall sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with their supervisor.
The employee’s signature on the evaluation does not necessarily indicate agreement with its contents. The employee will receive a copy of the evaluation after the meeting with the supervisor(s) and a copy of the evaluation will be placed in the employee’s personnel file.
SECTION 3. NO APPEAL
A. An employee does not have the right to appeal any matter relating to a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file.
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ARTICLE XIV
EMPLOYEE DISCIPLINE PROCEDURE
Unless otherwise specified by a MOU, the following constitutes the City’s policy regarding disciplinary actions:
SECTION 1. POLICY COVERAGE
A. The following categories of persons can be terminated at-will and have no rights to any of the pre- or post-disciplinary processes or procedures in this Policy: (1) temporary employees, (2) provisional or seasonal employees, (3) probationary employees, (4) any person who serves pursuant to a contract, and (5) any person who is designated “at-will” in any City policy, document, acknowledgement, resolution or ordinance. Notwithstanding any provision in this policy, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is not subject to any disciplinary penalty which is inconsistent with their FLSA overtime-exempt status.
SECTION 2. CAUSES FOR DISCIPLINE
A. Regular employees may be counseled, admonished, reprimanded, suspended, demoted, discharged, or incur a reduction in pay for, including but not limited to, each of the following causes of discipline:
1. Violation of the City’s Employment Standards, Standards of Conduct or any department rule, City policy, or City regulation, ordinance, or resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee’s department head, these Policies, or MOU;
4. Use of disability leave in a manner not authorized or provided for pursuant to the leave policies or other policies of the City;
5. Making any false statement, omission, or misrepresentation of a material fact;
6. Providing wrong or misleading information or other fraud in securing appointment, promotion, or maintaining employment;
7. Unsatisfactory job performance;
8. Inefficiency;
9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions:
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a. Conviction of a felony. “Conviction” shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendere, regardless of sentence, grant of probation, or otherwise. b. The damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
14. Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity;
15. Misuse of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, or Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any City record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee’s supervisors or fellow employees;
20. Violation of the City’s Drug-Free Workplace Policy;
21. Violation of the City’s Use of City Property and Equipment Policy;
22. Violation of the City’s Policy Against Harassment, Discrimination, and Retaliation;
23. Violation of the City’s Workplace Security Policy and Workplace Violence Prevention Policy;
24. Outside employment or activity that violates the City’s Outside Employment policy, or other enterprise that constitutes a conflict of interest with service to the City;
25. Any conduct that impairs, disrupts, or causes discredit to the City, the employee’s City employment, the public service, or other employee’s employment;
26. Failure to comply with Occupational Safety and Health Administration (OSHA) Safety Standards and City safety policies;
27. Failure to report to the employee’s supervisor any contact with criminal authorities (such as police) which may affect employment with the City;
28. Altering, falsifying, and tampering with time records, or recording time on another employee’s time record; or
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29. Working overtime without prior authorization.
SECTION 3. ADMINISTRATIVE LEAVE
A. A department head may place an employee on an administrative leave with pay pending a potential disciplinary action. Administrative leave with pay is authorized: (1) when the department head, in their sole discretion, believes that the employee’s continued presence at the work site could have detrimental consequences for City operations, or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures.
SECTION 4. TYPES OF DISCIPLINE
Minor Discipline:
A. Counseling Memo
A counseling memo shall be retained in the employee’s personnel file, and may not be appealed under this policy.
B. Oral Reprimand
An oral admonishment or reprimand shall be memorialized in writing, including any rebuttal statement or input from the employee, and become part of the employee’s personnel file, and may not be appealed under this policy.
C. Written Reprimand
A department head may reprimand an employee by furnishing them with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee’s personnel file, and may not be appealed. The employee has the right to have a written rebuttal attached to the reprimand in the employee’s personnel file.
If the employee is a Peace Officer, statutory procedures under the Peace Officer’s Bill of Rights Act will apply.
Major Discipline:
D. Suspension
A department head may suspend an employee from their position for cause. Documents related to a suspension shall become part of the employee’s personnel file. An employee subject to suspension will receive prior written notice and appeal as provided herein. FLSAexempt employees are not subject to suspension except in work day or work week increments or for violations of major safety rules.
E. Demotion
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A department head may demote an employee from their position for cause. Documents related to a demotion shall become part of the employee’s personnel file. An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein.
F. Reduction in Pay
A department head may reduce an employee’s pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee’s personnel file. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay.
G. Discharge
A department head may discharge an employee from their position for cause. Documents related to discharge shall become a part of an employee’s personnel file. A discharged employee is entitled to prior written notice and appeal based upon the terms described herein.
SECTION 5. SKELLY PROCESS – PRE-DISCIPLINARY PROCEDURE FOR
SUSPENSION, DEMOTION, REDUCTION IN PAY, OR DISCHARGE
A. Only regular, for-cause employees have the right to the conference and appeal processes outlined in this Section.
B. Notice of Intent to Discipline
For a suspension without pay, a demotion, a reduction in pay or a termination, the department head shall issue to the employee a written notice of intent to discipline, that contains the following:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended discipline is based;
5. Notice of the employee’s right to respond to the department head regarding the charges within seven (7) calendar days from the date of the Notice, either by requesting an informal conference, or by providing a written response, or both;
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7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
C. Employee’s Response and the Skelly Conference
1. Upon request, an informal conference to respond orally to the charge(s) must be scheduled at least seven (7) calendar days after the date of the Notice. The conference will be an informal meeting with the department head, at which the employee has an opportunity to rebut the charges against themselves and present any mitigating circumstances. The employee may, in addition or alternatively to providing an oral response, submit a written response to the charges by or before the time scheduled for the Skelly conference. The department head will consider the employee’s presentation before taking any final disciplinary action.
2. The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause their written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee’s right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified.
D. Final Notice of Discipline
1. After considering the employee’s response, or after the expiration of the employee’s time to respond to the Notice of Intent, the department head shall: (1) dismiss the notice of intent and take no disciplinary action against the employee, or (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department head shall prepare and provide the employee with a notice that contains the following:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based; c. A summary of the misconduct upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the discipline is based; and
e. A statement of the nature of the employee’s right to appeal.
SECTION 6. EVIDENTIARY APPEAL TO THE CITY MANAGER
A. Request for Appeal Hearing
A regular, for-cause employee may appeal from a final notice of discipline for Major Discipline, as defined above, by delivering a written answer to the charges and a request for appeal to the City Manager or designee. The written answer and request for appeal must be ARTICLE XIV EMPLOYEE DISCIPLINE PROCEDURES Page 77
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received no later than ten (10) calendar days from the date of the department head’s decision.
B. Delegation
The City Manager or designee reserves the right to delegate their authority to decide the appeal to an outside hearing officer of the City Manager’s choice for an advisory decision to the City Manager or designee. The hearing officer shall follow the hearing rules outlined below.
C. Date and Time of the Appeal Hearing
The City Manager will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. An employee who, having filed a timely written answer and request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, shall be deemed to have abandoned their appeal. In such a case, the City Manager shall dismiss the appeal and impose the department head’s decision.
D. Identification of Issues, Witnesses, and Evidence
No later than ten (10) days prior to the appeal hearing, each party will provide each other and the City Manager a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing that has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The City Manager will state at the beginning of the hearing their decision as to the precise issue(s) to be decided.
E. Conduct of the Appeal Hearing
1. Subpoenas. The City Clerk has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving their/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify unless the City agrees to a different arrangement.
2. Continuances. The City Manager may continue a scheduled hearing only upon good cause shown.
3. Record of the Proceedings. All disciplinary hearings may, at the discretion of the parties City Manager, be either recorded by a court reporter or tape recorded. If a court reporter is ordered, the parties shall share the cost of the court reporter. If the City Manager delegates their authority to decide the appeal to an outside hearing officer per subsection B. above, the hearing shall be recorded by a court reporter.
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4. The City Manager’s Authority During the Hearing: the City Manager has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline.
5. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City Manager decides is the most conducive to determining the truth.
b. Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if made before submission of the case.
d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The City Manager shall determine relevancy, weight, and credibility of testimony and evidence.
g. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. h. All witnesses shall be sworn in for the record prior to testifying at the hearing. The City Manager or the court reporter shall request each witness to raise their right hand and respond to the following: “Do you swear that the testimony that you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?”
F. Burden Of Proof
The City has the burden of proof by a preponderance of the evidence.
G. Right to Due Process
The employee shall have the following due process rights during the hearing:
1. The right to be represented by legal counsel or another chosen representative, at the employee’s own expense;
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2. The right to call and examine witnesses on the employee’s behalf;
3. The right to introduce evidence;
4. The right to cross-examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called the witness to testify; and
6. The right to rebut evidence against the employee.
H. Hearing to Be Closed To the Public
The hearing will be closed to the public unless the employee requests that it be open. I.
Presentation of the Case
The parties will address their remarks, evidence, and objections to the City Manager. No party or their counsel or representative shall disparage the intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager may terminate argument at any time and issue a ruling regarding an objection or any other matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the City Manager directs otherwise:
1. The City shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The City shall produce its evidence.
4. The employee shall produce their evidence.
5. The City, followed by the employee, may offer rebuttal evidence.
6. Closing arguments of no more than twenty (20) minutes shall be permitted at the discretion of the City Manager. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.
J. Written Briefs by the Parties
The City Manager or the parties may request the submission of written briefs. The City Manager will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.
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K. Written Findings and Decision
The City Manager shall render a statement of written findings and decision within thirty (30) days after the hearing has been completed and the briefs, if any, have been submitted. The City Manager’s decision is final.
If the City Manager delegates their authority to decide the appeal to an outside hearing officer per subsection B. above, the hearing officer shall render its written advisory decision to the City Manager within thirty (30) calendar days after the hearing has been completed and the briefs, if any, have been submitted. The City Manager shall render a written decision regarding final discipline within ten (10) business days of receiving the hearing officer’s advisory decision. The City Manager’s decision is final.
L. Proof of Service of the Written Findings and Decision The City Manager shall send their final statement of written findings and decision, along with a proof of service of mailing, to each of the parties and to each of the parties’ representatives. A copy shall also be distributed to the employee’s personnel file.
M. Statute Of Limitations
The City Manager’s written findings and decision is final. There is no process for reconsideration. Pursuant to California Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Lake.
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ARTICLE XV
EMPLOYEE GRIEVANCE PROCEDURE
Unless otherwise specified in a MOU, the following is the City’s grievance procedure for City employees:
SECTION 1. POLICY
A. The goal of this grievance procedure is to make every reasonable effort to resolve applicable complaints as near as possible to the point of origin.
SECTION 2. ELIGIBILITY TO FILE A GRIEVANCE
A. A grievant is a regular employee who is personally affected by an act or omission that occurred no more than fourteen (14) days prior to the reporting of the grievance, provided that the act or omission comes within the definition of “grievance” as described herein. The employee must be currently employed to bring a grievance. Employees who bring a grievance and separate from City employment during the grievance process are deemed to have waived their grievance.
SECTION 3. DEFINITION OF “GRIEVANCE”
A. Subject to the exclusions listed in this Policy, a grievance is defined as any dispute that: (1) is job-related, (2) is wholly or partially within the province of the City to rectify or remedy, (3) concerns terms and conditions of employment, (4) involves the interpretation, application, or alleged violation of these Policies or a current MOU between the City and a recognized employee organization representing City employees, and (5) is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution, or agreement.
SECTION 4. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
A. The following matters are excluded from the definition of “grievance”:
1. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meeting and conferring process or matter within the scope of representation;
2. Requests for changes in the content of employee evaluations or performance reviews, oral or written warnings, reprimands or counseling;
3. Layoff, transfer, or denial of reinstatement;
4. Challenges to any disciplinary action;
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5. Challenges to examinations or appointment to positions;
6. Management of the City generally, or issues of City or Department policy;
7. Determination of the nature, necessity, or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs;
8. The City’s methods of financing;
9. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force;
10. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Determination of standards, policies, and procedures for selection, training, and promotion of employees; and
14. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities.
Notwithstanding the unavailability of the grievance procedure as stated above, employee associations shall retain the right to invoke the meet and confer process as to matters involving or related to Item 7 and Items 9 through 14 above.
SECTION 5. GRIEVANCE PROCEDURE
A. The grievance procedure has the following four steps:
1. Step 1: Informal Discussion
Within fourteen (14) calendar days of the occurrence of the act(s) that constitute the grievance, an employee shall discuss the grievance with their immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor shall give the employee an oral reply within fourteen (14) calendar days after the discussion. If the employee is not satisfied with the reply, they may proceed to Step 2.
2. Step 2: Formal Discussion
a. Any grievance not resolved at Step 1 may be submitted in writing to the immediate supervisor no later than fourteen (14) days after the date of the supervisor’s oral reply. The written grievance must identify all of the following:
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1) Full description of how the grievant is/was adversely affected by a specific act or omission which gave rise to the alleged violation, misinterpretation, or misapplication;
2) The specific provision of these Policies or an applicable MOU that was allegedly violated, misinterpreted, or misapplied;
3) The date or dates on which the violation, misinterpretation, or misapplication allegedly occurred;
4) The documents, witnesses, or other evidence that support the grievance;
5) The desired solution or remedy;
6) The signature and identification of the grievant; and 7) The person, if any, the grievant has chosen to be their representative. b. No grievance shall be accepted for processing until all of the information listed above is provided. Within fourteen (14) calendar days after the grievant provides all of the information listed above, the immediate supervisor may, in their discretion, schedule a meeting with the grievant for the parties to work at resolving the grievance. The immediate supervisor shall give the grievant a written reply within fourteen (14)calendar days after receipt of the written grievance or the meeting, whichever occurs later, and will file a copy in the grievance file. If the grievant is not satisfied with the response, they may either request mediation or proceed to Step 3 below.
3. Step 3: Department Head
Any grievance not resolved at Step 2 may be submitted in writing to the department head no later than fourteen (14) days after the date of the immediate supervisor’s written reply. The grievant shall provide the department head with copies of the Step 2 response. Within fourteen (14) calendar days thereafter, the department head may, in their discretion, schedule a meeting with the grievant for the purpose of giving the parties the opportunity to resolve the grievance. The department head shall give the grievant a written reply within fourteen (14) calendar days after receipt of the written grievance, or the meeting, whichever occurs later, and shall file a copy in the grievance file. If the grievant is not satisfied with the response, they may either request mediation or proceed to Step 4.
4. Step 4: Appeal to City Manager
Any grievance not resolved at Step 3 may be submitted in writing no later than fourteen (14) days after the date of the department head’s written reply. The grievant shall present to the City Manager or designee copies of the Step 2 and 3 responses.
The City Manager or designee reserves the right to delegate their authority to decide the appeal to an outside hearing officer for an advisory decision to the City Manager or designee.
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Within fourteen (14) calendar days thereafter, City Manager or designee will schedule a meeting with the grievant to discuss the matter. After consideration of the facts and an investigation, the City Manager or designee shall issue their written decision to the grievant.
5. Decision on Grievance:
The decision of the City Manager or designee will be final and binding except as follows:
a. The decision shall neither add to, detract from, nor modify the language of these Policies or any applicable MOU.
b. The decision shall be confined to the precise issue(s) the grievance has raised and that the grievant has submitted.
c. Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event shall any grievance award include any compensatory damages or attorneys’ fees.
SECTION 6. SETTLEMENT OF GRIEVANCE
A. Any grievance shall be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing. Any grievance that the grievant fails to timely move to the next step shall be deemed resolved on the basis of the last disposition.
SECTION 7. REPRESENTATION
A. An employee may have a representative of their choice present at all stages of the grievance procedure, except that no one may be represented by an employee they supervise, and no employee may be represented by their supervisor or department head. If the employee’s representative is a fellow employee, that employee will receive time off from their work assignment for the time of the grievance meeting or hearing plus reasonable travel time.
Forty-eight (48) hours prior to the grievance meeting, the employee shall inform the immediate supervisor, department head or City Manager whether they shall be represented at the grievance meeting and shall identify the representative.
SECTION 8. NO RETRIBUTION
A. An employee shall not be penalized or retaliated against in any way for using this procedure.
SECTION 9. WITHDRAWAL
A. A grievant may withdraw any grievance at any time, without prejudice, by giving written notice to the City representative who last took action on the grievance, and by providing a copy of the notice to the City Manager.
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B. Failure by the grievant to appeal their grievance to the next step within the specified time limits of this rule shall constitute a waiver of the right to pursue the grievance further, unless the City has granted a written extension of time to a definite date. Failure by the City to respond to the grievance within any of the specified time limits shall be considered a denial of the grievance and shall entitle the grievant to appeal to the next level of review.
C. Failure on the part of the grievant or their representative to appear for any scheduled meeting without notification may, in the City’s discretion, result in the City’s denial of the grievance without further right to appeal.
SECTION 10. RESUBMISSION
A. Upon consent of the person hearing the grievance and the grievant, a grievance may be resubmitted to a lower step in the grievance procedure for reconsideration.
SECTION 11. MISCELLANEOUS
A. If an employee is given an order that they wish to grieve, the employee must first comply with the order and file a grievance later, unless the employee reasonably believes that the assignment endangers the health or safety of the employee or others or if the employee reasonably believes that the requested assignment violates the employee’s constitutional rights.
SECTION 12. DELEGATION
A. The City Manager may delegate non-involved department heads or other management-level employees to act on their behalf in these processes. The findings and recommendations they render will be advisory to the City Manager, whose ultimate decision will be final and binding.
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ARTICLE XVI
EMPLOYER-EMPLOYEE RELATIONS
SECTION 1. STATEMENT OF PURPOSE
A. This rule implements Chapter 10, Division 4, Title 1 of the California Government Code (sections 3500 et seq.) captioned “Local Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, City ordinances, resolutions and rules which establish and regulate the personnel system, or which provide for other methods of administering employer-employee relations. This rule is intended, instead, to strengthen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employee, employee organizations, and the City.
B. It is the purpose of this rule to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law (or the City Charter). However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; determine the time and hours of operation of City services; approve policies, goals and objectives; determine staffing patterns and the number and kinds of personnel required; build, move or modify facilities; determine the methods of raising revenue; exercise complete control and discretion over its organization, and the technology of performing its work; and the exercise of the foregoing powers, rights, authorities, duties, and responsibilities of the City and its adoption of reasonable policies, rules, regulations and practices in furtherance thereof shall not be limited, except to the extent required by law or applicable agreement to which the City is a party.
SECTION 2. DEFINITIONS
A. As used in this rule, the following terms shall have the meanings indicated:
1. Appropriate unit means a unit of employee classes or positions, established pursuant to this rule.
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2. City means the City of Lakeport, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
3. Confidential Employee means an employee who, in the course of their duties, has access to confidential information relating to the City’s administration of employeremployee relations.
4. Consult/Consultation in Good Faith means to communicate orally or in writing with all affected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposal with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a MOU, nor is it subject to the impasse procedures outlined in this rule.
5. Day means calendar day unless expressly stated otherwise.
6. Employee Relations Officer means the City Manager or their duly authorized representative.
7. Impasse means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a MOU, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
8. Management Employee means an employee having responsibility for formulating, administering, or managing the implementation of City policies and programs.
9. Proof of Employee Support means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words “recently signed” shall mean within ninety (90) days prior to the filing of a petition.
10. Exclusively Recognized Employee Organization means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to this rule, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
11. Supervisory Employee means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 88
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discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
SECTION 3. FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION A. An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
1. Name and address of the employee organization.
2. Names and titles of its officers.
3. Names of employee organization representatives who are authorized to speak on behalf of the organization.
4. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
5. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
6. Certified copies of the employee organization’s constitution and bylaws.
7. A designation of those persons, not exceeding two (2) in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
8. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability, or medical condition, or any protected classification under the Fair Employment & Housing Act.
9. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
10. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
11. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 89
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the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
B. Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
SECTION 4. CITY RESPONSE TO RECOGNITION PETITION
A. Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
1. There has been compliance with the requirements of the Recognition Petition, and
2. The proposed representation unit is an appropriate unit in accordance with Section 9 of this rule.
B. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, they shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 12 of this rule.
SECTION 5. OPEN PERIOD FOR FILING CHALLENGING PETITION
A. Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of this rule. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 9 of this rule. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 12 of this rule.
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SECTION 6. GRANTING RECOGNITION WITHOUT AN ELECTION
A. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.
SECTION 7. ELECTION PROCEDURE
A. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party’s rules and procedures subject to the provisions of this rule. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this rule shall be included on the ballot.
The ballot shall also reserve to employees the choice of representing themselves individually in their Employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial Election being applicable to a run-off election.
B. There shall be no more than one valid election under this rule pursuant to any petition in a twelve (12)-month period affecting the same unit.
C. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.
D. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
SECTION 8. PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED
EMPLOYEE ORGANIZATION
A. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 91
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unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a MOU then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.
2. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit.
3. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
4. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.
B. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under subdivision (A)(3) of this Section 8, and otherwise conforms to the requirements of Section 3 of this rule.
C. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If their determination is in the negative, they shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 12 of this rule. If the determination of the Employee Relations Officer is in the affirmative, or if their negative determination is reversed on appeal, they shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
D. Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 7 of this rule.
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E. During the “open period” specified in the first paragraph of this Section 8, the Employee Relations Officer may on their own motion, when they have reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that they will arrange for an election to determine that issue. In such an event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 8, which the Employee Relations Officer shall act on in accordance with this Section 8.
F. If, pursuant to this Section 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any MOU then in effect for its remaining term.
SECTION 9. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS
A. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
2. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
3. Consistency with the organizational patterns of the City.
4. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
5. Effect on the classification structure and impact on the stability of the employeremployee relationship of dividing single or related classifications among two or more units.
6. Effect of differing legally mandated impasse resolution procedures.
B. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 2 of this rule, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
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C. Peace Officers may be required to be represented in separate units composed solely of such Peace Officers. These units shall not be represented by an organization that, directly or indirectly, is subordinate to any other employee organization which includes non-Peace Officers.
D. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final.
SECTION 10. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS
A. Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 8 of this rule. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 3 of this rule, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this rule.
B. The Employee Relations Officer may by their own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 9 of this rule, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer’s determination may be appealed as provided in Section 12 of this rule. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to this rule.
SECTION 11. PROCEDURE FOR PROCESSING SEVERANCE REQUESTS A. An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 10 for modification requests.
SECTION 12. APPEALS
A. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 94
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Employee Relations Officer that a Recognition Petition (Section 3), Challenging Petition (Section 5), Decertification Petition (Section 8), Unit Modification Petition (Section 10); or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 8) has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later.
B. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding unless timely appealed to the Public Employees Relations Board.
SECTION 13. SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED
EMPLOYEE ORGANIZATIONS
A. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a) through (h) of its Recognized Petition under Section 3 of this rule shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.
SECTION 14. EMPLOYEE ORGANIZATION ACTIVITIES – USE OF CITY RESOURCES A. Access to City work locations and the use of City paid time, facilities, equipment, and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in MOU and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this rule that pertain directly to the employeremployee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety, and security of City operations.
SECTION 15. ADMINISTRATIVE RULES AND PROCEDURES
A. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this rule after consultation with affected employee organizations.
SECTION 16. INITIATION OF IMPASSE PROCEDURES
A. If the meet and confer process has reached impasse as defined in Section 2 of this rule, either party may initiate the impasse procedures by filing with the other party a written ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 95
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request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
1. To review the position of the parties in a final effort to reach agreement on a MOU; and
2. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
SECTION 17. IMPASSE PROCEDURES
A. Impasse procedures are as follows:
1. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
2. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding.
3. If the parties agree on fact-finding, they may agree on the appointment of one or more fact-finders. If they fail to so agree on one or more fact-finders, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven (7) names of individuals having fact-finding experience in the municipal sector to be provided by the California State Mediation and Conciliation Service.
B. The following constitute the jurisdictional and procedural requirements for fact-finding:
1. The fact-finders shall consider and be guided by applicable federal and state laws.
2. Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:
a. First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours, and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. “Total compensation” shall mean all wage compensation, including but not limited to premium, incentive, minimum ‘standby’, out-of- ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 96
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class, and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer payments for all health, welfare, and pension benefits.
3. The fact-finders shall then adjust the results of the above comparisons based on the following factors:
a. The compensation necessary to recruit and retain qualified personnel. b. Maintaining compensation relationships between job classifications and positions within the City.
c. The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average “consumer price index” for goods and services, and the pattern of change in wages and compensation of other wage earners.
4. The fact-finders shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessing the City’s financial resources, the fact-finders shall be bound by the following:
a. Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing body; and b. Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and c. Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); and
d. Assurance of sufficient and sound budgetary reserves; and e. Constitutional, statutory limitations on the level and use of revenues and expenditures.
5. The fact-finders shall make written findings of fact, and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization.
C. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the fact-finder or the chairperson of the factfinding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council’s legislative consideration of the impasse.
D. If the parties did not agree on mediation or the selection of a mediator and did not agree on fact-finding, or having so agreed, the impasse has not been resolved, the City Council may ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 97
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take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.
SECTION 18. COSTS OF IMPASSE PROCEDURES
A. The cost for the services of a mediator and fact-finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and the Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
SECTION 19. CONSTRUCTION
A. This rule shall be administered and construed as follows:
1. Nothing in this rule shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body, or other representative of the City, the rights, powers and authority granted by federal or state law.
2. This rule shall be interpreted so as to carry out its purpose as set forth in Section 1 of this rule.
3. Nothing in this rule shall be construed as making the provisions of California Labor Code section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate, or encourage, directly or indirectly, any strike, sickout, or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract.
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PERSONNEL POLICIES
Revised June 20, 2023
Resolution No. 2921 (2023)
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SECTION 2. EMPLOYEE’S DUTY TO NOTIFY OF LATE ARRIVAL OR ABSENCE ........................................................ 23 SECTION 3. EXCESSIVE TARDINESS/ ABSENTEEISM .............................................................................................. 23 SECTION 4. SICK LEAVE ........................................................................................................................................ 23 SECTION 5. FAMILY AND MEDICAL LEAVE ............................................................................................................ 26 SECTION 6. HOLIDAY LEAVE ................................................................................................................................ 36 SECTION 7. VACATION LEAVE ..............................................................................................................................40 SECTION 8. LEAVE WITHOUT PAY ....................................................................................................................... 41 SECTION 9. ADMINISTRATIVE LEAVE ................................................................................................................... 42 SECTION 10. JURY DUTY ...................................................................................................................................... 42 SECTION 11. SUBPOENA ....................................................................................................................................... 42 SECTION 12. MILITARY LEAVE .............................................................................................................................. 42 SECTION 13. TIME OFF TO VOTE ........................................................................................................................... 43 SECTION 14. SCHOOL RELATED LEAVE ................................................................................................................. 43 SECTION 15. TIME OFF FOR VICTIMS OF VIOLENT CRIMES OR DOMESTIC ABUSE ................................................. 43 ARTICLE IX .................................................................................................................................................................. 47 EMPLOYEE CONDUCT ............................................................................................................................................. 47 SECTION 1. REASONABLE ACCOMMODATION POLICY ......................................................................................... 47 SECTION 2. POLICY AND COMPLAINT PROCEDURE AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION ............................................................................................................................................................................. 48 SECTION 3. WORKPLACE SECURITY ..................................................................................................................... 53 SECTION 4. DRUG AND ALCOHOL-FREE WORKPLACE POLICY .............................................................................. 56 SECTION 5. OUTSIDE EMPLOYMENT OR ACTIVITY ............................................................................................... 59 SECTION 6. USE OF CITY EQUIPMENT ................................................................................................................. 60 SECTION 7. EMPLOYEE DRESS CODE .................................................................................................................... 62 SECTION 8. POLITICAL ACTIVITIES ....................................................................................................................... 63 ARTICLE X ................................................................................................................................................................... 65 NEPOTISM AND FRATERNIZATION POLICY .......................................................................................................... 65 SECTION 1. PURPOSE ........................................................................................................................................... 65 SECTION 2. DEFINITIONS ...................................................................................................................................... 65 SECTION 3. POLICY/PROCEDURE .......................................................................................................................... 65 ARTICLE XI .................................................................................................................................................................. 70 EMPLOYEE TRAINING POLICY ................................................................................................................................ 70 ARTICLE XII ................................................................................................................................................................. 71 PERSONNEL RECORDS ........................................................................................................................................... 71 SECTION 1. GENERAL ............................................................................................................................................ 71 SECTION 2. NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION ............................................................. 71 SECTION 3. LOCATION OF PERSONNEL FILES ....................................................................................................... 71 SECTION 4. MEDICAL INFORMATION ................................................................................................................... 71 SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE ........................................................................................... 72 ARTICLE XIII ................................................................................................................................................................ 74 EMPLOYEE PERFORMANCE EVALUATIONS .......................................................................................................... 74 SECTION 1. FREQUENCY ....................................................................................................................................... 74 SECTION 2. PROCESS ........................................................................................................................................... 74 SECTION 3. NO APPEAL........................................................................................................................................ 74 ARTICLE XIV ................................................................................................................................................................ 75 EMPLOYEE DISCIPLINE PROCEDURE ..................................................................................................................... 75 387728.4
SECTION 1. POLICY COVERAGE ............................................................................................................................. 75 SECTION 2. CAUSES FOR DISCIPLINE .................................................................................................................... 75 SECTION 3. ADMINISTRATIVE LEAVE ................................................................................................................... 77 SECTION 4. TYPES OF DISCIPLINE......................................................................................................................... 77 SECTION 5. SKELLY PROCESS – PRE-DISCIPLINARY PROCEDURE FOR SUSPENSION, DEMOTION, REDUCTION IN PAY, OR DISCHARGE ............................................................................................................................................. 78 SECTION 6. EVIDENTIARY APPEAL TO THE CITY MANAGER ................................................................................. 79 SECTION 7. EVIDENTIARY APPEAL TO A HEARING OFFICER .................................... Error! Bookmark not defined.
ARTICLE XV ................................................................................................................................................................ 84 EMPLOYEE GRIEVANCE PROCEDURE ................................................................................................................... 84 SECTION 1. Policy ................................................................................................................................................. 84 SECTION 2. ELIGIBILITY TO FILE A GRIEVANCE ..................................................................................................... 84 SECTION 3. DEFINITION OF “GRIEVANCE” ........................................................................................................... 84 SECTION 4. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............................................................................. 84 SECTION 5. GRIEVANCE PROCEDURE ................................................................................................................... 85 SECTION 6. SETTLEMENT OF GRIEVANCE ............................................................................................................. 87 SECTION 7. REPRESENTATION ............................................................................................................................. 87 SECTION 8. NO RETRIBUTION .............................................................................................................................. 87 SECTION 9. WITHDRAWAL .................................................................................................................................. 87 SECTION 10. RESUBMISSION ............................................................................................................................... 88 SECTION 11. MISCELLANEOUS ............................................................................................................................. 88 SECTION 12. DELEGATION ................................................................................................................................... 88 ARTICLE XVI ............................................................................................................................................................... 89 EMPLOYER-EMPLOYEE RELATIONS ..................................................................................................................... 89 SECTION. 1. STATEMENT OF PURPOSE ............................................................................................................... 89 SECTION 2. DEFINITIONS ..................................................................................................................................... 89 SECTION 3. FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION ................................................... 91 SECTION 4. CITY RESPONSE TO RECOGNITION PETITION ..................................................................................... 92 SECTION 5. OPEN PERIOD FOR FILING CHALLENGING PETITION ........................................................................... 92 SECTION 6. GRANTING RECOGNITION WITHOUT AN ELECTION ........................................................................... 93 SECTION 7. ELECTION PROCEDURE ...................................................................................................................... 93 SECTION 8. PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION ..... 93 SECTION 9. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS ....................................... 95 SECTION 10. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS.......................................96 SECTION 11. PROCEDURE FOR PROCESSING SEVERANCE REQUESTS ....................................................................96 SECTION 12. APPEALS ..........................................................................................................................................96 SECTION 13. SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS ............... 97 SECTION 14. EMPLOYEE ORGANIZATION ACTIVITIES – USE OF CITY RESOURCES ................................................ 97 SECTION 15. ADMINISTRATIVE RULES AND PROCEDURES ................................................................................... 97 SECTION 16. INITIATION OF IMPASSE PROCEDURES ............................................................................................ 97 SECTION 17. IMPASSE PROCEDURES ................................................................................................................... 98 SECTION 18. COSTS OF IMPASSE PROCEDURES ................................................................................................. 100 SECTION 19. CONSTRUCTION ............................................................................................................................. 100
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SECTION 5. NO CONTRACT CREATED
A. These personnel rules do not create any contract of employment, express or implied, or any rights in the nature of a contract between any person and the City.
SECTION 6. CONFLICT WITH COLLECTIVE BARGAINING AGREEMENTS A. If a provision of these policies conflicts with any provision of any applicable collective bargaining agreement entered into by the City and a recognized employee organization, to the extent of such conflict, the provision of the collective bargaining agreement shall be deemed controlling. If Memoranda of Understanding (“MOU”) and personnel rules conflict MOU always controls. In the event any provision contained herein conflicts with the Police Officer’s Bill of Rights or internal Lakeport Police Department rules then such particular rights and rules shall supersede these policies.
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and other leave in excess of thirty days where employment status is protected by law are not considered a break in service when determining seniority.
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advantage in the examination or appointment, (8) directly or indirectly obtained information regarding examinations, (9) failed to submit the employment application correctly or within the prescribed time limit, (10) has had their privilege to operate a motor vehicle in the State of California suspended or revoked, if driving is job related,(11) refuses to sign a loyalty oath pursuant to California Constitution Article XX, Section 3, (12) the applicant is not legally permitted to work within the United States, (13) for any material cause which in the judgment of the City Manager or their designee would render the applicant unsuitable for the position, including a prior resignation from the City in lieu of disciplinary action, termination from the City, or a significant disciplinary action.
D. Notice of Rejection
1. Whenever an application is rejected, notice of such rejection will be mailed to the applicant by the City Manager or their designee. Defective applications may be returned to the applicant with notice to amend and re-file, provided that time for receiving applications has not expired.
SECTION 2. EXAMINATIONS
A. Nature and Type of Examinations
1. The selection techniques used in the examination process shall fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations may consist of one, or a combination of the following types of tests, as determined by the City Manager or their designee: oral, written, performance, physical agility, practical demonstration, or any form which will test fairly the qualifications of the applicants.
B. Promotional Examinations
1. As the needs of the City may require, promotional tests may be conducted from time to time and may consist of evaluation of prior service, accomplishments in special training courses, and other tests. All internal candidates for promotion must be in regular, classified positions and must possess the minimum qualifications for the promotional classification.
C. Examination Grading
1. Failure in one part of the examination, or failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination.
2. If an applicant for initial employment was discharged or released from active military, naval, or air service of the United States under conditions other than dishonorable within fifteen years immediately preceding the application deadline date, they shall have five points added to their application score.
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3. If an applicant for a City position is a current City employee and has successfully passed the examination, they shall have five points added to their final score.
D. Final Rating
1. The final rating shall be determined by the total of the score received by each applicant for each part of the examination, based upon the relative value assigned to each part of the test before the test was given, and including current employee or veterans’ preference points, if applicable.
SECTION 3. ELIGIBLE LISTS
A. Maintenance of Eligible List
1. As soon as possible after the conclusion of an examination, the City Manager or their designee shall prepare an eligible list consisting of names of candidates who passed the examination. The list shall be arranged in the order of final ratings, including additional points for current employee or veterans’ preference if applicable, from the highest score down to the lowest passing score.
B. Identical Grades
1. Wherever identical grades exist, names shall be arranged in the order of application date.
C. Duration of Eligible Lists
1. Eligible lists shall become effective for twelve (12) months upon the approval of a list by the City Manager or their designee, unless the City Manager or their designee abolishes the list, the list is exhausted or extended by the City Manager or their designee provided, however, that eligible lists for classes for which there is continuous recruitment remain in effect indefinitely. An eligible list may be extended for six (6) months by the City Manager or their designee if they determine it is in the best interest of the City to do so, but in no event may a list remain in effect beyond eighteen (18) months, except when specifically extended by the City Manager.
2. Notwithstanding any other provision of these rules, when an eligible list has been used and the remaining names have low ratings or have been previously passed over by the appointing authority, or when the list contains less than three (3) names, the City Manager or their designee may declare such list void and fill the position(s) by any method permitted by these personnel rules, including, but not limited to, undertaking new recruiting and testing.
D. Removal of Names from Eligibility Lists
1. Any person whose name appears on an eligibility list shall have their name removed by the City Manager or their designee for any of the following reasons: (a) if the eligible requests removal in writing, (b) if the eligible fails to respond to a notification of an opening from the City Manager or designee, or (c) if an eligible has been certified for appointment three (3) times and has not been appointed. The names of ARTICLE III EMPLOYMENT IN THE COMPETITIVE SERVICE Page 8 387728.4
persons on promotional eligible lists, who separate from the competitive service, shall automatically be removed from such lists; provided however that those who have resigned in good standing may elect to remain on the list by so requesting in writing.
2. It will be the responsibility of the eligible to keep the City Manager or their designee informed of their current address and telephone number.
E. Placement on Eligible List When Position Abolished
1. When an employee’s position is abolished, they may be placed on an eligibility list for a period of one year. If the employee’s classification is abolished, the employee’s name will not be placed on an eligible list unless there is a successor classification that is performing substantially the same duties as had been performed in the abolished classification.
F. Procedural Errors in Eligibility List Compilations
1. Procedural errors made in eligibility list compilations may be corrected at any time by the City Manager or their designee without invalidating any previous action taken.
SECTION 4. APPOINTMENT
A. Pre-Employment Examinations
1. As part of the pre-employment procedure, applicants shall be required to supply references and submit to a thorough background check, including Live Scan fingerprinting. Safety employees shall be subject to investigation in accordance with Department of Justice and/or Police Officer Standards and Training requirements.
In the case of employees handling money or other valuables in the course of their duties, a credit check may be done in accordance with applicable law.
2. All offers for appointment to a position in the competitive service shall be contingent upon the appointee passing medical and/or psychological examination and testing to determine whether the appointee can perform the essential functions of the job, with or without reasonable accommodation. Such pre-employment medical examination shall also include a drug screening. If the examination reveals that the appointee cannot perform the essential functions of the job, with or without reasonable accommodation, or that the person uses illegal the person may be disqualified from consideration for employment.
3. If an applicant is disqualified from appointment to a position for failing to meet the medical and psychological standards for the job class, the applicant may file a written request to review the disqualification. Such request must be submitted to the City no later than five working days after the postmarked date of the notification or disqualification. The applicant may submit medical evidence supporting their claim that they should not have been disqualified. If the City determines a genuine dispute exists as to the applicant’s ability to meet standards for the job class, the City may require the applicant to be examined by a physician or medical evaluator of the City’s ARTICLE III EMPLOYMENT IN THE COMPETITIVE SERVICE Page 9 387728.4
choice. Any such examination shall be paid for by the City. The City shall make the final determination based on this examination. If the disqualification is upheld, the applicant has no further right of appeal of the City’s determination.
B. Appointments to Regular Classifications
1. Appointments may be filled by re-employment, promotion, transfer, demotion, appointment of hourly employees, or from the appropriate eligible list, if available.
The City Manager or their designee will decide in what manner the vacancy is to be filled.
2. Whenever a vacancy in the competitive service is to be filled, the City Manager or their designee shall provide the appropriate department head with names from the eligible list. The City Manager or their designee shall certify the top three (3) names from the appropriate eligible list in the order of final rating. The department head shall interview these three (3) top candidates, or if less than three, all applicants whose names appear on the eligible list. The department head shall designate in writing to the City Manager or their designee their choice of the eligible(s). The selection for appointment shall be subject to final approval by the City Manager.
C. Appointment to Temporary Positions
1. Temporary or Seasonal Employee. An employee who is assigned to work on a particular project or for a job of limited or definite duration is a temporary or seasonal employee. A temporary or seasonal employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves.
D. Notification
1. The City Manager or their designee, or the department head in coordination with the City Manager or their designee, shall notify the person appointed.
2. The person accepting the appointment must report to the City Manager or their designee on the date designated by the City Manager or their designee; otherwise, the applicant will be deemed to have declined the appointment.
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1. If the employee has successfully completed the probationary period, the employee will receive a regular appointment.
F. At-Will Appointment
1., At will positions are not subject to the job protections described in these Rules, including process and rules for recruitment, discipline, termination, probationary periods, testing and appointment from eligibility lists. The employment of at will personnel may be terminated at any time, for any legal reason, and without any requirement of demonstrating “good cause.” At will employees have no right to appeal any discipline or termination.
G. Management Appointment--Department Head
1. Those positions specified as exempt from the competitive service under the Lakeport Municipal Code and Article I, Section 3.A., are not subject to these Rules regarding recruitment, selection, testing and eligibility lists. Management appointments may be designated as “at will” positions.
H. Temporary Appointment
1. The City may make temporary appointments whenever it has a legitimate need to do so. Such appointments shall not attain permanent status and shall be deemed “at will.” All temporary appointments are subject to the following requirements:
a. Any person appointed to temporary status must meet the minimum qualifications for the position to which they are being appointed. b. A temporary appointment shall not exceed a period of six months unless an extension is authorized in writing by the City Manager. The extension shall not exceed an additional six months.
c. Temporary appointees shall be compensated at the hourly equivalent of the salary range assigned to a regular employee in the same classification, depending upon their expertise.
I. Acting Appointment
1. Whenever the needs of the City, due to vacancy, extended illness, or other extenuating circumstances require, the City may appoint, on an acting basis, a regular employee from a lower classification to perform the duties of the vacant higher position.
2. The affected Department Head shall indicate in writing to the City Manager and the Human Resources Manager the need for an acting appointment and any recommended employee(s) to serve in the appointment.
3. To be eligible for an acting appointment, the employee must possess the minimum qualifications of the higher classification.
4. The employee assigned to perform the duties of a higher classification, shall not ARTICLE IV PROBATION, PROMOTION & TRANSFER Page 12
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serve for more than 90 working days in a higher classification that is vacant without the position becoming subject to the announcement and selection process set forth in Article III. However, the City may extend the time for the acting assignment up to six months if circumstances warrant, but not to exceed 960 hours within a fiscal year.
City employees serving in an acting capacity are not eligible for salary increases in the acting classification.
5. If the person is subsequently promoted from acting capacity into the same position in a regular capacity, the City may credit the employee the period of time of service in the acting capacity towards the required period of probation for the regular appointment. Such employee shall establish a new anniversary date retroactive to the beginning of the acting period.
SECTION 2. PROMOTION
A. Consistent with the best interest of the competitive service, and as determined by the City Manager, all vacancies in the competitive service may be filled by promotion from within the competitive service, after a promotional test has been administered and a promotional list established in accordance with the procedure set out in Article III, Section 3 for eligible lists.
B. If, in the opinion of the City Manager, a vacancy should be filled by an open, competitive examination instead of a closed promotional examination, the City Manager or their designee may arrange an open competitive examination in order to establish an eligible list.
C. On accepting a promotion, an employee serves a new probationary period of six (6) months of actual and continuous service, unless otherwise provided in an MOU. Periods of time on paid or unpaid leave of one (1) work week or more shall automatically extend the probationary period by the number of days the employee is on leave. An employee does not acquire regular status in the promotional position until the successful completion of this probationary period
D. If an employee who has been promoted from within the competitive service fails to satisfactorily complete the probationary period in the promotional position, the employee shall be reinstated to a position in the classification from which they were promoted at the range and step held prior to promotion subject to the following conditions: (1) the former position or a similar position in the same classification is currently available, and (2) the rejection from probation is not due to the employee’s violation of any personnel policy or any other applicable law or regulation. If there is a vacancy and the employee would otherwise be eligible, the employee shall be assigned to a vacant position which is nearest the employee’s prior pay range. The employee is not entitled to notice, hearing, or appeal if rejected during probation.
SECTION 3. VOLUNTARY AND INVOLUNTARY TRANSFER
A. Conditions for Voluntary Transfer
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1. An employee may request a transfer to another position in the same or lower classification for which the employee is qualified in the opinion of the City Manager or their designee by submitting a written request to transfer to the City Manager.
The request will be kept on file for one (1) year from the date of receipt. If the transfer involves a change of supervisor, both the prior and future supervisor must approve the transfer unless the City Manager orders the transfer for purposes of economy or efficiency. No employee shall be transferred to a position for which they lack the minimum qualifications required for the position.
B. Effect of Transfer
1. There shall be no change in an employee’s step advancement date upon transfer.
2. An employee who is transferred does not serve a new probationary period unless the transfer is at the employee’s request and the City Manager specifically requires a new probationary period.
3. Transfer shall not be used to effectuate a promotion, demotion, advancement or reduction, each of which may be accomplished only according to the procedures set out in these personnel rules.
C. Involuntary Non-Disciplinary Transfer
1. The City Manager may involuntarily transfer an employee at any time for purposes of safety, supervision, efficiency or morale. Whenever possible, an employee being transferred from one position to another position in the same class, or in a comparable class at the same salary level, will receive five (5) working days’ notice. If the transfer requires the employee to move equipment from one location to another, the employee will receive seven (7) working days’ notice.
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demoted under the terms of this paragraph will be paid at the rate of pay for the lower position.
5. Transfer. A department head may transfer an employee facing layoff to a vacant authorized position if the department head determines that the employee is qualified for and capable of performing the duties of the vacant position, subject to the following provisions:
a. An employee who is transferred will be paid at the rate of the position to which they are transferred.
b. An employee given the option to transfer will be given a Notice of Transfer from the department head of the employee’s current department. Any employee who does not accept transfer within five (5) working days after a Notice of Transfer is given to the employee by the department head will automatically forfeit the option to transfer.
c. If transfer involves movement from one department to another, both department heads must approve the transfer unless the City Manager orders transfer for purposes of economy or efficiency.
SECTION 2. RE-EMPLOYMENT AND REINSTATEMENT
A. Re-Employment
1. Any regular employee who has been dismissed because of layoff or who has exhausted all leave time and is medically able to return to work, shall be eligible for re-employment to an existing vacant position in the same classification.
2. The employee’s name will be placed on a special re-employment list categorized by classification and, within each class, in order of total cumulative time served in probationary and regular employee status from highest to lowest. As a vacancy within the classification occurs, the City Manager will select an employee from the top of the list. An employee who is selected from the list to fill the vacancy, who refuses the assignment as described in Article III, Section 4, subdivision C.2, will be removed from the list without right of appeal. Names shall remain on the list for one (1) year unless the employee has been reemployed or has requested, in writing, that their name be taken off the list.
3. Upon re-employment, an employee shall have the following benefits restored: (a) accrued annual leave if not previously compensated, (b) seniority for vacation, (c) length of service for order of layoff, (d) return to the same salary range and step held at the time of layoff or leave-time exhaustion, and (e) regular status.
4. Employees who are demoted as a result of layoff will have their names placed in a classification re-employment list, in order of their classification and total cumulative time served. Vacant positions within a classification series will first be offered to employees on this list.
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B. Reinstatement
1. An employee who has left the competitive service by means of resignation, and has complied with the resignation procedures described in these personnel rules, or has otherwise been separated while in good standing, can apply for reinstatement within eighteen (18) months by means of a written request to the City Manager.
2. The written request must contain a complete statement regarding the reasons for leaving City employment, the type of work the former employee has been doing since the resignation and the former employee’s intentions for staying in City employ if reinstated.
3. If, in the City Manager’s discretion, the facts warrant reinstatement, the applicant can be re-employed in the same job class as occupied upon resignation, but at a wage step no higher than that held upon resignation. The reinstated employee will have no other accrued rights, privileges, or benefits. The reinstated employee shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The reinstated employee will serve a new probationary period.
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4. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.
5. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, and City-sponsored training and other programs will be administered without regard to race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, or any other basis protected by law.
6. All job announcements and recruitment publications shall include the phrase “CITY OF LAKEPORT IS AN EQUAL OPPORTUNITY EMPLOYER.”
7. Applications will be screened only with respect to factors which are related to job requirements.
8. For technical, vocational and clerical jobs where a written test is used in the selection process, a pre-test orientation to assist applicants in understanding the testing procedure will be available to applicants who request it.
9. All elements of the examination will be directly related to actual job duties and requirements.
10. No person shall be excluded on the basis of a protected status from representation on any oral review board. Oral review board members will be instructed on this Policy with regard to equal employment opportunity.
11. Immediate and direct disciplinary action up to and including termination will be taken against any employee if it is found that they have practiced employment discrimination.
12. Examinations will be validated with generally accepted validation techniques. All selection devices shall be administered fairly to all applicants and/or candidates.
13. Classification specifications will clearly define the duties of the job, and employment standards will be realistically related to duties and skills required. 14 City personnel procedures shall not involve utilization of any organization that prohibits employment because of race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation, genetic information, or any other basis protected by law or any other factor unrelated to job performance. 15 This policy and federal and state notices of Equal Employment Opportunity will be posted throughout the workplace.
16. This policy and discussion of equal employment opportunity shall be a part of new employee orientation.
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17. SECTION 3. INVESTIGATION AND CORRECTIVE ACTION
A. Investigation and any corrective action, if necessary, shall be made pursuant to the procedures set out in the City’s Harassment Policy, set out in Article IX of these Personnel Rules.
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hours at any given time, unless otherwise provided in an MOU. Employees shall have an annual CTO accrual cap of 100 hours, unless specified differently in an applicable MOU. Once the CTO accrual cap is reached, an employee who works overtime shall be compensated for the overtime worked in accordance with these Personnel Rules or the applicable MOU.
C. Employee Requests to Use CTO
1. The City will grant an employee’s request to use accumulated CTO provided that the department can accommodate the use of CTO on the day requested. If the Department Head cannot accommodate the time off request, the effected employee may cash out the CTO time at the end of the current pay period.
D. City Cash Out
1. The City reserves the right to cash out accumulated CTO at any time.
E. Employee Cash Out
1. During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three (3) years, whichever is higher.
F. MOU CTO
1. “MOU CTO” is CTO that is earned on a daily basis as may be permitted by a memorandum of understanding. MOU CTO is subject to the CTO procedures listed in that MOU. MOU CTO will be accounted for in an accrual separate from the FLSA-CTO described above.
SECTION 4. PROHIBITED SALARY DEDUCTIONS
A. Prohibited Deductions for FLSA-exempt Employee
1. Notwithstanding any other provision in these Policies, the City will not reduce the pay of any FLSA-exempt employee except that pay reductions can be made for any of the following reasons:
a. Disciplinary penalty other than a major safety violation. b. Any work week in which an employee performs no work. c. Disciplinary penalties in one day increments for violation of workplace conduct rules.
d. Temporary military leave.
e. Full day increments of sick or vacation leaves.
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B. Complaint Procedure
1. An FLSA-exempt employee who believes their salary has been subject to a prohibited deduction should notify the City Attorney or Human Resources who will investigate the matter as necessary.
2. If the investigation reveals an improper salary reduction, the City will reimburse the employee for the improper reduction.
3. The City will make a good faith commitment to avoid improper reductions.
3. THE CITY WILL MAKE A GOOD FAITH COMMITMENT TO AVOID
IMPROPER REDUCTIONS.SECTION 5. DIRECT DEPOSIT
A. The City will provide direct deposit of employee’s paychecks to banks, provided the City can provide such service at a reasonable cost.
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B. Immediate Family Defined
1. Child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
2. Parent (biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
3. Spouse or registered domestic partner.
4. Grandparent.
5. Grandchild.
6. Sibling.
7. Designated person (i.e., a person identified by the employee at the time the employee requests paid sick days). The employee is limited to one designated person per 12- month period.An employee’s immediate family shall consist of the employee’s:
spouse; domestic partner; children; step-children; or the mother, father, brother, sister or grandchildren of the employee, spouse, domestic partner or other members of the employee’s family residing in the employee’s home; or other members of the employee’s family primarily dependent upon the employee.
C. Sick Leave Use
1. An employee may be granted sick leave only in case of actual sickness as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
2. In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within one (1) hour after the time established as the beginning of the employee’s work day, unless the City determines that the employee’s duties require more restrictive reporting. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay.
3. If the employee is absent on sick leave for more than one (1) day, the employee will keep the immediate supervisor informed as to the date the employee expects to return to work.
4. Sick leave will not be granted to any employee absent from duty after separation from City service, or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.
5. Sick leave will not be granted to any employee to permit an extension of the employee’s vacation except in cases of actual sickness that may be required to be documented if so requested by the City.
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6. The City may require a physician’s certification at any time regarding the sickness or injury of the employee or employee’s immediate family member and the date of the employee’s intended return to work.
7. Employees will not be permitted to use vacation in lieu of sick leave unless approved by the department head.
8. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.
D. Sick Leave Accrual
1. Full-Time Employees
a. Unless otherwise stated in an MOU, Ffor each Full-Time employee, Sick Leave shall be earned and accrued beginning upon the completion of the first full month of employment and thereafter at the end of each calendar month of employment at the rate of 8 hours of sick leave.
cbFull time regular and probationary employees shall accrue one (1) work day of sick leave, for each calendar month of service spent as a City employee. Part time employees shall accrue sick time on a pro-rata basis. Such accrual shall take place on a monthly basis. No accrual shall take place for any period in which the employee is in a non paid status. Temporary hourly employees are eligible for one hour of sick leave for every 30 hours worked, after 30 days of employment, up to a maximum of 24 hours within a calendar year.
f2. Sick leave will be accrued as provided above and upon separation from City service paid out in accordance with the applicable MOU. ga. Sick leave granted by the City and used by an employee shall be deducted from the employee’s accrued sick leave balance. Sick leave must be actually accrued prior to it being available for use by an employee b. Employees who are granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as provided herein.
F. Absenteeism
1. An employee shall be subject to disciplinary action for absenteeism when the employee does not meet the requirements of sick leave as defined in Section 4.A.1.
Absenteeism will be considered in establishing the performance rating.
G Return to Work
1. Regular employees who are unable to perform the essential functions of their positionas a result of a physical or psychological illness or injury shall participate in one or more interactive process meetings with Human Resources in order to determine whether a reasonable accommodation may be available to allow the ARTICLE VIII LEAVES OF ABSENCE Page 26
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employee to perform all essential functions of their position. Should the outcome of the interactive process meeting(s) fail to result in the identification and implementation of a reasonable accommodation to allow the employee to be returned to work to perform the essential functions of their position, the City may:
a. Separate the employee from employment for inability to perform the essential functions of their position with or without a reasonable accommodation. A separation from employment on this basis is not disciplinary in nature and is not subject to appeal; or, b. Initiate a disability retirement under the Public Employees Retirement System.
2. An employee who is unable to perform the essential functions of their position with or without a reasonable accommodation may be placed on a rehire list for a period not to exceed eighteen (18) months. Any employee returning to work pursuant to this section shall provide verification from a health care provider of their ability to return to work and perform the essential functions of their position, with or without accommodation.
a. If during the period in which the employee is on the rehire list, the employee is physically and/or psychologically able to resume the duties of their previous position and there is a vacant position in the employee’s classification, the employee will be entitled to return to that position with all the rights, benefits, and responsibilities of a regular employee. However, an employee on a rehire list shall not accrue seniority. Thus, the employee will return to work with the same amount of seniority held prior to being placed on the rehire list.
b. Placement on the rehire list does not preclude an employee from applying for a disability retirement.
SECTION 5. FAMILY AND MEDICAL LEAVE
A. Statement of Policy
1. To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (“FMLA”), and the regulations of the California Family Rights Act (“CFRA”). Unless otherwise provided by this article, “Leave” under this Article shall mean leave pursuant to the FMLA and CFRA.
B. Definitions
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1. 12-Month Period means a rolling twelve (12)-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
2. Child means a child under the age of eighteen (18) years of age, or eighteen (18) years of age or older who is incapable of self care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis (in place of a parent).
A child is “incapable of self care” if they require active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
3. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents-in-law.
4. Spouse means a party to a marriage as defined or recognized in California Family Code section 300 et seq.
5. Domestic Partner means an individual as defined in California Family Code section 297 et seq.
6. Designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The employee may identify the designated person at the time they request leave from work. Employee may designate only one designated person per 12-month period.
7. Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:
a. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or
b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
i. A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:
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(e.g., a physical therapist) under orders of, or on referral by a health care provider; or
2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3. Any period of incapacity due to pregnancy or for prenatal care.
(Note: This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.)
ii. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
4. A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.
5. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of ARTICLE VIII LEAVES OF ABSENCE Page 29
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incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
7. Health Care Provider means:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
d. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
C. Reasons for Leave
Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with the adoption or foster care of a child;
3. To care for a child, adult child who is incapable of self-care, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.
Leave to care for a registered domestic partner, adult child who is incapable of selfcare, grandparent, grandchild, or sibling under this subsection is only recognized under CFRA.
4. To bond with a new child within one year of the child’s birth, adoption, or foster care placement.
5. Because of a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
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6. 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.
7. Leave because of a serious health condition that makes the employee unable to perform the functions of their position.
D. Employees Eligible for Leave
An employee is eligible for leave if the employee:
1. Has been employed for at least twelve (12) months; and
2. Has been employed for at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period immediately preceding the commencement of the leave.
3. City may designate appropriate protected leave for an eligible employee.
E. Amount of Leave
Eligible employees are entitled to a total of twelve (12) workweeks of leave during any twelve (12)-month period. FMLA and CFRA leave shall be taken concurrently, unless the reason for leave qualifies for leave under only one of FMLA and CFRA. In such case, the employee shall be entitled to up to twelve (12) workweeks of leave under the law which grants such leave, and shall not exhaust leave under the law that does not grant such leave.
1. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks.
If leave is requested to care for a child, parent, spouse or the employee themselves with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with.
2. Bonding Leave for Spouses or Domestic Partners Both Employed by the City In any case in which both spouses or domestic partners are employed by the City and are entitled to leave, each eligible employee may be entitled to up to twelve (12) workweeks during any twelve (12)-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave).
F. Employee Benefits While On Leave
1. Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City’s group health insurance to the same extent that coverage is provided while the employee is on the job. 2. Employees may make the appropriate ARTICLE VIII LEAVES OF ABSENCE Page 31
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contributions for continued coverage under the preceding non-health benefit plans by payroll deductions or direct payments made to these plans. Depending on the particular plan, the City will inform the employee whether the premiums should be paid to the carrier or to the City. Coverage on a particular plan may be dropped if an employee is more than thirty (30) days late in making a premium payment. However, the employee will receive notice at least fifteen (15) days before coverage is to cease, advising that they will be dropped if the premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.
3. If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.), subject to compliance with applicable state law.
G. Substitution of Paid Accrued Leaves and Compensation While on Leave While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or CFRA leave, and may also require an employee to use Family and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
1. Employee’s Right to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation, or compensatory time, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy.
2. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
a. The leave is for the employee’s own serious health condition; or b. The leave is needed to care for a parent, spouse, domestic partner, or child with a serious health condition, and would be permitted as sick leave under the City’s sick leave policy.
3. The City’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave
Employees must exhaust their accrued vacation, administrative and sick leaves concurrently with FMLA/CFRA leave with two exceptions:
a. Peace Officers on leave pursuant to California Labor Code section 4850.
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b. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition.
4. The City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves
If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the City may designate that non-FMLA/CFRA leave as running concurrently with the employee’s 12-week FMLA/CFRA leave entitlement. The only exception is for Peace Officers who are on leave pursuant to California Labor Code section 4850.
5. The City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning Either the FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA-qualifying, the City may require the employee to exhaust accrued leave as described above.
6. Eligible employees are entitled to be paid SDI benefits. The employee is solely responsible to apply for this compensation for the State Employment Development Department (EDD) The City has no obligation to ensure that employees receive SDI payments.
7. For leaves qualifying for State Disability Insurance or Paid Family Leave, the City will allow a coordination of leave benefits with SDI.. Coordination of benefits only applies to paid leave that is available in an employee’s sick, vacation, or CTO bank and is subject to rules of SDI.
H. Medical Certification
Employees who request leave for their own serious health condition or to care for a child, parent, spouse, or domestic partner who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City.
If the leave is requested because of the employee’s own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of their position.
1. Time to Provide a Certification
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When an employee’s leave is foreseeable and at least 30 days’ notice has been provided, if a medical certification is requested, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least fifteen (15) calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
2. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided.
3. Recertification
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City.
4. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule due to a serious health condition or to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.
I. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform their supervisor and Human Resources as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee’s notice is inadequate, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.
J. Reinstatement upon Return from Leave
1. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other ARTICLE VIII LEAVES OF ABSENCE Page 34
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conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two (2) business days, where feasible, after the employee notifies the employer of their readiness to return.
2. Employee's Obligation to Periodically Report on Their Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
3. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work.
Failure to provide such certification will result in denial of reinstatement.
4. Reinstatement of “Key Employees”
The City may deny reinstatement to a key employee (i.e., an employee who is among the highest paid ten (10) percent of all employed by the City within seventy-five (75) miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City intent to deny reinstatement on such basis at the time the employer determines that such injury would occur.
K. Required Forms
Employees must fill out the following applicable forms in connection with leave under this policy:
1. “Request for Family or Medical Leave Form” prepared by the City to be eligible for leave. NOTE: EMPLOYEES WILL RECEIVE A CITY RESPONSE TO
THE REQUEST WHICH WILL SET FORTH CERTAIN CONDITIONS
OF THE LEAVE;
2. Medical certification either for the employee’s own serious health condition or for the serious health condition of a child, parent or spouse;
3. Authorization for payroll deductions for benefit plan coverage continuation; and
4. Fitness-for-duty to return from leave form.
L. Pregnancy Disability Leave
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1. A pregnant employee who is disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to a leave of absence without pay for up to four (4) months. Pregnancy disability leaves (“PDL”) are without pay. However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid time off during the leave. For employees who are also eligible for FLMA/CFRA leave, PDL is not counted as time used for CFRA leave, but runs concurrently with available FMLA leave.
2. An employee is “disabled by pregnancy” if, in the opinion of their health care provider, they are unable because of pregnancy to perform any one or more of the essential functions of their job or to perform any of these functions without undue risk to themselves, to their pregnancy’s successful completion, or to other persons.
Examples of disability due to pregnancy, childbirth, or a related medical condition may include, but are not limited to: severe morning sickness; prenatal or postnatal care; the need for bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; post-partum depression; loss or end of pregnancy; and recovery from loss or end of pregnancy.
3. Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee’s supervisor or department head before the leave begins.
The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth, or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work.
4. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department head prior to being taken. Requests for an extension of leave must be submitted in writing to the department head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four (4) months.
5. An employee on PDL may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12-week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following PDL.
6. An employee on PDL who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City.
7. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid PDL.
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8. Upon expiration of the approved leave, the employee shall be reinstated to their former position or to a comparable one if the former position was eliminated for a legitimate business reason during the leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, geographic location, job content, status, and promotional opportunities. Prior to the employee being reinstated, the department head shall require a statement from the health care provider that the employee is physically capable of resuming the regular duties of her position.
9. After the employee’s pregnancy disability ends, the employee may be eligible for CFRA leave, in accordance with the Family and Medical Leave policy, to care for a newborn. The City may require that the employee provide a medical certification indicating when the pregnancy disability ended. In addition, an employee may request leave without pay to care for the newborn. Such requests may be granted within the discretion of the City Manager or their designee in consultation with the department head.
10. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights.
SECTION 6. PAID FAMILY LEAVE
A. Eligibility
Employees who are covered by State Disability Insurance (“SDI”) are eligible for Family Temporary Disability Insurance (“FTDI”) benefits while taking care of family member(s).
The City does not pay into SDI. These benefits are paid by the State Employment Development Department. There is no requirement that the employee have worked for the City any particular length of time before being entitled to this leave. However, no employee can receive more FTDI benefits than they earned in wages during the base period for calculating benefits. Employees are not eligible if they are receiving SDI, workers’ compensation, or private insurance payments in lieu of such payments.
Employees are eligible for this leave under the following circumstances:
a. For the birth and care of a newborn child, or the placement and initial care of an adopted or foster care child, or
b. To care for an employee’s spouse, child, parent or domestic partner with a serious health condition. However, an employee is not eligible to receive FTDI benefits for any day that another family member is able and available to provide care during for the same period of time that the employee is providing care. c. Participate in a qualifying event because of a family member’s military deployment.
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Definitions of all applicable terms will be in accordance with state law relating to Family Temporary Disability Insurance (California Unemployment Insurance Code section 3300 et seq.).
B. Request for Leave
Requests for paid family leave must be approved in advance by the employee’s supervisor and the Human Resources Manager. Since the need for the family leave is included within the need for Family Care and Medical Leave, the same procedures for making requests for Family Care and Medical Leave and scheduling of leave shall apply to requests for Paid Family Leave. As with Family Care and Medical Leave, the employee must submit medical certification to the City to justify the request for such leave.
C. Duration of Paid Family Leave
According to law, employees are entitled to a maximum of six (6) weeks paid family leave in a twelve (12) month period. Such leave runs concurrently with Family and Medical Leave.
An employee is not entitled to more than a maximum of twelve (12) weeks leave in a twelve (12) month period to care for a family member.
D. Compensation During Leave
According to law, eligible employees are entitled to be paid FTDI benefits while on family leave. Payment for these benefits is funded through employee contributions to SDI. The employee is solely responsible to apply for this compensation from the State Employment Development Department (EDD). The City has no obligation to ensure that employees receive FTDI payments.
E. Integration of Benefits
If an employee is on Paid Family Leave and is receiving FTDI benefits, the employee may continue to receive full pay by requesting that the maximum weekly FTDI benefits be supplemented by the use of accrued paid leave benefits. Under this option, the employee would tender their FTDI payments to the City and the City would then continue to issue paychecks and deduct the value difference between the FTDI payments and the employee’s regular pay from the employee’s sick leave allotment.
F. Waiting Period and Use of Vacation
The law requires that there be a seven (7) day “waiting period” before an employee on family leave may begin receiving FTDI payments.
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For leaves qualifying for State Disability Insurance or Paid Family Leave, the City will allow a coordination of leave benefits with SDI for members of the Lakeport Employees’ Association and Lakeport Police Officers Association. Coordination of benefits only applies to paid leave that is available in an employee’s sick, vacation, or CTO bank and is subject to rules of SDI.
SECTION 7. BEREAVEMENT LEAVE
A. Unless otherwise stated in an MOU, Aan employee shall receive bereavement leave of five (5) unpaid days due to the death of their parent, stepparent, mother‐in‐law, fatherparent‐in‐ law, spouse, child, stepchild, adopted child, son‐in‐law, daughterchild‐in‐law, grandchild, grandparent, sister, brothersibling, sister in law, brothersibling‐in‐law, aunt, uncle, niece, nephew, grandfather in law, grandmothergrandparent‐in‐law, or the death of any person residing in the immediate household of the employee at the time of death.
B. Bereavement leave is not subject to accrual and the leave allowed pursuant to this provision must be used for any single incident of bereavement within seven (7) days of the time the employee first takes bereavement leave for said incident.
C. Said bereavement leave is separate and shall not be credited against other forms of leave.
The employee shall use bereavement leave before they make use of accrued sick time.
D. The City has the right to request documentation of the death upon a request for bereavement leave. in which case, the employee must provide documentation within 30 days of the first day of leave.
SECTION 8. REPRODUCTIVE LOSS LEAVE
A. An eligible employee who experiences a reproductive loss event may take up to 5 unpaid days off. If the employee experiences more than one reproductive loss event within a 12- month period, they are entitled to no more than 20 days total reproductive loss leave within a 12-month period. The leave time need not be taken in consecutive days. The reproductive loss leave must be completed within three months of the reproductive loss event, unless the employee is using other leave time.
B. An employee is eligible for this leave after having been employed by the employer for at least 30 days prior to the commencement of the leave.
C. If, prior to or immediately following a reproductive loss event, the employee is on or chooses to go on leave from work pursuant to any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three months of the end date of the other leave.
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D. The employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee in-lieu of the unpaid reproductive loss leave.
E. Definitions
1. “Reproductive loss event”: the day (or for a multiple-day event, the final day) of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. These events apply to a person who would have been a parent if not for the reproductive loss event, including a spouse or domestic partner.
2. “Failed adoption”: the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party.
3. “Failed surrogacy”: the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate.
4. “Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, such as artificial insemination, embryo transfer, and gamete and embryo donation.
SECTION 98. HOLIDAY LEAVE
A. Each employee shall be entitled to the following holidays with pay:
New Year’s Day
Martin Luther King Junior Day
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day and Day after Thanksgiving
Christmas Eve Day and Christmas Day
New Years Eve
If any of these holidays falls on a Sunday, the Monday following shall be treated as the holiday. If the holiday falls on a Saturday, the Friday preceding shall be treated as the holiday. For employees working an alternate 9/80 schedule, a holiday which falls on the “off” Friday shall be designated on the immediately preceding Thursday.
For personnel working these holidays, or if the holiday falls on an employee’s regular day off, the employee shall be paid one day’s compensation or provided compensatory time off for the holiday.
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An employee must have been employed by the City on the day preceding and the day following a holiday to qualify for holiday pay. For the purposes of this paragraph, an employee who is absent on authorized vacation with pay or on accrued sick leave shall be deemed to be employed at such time.
SECTION 109. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible regular employee to return to their work mentally and physically refreshed. All employees are entitled to take annual vacation leave with pay as follows:
1. Employees with zero (0) through four (4) of service shall accrue vacation leave on a monthly basis at the equivalent rate of eighty (80) hours of vacation for each full calendar year of service.
2. Probationary employees may be approved to use vacation time at the discretion of the department head.
3. Employees with five (5) through ten (10) years of service shall accrue vacation on a monthly basis leave at the equivalent rate of one hundred and twenty (120) hours of vacation for each full calendar year of service.
4. Employees with eleven (11) through twenty (20) or more years of service shall accrue vacation leave on a monthly basis at the equivalent rate of one hundred and sixty (160) hours of vacation for each full calendar year of service.
5. After twenty (20) years of service employees will accrue one (1) vacation day for each year of additional service up to the maximum vacation time equal to two hundred (200) hours of vacation for each full calendar year of service.
B. The department head shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and operational needs of the department. Vacation may be taken in less than one (1) day increments upon approval from the department head.
C. Based upon operational needs or employee preference, the use of vacation leave earned in a given year may be deferred to the following year. However, at no time may an employee have a total balance of vacation days in excess of two (2) times their current annual accrual rate. When the employee reaches the maximum accrual they shall cease earning vacation leave until the balance falls below the maximum accrual.
D. Where a paid holiday falls during the period of an employee’s vacation leave, that day shall not be charged against the employee’s vacation accrual.
E. Where an the employee’s or the employee’s family member’s illness or injury necessitates hospitalization use of an employee’s sick leave during their vacation leave, the days of hospitalization sick leave usage shall not be charged against the employee’s vacation accrual if either of the following conditions are met:
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1. The employee complies with the same notice requirements in Rule VII.D. (Sick Leave) as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the employee becomes ill after the start of the work shift, then the employee must promptly provide notice on the same day the illness begins. Sick leave shall only be granted for those days on which notice is given pursuant to this Rule; or
2. The employee, upon return to work, submits a doctor’s certificate for each day the employee was absent from workintends to use sick leave rather than planned vacation leave.
E. Vacation leave shall not accrue during leaves of absence without pay unless required by law (e.g., military leave).
F.
SECTION 110. LEAVE WITHOUT PAY
A. All leave requested under this policy must, whenever possible, be requested in a manner that provides the City with reasonable notice of the employee’s requested absence. Regular and probationary employees are eligible for unpaid leave under this policy. An employee shall not be entitled to a leave of absence without pay as a matter of right.
B. Leave without pay for one (1) calendar week may be granted by the employee’s department head and must be requested in writing. The employee’s request must contain the reason for the requested leave and the date the employee desires to begin the leave, and the probable date the employee will return to work. The employee will receive a written response to the request.
C. Leave without pay for more than one (1) calendar week and up to three (3) months may be granted at the discretion of City Manager. The employee’s request must contain the reason for the requested leave and the date the employee desires to begin the leave, and the probable date the employee will return to work. The employee will receive a written response to the request from the City Manager or their designee.
D. Upon expiration of the designated leave, or within a reasonable period of time after the employee provides notice to the City of their return to duty, the employee shall be reinstated to the position they held at the time the leave was granted, or to a comparable one if the former position was eliminated for a legitimate business reason during the leave and the employee would otherwise not have been laid off. A comparable position is one having similar terms of pay, geographic location, job content, status and promotional opportunities.
E. An employee’s failure to return to work at the expiration of the designated leave, or upon notice to the City of their return to duty, may be cause for termination unless the employee has contacted the City in writing to request additional leave, and the leave has been granted, or the employee has been notified by the City Manager or their designee that the request is under consideration.
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F. Leave of absence without pay shall not be construed as a break in service or employment, and rights accrued at the time the leave is granted shall be retained by the employee; however, vacation credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person granted such leave during the period of absence. Nor is the City required to maintain contributions toward group insurance or retirement coverage. During the period of such leaves, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
Group insurance may be kept in force at the employees sole expense provided the Group plan allows for same.
SECTION 121. ADMINISTRATIVE LEAVE
A. The City has the right to place an employee on leave at any time for non-disciplinary reasons with full pay. An employee may be placed on administrative leave pending investigation of misconduct, potential disciplinary action, or other reasons that the City Manager or designee, in their discretion to protect the safety of the employee or others, believes warrant such leave. The employee has no right to appeal their placement on administrative leave.
Holidays which fall within an employee’s administrative leave with pay shall be charged as “holiday” time; an employee on administrative leave with pay shall not be paid for “working” the holiday.
SECTION 132. JURY DUTY
A. An employee who is summoned to serve on a jury must notify their supervisor or department head as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required on such jury.
The time spent on jury duty is not work time for purposes of calculating overtime compensation but the employee’s regular salary shall be paid for each day or portion that the employee is required to serve.
SECTION 143. SUBPOENA
A. An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which they perceived or investigated in the course of their City job duties will do so without loss of compensation. The time spent will be considered work time.
B. An employee who is subpoenaed to appear in court in a matter unrelated to their City job duties or because of a civil or administrative proceedings that they initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use accrued vacation for time spent related to those proceedings. The time spent in these proceedings is not considered work time.
SECTION 154. MILITARY LEAVE
A. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the department head, whenever possible, with a copy of the military orders specifying the dates, site, and purpose of the ARTICLE VIII LEAVES OF ABSENCE Page 43
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activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. Benefits shall continue to accrue to the employee to the extent required by law. Employees on military leave shall be granted reinstatement and promotional opportunities after return from military leave, in accordance with applicable law.
SECTION 165. TIME OFF TO VOTE
A. If an employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may take up to two hours off without loss of pay at the beginning or end of the day. Prior approval for this time off by the employee’s supervisor is required.
SECTION 176. SCHOOL RELATED LEAVE
A. Any City employee who is a parent, guardian, or grandparent having custody of one (1) or more children in kindergarten or grades one (1) through twelve (12) or attending a licensed day care facility shall be allowed up to forty (40) hours each school year, not to exceed eight (8) hours in any calendar month of the school year, without pay, to participate in activities of the school of their child. Such employee must provide reasonable advance notice of the planned absence. The employee may be required to use vacation and/or compensating time off to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school activities on a specific date and at a particular time. If both parents, guardians, or grandparents having custody work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.
SECTION 189. TIME OFF FOR VICTIMS OF VIOLENT CRIMES OR DOMESTIC ABUSE A. An employee may take time off to:
1. Obtain or attempt to obtain any relief for the employee, if the employee is a victim.
2. Appear in court to comply with a subpoena or other court order as a witness in a judicial proceeding.
3. Obtain or attempt to obtain any relief for the employee’s family member.
4. Participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
5. Relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
6. Provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
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7. Prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
8. Seek, obtain, or provide childcare or care to a care-dependent adult if the child / dependent care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
9. Seek, obtain, or assist a family member to seek or obtain a. medical attention for or to recover from injuries caused by a qualifying act of violence
b. services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence
c. psychological counseling or mental health services related to an experience of a qualifying act of violence
d. civil or criminal legal services in relation to the qualifying act of violence.
B. Definitions
1. “Relief” includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or the family member of the victim.
2. “Family member” means: the child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or designated person of the employee, as those terms are defined in Government Code Section 12945.2. The employee is limited to one designated person per 12-month period for leave.
3. “Qualifying act of violence” means:
a. Domestic violence.
b. Sexual assault.
c. Stalking.
d. An act, conduct, or pattern of conduct in which:
i. an individual causes bodily injury or death to another individual ii. an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual
iii. an individual uses—or makes a reasonably perceived or actual threat to use—force against another individual to cause physical injury or death.
4. “Victim” means either of the following:
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a. An individual against whom a qualifying act of violence is committed. b. Where the employee is taking time off to appear in court to comply with a subpoena or other court order as a witness in a judicial proceeding, a person against whom any crime has been committed.
C. The employee must give the City reasonable advance notice of the employee’s intention to take time off for the above purposes, unless the advance notice is not feasible. If the employee takes an unscheduled absence for the above purposes, the employee must provide a certification upon the City’s request. The certification shall be as defined in Government Code Section 12945.8, subd. (c)(2).
D. Employees may use any accrued vacation, personal leave, paid sick leave, or compensatory time off for any of the qualifying purposes above. Additionally, employees may take unpaid leave for any of the qualifying purposes above.
E. Unpaid leave taken for the purpose of this Section shall be limited in the following ways:
1. Total leave time taken may not exceed 12 weeks.
2. Leave time taken runs concurrently with leave taken pursuant to FMLA and CFRA leave, if the employee would have been eligible for that leave.
3. Where the employee takes leave to relocate or engage in the process of securing a new residence due to a qualifying act of violence, the employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, leave time taken may not exceed 5 days.
4. Where the employee’s family member is a victim who is not deceased as a result of crime and the employee is not a victim, leave time taken may not exceed 10 days.
A. An employee who has been a victim of a violent crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults.
1. An affected employee must give the City reasonable notice that they are required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses accrued time off.
B. An employee who is a victim of a crime (as defined in California Labor Code section 230.2), an immediate family member of a victim (as defined in California Labor Code section 230.2), a registered domestic partner of a victim, or the child of a registered domestic partner of a victim may take time off work to attend judicial proceedings related to that crime.
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1. An affected employee must give the City a copy of the notice of each scheduled proceeding, unless advance notice is not feasible. When advance notice is not feasible the employee must, within a reasonable time after the absence, provide the employer with documentation evidencing the judicial proceeding. Leave under this section is unpaid unless the employee uses accrued time off.
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The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the applicant, employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing.
SECTION 2. POLICY AND COMPLAINT PROCEDURE AGAINST HARASSMENT,
DISCRIMINATION AND RETALIATION
A. Purpose
The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The employer encourages all covered individuals to report—as soon as possible—any conduct that is believed to violate this Policy.
B. Policy
The employer has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an applicant or employee by a supervisor, management employee, co-worker, or contractor on the basis of race, religion, sex (including gender and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics, uniformed service member status, marital status, age, or sexual orientation (including homosexuality, bisexuality, or heterosexuality), or reproductive health decision-making will not be tolerated. This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training. Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below. Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
C. Definition
1. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), gender identity, gender expression, national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or mental disability, and reproductive health decisionmaking—including (1) any combination ARTICLE IX EMPLOYEE CONDUCT Page 49
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of those characteristics; (2) a perception that the person has any of those characteristics or any combination of those characteristics; and (3) a perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics.
2. Policy Coverage:
This Policy prohibits employer officials, officers, employees, members of the public or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because:
a. of an individual’s protected classification;
b. of the perception than an individual has a protected classification; or c. the individual associates with a person who has or is perceived to have a protected classification.
3. Discrimination:
This policy prohibits denying an employment benefit to an individual because of the individual’s protected classification as defined in this policy.
4. Harassment may include, but is not limited to, the following types of behavior that is taken because of an individual’s protected classification. Note that harassment is not limited to conduct that City’s employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.
Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
Visual insults, such as derogatory posters, cartoons, or drawings related to a protected classification.
Unwanted sexual advances, such as requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
5. Guidelines for Identifying Harassment:
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To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
a. Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
b. It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may refuse to protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
c. Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. d. Even visual, verbal, and/or physical conduct between two employees who appear to welcome it can constitute harassment of a third applicant, officer, official, employee, member of the public or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual. e. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
f. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complainant, shunning and avoiding an individual who reports harassment or discrimination, or making real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation:
those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process.
D. Complaint Procedure
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1. An employee, job applicant, or contractor who believes they have been harassed may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command:
a. Immediate supervisor;
b. Any supervisor or manager within or outside of the department; c. Department head
d. Human Resources Manager; or
e. City Manager.
2. Any supervisor or department head who receives a harassment complaint should notify the City Manager immediately.
3. Upon receiving notification of a harassment complaint, the City Manager or their designee shall:
a. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) other persons who have relevant knowledge concerning the complaint.
b. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
c. Report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. d. If conduct in violation of this Policy occurred, take and/or recommend to the appointing authority prompt and effective remedial action. The action will be commensurate with the severity of the offense.
e. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
f. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
4. The employer takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
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5. Option to Report to Outside Administrative Agencies: An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers.
E. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the City Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
F. Responsibilities
1. Managers and Supervisors are responsible for:
a. Informing employees of this Policy.
b. Modeling appropriate behavior.
c. Taking all steps necessary to prevent harassment, discrimination or retaliation from occurring.
d. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
e. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
f. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
g. Informing those who complain of harassment or discrimination of their option to contact the EEOC or DFEH regarding alleged Policy violations. h. Assisting, advising, or consulting with employees and the City Manager regarding this Policy, and Complaint Procedure.
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appropriate corrective or disciplinary action in accordance with employer Personnel Rules, up to and including discharge.
j. Implementing appropriate disciplinary and remedial actions. k. Reporting potential violations of this Policy of which they become aware, regardless of whether a complaint has been submitted, to the Human Resources Department or the department head.
l. Participating in periodic training and scheduling employees for training.
2. Each employee or contractor is responsible for:
a. Treating all employees and contractors with respect and consideration. b. Modeling appropriate behavior.
c. Participating in periodic training.
d. Fully cooperating with the employer’s investigations by responding fully and truthfully to all questions posed during the investigation. e. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or City Manager. f. Reporting any act they believe in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to their immediate supervisor, or department head, or City Manager.
G. Dissemination Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
SECTION 3. WORKPLACE SECURITY
A. Policy
1. The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace.
The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy will lead to criminal prosecution, and/or disciplinary action, up to and including termination.
B. Prohibited Behavior
1. Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that ARTICLE IX EMPLOYEE CONDUCT Page 54
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references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
2. Employees engaged in City business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry a self-defense weapon shall notify the department head in writing of what type of weapon is being carried. City employees shall not possess the following instruments at a City worksite or on City property or in a City-owned vehicle, including City parking lots, unless there is a work-related purpose and written approval has been obtained from the City Manager:
a. Firearms, regardless of licensing;
b. Explosives, explosive devises, fireworks or ammunition; c. Fixed blade knives;
d. Folding knives with blades over 3.5 inches;
e. Illegal weapons such as defined in Section 12020 of the California Penal Code.
C. Definitions
1. “Threat of violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
21. “Workplace Violence” is any act of violence or threat of violence that occurs in a place of employmentconduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property, not including lawful acts of self-defense or defense of others. Specific examples of workplace violence include, but are not limited to, the following:
a. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property.
b. The destruction, or threat of destruction, of City property or another employee’s property.
c. Harassing or threatening phone calls.
d. Surveillance.
e. Stalking.
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f.
fg. Any conduct relating to violence or threats of violence that adversely affects the City’s legitimate business interests.
g. The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
h. An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
3h. “Weapons” are defined as firearms, chemical sprays, clubs or batons, and knives; and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
D. Incident Reporting Procedures
1. Employees must immediately report workplace violence to their supervisor or department head. The supervisor or department head will report the matter to the City Manager or designeeas prescribed by the City’s Workplace Violence Prevention Plan (“WVPP”).
2. The City Manager or designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
3. The City Manager or designee will take appropriate steps to provide security, such as:
a. Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
b. Asking any threatening or potentially violent person to leave the site; or c. Immediately contacting an appropriate law enforcement agency.
E. Investigation
1. The City Manager or designee will see that reported violations of this policy are investigated as necessaryprocedures for post-incident response and investigation in the City’s WVPP shall be followed.
F. Management Responsibility
Each Department head has authority tomust enforce this policy and the City’s WVPP.by:
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2. Assuring that reports of workplace violence are documented accurately and timely;
3. Notifying the City Manager or designee and/or law enforcement authorities of any incidents;
4. Making all reasonable efforts to maintain a safe and secure workplace; and
5. Maintaining records and follow up actions as to workplace violence reports.
G. Follow-Up Disciplinary Procedures
1. Any employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution SECTION 4. DRUG AND ALCOHOL-FREE WORKPLACE POLICY
A. Policy
1. The manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance is prohibited in both City workplaces and wherever City business is performed.
2. This policy applies to any substance that, in the opinion of competent medical professionals, causes or may cause significant impairment of job performance or which causes or may cause behavior that is a threat to the safety of the affected employee or others. All substances listed in any federal, state or local controlled substance acts or regulations, including, but not limited to, marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, and those substances listed in Schedules I through V of Section 202 of the federal Controlled Substances Act, are covered by this policy. This policy also applies to the use of alcoholic beverages or substances, including any medication or food containing alcohol such that it is present in the body.
3. Pursuant to Government Code section 12954, the City will not subject an employee to an adverse employment action based on a City-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their system, unless the employee is in the building and construction trades or the employee was hired for a position that requires a federal government background investigation or security clearance in accordance with state or federal regulations.
3. An employee must notify their supervisor before beginning work when taking medications or drugs which could interfere with the safe and effective performance of duties or operation of City equipment. If there is a question regarding an employee’s ability to perform assigned duties safely and effectively while using prescribed medications, the City may require medical clearance.
4. Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.
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5. Employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program” are subject to requirements contained in the Department of Transportation Policy Handbook.
B. Scope of Policy
1. This policy applies to all City employees when they are on City property or when performing City-related business elsewhere.
C. Searches
1. In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City and employees. No employee has any expectation of privacy in any City building, property, or communications system except as otherwise provided by law (e.g., under California Government Code section 3309).
D. Drug and Alcohol Testing
Except as provided otherwise in a MOU, or as to employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program,” the City has discretion to test for alcohol or drugs in the following instances:
1. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees reasonably suspected of using or being under the influence of a drug or alcohol at work. Testing must be approved by the City Manager or their designee.
“Reasonable suspicion” is based on objective factors, such as behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. drugs or alcohol may have played a role in an accident involving city property or equipment, that will also constitute reasonable suspicion.
In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the City Manager or their designee or the department head. If there is a reasonable suspicion of drug or alcohol abuse, the employee will be relieved from duty and placed on sick leave or other paid leave until the test results are received.
2. Post-Accident Testing
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The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the “reasonable suspicion” factors described above are present.
3. Pre-Employment Testing
Pre-employment drug testing (bodily fluid test) will be conducted for full time, part time, and volunteers in safety-sensitive positions and/or positions responsible for the safety of children. A full list of subject positions is located in Human Resources.
The City Manager has the authority to modify the list without further approval from the City Council. All offers of employment/appointment are condition on a negative drug test result.
4. Effective January 1, 2024, drug testing which includes screening for cannabis may only test for the presence of THC in the individual’s bodily fluids, and may not include any test for non-psychoactive cannabis metabolites. Thisese limitation does not apply to positions that require a federal government background or security clearance, such as for sworn employees , or employees who are required to participate in the City’s “Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education Program.”
E. Employee’s Responsibilities
City employee must:
1. Not report to work or be on standby or on-call status while their ability to perform job duties is impaired due to on or off duty alcohol or drug use;
2. Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location;
3. Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time; or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;
4. Notify their supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment;
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6. Notify the supervisor immediately of facts or reasonable suspicions when the employee observes behavior or other evidence that a fellow employee poses a risk to the health and safety of themselves or others; and
7. Consent to drug or alcohol testing and searches.
F. Management Employee Responsibilities
City management employees must:
1. Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract;
2. Record factors supporting “reasonable suspicion” as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy;
3. Take appropriate disciplinary action for any criminal drug statute conviction that occurred in a City workplace, up to and including termination, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; and
4. Take appropriate disciplinary action for any violation of this policy.
G. Drug-Free Awareness Program
The City employee assistance provider offers counseling and treatment of drug- or alcoholrelated problems. The employee assistance provider has information about: (a) the dangers of drug or alcohol abuse in the workplace; (b) the penalties that may be imposed for drug or alcohol abuse violations; (c) the City’s Policy of maintaining a drug- and alcohol free workplace; and (d) any available drug or alcohol counseling, rehabilitation or employee assistance programs.
SECTION 5. OUTSIDE EMPLOYMENT OR ACTIVITY
A. Purpose, Policy and Definition
1. The purpose of this policy is to establish guidelines for outside employment or activity for City employees.
2. An employee shall not engage in any employment or activity which is inconsistent, incompatible, in conflict with, or inimical to, their duties as a City officer or employee, or with the duties, functions, or responsibilities of the City.
3. Outside Employment or Activity is any work performed, on a paid or volunteer basis, by a City employee outside of their employment with the City.
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B. Prohibited Types of Outside Employment or Activity
1. No employee shall engage in outside employment or activity if the contemplated outside employment or activity involves any of the following:
a. The use of City time, facilities, equipment, supplies or other resources; b. The use of the employee’s uniform, badge, prestige or influence of their City office or employment;
c. The receipt or acceptance by the employee of money or other consideration, from any person or entity 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 an employee;
d. The performance of an act, not in their capacity as a City employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the employee or the City department in which they are employed;
e. Time demands which would likely render performance of their duties as a City employee less efficient or conditions in which there is a substantial danger of injury or illness to the employee; and
f. The performance of any act, whether or not for monetary compensation or other consideration, which is inconsistent, incompatible, in conflict with, or inimical to their duties for the City.
C. Notice of Intent to Participate In Outside Employment or Activity
1. An employee interested in outside employment or activity must advise their department head prior to engaging in such work or activity.
2. The department head will make a recommendation to the City Manager if they determine that the employment/activity should be prohibited, whose decision on the employment/activity will be final.
3. Outside employment or activity will be reviewed subject to the prohibitions contained in Subsection B, above.
D. Violations and Penalties
1. Any violation of the provisions herein shall constitute sufficient grounds for disciplinary action, pursuant to the City’s discipline policy, up to and including termination.
SECTION 6. USE OF CITY EQUIPMENT
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A. Policy
1. City property is to be used only for conducting City business unless otherwise authorized. City property includes, but is not limited to: telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e- and voice-mails), vehicles and any other City property used by City employees in their work. Employees do not have a reasonable expectation of privacy in City property or equipment.
2. City property may be monitored and searched at any time and for any reason.
Messages sent or received on City equipment may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.
3. Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment.
B. Telephone Usage
Telephone calls made from City telephones, including interdepartmental calls, shall generally be made only in conjunction with the conduct of official City business. However, an employee may be permitted to make a local, long distance, or interdepartmental call from a City telephone for reasons of personal necessity, subject to the following restrictions:
1. Calls shall be made only during the time an officer or employee is relieved from duty, i.e., during an assigned break, during the lunch hour, or before or after an assigned shift;
2. Departmental operations shall not be disrupted;
3. Calls shall be restricted in number and duration to those necessary for an officer or employee to attend to important personal business which cannot reasonably be conducted at another time and in another place;
4. Calls shall not be made in the conduct of any avocation, second occupation or business pursuit, or for purposes of sales or solicitation on behalf of the officer or employee or another agency, business or concern, and
5. All long distance calls shall be billed to a third party and in no event shall any long distance calls become a charge against the City.
C. Computer/Communications Equipment Usage
1. The City owns and operates a variety of computer, network, electronic mail (“email”), and Internet access and voice mail systems for use by its employees. These systems are provided to employees at the City’s expense to assist the employees in carrying out the business of the City. Users of these e-mail/communication systems should be aware that (1) their e-mail/communications are not personal and private, (2) their e-mail/communications may be (but are not necessarily) saved for future reference, and (3) their e-mail/communications may be seen by persons other than ARTICLE IX EMPLOYEE CONDUCT Page 62
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the original addressee. In addition, these forms of e-mail/communications may be accessed by members of the public under the provisions of the Public Records Act.
2. The computer, network, e-mail, Internet access and other similar technologies shall generally be used only in conjunction with the conduct of official City business.
Subject to the restrictions set out in this policy, employees may be permitted to use the City’s computer/communications systems for reasons of personal necessity so long as such use is during the time the employee is relieved from duty, i.e. during a break, during the employee's lunch hour, or before or after the employee's work shift, and only so long as the Department Head determines that the operation of the Department is not being compromised or disrupted.
D. Inappropriate Use of Communications Equipment Prohibited The following are examples of inappropriate and prohibited uses of the City’s communications systems:
1. Exposing others, either intentionally or unintentionally, to material that is offensive, obscene or in poor taste;
2. Any use that a reasonable person would consider creates or furthers a hostile attitude on the basis of race, color, religion, national origin, citizenship, ancestry, marital status, gender, disability, age, military or veteran status, sexual orientation, sex, gender identity, gender expression, medical condition, genetic information, or any other protected characteristic;
3. Communication of confidential City information to unauthorized individuals within or outside the City;
4. Sending messages with content that conflicts with any City policies, rules, or other applicable laws;
5. Unauthorized attempts to access data or break into a City or non-City system;
6. Theft or unauthorized copying of electronic files or data;
7. Initiating or sustaining chain letters, and
8. Intentionally misrepresenting one’s identity for improper or illegal acts.
E. Use of Other City Property
The City reserves the right to restrict employee use of all City-owned property, including City vehicles. City-owned vehicles may be available for use by City employees when required to conduct City business. Employees may be provided guidelines by the appropriate department head for using City property, such as vehicles, and must comply with such guidelines when given. No employee shall allow any unauthorized person to rent, borrow, or use any City property, except upon prior approval of the City Manager.
SECTION 7. EMPLOYEE DRESS CODE
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A. City employees are required to dress appropriately for the jobs they are performing.
Therefore, failure to follow the dress regulations contained in this section shall be grounds for discipline.
B. All clothing must be neat, clean, in good repair and appropriate to the working environment, especially when the employee has direct contact with the public.
C. Prescribed uniforms and safety equipment must be worn where applicable.
D. Footwear must be functional and appropriate for the working environment.
E. Hair must be neat, clean, and well-groomed.
F. Beards, mustaches and sideburns must be maintained in a neat and well-groomed fashion.
G. Jewelry is acceptable except in areas where it may constitute a health or safety hazard.
SECTION 8. DISASTER SERVICE WORKER
In the event of a local, regional, state, or national emergency, all employees shall be required to report for work in accordance with their department’s emergency preparedness plans. Assigned duties may vary from normal duties. In such an emergency, provisions of these Rules may be expressly waived by action of the City Manager.
SECTION 9. POLITICAL ACTIVITIES
A. Policy
The City prohibits:
1. Employees and officers from engaging in political activities during work hours;
2. Political campaigning in City buildings or on premises adjacent to City buildings; and
3. An employee or officer from using their office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.
B. Examples of Prohibited Conduct
1. Participate in political activities of any kind while in uniform;
2. Participate in political activities during working hours;
3. Participate in political activities on City worksites;
4. Place or distribute political communications on City property;
5. Use equipment to make political communications;
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6. Solicit a political contribution from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee;
7. Favor or discriminate against any employee because of political opinions or affiliations;
8. Interfere with any election; or
9. Attempt to trade job benefits for votes
C. Examples of Permitted Conduct
1. Express opinions on all political subjects or candidates;
2. Become a candidate for any local, state, or national election;
3. Contribute to political campaigns;
4. Join and participate in the activities of political organizations;
5. Request, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees;
6. Solicit or receive, during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or
7. Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City officers or employees.
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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 and subject to remedial action as discussed under subsection 3 below (“Enforcement”). 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.
2. Romantic Relationships Between Co-Employees
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 are discouraged.
Inappropriate or disruptive conduct resulting from romantic relationships between co-employees will be cause for discipline.
3. Enforcement
The City reserves the right to reasonably 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 the herein proscribed relationship 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 such 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 of 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 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 ARTICLE X NEPOTISM AND FRATERNIZATION POLICY Page 67
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proscribed relationship can be transferred, said employee may continue to be employed within the same City department subject to approval by the department head and the City Manager 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 engaged in proscribed relationships prohibited by this Policy cannot be accommodated consistent with the City's interest in the 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.
4. The provisions of this fraternization policy are not applicable to individuals employed by the City on or before the date of adoption of these Rules 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, said employees are subject to any and all employmentrelated actions by the City, which are permissible pursuant to existing City policies and procedures to address conduct, which is negatively impacting the work environment.
B. Nepotism
1. It is an express finding of the City that the situation specified in this Section—the employment of relatives as that term is defined herein—is contrary to appropriate City goals of safety and efficiency. The purpose of this section is to define those specific circumstances and to delineate the manner in which such employment issues will be addressed.
2. For purposes of this policy, “relative” means spouse, child, step-child, parent, stepparent, grandparent, grandchild, sibling, step-sibling, aunt, uncle, niece, nephew, parent-in-law, sibling-in-law, legal guardian and/or significant other as defined herein and in the fraternization policy, and/or any other individual related by blood or marriage living in the same household as the City employee.
3. An employee is defined as any person who receives a City payroll check for services, full or part time, rendered to the City of Lakeport.
4. 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.
5. City employees who are related as defined herein as of the effective date of this Policy shall not be affected in their current job status except when the City Manager ARTICLE X NEPOTISM AND FRATERNIZATION POLICY Page 68
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or their designee determines that the circumstances of such 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.
6. 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:
a. a supervisor-subordinate relationship;
b. the employees having job duties which authorize performance of shared duties on the same or related work assignment;
c. both employees being under the jurisdiction of the same immediate supervisor; and/or
d. an adverse impact on supervision, safety, security and/or morale.
C. Effect of Post-Employment Marriage or Creation of Other “Relative” Status of City Employees
1. 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 which prohibits discrimination on the grounds of marital status.
However, the Act and the 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. (California Code of Regulations, Title 2, section 11057; California Government Code section 12940(a)(3)).
2. With the above principles being recognized, the City determines that “marital status” is defined as an individual 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 as set forth in California Civil Code section 4100.
3. 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.
4. The City retains the right to refuse to place both spouses or other relatives in the same department where such has the potential for creating adverse impact on supervision, safety, security, or morale or involves potential conflicts of interest.
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5. 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 Manager will attempt to redefine the job responsibilities of the related employees within the department to minimize the conflict. If such redefinition of job status is not feasible, the City Manager 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 operation and efficient of the City. If any such transfer results in a reduction in salary or compensation, the same shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.
6. 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.
Absent resignation by one of the affected employees, 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..
7. Married or other related employees may continue to be employed within the same City department subject to approval by the department head and the City Manager 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.
8. 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.
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D. The City will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION. The City will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.
SECTION 5. REFERENCES AND RELEASE OF INFORMATION IN PERSONNEL FILES A. Public Information
Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information if it believes doing so would constitute an unwarranted invasion of personal privacy.
B. Reference Checks
All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager or their designee. Information will be released only if the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYMENT INFORMATION, except that without such authorization, the following limited information will be provided: dates of employment and salary upon departure. Department heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis.
C. Medical Information
Medical information will be released only in accordance with the rules set out in subsection 4 above.
SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE
A. Inspection of File
An employee may inspect their own personnel file, as defined in California Labor Code section 1198.5, at reasonable times and at reasonable intervals. An employee who wishes to review their file should contact the Administrative Services Director or their designee to arrange an appointment. The review must be done in the presence of the City Clerk or their designee.
B. Copies
On request, an employee is entitled to receive free copies of any employment-related document placed in their file. An employee who wishes to receive such a copy should contact the Administrative Services Director or their designee. On request, the City will also provide an employee single copies of any other documents in their personnel file. The City may charge a reasonable fee for these copies.
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a. Conviction of a felony. “Conviction” shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendere, regardless of sentence, grant of probation, or otherwise. b. The damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
14. Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity;
15. Misuse of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, or Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any City record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee’s supervisors or fellow employees;
20. Violation of the City’s Drug-Free Workplace Policy;
21. Violation of the City’s Use of City Property and Equipment Policy;
22. Violation of the City’s Policy Against Harassment, Discrimination, and Retaliation;
23. Violation of the City’s Workplace Security Policy and Workplace Violence Prevention Policy;
24. Outside employment or activity that violates the City’s Outside Employment policy, or other enterprise that constitutes a conflict of interest with service to the City;
25. Any conduct that impairs, disrupts, or causes discredit to the City, the employee’s City employment, the public service, or other employee’s employment;
26. Failure to comply with Occupational Safety and Health Administration (OSHA) Safety Standards and City safety policies;
27. Failure to report to the employee’s supervisor any contact with criminal authorities (such as police) which may affect employment with the City;
28. Altering, falsifying, and tampering with time records, or recording time on another employee’s time record; or
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29. Working overtime without prior authorization.
SECTION 3. ADMINISTRATIVE LEAVE
A. A department head may place an employee on an administrative leave with pay pending a potential disciplinary action. Administrative leave with pay is authorized: (1) when the department head, in their sole discretion, believes that the employee’s continued presence at the work site could have detrimental consequences for City operations, or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures.
SECTION 4. TYPES OF DISCIPLINE
Minor Discipline:
A. Counseling Memo
A counseling memo shall be retained in the employee’s personnel file, and may not be appealed under this policy.
B. Oral Reprimand
An oral admonishment or reprimand shall be memorialized in writing, including any rebuttal statement or input from the employee, and become part of the employee’s personnel file, and may not be appealed under this policy.
C. Written Reprimand
A department head may reprimand an employee by furnishing them with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee’s personnel file, and may not be appealed. The employee has the right to have a written rebuttal attached to the reprimand in the employee’s personnel file.
If the employee is a Peace Officer, statutory procedures under the Peace Officer’s Bill of Rights Act will apply.
Major Discipline:
D. Suspension
A department head may suspend an employee from their position for cause. Documents related to a suspension shall become part of the employee’s personnel file. An employee subject to suspension will receive prior written notice and appeal as provided herein. FLSAexempt employees are not subject to suspension except in work day or work week increments or for violations of major safety rules.
E. Demotion
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A department head may demote an employee from their position for cause. Documents related to a demotion shall become part of the employee’s personnel file. An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein.
F. Reduction in Pay
A department head may reduce an employee’s pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee’s personnel file. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay.
G. Discharge
A department head may discharge an employee from their position for cause. Documents related to discharge shall become a part of an employee’s personnel file. A discharged employee is entitled to prior written notice and appeal based upon the terms described herein.
SECTION 5. SKELLY PROCESS – PRE-DISCIPLINARY PROCEDURE FOR
SUSPENSION, DEMOTION, REDUCTION IN PAY, OR DISCHARGE
A. Only regular, for-cause employees have the right to the conference and appeal processes outlined in this Section.
B. Notice of Intent to Discipline
For a suspension without pay, a demotion, a reduction in pay or a termination, the department head shall issue to the employee a written notice of intent to discipline, that contains the following:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended discipline is based;
5. Notice of the employee’s right to respond to the department head regarding the charges within five seven (57) calendar days from the date of the Notice, either by requesting an informal conference, or by providing a written response, or both;
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7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
C. Employee’s Response and the Skelly Conference
1. Upon request,If the employee requests aaAn informal conference to respond orally to the charge(s) , the conference must be scheduled at least seven (7) calendar days after the date of the Notice. The conference will be an informal meeting with the department head, at which the employee has an opportunity to rebut the charges against themselves and present any mitigating circumstances. The employee may, in addition or alternatively to providing an oral response, submit a written response to the charges by or before the time scheduled for the Skelly conference. The department head will consider the employee’s presentation before taking any final disciplinary action.
2. The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause their written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee’s right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified.
D. Final Notice of Discipline
1. After considering the employee’s response, or after the expiration of the employee’s time to respond to the Notice of Intent, the department head shall: (1) dismiss the notice of intent and take no disciplinary action against the employee, or (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department head shall prepare and provide the employee with a notice that contains the following:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based; c. A summary of the misconduct upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the discipline is based; and
e. A statement of the nature of the employee’s right to appeal.
SECTION 6. EVIDENTIARY APPEAL TO THE CITY MANAGER
A. Request for Appeal Hearing
A regular, for-cause employee may appeal from a final notice of discipline that is not greater than a suspension without payfor Major Discipline, as defined above, by delivering a written answer to the charges and a request for appeal to the City Manager or designee. The written ARTICLE XIV EMPLOYEE DISCIPLINE PROCEDURES Page 80
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answer and request for appeal must be received no later than ten (10) calendar days from the date of the department head’s decision.
B. Delegation
The City Manager or designee reserves the right to delegate their authority to decide the appeal to an outside hearing officer of the City Manager’s choice for an advisory decision to the City Manager or designee. The hearing officer shall follow the hearing rules outlined below.
C. Date and Time of the Appeal Hearing
The City Manager will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. An employee who, having filed a timely written answer and request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may shall be deemed to have abandoned their appeal. In such a case, the City Manager may shall dismiss the appeal and impose the department head’s decision.
D. Identification of Issues, Witnesses, and Evidence
No later than ten (10) days prior to the appeal hearing, each party will provide each other and the City Manager a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing that has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The City Manager will state at the beginning of the hearing their decision as to the precise issue(s) to be decided.
E. Conduct of the Appeal Hearing
1. Subpoenas. The City Clerk has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving their/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify unless the City agrees to a different arrangement.
2. Continuances. The City Manager may continue a scheduled hearing only upon good cause shown.
3. Record of the Proceedings. All disciplinary hearings may, at the discretion of the parties City Manager, be either recorded by a court reporter or tape recorded. If a court reporter is ordered, the parties shall share the cost of the court reporter. If the City Manager delegates their authority to decide the appeal to an outside hearing officer per subsection B. above, the hearing shall be recorded by a court reporter.
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4. The City Manager’s Authority During the Hearing: the City Manager has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline.
5. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City Manager decides is the most conducive to determining the truth.
b. Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if made before submission of the case.
d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The City Manager shall determine relevancy, weight, and credibility of testimony and evidence.
g. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. h. All witnesses shall be sworn in for the record prior to testifying at the hearing. The City Manager or the court reporter shall request each witness to raise their right hand and respond to the following: “Do you swear that the testimony that you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?”
F. Burden Of Proof
The City has the burden of proof by a preponderance of the evidence.
G. Right to Due Process
The employee shall have the following due process rights during the hearing:
1. The right to be represented by legal counsel or another chosen representative, at the employee’s own expense;
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2. The right to call and examine witnesses on the employee’s behalf;
3. The right to introduce evidence;
4. The right to cross-examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called the witness to testify; and
6. The right to rebut evidence against the employee.
H. Hearing to Be Closed To the Public
The hearing will be closed to the public unless the employee requests that it be open.
I. Presentation of the Case
The parties will address their remarks, evidence, and objections to the City Manager. No party or their counsel or representative shall disparage the intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager may terminate argument at any time and issue a ruling regarding an objection or any other matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the City Manager directs otherwise:
1. The City shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The City shall produce its evidence.
4. The employee shall produce their evidence.
5. The City, followed by the employee, may offer rebuttal evidence.
6. Closing arguments of no more than twenty (20) minutes shall be permitted at the discretion of the City Manager. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.
J. Written Briefs by the Parties
The City Manager or the parties may request the submission of written briefs. The City Manager will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.
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K. Written Findings and Decision
The City Manager shall render a statement of written findings and decision within thirty (30) days after the hearing has been completed and the briefs, if any, have been submitted. The City Manager’s decision is final.
If the City Manager delegates their authority to decide the appeal to an outside hearing officer per subsection B. above, the hearing officer shall render its written advisory decision to the City Manager within thirty (30) calendar days after the hearing has been completed and the briefs, if any, have been submitted. The City Manager shall render a written decision regarding final discipline within ten (10) business days of receiving the hearing officer’s advisory decision. The City Manager’s decision is final.
L. Proof of Service of the Written Findings and Decision The City Manager shall send their final statement of written findings and decision, along with a proof of service of mailing, to each of the parties and to each of the parties’ representatives. A copy shall also be distributed to the employee’s personnel file.
M. Statute Of Limitations
The City Manager’s written findings and decision is final. There is no process for reconsideration. Pursuant to California Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Lake.
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5. Challenges to examinations or appointment to positions;
6. Management of the City generally, or issues of City or Department policy;
7. Determination of the nature, necessity, or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs;
8. The City’s methods of financing;
9. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force;
10. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Determination of standards, policies, and procedures for selection, training, and promotion of employees; and
14. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities.
Notwithstanding the unavailability of the grievance procedure as stated above, employee associations shall retain the right to invoke the meet and confer process as to matters involving or related to Item 7 and Items 9 through 14 above.
SECTION 5. GRIEVANCE PROCEDURE
A. The grievance procedure has the following four steps:
1. Step 1: Informal Discussion
Within fourteen (14) calendar days of the occurrence of the act(s) that constitute the grievance, an employee shall discuss the grievance with their immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor shall give the employee an oral reply within fourteen (14) calendar days after the discussion. If the employee is not satisfied with the reply, they may proceed to Step 2.
2. Step 2: Formal Discussion
a. Any grievance not resolved at Step 1 may be submitted in writing to the immediate supervisor no later than fourteen (14) days after the date of the supervisor’s oral reply. The written grievance must identify all of the following:
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1) Full description of how the grievant is/was adversely affected by a specific act or omission which gave rise to the alleged violation, misinterpretation, or misapplication;
2) The specific provision of these Policies or an applicable MOU that was allegedly violated, misinterpreted, or misapplied;
3) The date or dates on which the violation, misinterpretation, or misapplication allegedly occurred;
4) The documents, witnesses, or other evidence that support the grievance;
5) The desired solution or remedy;
6) The signature and identification of the grievant; and 7) The person, if any, the grievant has chosen to be their representative. b. No grievance shall be accepted for processing until all of the information listed above is provided. Within fourteen (14) calendar days after the grievant provides all of the information listed above, the immediate supervisor may, in their discretion, schedule a meeting with the grievant for the parties to work at resolving the grievance. The immediate supervisor shall give the grievant a written reply within fourteen (14)calendar days after receipt of the written grievance or the meeting, whichever occurs later, and will file a copy in the grievance file. If the grievant is not satisfied with the response, they may either request mediation or proceed to Step 3 below.
3. Step 3: Department Head
Any grievance not resolved at Step 2 may be submitted in writing to the department head no later than fourteen (14) days after the date of the immediate supervisor’s written reply. The grievant shall provide the department head with copies of the Step 2 response. Within fourteen (14) calendar days thereafter, the department head may, in their discretion, schedule a meeting with the grievant for the purpose of giving the parties the opportunity to resolve the grievance. The department head shall give the grievant a written reply within fourteen (14) calendar days after receipt of the written grievance, or the meeting, whichever occurs later, and shall file a copy in the grievance file. If the grievant is not satisfied with the response, they may either request mediation or proceed to Step 4.
4. Step 4: Appeal to City Manager
Any grievance not resolved at Step 3 may be submitted in writing no later than fourteen (14) days after the date of the department head’s written reply. The grievant shall present to the City Manager or designee copies of the Step 2 and 3 responses.
The City Manager or designee reserves the right to delegate their authority to decide the appeal to an outside hearing officer for an advisory decision to the City Manager or designee.
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. Within fourteen (14) calendar days thereafter, City Manager or designee will schedule a meeting with the grievant to discuss the matter. After consideration of the facts and an investigation, the City Manager or designee shall issue their written decision to the grievant.
5. Decision on Grievance:
The decision of the City Manager or designee will be final and binding except as follows:
a. The decision shall neither add to, detract from, nor modify the language of these Policies or any applicable MOU.
b. The decision shall be confined to the precise issue(s) the grievance has raised and that the grievant has submitted.
c. Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event shall any grievance award include any compensatory damages or attorneys’ fees.
SECTION 6. SETTLEMENT OF GRIEVANCE
A. Any grievance shall be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing. Any grievance that the grievant fails to timely move to the next step shall be deemed resolved on the basis of the last disposition.
SECTION 7. REPRESENTATION
A. An employee may have a representative of their choice present at all stages of the grievance procedure, except that no one may be represented by an employee they supervise, and no employee may be represented by their supervisor or department head. If the employee’s representative is a fellow employee, that employee will receive time off from their work assignment for the time of the grievance meeting or hearing plus reasonable travel time.
Forty-eight (48) hours prior to the grievance meeting, the employee shall inform the immediate supervisor, department head or City Manager whether they shall be represented at the grievance meeting and shall identify the representative.
SECTION 8. NO RETRIBUTION
A. An employee shall not be penalized or retaliated against in any way for using this procedure.
SECTION 9. WITHDRAWAL
A. A grievant may withdraw any grievance at any time, without prejudice, by giving written notice to the City representative who last took action on the grievance, and by providing a copy of the notice to the City Manager.
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B. Failure by the grievant to appeal their grievance to the next step within the specified time limits of this rule shall constitute a waiver of the right to pursue the grievance further, unless the City has granted a written extension of time to a definite date. Failure by the City to respond to the grievance within any of the specified time limits shall be considered a denial of the grievance and shall entitle the grievant to appeal to the next level of review.
C. Failure on the part of the grievant or their representative to appear for any scheduled meeting without notification may, in the City’s discretion, result in the City’s denial of the grievance without further right to appeal.
SECTION 10. RESUBMISSION
A. Upon consent of the person hearing the grievance and the grievant, a grievance may be resubmitted to a lower step in the grievance procedure for reconsideration.
SECTION 11. MISCELLANEOUS
A. If an employee is given an order that they wish to grieve, the employee must first comply with the order and file a grievance later, unless the employee reasonably believes that the assignment endangers the health or safety of the employee or others or if the employee reasonably believes that the requested assignment violates the employee’s constitutional rights.
SECTION 12. DELEGATION
A. The City Manager may delegate non-involved department heads or other management-level employees to act on their behalf in these processes. The findings and recommendations they render will be advisory to the City Manager, whose ultimate decision will be final and binding.
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2. City means the City of Lakeport, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
3. Confidential Employee means an employee who, in the course of their duties, has access to confidential information relating to the City’s administration of employeremployee relations.
4. Consult/Consultation in Good Faith means to communicate orally or in writing with all affected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposal with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a MOU, nor is it subject to the impasse procedures outlined in this rule.
5. Day means calendar day unless expressly stated otherwise.
6. Employee Relations Officer means the City Manager or their duly authorized representative.
7. Impasse means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a MOU, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
8. Management Employee means an employee having responsibility for formulating, administering, or managing the implementation of City policies and programs.
9. Proof of Employee Support means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words “recently signed” shall mean within ninety (90) days prior to the filing of a petition.
10. Exclusively Recognized Employee Organization means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to this rule, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
11. Supervisory Employee means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 91
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discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
SECTION 3. FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION A. An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
1. Name and address of the employee organization.
2. Names and titles of its officers.
3. Names of employee organization representatives who are authorized to speak on behalf of the organization.
4. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
5. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
6. Certified copies of the employee organization’s constitution and bylaws.
7. A designation of those persons, not exceeding two (2) in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
8. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability, or medical condition, or any protected classification under the Fair Employment & Housing Act.
9. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
10. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
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the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
B. Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
SECTION 4. CITY RESPONSE TO RECOGNITION PETITION
A. Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
1. There has been compliance with the requirements of the Recognition Petition, and
2. The proposed representation unit is an appropriate unit in accordance with Section 9 of this rule.
B. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, they shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 12 of this rule.
SECTION 5. OPEN PERIOD FOR FILING CHALLENGING PETITION
A. Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of this rule. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 9 of this rule. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 12 of this rule.
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SECTION 6. GRANTING RECOGNITION WITHOUT AN ELECTION
A. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.
SECTION 7. ELECTION PROCEDURE
A. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party’s rules and procedures subject to the provisions of this rule. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this rule shall be included on the ballot.
The ballot shall also reserve to employees the choice of representing themselves individually in their Employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial Election being applicable to a run-off election.
B. There shall be no more than one valid election under this rule pursuant to any petition in a twelve (12)-month period affecting the same unit.
C. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.
D. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
SECTION 8. PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED
EMPLOYEE ORGANIZATION
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unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a MOU then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.
2. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit.
3. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
4. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.
B. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under subdivision (A)(3) of this Section 8, and otherwise conforms to the requirements of Section 3 of this rule.
C. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If their determination is in the negative, they shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 12 of this rule. If the determination of the Employee Relations Officer is in the affirmative, or if their negative determination is reversed on appeal, they shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
D. Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 7 of this rule.
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E. During the “open period” specified in the first paragraph of this Section 8, the Employee Relations Officer may on their own motion, when they have reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that they will arrange for an election to determine that issue. In such an event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 8, which the Employee Relations Officer shall act on in accordance with this Section 8.
F. If, pursuant to this Section 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any MOU then in effect for its remaining term.
SECTION 9. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS
A. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
2. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
3. Consistency with the organizational patterns of the City.
4. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
5. Effect on the classification structure and impact on the stability of the employeremployee relationship of dividing single or related classifications among two or more units.
6. Effect of differing legally mandated impasse resolution procedures.
B. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 2 of this rule, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 96
387728.4
C. Peace Officers may be required to be represented in separate units composed solely of such Peace Officers. These units shall not be represented by an organization that, directly or indirectly, is subordinate to any other employee organization which includes non-Peace Officers.
D. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final.
SECTION 10. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS
A. Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 8 of this rule. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 3 of this rule, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this rule.
B. The Employee Relations Officer may by their own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 9 of this rule, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer’s determination may be appealed as provided in Section 12 of this rule. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to this rule.
SECTION 11. PROCEDURE FOR PROCESSING SEVERANCE REQUESTS A. An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Section 10 for modification requests.
SECTION 12. APPEALS
A. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 97
387728.4
Employee Relations Officer that a Recognition Petition (Section 3), Challenging Petition (Section 5), Decertification Petition (Section 8), Unit Modification Petition (Section 10); or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 8) has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later.
B. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding unless timely appealed to the Public Employees Relations Board.
SECTION 13. SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED
EMPLOYEE ORGANIZATIONS
A. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a) through (h) of its Recognized Petition under Section 3 of this rule shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.
SECTION 14. EMPLOYEE ORGANIZATION ACTIVITIES – USE OF CITY RESOURCES A. Access to City work locations and the use of City paid time, facilities, equipment, and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in MOU and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this rule that pertain directly to the employeremployee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety, and security of City operations.
SECTION 15. ADMINISTRATIVE RULES AND PROCEDURES
A. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this rule after consultation with affected employee organizations.
SECTION 16. INITIATION OF IMPASSE PROCEDURES
A. If the meet and confer process has reached impasse as defined in Section 2 of this rule, either party may initiate the impasse procedures by filing with the other party a written ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 98
387728.4
request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
1. To review the position of the parties in a final effort to reach agreement on a MOU; and
2. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
SECTION 17. IMPASSE PROCEDURES
A. Impasse procedures are as follows:
1. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
2. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding.
3. If the parties agree on fact-finding, they may agree on the appointment of one or more fact-finders. If they fail to so agree on one or more fact-finders, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven (7) names of individuals having fact-finding experience in the municipal sector to be provided by the California State Mediation and Conciliation Service.
B. The following constitute the jurisdictional and procedural requirements for fact-finding:
1. The fact-finders shall consider and be guided by applicable federal and state laws.
2. Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:
a. First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours, and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. “Total compensation” shall mean all wage compensation, including but not limited to premium, incentive, minimum ‘standby’, out-of- ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 99
387728.4
class, and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer payments for all health, welfare, and pension benefits.
3. The fact-finders shall then adjust the results of the above comparisons based on the following factors:
a. The compensation necessary to recruit and retain qualified personnel. b. Maintaining compensation relationships between job classifications and positions within the City.
c. The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average “consumer price index” for goods and services, and the pattern of change in wages and compensation of other wage earners.
4. The fact-finders shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessing the City’s financial resources, the fact-finders shall be bound by the following:
a. Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing body; and b. Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and c. Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); and
d. Assurance of sufficient and sound budgetary reserves; and e. Constitutional, statutory limitations on the level and use of revenues and expenditures.
5. The fact-finders shall make written findings of fact, and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization.
C. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the fact-finder or the chairperson of the factfinding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council’s legislative consideration of the impasse.
D. If the parties did not agree on mediation or the selection of a mediator and did not agree on fact-finding, or having so agreed, the impasse has not been resolved, the City Council may ARTICLE XVI EMPLOYER-EMPLOYEE RELATIONS Page 100
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take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.
SECTION 18. COSTS OF IMPASSE PROCEDURES
A. The cost for the services of a mediator and fact-finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and the Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
SECTION 19. CONSTRUCTION
A. This rule shall be administered and construed as follows:
1. Nothing in this rule shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body, or other representative of the City, the rights, powers and authority granted by federal or state law.
2. This rule shall be interpreted so as to carry out its purpose as set forth in Section 1 of this rule.
3. Nothing in this rule shall be construed as making the provisions of California Labor Code section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate, or encourage, directly or indirectly, any strike, sickout, or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract.
Meeting Date: 08/04/2026 Page 2 Agenda Item # VI.A.
Comments:
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:
Move to adopt the resolution to confirm and approve the utility billing delinquency list and the associated resolution and direct staff to submit the list to the County Auditor-Controller for inclusion on the property tax roll.
☒ Attachments: 1. Tax Roll Resolution
238490.1
RESOLUTION NO. ______ (2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AND THE
BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
APPROVING AND CONFIRMING THE REPORT OF DELINQUENT UTILITIES
CHARGES AND REQUESTING LAKE COUNTY TO COLLECT SUCH CHARGES ON THE
TAX ROLL
WHEREAS, the City of Lakeport (the “City”) and the City of Lakeport Municipal Sewer District (“CLMSD”) provide certain water, solid waste, and sewer services to its residents and occupants; and WHEREAS, California Health and Safety Code sections 5473 et seq. and sections 13.04.060,
13.20.560, and 8.16.080 of the Lakeport Municipal Code authorize the City and CLMSD to have the delinquent charges for the above services (the “Charges”) collected on the tax roll by Lake County on the relevant parcels; and
WHEREAS, City staff has prepared a Delinquent Utilities Charge Report (the “Report”), attached hereto as Exhibit A, identifying the delinquent charges by Assessor’s Parcel Number; and WHEREAS, City staff provided notice of the delinquent utility charges to relevant property owners as required by law by publishing notice in the Lake County Record-Bee, a newspaper of general circulation printed and published once a week for two consecutive weeks in the City and CLMSD, pursuant to section 6066 of the Government Code prior to the date of said hearing, and by mailing said notice to each person present on the report; and
WHEREAS, a public hearing was held on August 4, 2026, at which the City Council and CLMSD Board reviewed and considered the Report and any protests related thereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport and Board of Director of the City of Lakeport Municipal Sewer District:
1. Findings. In reviewing and considering the delinquent Charges and the Report, the City Council hereby makes the following findings:
a. Notice of the public hearing before the City Council was mailed to each affected property owners at addresses as shown on the latest equalized assessment roll or as known to the City; b. Notice of the public hearing before the City Council included the date, time, and place of the public hearing, the identity of the hearing body, and a general explanation of the matter to be considered; and
c. Upon considering all objections and protests received at the time of the hearing on this matter, the City Council/Board of Directors finds that protest by owners of a majority of the parcels of property described in the Report does not exist. 238490.1
2. Confirming the Report. The City Council/Board of Directors hereby approves, confirms, and adopts the Report, as directed and attached hereto as Exhibit A and incorporated herein by reference, and determines that the Charges are proper and correct. The City Council/Board of Directors directs the Finance Director to make any amendments to the Report as were directed by the City Council/Board of Directors and as necessary to remove parcels from the Report for which payment has been made before transfer of the amounts to Lake County for collection on the tax roll, subject to the same penalties, procedure, and sale in case of delinquency as provided for those taxes.
3. Authorization. The City Council/Board of Directors hereby authorizes and directs the City Clerk to deliver a certified copy of the finalized Report to the Lake County Auditor-Controller Division and to submit a certified copy of this Resolution and Report to the County Recorder for recordation.
4. Services of Lake County. The office of the Lake County Auditor-Controller Division is requested for the placement of the Charges on the Annual Secured property tax roll with the Ad Valorem taxes.
5. General Authorization. The City Manager, City Finance Director, City Clerk, City Attorney, and the other officers and agents of the City are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposed of this Resolution. All actions heretofore taken by the officers and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.
6. Effective Date. This resolution shall take effect immediately upon its passage.
The foregoing Resolution was passed and adopted at a regular joint meeting of the City Council and CLMSD Board of Directors on the 4th day of August, 2026, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
____________________________________
BRANDON DISNEY, MAYOR & CHAIRPERSON
ATTEST:
_____________________________
KELLY BUENDIA, Clerk
City of Lakeport & CLMSD
Meeting Date: 08/04/2026 Page 4 Agenda Item # VII.A.1.
Weed and vegetation
management
Vegetation management has been conducted through a combination of grazing activities and District maintenance efforts. Blackberry encroachment remains an ongoing operational challenge. The current lease stipulates the City is responsible for weed and vegetation management. Staff is currently evaluating additional management and control measures with outside resources to address long-term vegetation management needs.
Carcass management
Staff identified no documented violations or enforcement actions relating to carcass removal or disposal. Site tours were conducted on both mandatory and voluntary bases as part of the initial RFP and subsequent reissued RFP processes. During those inspections, no livestock carcasses were observed or identified by staff or participants.
Infrastructure
protection
Staff identified no operational impacts or interference with wastewater treatment, disposal, irrigation, or related District infrastructure operations resulting from grazing activities.
3. APPLICABLE INDUSTRY GRAZING MANAGEMENT STANDARDS:
Council directed staff to review commonly accepted grazing-management practices and compare those standards with the performance expectations established under the existing agreement.
Industry standards generally include:
• Routine fence inspection and maintenance;
• Prompt response to livestock escapes;
• Adequate livestock water supply;
• Timely carcass removal and lawful disposal;
• Appropriate stocking rates;
• Ongoing weed and vegetation management; and
• Protection of water quality and infrastructure.
Industry guidance further recognizes that:
• Occasional livestock escapes may occur in grazing operations; compliance is measured by timely response and corrective action rather than absolute prevention. • Weed and blackberry management programs are intended to control and reduce vegetation impacts; complete eradication is not generally considered an industry standard. • Indicators of effective grazing management include the absence of lease defaults, water-quality violations, recurring operational problems, and unresolved maintenance deficiencies.
4. CONCERNS RAISED DURING PUBLIC COMMENT REGARDING PROPERTY MAINTENANCE AND LEASE PERFORMANCE:
During the July 21, 2026 meeting, comments were received regarding fence maintenance, livestock escapes, vegetation management, blackberry encroachment, carcass removal, and overall property maintenance.
Meeting Date: 08/04/2026 Page 5 Agenda Item # VII.A.1.
Following review of available records, staff found:
• No documented notices of default;
• No documented lease termination proceedings;
• No documented water-quality violations attributable to grazing activities; • No documented enforcement actions relating to carcass management; and • No documented evidence of material non-compliance with the existing agreement.
While the concerns raised were appropriately reviewed, the records examined by staff do not demonstrate failure by the current lessee to satisfy the material requirements of the existing agreement.
AGREEMENT TERMS:
Council also discussed the proposed ten-year agreement term.
Staff notes that the proposed agreement is structured as a Non-Exclusive Revocable License Agreement, which provides greater operational flexibility than the historical lease arrangement. The proposed agreement includes provisions allowing the District to terminate the license if deficiencies are identified and remain uncured following notice. Long-term grazing agreements are commonly utilized to encourage investment in infrastructure, vegetation management, and stewardship practices while reducing administrative costs associated with frequent solicitation and agreement renewals.
STAFF RECOMMENDATION:
In evaluating proposals, staff considered not only grazing operations but also each proposer's demonstrated ability to operate in a manner compatible with the District's wastewater disposal functions. The selected proposer demonstrated the greatest overall capability to support the property's primary wastewater disposal.
The proposal submitted by Humboldt Auction Yard, LLC represents the best overall value and operational fit for the District. Staff recommends approval of the Non-Exclusive Revocable License Agreement and authorization for the City Manager to execute the agreement.
OPTIONS:
1. Authorize the proposed Non-Exclusive Revocable License Agreement
2. Provide alternative direction to staff.
ENVIRONMENTAL IMPACT:
The approval of the Non-Exclusive Revocable License Agreement authorizing a ten-year agreement between Humboldt Auction Yard, LLC and the City of Lakeport Municipal Sewer District for cattle grazing on property devoted to spray irrigation disposal of wastewater is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed action consists of the continuation of an existing grazing and vegetation management operation on an existing wastewater disposal facility and involves negligible or no expansion of the existing or former use of the property. The agreement does not authorize any new construction, development, or physical alteration of the site.
Meeting Date: 08/04/2026 Page 6 Agenda Item # VII.A.1.
FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other: Grant Funds Comments:
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:
Move to authorize the City Manager to execute a Non-Exclusive Revocable License Agreement allowing cattle grazing on acreage utilized for the spray irrigation disposal of wastewater, subject to the terms and conditions set forth in the agreement.
☒ Attachments: 1. Staff Report Dated July 21, 2026
2. Score Cards
3. Vehicle VS Animal Collision Report
4. Industry Standards – Research
5. Email From Black Gold Cattle Co.
6. Reissue RFP
Meeting Date: Page 2 Agenda Item #
Auction Yard, LLC submitted the proposal that best satisfies the District's operational objectives, grazing management needs, and financial interests. Staff's review considered experience, responsiveness to District operational requirements, pasture management practices, ability to coordinate with wastewater disposal activities, and overall value provided to the District.
The proposed agreement differs from the historic lease arrangement by establishing a non-exclusive revocable license rather than a leasehold interest. This approach better reflects the property's primary function as a wastewater disposal facility and provides the District greater flexibility to modify operations, irrigation schedules, grazing areas, or terminate the agreement if necessary to protect public health, safety, regulatory compliance, or District operational needs. The proposed agreement also strengthens maintenance, insurance, indemnification, and operational requirements while providing annual revenue of $72,000.
Based on the collective evaluation of all proposal criteria, Humboldt Auction Yard LLC received the highest overall score, earning a total composite score of 278 points and ranking first among all proposers. The remaining proposals received composite scores ranging from 240 to 256 points. Consistent with the evaluation methodology, the selection was based on the totality of the evaluation criteria and not solely on the proposed license fee. However, Humboldt Auction Yard not only achieved the highest overall evaluation score but also submitted the highest financial proposal at $72,000 annually, compared to the secondhighest proposal of $48,000 annually. The combination of Humboldt Auction Yard's highest overall evaluation score, demonstrated qualifications and experience, operational approach, responsiveness to the District's objectives, and substantially greater financial return to the District supported the determination that Humboldt Auction Yard LLC offered the most advantageous overall proposal and best value to the District.
STAFF RECOMMENDATION:
The proposal submitted by Humboldt Auction Yard, LLC represents the best overall value and operational fit for the District. Staff recommends approval of the Non-Exclusive Revocable License Agreement and authorization for the Board Chair to execute the agreement.
OPTIONS:
1. Authorize the proposed Non-Exclusive Revocable License Agreement
2. Provide alternative direction to staff.
ENVIRONMENTAL IMPACT:
The approval of the Non-Exclusive Revocable License Agreement authorizing a ten-year agreement between Humboldt Auction Yard, LLC and the City of Lakeport Municipal Sewer District for cattle grazing on property devoted to spray irrigation disposal of wastewater is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed action consists of the continuation of an existing grazing and vegetation management operation on an existing wastewater disposal facility and involves negligible or no expansion of the existing or former use of the property. The agreement does not authorize any new construction, development, or physical alteration of the site.
Meeting Date: Page 3 Agenda Item #
FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other: Grant Funds Comments:
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:
Move to authorize the City Manager to execute a Non-Exclusive Revocable License Agreement allowing cattle grazing on acreage utilized for the spray irrigation disposal of wastewater, subject to the terms and conditions set forth in the agreement.
☒ Attachments: 1. Memorandum – Evaluation Summary
2. Licensed Agreement with Exhibit A
3. Map
4. Amendment No XXX
5. Reissue of RFP
Rater# 3
Rater# 3
Rater# 3
Vehicle-versus-Animal Collision Review (TIMS)
A review of Transportation Injury Mapping System (TIMS) data for reported vehicle-versus-animal collisions from 2014 through 2025 found no reported crashes in the vicinity of the City of Lakeport Municipal Sewer District (CLMSD) grazing property. The closest reported vehicle-versus-animal collision occurred on State Route 29, south of Lakeport Boulevard. While TIMS records collisions reported through the CHP SWITRS system as involving an animal, the database does not identify the animal species or ownership. Based on the available crash data, there is no documented pattern of reported vehicle-versus-animal collisions associated with the CLMSD grazing property.
Reported Vehicle-versus-Animal Collisions (2014–2025)
Date Time Location Reported Injuries
4/3/2014 8:35 PM SR 29 near Hill Rd Undercrossing 1
5/5/2014 10:05 AM SR 20 near Howard Ave 1
7/2/2014 9:54 PM SR 29 & Thomas Dr 1
9/2/2014 10:00 PM SR 20 near Foothill Dr 1
10/3/2014 7:24 PM Scotts Valley Rd near Hendricks Rd 1
12/8/2014 6:16 PM SR 29 near Cole Creek Rd 1
2/17/2015 1:51 PM Hendricks Rd near Dessie Dr 1
3/6/2015 10:40 AM SR 20 near New Long Valley Rd 1
5/7/2015 8:40 PM SR 53 near SR 20 1
7/18/2015 12:00 PM Morgan Valley Rd near Bonham Rd 1
7/31/2015 7:10 PM Foothill Dr near Highland Ave 1
8/22/2015 10:40 AM Bottle Rock Rd near Spring Hill Rd 1 9/29/2015 8:55 AM SR 29 near Nice/Lucerne Cutoff 1
10/9/2015 5:35 AM SR 29 near Hofacker Ln 1
6/25/2016 11:27 AM SR 20 near Government St 1
5/6/2017 12:39 PM SR 29 near Nice-Lucerne Cutoff 1
5/8/2017 6:02 PM SR 29 near Cole Creek Rd 1
7/2/2017 11:30 PM SR 20 near New Long Valley Rd 1
10/6/2017 12:55 PM Spruce Grove Rd near Jerusalem Grade 1 5/15/2018 8:00 PM SR 175 near McKinley Dr 1
7/4/2018 10:30 AM SR 20 near Henderson Dr 1
8/26/2018 10:15 PM SR 20 near Catholic Church Rd 1
9/19/2018 10:30 AM Country Club Dr near 6th St 1
7/19/2019 10:23 PM SR 29 near SR 281 9
12/20/2019 9:13 PM SR 29 near Clayton Creek Rd 2
3/21/2020 2:23 PM E. Finley Rd near Dorn Xing 1
6/23/2020 9:54 PM SR 29 near Diener Dr 1
8/21/2020 12:10 PM SR 20 near New Long Valley Rd 1
10/4/2020 7:00 PM SR 20 near New Long Valley Rd 1
7/8/2021 6:40 AM Point Lakeview Rd near Wheeler Dr 1
8/5/2021 7:17 PM Phillips Ave & 31st Ave 1
8/21/2021 7:45 PM SR 20 near New Long Valley Rd 1
6/28/2022 9:00 AM SR 20 near Government St 3
8/18/2022 9:25 PM Bridge Arbor North near SR 20 1
9/24/2022 12:00 PM Morgan Valley Rd near Main St 1
6/30/2023 8:45 PM SR 53 near SR 20 1
8/30/2023 6:46 PM Live Oak Dr & Brotherson St 1
9/26/2023 9:30 PM SR 29 near Lakeport Blvd 1
2/11/2024 7:15 PM SR 20 near Walker Ridge Rd 1
10/15/2024 6:15 AM SR 29 near Nice-Lucerne Cutoff 1
10/18/2025 8:35 PM SR 20 near Reclamation Rd 2
11/7/2025 6:25 PM SR 29 near Park Way 1
Industry Standards for Grazing on
Wastewater Disposal Lands
1. Livestock Containment
Industry standard:
• Livestock remain within designated grazing areas.
• Perimeter fences are routinely inspected.
• Damage is repaired in a timely manner.
• Temporary fencing may be used where permanent fencing is inadequate. • Escapes are addressed promptly when discovered. [waterboards.ca.gov], [wpcdn.web.wsu.edu]
Evidence Council Could Review
• Escape reports.
• Fence inspection records.
• Repair invoices.
• Work orders.
• Employee observations.
• Photographs before and after repairs.
Important: Industry standards do not require zero escapes. Occasional escapes can occur in any livestock operation. The standard is whether the operator responds appropriately and maintains containment systems. [waterboards.ca.gov], [wpcdn.web.wsu.edu]
2. Fence Maintenance
Industry standard:
• Gates function properly.
• Fence lines are passable for inspection.
• Broken wire, fallen posts, and openings are repaired. • Operators routinely monitor perimeter integrity. [wpcdn.web.wsu.edu], [waterboards.ca.gov] Evidence:
• Maintenance records.
• Fence repair purchases.
• Employee testimony.
• Photographic documentation.
3. Water Availability
Industry standard:
Cattle must have continuous access to adequate drinking water.
Best practices include:
• Functional troughs.
• Regular monitoring of watering systems.
• Backup plans when equipment fails.
• Water infrastructure maintenance. [beefresearch.ca], [nrcs.usda.gov] Your 2021 USDA Cost Share documentation for stock-water trough replacement is consistent with this type of industry practice. [Cattle Lea...t 2 - 2022 | PDF]
4. Livestock Health and Mortality Management
Industry standard:
• Routine observation of livestock.
• Prompt removal and lawful disposal of dead animals.
• Prevention of disease and water contamination.
• Documentation when mortality events occur. [nrcs.usda.gov], [pubs.ext.vt.edu] Evidence Council could seek:
• Mortality logs.
• Rendering records.
• Disposal receipts.
• Employee observations.
A single dead cow is not evidence of poor management. The question is whether carcasses were routinely left unattended or unmanaged. [nrcs.usda.gov], [pubs.ext.vt.edu]