Lindsay City Council
August 8, 2023

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Section 11.4.1 Pay
An employee is entitled to receive a full day’s pay for the day injured. Thereafter the injured employee may use sick leave or other accrued leaves. If the employee has exhausted or elects not to use accrued leaves, the City may place the employee on unpaid industrial accident leave. provisions in subsection 11.4.2 apply.

Section 11.4.2 Accumulated Sick Leave
Upon expiration of sick leave, he/she in on unpaid industrial accident leave. If the employee is not eligible for sick leave pay, he/she is on unpaid industrial accident leave effective the day after the injury.

Section 11.511.4.2 Injuries Requiring Medical Care
All work relatedwork-related injuries requiring medical care must be reported to the City of Lindsay Risk Management Office and a claim form shall be provided to the injured employee within 24 hours from the time the injury was discovered, excluding weekends and holidays.

Section 11.611.4.3 Liability For Failure To Comply
Labor Code section 5400 makes failure to comply with the 24-hour reporting procedure a misdemeanor. Additionally, disciplinary action may be taken for an employee’s failure to comply with this procedure.

Section 11.7 11.4.4 Accident Defined
“Accident” is defined as any occurrence from which bodily injury or property damage may result, regardless of whether any injury or damage actually does occur, e.g. exposure where no immediate injury is apparent.

Section 11.8 11.4.5 Employee’s Responsibility
Any employee sustaining any work-related injury or involved in any accident while on duty shall report such injury or accident as soon as practical to his/her supervisor. An employee who fails to promptly report an accident to his supervisor within a specified time may be in eligible for paid industrial accident leave.

Any employee observing or learning of a potentially hazardous condition is to promptly report the condition to his/her immediate supervisor.

Any employee sustaining a work-related injury that requires relief from duty is required to be examined/treated by a doctor.

When appropriate, an employee being treated for an on-duty injury is to advise the attending physician that “light duty” may be available.

An injured employee shall report as soon as practical to their immediate supervisor the medical findings concerning the injury and the extent and duration of any work restrictions if they are known.

August 08, 2023 Regular Meeting of the Lindsay City Council

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Section 11.9 11.4.6 Supervisor’s Responsibility
The supervisor is responsible for promptly notifying the finance office and Personnel Director, submitting a statement signed by the employee or supervisor giving all details.

For work-related accidents or injuries not requiring professional medical care, A City of Lindsay “Supervisor’s Report of Injury” form shall be completed in triplicate. All copies of the completed form shall be forwarded to Risk Management.

When accident or injury is reported initially on the “Supervisor’s Report of Injury” form and the employee subsequently requires professional medical care, the State of California Employer’s Report of Occupational Injury or Illness” form shall then be completed. The injured employee shall also sign the form in the appropriate location.

Every injured employee must be provided with an “Employee’s Claim for Workers’ Compensation Benefits Form” (DWC-1) within 24 hours, regardless of the nature of illness or injury.

Copies of any reports documenting the accident or injury should be forwarded to Risk Management as soon as they are completed.

A supervisor who fails to report an accident after being notified by the employee is subject to disciplinary action.

Section 11.10 11.4.7 Department Head’s Responsibility
The department head shall review and forward copies of the report to the personnel department and retain a copy in the employee’s personnel file.

Section 11.11 11.4.8 Injuries Requiring No Medical Attention Those injuries not requiring medical attention shall be recorded on a Supervisor’s Report of injury, a city form. This form shall be completed and signed by a supervisor.

This form shall be signed by the affected employee, indicating that he/she desired no medical attention at the time of the report. By signing this form, the employee will not preclude his/her ability to seek medical attention later.

Section 11.12 11.4.9 Injury Caused by Other
When an employee sustains work-related injuries caused by other personanother person, and is then approached by such person or an agent, insurance company or attorney, and offered a settlement of claims, that employee shall take no action other than to make a written report of this contact to his/her supervisor as soon as possible.

Section 11.1311.4.10 No Settlement Without Prior Approval In no case shall the employee accept a settlement without receiving prior approval of the Director of Personnel. It must first be determined that the offered settlement will not affect any claim the August 08, 2023 Regular Meeting of the Lindsay City Council

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City of Lindsay may have regarding payment for damage(s) to equipment or reimbursement for wages against the person who caused the accident or injury. The objective of this policy is to protect the City’s right of subrogation, while ensuring that the employee’s rights to receive compensation for injuries are not affected.

Section 11.5 Bereavement Leave
Section 11.14 Leaves of Absence Due to Death of Family Member All regular employees, and all other employees who have been employed by the City for at least 30 days, may utilize up to five days of bereavement leave upon the death of a family member. An employee who wishes to use bereavement leave shall notify their immediate supervisor, department head, or Personnel Director of the intent to use such leave.

Every employee shall obtain his department head’s approval in advance for absence on account of death in order to be eligible for the benefits in this section.

Section 11.5.1 Family Member, Defined
Section 11.14.1 Immediate Family
“Family member” means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

Section 11.5.2 Terms of Leave
Employees may use up to five days of bereavement leave upon the death of a family member.

The days of leave need not be consecutive, but must be completed within three months of the date of death of the family member.

The City may request documentation of the death of the family member. On request, the employee shall provide documentation within 30 days of the first day of the leave.

Documentation may take the form of a death certificate, published obituary, written verification of death, burial, or memorial services, or other equivalent documentation. Any information or documentation provided to the City shall be maintained as confidential.

Section 11.5.3 Compensation During Bereavement Leave
For a regular full-time employee, the first three five working days of bereavement leave are a paid leave of absence.

For all other employees, or for leave beyond fivethree days, bereavement leave is unpaid, but an employee may use vacation, compensatory time, sick leave, or any other paid leave that would otherwise be available. A full time employee is entitled to use sick leave to care for illness or injury in the immediate family as specified in Section 11.2.2. A regular full-time employee is allowed a leave of absence with pay not to exceed 3 working days in the case of death in the employee’s immediate family. With his/her Department Head’s approval, he or she may have 2 additional working days, which are charged first to sick leave, second to compensatory time, third to vacation.

Immediate family, for the purpose of bereavement leave, is defined as the employee’s spouse, child, parent, brother, sister, mother/father-in-law, brother/sister-in-law, grandparents, or registered Domestic Partner.

August 08, 2023 Regular Meeting of the Lindsay City Council

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Section 11.5.4 Section 11.14.2 Bereavement Leave for Other Than Immediate Family A department head may allow a regular full-time employee leave of absence up to one day to attend the funeral of a person other then than a member of his/her immediate family, chargeable to sick leave, compensatory time, or vacation.

Section 11.14.3 Timesheet
Each absence on account of death leave must be explained on the employee’s time sheet.

Section 11.156 Jury Leave – Notice
When an employee is called for jury duty, he or she shall be granted leave for this purpose upon presenting the jury notice to his or her department head. The department head shall notify the Personnel Director.

Section 11.156.1 Pay
A regular full-time employee is entitled to receive jury leave with full pay if he or she remits to the city compensation received from duty. Compensation for mileage is not considered compensation for jury duty. The employee may elect to retain jury duty compensation, but if he or she does so he or she is not entitled to salary while on jury leave. The time spent on jury duty is not work time for the purpose of calculating overtime.

Section 11.156.2 Without Pay
An employee who is not a regular full-time employee takes jury leave without pay.

Section 11.156.3 Partial Day
If jury duty permits, the employee is expected to work a partial day.

Section 11.167 Military Leave
Military leave shall be granted in accordance with the provisions of federal and state law.

Employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken. Employees who served in the U.S. military organizations or state militia groups may take the necessary time off with pay to fulfill this obligation. These employees may apply accrued personal leave and unused earned vacation time to the leave if they wish; however they are not obliged to do so.

Reinstatements of individuals returning from military leave shall be done in accordance with the Military and Veterans Code of California.

Employees are eligible for reemployment after completing military service, provided the employee provides copies of the military orders to the department head upon receipt; military service is entered directly from employment with the City and active duty service is satisfactorily completed; and re-employment is applied for and take place within ninety (90) days after discharge from active duty. If you are returning from up to six (6) months active duty for training, you must apply within thirty (30) days after discharge.

August 08, 2023 Regular Meeting of the Lindsay City Council

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Section 11.178 Family and Medical Care Leave
Section 11.8.1 Statement of Policy
The City provides family and medical care leave for eligible employees as required by federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use family and medical care leave are not protected by statutory job restoration or maintenance of health benefits provisions.

This policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), the California Family Rights Act (“CFRA”), and state and federal regulations implementing both Acts. Unless otherwise stated in this policy, “Leave” means leave pursuant to the FMLA and/or CFRA. To the extent permitted by law, the City will run each employee’s FMLA and CFRA leaves concurrently.

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.

Section 11.8.2 11.17.1 Definitions
A. “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.

B. “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.

A.C. “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling.

D. B. “Child”:
a. Under the FMLA, “child” means a child under the age of 18 years of age, or 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. A child is “incapable of self care” if he/she requires 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.

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a.b. Under the CFRA, “child” means a child of another person regardless of age or capacity for self care. An employee’s child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

E. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship, identified by an employee in advance or at the time the employee requests the leave. An employee may identify only one “designated person” in one 12-month period.

F. C. “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.

B.G. “Parent-in-law” means the parent of a spouse or domestic partner of the employee.

C.H. D. “Spouse” means one or two persons to a marriage, regardless of the sex of the persons. For purposes of CFRA leave, “spouse” includes a registered domestic partner as defined below.“Spouse” means a husband or wife as defined or recognized under California State law for purposes of marriage.

I. E. ““Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.Domestic Partner,” as defined by Family Code §§ 297 and 299.2, shall have the same meaning as “Spouse” for purposes of CFRA Leave.

J. “Grandparent” means a parent of the employee’s parent.

K. “Grandchild” means a child of the employee’s child.

L. “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

C.

D.M. F. “Serious health condition” means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care (i.e., an overnight stayadmission to a facility that includes or is expected to include 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 there from); or

2. 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:

August 08, 2023 Regular Meeting of the Lindsay City Council

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a) 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:
i) 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 ii) 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.
b) Any period of incapacity due to pregnancy or for prenatal care (Note: FMLA only; under California law, an employee
incapacitated by pregnancy is entitled to pregnancy disability leave, not CFRA leave; see Section 11.10 below).
c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
i) 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;
ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii) 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.
d) 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.

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e) Any period of absence to receive multiple treatments (including any period of recovery there from) 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.

G. “Health Care Provider” means:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;

2. 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;

3. 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;

4. 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;

5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. 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.

H. “Covered active duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain conditions as specified by regulation. “Active Duty” means a duty under a call to order of active, retired, reserves, or National Guard members of the United States Armed Forces by law or any other provision of law during a war or national emergency declared by the President or Congress.

I. “Contingency Operation” means a military operation that is (1) designated by the Secretary of Defense as an operation in which members of the United States Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military August 08, 2023 Regular Meeting of the Lindsay City Council

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force; or (2) that results in the call to order of active duty members of the United States Armed Forces by law or any other provision of law during a war or national emergency declared by the President or Congress.

J. “Covered Servicemember” means (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy a member of the United States Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, in otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

K. “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatientsthe status of a member of the United States Armed Forces assigned to: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

L. “Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA“Next of Kin” means the nearest blood relative of an injured servicemember.

M. “Serious Injury or Illness” means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteranmeans an injury or illness incurred by a member of the Armed Forces in the line of duty on active duty that may render August 08, 2023 Regular Meeting of the Lindsay City Council

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the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

Section 11.17.211.8.3 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. Leave to care for a child, parent, or spouse, or domestic partner who has a serious health condition;

4. (CFRA only) Leave to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or designated person who has a serious health condition.

5. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position;

56. Leave for a “qualifying exigency” may be taken arising out of the fact that an employee’s spouse, son, daughter, or parent is on covered active military duty or has been notified of an impending call or order to covered active duty status in the National Guard or Reserves in support of a contingency operationactive duty in support of a contingency operation involving the United States Armed Forces; or

7. (CFRA only) Leave for a “qualifying exigency” arising out of the fact that an employee’s domestic partner is on covered active duty or has been notified of an impending call or order to covered active duty status in the National Guard or Reserves in support of a contingency operation.

68. Leave to care for a spouse, son, daughter, parent, or “next of kin” servicemember of the United States Armed Forces who has a serious injury or illness that (a) was incurred in the line of duty while on active military duty, or (b) existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. T(this leave can run up to 26 weeks of unpaid leave during an employer’s 12-month period).

Section 11.17.311.8.4 Employees Eligible For Leave
An employee is eligible for leave if the employee:

1. Has worked for at least 12 months; and

2. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

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Section 11.17.411.8.5 Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for an injured servicemember) of leave during any 12-month period.

A. 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 year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks.

However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, designated person, or the employee him/herselfthemselves 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.

B. Spouses Both Employed By Thethe City (FMLA only)
Spouses who are eligible for FMLA leave and who are both employed by the City may be limited to a combined total of 12 weeks of leave during any 12- month period if the leave is taken for birth of the employee's son or daughter or to care for the child after birth, for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement, or to care for the employee's parent with a serious health condition.

Spouses who are eligible for FMLA leave and who are both employed by the City may be limited to a combined total of 26 workweeks of leave during the single 12-month period described in Section 11.8.2(B) if the leave is taken for birth of the employee's son or daughter or to care for the child after birth, for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement, to care for the employee's parent with a serious health condition, or to care for a covered service member with a serious injury or illness.

In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 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).

In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12-month period if leave is taken to care for an injured servicemember.

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The above limitations apply only where leave is solely protected by the FMLA for one of the specified reasons, and do not apply to leave that qualifies under the CFRA or to FMLA leave taken under any other circumstancesExcept as noted above, this limitation does not apply to any other type of leave under this policy.

Section 11.7.511.8.6 Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City group health insurance to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will extend for the duration of pregnancy disability leave (see Section 11.10 below) and during any FMLA/CFRA leave.

The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. HoweverAs a result, employees will not continue to be covered under the City’s other non-health benefit plans which that are not provided pursuant to the City’s group health plans while the employee is on unpaid leave.

Employees may make the appropriate contributions for continued coverage under the preceding non-health benefit plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave)plans by payroll deductions or direct payments made to these plans. Depending on the particular plan, the City will inform you whether the premiums should be paid to the carrier or to the City. Your coverage on a particular plan may be dropped if you are more than 30 days late in making a premium payment. However, you will receive a notice at least 15 days before coverage is to cease, advising you that you will be dropped if your 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.

If an employee fails to return to work after his/her 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 his/her 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.).

Section 11.17.611.8.7 Substitution of Paid Accrued Leaves Although family and medical care leave under this policy is unpaid, While on leave under this policy, as set forth herein, an employee may elect and the City will require an employee to concurrently use paid accrued leaves as described below. 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 nonFMLA/CFRA leave which is FMLA/CFRA-qualifying.

A. A. Employee’s Right To Use Paid Accrued Leaves Concurrently With Family Leave:

An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, parentAugust 08, 2023 Regular Meeting of the Lindsay City Council

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in-law, spouse, domestic partner, child, grandparent, grandchild, or sibling.Where an employee has earned or accrued paid vacation, administrative leave, compensatory time, or personal or family leave (if applicable to your agency, this is referring to paid family leave; some agencies permit employees to use a certain number of sick leave days for family leave purposes), that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy.

As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:

1. The leave is for the employee’s own serious health condition; or

2. The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health condition, and would be permitted as sick leave under the City’s sick leave policy.

B. City’s Right To Require An Employee To Use Paid Leave When Using FMLA/CFRA Leave
Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions:

1. Employees Where an employee is on leave and is eligible for a disability leave benefit, pursuant to a disability plan, that pays a portion of the employee’s salary, the employee may agree to – but is not required to – use paid leave to cover the unpaid portion of their salary; are not required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act; and

2. An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, or sibling.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.

C. 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 and firefighters who are on paid industrial injury leave pursuant to Labor Code § 4850.

D. 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 August 08, 2023 Regular Meeting of the Lindsay City Council

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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.

Section 11.17.711.8.8 Medical Certification
A. Content of Certification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:

1. Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.

2. Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, or sibling who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care.

Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

3. Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

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4. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

Employees who request leave for their own serious health condition or to care for a child, parent or a spouse 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 his/her position.

Employees who request leave to care for an injured service member who is a child, spouse, parent, or “next of kin” of the employee must provide written certification from a health care provider regarding the injured service member’s serious injury or illness.

AB. 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 it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 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.

BC. 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.

C. 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. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider’s opinions when there is a recertification.

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D. Personnel Director’s Review of Certification for Employee’s Own Serious Health Condition
Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive.

If the certification is incomplete or insufficient, the Personnel Director will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.

Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Director may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Director may not ask for additional information beyond that required on the certification form.

E. Second and Third Medical Opinions for Employee’s Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City.

If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

F. 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 to care for an immediate family member with a serious health condition{"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.

Section 11.17.811.8.9 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 30 days’ notice is required. In addition, if an employee August 08, 2023 Regular Meeting of the Lindsay City Council

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knows that he/she 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 his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. If the City determines that an employee failed to provide timely notice of a foreseeable leave, absent an emergency need’s notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the start granting of the leave until it the City can, in its discretion, adequately cover the position with a substitute.

Section 11.17.911.8.10 Reinstatement Upon Return From Leave (a) Reinstatement to Same or Equivalent Position:A. Right To Reinstatement (b)
(a) 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.
(c) I
(d)
(b) 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 business days, where feasible, after the employee notifies the employer of his/her readiness to return. (c) 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. (d) 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 stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
(e) Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) 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’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. This provision applies to FMLA leave only, and does not apply during or upon the expiration of CFRA leave.

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Section 11.8.11 Required Forms
Employees must complete any applicable forms to receive family and medical care leave. The forms are available from the Human Resources Department.

Section 11.1811.9 Authorized Leave of Absence Without Pay A department head may grant an employee a leave of absence without pay for not more then ten (10) days when it is in the best interest of the city, and on approval of the City Manager. Any leave of absence in excess of ten (10) days can only be granted by the City Manager.

Section 11.189.1 Return From Leave
Return from leave:
(a) Failure of an employee to return to duty upon the termination of authorized leave of absence is an unauthorized leave of absence and is cause for discharge. (b) Upon return an employee may be required to submit to medical examination to determine whether or not he/she is still capable of performing the duties of his/her position. When a physical examination discloses that an employee is not physically capable of performing his/her duties, the City shall offer him/her any vacant position in the city for which he/she is qualified. If an employee is no longer physically capable of performing the duties of a vacant position, he or she shall be terminated.

Section 11.1910 Pregnancy Disability Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leaveup to four months.

Section 11.1910.1 Notice & Certification Requirements

1. Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice and must be approved by the employee’s supervisor or department director before the leave begins. The request must be supported by a written certification from the attending physician stating (1) that the employee is disabled from working by pregnancy, childbirth or a related medical condition, (2) that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave. The certification must state the expected duration of the disability and the expected date of return to work.

2. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department director prior to being taken. Requests for an extension of leave must be submitted in writing to the department director prior to the agreed date of return and must be supported by a written certification August 08, 2023 Regular Meeting of the Lindsay City Council

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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 months.

Section 11.1910.2 Compensation During Leave
Pregnancy disability leaves 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.

Section 11.1910.3 Benefits During Leave

1. Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA and/or CFRA.An employee on pregnancy disability leave 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, 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 pregnancy disability leave.

2. An employee on pregnancy disability leave 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.

32. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave.

3. Employee Status during Leave: The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions
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Section 11.1910.4 Reinstatement

1. Upon the expiration of pregnancy leave, and the City’s receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or a comparable n equivalent position, so long as it was not eliminated for a legitimate business reason during the leave.

2. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position.

3. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation.

4. An employee who fails to return to work after the termination of her leave loses her reinstatement rights.

Section 11.2011 Unauthorized Leave of Absence
An unauthorized leave of absence is treated as time not worked.

Section 11.21 Deduction
For an unauthorized leave of absence, the City shall deduct from the employee’s pay an amount equal to time absent.

Section 11.2212 Sick Leave Donations
In the event, an employee is unable to work due to catastrophic illness or, surgery (either their own or that ofa qualifyingof a qualifying family member), City employees may donate their accrued sick leave to another employee under the following conditions:
• Employee will be out of work in excess of two weeks (80 hours). • The sick/injured employee has exhausted all of his/her accrued sick, vacation, and compensatory time.
• Individual employees may donate sick leave hours, which are in excess of forty (40) accrued hours with a cap of twenty (20) hours per fiscal year. • Employees, who are terminating their employment with the City, may not donate their sick leave hours to another employee.
• Any employee requesting a donation of sick leave hours shall submit a written request to the Department head requesting authorization to obtain the donation of sick leave hours from their fellow employees.

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• Once hours are donated and received, the donation is irrevocable.

Section 11.2313 Leave Requests
The following procedure shall apply for all leave requests other than for sick leave:

A) Leave requests shall be made in writing using the City of Lindsay Leave Request Form, which will be available at each department work site. No leave will be considered approved until the form is signed by the employee’s department head or his/her designee and a copy of the form is returned to the requesting employee.

B) Vacation requests should be made at least two weeks in advance. In those cases where multiple employees are requesting the same time period off, the order in which the requests are received shall determine which employee employees are granted vacation leave.

C) Special request for one day off which was not a planned vacation may be made at any time prior to the day to be taken. The leave request form must be submitted and approved prior to the employee taking the day off.

D) Upon receiving a leave request, the department head shall approve/deny the request and forward a copy to the requesting employee and to the finance department. In the case of denial, the department head shall indicate on the form the reasons for the denial.

E) Employees who are denied a leave request may appeal to the Personnel Director.

Section 11.2414 Temporary and Part TimePart-Time Employees Not Eligible Temporary employees, including emergency and extra help employees, are not eligible for paid benefits, including paid leaves of absence unless the law requires otherwise. Part tim Parttimeetime employees are not eligible for benefits or leaves of absence other than vacation after five years of service.

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TRANSFER AND DEMOTION
Section 12.1.1 Involuntary Transfer
The City may initiate employee transfers when the transfer is in the best interest of the City. City initiated transfers shall not serve the required probationary period in accordance with Rule 9.

Upon approval of the Personnel Director and City Manager, the department head may transfer an employee anytime from one position to another position in a comparable class where the salary range is the same, involves the performance of similar duties and requires substantially the same basic qualifications. However, the employee shall be consulted prior to any transfer. Any employee who is transferred from one position to another position in the same or similar class shall be compensated at the same step and salary range the employee received in the previous position. The salary anniversary date shall not change. Employees may appeal the transfer within five (5) days to the City Manager whose decision is final.

Section 12.1.2 Voluntary Transfer
An employee’s request for transfer to another type of work or department normally will be considered only after successful completion of the probationary period. Employees requesting a transfer shall submit a memorandum to the Personnel Director and City Manager detailing the request for transfer and reasons for the request. Upon receipt of the transfer request, the Personnel Director will notify the employee’s Department Head. Job performance, qualifications, attendance, and other factors shall be evaluated to ensure the most effective use of the employee’s capabilities in evaluating the transfer request. The Personnel Director will communicate to the employee whether the request is granted. When the foregoing factors are substantially equal, transfers shall be determined by City seniority. Employees transferred to a vacant position at their request shall serve a new probationary period in accordance with Rule 9.

If the transfer involved a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer.

Transfer A transfer shall not be used to effectuate a promotion or demotion, each of which may be accomplished only as provided in the personnel rules and regulations.

Section 12.2 Demotion
The City Manager may demote an employee for disciplinary purposes. No employee shall be demoted to a position who for which they dodoes not possess the minimum qualification.

Disciplinary demotion action shall be in accordance with Rule 14.

Demotion is the removal of an employee from his or her present position to a lower payinglowerpaying position... A Department Head may request the City Manager demote an employee for any of the following reasons:
(a) At the request of an employee, provided the employee possesses the minimum qualifications for the demoted position.
(b) Failure to meet the job-related standards of a promotional probation. (c) For disciplinary actions (see Rule 14).

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(d) For displacement.

Employees requesting a voluntary demotion shall submit a memorandum to the Personnel Director and City Manager detailing the request for voluntary demotion and reasons for the request. Upon receipt of the request for voluntary demotion, the Personnel Director will notify the employee’s department head. If the request for voluntary demotion involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the demotion. Employees demoted at their own request shall be placed at the same step unless another step is mutually agreed to. If the employee has held regular status in the classification to which he or she is voluntarily demoted, probation can be waived upon approval of the City Manager.

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SEPARATION FROM SERVICE
Section 13.1 Abandonment of Position
An employee may be separated from employment if the employee fails to report for duty and is absent from work without approved leave for more than three consecutive work shifts, or fails to report for work upon the expiration of a vacation or a leave of absence where the employee did not notify his or her department head of the reason for the absence. This will be deemed to be a resignation and may result in termination of employment. The Personnel Director shall provide written notice of the proposed action to be taken due to the abandonment to the employeeemployees at the last known address. Said notice shall provide the employee the Skelly prep disciplinary due process. process
Section 13.2 Disciplinary Action
An employee may be separated from employment for disciplinary reasons by the City Manager as provided in Rule 14.

Section 13.3 Layoff
An employee may be separated from employment because of changes in duties or organization, abolishment of position, shortage of work, or funds.

Section 13.3.1 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal.

Section 13.3.2 Notification
Employees to be laid off will be given, whenever possible, at least fourteen (14) calendar days prior notice.

Section 13.3.3 Order of Layoff
Employees will be laid off in the inverse order of their seniority in their classification in the department. Seniority is determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City’s judgment, retention of special job skills are required. Within each class, employees will be laid off in the following order, unless special skills are required: temporary, part-time, probationary, and regular. In cases where there are two or more employees in the classification in the department from which the lay off is to be made who have the same seniority date, such employees will be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, as follows:

First, all employees having ratings of “improvement needed;” second, all employees having ratings of “competent;” third, all employees having ratings of “outstanding.” RULE
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Section 13.3.4 Re-employment Rights for Laid-off Employees Regular employees, who have received a satisfactory or better evaluation for the 12 months prior to lay offlayoff, have completed their probationary period and who have been laid off shall be automatically placed on a re-employment list for two (2) years for the classification from which they were laid off.

Section 13.4 Resignation
An employee wishing to leave employment in good standing shall file with the City Manager a written resignation stating the effective date and reasons for leaving, at least two weeks before leaving the service, unless approval for a shorter notice is obtained. Resignation shall be deemed accepted upon submission. A resignation made with the notice required may be regarded as cause for denying the resigning employee future employment with the City, and is a resignation not in good standing.

Section 13.5 Disability and Disability Accommodations
An employee may be separated for disability when the employee cannot perform the essential functions of the job. The City may separate a disabled employee if the employee cannot perform the essential functions of the job with reasonable accommodation. (NOTE: ADD REASONABLE ACCOMMODATION POLICY – PAGE 13).

A. POLICY
The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. The City may separate a disabled employee if the employee cannot perform the essential functions of the job with reasonable accommodation.

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 Human Resources Department. The request must identify: a) the jobrelated functions at issue; and b) the desired accommodation(s).

2. Reasonable Documentation of Disability
Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability.

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 jubjob with or without reasonable August 08, 2023 Regular Meeting of the Lindsay City Council

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accommodation. The City may also require that a City-approved physician conduct the examination.

4. Interactive Process Discussion
After receipt of reasonable documentation of disability and/or a fitness for duty report, the City will arrange for a discussion, in person or via telephone conference call, with the employee, and his or her representative(s), 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
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 employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing.

Section 13.6 Retirement
Retirement from employment shall be subject to the terms and conditions of the City’s retirement plan. Whenever an employee meets the conditions set forth in the City’s retirement plan regulations, they may elect to retire and receive benefits earned under the retirement plan.

Section 13.7 Death of Employee
In the event of a death of an employee, payment of earned wages due shall be in accordance with the laws of the state. Unless otherwise provided by law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee. If no beneficiary has been designated, any funds due shall be paid to the deceased employee’s surviving spouse or domestic partner. In the absence of a surviving spouse or partner, such payment shall be made to the employee’s children. In the absence of children, such payment shall be made to the estate of the deceased employee.

Section 13.8 Return of City-Owned Property
The department head is responsible for the return of city-owned property by the employee leaving the service of the city. The employee shall return the property before he or she is entitled to receive his/her final salary check.

Section 13.97 Exit Interviews
Whenever possible, the Personnel Director shall conduct exit interviews with employees upon separation from employment.

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DISCIPLINARY PROCEDURES
Section 14.1 Policy
The City’s policy on disciplinary actions is founded on the premise that the actions are to be corrective, and any disciplinary actions should reinforce and shape employee behavior in the reasonable and necessary direction actualizing to actualize the City’s goals.

The tenure of every employee shall be based on reasonable standards of person conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action.

Disciplinary actions should be progressively more severe, and commensurate with the seriousness of the offense and with due consideration of the employee’s prior performance record. However, the City may disregard progressive discipline for a serious offense. A serious offense may result in severe discipline. All suspensions, demotions, reductions in salary and terminations of persons with regular status shall be made according to these rules. Employees who are probationary, temporary, part time, or serve pursuant to a contract may be disciplined at any time without cause or right of appeal unless their contract provides otherwise.

Section 14.2 Basis for Disciplinary Action
Basis for disciplinary actions include, but shall not be limited to, the reasons listed below and in accordance with procedures listed in these rules.
(a) Failure to meet work performance standards and requirements; unsatisfactory or careless work; failure to meet production or quality standards as given by employee’s supervisor; or mistakes due to carelessness or failure to get necessary instructions.
(b) Discourteous or disrespectful treatment of other employees, citizens, suppliers, or visitors, or treatment, behavior which does not foster cooperation. (c) Insubordination or refusing to obey supervisor’s directions pertaining to work;, refusal to perform assigned work; or to follow a direct order; or insulting or demeaning the authority of a supervisor or manager.
(d) Willful or negligent disobedience of any law, City or department rule or regulation.
(e) Failure to maintain a neat and clean appearance in terms of the standards established by the employee’s supervisor; any departure from accepted conventional modes of dress or personal grooming; or wearing improper or unsafe clothing.
(f) Excessive use of City telephone for personal calls. (g) Posting, removing or altering notices on any bulletin board on City property without permission of an officer of the City.
(h) Soliciting during working hours and/or in working areas;’ selling merchandise or collecting funds of any kind for charities or others without authorization during RULE
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business hours, or at a time or place that interferes with the work of another employee on City premises.
(i) Conducting a lottery or gambling on City premises.
(j) Misappropriation or damage of public property or waste of public funds or property through negligent or willful misconduct.
(k) Absence without approved leave; leaving work stationworkstation during work hours without supervisor’s permission, except to use the restroom; leaving work before the end of a workday or not being ready to work at the start of a workday without supervisor’s approval; or stopping work before time specified for such purposes.
(l) Failure to report an absence or late arrival; excessive absenteeism; or tardiness. (m) Practicing deception or fraud in the securing of a job appointment or promotion; or failure to supply full information as to character, reputation, or acts which, if known at the time of appointment might have resulted in a disqualification of the employee for the job to which appointment was made.
(n) Falsification or misrepresentation of a relevant official statement, document, reports or records, and employment application, including the omission of information in an attempt to deceive or mislead, or the willful omission of information that, if known, could affect the outcome.
(o) Misappropriation of found property; theft of City property or the property of other employees; unauthorized possession or removal of any City property, including documents, from the premises without prior permission from management; unauthorized use of City equipment or property for personal reasons; or using City equipment for profit.
(p) Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity Violating the non-disclosure agreement; giving confidential or proprietary City information to other organizations, to unauthorized employees, or to anyone whom issuance of such information has not been authorized; breech of confidentiality of personnel information; or removing the contents of any official record, report, document or other written matter, current or completed.
(q) Lying about sick or personal leave; falsifying reason for a leave of absence or other data requested by the City; or alteration of City records or other City documents.
(r) Failure to use or alteration of time cards, attendance documents or other records; altering such records of another employee, or causing someone to alter such records which is considered theft of time.
(s) Neglect of duties.

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(t) Being intoxicated or under the influence of intoxicants, drugs or narcotics while at work; or use, possession or sale of such in any quantities while on City premises except medications prescribed by a physician, which do not impair work performance. Possessing or using alcohol in City offices or facilities. (u) Smoking while on duty in an area where smoking is prohibited or at nondesignated times, as specified by department rules. (v) Incompetency.
(w) Inefficiency.
(x) Dishonesty.
(y) Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging in other to do the same. (z) Improper withdrawal or limitation of service or any action that interferes with or is disruptive of the City mission or the public service. (aa) Any act or statement, oral or written, which tends to bring the City, it’s employees or officers into disrepute or ridicule.
(bb) Use of coarse, obscene, profane, or insolent language or gestures to any Other employee or the public; indifference or rudeness towards the public or any other employee; or any disorderly/antagonistic conduct on City premises. (cc) Sleeping while on duty; or loitering or loafing during working hours. (dd) Improper political activity.
(ee) Unauthorized possession of dangerous or illegal firearms, weapons or explosives on City property or while on duty, or displaying or brandishing any firearm or weapon, whether in jest or otherwise, in any manner which can be construed as careless, threatening or dangerous except in the performance or of official duties. (ff) Receiving or accepting, directly or indirectly, any money, gift, reward, service, gratuity, favor, hospitality, loan or other consideration for any service or official action rendered by the employee, without first securing the written permission from the City Manager.
(gg) Use of influence of position with the City for private gain or advantage, or the use of time, facilities, equipment or supplies for private gain or advantage. (hh) Engaging in an act of sabotage; or negligently causing the destruction, damage, loss or misuse of City property, or the property of any employees, customers, suppliers, or visitors; or the failure to immediately report damage, loss or an accident involving City equipment.

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(ii) Negligence or any careless action which endangers the life or safety of another person; willful violation of security or safety rules or failure to observe safety rules or safety practices; failure to wear required equipment; or tampering with safety equipment or other devices.
(jj) Negligence or any careless action which endangers the life or safety of another person; willful violation of security or safety rules or failure to observe safety rules or safety practices; failure to wear required equipment; or tampering with safety equipment or other devices.
(ll)(jj) Fighting, or horseplay, or provoking a fight while on duty. (mm)(kk) Conviction of a felony or misdemeanor when there is a nexus to the workplace. The word, “convicted’ shall be construed to mean pleas of guilty, or nolo contendere, regardless, of whether any sentence is imposed by the court. (nn)(ll) Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on City premises or when representing the City. (oo)(mm) Threatening, intimidating or coercing other employees on or off the premise at anytime, for any purpose.
(pp)(nn) Immoral conduct or indecency on City property; or failure to exhibit acceptable behavior either during or outside duty hours such that the employee’s ability to perform his or her duties is impaired; or the ability of the City to perform its’ mission is or may be impaired; or causes the discredit to the City. (qq)(oo) Refusal to take and subscribe any oath or affirmation, which is required by law in connection with employment.
(rr)(pp) Unlawful discrimination, harassment or retaliation. (ss)(qq) Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the CityConflict of interest. (tt)(rr) Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment Any deliberate action that is extreme in nature and is detrimental to the City’s efforts to operate efficiently. (uu)(ss)Working overtime without authorization or refusing to work assigned overtime. (vv)(tt) Any violation or action inconsistent with these personnel system rules or officially promulgated City rules, regulations or policies.

Section 14.3 Types of Discipline
The following are types of counseling, reprimands and discipline which the City may impose:The following procedures shall be followed when, in the judgment of the department head, an employee has committed an act or omission that justifies disciplinary action. Disciplinary actions may range from informal conversations to formal termination. A typical progressive sequence of disciplinary actions used by the City is:

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1. Counseling: The immediate supervisor usually counsels the employee.

Counseling is informal discussion with an employee designed to assist the employee to fully develop his or her skills and abilities. The discussion may include, but shall not be limited to, clarifying standards, setting expectations and areas of concern, seeking information, or problem solving. Counseling is usually the action taken to assist the employee in clarifying the need for improvement.

To provide both the supervisor and employee with a permanent record of a counseling, a written memo may be sent to the employee to clarify verbal agreements and the need for possible behavior change. No record of the counseling is placed in the employee’s permanent personnel file unless disciplinary action of at least a written reprimand is later issued on the same problem.

A counseling memo is not considered “punitive action” under the Public Safety Officers Procedural Bill of Rights Act

2. Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.

A verbal reprimand will be documented in writing and retained in the supervisor’s file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the discipline or discipline appeal procedures described below.Oral reprimand: The oral warning notifies the employee that his or her performance or behavior must be improved. Oral warnings are given by supervisors when counseling has failed to produce the desired change.

The warning shall define the areas in which improvement is required, set goals leading to this improvement, and shall inform the employee that failure to improve will result in more serious action. To provide both the supervisor and employee with a permanent record of a specific violation, a written memo may be sent to the employee confirming the conversation. The memo shall state the offense and consequences if corrective action is not taken. No record is placed in the employee’s permanent personnel file unless subsequent action is necessary.

5.3. Written reprimand: A written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.warning is a formal notice to an employee of a performance or conduct problem.

The content of the written warning shall define what occurred, the date and time of event which is the cause of the reprimand, what was violated by the employee, what the employee is directed to do to correct the situation, and the employee’s right to respond in writing within five (5) working days of the reprimand. The written reprimand shall be signed by the employee’s supervisor, or department head, countersigned by the employee, and filed with the personnel officer. If the employee refuses to sign, it this shall be noted as such on the memorandum.

When the written warning is issued, the employee, shall receive one copy with both signatures affixed and a copy will be placed in the employee’s permanent personnel file. The employee has the right submit a written rebuttal to the August 08, 2023 Regular Meeting of the Lindsay City Council

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Personnel Director or designee within 5 working days. Such rebuttal shall be attached to and stored alongside the reprimand in the employee’s personnel file along with the employee’s response if any. Unless required by law, a written reprimand is not subject to the discipline or discipline appeal procedures described below.

6.4. 4. Suspension Without Pay: A department head may suspend an employee from his or her position without pay for cause. Documents related to a suspension shall become part of the employee’s personnel file when the discipline is final. An employee subject to suspension will receive prior written notice and right of appeal as provided herein. Employees who are exempt from FLSA overtime requirements will only be subject to suspension where a suspension is consistent with FLSA regulations.

7.5. 5. Demotion: A department head may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the discipline is final. An employee subject to demotion will be entitled to prior written notice and right of appeal as provided herein.

8.6. 6. Reduction in Pay or Paid Leave Accruals: A department head may reduce an employee’s pay or paid leave 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; or (3) loss of accrued paid vacation or administrative leave, floating holiday, or other general-purpose paid time off.

Documents related to a reduction in pay shall become part of the employee’s personnel file when the discipline becomes final. An employee subject to a reduction in pay is entitled to prior written notice and right of appeal as provided herein. Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of accrued vacation, floating holiday, or administrative leave.

9.7. 7. Discharge: A department head may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an employee’s personnel file when the discipline becomes final. A discharged employee is entitled to prior written notice and right of appeal as provided herein.

Section 14.4 Written Notice of Intent to Discipline
Only regular, for-cause employees have the right to the conference and appeal process outlined in Sections 14.4, 14.5, and 14.6. Written notice of the proposed disciplinary action (Suspension, Demotion, Reduction Inin Pay, or Termination) shall be given to the employee. Such notice shall include:
(a) A statement which clearly defines the intent to take action, the proposed action to be taken and the effective beginning and ending time of intended action. (b) A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.

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(c) A copy of all written materials, reports or documents upon which the intended discipline is based.
(d) A statement with the date and time of the Skelly conference with the department head.
(f)(d) A statement that the employee will be afforded the right to respond, either orally, in writing, or both within five (5) working days upon receipt of the intended disciplinary action, to the department head, either by requesting a Skelly conference, by providing a written response, or both.
(e) The date and time of the Skelly conference with the department head. (f) Notice that the failure to respond within five (5) working days shall constitute a waiver of the right to respond prior to the imposition of discipline. (g) Notice of the employee’s right to have a representative of their choice at the Skelly conference.

The employee’s signature on the notice of intent to render discipline shall acknowledge receipt of said notice by the employee. If the employee refused to sign it shall be noted as such on the notice of intent to discipline. The signature documentation on said notice shall acknowledge that the employee received the notice.

Section 14.5 Employee Response
Within five (5) working days the employee shall have the right to respond, in writing, or at the conference to the department head concerning the proposed action (Suspension, Demotion, Reduction in Pay, Termination).

If, within the five (5) working days response period, the employee, does not indicate a desire to participate in the pre-disciplinary Skelly process, the proposed action of the City should be considered conclusive and shall take effect as prescribed.

The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause his or her 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.

Section 14.6 Final Notice of Discipline
Within 5 calendar days of receipt of the employee’s timely written response or within 5 calendar days of the conference, the department head will (1) dismiss the notice of intent and take no disciplinary action against the employee, (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department head will prepare and provide the employee with a notice that contains the following:

Formatted: No bullets or numbering
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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 facts 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 and deadline to appeal.

Section 14.7 Relief of Duty
The Personnel Director, or their designee, may place the employee on administrative leave with pay pending the completion of an investigation or opportunity to respond as may be required to determine if disciplinary action is to be taken. In the event of an oral notice, the City Manager shall confirm the action by giving the employee written notice. In the event that the Personnel Director has a conflict of interest, the Finance Director will determine, and confirm with the City Manager, whether it is appropriate to place an employee on administrative leave.

Section 14.8 Appeal
An employee, who desires to appeal to the City Manager or designee shall inform the Personnel Director, or their designee, in writing within five (5) days of the department head’s decision.

The City Manager or designee shall hear the appeal within sixty (60) days after the employee informs the Personnel Director, or their designee. In the event that the Personnel Director has a conflict of interest, the employee shall notify the Finance Director of its desire to appeal.

Section 14.8.1 Request for Appeal Hearing
A regular, for-cause employee may appeal from a final notice of discipline in the form of suspension, demotion, reduction in pay, or termination by delivering a written answer to the charges and a request for appeal to the Personnel Director, or their designee, who will forward the appeal to the City Manager. The written answer and request for appeal must be received no later than 10 calendar days from the date of the department director’s decision. In the event that the Personnel Director has a conflict of interest, request for an appeal hearing should be delivered to the Finance Director.

Section 14.8.2 Date and Time of the Appeal Hearing
The City Manager will set a date for an appeal hearing before himself/herself or the designee within a reasonable time after receipt of a timely request for appeal but no later than sixty (60) days. An employee who, having filed a timely 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 be deemed to have abandoned his or her appeal. In such a case, the City Manager may dismiss the appeal.

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or has a conflict of interest. In those cases, the appeal hearing officer shall be an impartial individual designated by the City Council.

Section 14.8.3 Identification of Issues, Witnesses and Evidence No later than 10 days prior to the appeal hearing, each party will provide each other and the City hearing officer Manager or designee 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 who 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 Personnel Board will state at the beginning of the hearing the decision as to the precise issue(s) to be decided.

Section 14.8.4 Conduct of the Appeal Hearing
a. Subpoenas
The hearing officerCity Manager or designee has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving his/her/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. b. Continuances
The hearing officer City Manager or designee may continue a scheduled hearing only upon good cause shown.
c. Record of the Proceedings
All disciplinary hearings may, at the discretion of the parties, be either recorded by a court reporter or tape recorded. Any party who requests a transcript of the proceedings must pay for his/ her/ its own copy of a transcript.
d. The City Manager’s (or designee’s) Hearing Officer’s Authority During the Hearing The hearing officer City Manager or designee has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline, but shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Policies. e. Conduct of the Hearing
i. 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 August 08, 2023 Regular Meeting of the Lindsay City Council

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Manager or designeethe hearing officer, decides is the most conducive to determining the truth.
ii. 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. iii. 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. iv. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. v. Irrelevant and unduly repetitious evidence may be excluded. vii. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. viii. All witnesses shall be sworn in for the record prior to testifying at the hearing. f. Burden of Proof at the Hearing
The City has the burden of proof by a preponderance of the evidence. g. Right to Due Process
The employee shall have the following due process rights during the hearing:
i. The right to be represented by legal counsel or another chosen representative, at his or her own expense;
ii. The right to call and examine witnesses on his or her behalf; iii. The right to introduce evidence;
iv. The right to cross-examine opposing witnesses on any matter relevant to the issues;
v. The right to impeach any witness regardless of which party first called him or her to testify; and
vi. The right to rebut evidence against him or her.
i. Presentation of the Case
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All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or the hearing officerCity Manager or designee. The hearing shall proceed in the following order unless the hearing officer City Manager or designee directs otherwise:
i. The City shall be permitted to make an opening statement. ii. The employee shall be permitted to make an opening statement. iii. The City shall produce its evidence.
iv. The employee shall produce his or her evidence.
v. The City, followed by the employee, may offer rebuttal evidence. vi. Closing arguments of no more than 20 minutes shall be permitted at the discretion of the hearing officerCity Manager or designee. 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. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Board.
k. Written Briefs by the Parties
The hearing officer City Manager or designee or the parties may request the submission of written briefs. The hearing officer City Manger or designee will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.

Section 14.8.5. Written Findings and Decision
The hearing officer City Manager or designee shall render a statement of written findings and recommended decision within 14 days after the hearing has been completed and the briefs, if any, have been submitted.

If the City Manager was neither the appeal hearing officer or the Skelly officer the City Manager shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. In such case, or if the City Manager was the hearing officer, the City Manager’s The decision is final. There is no process for reconsideration.

If the City Manager was the Skelly officer, the City Council shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the City Council is final.

There is no process for reconsideration.

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Section 14.8.6. Proof of Service of the Written Findings and Decision The City Manager City Manager or designee shall send its the 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.

Section 14.8.8. Judicial Review; Statute of Limitations The City Manager’s (or designee’s) written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Tulare.

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CITY – OWNED EQUIPMENT
Section 15.1 Motor Vehicles – Use
Each city vehicle may be used only on city business and shall be stored in prescribed locations on city property when not in use. Normally, only the City Manager and a department head are allowed to take a vehicle home. The City Manager may make exceptions.

Section 15.2 Assignment
The City Manager shall assign each vehicle into the custody of a department head. The department head is responsible for proper use and safeguarding of that vehicle.

Section 15.3 Operation
Only an employee may operate a city vehicle. No officer or employee shall allow an unauthorized person to rent, borrow or use a city vehicle or permit a hitchhiker or other person not having business with the city to ride in a vehicle. An employee operating a city vehicle who is involved in an accident must report the accident immediately to the police department and the Personnel Director. No city employee may drive a city vehicle who does not have in his/her possession a valid driver’s license. Each city employee shall comply with all city and state laws regarding the operation of city vehicles and is personally responsible for payment of a fine incurred while driving a city vehicle.

Section 15.4 Equipment Other Than Motor Vehicles
No city equipment, instruments, tools, supplies, machines or other items which are the property of the city may be used by an officer or employee engaged in outside employment. No employee shall take city property for personal use without permission of the appropriate department head.

If permission is granted, the employee is responsible for its safe return. No officer or employee shall allow an unauthorized person to rent, borrow, or use city property except with prior permission of the City Manager or appropriate department head.

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POLITICAL ACTIVITY
Section 16.1 Prohibited Conduct:

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 his or her office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.

Section 16.2 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

16.3 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 RULE
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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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TRAINING OF EMPLOYEES
Section 17.1 Responsibility for Training
It is the policy of the City to encourage the training of employees. The City Manager and department heads have responsibility for developing training programs for employees. Training may include lecture courses, demonstrations, assignment of reading matter or other devices available for the purpose of improving the effectiveness and broadening the knowledge of a municipal officer or employee in the performance of his or her duties.

Section 17.2 Credit for Training
Participation in and successful completion of special training courses may be considered in making advancements and promotions. The employee shall file evidence of training programs with the personnel officer.

Section 17.3 Training Costs
When in the opinion of the City Manager a training course to be taken by an employee will benefit the City, the City Manager may authorize payment by the City of tuition charges, fees and textbooks. Textbooks purchased by the City become the property of the City. When tuition is paid by the City, the employee must file with the Personnel Department written evidence of his or her satisfactorily passing the course or he or she may be required to refund money paid by the City for the course. If the employee is separated from the city service within six ( 6) months after completing the course. This includes training for peace officers where none of the training or only a portion of the training was reimbursed by P.O.S.T. The employee will be responsible for the portion not reimbursed to the City.

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GRIEVANCE PROCEDURE
Section 18.1 PURPOSE
The grievance procedure will give regular employees assurance that the City recognizes their right to be heard and assist them in achieving job satisfaction. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances or complaints without prejudice. The intent of this policy is to:
(a) Promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations:
(b) Give each employee a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion;
(c) Settle grievances as near as possible to point of origin.

1. Supervisors shall make every effort to resolve grievances informally at their level.
(d) Provide that appeals shall be conducted as informally as possible.

Section 18.2 Definition of Grievance
Subject to the exclusions listed, 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 rules or a current Memorandum of Understanding (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 18.3 Grievance Procedure
In every case involving a grievance, the employee shall first make an effort to resolve the grievance with his/her supervisor without delay. If the employee does not believe the problem is satisfactorily resolved, he/she may appeal in writing on the grievance form to the department head. The appeal must be filed within thirty (30) days of the date the employee knew or should have known of the circumstances giving rise to the grievance.

Section 18.4 Investigation of Facts/Decision of Department Head The department head shall investigate the facts and issues and shall decide the matter at the earliest date consistent with the nature of the investigation but in any event, within 5 working days. The Department Head shall personally notify the employee of his/her decision in writing on the grievance form.

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Section 18.5 Appeal to Personnel Director, Designee, or Finance Director If the employee desires to pursue the matter further, he/she shall notify the Personnel Director, or designee, in writing on the grievance form within five (5) working days of the Department Head’s decision. In the event that the Personnel Director has a conflict of interest, the employee shall notify the Finance Director.

Section 18.6 Employee Meeting
Within ten (10) days after the Personnel Director, designee, or Finance Director receives the grievance complaint, he/she will arrange a meeting of the employee, employee representative (if any,) and department head. At the meeting an earnest effort shall be made to arrive at a satisfactory resolution of the issue.

Section 18.7 Written Decision
If a resolution is not reached at the employee meeting, the Personnel Director, designee, or Finance Director shall make his/her decision in writing five (5) working days after the date of the meeting. The decision of the Personnel Director, designee, or Finance Director is final.

Section 18.8 Regulations During Grievance Procedure:

The following regulations apply during the grievance procedure:
(a) An employee may request the assistance of another person of his/her own choosing in preparing and presenting the appeal at any level of the review; (b) The employee and his/her representative may use a reasonable amount of work time, determined by the appropriate department head, in conferring about and presenting the grievance.
(c) The time limits specified in this rule may be extended to a definite date by mutual written agreement of the parties;
(d) An employee may drop proceedings upon written notice at any state of the procedure;
(e) The result of final adjudication shall be in writing and acknowledged by the signature of all parties;
(f) Copy of the grievance complaint, department head conclusion and Personnel Director, designee, or Finance Director’s decision maintained in a file containing grievances;

(g) There may not be discrimination, reprisal, or retaliation against any employee for availing himself/herself of the grievance procedure.

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REPORTS AND RECORDS
Section 19.1 Personnel Files
The Personnel Director shall maintain a personnel record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, disciplinary action, performance evaluation, and such other information as may be considered pertinent by the Personnel Director. Personnel records are confidential and access to personnel records shall be limited to the extent permitted by law.

Section 19.2 Access to Administrative Records
The City Attorney and the Personnel Director shall have access to all departmental records, documents, and papers pertaining to employees, the examination of which will aid in the discharge duties. All administrative records shall be maintained in a manner, which will preserve their confidentiality.

Section 19.3 Employee Access to Their Personnel Records Section 19.3.1 Inspection of File
An employee may inspect his or her own personnel file, at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Personnel Officer to arrange an appointment. The review must be done in the presence of a designated employee of Personnel.

Section 19.3.2 Copies
On request, an employee is entitled to receive a copy of any employment related document he or she has signed. An employee who wishes to receive such a copy should contact a designated employee of Personnel. On request, the City will also provide an employee single copies of any other documents in his or her personnel file. The City may charge a reasonable fee for the copies.

In the event the employee wishes to have another person/representative inspect his or her personnel file, the employee must provide the person/representative with written authorization.

The employee will be notified of the date, time and place of the inspection in writing. It is the employee’s responsibility to notify the person to whom the employee has given written authorization of the date, time and place of the inspection.

Under no circumstances is the employee and/or the employee’s designee permitted to add or remove any document or other item from the employee’s personnel file during the inspection.

Section 19.4 Access to Personnel Records by Department Heads A Department Head shall have access to all records, documents, and papers pertaining to employees in his or her department, if the examination will aid in the discharge of his or her duties. The Department shall maintain this confidentiality.

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Section 19.5 Destruction of Records
Upon approval of the City Attorney, all other records relating to personnel may be destroyed as prescribed by law.

Section 19.6 Purging of Employee Discipline Records
Only written reprimand may be expunged upon sustained corrective behavior after one year. The employee wishing to have a written reprimand purged shall make a written request to the City Manager. The City Manager shall consult with the employee’s department head to substantiate that corrective behavior has been sustained for the one-year period. The City Manager shall obtain the concurrence of the department head before the records are expunged.

Section 19.7 Address Notification
Employees shall notify the personnel office of any change of name, address, or telephone number within five (5) calendar days of the change.

Section 19.8 Performance Evaluations
It is the policy of the City to evaluate employee performance on a regularly scheduled basis. The performance evaluation shall normally be conducted by the employee’s immediate supervisor and shall be discussed with the employee. The employee’s immediate supervisor shall consider performance in relation to the duties outlined in the employee’s position description.

A performance evaluation shall be completed prior to the completion of the probationary period, and annually thereafter. A performance evaluation shall be completed on at least an annual basis for regular employees and prior to the promotion or transfer of an employee. The Personnel Director will notify the employee’s department head approximately thirty (30) days prior to the due date for an employee’s evaluation, as defined in Section 4.9employee’s anniversary date. It is the department head’s responsibility to assure that the performance evaluation is completed and returned to the employee for signature prior to the employee’s evaluation date. Special evaluation, as needed, may be given.

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HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
Section 20.1 Purpose
It is the City’s intent and the purpose of this Policy to provide all employees, applicants, and contractors with an environment that is free from any form of discriminatory harassment, discrimination or retaliation as defined in this Policy. This Policy prohibits harassment or discrimination on the basis of any of the following protected classifications: an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual) or any other category protected by law. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and retaliation in violation of this Policy. The protection from discrimination includes the protection from retaliation for having taken action either as a complainant, or for assisting a complainant in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy.

Section 20.2 Policy
The City has zero tolerance for any conduct that violates thisthis, Policy. Conduct need not rise to the level of a violation of law in order to violate thisthis, Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor or the Personnel Director, designee, or Finance Director.

Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.

Section 20.3 Definitions

1. Protected Classifications:

This Policy prohibits harassment or discrimination because of an individual’s protected classification(s). “Protected Classification” includes race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual). For purposes of this policy, “race” includes traits historically associated with race, including but not limited to protective hairstyles such as twists, locks, or braids.

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2. Policy Coverage:

This Policy prohibits elected officials, officers, employees and contractors from harassing or discriminating against applicants, officers, officials, employees and contractors because: (1) of an individual’s protected classification, (2) of the perception of an individual is protected classification, or (3) the individual associates with a person who has or is perceived to have a protected classification.

3. Discrimination:

This Policy prohibits treating individuals differently because of the individual’s protected classification as defined by this Policy.

4. Harassment:

Harassment means unsolicited words or conduct which subjectively and objectively offend another person. Harassment includes, but is not limited to, the following examples of behavior undertaken because of an individual’s protected classification:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual’s body, or that identify a person on the basis of his or her protected classification.

Verbal harassment includes comments on appearance and stories that tend to disparage those of a protected classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a protected classification. Visual harassment includes mimicking the way someone walks or talks because of their protected classification.
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, leering, making express or implied jobrelated threats in return for submission to physical acts, taunting, or any physical interference with normal work or movement.
d. Sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or any of the above described conduct when:
i. Submission to such conduct is either an expressed or implied term or condition of an individual's employment, or
ii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or
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iii. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating or offensive work environment, or iv. By definition, sexual harassment is not within the course and scope of an individual’s employment with the City’s.

5. Discrimination/harassment does not include the following:

1. Bona fide acts or omission of acts based solely upon bona fide occupational qualifications under Equal Employment Opportunity Commission and California Fair Employment and Housing Commissions Guidelines.

2. Bona fide requests or demands by a supervisor that the employee improve his/her work quality or output, that the employee report to the job site on time, that the employee comply with city or departmental rules or regulations, or any other appropriate work relatedwork-related communication between supervisor and employee.

Individual employees may be held personally liable for discriminatory acts, including sexual harassment.

Section 20.4 Retaliation
Retaliation against a person (and his or her associates) who reports or provides information about harassment or discrimination is strictly prohibited. Any act of reprisal violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.

Well-intentioned attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another office may be retaliatory. Before a supervisor takes such action, the supervisor should contact the Personnel Director, or their designee. In the event that the Personnel Director has a conflict of interest, the supervisor may contact the Finance Director.

Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment or discrimination complaint.

Section 20.5 Reporting Harassment, Discrimination or Retaliation An applicant, employee, officer, official or contractor who feels he or she has been harassed, discriminated against, retaliated against, or desires to raise a grievance of conduct in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.

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All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.

1. Object to the Conduct
Sometimes an individual is unaware that his/her conduct is offensive. The offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately. A person who believes he/she is being harassed is encouraged to use this process.

When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 below or go directly to the formal reporting process.

2. Oral Report
If a person who believes that this Policy has been violated does not want to confront the offending person, he/she should report the conduct to a supervisor, department head or any City management employee. The individual may also seek the advice, assistance or consultation of a supervisor, department head, or any City management employee. Any supervisory or management employee who receives such a report must in turn direct it to the Personnel Director of Human Resources, or their designee. The Personnel Director, or their designee, will determine what level of investigation and response is necessary. In the event that the Personnel Director has a conflict of interest, a report may be turned in to the Finance Director, and the Finance Director, will determine what level of investigation and response is necessary.

3. Written Process
An individual who believes this Policy has been violated may provide a written complaint to a supervisor, department head or any management employee who in turn must direct the complaint to the Human Resources Department, or their designee. Individuals are encouraged to use the Confidential Complaint Form for this purpose. In the event that the Personnel Director has a conflict of interest, the complaint may be directed to the Finance Director.

4. Option to Report to Outside Administrative Agencies
Applicants, employees, officers, officials and contractors have the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department of Fair Employment and Housing (DFEHCRD).

Additionally, they have the option to make a report via the City of Lindsay WeTip Anonymous Reporting Solution Line Employment Risk Management Authority (ERMA) Employee Protection Line online at www.WeTip.com https://www.employeeprotectionline.com/xplonline/ or via phone at (909)987-5005800) 576-5262. The Employee Protection Line is an effective risk August 08, 2023 Regular Meeting of the Lindsay City Council

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management tool that allows employees to anonymously report workplace wrongdoing 24 hoursa-day, seven days-a-week.

Section 20.6 Supervisory Resolution
Whenever possible, employees who believe they are experiencing discrimination, discriminatory harassment or retaliation are encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or highly inappropriate. If this does not resolve the concern or if an employee feels uncomfortable, threatened, or has difficulty expressing his/her concern, assistance should be sought from a supervisor or manager.

Section 20.7 Formal Investigation/Response

1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Personnel Director, designee, or Finance Director will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint).

The Personnel Director, designee, or Finance Director may coordinate the investigation with the complainant’s department head and may hire an outside investigator if the City deems it appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Personnel Director, designee, or Finance Director. The Personnel Director, designee, or Finance Director will report the status of investigations to the City Manager as appropriate.

The Director, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances. The investigator will review the complaint allegations in an objective manner and to the extent that the City deems necessary. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the interview and that retaliation against those who report alleged harassment or who participate in the investigation is prohibited.

The City 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 or not the recipient of the alleged action or a third party reports a potential violation.

2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred and that the conduct violated this Policy, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to end the violation(s). Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination. Disciplinary action may also be taken against any August 08, 2023 Regular Meeting of the Lindsay City Council

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official, supervisor or manager who condones or ignores potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to have violated this Policy will be subject to appropriate sanctions.

3. Closure
At the conclusion of the investigation, the Personnel Director, designee, or Finance Director will notify the complainant in general terms of the outcome of the investigation.

4. 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 potential Policy violations and take effective remedial action. 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 Personnel Director, designee, or Finance Director. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The City 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 a court order.

Section 20.8 Responsibilities of Employees, Management and Supervisory Employees

1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
• Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. • Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive.
• Report harassment, discrimination or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness. • If an employee witnesses harassment, he or she should tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior.

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• Maintain confidentiality as required by this Policy.
• Fully cooperate with the City’s investigation of complaints made under this Policy.

2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
• Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Personnel Director, designee, or Finance Director. • Taking positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention. • Making sure no department director, supervisor or other employee retaliates through any action of intimidation, restraint, coercion or discrimination.
• Monitoring the work environment and taking appropriate action to stop potential Policy violations.
• Following up with those who have complained to ensure the behavior complained of has ceased.
• Informing complainants of their option to contact the EEOC or DFEH CRD regarding a potential Policy violation.
• Taking prompt, appropriate action within their work units to avoid and minimize the incidence o anyof any form of discrimination, harassment or retaliation.
• Ensuring that his/her subordinates understand their responsibilities under this policy.
• Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.

C. MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training on this Policy during scheduled training. Human Resources will schedule training sessions each year to August 08, 2023 Regular Meeting of the Lindsay City Council

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ensure that employees are able to complete the mandatory training. Attendance at the training will be documented.

All employees shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provision during hi//her term of employment with the City of Lindsay.

1. Supervisory employees shall receive two hours of classroom or other effective interactive training and education within six months of assuming a supervisory position.

2. All other employees shall receive one hour of classroom or other effective interactive training and education within six months of their employment or sooner for seasonal or temporary employees as described in Government Code § 12950.1

3. If the required training is to be provided by DFEH CRD online training courses, the Training Supervisor should ensure that employees are provided the link or website address to the training course (Government Code § 12950).

Section 20.9 Disposition of Complaints
Only one of the following four (4) dispositions will be used to classify the disposition of an allegation of harassment:
(a) Sustained Complaints- If the complaint is substantiated, this policy and procedure prohibiting discrimination/harassment will be reviewed with the offender. Appropriate disciplinary action and/or training, will be taken pursuant to disciplinary procedures.
(b) Not Sustained Complaints- If there is insufficient evidence to either prove or disprove the allegation(s), both parties to the complaint will be informed of the reason(s) for this disposition.
(c) Unfounded Complaint- If it is determined that an act reported pursuant to this policy/procedure did not in fact occur, a finding of unfounded shall be made. (d) Exonerated Complaints- If it is determined that an act reported pursuant to this policy/procedure did in fact occur, but was lawful and proper within the guidelines established herein, a finding of exonerated shall be made.

Should it be determined that the reporting party maliciously filed the complaint knowing that it was false or frivolous at the time of the complaint, that employee shall be subject to discipline up to, and including termination.

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Section 20.10 Documentation of Complaints
All complaints or allegations shall be documented on forms and in manner designated by the Director of Personnel, designee, or Finance Director. All reports shall be:
• Approved by the Director of Personnel, designee, or Finance Director • Maintained for a minimum of five (5) years
Section 20.11 Questions Regarding Discrimination or Harassment Employees having questions are encouraged to contact a supervisor, manager, their department head, Personnel Director or , designee, Finance Director, or the City Manager, or they may contact the California Department of Fair Employment and HousingCivil Rights Department at (800) 884-1684 or the Equal Employment Opportunity Commission (800) 669-6820.

Section 20.12 Workplace Violence
The City of Lindsay is committed to providing a safe work environment that is free of violence and the threat of violence. The top priority in this process is effectively handling critical workplace incidents, especially those dealing with actual or potential violence. The department of public safety will be notified of all incidents.

This policy sets forth the City’s position regarding workplace violence and provides guidance to all employees, supervisors and managers in addressing workplace violence issues.

A. Violence or the threat of violence, against or by any employee of the City or any other person is unacceptable.
(1) Should a non-employee, on City property, demonstrate or threaten violent behavior he/she may be subject to criminal prosecution. (2) Should an employee, during working hours, demonstrate or threaten violent behavior he/she may be subject to disciplinary action in addition to criminal prosecution.

B. The following actions are considered violent acts and are explicitly prohibited. (1) Striking, punching, slapping, or assaulting another person. (2) Fighting or challenging another person to fight.
(3) Grabbing, pinching or touching another person in an unwanted way whether sexually or otherwise.
(4) Engaging in dangerous, threatening or unwanted horseplay. (5) Possession, use or threat of use, of a gun, knife or other weapon of any kind on the city property, including parking lots, other exterior premises, city vehicles, or unless such possession or use is a requirement of the job.

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(6) Threatening or harming another person, or any other action or conduct that implies the threat of bodily harm.

C. Any employee who is victim of any violent threatening or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a city employee or non-employee person in the chain of command.

The appropriate person in the chain of command may include:
(1) Immediate Supervisor
(2) Department Head
(3) Personnel Director, Designee, or Finance Director
(4) City Manager
If no one in the chain of command can be reached, the employee should report to the personnel department. In case of emergencies, the employee should call 911 immediately.

D. No one, acting in good faith who initiates a complaint or reports an incident under this policy will be subject to retaliation or harassment.

E. In the event the City fears for the safety of the perpetrator or the safety of others at the scene of the violent act, law enforcement will be called for assistance.

F. Employees who violate this policy may be subject to disciplinary action up to and including termination.

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SUBSTANCE ABUSE POLICY
Section 21.1 Introduction
The intent of this policy is to deter the misuse or abuse of legal or illegal substances that create a threat to the safety and health of any City Employee or member of the public. The City of Lindsay discourages alcohol and drug abuse and strives to achieve a work force free from the influence of drugs and alcohol.

In recognition of the City’s responsibility to maintain a safe, healthful and productive work environment and each employee’s responsibility to perform work for the public safely, effectively and efficiently, the City will act to eliminate any substance abuse which increases the risk of accidents, absenteeism, substandard performance, poor employee’s morale or damage to the City’s reputation. Substance abuse includes the use of or possession of illegal drugs, alcohol or controlled substance, which could impair an employee’s ability to perform his or hers job safely, effectively and efficiently.

The City of Lindsay believes that its employees are its most important assets. Thus, a primary objective of the policy is to ensure that public safety and the welfare of our employees are not endangered as a result of substance abuse. Additionally, the City is committed to provide an employee with an opportunity for recovery and rehabilitation, enabling the affected employee to return to satisfactory job performance level.

Section 21.2 Purpose
This policy sets forth the City’s position regarding substances abuse and provides guidance to all employees, supervisors and managers in addressing substance abuse issues.

Section 21.3 Policy
It is the City’s policy that no employee shall:
(a) Report to work under the influence of alcohol or drugs; (b) Be under the influence of alcohol or drugs while on standby; (c) Possess drugs while on duty or while on standby;
(d) Use alcohol or drugs while on duty or while on standby; (e) Sell, distribute or provide alcohol or drugs to any employee or person while on duty or while on standby;
(f) Sell, distribute or provide alcohol or drugs to any employee or person while on duty or while on standby;
(g) Have their ability to work impaired as a result of the use of alcohol or drugs.

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While use of medically prescribed medication and drugs is not per se a violation of the policy, failure by the employee to notify his/her supervisor before beginning work when taking such medication or drugs which may interfere with the safe and effective performance of duties is a violation of this policy. In the event their is a question regarding the employee’s ability to safely and effectively perform the assigned duties while using such medication or drugs, clearance from a qualified physician will be required.

The City reserves the right to search, without employee consent, all areas and property in which the City maintains full or joint control with the employee for the purpose of detecting the presence of alcohol or illegal drugs. Areas in which the City maintains full control include but are not limited to all City owned equipment. Areas jointly controlled by the City and employees include but are not limited to desks, lockers, file cabinets, office cabinets and bookshelves.

Otherwise, the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City.

Employees reasonable believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until an authorized City representatives or law enforcement representatives can transport the employee from the work site.

Violations of this policy may be grounds for disciplinary action, up to and including discharge.

Refusal to submit immediately to a drug and/ or alcohol test when requested by City management or law enforcement personnel, failure to cooperate during testing, or any acts taken by the employee to negate testing procedures, may constitute insubordination and may be ground for discipline up to and including termination.

The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntary seek help for alcohol or drug problems. Employees should contact the Personnel Director or their supervisors for additional information. The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled.

Section 21.4 Application
This policy applies to all City of Lindsay employees as well as applicants for positions with the City of Lindsay. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee’s ability to effectively and safely perform the function of the job.

Section 21.5 Employee Responsibilities
An employee shall:
(a) Not report to work or while on standby have his/her ability to perform job duties impaired due to alcohol or drug use, on or off duty.
(b) Not possess, use, or be under the influence of alcohol or drugs (illegal drugs and legal drugs without a prescription) during working hours, while on standby, on breaks, during meal periods or while driving a personnel vehicle or City vehicle on City business;
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(c) Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or while on standby;
(d) Submit immediately to a drug and/or alcohol test when directed by a responsible City supervisor or management representative;
(e) Notify his/her supervisor, before beginning work or when contacted for call back when taking any medications or drugs, prescription or non-prescription, or alcohol, which may interfere with the safe and effective performance of duties or operation of City equipment; and;
(f) Upon request, provide a current valid prescription for any drug or medication identified when a drug analysis is positive within a reasonable time period. The prescription must be in the employee’s name.

Section 21.6 Employee Complaint
(a) Any employee may file a complaint with their department head regarding any employee whose performance is being affected by substance abuse. (b) An employee filing a complaint shall, within 24 hours, document in writing, the facts constituting reasonable suspicion that the employee in question was intoxicated or under the influence of drugs and/or alcohol. (c) Complaints, which are determined to be malicious or vexatious will not be tolerated and will subject the complaining individual to disciplinary action.

Section 21.7 Management Responsibilities and Guidelines A. Manager and supervisors are responsible for consistent enforcement of this policy.

B. Managers and supervisors may direct an employee to submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced.

For example, any of the following, alone or in combination, may constitute reasonable suspicion:
(a) Slurred speech;
(b) Alcohol on breath;
(c) Problems walking or other physical activity impairments; (d) An accident involving City property;
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(e) Physical altercation;
(f) Verbal altercation;
(g) Behavior, which is so unusual that it, warrants summoning a supervisor or anyone else with authority;
(h) Possession of alcohol or drugs;
(i) Information obtained from a reliable person with personal knowledge.

C. Any manager or supervisor directing an employee to submit to a drug and/or alcohol test shall, within 24 hours, document in writing the acts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs and/or alcohol. Any manager or supervisor encountering an employee who refuses o submit to a drug and/or alcohol test upon request shall remind the employee of the requirements and consequences of this policy. (j) Managers or supervisors shall not physically search employees. (k) Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion or believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.
(l) Managers and supervisors may search areas jointly or fully controlled by the City.
(m) Managers and supervisors shall not confiscate, without consent, prescription drugs or medication from an employee who has a prescription.

Section 21.8 Employee Assistance Program
The City has a well-established voluntary Employees Assistance Program (EAP) to assist employees who seek help for substance abuse problems.

The EAP is available for assessment, referral to treatment, and follow-up. Any employee with the City of Lindsay wishing confidential assistance for a possible alcohol or drug problem may contact personnel, their insurance provider or the Employee Assistance Program for additional information.

Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance through the EAP or health insurance program. In addition, employees who are concerned about alcohol and/or drug use among their co-workers should strongly encourage those individuals to seek assistance through the EAP.

All Self-referral contacts are held in confidence by the EAP unless the employee requests, through specific written release of information, that the department, supervisors, union or other parties be notified.

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The employee’s compliance with the recommendations of the EAP is voluntary. Employee’s job security and/or promotional opportunities will not be jeopardized by utilization of the EAP or any other treatment service.

If an employee requires leave time for substance abuse treatment, he/she can follow established personnel policy concerning sick leave usage.

Section 21.9 Confidentiality
The City recognizes the confidentially and privacy due employees, and disclosure of any information relating to chemical abuse treatment, except on a need-to-know basis, shall only be with the expressed written consent of the employee involved or pursuant to lawful process.

Section 21.10 Compliance
Employees must, as a condition of employment, abide by the terms of this policy, and report any conviction under a criminal drug statue for violations occurring on or off city premises while conducting City Business. A report of a conviction must be made as soon as possible, but in no case more than five (5) days after the conviction.

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MISCELLANEOUS RULES
Section 22.1 Dress Code
Employees of the City are required to dress appropriately for the jobs they are performing. Unless required to wear a uniform, City employees in the office are expected to adhere to a business, business casual, or smart casual dress code. Therefore, failure to follow the dress regulations contained in this section shall be grounds for discipline. (1) All clothing must be neat, clean, and in good repair. For example, employees are not permitted to wear hooded sweatshirts, sweatpants, torn clothing, ripped or faded jeans. (2) Prescribed uniforms and safety equipment must be worn. (3) Foot wearFootwear must be appropriate for the work environment and functions performed. Flip flop sandals are not permitted unless approved by the Department Head.
(4) Hair must be neat, clean and well-groomed.
(5) Beards, mustaches, and sideburns must be maintained in neat and well-groomed fashion.
(6) Jewelry is acceptable except where it constitutes a health or safety hazard. (7) Good personal hygiene is required.
(8) All clothingDress must be appropriate for to the professional work environment, avoiding excessively revealing or provocative attire. This includes avoiding clothes midriff or back, transparent or see-through or excessively tight clothing. setting particularly if the employee has public contact. For example, employees are not permitted to wear hooded sweatshirts, sweatpantscrop tops, tank tops, min skirts, short dresses, or leggings (except under items). (9) No tattoos are allowed anywhere on the head, face, or neck. (10) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-relatedgang related. Any non-conforming tattoos will shall be covered with clothing or a bandage while at work or removed.
(11) For employees working with the public, no objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth. However, employees may wear except one up to two set of reasonably-sizedreasonably sized earrings in each lobe and a stud in the nose. Any non-conforming piercing RULE
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shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.

If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.

Section 22.2 Outside Activities
A full-time employee may not carry on concurrently with his/her public service, any private business or undertaking, attention to which affects the time or quality of his/her work or which casts discredit upon or creates embarrassment for the city government.

Section 22.3 Other Public Offices
An employee may not accept appointment to a county or state or position or otherwise incur an obligation of civil public service outside his/her regular municipal employment without first obtaining the recommendation of his/her department head and approval of the City Manager.

Section 22.4 Official Badge or Insignia
An official or employee who wears a badge or other official insignia as evidence of his/her authority may not permit the badge or insignia to be used or worn by another person without approval of the department head. The department head may not grant approval accept to a person regularly and formally appointed by the City Manager to the position designated by the badge or insignia. The employee shall return the badge or insignia to the department head when he/she terminates.

Section 22.5 Purchase Order
No officer or employee may order services or merchandise without first being authorized to do so and obtaining a purchase order. EmployeeAn employee who orders services or merchandise without a purchase order is personally responsible for payment.

Section 22.6 Operating City Vehicles
Employees whose duties include the driving of a city vehicle shall possess a valid driver’s license issued by the State of California, such license shall be carried at all times when so engaged.

Section 22.7 False Information
No employee of the City of Lindsay shall make false official reports or knowingly enter or cause to be entered in any department books, records, or reports, any inaccurate, false or improper information. A failure to enter information as required by an employee is also deemed to be false information.

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Section 22.8 Release of Information
It is the City’s policy that all requests for information concerning current or former employees, either by telephone or in writing, are to be referred to the Personnel Director.

It is the City’s policy to state only that a person is (was) employed with the City, the date of employment and verification of title or position.

When a valid authorization for release of information, as determined by the Personnel Director is submitted, additional information may be release. All requests for references must be made in writing. Generally only written references will be provided and then only in conformance with the specific provisions of the former employees’ authorization to release information.

Only job-related issues are to be discussed. Job-related issues include attendance, work habits, quality and quantity of work, supervision required and initiative.

Section 22.9 Employment of Related Persons
A policy concerning the employment of related persons applicable to personnel practices is desirable since employment decisions and/or supervision involving a related person may create potential conflicts of interest, create a negative or unprofessional work environment, or present concerns regarding supervision, safety, security or morale.

Section 22.9.1 Definition of “Related Person”
“Related Person” shall include: mother, father, grandmother, grandfather, or grandchild of the employee or spouse or domestic partner of the employee, and the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any other person living in the immediate household of the employee.

Section 22.9.2 Prohibited Conduct
(a) Related person will not be eligible for employment with the City where potential problems of supervision, safety, security or morale, or potential conflicts of interest exist.
(b) Related persons may not be employed in the same department nor under the same immediate supervisor where potential problems of supervision, safety, security or morale, or potential conflicts of interest exist.
(c) One related person may not supervise another person where the potential for creating adverse impact on supervision, safety, security or morale exists.

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Section 22.10 Meals and Breaks Periods
All employees except for police and fire personnel, are not on call during meal breaks unless directed otherwise by a supervisor. The time spent for a meal period shall not exceed the authorized time allowed.

Each employee is entitled to a 15-minute break, near the mid pointmidpoint, for each four-hour work period. Only one 15-minute break shall be taken during each four hours of duty. No breaks shall be taken during the first or last two hours of an employee’s shift unless approved by a supervisor.

Section 22.11 Time Sheets
All employees are paid on a bi-weekly basis usually on Friday with certain exceptions such as holidays. Time sheets shall be completed and submitted to Administration no later then Monday on a bi-weekly basis, unless specified otherwise. Department heads are responsible for the accurate and timely submission of the time sheets for the payment of wages.

Section 22.12 Seatbelts
All employees shall wear available safety restraints whenever operating a City vehicle or equipment.

Section 22.13 Smoking
Smoking and other use of tobacco products is not permitted inside cCity facilities or on City property. It shall also be the responsibility of all employees to ensure that no person smokes or uses any tobacco product inside city facilities. Department heads may designate specific vehicles as “smoking” vehicle.

Section 22.14.1 Conditional Offer of Employment Examinations After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment.

Section 22.14.2 Current Employee Examinations
The Personnel Director or a designee may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when: 1) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; and 2) there is reason to question the employee’s ability to safely or efficiently complete work duties.

Section 22.14.3 Role of Health Care Provider
A City-selected health care provider will examine the employee at City expense. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a August 08, 2023 Regular Meeting of the Lindsay City Council

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written description of the essential functions of the employee’s job. The health care provider will examine the employee and provide the City with non-confidential information regarding whether:
1) the employee is fit to perform essential job functions; 2) there are any reasonable accommodations that would enable the employee to perform essential job functions; and
3) the employee’s continued employment poses a threat to the health and safety of him or herself or others. Should the health care provider exceed the scope of the City’s request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.

Section 22.14.4 Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.

Section 22.14.5 Medical Information from the Employee ’s Health Care Provider An employee may submit confidential medical information to the City from his or her personal health care provider. If the employee provides written authorization, the Personnel Director will submit the information that the employee provides to the City-paid health care provider who conducted the examination. The Personnel Director will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.

Section 22.14.6 Interactive Process Discussion
After receipt of both the health care provider’s fitness for duty report, and the analysis of the employee’s personal health care information (if any) the Personnel Director will arrange for a discussion or discussions, in person or via conference telephone call, with the employee and his or her representatives, (if any). The purpose of the discussions will be in good faith to fully discuss all feasible potential reasonable accommodations. During the discussions, the Personnel Director will also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave.

Section 22.14.7 Determination
After the discussions, the Personnel Director will review the information received, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on City finances or operations. The Personnel Director will inform the employee of his or her determination. The Personnel Director will use his or her discretion based upon the particular facts of each case.

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COMPUTER, INTERNET, ELECTRONIC MAIL, AND VOICE MAIL
Section 23.1 Introduction
The City of Lindsay, hereinafter (City), is committed to providing employees with the business tools necessary in order to enhance efficiency in job performance and best serve the citizens of Lindsay.

Section 23.2 Purpose
This policy sets forth the City’s policy with respect to the use of computers, electronic mail (e-mail), intranet (internal messaging systems), mobile messaging, telephonic voice mail and Internet access and other electronic communications systems provided by the City of Lindsay.

Section 23.3 Applicability
The provisions of this policy apply to all employees of the City of Lindsay, including full-time and temporary employees, as well as volunteers, agents and vendors.

Section 23.4 General Provision
With the rapidly changing nature of electronic media, and the “etiquette” which is developing among users of external on-line services and the Internet, this policy cannot lay down rules to cover every possible to be applied to use of computers, electronic mail (e-mail), intranet (internal messaging systems), and mobile messaging systems, telephonic voice mail and Internet access and other electronic communications systems provided by the City of Lindsay.

Section 23.5 No expectation of Privacy
The city respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s work-related conduct or to the use of City-provided equipment or supplies.

Section 23.6 Ownership
E-mail, telephonic voice mail, internal messaging systems, Internet access and other electronic communications systems are provided only for the purpose of conducting City business. All electronic communications of any sort or type generated by employees with City equipment or stored on city equipment are the property of the City of Lindsay.

The City recognizes that there may be incidental or occasional personal use of e-mail or voice mail but these messages will be treated the same as other messages. The City reserves the right to access and disclose as necessary all messages sent over its e-mail or voice mail system, without regard to content.

Since your personal messages can be assessed by the City management without prior notice, you should not use e-mail or voice mail to transmit any messages you would not want read, or listened to by a third party. Misusing the Internet e-mail system, or telephonic voice mail systems will subject you to disciplinary action up to and including termination.

All software programs, computer files and other documents created by City employees on City computer or other electronic systems are the property of the City and therefore exclusively owned by the City.

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Section 23.7 Prohibited Uses
All employees are prohibited from:
(a) Installation of programs on the City’s computer systems (including virus checking and screen savers) without prior written consent of the department head. (b) Copying City Software programs for personal use;
(c) Use another employee’s password to attempt to gain access to the employee’s computer electronic mail (e-mail), Internet access or other electronic communications systems; (d) Connecting computers (including laptops and personal computers) not owned or leased by the City to the City’s information system network without prior written consent; (e) Using the access code, log-on or password of other employees to gain access to their email or computer records, without prior consent. (f) Disclosing access codes, log-on or password of otherwise make the City electronic resources available to persons not authorized to have such access; (g) Infringing on others’ access and use of the City’s information systems, including, but not limited to:

1. Sending of excessive messages, either locally or off-site;

2. Unauthorized modifications of system facilities, operating systems or disk partitions;

3. Attempting to crash or tie up a City computer or network;

4. Attempting or gaining unauthorized access to or damaging or vandalizing City computing facilities, equipment, software, or computer files;

5. Developing or using a modem on City owned or leased computers without the prior written consent;

7.5. Installing or using a modem on City owned or leased computers without the prior written consent.

8.6. Violating any federal, state or local laws in the use of City information systems;

9.7. Violating any copyright or license to software, information (including, but not limited to, text images, icons, programs, etc.) Whether whether created by the City or any other person or entity;
(h) Exposing others, either intentionally or unintentionally, to material which is offensive, obscene or in poor taste;
(i) Any use that would be offensive to a reasonable person because it involves an individual’s race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, August 08, 2023 Regular Meeting of the Lindsay City Council

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pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristics, and physical or mental disability (whether perceived or actual); (j) Communication of confidential City information to unauthorized individuals within or outside the City;
(k) Sending messages with content that conflicts with any City policies, rules or other applicable laws;
(l) Unauthorized attempts to access City data or systems; (m) Theft or unauthorized copying of electronic files or data; (n) Initiating or sustaining chain letters, and
(o) Intentionally misrepresenting one’s identity for improper or illegal acts.

Section 23.8 Violations of This Policy
Violations of any provision of this policy may result in disciplinary action up to and including termination of employment.

Section 23.9

VIDEO AND AUDIO SURVEILLANCE POLICY
Section 23.10 Introduction
Through this Policy, the City informs all employes that it maintains cameras with video and audio surveillance capabilities located throughout the City’s facilities. This policy aims to ensure the safety and security of our employees, visitors and assets and maintain transparency.

Section 23.11 Purpose
The purpose is to establish clear guidelines and procedures for the use of video and audio surveillance within city-owned facilities. This policy aims to deter and investigate criminal activity, enhance the safety of individuals and property.

1. The City may use these cameras for security, investigations, or for any other purpose that would assist the City in performing its duties.

2. Cameras may be discreet or obvious. Employees should not assume that there are no cameras if they cannot see one. Employees should assume, for privacy purposes, that there are active cameras in their workplaces.

3. The City will NOT install any cameras where the law prohibits it. The City will not install any audio or video recording devices in restrooms, locker rooms, or any other rooms designated for changing clothes, unless authorized by a court order.

4. Due to the City’s strong security interests, agreement to this Policy is a job requirement for all City employees. By accepting employment with the City, and continuing to be employed, each employee acknowledges that City facilities use video and audio recording devices in accordance with this Policy.

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5. Access to surveillance footage should be limited to authorized personnel responsible for security, law enforcement, or administration purposes.

6. Personnel responsible for operating surveillance systems should receive appropriate training on the policy guidelines, privacy considerations, and their responsibilities.

The retention period for surveillance footage should be determined based on the provisions within the City of Lindsay Records Retention Policy.

Section 23.120
SOCIAL MEDIA POLICY (City Council
Resolution No. 22-48)
Section 23.13 Introduction
This policy establishes guidelines for the establishment and use by the City of Lindsay of social media sites (including but not limited to Facebook and Instagram) as a means of conveying City of Lindsay (“City”) information to its citizens.

The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. The City of Lindsay has an overriding interest in deciding what is “spoken” on behalf of the City on City social media sites.

For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include, but are not limited to, Facebook, Instagram, YouTube, Twitter, LinkedIn, and blogs.

For purposes of this policy, “comments” include information, articles, pictures, videos or any other form of communicative content posted on a City of Lindsay social media site, either as its own post or attached to another post.

Section 23.14 General Policy

1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his/her designees. All City of Lindsay social media sites shall be administered by City of Lindsay designated staff.

2. City social media sites should make clear on their respective profile pages that they are maintained by the City of Lindsay and that they follow the City’s Social Media Policy.

3. Wherever possible, City social media sites should link back to the official City of Lindsay website for forms, documents, online services and other information necessary to conduct business with the City of Lindsay.

4. Designated staff will monitor content on City social media sites to ensure adherence to both the City’s Social Media Policy and the interest and goals of the City of Lindsay.

5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the City Clerk for a reasonable period of time, including the time, date and identity of the poster, when available.

6. These guidelines must be displayed to users or made available by hyperlink. The City will approach the use of social media tools as consistently as possible, enterprise wide.

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7. The City of Lindsay’s website at https://www.lindsay.ca.us/ https://www.lindsay.ca.us/will remain the City’s primary and predominant internet presence.

8. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.

9. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.

10. Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

11. This Social Media Policy may be revised at any time.

12. Comments on topics or issues not within the jurisdictional purview of the City of Lindsay may be removed.

13. Any posts deemed to be offensive, derogatory, hostile, or anything that is construed as discriminatory on the basis of any protected category, i.e. race, sex, disability, or religion will be removed.

14. The City does not endorse any links or advertisements that may show up on its Facebook social media page.

Section 23.15 Comments Policy
By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.

1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.

2. The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.

The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens.Comments posted to City of Lindsay social media pages will be monitored, and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.

The City does not endorse any links or advertisements that may show up on its Facebook social media page.

Section 23.15 Comment Policy
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By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.

As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.

The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.

3. The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. Comments posted to City of Lindsay social media pages will be monitored and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.

4. If you need to contact the Lindsay Police Department, please call their front desk at (559) 562- 2511, or if it is an emergency, call 911 and ask for assistance. While comments posted on the City’s social media pages are monitored, posting a comment is neither the recommended nor best way to contact the City or Lindsay Police Department.

5. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.

1. All comments posted to any City of Lindsay Facebook site are bound by Facebook’s Statement of Rights and Responsibilities and Community Standards, located at www.facebook.com/terms.php, and www.facebook.com/communitystandards, respectfully. The City of Lindsay reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities and/or Community Standards to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.

6. BBy posting or commenting on the City of Lindsay social media platforms you agree to our terms of use. You participate by your own choice, taking personal responsibility for your comments, your username and any information you provide therein.n.

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FEDERAL HEALTH CONTINUATION REQUIREMENTS; THE CONSOLIDATED OMNIBUS RECONCILIATION ACTS OF 1985
Section 24.1 Continuation Rights as an Employees
The Employee covered by the City group health plan, has the right to choose Continuation Coverage if the employee losses his/her group health coverage because of a reduction in hours of employment or termination of employment, except for reasons of gross misconduct.

Section 24.2 Continuation Rights as a Spouse
The spouse of an employee covered by a group health plan, has the right to chose Continuation coverage if the employee’s group health coverage is lost due to:
(1) The death of the employee
(2) Termination of the employee’s employment (for reason other than gross misconduct) or reduction in his or her hours of employment; (3) Divorce or legal separation; or
(4) The employee’s entitlement to Medicare.

Section 24.3 Continuation Rights as a Dependent Child
A dependent child of an employee covered by a group health plan has the right to Continuation Coverage if the employee’s group health coverage is lost due to:
(1) The death of the employee
(2) Termination of the employee’s employment (reasons other than gross misconduct) or reduction in his or her hours of employment; (3) Divorce or legal separation;
(4) The employee’s entitlement to Medicare; or
(5) The dependent ceasing to be dependent child as defined under this group health plan.

Section 24.4 Notice Requirements
The law requires that the employee or family member inform the Plan Administrator, within 60 days, of a divorce, legal separation or when a child is no longer a dependent as defined under group health plan. If the Plan Administrator is someone other than the employer, then the employer has the responsibility to notify the Plan Administrator, within 30 days, in the case of employee’s death, termination of employment, reduction in hours or Medicare entitlement. When the Plan administrator is notified that one of these events has happened, the Plan Administrator will in turn notify the employee within 14 days, that he/she has the right to choose Continuation Coverage. The employee then has 60 days from the date they would lose coverage or the date of the notice, whichever is greater, to elect Continuation Coverage.

Each person who loses group health coverage has a separated right to make an election. If Continuation Coverage is not elected, group health coverage may end.

RULE
XXIV
August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
24-2
Section 24.5 Premium Payment
A person electing Continuation Coverage may be responsible for the payment for the continued coverage. In most cases the maximum amount that may be charged for Continuation Coverage is 102% of the applicable group premium.

The first premium for Continuation Coverage is due by the 45th day following the date the person elects Continuation Coverage.

The employee has the right to make all future premium payments on a monthly basis. However, annual, semi annual or quarterly payments may also be made if the employee and employer so agree. A grace period of 30 days (or one equal in length to the employer grace period, if longer) will be allowed for late payment of any monthly premium.

Failure to pay the premium by the end of the grace period may cause termination of Continuation Coverage.

Section 24.6 Length of Continuation Coverage
The maximum length for Continuation Coverage is 18 months when the cause for loss of coverage is termination of employment or reduction in the hours of the employee. In all other cases, the Continuation Coverage period 36 months. Continuation Coverage, however, may terminate before the end of the 18 or 36 month period when:
(1) The former employer no longer provides group health coverage to any of its employees:
(2) The premium for Continuation Coverage is not paid by the end of the grace period;
(3) The employee becomes covered under another employer sponsored health plan, except when the new plan has a pre existing condition provision; or (4) The employee becomes entitled to Medicare.

When Continuation Coverage terminates, the employee will be allowed to convert to an individual health conversion policy, if a health conversion privilege is available to similarly situated active employees.

Section 24.7 Extension of Continuation Coverage
If the employee and his/her spouse or dependent children have elected Continuation Coverage for 18 months due to termination of employment or reduction in hours and before the end of the 18 month period:
(1) The employee dies
(2) The employee divorces or becomes legally separated; or (3) The employee becomes entitled to Medicare,
August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
24-3
The spouse and dependent children may extend Continuation Coverage. Additionally, during the 18 month period, if a child loses dependent status, the child may also extend Continuation Coverage.

In these instances, Continuation Coverage will extended up to 36 months from the date coverage was originally lost, subject to payment of up to 102% of the applicable group premium.

Section 24.8 Pre-existing Medical Conditions
If the employee’s Continuation Coverage terminates because the employee became covered under another employer sponsored health plan and that plan limits or reduces the employee’s coverage due to a pre-existing medical condition, the employee may maintain Continuation Coverage for the balance of the applicable 18 0r 36 months period.

Continuation Coverage will then pay benefits for the pre-existing medical condition without regard to any other group health coverage. All other benefits will be coordinated with the new group health plan so that no more than 100% of allowable expenses under both group health plans will be payable.

Section 24.9 Social Security Disability
If the employee, his/her spouse or dependent child are disabled at the time of termination in employment or reduction in hours, the disabled person may be entitled to 29 months of Continuation Coverage instead of 18 months.

To qualify for this extension, he or she must apply for disability status under the Social Security Act and notify the Plan Administrator when a determination of disability is made. This notice must be provided to the Plan Administrator within 60 days after the date of determination and prior to the end of the 18- month continuation period. The disabled person must also notify the Plan Administrator within 30 days of the date the Social Security Administration determines that he or she is no longer disabled. This extended Continuation Coverage will then terminate on the first day of the month, which begins after the 30 days of the date of final determination by Social Security.

The first 18 months of Continuation Coverage may require payment of up to 102% of the applicable group premium. The next 11 months may require payment of up to 150% of the applicable group premium.

Section 24.10 State Continuation Rights
Several, but not all states, have continuation options from which the employee may choose as alternatives to Continuation Coverage. If the group health plan requires the employer to offer a state continuation option, there should be an explanation in the employee’s group health booklet.

The employee may elect either the State Continuation or Continuation Coverage but the employee cannot elect both.

This policy is intended to provide the employee with a brief explanation of COBRA. It is not intended to provide the employee with legal advice.

August 08, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
24-4
Any notice of change of address, change of martial status, or children’s status should be sent to the employer at:

City of Lindsay
251 E. Honolulu
P.O. Box 369
Lindsay, CA 93247
August 08, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 11.10
MEETING DATE: August 08, 2023

ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-35, A Resolution of the City Council of the City of Lindsay Authorizing the Delegation of Authority to Make Decision on Applications for Disability Retirement.

City Staff recommends that the City Council pass and adopt Resolution No. 23-35 to delegate authority to the City Manager to make the determination regarding whether a local safety member is eligible to retire for disability and to make necessary arrangements for any appeals of the City’s decision.

BACKGROUND | ANALYSIS
Under the Public Employees’ Retirement Law (“PERL”) local safety members may be eligible to disability retire through CalPERS if they are substantially incapacitated from performing their usual job duties.

With respect to local safety members, when an application for disability retirement is filed by or on behalf of a local safety member, CalPERS requests that the City make the initial determination regarding whether an employee is substantially incapacitated from performing his or her usual duties and whether the incapacitation is industrial in nature. The City must certify its decision to CalPERS. The local safety member may appeal the decision and receive an administrative hearing.

Under the PERL, the City Council makes the initial decision. However, the PERL allows the City Council to delegate the decision to a subordinate officer. The subordinate officer may also be delegated authority to make any arrangements necessary to provide for an appeal if the local safety member appeals the City’s decision on an application for disability retirement.

The decision regarding substantial incapacity is based on a review of the competent medial evidence concerning the injury or disability. The underlying information reviewed remains the same, regardless of whether the City Council or the delegate certifies the decision to CalPERS. However, the delegation allows the decision to be made more quickly without the need to have the matter heard at a City Council meeting and reduces some of the privacy issues that go along with having the decision made by the City Council at a City Council meeting.

August 08, 2023 Regular Meeting of the Lindsay City Council

FISCAL IMPACT
No fiscal impact associated with this action.

ATTACHMENTS
N/A
August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-35

NUMBER 23-35
TITLE

MEETING

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY

AUTHORIZING THE DELEGATION OF AUTHORITY TO MAKE

DECISION ON APPLICATIONS FOR DISABILITY RETIREMENT
At a regularly scheduled meeting of the City of Lindsay City Council held on August 08, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the City of Lindsay is a contracting agency of the California Public Employees’ Retirement System; and
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he or she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is “industrial” within the meaning of such law; and WHEREAS, the City Council of the City of Lindsay has determined upon legal advice that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent of the position of City Manager; and
NOW BE IT RESOLVED, that the City Council of the City of Lindsay delegate and it does hereby delegate applications on behalf of the City of Lindsay pursuant to Government Code section 21152(c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lindsay delegate and it does hereby delegate to the incumbent of the position of City Manager authority to make determinations of disability on behalf of the City of Lindsay under Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System; and BE IT FURTHER RESOLVED, that in the event that any local safety member appeals the decision of the City Manager regarding his or her incapacitation from the performance of his or her duties pursuant to the Public Employees’ Retirement Law, the City Manager is authorized and empowered to make such arrangements to have the appeal heard pursuant to the laws governing California Public Employees’ Retirement System retirements, including, but not limited to, entering into an agreement with the Officer of Administrative Hearings for the provision of a hearing before an administrative law judge.

August 08, 2023 Regular Meeting of the Lindsay City Council

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-35

PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:

MEETING DATE August 08, 2023
MOTION

SECOND MOTION
AYES
ABSENT

ABSTAIN
NAYS

CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.

FRANCESCA QUINTANA HIPOLITO A. CERROS

CITY CLERK MAYOR
August 08, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 12.1
MEETING DATE: August 08, 2023

ACTION & RECOMMENDATION
Consider the Designation of Voting Delegates and Alternate(s) for the League of California Cities Annual Conference and Expo.

City Staff recommends that the City Council select a voting delegate and alternate so that the City Clerk may submit their names to the League of California Cities and assure that they are able to cast their vote at the annual business meeting on behalf of the City.

BACKGROUND | ANALYSIS
The Cal Cities 2023 Annual Conference & Expo is scheduled for September 20 – 22, 2023 in Sacramento, California. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 22, 2023, at 8:30 AM, please note the new voting time.

At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. The City may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Designation of the voting delegate and alternates must be done by City Council action and cannot be accomplished by individual action of the Mayor or City Manager alone.

Council should consider the following when selecting the voting delegate and alternate:
• The voting delegate and alternates must be registered to attend the conference. • In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card.
• The voting delegate/alternate form must be submitted to the League of California Cities by August 28, 2023.

FISCAL IMPACT
No fiscal impact associated with this action.

August 08, 2023 Regular Meeting of the Lindsay City Council

ATTACHMENTS
• Voting Delegate Packet
August 08, 2023 Regular Meeting of the Lindsay City Council

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
August 08, 2023 Regular Meeting of the Lindsay City Council

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly August 08, 2023 Regular Meeting of the Lindsay City Council

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

August 08, 2023 Regular Meeting of the Lindsay City Council

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

August 08, 2023 Regular Meeting of the Lindsay City Council

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions C August
ommittee according to Cal Cities Bylaws Article VI. Sec. 5(f). 08, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager DEPARTMENT: City Manager
ITEM NO.: 12.2
MEETING DATE: August 08, 2023

ACTION & RECOMMENDATION
Consider the Selection of Dates and Times for City Council Brown Act, Harassment, and Ethics in Public Service Training.

City Staff recommends that the City Council consider the selection of two (2) dates for a City Council Brown Act, Harassment and Discrimination, and Ethics Training to be administered pursuant to the City Council Handbook.

BACKGROUND | ANALYSIS
Section 3.9 ‘Trainings’ of the adopted City Council Handbook outlines the trainings that City Council members should receive, and their frequency as summarized below.

Brown Act: Members of the City Council and commissions shall receive training in the Ralph M.

Brown Act as it relates to public service every two years.

Sexual Harassment Prevention: In addition, Council members shall receive two hours of sexual harassment prevention training every two years, per State law.

Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to their public service every two years.

At this time, all members of the City Council are due to receive the above referenced trainings and thus City Staff would like to make the appropriate arrangements so that the training may be administered.

Staff proposes that the training be administered in two (2) separate sessions by a licensed attorney, held in-person at Lindsay City Hall, held during an evening on a day of the workweek, and have an expected duration of 2-3 hours per session.

August 08, 2023 Regular Meeting of the Lindsay City Council

City Staff kindly requests that the City Council select two (2) of the below dates and times for the training.
• Friday August 25, 2023, at 5:00 PM or 6:00 PM
• Tuesday, August 29, 2023, at 5:00 PM or 6:00 PM
• Friday, September 01, 2023, at 5:00 PM or 6:00 PM
• Friday, September 15, 2023, at 5:00 PM or 6:00 PM

FISCAL IMPACT
The training cost is expected to total $4,075.00 +/- $750.00 (should the travel time for the training administrator be longer than 1.5 hours, one way). A more detailed breakdown is provided below.

Session #1: $2,150.00
• Brown Act (1 hour) and Ethics in Public Service Training (2 hours) Session #2: $1,925.00
• Harassment (2 hours)
This cost would be sourced from 101-4030-69088 CITY MANAGER STAFF TRAINING FUND.

ATTACHMENTS
• City Council Handbook
August 08, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay
City Council Handbook
Approved and Adopted:
01-11-2022 by Resolution 22-05
Amended:
02-14-2023 by Resolution 23-03
Last Updated: February 2023
August 08, 2023 Regular Meeting of the Lindsay City Council

Table of Contents
SECTION 1. GENERAL............................................................................................................................................ 3 SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS ................................................................ 4 SECTION 3. COUNCIL ADMINISTRATIVE MATTERS .............................................................................................. 5 SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA.............................................. 9 SECTION 5. MEETINGS.........................................................................................................................................10 SECTION 6. POSTING NOTICE AND AGENDA .....................................................................................................12 SECTION 7. AGENDA CONTENTS ........................................................................................................................13 SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS................................................................16 SECTION 9. CLOSED SESSIONS.............................................................................................................................21 SECTION 10. DECORUM.......................................................................................................................................23 SECTION 11. DISCLAIMER ...................................................................................................................................23 APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES) 24 APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY) ............................................................................................................................................................24 APPENDIX C: CITY OF LINDSAY SOCIAL MEDIA POLICY……………………………………..……..24 August 08, 2023 Regular Meeting of the Lindsay City Council

SECTION 1. GENERAL

1.1 Purpose. The purpose of the City Council Handbook is to promote communication, understanding, fairness, and trust among the members of the Lindsay City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Lindsay.

1.2 Values. Council members shall represent the best interests of the City and community at large. Councilmembers shall treat fellow Councilmembers, members of the public, staff and consultants with respect, civility and courtesy.

Councilmembers shall respect each other’s individual points of view and right to disagree. When addressing the public in any way, Councilmembers shall make certain their opinions are expressed solely as their own, and do not necessarily reflect the opinions of any other Councilmember. Council members shall respect the decisions of the majority of the Council at all times.

1.3 Code of Conduct. Members of City Council shall abide by the following code of conduct.

Members shall:

Work for the common good of the people of the City of Lindsay and not for any private or personal interest.

Endeavor to treat all members of the public and issues before them in a fair and equitable manner.

Make impartial decisions, free of bribes, unlawful gifts, narrow political interests and financial or other personal interests that impair independence of judgment or action.

Decisions will be fair, objective, made in public (unless allowed or required to be made in closed session), and understandable.

Fully participate in their meetings and other public forums while demonstrating respect and courtesy to others, practicing civility and decorum in discussions and debate, listening courteously and attentively, and engaging in effective communication.

Act in an efficient manner, making decisions based upon research and facts in accordance with the Brown Act to allow full and equal participation in the public process.

Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members, staff or members of the public. Refrain from negative comments regarding any person or August 08, 2023 Regular Meeting of the Lindsay City Council

group based on their race, ethnicity, sex, gender, sexual orientation, national origin, immigration status, religion, disability, age, marital status, or membership in any other protected category.

Respect and preserve the confidentiality of information provided to them concerning confidential matters of the City, and refrain from disclosing any information received confidentially without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.

Use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.

Respect established channels of communication with City staff, treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.

In unofficial settings, members of City Council shall be clear in representing to the public, other agencies, and the media whether their comments or statements represent the official position of the City or a personal viewpoint.

1.4 Review. The City Council Handbook shall be amended by a majority vote of the City Council and may be updated administratively by the City Clerk in order to remain current with federal, state, and local law. It is recommended that a new Council conduct a review of the document within thirty days of its first regular meeting.

1.5 Ralph M. Brown Act. All conduct of the City Council shall be in full compliance with State law, including the Ralph M. Brown Act.

SECTION 2. MAYOR AND MAYOR PRO TEM APPOINTMENT PROCESS

2.1 Appointment of Mayor. The Council shall appoint from among their members a Mayor. Nominations shall be recorded by the City Clerk. The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor shall serve a two-year term and serve as the Presiding Officer of the Council.

2.2 Appointment of Mayor Pro Tem. The Council shall appoint from among their members a Mayor Pro Tem. Nominations shall be recorded by the City Clerk.

August 08, 2023 Regular Meeting of the Lindsay City Council

The City Clerk will confirm acceptance of each nomination and put each nominee’s name to a vote in the order of the nominations received. The Mayor Pro Tem shall serve a one-year term and fulfill the duties of the Mayor in their absence.

SECTION 3. COUNCIL ADMINISTRATIVE MATTERS

3.1 Oath of Office. The oath of office shall be administered to all Councilmembers prior to their assumption of office, at or before the first meeting in January following a general election, or within 30 days of a qualified person’s appointment to fill a Council vacancy.

3.2 Reorganization. The reorganization of the Council shall occur at the first meeting in December, or as soon thereafter.

3.3 Seating Order. Following the reorganization of Council, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem shall always be seated immediately to the right of the Mayor.

3.4 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings unless unable.

Councilmembers will notify the City Manager or the City Clerk if they will be absent from a meeting, or if they wish to participate via teleconference prior to the meeting. Should a member of the Council have two (2) absences without notice, a review of Council Committees will be prompted and added to the next Council meeting agenda.

3.5 Appointment of Vacancy. If a vacancy occurs less than 90 days prior to a regular election, no appointment shall be made and the vacancy will be filled through the regular election process. Should a vacancy occur more than 90 days prior to the next regular election at which council members are to be elected, the vacancy shall be filled by a majority vote of the remaining members of the City Council.

The Council shall determine the process for appointment prior to the application process and in full accordance with State law.

3.6 Boards, Commissions, and Committees. The Council shall appoint representatives to committees, commissions, and boards as required by the governing bodies.

No later than the second regular meeting of January of each year, Council shall review all the appointments as provided in a list prepared by the City Clerk. The annual review will be conducted to fill vacancies or an expired term of office, and to consider removal of any appointee for cause, such as for failure to keep August 08, 2023 Regular Meeting of the Lindsay City Council

Council informed of the Committee’s activities, or for excessive absenteeism without good cause.

Each Councilmember shall commit themselves to serving as a representative on a minimum of one committee, commission, and/or board.

Councilmembers shall make a good faith effort to attend all meetings that require a quorum of the appointed members to convene a meeting.

If a Councilmember is unable to attend, they should notify their alternate and the City Clerk as far in advance of the meeting as possible.

Council representatives to such committees, commissions, or boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

The City Clerk will maintain and keep on file a list of Standing Committees, Ad Hoc Committees, regional agencies and organizations, and boards to which Councilmembers are appointed.

3.7 Reimbursement. The Council shall establish in the budget funding for conferences, meetings, training, and representation at ceremonial functions for the benefit of the City. Councilmembers shall attend these functions for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations. Councilmembers shall be subject to the City’s Administrative Policy and Procedures for travel and expenses reimbursement.

Councilmembers shall not exceed travel expenses in the amount of $2,500 per fiscal year. Should a Councilmember wish to exceed the $2,500 amount allotted for travel per fiscal year, the request shall be placed on a regular meeting agenda and subject to approval by a majority of the Council.

3.8 Requests for City-Sanctioned Events or Use/Rental of City Facilities Outside of Normal Operation Hours. Any request for a City-sanctioned event to the City Council will be submitted as an agenda item and follow the timelines for submittal of agenda reports. Any request for a City-sanctioned event should include general information regarding the purpose and content of the event; anticipated event cost; information on the presenters; contact information; expected staff resources, and its overall benefit to the City. The request must be made during the ‘Request for Future Items’ portion of the regular City Council meeting. The request will be placed on the next meeting agenda and be subject to approval by a majority of the Council.

August 08, 2023 Regular Meeting of the Lindsay City Council

3.9 Trainings.

Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to their public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing online a state-approved public service ethics education program. An individual who serves on multiple legislative bodies needs only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions.

Brown Act: Members of the City Council and commissions shall receive training in the Ralph M. Brown Act as it relates to public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Tulare County or by completing an online education component. Additionally, each Councilmember shall be provided with a digital copy of the a guide to the Ralph M. Brown Act prior to their assumption of office.

Sexual Harassment Prevention: In addition, Council members shall receive two hours of sexual harassment prevention training every two years, per State law.

New members must receive this training within their first six months of service.

3.10 Use of Electronic Devices During Council Meetings. Councilmembers shall not use electronic devices to send or receive communications regarding agenda items or to access information which other Councilmembers do not have equal access to during a meeting of the City Council at which they are in attendance. This does not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter.

3.11 Public Records. Councilmembers shall strive to use only their official City email account to conduct City business. The City shall provide Councilmembers with separate publicly owned devices such as tablets or cell phones for the conduct of City business.

If a request for records is received, a search that is reasonably calculated to locate responsive records will be conducted. Privacy concerns can and should be addressed on a case-by-case basis.

Social Media, AB 992, and the Brown Act. The City Council recognizes social media as a powerful tool for distributing important information and connecting with constituents. However, it is important to be mindful of how the regulations August 08, 2023 Regular Meeting of the Lindsay City Council

set forth in the Brown Act and, more recently, AB 992 impact Councilmembers’ use of social media.

Under AB 992, a public official may communicate on social media platforms to answer questions, provide information to the public or to solicit information from the public regarding a matter within the legislative body’s subject matter jurisdiction. However, these communications are only permissible so long as a majority of the members of the legislative body do not use any social media platform to “discuss among themselves” official business. Importantly, “discuss among themselves” has been broadly defined and arguably includes making posts, commenting, replying, sharing, reacting (e.g. “liking” a post) or using digital icons that express reactions, i.e., emojis.

The City council should abide by the provisions found within the City of Lindsay Social Media Policy.1
Best practices include the following:
a. Create a separate “business-only” account rather than using a personal account to distribute official information.
b. Limit online interactions with other Councilmembers to avoid the perception of a “serial meeting” under the Brown Act.
c. Avoid posting, responding, or interacting with posts that concern substantive agenda items or issues within subject matter jurisdiction. d. Do not block, unfriend, delete, or otherwise remove any social media user OR consider disabling the comment function altogether.

3.12 Conflict of Interest. The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures.

A public official who holds an office specified in Government Code Section 87200, and who has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in enough detail to be understood by the public. Residential street addresses do not have to be disclosed. 1 Attached as Appendix C
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b. Recuse themselves from discussing and voting on the matter, or otherwise acting in violation of Government Code Section 87100.
c. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar and is not pulled for extended discussion.

In the event, that multiple Councilmembers disclose a disqualifying Conflict of Interest for the same matter and a quorum is not reached with the remaining Councilmembers, the City Attorney shall provide guidance as to the selection method for achieving quorum.

It is critical to note that compliance with the State’s conflict of interest laws is each public official’s personal responsibility. While the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. Further, the City Attorney represents the City and City Council as a whole and not individual Councilmembers. The only authority that can provide binding interpretations and possible immunity from civil or criminal liability on such matters is the Fair Political Practices Commission (FPPC).

SECTION 4. COUNCIL INTERACTION WITH CITY MANAGER, STAFF, AND MEDIA

4.1 City Manager. Councilmembers are free to go to the City Manager to discuss any subject. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Councilmembers shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy. Direction to City employees, other than the City Manager or City Attorney, is the sole prerogative of the City Manager.

4.2 Staff. The Council shall not abuse staff nor embarrass staff during open session, or at any other time. If a Councilmember has a question on a subject on the agenda, the Councilmember is encouraged to contact the City Manager, City Clerk, or Department Head prior to any meeting at which the subject may be discussed. This does not restrict Councilmembers from asking additional questions during a Council meeting. The Council shall treat staff members professionally, and not attempt to pressure or influence discussions, recommendations, workloads, schedules or department priorities without the approval of a majority of the City Council providing direction directly to the City Manager.

4.3 Media. Typically, the Mayor is the designated representative of the Council to speak on official City positions; however, the Mayor may at any time decline to August 08, 2023 Regular Meeting of the Lindsay City Council

make a public statement and/or designate a speaker on their behalf. Any Councilmember may choose to comment to the media but should clearly distinguish between personal viewpoints and any official City position.

Generally, press releases shall be prepared by City staff and routed to the City Manager for approval before release to the media. No member of the City Council shall issue any press release on behalf of the City without the express approval of the City Manager. The Councilmember appointed to the role of Mayor shall be clear in making oral or written public statements that they represent their personal viewpoint as the Mayor, or upon approval of a majority of the City Council, represent the viewpoint of the full City Council.

SECTION 5. MEETINGS

5.1 Open to the Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.

5.2 Quorum. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. A quorum must be present to begin a Council meeting, for any vote to be taken, and during any portion of a noticed public hearing. If less than three Councilmembers appear at a regular meeting, the Mayor, Mayor Pro Tem in the absence of the Mayor, any Councilmember in the absence of both the Mayor and Mayor Pro Tem, or in the absence of all Council Members, the City Clerk, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum.

5.3 Broadcasting of City Council Meetings. All regular City Council meetings shall be video-recorded and broadcast over an online video teleconferencing platform of the City’s choice, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control.

5.4 Teleconferencing. If circumstances prevent a Councilmember from being physically present during a City Council meeting, the member may choose to participate via teleconference pursuant to State Law. Participation via teleconference shall be considered sufficient to attain Council quorum.

At the start of any Council meeting during which a Councilmember participates via teleconference, the City Clerk must announce the name of the Councilmember who is participating remotely and record that information in the meeting minutes. No Councilmember shall be authorized to participate in a meeting via teleconference unless:

August 08, 2023 Regular Meeting of the Lindsay City Council

a. The member notifies the City Manager and the City Clerk prior to the start of the meeting.
b. The remote connection is established prior to the start of the meeting and continuous for the duration of the meeting.
c. All persons present at the place of the meeting (including members of the public) can hear and speak to the person(s) participating remotely, and the person(s) participating remotely can hear and speak to all persons present at the place of the meeting, and to any other individual participating in the meeting via teleconference.

If a remote participant is disconnected from the meeting, the minutes must note that fact and the time at which the disconnection occurred.

A member who participates remotely retains their right to speak when recognized by the Presiding Officer, make or second any motion and cast votes.

5.5 Regular Meetings. As a matter of general principle, the City Council shall conduct its regular meetings at 6:00 p.m. on the second and fourth Tuesdays of each month in the City Council Chambers located at City Hall. The time, date, or place of a regular meeting may be altered as published in the Council agenda.

5.6 Adjournment. It shall be the policy of the City Council to adjourn meetings, including executive closed sessions, by 9:00 p.m. unless the Council elects to continue past the adjournment hour by unanimous consent of all Councilmembers in attendance, including any Councilmembers participating via teleconference. If at the hour of 9:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine by vote whether to continue any remaining items to the next regularly scheduled meeting or adjourn the meeting to another date and time pursuant to the procedures set forth in the Brown Act.

5.7 Successor Agency Meetings. The City Council also sits as Board Members of the Successor Agency to the dissolved Lindsay Redevelopment Agency and shall meet on an as-needed basis. The Mayor shall serve as Chairperson and the Mayor Pro Tem shall serve as the Vice Chairperson.

5.8 Special Meetings. Pursuant to Government Code Section 54956, a special meeting may only be called by the Mayor or a majority of the Council. Written notice must be given to the City Council and to the media 24 hours prior to a special meeting. Notice requirements of the Brown Act shall be complied with for all meetings. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

August 08, 2023 Regular Meeting of the Lindsay City Council

5.9 Study Sessions. The City Council may choose to hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. Study sessions are scheduled to provide Councilmembers the opportunity to better understand a particular item.

5.10 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. Requests for a closed session should be made to the City Manager.

SECTION 6. POSTING NOTICE AND AGENDA

6.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. The City Clerk shall post each agenda for a City Council regular meeting no less than 72 hours in advance of the meeting and shall post each agenda for a special meeting no less than 24 hours in advance of the meeting online and in the official bulletin board. The City Clerk shall maintain an affidavit indicating the location, date and time of posting for each agenda. The City Clerk shall also post agenda packets, minutes and all legal notices for City Council meetings on the City's website. Copies shall also be available free of charge in the City Clerk's Office.

Not later than the third day prior to said meeting, the City Clerk shall distribute the packet to each member of the City Council and place a packet for public review at the City Hall Bulletin Board. The agenda packet will also be made available to members of the press upon request and will be posted on the City's website. Any supplemental materials distributed to members of the City Council after the posting of the agenda will be available for public review in the City Clerk's Office and at the City Council meeting. If supplemental materials are made available to the members of the City Council at the meeting, a copy will be available for public review in the City Council Chambers. All supplemental materials shall be posted online after the meeting. The City Clerk shall not accept any agenda item or revised agenda item after established deadlines unless authorized by the City Manager.

6.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. Matters not included on the published agenda may not be discussed and acted upon unless otherwise authorized by State law or providing the City Council finds one of the following conditions is met: a) Four-fifths of the City Council determines that the subject August 08, 2023 Regular Meeting of the Lindsay City Council

meets the criteria of "Emergency" as defined in Section M. b) Four-fifths of the City Council determines that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.

6.3 Location of Posting. The notice and agenda shall be posted on a bulletin board, publicly accessible, at City Hall, 251 E. Honolulu Street, Lindsay, California, and on the City website.

SECTION 7. AGENDA CONTENTS

7.2 Agenda Packets. Councilmembers are expected to review the agenda and all agenda packet materials, participate in discussions, and make an informed decision on the merits of the issues before them. The complete agenda packet for any regular, special, or study session meeting shall be made available to the public as required by law.
a. Packet Preparation. No later than the Friday prior to the City Council Meeting, the City Clerk shall prepare the agenda packet, which shall include the agenda plus all of its corresponding agenda reports and attachments. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered. Reports carried over as Old Business shall be reproduced again at the City Manager's discretion.

7.3 Limitation to Act Only on Items on the Agenda. No action shall be taken on any matter not on the posted agenda, subject only to the exception whereupon a majority of the Council determines the existence of an “emergency situation” as defined by state law.

7.4 “Emergency Matter". In accordance with State Law, an emergency matter arises when prompt action is necessary due to the disruption or threatened disruption of public facilities and a majority of the City Council determines that: 1) a work stoppage or other activity which severely impairs public health, safety, or both; 2) a crippling disaster which severely impairs public health, safety or both.

Notice of the Council’s proposed consideration of any such emergency matter shall be given in the manner required by law for such an emergency pursuant to Government Code Section 54956.5.

7.5 "Timing" of Agenda. The City Clerk will “time” each agenda item as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting. This includes a suggested maximum of 10 minutes for any presentations to Council.

August 08, 2023 Regular Meeting of the Lindsay City Council

7.6 Consent Calendar. The Consent Calendar may include routine and noncontroversial items. Items on the Consent Calendar are treated as one agenda item and shall be acted upon by a single vote of Council. A Councilmember may request an item be removed from the Consent Calendar. Councilmembers shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.

7.7 Council Requests for Future Agenda Items. Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. IIf a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.

7.8 Procedure for Bringing Matters before City Council. a. Requesting Matters for Placement on the Agenda. Matters requested by City staff are approved by the City Manager. Agenda reports shall be reviewed by the City Manager. The City Manager can recommend that the matter be referred to the City Council or back to the originating department for adherence to required form, additional analysis, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions. The City Manager determines the placement and timing of items on the Agenda. b. Emergency and Non-Agendized Items. Emergency and non-agendized items may be added to an agenda only in accordance with state law.

Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies that severely impair the public health and/or safety qualify for emergency meetings. Adding an emergency item requires a four-fifths vote of the Council. Emergency items are very rare. More likely, after the agenda is posted, an item arises that the City Council would like to act on.

Nonagendized items may be added to the agenda only if the City Council makes findings that 1) the need to consider the item arose after the posting of the agenda; and 2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a fourfifths vote; if less than five members of City Council are present, the findings require a unanimous vote of those present.

August 08, 2023 Regular Meeting of the Lindsay City Council

c. Scheduling Public Hearings Mandated by State, Federal, or Local Statute.

The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or local statute mandates the City Council hold a public hearing.
d. Submission of Agenda Items. Except for Old Business, as a condition to placing an item on the agenda, agenda items from departments, shall be furnished to the City Clerk at a time established by the City Manager. The City Manager has set a deadline of 12:00 p.m. on Monday eight days prior to the regular City Council Meeting at which the item is to be presented. If Monday falls on a holiday, the agenda item shall be submitted to the City Clerk on the preceding Thursday, twelve days before a meeting. e. Proclamations. Ceremonial proclamations are often requested of the City in recognition of an event or individual. Certificates and Proclamations may be sent directly to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Council’s discretion. Proclamations may be approved by the Mayor, Two (2) Members of the City Council, or the City Manager (for routine items).

Proclamations or certificates of recognition will not be issued for: Political Campaigns or Endorsements of Political Candidates, individuals with no direct relationship to the City of Lindsay, or individuals contrary to City policies or any applicable law or regulation. City Council Members will have the opportunity for rebuttal of a proclamation immediately following its reading.
f. Formal City Council Positions. Formal support or opposition by the City Council for any form of a legislative platform, specific legislation or other matters shall be approved by a majority of the City Council. Any individual Councilmember may request the Mayor for approval to add an item to the agenda for consideration. The Mayor shall report out at a City Council Meeting, any statements made representing the viewpoint of the full City Council. The City Council shall not take action on any matter that has no direct effect on the local affairs of the City of Lindsay and over which the City, as a California municipal corporation, has no jurisdiction.

The requesting Councilmember shall furnish with the request, proposed language in the form of a letter, resolution, or other documentation that provides a direct connection or effect on the City of Lindsay. g. Scheduling a Presentation. Any requests for a presentation, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of a presentation, August 08, 2023 Regular Meeting of the Lindsay City Council

a vote will be taken on the item. If a majority of the City Council supports the presentation, then the presentation will be scheduled within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether a presentation should be added to an agenda, not the merit of the item. Members of the public may also request a presentation in writing to the City Clerk of City Manager. Staff shall present the written request to the Council at the meeting following the written request. A vote will be taken on the item.

SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

8.1 Sergeant-at-Arms. The Chief of Police their designee shall serve as the Sergeantat-Arms of the Council meetings, and shall be in attendance when requested by the Presiding Officer. The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at council meetings. The Mayor may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the City Council meetings. Upon instructions of the Mayor or a majority of the City Council, it shall be the duty of the Sergeant-of-Arms, or any officer present, to escort outside or place under arrest any person who violates the order and decorum of the meeting, and cause them as necessary, to be prosecuted under the provisions of applicable law. Effective January 1, 2022, Senate Bill (SB) 1100 Section 54957.95 pertaining to orderly conduct of open meetings will be in effect.

8.2 Parliamentarian. The City Clerk shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer, within the limitations imposed by Rosenberg’s Rules of Order and in consultation with the City Attorney.

8.3 Presiding Officer. The Mayor shall serve as the Presiding Officer of the Council.

As Presiding Officer, the Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable, the Mayor Pro Tem shall run the meeting.

In the absence of both the Mayor and the Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be selected by the Councilmembers present for the duration of one meeting only.

8.4 Responsibilities of the Presiding Officer.
a. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum August 08, 2023 Regular Meeting of the Lindsay City Council

contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and among Council, staff and public.
b. Communication with Councilmembers
i. Councilmembers shall request the floor from the Presiding Officer before speaking.
ii. When one member of the Council has the floor and is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.
c. Communication with Members of the Public Addressing the Council i. The Presiding Officer shall open the floor for public comment as appropriate.
ii. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Councilmembers and among Councilmembers and
members of the public.
iii. Members of the public shall direct their questions and comments to the Council, not to staff.

8.5 Rules of Order. The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
a. A motion is not required prior to a general discussion on an agenda item.

A pre-motion discussion allows the members to share their thoughts so that a motion can more easily be made that considers what appears to be the majority position.
b. All motions except nominations require a second.
c. A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
d. A motion to amend may still be used.

8.6 Public Hearing Procedures. Generally, public hearings are to be conducted in the following order:
a. Presentation of Staff Report.
b. Questions by Council and/or Staff.

August 08, 2023 Regular Meeting of the Lindsay City Council

c. Presiding Officer Opens Hearing.
d. Public Testimony.
i. Public Hearings shall be conducted with such time necessary for a fair and reasonable oral testimony; it is the City’s policy not to institute time limits for public testimony under Public Hearing matters.
e. Presiding Officer Closes Hearing.
i. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Council to reopen the hearing.
ii. No main motions may be made by a Councilmember until after a hearing is closed for public comment.
f. Discussion by Council.
g. Action by Council.

8.7 Public Comment.
a. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Presiding Officer.
b. Upon addressing the Council, each speaker is requested, but not required, to state their name.
c. Councilmembers shall be respectful of the speakers and shall not enter into a debate with any member of the public. Cross-exchange, including follow-up questions, between the Council and the public should be limited to the extent possible during Public Comment.
d. The public may also choose to submit a written comment. Public comments received via email, postal mail, or hand-delivered to the City Clerk will be distributed to the Council and incorporated into the official minutes; however, they will not be read aloud in open session. e. A group of speakers may designate a single speaker to represent the group. The designated speaker would be given the time which would have been allocated to others (to a maximum of 10 minutes) to speak.

Individuals wanting to delegate time to another must be present at the August 08, 2023 Regular Meeting of the Lindsay City Council

meeting and must indicate their desire to cede time to a single individual by notifying the City Clerk.
f. The Presiding Officer or Parliamentarian have the right to ask a member of the public to step down if over the allotted time or if comments are not germane.
g. Unless prior arrangements have been made by a member of the public with the City Clerk by the Friday preceding the Tuesday council meeting at 5:00 P.M., audiovisual materials of any kind will not be permitted during Public Comment.
h. Alternative methods of addressing the Council shall be allowed for persons who do not speak English or those who require other accommodations. Requests for accommodation should be made with the City Clerk.
i. State law provides that Council can take action only on such matters that have been noticed at least 72 hours in advance of the meeting, unless special circumstances are found to exist. As a result, substantive discussion or formal action by the Council on non-agendized items is not allowed under Public Comment.

8.8 Voting and Motions. Councilmembers will have the opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, any Councilmember may make a motion. Before the motion can be considered or discussed, it must be seconded; a motion that does not receive a second is considered a “dead” motion.

Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion.

8.9 Abstaining from a Vote. Any council member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. Any council member who publicly announces that they are abstaining from voting on a particular matter for specified and valid reasons shall not subsequently be allowed to withdraw that abstention.

8.10 Tie Votes. If a tie vote results at a time when less than all members of the Council who may legally participate in the matter are present, the matter may be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Otherwise, tie votes shall be lost motions.

August 08, 2023 Regular Meeting of the Lindsay City Council

8.11 Discussion.
a. Speaking More Than Once. To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken, other Councilmembers wishing to speak shall then be recognized. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.
b. Relevancy of Discussion. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Councilmembers shall avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.

A motion, its nature, or consequences, may be debated vigorously. It is never permissible to attack the motives, character, or personality of a Councilmember either directly or by innuendo or implication. It is the duty of the Presiding Officer to instantly rule out of order any Councilmember who engages in personal attacks.

It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation.
c. Duties of Councilmembers. Promptly at the time and the date of each regular meeting, members of the City Council shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition.
d. Presiding Officer’s Duties During Discussion. The Presiding Officer has the responsibility of controlling and expediting the discussion. A Councilmember who has been recognized to speak on a question has a right to the undivided attention of the Council. It is the duty of the Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary. e. After the Vote. Once a majority of the Council has approved a motion, no further discussion shall be made.

8.12 Councilmember Respect. Councilmembers shall abide by the majority decision of the Council, even if in the minority. All members of the Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Councilmember has more power than any other, and all shall be treated with equal respect.

August 08, 2023 Regular Meeting of the Lindsay City Council

SECTION 9. CLOSED SESSIONS

9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Lindsay financially. Therefore, closed sessions shall be held from time to time in accordance with the law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.

9.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.

9.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act.

Violation of this rule shall be considered a breach of this rule of confidentiality and grounds for censure.

9.4 Agenda. The agenda for a closed session will contain that information required to be disclosed pursuant to the Ralph M. Brown Act.

9.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M. Brown Act. The City Attorney and/or City Clerk will advise in advance on topics that may be discussed in a closed session.

9.6 Rules of Decorum.
a. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable and safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.

August 08, 2023 Regular Meeting of the Lindsay City Council

b. Prior to a vote, the Presiding Officer shall ensure that the motion is clearly stated and clearly understood by all Councilmembers.
c. Decorum by Councilmembers. While the City Council is in session, Councilmembers must respect the Presiding Officer’s authority to conduct each meeting and preserve order and decorum. A member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the Mayor, except as otherwise herein provided. Members shall make the public feel welcome, value each other's time and respect each other's opportunity to speak while attempting to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority.

9.7 Conduct of Meeting.
a. The Presiding Officer will call the closed session to order. b. The Presiding Officer will keep discussion focused on the permissible topics.
c. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.
d. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

9.8 Public Disclosure After Final Action.
a. The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by the Ralph M. Brown Act. B. The report will state only the action taken and the vote. Unless authorized by the majority of the City August 08, 2023 Regular Meeting of the Lindsay City Council

Council, the report will not make representations as to the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.

SECTION 10. DECORUM

10.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord the utmost courtesy to each other, City employees, and the public. When speaking, a Councilmember’s tone should remain neutral and non-verbal communication aspects should be considerate and polite.

10.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council.

10.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.

10.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the City Hall Chambers which disrupts City Council meetings, shall not be permitted. All cellular phones and other consumer electronic devices shall be muted while in the chambers.

SECTION 11. DISCLAIMER
To the extent a matter is not covered by the Handbook, the Presiding Officer in consultation with the City Clerk and/or City Attorney may make a ruling. Any such ruling may not violate the Charter of the City of Lindsay, the Lindsay Municipal Code, or statutory provisions that may govern a particular matter.

If any rule, guideline, or policy contained herein is in conflict with the provisions of the Charter or the Lindsay Municipal Code, such rule shall be deemed invalid or modified to conform to the Charter or Lindsay Municipal Code. Such invalidity shall not affect other rules, guidelines, or policies contained herein which can be given effect without the invalid rule, guideline, or policy, and to this end these rules, guidelines, and policies are severable. Any deviation from the City Council Handbook shall not, alone, invalidate the approval of any matter.

August 08, 2023 Regular Meeting of the Lindsay City Council

APPENDIX A: OPEN & PUBLIC: A GUIDE TO THE RALPH M. BROWN ACT (LEAGUE OF CALIFORNIA CITIES)
APPENDIX B: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21ST CENTURY)
APPENDIX C: CITY OF LINDSAY SOCIAL MEDIA POLICY
August 08, 2023 Regular Meeting of the Lindsay City Council

Open & Public V
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
August 08, 2023 Regular Meeting of the Lindsay City Council

II OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT

ACKNOWLEDGEMENTS

ACKNOWLEDGEMENTS
The League thanks the following individuals for their work on this publication:

Brown Act Committee
Michael Jenkins, Committee Chair
City Attorney, Hermosa Beach, Rolling Hills and West Hollywood Michael W. Barrett
City Attorney, Napa
Damien Brower
City Attorney, Brentwood
Ariel Pierre Calonne
City Attorney, Santa Barbara
Veronica Ramirez
Assistant City Attorney, Redwood City
Malathy Subramanian
City Attorney, Clayton and Lafayette
Paul Zarefsky
Deputy City Attorney, San Francisco
Gregory W. Stepanicich
1st Vice President, City Attorneys’ Department
City Attorney Fairfield, Mill Valley, Town of Ross
League Staff
Patrick Whitnell, General Counsel
Koreen Kelleher, Assistant General Counsel
Corrie Manning, Senior Deputy General Counsel
Alison Leary, Deputy General Counsel
Janet Leonard, Legal Assistant
August 08, 2023 Regular Meeting of the Lindsay City Council

OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 1
Open & PublicV
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ....................................................5 CHAPTER 2: LEGISLATIVE BODIES.................................................................11 CHAPTER 3: MEETINGS.................................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ...................29 CHAPTER 5: CLOSED SESSIONS....................................................................41 CHAPTER 6: REMEDIES .................................................................................55 August 08, 2023 Regular Meeting of the Lindsay City Council

2 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT

TABLE OF CONTENTS

TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ..........................................5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy..............................................................................................................................8 Beyond the law — good business practices............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES.......................................................11 What is a “legislative body” of a local agency? ......................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS........................................................................17 Brown Act meetings...............................................................................................................18 Six exceptions to the meeting definition...............................................................................18 Collective briefings.................................................................................................................21 Retreats or workshops of legislative bodies..........................................................................21 Serial meetings.......................................................................................................................21 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................24 Location of meetings..............................................................................................................25 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ......29 Agendas for regular meetings................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................32 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings....................................33 August 08, 2023 Regular Meeting of the Lindsay City Council

OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 3
Non-agenda items..................................................................................................................34 Responding to the public .......................................................................................................34 The right to attend and observe meetings ............................................................................35 Records and recordings .........................................................................................................36 The public’s place on the agenda ..........................................................................................37 CHAPTER 5: CLOSED SESSIONS ..........................................................41 Agendas and reports..............................................................................................................42 Litigation.................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint Powers Authorities ........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets.................................................................................49 Other legislative bases for closed session.............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................50 CHAPTER 6: REMEDIES ........................................................................55 Invalidation .............................................................................................................................56 Applicability to Past Actions ..................................................................................................57 Civil action to prevent future violations.................................................................................57 Costs and attorney’s fees ......................................................................................................58 Criminal complaints ...............................................................................................................58 Voluntary resolution...............................................................................................................59 August 08, 2023 Regular Meeting of the Lindsay City Council

4 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
August 08, 2023 Regular Meeting of the Lindsay City Council

OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 5 5
Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access.............................................................................................................. 6 Broad coverage ................................................................................................................... 6 Narrow exemptions ............................................................................................................ 7 Public participation in meetings ......................................................................................... 7 Controversy......................................................................................................................... 8 Beyond the law — good business practices ...................................................................... 8 Achieving balance............................................................................................................... 9 Historical note..................................................................................................................... 9 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
August 08, 2023 Regular Meeting of the Lindsay City Council

6 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the Brown Act’s initial section, declaring the Legislature’s intent:
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1
The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence:
“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.

Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly-elected members of a legislative body, even before they take office.

Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.

In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.

August 08, 2023 Regular Meeting of the Lindsay City Council