Lindsay City Council
October 10, 2023

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on October 10, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.

Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. PLEDGE
Led by Council Member SANCHEZ.

3. ROLL CALL

4. APPROVAL OF AGENDA

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.

6. COUNCIL REPORT

7. CITY MANAGER REPORT

8. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

8.1 Minutes from September 26, 2023 Regular Meeting (pp. 4 – 9)

8.2 Warrant List for September 18, 2023 through October 01, 2023 (pp. 10 – 15)

8.3 Treasurer’s Report for September 2023 (p. 16)
October 10, 2023 Regular Meeting of the Lindsay City Council

8.4 Consider Minute Order Approval of Amendments and Revisions to the City Lindsay Personnel Rules and Regulations (pp. 17 – 139)

8.5 Second Reading of Ordinance No. 611, An Ordinance of the City Council of the City of Lindsay Amending Chapter 18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units of Title Eighteen (18) Zoning of the Lindsay Municipal Code, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 140 – 168)

8.6 Consider the Rejection of Bids Received in Response to the Water Treatment Plant - Bank D: Media Change-Out Project Request for Proposals (RFPs) and Authorize Staff to Re-Bid the Project (pp. 169 – 171)

9. ACTION ITEMS

9.1 Consider Approval of the City Hall Clock Chime Unit Project and Budget and Expenditures Thereto (pp. 172 – 180)
Presented by Neyba Amezcua, Director of City Services & Planning

9.2 Special Event Permit (SEP) No. 23-08 (pp. 181 – 214) A. Consider Approval of Special Event Permit (SEP) No. 23-08 for the 13th Annual Lindsay Rib Cook-Off Event in Downtown Lindsay on November 04, 2023 (pp. 181 – 214)
B. Consider Approval of Fee Waiver for Special Event Permit (SEP) No. 23-08 (pp. 181 – 214)
Presented by Araceli Mejia, Assistant City Planner

9.3 Consider the Approval of Lindsay-Strathmore Irrigation District’s Request to Connect Seven (7) of their Existing Residential Accounts to the City Water System on Bellah Avenue (pp. 215 – 220)
Presented by Neyba Amezcua, Director of City Services & Planning

10. EXECUTIVE (CLOSED) SESSION

10.1 Conference with Real Property Negotiators Pursuant to Cal Gov. Code § 54956.8 Property: 108 West Honolulu Street, Lindsay, California 93247 (APN 205-271-001) Agency Negotiator: Joseph M. Tanner, City of Lindsay
Negotiating Parties: Woodlake Holdings LLC
Under Negotiation: Terms and Conditions of Potential Sale

10.2 Public Employee Performance Evaluation – City Manager Pursuant to Cal Gov. Code § 54957(b)(1)
October 10, 2023 Regular Meeting of the Lindsay City Council

11. REQUEST FOR FUTURE 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. If 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.

12. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.

The next Regular Meeting of the Lindsay City Council is scheduled to be held on October 24, 2023.

October 10, 2023 Regular Meeting of the Lindsay City Council

LINDSAY CITY COUNCIL

REGULAR MEETING AGENDA

MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on September 26, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087. Those who would like to make a public comment during the public comment portion of the agenda may do so by utilizing the raise hand feature or indicating they would like to make a comment in the chat.

Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].

1. CALL TO ORDER

2. PLEDGE
Led by Mayor CERROS.

3. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Sanchez
Council Member Serna
Council Member Caudillo

4. APPROVAL OF AGENDA
Motion to Approve Agenda with Item 13.1 Removed
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SERNA (5-0) AYE AYE AYE AYE AYE

5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via October 10, 2023 Regular Meeting of the Lindsay City Council

email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time. • No public comment was received in-person or via teleconference.

6. COUNCIL REPORT
• Council Member SANCHEZ stated that it was good to see everyone. SANCHEZ attended the League of California Cities Conference, and it was very informative. She enjoyed networking and learning and feels as though she came back full of information. SANCHEZ shared that there were informative sessions on City Council relations with Council, Staff, and City Manager’s. SANCHEZ shared that she feels that it is important that the Council get along with the City Manager and Staff to build trust and move the City forward.
• Council Member CAUDILLO shared that she was glad to see everyone and had no report. • Council Member SERNA shared that it was nice to see everyone and had no report. • Mayor Pro Tem FLORES stated that she had quite an experience at the conference and thanked the DIRECTOR OF CITY SERVICES & PLANNING for acquiring the staff that she has been needing for years. FLORES also thanked the DIRECTOR OF RECREATION SERVICES for respecting the fact that the City has many priority items to fund and appreciates his understanding. • Mayor CERROS attended the TCRTA meeting and TCAG meetings. CERROS also attended the League of California Cities Conference with fellow Council Members and was able to successfully network with many individuals. CERROS congratulated the Lindsay Chamber of Commerce on their successful Potato Fundraiser. CERROS met with the Vice President of CSU Fresno and met with UC Davis as well and hopes to develop a University hub in Lindsay, which is a project he would love to assist with.

7. CITY MANAGER REPORT
• CITY MANAGER reported that the Community Police Academy is currently underway and is a multiple week course.
• CITY MANAGER reported that complaints on homelessness especially on Highway 65 have increased, so the Public Safety Department will focus many efforts on combatting those issues. • CITY MANAGER informed that he received a call last week from the State Auditor who was checking in on the City and requesting a copy of the City’s financial audit. Auditor reported that they will be conducting a review of the City in the next year. Auditor also reported that they will be eliminating the high-risk program.
• CITY MANAGER reported that the next City Water Ad-Hoc Committee Meeting will be a Water & Sewer facilities tour and is scheduled for October 07, 2023. • CITY MANAGER reported that City Staff will be conducting a walk-through of Olive Bowl/Kaku Park on October 12, 2023.
• CITY MANAGER shared that City Staff has begun social media training, which is expected to last three (3) days.
• CITY MANAGER shared that the downtown fire site wall is currently under design and hopes to have it completed soon.
• CITY MANAGER shared that the Transit Center Project is expected to go out to bid in November.

8. INTRODUCTION ITEMS

8.1 Introduction of Lindsay High School Associated Student Body (ASB) Representative October 10, 2023 Regular Meeting of the Lindsay City Council

Daisy Andrade-Lemus
Presented by Francesca Quintana, City Clerk & Assistant to the City Manager

8.2 Introduction of Maintenance Gaspar Andrade, Jonathan Gutierrez, and Rogelio Cortez (p. 4) Presented by Marshall Chairez, Maintenance Senior III

9. DISCUSSION ITEMS

9.1 Discussion and Direction Regarding Approval or Denial of Councilmember Absences (p. 5) Item Requested by Council Member Serna
Presented by Megan Dodd, City Attorney

9.2 City Council Contingency Fund (p. 6)
Item Requested by Mayor Cerros
Presented by Salvador Guzman, Director of Finance

9.3 Downtown Area Maintenance and Vacant Property Abatement (pp. 7 – 13) Item Requested by Council Member Serna
Presented by Heidi Schoeppe, President/Managing Director of Webb Municipal Finance, LLC

10. PRESENTATION ITEMS

10.1 Streets Update
Item Requested by Mayor Pro Tem Flores
Presented by Neyba Amezcua, Director of City Services & Planning

10.2 Fiscal Year 2021 – 2022 Annual Comprehensive Financial Report (ACFR) (pp. 14 – 101) Presented by Joseph M. Tanner, City Manager

11. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.

11.1 Minutes from September 12, 2023, Regular Meeting (pp. 102 – 107)

11.2 Warrant List for September 01, 2023, through September 17, 2023 (pp. 108 – 117)

11.3 Consider Minute Order Approval Funding Reallocation of Fiscal Year 2022 – 2023 Scada Expansion Project to the Water Treatment Plant Filter Bank A & D Turbidity Meters Upgrade Project (pp. 118 – 123)

11.4 Consider Minute Order Approval of Letter of Support for Frontier’s Fiber Federal Funding Account (FFA) Tulare County Application (p. 124)
October 10, 2023 Regular Meeting of the Lindsay City Council

Motion to Approve Consent Calendar
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS CAUDILLO (5-0) AYE AYE AYE AYE AYE

12. PUBLIC HEARING ITEMS

12.1 City of Lindsay Budget, Capital Improvement Plan, and GANN Appropriations (pp. 125 – 268)
A. Second Public Hearing to Consider the Approval of Resolution No. 23-38, A Resolution of the City Council of the City of Lindsay, Adopting the Fiscal Year 2023 – 2024 Operating Budget and the Fiscal Years 2024 – 2029 Five-Year Capital Improvement Plan (pp. 125 – 264)
• Mayor opened the public hearing at 7:50 PM.
• Receiving no public comment, Mayor closed the public hearing at 7:51 PM.

Motion to Approve Item 12.1A with 2% Salary Increase for Mid-Management and Contract Employees Removed, Firefighter/Fire Prevention Specialist Removed, Administrative Secretary for Human Resources Removed, and $25,000 Allocation for City Services Training Included 1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
FLORES SERNA (4 AYES-1

ABSTENSION,
0-NAYS)

AYE AYE AYE ABSTAIN AYE
B. Second Public Hearing to Consider the Approval of Resolution No. 23-39, A Resolution of the City Council of the City of Lindsay Approving and Adopting the Fiscal Year 2023 – 2024 GANN Appropriations Limit (pp. 265 – 268) • Mayor opened the public hearing at 7:53 PM.
• Receiving no public comment, Mayor closed the public hearing at 7:54 PM.

Motion to Approve Item 12.1B
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
FLORES SANCHEZ (4 AYES-1

ABSTENSION,
0-NAYS)

ABSTAIN AYE AYE AYE AYE
Presented by Salvador Guzman, Director of Finance

12.2 Sign Ordinance (pp. 269 – 301)
October 10, 2023 Regular Meeting of the Lindsay City Council

A. First Reading of Ordinance No. 611, An Ordinance of the City Council of the City of Lindsay Amending Chapter 18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units of Title Eighteen (18) Zoning of the Lindsay Municipal Code, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 269 – 297) • Mayor opened the public hearing at 8:00 PM.
• Receiving no public comment, Mayor closed the public hearing at 8:01 PM.

Motion to Approve Item 12.2A
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS FLORES (4 AYES-1

ABSTENSION,
0-NAYS)

ABSTAIN AYE AYE AYE AYE
B. Public Hearing to Consider Approval of Resolution No. 23-40, A Resolution of the City Council of the City of Lindsay Amending Sign Permit Fees and Charges and Repealing all Other Resolutions Relative to Sign Permit Fees and Charges Thereto (pp. 298 – 301)
• Mayor opened the public hearing at 8:04 PM.
• Receiving no public comment, Mayor closed the public hearing at 8:05 PM.

Motion to Approve Item 12.2B
1 st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (4 AYES-1

ABSTENSION,
0-NAYS)

ABSTAIN AYE AYE AYE AYE
Presented by Araceli Mejia, Assistant City Planner

13. EXECUTIVE (CLOSED) SESSION

13.1 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): One (1) Case

14. REQUEST FOR FUTURE 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. If 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.

October 10, 2023 Regular Meeting of the Lindsay City Council

• No requests for future items were made.

15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.

The next Regular Meeting of the Lindsay City Council is scheduled to be held on September 26, 2023. • Mayor adjourned the meeting at 8:06 PM.

October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY | WARRANT LIST 10/1/2023
TRANSACTION DATES: 09/18/2023 THROUGH 10/01/2023
Check# Fund Date Vendor # Vendor Name Description Amount 24513 $316.62
101 - GENERAL FUND 09/22/23 4660 CITY OF LINDSAY DED:052 WELLNESS 16.62 101 - GENERAL FUND 09/22/23 4660 CITY OF LINDSAY DED:CDBG CDBG PMT 300.00 24514 $485.72
101 - GENERAL FUND 09/22/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 485.72 24515 $293.48
101 - GENERAL FUND 09/22/23 3192 SEIU LOCAL 521 DED:COPE COPE SEIU 1.00 101 - GENERAL FUND 09/22/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES 292.48 24516 $8,515.66
101 - GENERAL FUND 09/22/23 6452 GREAT-WEST TRUST DED:0500 DEF COMP 3,006.80 101 - GENERAL FUND 09/22/23 6452 GREAT-WEST TRUST DED:0555 DC LOANPAY 1,467.08 101 - GENERAL FUND 09/22/23 6452 GREAT-WEST TRUST DED:151 DEFERCOMP 3,493.09 101 - GENERAL FUND 09/22/23 6452 GREAT-WEST TRUST DED:ROTH ROTH 548.69 24517 $41.58
101 - GENERAL FUND 09/22/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 24518 $89.97
101 - GENERAL FUND 09/22/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 89.97 24519 $468.47
101 - GENERAL FUND 09/22/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 468.47 24520 $183,465.69
600 - CAPITAL IMPROVEMENT 09/29/23 5344 99 PIPE LINE INC. BILL#3LAFAYETTE WAT 183,465.69 24521 $1,219.00
101 - GENERAL FUND 09/29/23 6504 ADVENTIST HEALTH TO AUG. TOXICOLOGY SVC 1,219.00 24522 $882.67
101 - GENERAL FUND 09/29/23 007 AG IRRIGATION SALES COMPRESSION COUPLIN 61.72 101 - GENERAL FUND 09/29/23 007 AG IRRIGATION SALES ELECT GLOBE/ANGLE V 107.36 101 - GENERAL FUND 09/29/23 007 AG IRRIGATION SALES FALCON ROTOR SPRINK 556.54 101 - GENERAL FUND 09/29/23 007 AG IRRIGATION SALES PVC PIPES,COUPLINGS 116.62 552 - WATER 09/29/23 007 AG IRRIGATION SALES 1" CONT AUTO AIR VE 40.43 24523 $1,256.47
101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA CM-DRY CHEM RECHARG 152.43 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA FD-DRY CHEM RECHARG 152.43 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA CORP YARD-DRY CHEM. 219.56 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA CS-DRY CHEM RECHARG 152.43 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA SENIOR CENTER-DRY C 75.00 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA PARK SHOP-DRY CHEM. 35.00 101 - GENERAL FUND 09/29/23 1858 ALL PRO FIRE AND SA SPORT PARK CAFE-DRY 50.00 552 - WATER 09/29/23 1858 ALL PRO FIRE AND SA CANAL-DRY CHEM RECH 35.00 552 - WATER 09/29/23 1858 ALL PRO FIRE AND SA WATER TREATMENT-DRY 130.89 553 - SEWER 09/29/23 1858 ALL PRO FIRE AND SA WWTP-DRY CHEM RECHA 253.73 24524 $982.24
101 - GENERAL FUND 09/29/23 6600 AMERICAN HERITAGE L SEP. ACCIDENT PLAN 982.24 24525 $47.02
101 - GENERAL FUND 09/29/23 5812 ANITA SALINAS UUT REFUND FY 22/23 47.02 24526 $1,006.32
101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA DIESEL EXHAUST FLUI 22.28 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA POWER CAR WASH WAX 37.59 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA SILVERSTAR LIGHT BU 43.38 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA AIR,OIL&CABIN FILTE 100.85 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA FIRE EXTINGUISHER 67.68 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA RECEIVER HITCH 208.85 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK#88-RATCHET 50.01 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK56-FLOOR MAT 42.62 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK56-RECEIVER HI (208.85) 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK56-TRI-BALL,LO 184.33 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK65-PROELITE MA 32.61 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA TRUCK88-MOTOR OIL 81.73 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA BACKHOE-MOTOR OIL 38.27 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA MAT, TRI-BALL MOUNT 150.26 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA ON/OFF SWITCH, FUSE 30.41 101 - GENERAL FUND 09/29/23 5457 AUTO ZONE COMMERCIA PROELITE SUV COVER 76.97 553 - SEWER 09/29/23 5457 AUTO ZONE COMMERCIA LUCAS OIL,CATALYST 47.33 24527 $354.74
101 - GENERAL FUND 09/29/23 3056 CALIFORNIA TURF EQU BLADE,OIL,SPOOL LIN 354.74 24528 $122.46
400 - WELLNESS CENTER 09/29/23 6351 CANON FINANCIAL SER WC-#2UL13180 9/1-9/ 122.46 October 10, 2023 Regular Meeting of the Lindsay City Council

24529 $100.00
101 - GENERAL FUND 09/29/23 7152 CARMEN DIAZ ARBOR DEPOSIT REFUN 100.00 24530 $332.92
400 - WELLNESS CENTER 09/29/23 6500 CHARTER COMMUNICATI W.C. VOICE & INTERN 332.92 24533 $1,187.58
101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.50 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.51 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.62 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.62 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.63 101 - GENERAL FUND 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 400 - WELLNESS CENTER 09/29/23 5832 CINTAS CORPORATION DISNFCT/CLEANING SU 224.48 552 - WATER 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 552 - WATER 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 552 - WATER 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 552 - WATER 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.62 552 - WATER 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 553 - SEWER 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 553 - SEWER 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 553 - SEWER 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 553 - SEWER 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.62 553 - SEWER 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 554 - REFUSE 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 554 - REFUSE 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.49 554 - REFUSE 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 554 - REFUSE 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.63 554 - REFUSE 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 556 - VITA-PAKT 09/29/23 5832 CINTAS CORPORATION SIG SANT SVC,GRAY M 14.49 556 - VITA-PAKT 09/29/23 5832 CINTAS CORPORATION SIG ZFOLD RFL PAPER 14.50 556 - VITA-PAKT 09/29/23 5832 CINTAS CORPORATION SOAP,MAT,CLEAN UNIF 42.52 556 - VITA-PAKT 09/29/23 5832 CINTAS CORPORATION TOILET SEAT COVER,M 23.63 556 - VITA-PAKT 09/29/23 5832 CINTAS CORPORATION WASH UNIFORMS,SOAP 42.46 24534 $1,829.00
101 - GENERAL FUND 09/29/23 279 CITY OF PORTERVILLE JUNE- ANIMAL SERVICES 1,829.00 24535 $19,773.65
400 - WELLNESS CENTER 09/29/23 7151 CLEAN AND SHINE SER W.C.-BIRD NETTING 19,773.65 24536 $6,582.00
400 - WELLNESS CENTER 09/29/23 6090 CLEAN CUT LANDSCAPE W.C. AUGUST LANDSCAPING 975.00 883 - SIERRA VIEW ASSESSMENT 09/29/23 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 1,781.00 884 - HERITAGE ASSESSMENT DIST 09/29/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARK-LANDS 315.00 884 - HERITAGE ASSESSMENT DIST 09/29/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARKSIDE 700.25 886 - SAMOA 09/29/23 6090 CLEAN CUT LANDSCAPE SAMOA TOWNHOMES-LAN 154.00 887 - SWEETBRIER TOWNHOUSES 09/29/23 6090 CLEAN CUT LANDSCAPE SWEETBRIER/HERMOSA 546.00 888 - PARKSIDE 09/29/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES 1,148.75 888 - PARKSIDE 09/29/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES-LA 225.00 889 - SIERRA VISTA ASSESSMENT 09/29/23 6090 CLEAN CUT LANDSCAPE SIERRA VISTA ESTATE 97.00 890 - MAPLE VALLEY ASSESSMENT 09/29/23 6090 CLEAN CUT LANDSCAPE MAPLE VALLEY-LANDSC 55.00 891 - PELOUS RANCH 09/29/23 6090 CLEAN CUT LANDSCAPE PELOUS RANCH-LANDSC 585.00 24537 $459.57
101 - GENERAL FUND 09/29/23 6672 COLBY'S TIRE,TOWING LIC#1405531 A/C SVC 459.57 24538 $1,025.00
600 - CAPITAL IMPROVEMENT 09/29/23 091 CONSOLIDATED TESTIN VALENCIA&LINDA VIST 1,025.00 24539 $157.41
101 - GENERAL FUND 09/29/23 102 CULLIGAN #55962 AUG-LATE FEE 4.16 101 - GENERAL FUND 09/29/23 102 CULLIGAN PS-#55962 AUGUST 153.25 24540 $64.57
101 - GENERAL FUND 09/29/23 4683 DENNIS R. MEDDERS UUT REFUND FY22/23 64.57 24541 $210.00
101 - GENERAL FUND 09/29/23 316 DEPT OF JUSTICE AUG. ALCOHOL ANALYS 70.00 101 - GENERAL FUND 09/29/23 316 DEPT OF JUSTICE BLOOD ALCOHOL ANALY 140.00 24542 $646.08
781 - CAL HOME RLF 09/29/23 2540 DEPT.OF HOUSING & C 8/31/23CALHOME TO H 646.08 October 10, 2023 Regular Meeting of the Lindsay City Council

24543 $750.00
781 - CAL HOME RLF 09/29/23 2540 DEPT.OF HOUSING & C 9/15/23CALHOME TO H 750.00 24544 $11,536.55
700 - CDBG REVOLVING LN FUND 09/29/23 2540 DEPT.OF HOUSING & C 8/31/23 CDBG TO HCD 11,536.55 24545 $1,696.59
700 - CDBG REVOLVING LN FUND 09/29/23 2540 DEPT.OF HOUSING & C 9/15/23 CDBG TO HCD 1,696.59 24546 $6,785.37
720 - HOME REVOLVING LN FUND 09/29/23 2540 DEPT.OF HOUSING & C 8/31/23 HOME TO HCD 6,785.37 24547 $21,588.72
720 - HOME REVOLVING LN FUND 09/29/23 2540 DEPT.OF HOUSING & C 9/15/23 HOME TO HCD 21,588.72 24548 $3,931.50
553 - SEWER 09/29/23 5978 DOMINO SOLAR LTD JB-9325693-00 AUGUS 3,931.50 24549 $130.97
101 - GENERAL FUND 09/29/23 6666 EDNA HUBBARD REIMBURSE WORK BOOT 130.97 24550 $24.83
101 - GENERAL FUND 09/29/23 4387 ESTELLA FLORES UUT REFUND FY 22/23 24.83 24551 $906.36
101 - GENERAL FUND 09/29/23 3663 FAILSAFE TESTING REPAIRED LADDER FEE 906.36 24552 $100.00
101 - GENERAL FUND 09/29/23 7154 FLORENCIO GONZALEZ ARBOR DEPOSIT REFUN 100.00 24553 $61.29
101 - GENERAL FUND 09/29/23 1450 FRESNO OXYGEN & WEL D,E,SML,MED CYLINDE 61.29 24554 $2,215.00
552 - WATER 09/29/23 137 FRIANT WATER AUTHOR FKC FOR OCT. OM&R 2,215.00 24555 $1,488.73
101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2652 43.04 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2656 43.04 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2662 56.91 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-188-3200 5.09 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 562-2512 178.76 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-188-3200 5.09 101 - GENERAL FUND 09/29/23 6010 FRONTIER COMMUNICAT 209-042-9309 1.99 552 - WATER 09/29/23 6010 FRONTIER COMMUNICAT 209-150-2936 78.33 552 - WATER 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 552 - WATER 09/29/23 6010 FRONTIER COMMUNICAT 209-188-3200 5.09 552 - WATER 09/29/23 6010 FRONTIER COMMUNICAT 562-1552 129.21 552 - WATER 09/29/23 6010 FRONTIER COMMUNICAT 562-7131 162.11 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 209-150-3621 111.41 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2650 21.52 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2654 43.04 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 209-151-2655 43.04 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 209-188-3200 5.09 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 559-562-6317 125.03 553 - SEWER 09/29/23 6010 FRONTIER COMMUNICAT 562-7132 366.38 24556 $1,992.44
101 - GENERAL FUND 09/29/23 151 GRAINGER INC 2 TRUCK BOX CHEST 400.28 101 - GENERAL FUND 09/29/23 151 GRAINGER INC FLASHING AMBER LIGH 170.91 101 - GENERAL FUND 09/29/23 151 GRAINGER INC JAW PULLER 220.41 101 - GENERAL FUND 09/29/23 151 GRAINGER INC 2 TRUCK BOX CHEST 400.28 552 - WATER 09/29/23 151 GRAINGER INC 2 TRUCK BOX CHEST 400.28 553 - SEWER 09/29/23 151 GRAINGER INC 2 TRUCK BOX CHEST 400.28 24557 $128.32
101 - GENERAL FUND 09/29/23 1391 HOME DEPOT PLYWOOD & LUMBER FE 128.32 24558 $36.64
101 - GENERAL FUND 09/29/23 2369 IMOGENE HALL UUT REFUND FY 22/23 36.64 24559 $100.00
101 - GENERAL FUND 09/29/23 6188 JEANETTE KEEL ARBOR DEPOSIT REFUND 100.00 24560 $153.03
101 - GENERAL FUND 09/29/23 1198 JENSEN & PILEGARD LANDSCAPE-BLADES 153.03 24561 $243.73
400 - WELLNESS CENTER 09/29/23 197 JORGENSEN COMPANY I W.C.-SEMI ANNUAL SV 243.73 24562 $53.60
101 - GENERAL FUND 09/29/23 4947 JOSEPH MONGE UUT REFUND FY 22/23 53.60 24563 $250.00
101 - GENERAL FUND 09/29/23 6687 JOSEPH TANNER 2023 ICMA CONFERENC 250.00 24564 $6,000.00
552 - WATER 09/29/23 6774 KAWEAH WATER FOUNDA SAFE DRINKING WATER 6,000.00 24565 $70,608.72
101 - GENERAL FUND 09/29/23 6100 KEENAN & ASSOCIATES OCT. PPO 250 ACTIVE 62,873.01 101 - GENERAL FUND 09/29/23 6100 KEENAN & ASSOCIATES OCT. PPO 500 ACTIVE 7,735.71 October 10, 2023 Regular Meeting of the Lindsay City Council

24566 $1,100.00
779 - 00-HOME-0487 09/29/23 2437 KEMPER J CORTEZ 209 N SWEE 1,100.00 24567 $61.28
101 - GENERAL FUND 09/29/23 5945 LARRY OLIN SHAW UUT REFUND FY 22/23 61.28 24568 $2,617.28
400 - WELLNESS CENTER 09/29/23 5788 LINCOLN AQUATICS CHLOR. BOTTLE DEPOS (300.00) 400 - WELLNESS CENTER 09/29/23 5788 LINCOLN AQUATICS PESTICIDE,CHLORINE 1,237.24 400 - WELLNESS CENTER 09/29/23 5788 LINCOLN AQUATICS SANI-CHLOR,CYL DEPO 1,680.04 24569 $897.32
101 - GENERAL FUND 09/29/23 4067 LINCOLN NAT'L INSUR OCT. 2023 LIFE PLAN 897.32 24570 $235.00
101 - GENERAL FUND 09/29/23 7153 LINDSAY RIB COOK OF RIB COOK OFF BOOTH 235.00 24571 $500.00
400 - WELLNESS CENTER 09/29/23 3352 LINDSAY SKIMMERS RENTAL DEPOSIT REFUND 500.00 24572 $75.00
101 - GENERAL FUND 09/29/23 5424 LINDSAY VETERINARY 8/31/23 ANIMAL SERV 25.00 101 - GENERAL FUND 09/29/23 5424 LINDSAY VETERINARY 9/7/23 ANIMAL SERVI 50.00 24573 $2,877.22
552 - WATER 09/29/23 6550 MARIO SAGREDO ELECT CANAL-BOOSTER PUMP 2,610.91 553 - SEWER 09/29/23 6550 MARIO SAGREDO ELECT WW-HOOK UP PIG TAIL 266.31 24574 $43.86
101 - GENERAL FUND 09/29/23 4685 MARY FLORES UUT REFUND FY 22/23 43.86 24575 $900.00
101 - GENERAL FUND 09/29/23 3638 MASCORRO PLUMBING PLUMBING-911 N PARK 900.00 24576 $6.46
101 - GENERAL FUND 09/29/23 5852 MID VALLEY DISPOSAL FINANCE CHARGE 6.46 24577 $33.10
101 - GENERAL FUND 09/29/23 6349 OLGA RENTERIA UUT REFUND FY 22/23 33.10 24578 $229.35
552 - WATER 09/29/23 6673 PACE SUPPLY CORP WATER BOX ACCESSORI 229.35 24579 $88.06
101 - GENERAL FUND 09/29/23 4949 PETER SALCEDO UUT REFUND FY 22/23 88.06 24580 $195.75
101 - GENERAL FUND 09/29/23 272 PITNEY BOWES INC. POSTAGE METER RENTA 195.75 24581 $3,239.91
101 - GENERAL FUND 09/29/23 6991 PREMIER ACCESS INSU OCT. 2023 DENTAL PL 3,239.91 24582 $2,163.86
101 - GENERAL FUND 09/29/23 3036 PRO FORCE LAW ENFOR 2 9MM GUNS 1,616.04 101 - GENERAL FUND 09/29/23 3036 PRO FORCE LAW ENFOR 9MM GUN 547.82 24583 $965.50
101 - GENERAL FUND 09/29/23 285 QUILL CORPORATION BINDERS 36.38 101 - GENERAL FUND 09/29/23 285 QUILL CORPORATION PENS,STAPLES,FOLDER 91.52 101 - GENERAL FUND 09/29/23 285 QUILL CORPORATION DRY ERASE,FILE FOLD 199.33 101 - GENERAL FUND 09/29/23 285 QUILL CORPORATION TRASH BAGS 520.83 400 - WELLNESS CENTER 09/29/23 285 QUILL CORPORATION INK CARTRIDGE 117.44 24584 $1,089.98
552 - WATER 09/29/23 3016 QUINN COMPANY T/S TRANSMISSION 544.99 553 - SEWER 09/29/23 3016 QUINN COMPANY T/S TRANSMISSION 544.99 24585 $12.35
101 - GENERAL FUND 09/29/23 6569 RACHEL MUNOZ UUT REFUND FY 22/23 12.35 24586 $5,000.00
552 - WATER 09/29/23 6095 RALPH GUTIERREZ WAT SEPT CPO WATER TREA 2,500.00 553 - SEWER 09/29/23 6095 RALPH GUTIERREZ WAT SEPT CPO SEWER TREA 2,500.00 24587 $100.00
101 - GENERAL FUND 09/29/23 7155 ROSALBA HUERTA ARBOR DEPOSIT REFUND 100.00 24588 $262,646.17
600 - CAPITAL IMPROVEMENT 09/29/23 7119 SEAL RITE PAVING AN VALENCIA&LINDA VIST 262,646.17 24589 $1,229.06
261 - GAS TAX FUND 09/29/23 3054 SHERWIN-WILLIAMS CO ROAD MARKING PAINT 1,229.06 24590 $10,060.19
101 - GENERAL FUND 09/29/23 310 SOUTHERN CA. EDISON 268 N SWEETBRIAR AV 14.88 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 108 HERMOSA PED. 106.97 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 108 W HERMOSA LS3 20.28 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 135 W HONOLULU LS3A 119.86 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 143.59 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 73.09 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 151 W SAMOA LS3D 80.31 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 157 N MIRAGE AVE LE 51.50 261 - GAS TAX FUND 09/29/23 310 SOUTHERN CA. EDISON 269 N SWEETBRIAR AV 60.61 400 - WELLNESS CENTER 09/29/23 310 SOUTHERN CA. EDISON 740 SEQUOIA AVE 9,168.11 553 - SEWER 09/29/23 310 SOUTHERN CA. EDISON 598 MONTE VISTA DR 189.94 891 - PELOUS RANCH 09/29/23 310 SOUTHERN CA. EDISON 1209 N BELLAH LDSCP 15.88 891 - PELOUS RANCH 09/29/23 310 SOUTHERN CA. EDISON 351 HICKORY ST LDSC 15.17 October 10, 2023 Regular Meeting of the Lindsay City Council

24591 $659.00
779 - 00-HOME-0487 09/29/23 3634 STATE FARM JUDITH M 340 EASTWO 659.00 24592 $211.22
101 - GENERAL FUND 09/29/23 6703 STERICYCLE INC FD-AUG. SHRED IT SV 133.16 101 - GENERAL FUND 09/29/23 6703 STERICYCLE INC PS-AUG. SHRED IT SV 78.06 24593 $100.00
400 - WELLNESS CENTER 09/29/23 2209 TAMARA LAKEN FACILITY RENTAL DEP 100.00 24594 $4,463.98
101 - GENERAL FUND 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 495.99 101 - GENERAL FUND 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 101 - GENERAL FUND 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 101 - GENERAL FUND 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 101 - GENERAL FUND 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 495.99 400 - WELLNESS CENTER 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 552 - WATER 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 553 - SEWER 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 554 - REFUSE 09/29/23 5755 TELEPACIFIC COMMUNI 9/9/23-10/8/23 496.00 24595 $90.00
101 - GENERAL FUND 09/29/23 6758 THE DIESEL DOCTOR TRUCK#T87 REPAIRS 90.00 24596 $287.00
101 - GENERAL FUND 09/29/23 5792 THOMSON REUTERS - W ONLINE CHARGES CRED (250.00) 101 - GENERAL FUND 09/29/23 5792 THOMSON REUTERS - W ONLINE/SOFTWARE CHA 537.00 24597 $20.00
101 - GENERAL FUND 09/29/23 6015 TULARE COUNTY CLERK RELEASE-552 MTN CIR 20.00 24598 $8,981.24
553 - SEWER 09/29/23 3814 TURNUPSEED ELECTRIC WWTP-OXIDATION DITCH 8,981.24 24599 $10,249.11
101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 HR-ARTESIA 695.72 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 FD-MARIA M. 173.53 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/17/23 FD-MARIA M. 200.88 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 8/27/23 PS-DANA G. 892.80 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 PD-DANA G. 714.24 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/3/23 PS-DANA G. 892.80 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 CITY SERVIC 1,008.00 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/17/23 CS-SYDNEY M 1,045.80 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 8/27/23 CS-JUAN R. 184.32 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 CITY SERVIC 1,474.56 101 - GENERAL FUND 09/29/23 5747 USA STAFFING INC. 9/10/23 CITY SERVIC 1,843.20 552 - WATER 09/29/23 5747 USA STAFFING INC. 9/10/23 FD-MARIA M. 173.54 552 - WATER 09/29/23 5747 USA STAFFING INC. 9/17/23 FD-MARIA M. 200.88 553 - SEWER 09/29/23 5747 USA STAFFING INC. 9/10/23 FD-MARIA M. 173.54 553 - SEWER 09/29/23 5747 USA STAFFING INC. 9/17/23 FD-MARIA M. 200.88 554 - REFUSE 09/29/23 5747 USA STAFFING INC. 9/10/23 FD-MARIA M. 173.54 554 - REFUSE 09/29/23 5747 USA STAFFING INC. 9/17/23 FD-MARIA M. 200.88 24600 $3,747.52
552 - WATER 09/29/23 5413 UNIVAR USA INC SOD HYPO LIQUICHLOR 3,747.52 24601 $679.75
552 - WATER 09/29/23 356 USA BLUEBOOK WTP-CHLOR FREE REAG 484.24 552 - WATER 09/29/23 356 USA BLUEBOOK WTP-DESK TRAYS 42.38 553 - SEWER 09/29/23 356 USA BLUEBOOK PAPER & TSS FILTERS 153.13 24602 $1,130.95
101 - GENERAL FUND 09/29/23 1041 VERIZON WIRELESS 642065758-00001 AUG 125.34 101 - GENERAL FUND 09/29/23 1041 VERIZON WIRELESS 642065758-00004 AUG 1,005.61 24603 $503.46
101 - GENERAL FUND 09/29/23 612 WEISENBERGERS ACE H PAINT TRAY SET,PAIN 62.53 101 - GENERAL FUND 09/29/23 612 WEISENBERGERS ACE H JW PLIER SET 28.39 101 - GENERAL FUND 09/29/23 612 WEISENBERGERS ACE H TILE CEILING PLATES 161.21 101 - GENERAL FUND 09/29/23 612 WEISENBERGERS ACE H SHARPEN BLADES/CHAI 11.00 552 - WATER 09/29/23 612 WEISENBERGERS ACE H CANOPY 240.33 24604 $1,545.00
306 - COVID-19 ARPA FUND 09/29/23 091 CONSOLIDATED TESTIN DEMOLITION & CLEAN 1,545.00 EDD922 $5,020.22
101 - GENERAL FUND 09/26/23 687 STATE OF CALIFORNIA 941 PR PD 9/22/23 5,020.22 IRS922 $37,307.07
101 - GENERAL FUND 09/26/23 2011 INTERNAL REVENUE SE 941 PR PD 9/22/23 13,317.93 101 - GENERAL FUND 09/26/23 2011 INTERNAL REVENUE SE 941 PR PD 9/22/23 23,989.14 SRV923 $34,313.50
101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 25354 CTPD 8/20-9/2 539.07 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 25355 CTPD 8/20-9/2 2,321.60 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 25355 MBPD 8/20-9/2 2,357.61 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 25357 MBPD 8/20-9/2 547.43 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 26330 CTPD 8/20-9/2 2,412.41 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 26330 MBPD 8/20-9/2 2,434.44 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 433 CTPD 8/20-9/2 7,386.11 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 433 MBPD 8/20-9/2 3,630.80 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 434 CTPD 8/20-9/2 9,280.78 101 - GENERAL FUND 09/28/23 457 PUBLIC EMPLOYEES RE 434 MBPD 8/20-9/2 3,403.25 October 10, 2023 Regular Meeting of the Lindsay City Council

SUMMARY BY FUNDING SOURCE
101 - GENERAL FUND 191,972.29
261 - GAS TAX FUND 1,885.27
306 - COVID-19 ARPA FUND 1,545.00
400 - WELLNESS CENTER 34,671.07
552 - WATER 20,625.58
553 - SEWER 18,991.96
554 - REFUSE 1,008.01
556 - VITA-PAKT 137.60
600 - CAPITAL IMPROVEMENT 447,136.86
700 - CDBG REVOLVING LN FUND 13,233.14
720 - HOME REVOLVING LN FUND 28,374.09
779 - 00-HOME-0487 1,759.00
781 - CAL HOME RLF 1,396.08
883 - SIERRA VIEW ASSESSMENT 1,781.00
884 - HERITAGE ASSESSMENT DIST 1,015.25
886 - SAMOA 154.00
887 - SWEETBRIER TOWNHOUSES 546.00
888 - PARKSIDE 1,373.75
889 - SIERRA VISTA ASSESSMEN
T 97.00
890 - MAPLE VALLEY ASSESSMENT 55.00
891 - PELOUS RANCH 616.05
TOTA
L $ 768,374.00
October 10, 2023 Regular Meeting of the Lindsay City Council

CASH RESOURCES
LOCATION GL ACCOUNT # TYPE BALANCE
Cash Register Funds (City Hall & Wellness) 100-102 RES $ 700 Bank of the Sierra- Depository Account 100-114 GEN 901,981 Bank of the Sierra - AP/Operating 100-100 GEN 11,700
Bank of the Sierra - Payroll 100-106 GEN 357,411
Bank of the Sierra - Wellness Center 100-500 GEN 1,150,157 Bank of the Sierra - Impound Account 100-120 RES 31,063 LAIF Savings: City & Successor Agency 100-103 INV-RES 6,090,699 MBS Investments 100-700 INV-RES 5,552,119
$ 14,095,829

CASH EXPENDED

ACCOUNTS PAYABLE & PAYROLL AMOUNT DEBT SERVICE AMOUNT
Accounts Payable $ None. 1,703,336
Payroll (Septmber 8 Payday) $ 294,441
Payroll (Septmber 22 Payday) $ 317,906
TOTAL $ 2,315,682 TOTAL $ -

INVESTMENTS
INVESTED FUNDS $11,642,818
Respectfully submitted,
GEN: GENERAL UNRESTRICTED
RES: RESTRICTED ACTIVITY
Director of Finance INV: INVESTMENT
City of Lindsay

ABBREVIATIONS
Salvador Guzman
Monthly Treasurer's Report
September 30, 2023
Cash Balances Classified by Depository
TOTAL

INVESTMENT POLICY COMPLIANCE
As of the end of the month, the investments were in compliance with the requirements of the City's investment policy. This report reflects all cash and investments of the City of Lindsay (O/S checks not reflected in End Cash Balance).

October 10, 2023 Regular Meeting of the Lindsay City Council

STAFF REPORT

TO: Lindsay City Council
FROM: Shelline Bennett, Liebert Cassidy Whitmore
DEPARTMENT: City Attorney
ITEM NO.: 8.4
MEETING DATE: October 10, 2023

ACTION & RECOMMENDATION
Consider Minute Order Approval of Amendments and Revisions to the City Lindsay Personnel Rules and Regulations.

BACKGROUND | ANALYSIS
At the September 12, 2023, Regular Meeting of the Lindsay City Council, the Council directed that Section

11.5.3 Compensation During Bereavement Leave of the Personnel Rules and Regulations reflect to read as follows “For a regular full-time employee, the first three (3) working days of bereavement leave are paid of absence. For all other employees, or for leave beyond three (3) 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.”
Based on legal review of the City of Lindsay Personnel Rules and Regulations (“Personnel Rules”), the City proposes that the City Council consider approval of updated Personnel Rules, which are attached to this report. Proposed modifications include but are not limited to the following: verbiage clean up to ensure compliance with all applicable laws and regulations, probationary period, hours of work, leaves, disciplinary procedures, and miscellaneous rules.

Recognized employee union groups were provided with the draft modifications to the Personnel Rules and allowed opportunity for input and meet and confer; following the same, the updated Personnel Rules now come to the City Council for approval consideration.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS
• City of Lindsay Personnel Rules and Regulations – Redline Copy October 10, 2023 Regular Meeting of the Lindsay City Council

City of Lindsay Personnel Rules and Regulations
Formatted: Different first page header
Formatted: No underline
Formatted: Font: 20 pt, No underline
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
2 TABLE OF CONTENTS
RULE 1 MERIT PERSONNEL SYSTEM 1-1
Section 1.1 Purpose 1-1
Section 1.2 Personnel System Organization 1-1
Section 1.3 Merit Employment Policy 1-1
Section 1.4 Intent of the Personnel System 1-1
Section 1.5 Prior Polices Repealed 1-2
Section 1.6 Priority of Collective Bargaining Agreements 1-2 Section 1.7 Terms of Personnel Manual 1-2
Section 1.8 Non-Discrimination 1-2
Section 1.9 Application of Personnel Rules and Regulations 1-2 Section 1.10 Violations of Rule and Regulations 1-3
Section 1.11 Employee Responsibility 1-3
Section 1.12 Administrative-Department Policies and Procedures 1-3 Section 1.13 Distribution of Personnel Policies 1-3
Section 1.14 No Contract Created 1-3
Section 1.15 Severability Clause 1-3
RULE 2 DEFINITION OF TERMS 2-1
Section 1.1 Definition of Terms 2-1
Section 2.2 Construction In General 2-6
Section 2.3 Prohibited Acts Include Causing or Permitting 2-6 Section 2.4 Reference to Rules Includes Amendments 2-7
Section 2.5 “Shall” and “May” 2-7
RULE 3 GENERAL PROVISION 3-1
Section 3.1 Fair Employment 3-1
Section 3.2 Violation of Rules and Regulations 3-1
Section 3.3 Amendment and Revision of Rules and Regulations 3-1 RULE 4 CLASSIFICATIONS 4-1
Section 4.1 Purpose 4-1
Section 4.2 Classification Plan 4-1
Section 4.3 Administration 4-1
Section 4.4 Classification of Position 4-1
Section 4.5 Classification of New Positions 4-1
Section 4.6 Reclassification 4-1
Section 4.7 Job Descriptions (Specifications) 4-2
Section 4.8 Vacancies 4-3
Section 4.9 Evaluations 4-3
RULE 5 COMPENSATION 5-1
Section 5.1 Preparation of Salary and Wage Plan 5-1
Section 5.2 Adoption and Application of Plan 5-1
Formatted: Title
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
3 Section 5.3 New Employees 5-1
Section 5.3.1 Advancement Within Salary Range 5-1
Section 5.3.2 Special Salary Adjustments 5-1
Section 5.3.3 Applicable Pay Rates 5-1
Section 5.4 Deductions 5-2
Section 5.4.1 Deductions Required by Law and Contracts 5-2 Section 5.4.2 Written Authorization From Employee 5-2
Section 5.4.3 Claims 5-2
Section 5.5 Salary Adjustment 5-2
Section 5.6 “Acting” Capacity 5-2
Section 5.7 Terminal Pay 5-3
Section 5.7.1 Employees’ Death 5-3
Section 5.7.2 City Property 5-3
RULE 6 APPLICATIONS AND APPLICANTS 6-1
Section 6.1 Employment Standards 6-1
Section 6.2 Applications 6-1
Section 6.3 Application Filing 6-1
Section 6.3.1 Character 6-1
Section 6.3.2 Physical and Psychiatric Examination 6-1
Section 6.3.3 Credit Rating 6-1
Section 6.3.4 Residency 6-2
Section 6.4 Standards – Operations of Motor Vehicle 6-2 Section 6.4.1 Personal Integrity 6-2
Section 6.4.2 Dependability 6-2
Section 6.5 Disqualification of Applicant 6-2
RULE 7 EXAMINATIONS AND ELIGIBLE LIST 7-1
Section 7.1 Conduct of Examinations 7-1
Section 7.2 Nature and Types of Examinations 7-1
Section 7.2.1 Continuous Examinations 7-1
Section 7.2.2 Promotional Examinations 7-1
Section 7.3 Scoring Examinations and Qualifying Scores 7-1 Section 7.4 Notice of Examination Results 7-1
Section 7.5 Establishment of Eligible List 7-2
Section 7.5.1 Duration of List 7-2
Section 7.5.2 Re-Employment List 7-2
Section 7.6 Removal of Name From List 7-2
RULE 8 APPOINTMENTS 8-1
Section 8.1 Types of Appointments 8-1
Section 8.2 Request to Fill Vacancy 8-1
Section 8.3 Method of Appointment 8-1
Section 8.4 Reinstatement 8-1
Section 8.5 Re-employment After Lay-Off 8-1
Section 8.6 Transfer 8-1
Section 8.7 Demotion 8-2
Section 8.8 Nepotism 8-2
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
4 Section 8.9 Temporary or Part-Time Appointments 8-2
Section 8.10 Officer of Employment 8-2
Section 8.11 Fingerprints 8-2
Section 8.12 Medical Examination 8-2
Section 8.13 Driver’s License and Driving Record 8-3
Section 8.14 Employment Oath 8-3
Section 8.15 Identification Cards 8-3
Section 8.16 Keys 8-4
Section 8.17 Other City Property 8-4
RULE 9 PROBATIONARY PERIOD 9-1
Section 9.1 Purpose 9-1
Section 9.2 Duration of Probationary Period 9-1
Section 9.3 Successful Completion of Probationary Period 9-1 Section 9.4 Rejection of Probationer 9-1
Section 9.5 Rejection Following Promotion 9-1
Section 9.6 Promotion, Demotion, and Transfer Probationary Period 9-1 Section 9.7 Re-employment and Reinstatement Probationary 9-1 Section 9.8 Interrupted Probationary Period 9-2
Section 9.9 Extension of Probationary Period 9-2
RULE 10 HOURS OR WORK; OVERTIME; HOLIDAYS 10-1
Section 10.1 Hours of Work 10-1
Section 10.2 Attendance 10-1
Section 10.3 Holiday s 10-1
Section 10.3.1 Paid Holiday 10-1
Section 10.3.2 Holiday Falling on Weekend 10-1
Section 10.3.3 Overtime Compensation for Holidays Worked 10-1 Section 10.3.4 Employee Request 10-2
Section 10.4 Overtime 10-2
Section 10.5 Compensatory Time Off 10-2
Section 10.5.1 Supervisor Approval Required Before Work 10-2 Section 10.5.2 Accrual Rate 10-2
Section 10.5.3 Employee Requests to Use CTO 10-2
Section 10.5.4 City Cash Out 10-2
Section 10.5.5 Employee Cash Out 10-2
Section 10.6 General Overtime Policy 10-3
Section 10.7 Employees Responsibility 10-3
Section 10.8 Supervisors Responsibility 10-3
Section 10.9 Accounting for Overtime Worked 10-3
Section 10.10 Accounting for Portions of an Hour 10-3
Section 10.11 Variations in Time Reported 10-3
Section 10.12 Off-Duty Employment 10-3
RULE 11 LEAVE OF ABSENCE 11-1
Section 11.1 Vacation Leave of Employee 11-1
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
5 Section 11.1.1 When Vacation Leave is Earned 11-1
Section 11.1.2 Effect of Holiday on Vacation Leave 11-1 Section 11.1.3 Changing Vacation Leave to Sick Leave 11-1 Section 11.2 Sick Leave 11-1
Section 11.2.1 Accrual of Sick Leave 11-2
Section 11.2.2 When Right to Take Sick Leave Begins 11-2 Section 11.2.3 Use of Sick Leave 11-2
Section 11.2.4 Return to Employment After Sick Leave 11-2 Section 11.3 Medical Leave 11-2
Section 11.4 On Duty Injuries 11-3
Section 11.4.1 Pay 11-3
Section 11.4.2 Accumulated Sick Leave 11-3
Section 11.5 Injuries Requiring Medical Care 11-3
Section 11.6 Liability for Failure to Comply 11-3
Section 11.7 Accident Defined 11-3
Section 11.8 Employee’s Responsibility 11-3
Section 11.9 Supervisor’s Responsibility 11-4
Section 11.10 Department Head’s Responsibility 11-4
Section 11.11 Injuries Requiring No Medical Attention 11-4 Section 11.12 Injury Caused by Other 11-5
Section 11.13 No Settlement Without Prior Approval 11-5 Section 11.14 Leaves of Absence Due to Family Death of Family Member 11-5 Section 11.14.1 Immediate Family 11-5
Section 11.14.2 Other Than Immediate Family 11-5
Section 11.14.3 Timesheet 11-5
Section 11.15 Jury Leave – Notice 11-5
Section 11.15.1 Pay 11-6
Section 11.15.2 Without Pay 11-6
Section 11.15.3 Partial Pay 11-6
Section 11.16 Military Leave 11-6
Section 11.17 Statement of Policy 11-6
Section 11.17.1 Definitions 11-6
Section 11.17.2 Reasons for Leave 11-9
Section 11.17.3 Employees Eligible for Leave 11-10
Section 11.17.4 Amount of Leave 11-10
Section 11.17.5 Employee Benefits While on Leave 11-11
Section 11.17.6 Substitution of Paid Accrued Leaves 11-11 Section 11.17.7 Medical Certification 11-12
Section 11.17.8 Employee Notice of Leave 11-13
Section 11.17.9 Reinstatement Upon Return From Leave 11-14 Section 11.18 Authorized Leave of Absence Without Pay 11-14 Section 11.18.1 Return From Leave 11-14
Section 11.19 Pregnancy Disability Leave 11-14
Section 11.19.1 Notice & Certification Requirements 11-14 Section 11.19.2 Compensation During Leave 11-15
Section 11.19.3 Benefits During Leave 11-15
Section 11.19.4 Reinstatement 11-16
Section 11.20 Unauthorized Leave of Absence 11-16
Section 11.21 Deduction 11-16
Section 11.22 Sick Leave Donations 11-16
Section 11.23 Leave Requests 11-16
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
6 Section 11.24 Temporary and Part Time Employees Not Eligible 11-17 RULE 12 TRANSFER AND DEMOTION 12-1
Section 12.1.1 Involuntary Transfer 12-1
Section 12.1.2 Voluntary Transfer 12-1
Section 12.2 Demotion 12-1
RULE 13 SEPARATION FROM SERVICE 13-1
Section 13.1 Abandonment of Position 13-1
Section 13.2 Disciplinary Action 13-1
Section 13.3 Layoff 13-1
Section 13.3.1 Statement of Intent 13-1
Section 13.3.2 Notification 13-1
Section 13.3.3 Order of Layoff 13-1
Section 13.3.4 Re-employment Rights for Laid-off Employees 13-2 Section 13.4 Resignation 13-2
Section 13.5 Disability 13-2
Section 13.6 Retirement 13-3
Section 13.7 Death of Employee 13-3
Section 13.8 Return of City-Owned Property 13-3
Section 13.9 Exit Interviews 13-3
RULE 14 DISCIPLINARY PROCEDURE 14-1
Section 14.1 Policy 14-1
Section 14.2 Basis for Disciplinary Action 14-1
Section 14.3 Types of Discipline 14-4
Section 14.4 Written Notice of Intent to Discipline 14-6 Section 14.5 Employee Response 14-6
Section 14.6 Final Notice of Discipline 14-7
Section 14.7 Relief of Duty 14-7
Section 14.8 Appeal 14-7
Section 14.8.1 Request for Appeal Hearing 14-7
Section 14.8.2 Date and Time of the Appeal Hearing 14-7 Section 14.8.3 Identification of Issues, Witnesses and Evidence 14-8 Section 14.8.4 Conduct of the Appeal Hearing 14-8

RULE 15 CITY-OWNED EQUIPMENT 15-1
Section 15.1 Motor Vehicles - Use 15-1
Section 15.2 Assignment 15-1
Section 15.3 Operation 15-1
Section 15.4 Equipment Other Than Motor Vehicle 15-1
RULE 16 POLITICAL ACTIVITY 16-1
Section 16.1 Prohibited Conduct 16-1
Section 16.2 Examples of Prohibited Conduct 16-1
October 10, 2023 Regular Meeting of the Lindsay City Council

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7 Section 16.3 Examples of Permitted Conduct 16-1
RULE 17 TRAINING EMPLOYEES 17-1
Section 17.1 Responsibility for Training 17-1
Section 17.2 Credit for Training 17-1
Section 17.3 Training Costs 17-1
RULE 18 APPEAL PROCEDURE 18-1
Section 18.1 Purpose 18-1
Section 18.2 Definition of Grievance 18-1
Section 18.3 Grievance Procedure 18-1
Section 18.4 Investigation of Facts/Decision of Department Head 18-1 Section 18.5 Appeal to Personnel Director, Designee, or Finance Director18-2 Section 18.6 Employee Meeting 18-2
Section 18.7 Written Decision 18-2
Section 18.8 Regulations During Grievance Procedure 18-2 Section 18.9 City Council’s Decision 18-4
Section 18.10 Regulations During Grievance Procedure 18-4 RULE 19 REPORTS AND RECORDS 19-1
Section 19.1 Personnel Files 19-1
Section 19.2 Access to Administrative Records 19-1
Section 19.3 Employee Access to Their Personnel Records 19-1 Section 19.3.1 Inspection of File 19-1
Section 19.3.2 Copies 19-1
Section 19.4 Access to Personnel Records by Department Heads 19-2 Section 19.5 Destruction of Records 19-2
Section 19.6 Purging of Employee Discipline Records 19-2 Section 19.7 Address Notification 19-2
Section 19.8 Performance Evaluations 19-2
RULE 20 HARASSMENT POLICY 20-1
Section 20.1 Purpose 20-1
Section 20.2 Policy 20-1
Section 20.3 Definitions 20-1
Section 20.4 Retaliation 20-3
Section 20.5 Reporting Harassment, Discrimination or Retaliation 20-3 Section 20.6 Supervisory Resolution 20-4
Section 20.7 Formal Investigation/Response 20-5
Section 20.8 Responsibilities of Employees, Management and Supervisory Employees 20-6
Section 20.9 Disposition of Complaints 20-7
Section 20.10 Documentation of Complaints 20-8
Section 20.11 Questions Regarding Discrimination or Harassment 20-8 Section 20.12 Workplace Violence 20-8

RULE 21 SUBSTANCE ABUSE 21-1
October 10, 2023 Regular Meeting of the Lindsay City Council

CITY OF LINDSAY – PERSONNEL RULES AND REGULATIONS
8 Section 21.1 Introduction 21-1
Section 21.2 Purpose 21-1
Section 21.3 Policy 21-1
Section 21.4 Application 21-2
Section 21.5 Employee Responsibilities 21-2
Section 21.6 Employee Complaint 21-3
Section 21.7 Management Responsibilities and Guidelines 21-3 Section 21.8 Employee Assistance Program 21-4
Section 21.9 Confidentiality 21-5
Section 21.10 Compliance 21-5
RULE 22 MISCELLANEOUS
Section 22.1 Dress Code 22-1
Section 22.2 Outside Activities 22-1
Section 22.3 Other Public Offices 22-2
Section 22.4 Official Badge or Insignia 22-2
Section 22.5 Purchase Order 22-2
Section 22.6 Operating a City Vehicles 22-2
Section 22.7 False Information 22-3
Section 22.8 Release of Information 22-2
Section 22.9 Employment of Related Persons 22-3
Section 22.9.1 Definition of “Related Person” 22-3
Section 22.9.2 Prohibited Conduct 22-3
Section 22.10 Meals and Breaks Periods 22-3
Section 22.11 Time Sheets 22-3
Section 22.12 Seatbelts 22-3
Section 22.13 Smoking 22-4
Section 22.14 Fitness for Duty 22-4
Section 22.14.1 Conditional Offer of Employment Examinations 22-4 Section 22.14.2 Current Employee Examinations 22-4
Section 22.14.3 Role of Health Care Provider 22-4
Section 22.14.4 Medical Information 22-4
Section 22.14.5 Medical Information from the Employee’s Health Care Provider 22-4 Section 22.14.6 Interactive Process Discussion 22-5
Section 22.14.7 Determination 22-5

RULE 23 COMPUTER, INTERNET, ELECTRONIC MAIL, AND

VOICE MAIL, VIDEO AND AUDIO SURVEILLANCE

Section 23.1 Introduction 23-1
Section 23.2 Purpose 23-1
Section 23.3 Applicability 23-1
Section 23.4 General Provision 23-1
Section 23.5 No Expectation of Privacy 23-1
Section 23.6 Ownership 23-1
Section 23.7 Prohibited Uses 23-2
Section 23.8 Violations of This Policy 23-3
Section 23.9 Video and Audio Surveillance Policy 23-9
October 10, 2023 Regular Meeting of the Lindsay City Council

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9 Section 23.10 Social Media PolicyIntroduction
23-10
Section 23.11 Purpose 23-11
Section 23.12 Social Media Policy 23-12
Section 23.13 Introduction 23-13
Section 23.14 General Policy 23-14
Section 23.15 Comment Policy 23-15
RULE 24 COBRA
Section 24.1 Continuation Rights as an Employees 24-1
Section 24.2 Continuation Rights as a Spouse 24-1
Section 24.3 Continuation Rights of DependantDependent Child 24-1
Section 24.4 Notice Requirements 24-1
Section 24.5 Premium Payment 24-2
Section 24.6 Length of Continuation Coverage 24-2
Section 24.7 Extension of Continuation Coverage 24-2
Section 24.8 Pre-existing Medical Conditions 24-3
Section 24.9 Social Security Disability 24-3
Section 24.10 State Continuation Rights 24-3
October 10, 2023 Regular Meeting of the Lindsay City Council

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MERIT PERSONNEL SYSTEM
Section 1.1 Purpose
The purpose of this personnel system is to:

1. Establish an equitable and uniform procedure for dealing with personnel matters;

2. Attract the most competent and desirable persons available for employment;

3. Assure that appointment and advancement of employees are based on merit and ability; and

4. Provide reasonable security for qualified employees.

The objectives of these personnel rules and regulations are to facilitate efficient and economical service to the public and provide for a fair and equitable system of personnel management in the municipal government. These rules and regulations set forth those procedures and policies which ensure similar treatment for those who compete for original and promotional employment and define certain obligations, rights privileges, benefits, and prohibitions which are placed upon all employees in the service of the City.

Section 1.2 Personnel System Organization
The City Manager has final responsibility for all personnel actions, except those reserved to the City Council. Each department head exercises direct line authority for personnel functions described in these rules and regulations. The City Manager shall administer the personnel system. He/she may delegate personnel duties for the effective administration of the system to the Personnel Director, his/her designee, or Finance Director.

Section 1.3 Merit Employment Policy
It is the policy of the city to provide for an employment system, which assures that employees are selected, promotedpromoted, and retained on the basis of merit. It is the intent of this system to provide fair and equitable treatment to all applicants for employment. The screening and selection of the employees shall be on a specific job relatedjob-related basis. The potential and actual performance of employees within the city shall guide employment decisions with the goal of providing a high performancehigh-performance work force for the residents of the City.

Section 1.4 Intent of the Personnel System

1. Employment Standards: The City Council and all the residents citizens of Lindsay have the right to expect that the City will employ the best qualified persons available, that the tenure of every City employee will be based on a demonstrated need for the work performed, availability of funds, competent effective performance, proper personal conduct, and continuing fitness for the position.

2. City Responsibility to employees: Each employee of the City of Lindsay has the right to expect: To be fully informed of his or her duties and RULE
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responsibilities; to be provided with adequate administrative and supervisory direction; to be informed of job expectations and desired work behaviors; that promotions will be made on the basis of merit and ability; and progressively improved work performance over an extended period will be recognized and rewarded; that incompetence and misconduct will not be tolerated; and that suspensions, demotions, terminations, and other disciplinary actions will be administered in a fair and impartial manner.

Section 1.5 Prior Policies Repealed
If the terms and provisions of these personnel rules and regulations are inconsistent or in conflict with the terms and provisions of any prior City of Lindsay (“City”) personnel rules and regulations this policy shall prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations this policy shall prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations are hereby repealed.

Section 1.6 Priority of Collective Bargaining Agreements If a provision of these rules conflicts with any provision of an applicable collective bargaining agreement entered into by the City and a recognized employee organization, to the extent of such conflict, the provision of the collective bargaining agreement shall be deemed controlling unless the provision of these rules has been negotiated more recently.

Section 1.7 Terms of Personnel ManualRules
These personnel rules and regulations shall take effect when approved by the City Manager of the City. The manual rules shall remain in effect unless repealed, in whole or part, by the City Manager. The City Manager may in his/her sole discretion add to, delete or otherwise modify these personnel rules and regulations, subject to the following paragraph.

Prior to amendment of these personnel rules and regulations, the City Manager shall consult with City employees or, if required, upon request, meet and confer with affected recognized employee organizations.

Section 1.8 Non-Discrimination
The City shall comply with applicable federal and state laws governing fair employment practice and equal opportunity. The City strictly prohibits unlawful discrimination. This includes discrimination on the basis of sex, sexual orientation, gender identity, national origin, race, color, ancestry, religious creed, physical or mental disability, medical condition, age, marital status, citizenship status, uniformed service member status or any other protected class under applicable law.

Section 1.9 Application of Personnel Rules and Regulations These personnel rules and regulations have been developed to serve the City of Lindsay and all employees of the City of Lindsay unless specifically excluded. Its contents and all appropriate references represent the rules and practices to which all employees of the City are held accountable.

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Section 1.10 Violations of Rules and Regulations
Violation of the provisions of these rules and regulations shall constitute grounds for disciplinary action. A violation shall not make disciplinary action mandatory but shall be given such weight as shall be appropriate in view of al the circumstances.

Section 1.11 Employee Responsibility
It shall be the responsibility of each employee to become aware and be knowledgeable of these personnel rules and regulations.

Section 1.12 Administrative-Department Policies and Procedures The City Manager or individual city department heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe and orderly administration of the City or department. However, no such policies or procedures shall conflict with or supersede these personnel rules and regulations, other Council resolutions and ordinances, or existing laws. Copies of department policies and procedures should be distributed made availabeavailable to each employee of the department.

Section 1.13 Distribution of Personnel Policies
A copy of these personnel rules and regulations shall be distributed made available to each City employee and each recognized employee organization. Newly hired employees shall receive a copy upon hire. Copies of these personnel rules and regulations shall also be distributed made availalabeavailable to each department of the City. Department heads shall make them accessible to employees. Copies shall be available in the personnel office. Employees with questions about these personnel rules and regulations may direct them to his or hertheir immediate supervisor, the department head, the personnel office, or Finance Director.

Section 1.14 No Contract Created
These rules do not create any contract of employment, expressed or implied, or any rights in the nature of a contract.

Section 1.15 Severability Clause
If any provision, or the application(s) of any provision of these personnel rules and regulations is implemented is rendered or declared invalid by any final court action or by reason of any preemptive legislation, the remaining provisions of these personnel rules and regulation shall remain in full force and effect. Nothing these personnel rules and regulations shall be construed to deny any person or employee the rights granted by federal and state law. The rights, powers and authority of the City Manager in all matters, including the right to maintain any legal action shall not be modified or restricted by these regulations.

October 10, 2023 Regular Meeting of the Lindsay City Council

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DEFINITION OF TERMS
Section 2.1 Definitions
Unless the context indicates otherwise the terms used in these personnel rules and regulations are defined as follows:

Abandonment of Position – The failure to report to work for three consecutive regular work shifts without notification by the employee and approval of the City.

Acting Appointment – An appointment of a person who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class in the absence of available eligible incumbents, or on an interim basis pending later appointment of an eligible person.

Advancement – A salary increase within the limits of pay range established for a class.

Allocation – The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.

Anniversary Date – One calendar year from the date of the employee’s probationary appointment with the City and each succeeding year thereafter, unless the probationary period was extended. An employee’s anniversary date shall be determined by applying the continuity of service requirements of these rules.

Appeal – A written request by an employee for consideration in matters relating to grievance and/or discipline as set forth in these rules.

Appointment – The offer to, and acceptance by, an individual for a position in the competitive service.

Applicant – Any person submitting a formal completed application for employment with the City.

Appointing Authority – The City Manager is the appointing authority for all City employees and the City Council shall appoint the City Manager. The City Manager may delegate appointing authority. Further delegations of appointing authority must be approved by the City Manager.

Authorized Position – A specific work position within a job classification that is or may be held by and employee.

Benefit Date – For the purpose of sick and vacation leave accrued, the benefit date is defined as follows for all employees: (a) if the first working day of the pay period was worked, the benefit date will be the first day of that pay period. (b) if the employee started anytime after the first working day of the pay period, then the benefit date will be the first day of the following pay period. (c) if an employee is absent without pay for any period of time his or her benefit date will be adjusted to reflect the deduction of the period of time in which the employees was absent without pay.

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Break in Continuous Service – Separation of the employee from City employment initiated by either the City of the employees for any period without pay.

Bulletin Board – The official posting place for public notices.

Certification – The furnishing of names by the personnel officer of eligible, available candidates for employment, from an employment list in the manner prescribed in these rules.

Class – A result of grouping together those positions that are similar in duties, authority, and responsibility, so that the same requirements as to education, general knowledge, and ability may be required of incumbents, and permit grouping under a common title with common standards of selection, and with the same schedule of compensation. Individual positions in the same class may be assigned different duties and responsibilities.

Class Specification – The official description of a class including (1) title, (2) a definition, (3) a statement of the duties and responsibilities, and (4) the employment standards, such as education, experience, knowledge and skills, and abilities which may be required of applicants.

Classification Plan – The arrangement of positions in classes, together with the title and specifications describing each class.

Compensation – Salary, wages, fees, benefits, allowances or any other consideration paid to an employee for performing the duties or exercising the responsibilities of a position.

Compensatory Time – Time off from work in lieu of monetary payment for overtime work.

Continuous Service – Employment in a regular position that is uninterrupted from the effective date of the appointment except an authorized absence with pay or as required by law.

Contract Employees – Contract employees are those individuals employed by the City pursuant to the terms of an individual employment contract that sets forth terms and conditions of employment. Unless expressly stated herein, the provisions of these personnel rules and regulations shall not be applicable to contract employees.

Days – Means calendar days unless otherwise stated.

Demotion – The movement of an employee from a position in one class to another class, the next class having a lower maximum base rate of pay.

Department – A major administrative branch of the City involving a general line of work with one or more employees under the charge of one or more individuals known as supervisors.

Department Head – The individual designated as the administrative head of a City department.

The City Manager is the Department Head of the other departments heads.

Disciplinary Action – The termination, demotion, reduction in pay, or suspension of a regular employee for cause.

Eligible – A person whose name is on an employment list.

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Employee – A person who is legally occupying a position in the City’s service or who is on an authorized leave of absence for such position.

Employee (Emergency) - A person employed by the City for a temporary period of time to meet emergencies, which threaten life, property, or the general welfare of the City. An emergency employee serves at the will of the City Manager or designee and may be removed at any time without cause.

Employee (Part-Time) – A person employed by the City for specifically designated hours less than full time. A part time employee serves at the will of the City Manager or designee and may be removed at any time without cause.

Employee (Probationary) – A person employed by the City in a regular full-time position who has not completed the probationary period.

Employee (Regular) – A person employed by the City in a full-time capacity who has successfully completed his/her probationary period and has been retained according to the provisions of these rules. The term does not include an elected official.

Employee (Temporary) – A person employed by the City full-time or part-time for some specific work that is temporary in nature. A temporary employee serves at the will of the City Manager or designee and may be removed at any time without cause.

Employee (Extra Help) - An employee who is appointed to a position with less than year-round funding. Extra-help employees shall be compensated on an hourly basis shall not be eligible for participation in any benefit plans except as required by law and serves at the will of the City Manager or designee and may be removed at any time without cause.

Employment Date – Date on which an employee was hired to fill a position with the City.

Employment List – A list of names of persons who may be considered for employment with the City under specified conditions. Employment lists will be prepared as needed under the direction of the Personnel Director or their designee.

Evaluation Date – For the purpose of step advancement, this term shall mean the date upon which the employee’s most recent step advancement occurred.

Examination – An examination for a particular class, which is open to persons meeting the qualifications for the class.

Exempt Employee – The City Manager, department heads, executive or professional staff, administrative technical staff, and others whose duties and responsibilities allow them to be “exempt” from the overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws.

Fiscal Year – The fiscal year for the City begins on July 1 and ends on June 30 of the next year.

Full-time Position – A budgeted position in which an employee of the City is regularly scheduled to work at least forty (40) hours per week and/or no less than two thousand eighty hours per year.

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Grievance – The formal allegation made by an employee that the City, or one of its representatives has violated, misinterpreted, or misapplied the provisions of the Memorandum of Understanding and/or City personnel ordinances, rules and regulations, or administrative directives.

Grievance Procedure – The systematic means set forth in these personnel rules and regulations by which an employee may obtain consideration of a grievance.

Job Description – Description of duties, responsibilities, and minimum qualification requirements of the positions included in the class.

Lay-off – The separation of employees from the active work forceworkforce due to a shortage of work or funds, or due to the abolition of positions by the City Manager and/or City Council for the above reasons or due to organization changes.

Leave of Absence – An authorized absence from duty for a specified period.

Memorandum of Understanding (M.O.U.) – (M.O.U.) An understanding reached with a recognized employee organization as a result of meeting and conferring on hours, wages, and working conditions in accordance with State law and City ordinances, resolutions, and rules.

Minimum Qualifications – The minimum qualifications deemed necessary for a candidate to possess for selection to fill a vacancy and to maintain employment with the City.

Oral Interview or Qualifications Appraisal Board – Part of an examination conducted by a competent board to evaluate the candidate’s education, experience, and general qualifications pertinent to the position for which examined.

Out-of-Class Pay – The salary an employee shall receive for working in a classification having a higher salary range than the one to which that employee was appointed during a period of time or these rules. .

Overtime – Time worked in excess of 40 hours in a work week or as provided in an applicable M.O.U.

Part-time Position – A position in which an employee of the City is regularly scheduled to work less than forty (40) hours per week and/or less than two thousand eighty hours per year.

Performance Evaluation – A review and evaluation of an employee’s performance and capabilities in the employee’s authorized position by the employee’s immediate supervisor and/or other memberother members of management at designated intervals and filed in the employee’s official personnel file; minimum of one evaluation annually.

Personnel Director – The employee of the City designated to manage the personnel function of the City. The Personnel Director may delegate one or more of those functions to subordinates.

Personnel Rules and Regulations Manual - This Group of personnel rules and regulations concerning employment with the City of Lindsay.

Personnel Records – The official records of the City for each employee, maintained by and in the personnel office, except records that may be required to be maintained in other locations.

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Position – A specific office or employment provided by the budget, whether occupied or vacant, of limited termlimited-term or regular, and requiring the performance of certain duties and responsibilities assigned or delegated by the appointing authority.

Probationary Period – A period from original date of hire to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of duties of the position.

Professional Employee – Management, supervisory and technical employees engaged in work requiring specialized knowledge and skills as so designated by the City.

Promotion – The movement of an employee from a position of one class to a position in another class having a higher maximum salary rate, generally with an increase in duties and responsibilities over the employee’s present class.

Promotion – The movement of an employee from a position of one class to a position in another class having a higher maximums alary rate, generally with an increase in duties and responsibilities over the employee’s present class.

Promotional Probationary Period – The initial period of service by an employee in a promotion position, this period to be considered an integral part of the examination, testing and selection process during which an employee is required to demonstrate fitness for the position to which promoted by actual performance.

Reclassification – Modification of job title and corresponding salary range adjustment supported by an appropriate classification analysis prepared under the direction of the Personnel Director, or designee which identifies a change in level of difficulty and/or responsibilities between the existing job description and actual job duties.

Reduction in Pay – A temporary or permanent decrease in salary.

Regular Position – A budgeted position, the duties of which do not terminate at any stated time.

Reinstatement – The restoration without examination of a former regular employee to a classification in which the employee formerly served as a regular non-probationary employee within one year of separation from the City.

Rejection – The termination or demotion of an employee during a probationary period.

Relief of Duty – The temporary assignment of an employee to a status of administrative leave with pay.

Reprimand – An oral or written notification to an employee regarding a censure made as a disciplinary action.

Resignation – Voluntary termination of employment by an employee, including the abandonment of the position.

Salary – The wages paid for services performed.

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Salary Increase – An increase in salary for a classification as a result of the meet-and-confer process and/or City Manager or City Council action.

Salary Range – Categories, which determine the minimum and maximum salary with appropriate steps for each employment classification.

Seniority – Precedence of one employee over another based on length of service within the classification, department, and City to be determined by continuous employment from the date of hire into a regular position.

Separation – The voluntary or involuntary end of City employment.

Smoking – Includes any lighted cigarette, vaporizer, e-cigarette, cigar, or pipe.

Standard Work Week – Any consecutive seven (7) day period, as determined by the City, beginning at 12:01 A.M. on the first day, and ending at 12:00 midnight on the seventh day, and consisting of forty (40) hours.

Step Increase – A salary increase of one or more steps within the limits of the salary range established for a class.

Supervisor – A person having authority in the interest of the City to direct employees, or to adjust grievances, or effectively to recommend any such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Suspension – The temporary separation, without pay, from service of an employee for disciplinary purposes.

Termination – Separation from City employment for disciplinary reasons or as a result of rejection during a probationary period.

Transfer – The movement of an employee within a department or between departments from one position to another position in the same class or another class having the same maximum salary.

Vacancy – An unfilled authorized position in the City of Lindsay employment.

Work Shifts – The days of the week and the hours on each of those days that an employee is assigned to work on a regular basis.

Section 2.2 Construction In General
The provisions of these rules and regulations and proceedings under them shall be construed with the view to affect their purpose and to promote justice.

Section 2.3 Prohibited Acts Include Causing or Permitting Any act or omission, which is unlawful under these rules, includesing causing, permitting, aiding, abetting, suffering, or concealing the act or omission.

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Section 2.4 Reference to Rules Includes Amendments
When a reference is made to a portion of these rules and regulations, or to an ordinance of the City, the reference applies to each amendment and addition, which may be made to it.

Section 2.5 “Shall” and “May”
As used in these rules, “Sshall” is mandatory and “Mmay” is permissive.

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GENERAL PROVISION
Section 3.1 Fair Employment
During the selection process, the City will not attempt to elicit information concerning race, color, ancestry, national origin, sexual orientation and/or gender identity, marital status, physical or mental disability, medical condition, age, citizenship status, political or religious opinions or affiliations of an applicant. Appointment or removal from a position shall not be affected or influenced by consideration of race, color, ancestry, national origin, sexual orientation, and/or gender identity, marital status, physical or mental disability, medical condition, age, citizenship status, political or religious opinion or affiliation or other category protected by law.

Section 3.2 Violation of Rules and Regulations
Violation of these rules is grounds for suspension, demotion, dismissal or other disciplinary action appropriate under the circumstances.

Section 3.3 Amendment and Revision of Rules and Regulations It is fully recognized that rules and regulations, practices, procedures and policies may require modification to reflect changing needs and more effective methods as they are developed. These rules and regulations may be appropriately revised to reflect such needed changes.

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CLASSIFICATIONS
Section 4.1 Purpose
The classification plan provides a complete inventory of all positions in the competitive service and an accurate description and specification for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities.

Section 4.2 Classification Plan
The classification plan consists of classes and positions defined by class specification, including the title. The classification plan shall be maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedule of compensation may be made to apply with equity under similar working conditions to all positions in the same class.

Section 4.3 Administration
The Personnel Director or designee will continually review the classification plan based on the job analysis. The Personnel Director or designee shall ascertain and record the duties and responsibilities of all positions in the competitive service, and make a recommendation to the City Council or City Manager of a classification for such positions. Changes in classifications, which result in a salary that falls outside the limits of the department budget, shall be approved by the City Manager.

Section 4.4 Classification of Positions
Each position shall be allocated to the appropriate class in accordance with the character, difficulty, and responsibility of its assigned duties. Positions in a single class shall be sufficiently similar to permit substantially the same level of skill, knowledge, ability, and other qualifications required of incumbents, the same or similar selection method and the same schedule of compensation.

Section 4.5 Classification of New Positions
All new full-time positions require City Council authorization. The Personnel Director or designee shall recommend the proper assignment of any new positions to a class in the classification plan, or when appropriate, create a new class. When a new position is created and is classified before it is occupied, such position shall be subject to review by the Personnel Director or designee after it is occupied to determine if the incumbent is performing the duties of the class.

Section 4.6 Reclassification
The classification plan may be amended from time to time. The assigned duties of positions, which have been materially changed over time by the City so as too to necessitate reclassification, whether new or already created, shall be allocated by the City Manager to a more appropriate class. Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant change in assigned duties and responsibilities. During the process of consideration, any recognized RULE
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employee organization affected shall be advised. Amendments and revisions of the plan may be suggested by any interested party, including any recognized employee organization and shall be submitted to the City Manager.

The City Manager may approve the reallocation of a position to a different class or approve the creation of a new class whenever the duties of the position change materially over time. This may occur upon the recommendation of the department head, or upon the request of an employee and with the concurrence of the department head. When any change is made within a Department, which significantly affects the duties and responsibilities of any position, the appointing authority shall report these facts in writing to the Personnel Director. The Personnel Director or designee shall make a classification study of the duties and responsibilities and the relationship to other classes or positions. The Personnel Director may study the allocation of any position in the Classification Plan and make recommendations to the City Manager for a change in class or the allocation to a more appropriate class. The department head shall be consulted before a classification study is begun in his or her department. Studies may be initiated in the following manner:

1. Written request, submitted by the department head, due to reorganization of a department caused by a lack of funds, lack of work, or where the department reorganization would be for the betterment of the delivery of services or when the duties of a position have materially changed over time.

2. Referral from the City Manager.

3. When possible authorization of a new position is indicated.

4. Regular, periodic maintenance of the Classification Plan or when the Personnel Director identifies a need to study an existing position.

A change in classification on an occupied position shall affect the status of the incumbent in the following manner:

1. When a position is moved to a class with the same or higher salary range, the incumbent may retain the same status in the new class that was held in the prior class. The duties should have evolved over a period of time and be basically the same duties and responsibilities as were performed by the incumbent.

2. When a position is reallocated to a class in a related series with a lower salary range, incumbents may choose to retain the position by accepting voluntary demotion or may request a transfer, if available, for the class from which the position was moved. If neither of the foregoing is chosen, the normal layoff procedures will be followed.

Section 4.7 Job Descriptions (Specifications)
The Personnel Director or designee with the assistance of the department heads shall prepare written specifications for each class of positions. The official copy of the specifications for each class shall be maintained in the personnel office and shall indicate the date of approval or last revision.

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Each specification shall include the class, title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the class; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Specifications are not restrictive. A department head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.

No person shall be appointed to any position unless that person meets the minimum qualifications set forth in the currently approved class specification for that position or meets the permissible equivalency provisions of these rules.

Section 4.8 Vacancies
When a permanent vacancy occurs in an authorized position, the department head may fill the vacant position with an existing employee or someone who is not currently employed. The department head may determine that it is in the City’s best interest to leave the position vacant.

Individuals will be chosen to fill the vacancy based on merit.

Section 4.9 Evaluations
All personnel of the City of Lindsay are subject to periodic evaluations of their work performance. Each person will be rated by his or her immediate supervisor and/or past supervisor depending on the length of time a person has been assigned to a particular supervisor. Each probationary employee shall be rated at the end of the third, sixth, ninth, and eleventh months of his/her probationary period, while each regular employee shall be rated thirty days prior to the employee’s anniversary date. Performance evaluations will consist of both a written evaluation report and an evaluation interview. The written report will be prepared and used as a guide during the evaluation interview. Each supervisor shall use the City form obtained from the Personnel Director or designee. The completed form will be dated and signed by the supervisor and the employee after the interview. The completed form will then be forwarded to the department head who in turn will supply the original to the Personnel Director.

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COMPENSATION
Section 5.1 Preparation of Salary and Wage Plan
Upon request of the City Manager, the Personnel Director shall recommend a wage and salary plan. The Personnel Director shall consult with each department head and give consideration to prevailing rates of pay and working conditions for comparable work in other public and private employment, the difficulty and responsibility of the work, current costs of living, suggestions of department heads, the City’s financial condition and other relevant factors.

Section 5.2 Adoption and Application of Plan
The City Council shall adopt a salary and wage plan and may amend it from time to time. At the time the City Council considers it, interested persons may appear and shall be heard. Suggested changes may be submitted to the City Council through the City Manager. Said adoption will be accomplished during the budget process.

Section 5.3 New Employees
A new employee shall be appointed to the first step of the salary range to which his/her class is assigned, except as follows: where it is difficult to locate qualified personnel, or when it appears that the education and previous training or experience of a proposed employee is substantially superior to those required at the beginning level of the class and justify a beginning salary in excess of minimum compensation. The City Manager may authorize hiring at a higher step in such cases.

Section 5.3.1 Advancement Within Salary Range
Advancement within the salary range is not automatic. An increase is made on the basis of merit as established by the employees’ work performance and after written recommendation of the department head. The department head shall set forth the source of funding for the raise, and show that adequate funds are available for the raise when given and in the coming fiscal years.

Any advancement must be approved by the City Manager or designee. An employee who fails to receive in-grade salary advancement shall be notified in writing as to the reason.

Section 5.3.2 Special Salary Adjustments
In order to correct gross inequities or to reward outstanding achievement and performance, (exceptional service) the City Manager may upon recommendation of the department head adjust the salary rate of an employee to any step in his/her existing salary range or up to 10% above the range if the employee is at the top step. (See 5.5)
The factor of exceptional service is intended to recognize exceptional performance in which an employee is performing service substantially above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. It does not include unusual acts or results caused by unusual conditions beyond the control of the employee, to which he/she demonstrated a normal reaction under the circumstances. This award may not be used in an attempt to solve a pay or classification inequity.

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Section 5.3.3 Applicable Pay Rates
(1) Following promotion. When promoted, an employee begins at step A of the range into which promoted or one step higher that his/her current salary, whichever is higher. The new anniversary date is the date of promotion. (2) Following demotion. In the case of the demotion to a class with a lower maximum salary, an employee shall be assigned to the same salary step in the new class, assuming that his/her service has been continuous in the new class.

The employee shall retain his/her previous anniversary date. (3) Following transfer. Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date. (4) Following salary range increases and decreases. Where a pay range is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.

Section 5.4 Deductions
Each deduction from an employee’s wages shall be made in accordance with prevailing laws, contracts, rules and regulations.

Section 5.4.1 Deductions Required by Law and Contracts
Deductions include federal withholding tax, state withholding tax, social security tax, city retirement premium, paid family leave, and SDI.

Section 5.4.2 Written Authorization From Employee
Authorization is required for group medical, dental, hospitalization, disability, life insurance premiums, credit union, and any other deduction approved by the City Manager.

Section 5.4.3 Claims
Claims for non-payment of debts for the purpose of garnishing employees’ wages shall be made to the Director of Finance under Section 710 of the Code of Civil Procedure.

Section 5.5 Salary Adjustment
The factor of exceptional service is intended to recognize exceptional performance in which an employee is performing service substantially above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. It does not include unusual acts or results caused by unusual conditions beyond the control of the employee, to which he/she demonstrated a normal reaction under the circumstances. This award may not be used in an attempt to solve a pay or classification inequity. We suggest you move this paragraph to Section 5.3.2 October 10, 2023 Regular Meeting of the Lindsay City Council

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Section 5.6 5.5 “Acting” Capacity
An employee, who temporarily assumes the duties of a superior position for an extended period of usually one (1) month or more, may upon approval of the City Manager receive premium pay commensurate with the duties assumed.

Section 5.7 5.6 Terminal Pay
An employee who is terminated is entitled to terminal pay:
(1) That portion of the final pay period from the first day of the final pay period to the effective date of separation. The day of separation is either the working day specified for separation or the last day of the pay period if no date is specified. (2) Accrued vacation actually earned but not taken.
(3) Accrued overtime.

Section 5.7.6.1 Employees’ Death
An employee may, in a writing filed with Human Resources, designate a person to receive the employee’s final paycheck in the event of the employee’s death. The employee may change the designation from time to time. A person so designated may claim the employee’s terminal pay upon proof of identity. A “person” for purposes of this section can include a corporation, trust, or estate.

An employee’s surviving spouse may claim compensation due to a deceased employee by providing the City a sworn affidavit or declaration as described in Probate Code section 13601.

Absent a designated beneficiary or receipt of a qualifying claim by a surviving spouse, terminal pay will be paid to the employee’s estate.

In case of employee’s death the City shall pay the employee’s beneficiary the sums set forth in

5.7 if he or she has so designated one; otherwise, terminal pay is paid to his or her estate.

Section 5.7.2 City Property
All City property in the employee’s possession must be returned prior to separation, including keys, key fobs, identification cards, equipment, credit cards, gas cards, laptops, cell phones, pagers, and any other City equipment.Terminal pay is paid to an employee only upon submission by the employee of all city-owned property in his/her possession including keys, badges, etc.

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APPLICATIONS AND APPLICANTS
Section 6.1 Employment Standards
It is the policy of the City to employ the best-qualified and most competent person available.

Selection is made on the basis of merit and such applicable standards as demonstrated ability, skills and experience, training aptitude, intelligence, and character.

Section 6.2 Applications
The City shall make official application forms available in a manner, which will facilitate effective recruiting. The form shall require information covering training, education, experience, and other pertinent information, and may include references. The applicant must sign the application.

Section 6.3 Application Filing
Each person participating in a scheduled selection process for employment shall have completed and filed an official application form for that recruitment. The personnel office must receive the official application form no later than the date and time of the last filing deadline as published in the announcement. Each applicant must sign the application form certifying that all statements are correct. Persons applying for a position must comply with the following conditions:

1. Meet the general conditions pertaining to the filing of an application.

2. Meet the specific requirements as shown on the announcement for a particular position;

3. Meet the right-to-work in the United States or citizenship requirement, and

4. Be willing and able to accept the employment in the present vacant position or a future similar vacant position, if employment were offered.

The name of persons applying for City positions or the evaluation of their participation in any selection process shall not be made public. Applications will be accepted when recruitment has begun for a position.

Section 6.3.1 6.4 Evidence of Good Character
The City may require an applicant to furnish evidence of good character.

Section 6.3.2 6.5 Physical and Psychiatrist Examination The City may require an applicant to undergo physical and/or psychiatric examination at the City’s expense.

Section 6.3.3 6.6 Credit Rating
The City may require satisfactory credit ratings of applicants and/or employees.

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Section 6.3.4 6.7 Residency
Residence in the City at the time of application is not a requirement. However, the City Manager or department head may require certain classes of employees to live within a specified response time of the City.

Sections 6.4 Standards 6.8 – Operation of Motor Vehicle If driving a vehicle is required for the job the applicant must be able to show:
(a) The ability to posses a valid California driver’s license (b) The ability to drive safety
(c) The ability to operate a motor vehicle in all types of weather conditions Section 6.4.1 6.9 Personal Integrity
The City will consider evidence of personal integrity such as:
(a) Refusing to yield to the temptation of bribes, gratuities, pay offs, etc. (b) Refusing to tolerate unethical or illegal conduct on the part of other personnel. (c) Showing strong moral character and integrity in dealing with the public. (d) Being honest in dealing with the public.

Section 6.4.2 6.10 Dependability
The City will consider evidence of dependability such as:
(a) Having a record of submitting reports or completing assignments on time and not malingering on jobs.
(b) A record of being motivated to perform well.
(c) A record of dependability and ability to follow through on assignments. (d) A history of taking the extra effort required for complete accuracy in all details of work.
(e) A willingness to work the hours needed to complete a job.

Section 6.5 6.11 Disqualification of Applicant
The Personnel Director may eliminate from the selection process, remove from the eligible list, or refuse to certify the name of any person:

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(a) Who does not meet the minimum qualifications established for the class or position to which they seek appointment;
(b) Who has made a false statement, misrepresentation, or omission of a material fact or actual or attempted deception, fraud or misconduct in connection with his or her application
(c) Who has improperly used or attempted to use any personal or political influence to further his or her eligibility for appointment;
(d) Who has been terminated for good cause from previous employment. (e) Who has failed to submit an application correctly within the prescribed time limit;
(f) Who has directly or indirectly obtained information regarding examinations to which applicants are not entitled;
(g) Who has failed any part of the selection process for the same position within the last six months
(h) Who is physically or psychologically unfit for the performance of essential functions of the position and such unfitness cannot be reasonably accommodated. (i) Who has been convicted, including pleas of guilty and nolo contendere, of any felony or a misdemeanor, which was of such a nature as to reflect adversely and substantially on the applicant’s ability to perform the duties of the position. The City Manager may disregard such convictions if it is found and determined by the City Manager that mitigating circumstances exist.
(j) For any other material cause which in the judgment of the Personnel Director would render the applicant unsuitable for the position, including a prior resignation from the City, termination from the City, or a significant disciplinary action.

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EXAMINATIONS AND ELIGIBLE LISTS
Section 7.1 Conduct of Examinations
The Personnel Director is responsible for examinations except when the City Manager determines that an examination for a particular class should be conducted by the department concerned.

Section 7.2 Nature and Types of Examination
The selection techniques used in the examination process shall be impartial and related to those subjects which, in the opinion of the department head, fairly measure the relative capacities of the person examined to execute the duties and responsibilities of the class to which employed. Such techniques include: personal interview, written examination, performance tests, work samples, physical agility tests, evaluation of training and experience, physical examination, psychological tests, background investigation, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.

Section 7.2.1 Continuous Examinations
Open-Competitive examinations may be administered periodically for a single class, as the needs of the service require.

Section 7.2.2 Promotional Examinations
It is the policy of the City to give open and competitive examinations for all positions except when the City Manager finds that there are a sufficient number of qualified candidates in city service or that the position requires special knowledge and familiarization. Promotional examinations may include any of the selection techniques mentioned in section 7.2 of this rule.

Only employees who meet the requirements set forth in the examination announcements may compete.

Section 7.3 Scoring Examination and Qualifying Scores
A candidate’s score in a given examination shall be the total of his or her scores on each competitive part of the examination weighted as determined for the selection process. Failure in one part of the examination shall be grounds for declaring such applicant as failing the entire examination or as disqualified for subsequent parts of an examination.

Section 7.4 Notice of Examination Results
Applicants shall be notified by mail concerning the results of their participation in the selection process. Said notification shall indicate whether or not the applicant has been placed on the employment list.

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Section 7.5 Establishment of Eligible List
As soon as possible after the completion of an examination, the Personnel Director or designee shall score the examination and prepare an eligible list in numerical ranking based on the candidate’s grade. One of the candidates with the top five highest test scores should be appointed. If the department head chooses to appoint an individual who is not in the top five written justification shall be made to the Personnel Director. The Personnel Director shall review the written justification and recommend approval or denial to the City Manager for final action.

Section 7.5.1 Duration of List
An eligible list other than one resulting from a continuous examination remains in effect for one year, unless abolished, exhausted, or extended by the City Manager. Any extension shall be for an additional period of not more thaen three (3) months.

Section 7.5.2 Re-employment List
The name of each regular employee who has been laid off shall be placed on an appropriate reemployment list in the order of total continuous cumulative time served in probationary and regular status. The names remain for three (3) months unless the persons are sooner re-employed.

Section 7.6 Removal of Name From List
The Personnel Director may remove the name of an eligible applicant from the employment list:
(1) For ground set forth in Rule VI, Section 6.4, entitled Disqualification of applicants;
(2) On receipt of a statement from the eligible applicant indicating a lack of interest in the class or employment.
(3) On evidence that the eligible applicant cannot be located; (4) On evidence that the eligible applicant fails to respond to a notice mailed to the last designated address within five (5) working days following the mailing of notice;
(5) On report of an unsatisfactory background investigation; (6) If on a promotional list and separated from employment.

The person affected shall be notified of the removal of the name by a notice mailed to the last known address.

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APPOINTMENTS
Section 8.1 Types of Appointments
A vacancy is filled by original appointment, reinstatement, re-employment, transfer, promotion, or demotion.

Section 8.2 Request to Fill Vacancy
The Personnel Director shall be notified when a vacancy is to be filled.

Section 8.3 Method of Appointment
The Personnel Director may send the list of eligibles to the department head as set forth in Rule VII, Section 7.5.1. If the department head; after interview desires, to make the appointment, he/she may do so subject to the approval of the City Manager. The department head may fill a vacancy by reinstatement, transfer, demotion, promotion, or re-employment, if permissible under these rules. This request shall be made prior to the Personnel Director undertaking any other method of appointment or establishing an eligibility list. If the Personnel Director (or City Manager if the employee is reinstated) grants permission to proceed with filling the vacancy in this manner, the Personnel Director shall notify the person, not the department head. If the person is offered the appointment and does not accept the appointment in writing, or present himself/herself for duty as prescribed, the appointment is considered rejected.

Section 8.4 Reinstatement
A regular employee who resigns in good standing may within one (1) year of his or her resignation be reinstated in a position in the class in which he or she previously had served or in a comparable class. A person may be reinstated only if a vacancy exists, the department head recommends reinstatement, and the City Manager approves. An employee reinstated is in a probationary status and is considered a new employee for purposes of vacation, sick leave and salary increases. If the Employee returns and is granted reinstatement within thirty (30) days, employment will resume as though uninterrupteduninterrupted, and the employee will not be required to serve a probationary period.

Section 8.5 Re-employment After Lay-Off
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of (3) months. An employee so re-employed retains all benefits accrued in prior service with the city.

During the lay-off, no benefits accrueaccrue, and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) days.

Section 8.6 Transfer
An employee may be transferred from a class in one department to a position of the same class in another department. Such transfer does not result in a loss to the employee of accumulated vacation, sick leaveleave, or overtime.

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Section 8.7 Demotion
A position may be filled by demotion of an employee in accordance with these rules and regulations. An employee may be demoted in preference to being laid off.

Section 8.8 Nepotism
No person may be appointed or transferred into a position in the city City contrary to the provisions of Section 22.9 of these Rulesin which a relative by blood, marriage or domestic partnership is employed. The City Manager may waive this prohibition based on the needs of the city.

Section 8.9 Temporary or Part-Time Appointments
Time spent under temporary or part-time appointment is not credited to the probationary period or counted toward salary eligibility. Time spent under temporary or part-time appointment is not credited to vacation, sick leave, or retirement benefits.

Section 8.10 Offer of Employment
Only the Personnel Director may extend offers of employment to selected candidates.

Employment offers for all positions shall be made in writing and shall include starting salary on an hourly, weekly, or monthly basis. An employment offer made in terms of annual salary shall not imply a yearly contract.

All appointments shall be classified as full-time, part-time, or temporary and are defined as exempt or non-exempt for overtime pay. Employees will not change from part-time or temporary status to another status unless specifically informed of such a change, in writing by the Personnel Director. Part timPart-timeetime and temporary employees serve at the will and may be terminated at any time without cause or an opportunity for a hearing.

Section 8.11 Fingerprints / Live Scan
As a condition of employment, the City Manager may require a person seeking employment by the City to be fingerprinted prior to beginning employment or immediately thereafter. Refusal of an employee to be fingerprinted or failure to report for fingerprinting shall be sufficient cause for disqualification from employment or termination from employment. The Personnel Director shall establish and maintain a system for fingerprinting of employees. Fingerprint cards or live scan documents shall become a part of the employee’s personnel folder to be cleared through the Bureau of Criminal Identification and Investigation of the State of California and other agencies as deemed appropriate. The fingerprint cards or live scan prints for law enforcement applicants shall be processed immediately.

Section 8.12 Medical Examination
Following a conditional offer of employment, prospective employees shall be required to complete a job relatedjob-related pre-placement physical and/or psychological examination.

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the city shall make reasonable accommodations to the special needs of any disabled individual as required by law. A licensed physician chosen by the City without cost to the prospective employee shall perform such examination. The prospective employee shall be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination. The physician will indicate the employee’s fitness for employment on the examination form. In the event the examination is not completed prior to the employee’s scheduled start date, only a tentative appointment may be made. The final appointment will be contingent on a satisfactory examination result.

Depending on the job-related physical characteristics required, a medical examination may be required for:
(1) Entering employees;employees.
(2) Employees seeking a transfer from one position requiring general physical abilities to another position requiring different physical abilities and;and. (3) Employees returning to work from a medical leave of absence.

The physician conducting the medical examination shall be supplied with a current job description indicating the job-related duties and requirements of the position. The results of all medical examinations shall be confidential. Examination results for entering employees and employees transferring to another position shall not be kept in the employee’s personnel file. No employee shall hold any position in which the employee is not able to perform the essential functions of the job with or without reasonable accommodation if disabled. The City Manager may require that employees take a psychological or a medical examination as it deems necessary in order to determine employees to be mentally and physically capable of performing the job without significant risk to the health or safety of themselves or others.

Section 8.13 Driver’s License and Driving Record
Employees who are required to drive are required to possess a valid California driver’s license and maintain a satisfactory driving record as a condition of employment. Employees must immediately report to the Personnel Director any changes in driving privileges. Failure to do so may result in disciplinary actions.

Section 8.14 Employment Oath
In accordance with Article XX, Section 3 of the Constitution of the State of California and California Government Code Section 3102, All all employees of the City (except legally employed non-citizens) shall complete and sign the Oath or Affirmation of Allegiance of Public Officers and Employees on the first day of employment in accordance with Article XX, Section 3 of the Constitution of the State of California. The City Clerk or other designated individual shall administer the Oath and a signed copy shall be included in the employee’s personnel file.

Section 8.15 Identification Cards
The Personnel Director or department head shall issue employee identification cards to all employees of the City. Employee identification cards are to be used by employees in conducting business on behalf of the City. Employee identification cards are the property of the City and shall be surrendered to the City upon demand or separation from employment and prior to October 10, 2023 Regular Meeting of the Lindsay City Council

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receiving payment of salary due at separation. Employees shall be required to immediately report lost or stolen identification cards to the Personnel Director.

Section 8.16 Keys
Keys to City facilities will be issued to employees so designated by the City Manager or his designee. Keys are the property of the City and shall be surrendered to the City upon separation from employment and prior to receiving payment of salary due at separation. Employees shall be required to immediately report lost or stolen keys to the Personnel Director.

Section 8.17 Other City Property
Other property issued to the employee belonging to the City shall be surrendered to the City upon demand or upon separation. The final salary due may be adjusted for failure to return issued property.

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PROBATIONARY PERIOD
Section 9.1 Purpose
The probationary period is the final step in the selection process. It is an extension of the examination process and the employee’s performance shall be closely observed for securing the most effective adjustment of a new employee to his or her position.

Section 9.2 Duration of Probationary Period
Each original and promotional appointment made to a position in the competitive service shall be subject to a probationary period. The length of the probationary period shall be twelve (12) months of continuous service for all employees. The probationary period shall not include time served in any employment capacity except that of a regular full-time position. The probationary period may be for a longer period of time if extended or as established in the job description.

Section 9.3 Successful Completion of Probationary Period The Personnel Director or designee shall notify the department head two weeks prior to the end of any probationary periodthe due date of a probationary employee’s eleventwelve-month performance evaluation. If the employee’s performance has been satisfactory to the department head and advancement to regular status is warranted, the department head shall so state in the employee’s probationary performance evaluation report. The employee shall then be advanced to regular status on his or her anniversary date. If the employee’s performance has not been satisfactory and the department head recommends release from probation, the department head shall so state in the evaluation report. If such a statement is not filed, the employee will be deemed to have satisfactorily completed his or her probationary period.

Section 9.4 Rejection of Probationer
During the probationary period, an employee is considered “at will” and may be rejected at any time by the City Manager (at the recommendation of the department head) for failure to satisfactorily complete the probationary periodwithout cause or reason, without prior notice, and without any right to appeal or grievance. The probationary employee will be notified prior to the expiration of the probationary period that they have been rejected from probation.Notification of rejection by the department head shall be served on the probationer.

Section 9.5 Rejection Following Promotion
A promoted employee who does not successfully complete a probationary period shall be restored, providing a vacancy exists, to the same or similar position in the same class from which promoted unless charges are filedfiled, and employee is terminated in the manner provided for in the these rules.

Section 9.6 Promotion, Demotion, and Transfer Probationary Period A new probationary period shall be required following demotion or transfer. When an employee transfers or demotes from one department to another department, a new probationary period shall be served in the latter department.

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Section 9.7 Reemployment and Reinstatement Probationary Period Persons appointed to positions by reemployment must serve a new probationary period, unless the appointment is to the same class in the same department where a probationary period has been previously served. Persons appointed to positions by reinstatement must serve a new probationary period. No credit for former employment shall be granted.

Section 9.8 Interrupted Probationary Period
When the probationary period of an employee is interrupted because of a leave of absence or appointment to another class and the employee later returns to the former class in the same or a different department, a new probationary period shall be served. Credit for all or part of the previous probationary period may be granted to the employee by recommendation of the department head, and approval by the City Manager. (See 9.2).

Section 9.9 Extension of Probationary Period
At the discretion of the department head and with the approval of the City Manager, the probationary period may be extended for a maximum of six (6) months and a new anniversary date will be established.

If an employee’s probationary period is interrupted due to illness or injury for thirty (30) days or more the employee’s probationary period will be automatically extended for the period of absence and a new anniversary date will be established.

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HOURS OF WORK; OVERTIME; HOLIDAYS
Section 10.1 Hours of Work
The provisions in this section govern hours of work for employees. However, this provision shall not interfere with the essential services of a department. Under no condition shall regularly scheduled hours for a full-time employee for the City consist of work less than 40 hours per week within five (5) consecutive days. Shifts vary as required to meet the operational requirements of the department where the employee works. When desirable, the City Manager may designate other working hours for employees whose specific duties require it.

Section 10.2 Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidayholidays, and leaves. All departments shall keep daily attendance record of employees, which shall be reported to the finance office in the form and on the dates specified.

Failure on the part of an employee, absent without leave, to return to duty within three consecutive work shifts is cause for immediate discharge, and such employee automatically waives all rights under these rules and regulations.

Section 10.2.1 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for three (3) consecutive scheduled work shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Personnel Director before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.

Section 10.3 Holidays
The holidays observed in the City shall be posted each year. See specific M.O.U. Memorandum of Understanding.

Section 10.3.1 Paid Holiday
Paid A paid holiday is paid time off for certain designated holidays or pay in lieu of holidays for personnel who are assigned to work on holidays. If any supervisor deems that adequate need exists and requests an employee to work on a holiday, the employee has no right to decline. An employee who is required to work on a paid holiday will receive an extra day of pay for the holiday worked, or the day may be taken at a later time as the employee and the department head October 10, 2023 Regular Meeting of the Lindsay City Council

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see fit. As far as practical, holiday work shall be equally distributed among employees. No department head or supervisor is free to leave his department to observe a holiday until a necessary level of staffing has been achieved.

Section 10.3.2 Holiday Falling On Weekend
When a holiday falls on a Sunday, the holiday will be observed on the following regular business day (typically Monday)the following Monday is a holiday. If a holiday falls on a Saturday, the holiday will be observed on the preceding regular business day (typically Friday).preceding Friday is a holiday.

Section 10.3.3 Overtime Compensation for Holidays Worked Employees who work on a holiday, because it occurs during their regular work schedule in addition to regular pay, because it occurs during their regular work schedule in addition to regular pay are entitled to either pay at straight time or one day’s compensatory time.

All other overtime compensation for time worked on holidays shall be paid the rate of 1-1/2 times the hourly rate based on the employee’s monthly salary, unlicensed unless an employee prefers compensatory time.

Section 10.3.4 Employee Request
A city employee who wishes to observe holidays peculiar specific to his or her race culture, national origin, or religion may do so with the approval of his/her department head. This time off is charged to compensatory time or vacation.

Section 10.4 Overtime
It is the policy of the City’s to compensate non-exempt employees who work authorized overtime either by payment of wages for each hour worked over forty (40) in a work week or as agreed in the applicable Memorandum of Understanding ( M.O.U. ), or by the allowance of accrual of compensatory time off. Overtime is compensated at one and one halfone-half times the Fair Labor Standards Act regular rate of pay. In order to qualify for either, the employee must make the appropriate entry on the time sheet, as soon as practical after overtime is worked.

Section 10.5 Compensatory Time Off Policy
Section 10.5.1 Supervisor Approval Required Before Work A non-exempt employee may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to overtime work being performed.

Section 10.5.2 Accrual Rate
CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee’s work week. CTO cannot be accumulated in excess of [100] hours at any given time.

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Section 10.5.3 Employee Requests to Use CTO
The City will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee makes the request in writing to the supervisor no later than five days prior to the date requested. If the employee does not provide five days’ notice, or if the department cannot accommodate the time off, the City will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period.

Section 10.5.4 City Cash Out
The City reserves the right to cash out accumulated CTO at any time.

Section 10.5.5 Employee Cash Out
During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher.

Section 10.6 General Overtime Policy
No non-exempt employee is authorized to “volunteer” work time to the Department. All requests to work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime period or immediately thereafter. Working overtime without approval is grounds for discipline.

Section 10.7 Employees Responsibility
Employees shall complete the requests immediately after working the overtime and turn them in to their immediate supervisor.

Section 10.8 Supervisors Responsibility
The supervisor who verifies the overtime earned shall approve the request. After the entry has been made on the employee’s time sheet, the time sheet shall be forwarded to the department head for final approval.

Section 10.9 Accounting for Overtime Worked
Employees are to record the actual time worked in an overtime status. In some cases, an M.O.U. or other contract provides that minimum time will be paid, ( e.g. two hours, for call out). The supervisor will enter the actual time worked.

Section 10.10 Accounting for Portions of an Hour
Partial hours for overtime worked are to be accounted for in quarters of an hour. One quarter is equivalent to fifteen minutes as indicated by the following chart.

TIME WORKED INDICATE ON TIMESHEET
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1 – 15 Minutes ¼ hour
16 – 30 Minutes ½ hour
31 – 45 Minutes ¾ hour
46 – 60 Minutes 1 hour
Section 10.11 Variations in Time Reported
Where two or more employees are assigned to the same activity and the amount of time for which payment is requested varies from that reported by the other employee, the supervisor may require each employee to include the reason for variation on the back of the overtime payment request.

Section 10.12 Off-Duty Employment
No City employee may accept gainful employment during off-duty hours unless prior approval is obtained from department head and City Manager.

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LEAVES OF ABSENCE
Section 11.1 Vacation Leave of Employee
Full time employees receive ten (10) days of vacation for the first five years of employment. Full time employees with five (5) years of continuous service will receive eleven (11) days per year.

Full time employees with seven (7) years of continuous service will receive thirteen (13) days per year of vacation. Full time employees with ten (10) years of continuous service will receive fifteen (15) days per year of vacation.

Section 11.1.1 When Vacation Leave is Earned
Full time employees accrue vacation leave while in paid status, including while on paid sick leave or other forms of paid leave.is earned by:
(a) A full time employee on sick leave with pay;
(b) An employee on paid leave of absence on account of disability created by on the job accident while working for the city.
(c) An employee on jury leave. It is not earned by an employee on unpaid leave of absence, nor by one on leave covered by a private disability insurance plan.

No vacation leave is It is not earned while an employee is on an by an employee on unpaid leave of absence, or a leave by one on leave covered by a private disability insurance plan or by Ttemporary, emergency, or and extra help employees do not earn vacation leave.

Part time employees only earn pro- rated vacation leave after 5 years of uninterrupted service.

Section 11.1.2 Effect of Holiday on Vacation Leave
An employee is not charged vacation leave for a holiday occurring during his vacation leave.

Section 11.1.3 Changing Vacation Leave to Sick Leave
Vacation leave may be changed to sick leave upon submission of a doctor’s certificate stating that the employee is ill and unable to work. Such change in leave shall be approved by the City Manager.

Section 11.2 Sick Leave
The purpose of this section is to provide an orderly methods of furthering the health and safety of city employees. Sick leave is not a right, which an employee can use at his or her discretion, but a privilege which is allowed only in the case if illness, bodily injury, exposure to contagious disease, medical or dental appointment or attendance upon an ill or injured member of employee’s immediate family. Sick leave may not be granted for absence caused by intoxication Formatted: No bullets or numbering
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or excessive use of alcoholic beverages. To be paid for sick leave, an employee must notify his supervisor before the time for beginning his/her daily duties. Section 11.4 covers leave of absence caused by on-the-job injuries. The finance office shall maintain sick leave records for all city employees. Sick leave is paid leave from work that an employee may use for the following purposes:
(a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchildren; or a sibling; or (a)(b) For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities:
(1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety.

Section 11.2.1 Accrual of Sick Leave
Regular employees accrue A regular employee accrues sick leave beginning on the first day of employment at the rate of 3.08 hours per pay period (10 days per year; sick leave hours may be used beginning on the 90th day of employment. Sick leave is accrued at the rate of 3.08 hours per pay period (10 days per year). Upon separation from City service sick leave is lost.

All other employees who have worked for the City for thirty or more days within a year will accrue one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but the employee will stop earning sick leave once they have accrued 48 hours or six work days/shifts, whichever is greater.

A. Part-Time Employees Sick Leave / Healthy Workplace Healthy Family Act of 2014 (AB 1522)
An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave.

Employees, including part-time and temporary employees, will earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or July 1, 2015, whichever is later.

Exceptions: Employees covered by qualifying collective bargaining agreements, InHome Supportive Services providers, and certain employees of air carriers are not covered by this law.

An employer may limit the amount of paid sick leave an employee can use in one year to 24 hours or three days. Accrued paid sick leave may be carried over to the next year, but it may be capped at 48 hours or six days.

An employee may use accrued paid sick days beginning on the 90th day of employment.

An employee may request paid sick days in writing or verbally. An employee can take paid leave for employee’s own or a family member for the diagnosis, care or treatment of October 10, 2023 Regular Meeting of the Lindsay City Council

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an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.

Section 11.2.2 When Right to Take Sick Leave BeginsUse of Sick Leave An employee may use accrued sick leave, in a minimum increment of two hours, beginning on the 90th day after the first day of employment with the City, subject to the limits and request provisions in this policy. A regular employee may take paid sick leave beginning the seventh month of employment.

Section 11.2.3 Use of Sick LeaveSick Leave Request
An employee with approval of the department head my use accumulated sick leave for dental or medical appointments during working hours not exceeding four (4) hours at one time. An employee is not charged sick leave for an appointment if time absent is less then one (1) hour.

An employee, with prior approval of the department head, may use accumulated sick leave to attend an ill or injured member of his/her immediate family, up to a maximum of five (5) days a year. This includes time off in order to take a member of his immediate family to or from the hospital. In addition, another three (3) days accumulated sick leave may be used with prior approval of department head for critical illness in the immediate family when death appears to be imminent. Sick leave granted under this subsection shall be indicated on employee’s time sheet and his personnel records shall be noted accordingly.

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

Section 11.2.4 Return to Employment After Sick LeaveCertification of Sick Leave The department head or Personnel Director may require a physician’s certification to support any absence due to illness or injury for more than three calendar days, or if the City suspects there is an abuse of sick leave. Employees who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter, as outlined in Labor Code section 230, subsection (d).

When an employee returns to duty after an absence of three days or more chargeable to sick leave, the department head or Personnel Director may require an affidavit showing the nature of the cause of sickness or injury. If absence is five (5) days or longer, the department head or Personnel Director may require a signed statement from a doctor or dentist that the employee was incapacitated and unable to perform his or her duties throughout the entire period of sick leave, unless the City Manager grants a waiver. In case of frequent use of sick leave, an employee may be requested to file a physician’s statement for each illness regardless of duration.

Section 11.2.5 Return to Employment after Sick Leave
On return to duty after a leave of absence due to illness or injury, an An employee may be required to take an examination by a physician designated by the City to determine the October 10, 2023 Regular Meeting of the Lindsay City Council

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employee’s fitness for duty. On the basis of authoritative medical advice, the City Manager shall determine whether an employee is physically fit to perform for the duties of his/her position and when the employee can be reasonably accommodated if disabled and may take the action he/she considers appropriate.

Section 11.2.6 Sick Leave on Separation from Employment Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment. Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.

Employees shall not be permitted to exhaust sick leave in order to extend the effective date of a disability retirement. Employees who are qualified for a disability retirement, regardless of whether the disability retirement application is employer or employee originated, may be retired by the City immediately without exhausting their sick leave.

If an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of six (6) days or 48 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 day-qualifying period to be able to use accrued sick leave.

Section 11.3 Extended Medical Leave
In the case of an employee’s continued illness after the expiration of sick leave, his or her absences may then be charged to compensatory time accrued or vacation leave accrued with the approval of department head. Upon the complete use of sick leave, vacation and compensatory time accrued, the City Manager may grant a medical leave of absence without pay upon written request of the employee, setting for the reason for the request. The approval by the City Manager shall be in writing. If the employee is not able to return to work by the end of that period, he/she may request further medical leave and the City Manager may grant or deny the request. If no further leave is granted, failure on the part of the employee on leave to report promptly at its expiration shall be cause for immediate discharge. Employees may also be entitled to extended medical leave under state or federal law, or in appropriate cases as an accommodation for a qualifying disability. The City may, to the extent permitted by law, run paid leave accruals concurrently with statutory leave rights.

Section 11.4 On DutyOn-Duty Injuries
The purpose of this policy is to provide for the reporting of on-duty injuries or death to Risk Management, ensure proper medical attention is received, and document the circumstances of the incident. An employee injured in the course of his/her employment must report the accident to his supervisor as promptly as possible. The employee must be given the State “Employee’s Claim for Workers’ Compensation Benefits” form within twenty-four (24) hours of notification by the employee. The form must be given out regardless of whether or not the employee receives first, aid, seeks medical treatmentreatment,t or loses any time from work.

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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.

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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 October 10, 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 three (3)five working days of bereavement leave are a paid leave of absence.

For all other employees, or for leave beyond three (3)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.

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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.

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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.

D.

E.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:

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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 October 10, 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 October 10, 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, parentOctober 10, 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 October 10, 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 October 10, 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 October 10, 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 October 10, 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.
(kk)(jj) Fighting, or horseplay, or provoking a fight while on duty. (ll)(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. (mm)(ll) Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on City premises or when representing the City. (nn)(mm) Threatening, intimidating or coercing other employees on or off the premise at anytime, for any purpose.
(oo)(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. (pp)(oo) Refusal to take and subscribe any oath or affirmation, which is required by law in connection with employment.
(qq)(pp) Unlawful discrimination, harassment or retaliation. (rr)(qq) Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the CityConflict of interest. (ss)(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. (tt)(ss) Working overtime without authorization or refusing to work assigned overtime. (uu)(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.

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 October 10, 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.

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.

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.

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.

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.
(e)(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. (f)(g) Notice of the employee’s right to have a representative of their choice at the Skelly conference.
(g)
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.

The appeal hearing officer shall be the City Manager or an individual designated by the City Manager, so long as the City Manager did not serve as the Skelly officer for the discipline at issue October 10, 2023 Regular Meeting of the Lindsay City Council

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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 October 10, 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;

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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 October 10, 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 October 10, 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 October 10, 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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