Agenda packet, second session — Los Banos City Council, November 5, 2025 (part 1 of 3)

LOsBanos
At t11e Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
NOVEMBER 5, 2025 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para atender o participar en esta junta por favor flame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo me nos de 48 horas antes de la junta.

La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
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Cualquier escritura o las documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfculo en este orden def dfa sen§ hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y las documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note: The Brown Act provides the pubiic with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to lhe City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's Website for public review. Agenda packets can be found on the Cl!y's wet:?s~te ~t the fQIIQVJ_ing link: https://losbanos.org/category/city-councilA Los Banos City Council Agenda - November 5, 2025 Page 1 of 5 1 1. CALL TO ORDER - November 5, 2025 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
__ Mitzy Perez - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATION.

A. Proclamation Commemorating Veterans Day November 11, 2025.

B. Certificates of Recognition for the Veterans Day Parade.

C. Proclamation Recognizing the Retirement of City of Los Banos Police Officer Teresa Provencio.

D. Certificate of Recognition - Employee of the Month for October 2025 - Brad Bascue, Maintenance Worker I, Parks & Recreation Department.

E. City Council Resolution No. 7007 - Commendation to Gary M. Brizzee, Jr.

Recommendation: Adopt the resolution as submitted.

F. Presentation and Discussion Regarding the Federal Shutdown and the Impacts on the CalFresh Program - By John Ceccoli, Director of the Merced County Human Services Agency.

6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #254152 - #254494 in the Amount of $2,929,886.15.

Recommendation: Approve the check register as submitted.

Los Banos City Council Agenda - November 5, 2025 Page 2 of 5 2 pgs. 1-6
pgs. 7-16
pgs. 17-22
B. First Quarter Investment Report for 2025/2026.

Recommendation: Accept the report as submitted.

C. City Council Resolution No. 7008 - Accepting the Transportation Development Act Funds Financial Statement for the Years Ended June 30, 2018 and 2017 as Prepared by Price Paige & Company, Merced County Associations of Governments' (MCAG) Auditors.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 7009 - Approving the Radio Tower License Agreement Between the City of Los Banos and the County of Merced, Authorizing Merced County to Install and Operate Public Safety Radio Communications Equipment on the City-owned Telecommunications Tower Located at the Los Banos Fire Department.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 7010 -Awarding the Bid for the Purchase of Two (2) New 2026 Model ½ Ton Pickup Trucks with Liftgates and Authorize to Issue a Purchase Order in the Amount of $106,060.20 to Ferro Automotive Group dba Fairfield Chevrolet.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 7011 - Awarding the Bid for the Purchase of a New 2026 Model ½ Ton Crew Cab Truck and Authorize to Issue a Purchase Order in the Amount of $48,457.99 to Ferro Automotive Group dba Fairfield Chevrolet.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 7012 - Awarding the Bid for the Purchase of a New 2026 Model Mid-Size Crew Cab 4x4 Truck and Authorize to Issue a Purchase Order in the Amount of $41,642.63 to Ferro Automotive Group dba Fairfield Chevrolet.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 7013 - Accepting the Eastern Application Field Irrigation Piping Replacement Project at the Wastewater Treatment Plant as Complete, Authorizing the Filing of the Notice of Completion, Authorizing Release of Retention, and Approving a Budget Amendment to Increase Appropriations in the Wastewater Treatment Fund by $110,320.90.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 7014 - Acting as the City of Los Banos Groundwater Sustainability Agency Authorizing the City Manager to Execute the Delta-Mendota Subbasin Groundwater Sustainability Agencies (GSA) Joint Powers Authority Agreement.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - November 5, 2025 Page 3 of 5 3 pgs. 23-32
pgs. 33-50
pgs. 51-146
pgs. 147-152
pgs. 153-158
pgs. 159-164
pgs. 165-172
pgs. 173-204

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of the 2025 California Fire Standards Code, Local City of Los Banos Amendments to the Codes, and Justification of Local Conditions.
1) Ordinance No. 1211 - Adopting by Reference the 2025 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal Code and Adoption of Local Amendments Thereto. (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, waive the first reading, and introduce the ordinance as submitted.

B. Public Hearing - To Receive Public Comment and Consideration of the 2025 California Building Standards Code, Local City of Los Banos Amendments to the Codes, and Justification of Local Conditions.
1) Ordinance No. 1212 - Adopting by Reference the 2025 Edition of the California Building Standard Codes by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. (First Reading & Introduction) Recommendation: Receive staff report, open the public hearing, waive the first reading, and introduce the ordinance as submitted.

C. Public Hearing - To Receive Public Comment and Consideration of Approving the Sixth Cycle Multi-Jurisdictional Housing Element (2024-2032) and Approving a New Ordinance to Implement the Housing Element Establishing a Regional Housing Needs Assessment (RHNA) Overlay District. 1) City Council Resolution No. 7015 - Approving General Plan Amendment No. 2025-03 to Adopt the City of Los Banos Housing Element of the General Plan for the Period of 2024-2032.
2) Ordinance No. 1213 - Adding Article 49 to Title 9, Chapter 3 of the Los Banos Municipal Code - Regional Housing Needs Assessment (RHNA) Overlay District to Facilitate Implementation of the Housing Element. (First Reading & Introduction)
Recommendation: Receive staff report, open the public hearing, adopt the resolution, waive the first reading, and introduce the ordinance as submitted.

9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 7016 - AMENDING THE CITY'S POLICY & PROCEDURES MANUAL (PERSONNEL

RULES) AND ESTABLISHING THE SUMMARY OF COMPENSATION FOR • UNREPRESENTED EMPLOYEES.

Recommendation: Receive staff report and adopt the resolution as submitted.

Los Banos City Council Agenda - November 5, 2025 Page 4 of 5 4 pgs. 205-250
pgs. 251-268
pgs. 269-530
pgs. 531-932

10. UPDATE ON AUDITING SERVICES REQUEST FOR THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID).

Recommendation: Receive staff report and direction from the city council on how to proceed. 11 . CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.

12. CITY MANAGER REPORT.

A. Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation: Police Chief and Parks & Recreation Director.

Recommendation: Informational item only, no action to be taken.

13. CITY COUNCIL MEMBER REPORTS.

A. Mitzy Perez - District 1
B. Evan Sanders - District 2
C. Marcus Chavez - District 3
D. Deborah Lewis - District 4
E. Michael Amabile - Mayor

14. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing ]!,_nda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.

Lucille
~--1.

L. Mallonee,
~
City Clerk Dated this '3oth day of October 2025
Los Banos City Council Agenda - November 5, 2025 Page 5of 5 5 pgs. 933-935

THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
, '""
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gary Brizzee, Interim City Manager f>cz.\~.t.L
Lucy Mallonee, City Clerk/Human Resources Direct~
DATE: November 5, 2025
SUBJECT: Amending the City's Personnel Rules and Establishing the Summary of Compensation for Unrepresented Employees
TYPE OF REPORT: Agenda Item
Recommendation:

That the City Council approve a Resolution amending the City's Personnel Rules and establishing the Summary of Compensation for Unrepresented Employees.

Discussion:

On March 7, 2012, the City Council adopted Resolution No. 5385 to establish the Personnel Rules for the City. The Personnel Rules establish merit-based employment, rules of conduct, disciplinary appeal procedures, and govern all leaves of absence policies.

City Labor Agreements refer to the Personnel Rules to authorize certain City-wide benefits, including Tuition Reimbursement, Sick Leave, Vacation Accrual, Holidays, Bilingual Pay, and Education Incentive Pay.

The Rules require periodic updates to address changes in the law, best practices, and the City's operations. Since 2012, some Divisions of the Rules have been individually updated.

However, this is the first full update since that time. The final revisions bring the Rules into compliance with current law, clarify and streamline the language, incorporate other best practices, and make the Rules consistent with actual City practices.

Staff and outside legal counsel conducted a comprehensive review and update of the Rules.
1 531
ITEM 9
The City's six employee bargaining groups were given the opportunity to meet and confer over changes that affect the scope of representation. The City reached agreement with all units who requested to meet and confer regarding the updated rules.

The major revisions are summarized below:

1. 2.

Summary of Compensation for Unrepresented Employees: The Personnel Rules have historically served as the authorizing document for unrepresented employee personnel benefits. The updated Rules remove the unrepresented personnel benefits, and moving forward, this information will be contained in a separate document entitled, "Summary of Compensation for Unrepresented Employees." The Summary will be posted on the Human Resources website along with the Memoranda of Understanding for represented employees.

Legal Updates to the Rules include the following:
a. Division 1, Section 1007 Personnel Policy Statement, Division 18, Section 18037 Harassment. Discrimination and Retaliation Prohibited: Updated list of legally-protected classifications for Equal Opportunity and Harassment/ Discrimination/Retaliation Prevention Policies.
b. Division 3, Section 3013 Criminal Conviction Check: For most job classifications, limit placed on criminal conviction checks to be searched only after a conditional offer of employment is issued.
c. Division 4 Salary and Division 15 Bilingual Incentive Premium Pay: Updated reportable special compensation descriptions to align with CalPERS regulations.
d. Division 7 Sick Leave Policy: Updated California Paid Sick Leave policy to comply with recent statutory changes in California Labor Code Section 245.5, 246, and 246.5;
e. Division 16 Fair Labor Standards Act: Consolidated overtime policies and updated policies for overtime and compensatory time off pay to align with wage and hour regulations.
f. Division 24, Section 24002 Family and Medical Care Leave: Updated the City's Family and Medical Care Leave Policy to comply with California Family Rights Act recent statutory changes, and updated the Family Medical Leave forms to align with policy updates.
g. Division 24, Section 24003(E) Leave for Reproductive Loss: Added new leave of absence policy for reproductive loss leave.
h. Division 24, Section 24005 Bereavement Leave: Updated the City's policy for bereavement leave to comply with California Government Code§ 12945.7; 2 532
i. Division 24, Section 24012 Leave Rights and Accommodations for Victims of Qualifying Acts of Violence and Other Victims of Crime: Added new policy to provide leave for victims of certain crimes to comply with California Government Code Section 12945.8 and Labor Code section 246.5. j. Division 26, Injury and Illness Prevention Program, Division 29 Bloodborne Pathogens, Division 40 Protection from Wildfire Smoke: Updated and established CalOSHA required policies, including policies regarding Heat Illness Prevention Program, Blood Borne Pathogens, and Wildfire Smoke Protection. In addition, the City established participants for the City Safety Committee, which shall be middle management representative from each department, chaired by the representative from the City's fire department. k. Division 27 Reasonable Accommodation and Interactive Process: Expanded the City's Reasonable Accommodation and Interactive Process policy to apply to disability, religion, pregnancy, and crime victims.

I. Division 30 Harassment/Discrimination/Retaliation Prevention: Added new Whistleblower Protection policy.
m. Division 39 Lactation Accommodation: The City added a Lactation Accommodation policy.

3. Added Policies to Support Best Practices in City Operations, including:
a. Division 12 Section 12006 Current SDI/PFL Options: Requires full paid leave integration with State Disability Insurance, noting that this is voluntary only during Family Medical Leave.
b. Division 18 Section 18028 Outside Employment: Added an outside employment approval process to comply with Government Code restrictions. c. Division 22 Section 22012 Supervisor's File: Added a new Supervisor's File policy.
d. Division 28 Drug and Alcohol-Free Workplace and Division 28A Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations:

Division 28 provides reasonable suspicion testing procedures for all employees, pre-employment testing for certain job classes, and random testing for safety sensitive employees; Division 28A covers employees in Department of Transportation Safety Sensitive positions which authorizes random drug and alcohol testing;
e. Division 33 Policy Against Incivility and Bullying in the Workplace: Added a new policy prohibiting incivility and bullying in the workplace. f. Division 41 Mobile Device Acceptable Use Policy: Created new technology policies, including a new Mobile Device Acceptable Use Policy and Social Media and Al Use policy.
3 533

4. The Rules and Summary of Compensation include the following changes with financial impacts:
a. Division 4 Salary, Section 4003(C) Temporary Upgrade Pay: Changed temporary upgrade pay to start the pay period following the beginning of the assignment if the assignment is expected to last 30 days or more. Current policy does not start until employee works out of class for 30 shifts. b. Division 4 Salary, Section 4004(A) Lateral Transfer Incentive Pay: Increased Lateral Police Officer Hiring Incentive from $3,000 to $15,000. c. Division 7 Sick Leave, Section 7009 Sick Leave Reinstatement: Allow sick leave reinstatement if regular employee separates from city employment and reinstates within two years. This is the current practice and will now be codified in the Personnel Rules moving forward. Labor Code section 246 requires sick leave reinstatement if an employee is re-hired within twelve months of separation.
d. Division 24 Leaves of Absence, Section 24009 Personal Uncompensated Leave of Absence: The City will maintain contributions to group health insurances for up to 150 calendar days of unpaid absence. Currently, the City contributes to group health insurances while an employee is on unpaid leave indefinitely.
e. Unrepresented Employee Summary of Compensation: Allow unrepresented, overtime-eligible employees to accumulate and annually cash out 80 hours of Compensatory Time Off. This will provide unrepresented employees with parity with Public Works Miscellaneous Unit.

Pending Council adoption, Staff will post the updated Personnel Rules and Summary of Compensation for Unrepresented Employees on the Human Resources website for employee and public access.

Fiscal Impact:

There is currently sufficient funds in the 2025/2026 budget to cover the costs associated with this update to the Personnel Rules and Establishment of the Summary of Compensation for Unrepresented Employees.

Reviewed by:

Mine~ rector
Attachments:

Resolution
4 534
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AMENDING THE CITY'S

POLICY & PROCEDURES MANUAL
(PERSONNEL RULES) AND ESTABLISHING THE

SUMMARY OF COMPENSATION FOR

UNREPRESENTED EMPLOYEES
WHEREAS, there have been changes to various federal and state laws necessitating updates to the City's Policy & Procedures Manual (Personnel Rules); and WHEREAS, the City of Los Banos Personnel Rules have been comprehensively reviewed by staff and legal counsel and amended to ensure compliance with current laws, regulations, and best practices; and
WHEREAS, in conjunction with the updated Personnel Rules, the City has developed a new document entitled the Summary of Compensation for Unrepresented Employees, which consolidates and formalizes benefits and compensation provisions for unrepresented classifications, ensuring consistency and transparency in City personnel administration; and
WHEREAS, the City has met and conferred with all recognized employee bargaining groups that requested to do so, and all questions and concerns have been addressed and resolved; and
WHEREAS, the City Council of the City of Los Banos has reviewed and examined the proposed revisions to the Personnel Rules and the new Summary of Compensation for Unrepresented Employees; and
WHEREAS, the City Council of the City of Los Banos is desirous of adopting the amended Personnel Rules and Summary of Compensation for Unrepresented Employees; and
WHEREAS, the City Council of the City of Los Banos has been presented with the amended City of Los Banos Personnel Rules attached hereto as Exhibit A; and WHEREAS, the City Council of the City of Los Banos has also been presented with the Summary of Compensation for Unrepresented Employees attached hereto as Exhibit B.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby adopts the amended Personnel Rules and the Summary of Compensation for Unrepresented Employees as presented . 535
BE IT FURTHER RESOLVED that the City Manager, or their designee, is authorized to take any and all necessary actions to implement and administer these documents in accordance with applicable law.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of November, 2025, by Council Member who moved its adoption, which motion was duly seconded by Council Member _ and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
536

EXHIBIT A
LOsBanos
At the Crossroads of California
Policy & Procedures Manual
(Personnel Rules)
537
LOsBanos

ESTABLISHMENT OF CITY PERSONNEL RULES
Adoption: Pursuant to Resolution No. 5385, the City Council of the City of Los Banos does hereby establish and adopt the Rules, Policies, and Procedures set forth in the City of Los Banos, Policy & Procedures Manual.

Amendment: Pursuant to Resolution No. INSERT, the City Council of the City of Los Banos does hereby amends the Rules, Policies, and Procedures set forth in the City of Los Banos. Policy & Procedures Manual.

TABLE OF CONTENTS
Division 1 General ........................................................................................... .......... 1-1 Division 2 City Organization ............................................................................ .......... 2-1 Division 3 Personnel RecruitmenUPromotion .................................................. .......... 3-1 Division 4 Salary Schedule .............. .......................................................................... 4-1 Division 5 Personnel Benefits ...................... .................................................... 5-1 Division 6 Tuition Reimbursement.. ........................................................................... Q-1 Division Z Sick Leave ................................................................................................ 7-1 Division 8 Vacation .................................................................................................... 8-1 Division 9 Catastrophic Leave Donation .................................................................... 9-1 Division 10 Holiday Leave ......................................................................................... 10-1 Division 11 Education lncentive ........................ ......................................................... 11-1 Division 12 State Disability Insurance and Paid Family Leave .................................. 12-1 Division 13 Non-Job Related Temporary Light Duty .................................................. 13-1 Division 14 Workers Compensation Reporting ........... ............................................... 14-1 Division 15 Bilingual Incentive .. ................................................................................. 15-1 Division 16 Fair Labor Standards Act.. .................................................. .................... 16-1 Division 17 Employee Classifications .. ................. ........... ...... .................................... 17-1 Division 18 Rules of Conduct ............................................ ........................................ jj!-1 Division 19 Performance Evaluations ........................................................................ _N-1 Division 20 Disciplinary Actions ................................................................................ . 20-1 Division 21 Employee Grievance ............................................................................... ~ -1 538
Division 22
Division 23
Division 24
Division 25
Division 26
Division 27
Division 28
Division 29
Division 30
Division _ll
Division 32
Division 33
Division 34
Division 35
Division 36
Division 37
Division 38
Division 39
Division 40
Division 41
Personnel Records .......................... .................. .................. .......... ........ . 22-1 Business and Travel Expenses ....................................................... ........ 23-1 Leaves of Absence .. ........................................................... .................... 24-1 Military Service .................................................................................... ... 25-1 Injury and Illness Prevention Program ............... ..................................... 26-1 Reasonable Accommodation and Interactive Process ............................ 27-1 Drug and Alcohol-Free Workplace Abuse ............................................... 28-1 Bloodborne Pathogens ........................................................................... 29-1 Harassment/Discrimination/Retaliation Prevention ................................. 30-1 Management Rights .......................... ...................................................... _ll-1 Policy Against Workplace ViolenceSecurity ............................................ 32-1 Policy Against Incivility and Bullying in the Workplace ................... ......... 33-1 Employee Use of Social Media and Artificial lntelligence ........................ 34-1 Electronic Communications Policy .. ........................................................ 35-1 Electronic Tracking Technology Policy & Acknowledgement.. ................ 36-1 Nepotism and Fraternization Policy ........................................................ 37-1 Smoke Free and Tobacco Free Workplace ............................................ 38-1 Lactation Accommodation ....................................................................... 39-1 Protection from Wildfire Smoke ............................................ ..... ............ .40-1 Mobile Device Acceptable Use Policy ............................................ ... ..... .41-1 Employee Acknowledgement
539
SEC. 1001 INTRODUCTION
DIVISION 1

GENERAL
Updated: 9/6/2023
The purpose of these Rules is to provide a system for personnel selection and management for the City.

SEC. 1002 PERSONS GOVERNED BY THESE PERSONNEL RULES
All employees of the City of Los Banos who fall under the jurisdiction of the City Manager and are not otherwise exempted under Section 1003 are governed by these Rules-:-.:.

Under the jurisdiction of the City Manager means that the City Manager has the authority to hire, fire and discipline these employees, subject to all applicable due process rights found in these Rules. Disciplinary action may be taken against persons governed by these Rules as a result of failure to comply with the provisions of these Rules.

SEC. 1003 PERSONS NOT GOVERNED BY THESE PERSONNEL RULES The City Council and other elected officials, the City Manager, the City Attorney, volunteer§., temporary, per diem, provisional or seasonal employees, employees whose positions are funded under a state or federal employment program, or other employees appointed by and serving directly under the jurisdiction of the City Council, are not governed by these Rules unless otherwise specifically provided for in these Rules.

SEC. 1004 CONTROL OF PERSONS NOT GOVERNED BY THESE PERSONNEL RULES
While not governed by these specific Rules unless otherwise stated, those persons identified in Section 1003, are nonetheless oonsidered to be employees of the City and are th-Hs-subject to all applicable City Policy or Procedure established by the City Council, City Manager, or Department Head for the purpose of exercising management control over their specific function or job classification.

A volunteer is not a City employee, but is instead an individual who provides services to the City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses.

A volunteer serves at-will and at the pleasure of the appointing authority, has no property right in continued service, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

A temporary, per diem, provisional or seasonal employee is an at-will employee who is not appointed from an eligible list, but on a short term or seasonal basis that is not to exceed six (6) months.

General
1-4
540
Updated: ~2-i
A temporary, per diem, provisional or seasonal employee serves at-will, at the p leasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

SEC. 1005 ADMINISTRATION OF PERSONNEL SYSTEM
In accordance with the provisions of Los Banos Municipal Code (LBMC) Chapter 3, Article 1, the City Manager is responsible for administering the City Personnel System. The authority of the City Manager includes the power to appoint, re-assign, discipline, demote, discharge, promote, direct, order, supervise, and manage all City of Los Banos Employees under his/hertheir jurisdiction. In keeping with sound management practices, the City Manager may delegate specific areas of his/hertheir authority to City Department Heads or other specified individuals.

SEC. 1006 ESTABLISHMENT OF DEPARTMENT PERSONNEL RULES
In recognition of the unique concerns of individual Departments, the City Manager hereby delegates authority for establishment of Department Personnel Rules; provided such Rules do not conflict with City Personnel Rules, City Ordinances, or State or Federal Law. After approval by the City Manager, Department Personnel Rules have the same force and effect as City Personnel Rules. City Manager approval is not required for establishment of operational policies and procedures. Except as specifically provided in these Rules, where a conflict exists between City Personnel Rules and Public Safety Department Rules, Public Safety Department Rules will prevail.

SEC. 1007 PERSONNEL POLICY STATEMENT
It is declared policy of the City of Los Banos that the City will not discriminate against any prospective or current employee because of an individual's protected classification. "Protected classification" includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression. age (40 and over), sexual orientation, reproductive health decision-making, military and veteran status. or any other basis protected by law. "Race" includes traits historically associated with race, such as hair texture and protective hairstyles. race, color, ancestry, national origin, citizenship, religious oreed, se:x, gender, se:xual identity, age, physical or mental disability, medical condition, marital status, se:xual orientation, political opinion or affiliation, or any other basis protested bylmv.

It is also the declared policy of the City not to control, direct, or tend to control or direct, the political activities or affiliations of employees. This includes not coercing or influencing, or attempting to coerce or influence. through or by means of threat of discharge or loss in employment that an employee adopt follow, or refrain from adopting or following, a particular course or line of political action or political activity.

General
1-5
541
Updated: 91-6/2023
The City of Los Banos will afford equal employment opportunity to all qualified employees and applicants as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline, and termination.

Employees, volunteers or applicants who believe they have experienced any form of employment discrimination should report this immediately, using the complaint procedure provided in Division 292-G of these Personnel Rules, or by contacting the Equal Employment Opportunity Commission ("EEOC"), or the Civil Rights Department ("CRD").

The tenure of employees governed by these Personnel Rules shall be subject to compliance with these Rules, good behavior, satisfactory performance, necessity for work being performed, and availability of funds.

In order to facilitate reporting of workplace wrongdoing, the City provides several methods, outlined in this Manual. The City has also arranged with an independent third party to provide an Employee Hotline which allows for anonymous reporting of wrongdoing. City Employees may use the toll-free Employee Hotline twenty-four (24) hours a day, seven (7) days a week. Calls made to this line will not be traced. Instructions for using The Employee Hotline are further described in The Employee Hotline Acknowledgement Form (FORM-1-.f.) included in this division.

SEC. 1008 PROSPECTIVE EMPLOYEE DEFINED
Any person who submits a properly completed application for employment with the City of Los Banos, on the form approved by the City Manager, shall be considered a prospective employee.

SEC. 1009 EMPLOYMENT CATEGORIES DEFINED
City of Los Banos employees who are governed by Personnel Rules fall into one of the following Employment Categories:

A. Regular Employees: Full-time Employees who are receiving compensation for serving in a permanent position budgeted for 1000 hours or more during a fiscal year and who also are not temporary employees.

B. Part-time Employees: Temporary Employees (as defined in Section 1009(0) of these Rules) who receive compensation for serving in a position budgeted for less than 1000 hours during a fiscal year. Although the City may choose to hire the Temporary Employee for additional hours over and above the number of hours for which the position is budgeted, this will not change the Temporary Employee's categorization as a Part-time Employee, nor entitle the employee to benefits as described in Division ~ of these Personnel Rules except when such benefits are being provided by the City in accordance with the requirements of a Federal or State Law.

General
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542
C.

Updated: 9/6/2023
Provisional (Contract) Employees: Temporary Employees who receive compensation for performing services specified in an employment contract or agreement reached between the Provisional Employee and the City Manager or his/hertheir designee. Provisional Employees may, depending upon the terms of the contract or agreement, work full-time or part-time.

Temporary Employees: a) do not hold regular status, b) do not serve a probationary period, c) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing, d) are not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves, except when such benefits are being provided by the City in accordance with the requirements of a Federal or State Law, and e) will not exceed 1000 hours per fiscal year. A temporary employee may be either a Part-Time Em lo ee see Section 1009 B or a Provisional Contract Em lo ee see Section 1009 C.

Exempt Employees: Employees who meet one or more of the duties test exemptions from overtime under the Fair Labor Standards Act (FLSA) (e.g. executive, administrative, professional, computer employee) and who are paid on a salary basis, meaning that he or she isthey are compensated in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as required by the City's principles of public accountability for partial-day absences, is FLSA exempt. An FLSA-exempt employee is not entitled to overtime compensation.

FLSA Non-Exempt (Overtime Eligible) Employees: Unless exempted by City designation from the overtime provisions of the Fair Labor Standards Act ("FLSA").

City employees Employees who are entitled to FLSA overtime, regardless of whether paid on a salary or hourly basis.:. are FLSA non e:x:empt, overtime eligible employees.

An employee assigned to an FLSA-exempt position on an acting or temporary basis is not eligible for overtime under the FLSA to the extent the acting or temporary assignment is for the duration of the employee's applicable work period. In which case the employee only remains eligible for overtime if overtime eligibleprovided for in these Rules.

G. At-Will Employees: At-will employees serve at the pleasure of the City Council, City Manager, or appointing authority. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the City. An at-will employee has no property right in continued employment with the City, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal.

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SEC. 1010 EMPLOYMENT LEVELS IDENTIFIED
Employment Levels are determined by the degree of authority and responsibility vested in a specific employee in the areas of Personnel Management and Policy Development and Implementation. All City of Los Banos employees governed by these Personnel Rules fall into one of the following Employment Levels: Management, Supervisory or Staff.

Management Employees: This level is divided into two (2) sub-levels; Managers and Middle Managers:.~
L Managers are those employees who are charged with overall responsibility for administration of the City, or a Department or a Division of the City. Within their assigned -area of responsibility, Managers exercise broad authority over development and implementation of policy and the recruitment, assignment, and discipline of personnel; et
L Middle Managers are those employees, who, acting under authority of Managers, assist with the administration of the City or a Department or Division of the City. Within their assigned area of responsibility, Middle Managers exercise significant influence and have limited authority over development and implementation of policy and their recruitment, assignment, and discipline of personnel.

Supervisory Employees: These employees are charged with the responsibility of insuring that Management policies and directives are promptly and effectively carried out. In keeping with their job responsibilities, a primary function of Supervisory Employees is that of training, directing, and supervising the work of staff employees under their operational command. In general, Supervisory Employees have minimal responsibility for and involvement in the establishment of policies for the City or a Department or Division of the City. Further, their_authority over personnel matters is generally limited to; 1a) assignment of work, ie) critique of work, and ~s) recommending disciplinary action.

Staff Employees: These employees are charged with the actual responsibility for carrying out Management policies and directives. In general, Staff Employees have very minimal responsibility and involvement in the establishment of policies of the City or a Department or Division of the City, or with the recruitment, assignment, or disciplining of personnel.

SEC. 1011 VIOLATION OF PERSONNEL RULES
Violation of City Personnel Rules shall constitute valid grounds for; a) rejection of a prospective employee or b) disciplinary action, up to and including discharge, against a current employee.

SEC. 1012 AMENDMENT OF CITY PERSONNEL RULES
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Upon recommendation by the City Manager and approval by the City Council after meeting and conferring with affected bargaining units when applicable, City Personnel Rules may be deleted, amended or expanded.

SEC. 1013 INTERPRETATION OF PERSONNEL RULES
Except in those specific areas where an appeal to the City Council is permitted, the City Manager shall be the final authority with regard to interpretation of City Personnel Rules.

SEC. 1014 AUTHORITY FOR ENACTMENT OF ADDITIONAL RULES BY

DEPARTMENT HEADS
Department Heads or City Division Heads have the right and responsibility to enact any procedures to deal with matters not specifically covered under the City Personnel Rules.

SEC. 1015 REQUIREMENT TO FOLLOW CHAIN OF COMMAND
All employees of the City of Los Banos shall have a duty to know their supervisor(s) and subordinate(s). All official communications, correspondence or requests, being forwarded to a higher command level within the City structure, shall be approved by, or submitted through, the initiating employee's immediate supervisor, except when specific authorization is granted to by-pass the supervisor as provided in other Divisions of these Rules.

Special Note: The primary purpose of this section is to provide for an efficient, clearly established command structure that cannot be improperly weakened or circumvented through inappropriate bypassing of supervisors by disgruntled employees. The section is not intended, nor shall it be considered to prohibit; a) the upward transmittal of routine correspondence, reports and other such information, b) informational decisions between employees at any level within the City structure, or c) the duty of an employee to answer questions or provide information concerning City business (with or without the knowledge of hislhertheir immediate supervisor) when requested to do so by a higher command authority.

SEC. 1016 LABOR RELATIONS: POLICIES AND PROCEDURES
It is the expressed intent of the City to strengthen merit, and other methods of administering Employer-Employee relations through the establishment of lawful, uniform, and orderly methods of communications between employees, employee organizations, and the City. This area is addressed more extensively in City Council Resolution No. 5384; Employer-Employee Organization Relations.

SEC. 1017 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 General
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the extent of such conflict, the provision of the collective bargaining agreement shall be deemed controlling for employees in the affected bargaining unit.

SEC. 1018 NO CONTRACT CREATED
These Rules do not create any contract of employment, expressed or implied or any rights in the nature of a contract.

SEC. 1019 AT-WILL STATUS OF NEW DEPARTMENT HEADS (MANAGERS) Employees hired into or appointed to a City Department Head (manager) position on or after December 3, 2014 shall be at-will employees as that term is defined in Section 1009 of these Rules and in California law. The City need not state reasons for release of such identified at-will employees, and such employees have no right or expectation to have release or post-release proceedings, hearings or appeals, except persons subject to the Public Safety Officers Procedural Bill of Rights (Gov. Code Section 3300 et seq} and the Firefighter Procedural Bill of Rights (Gov. Code Section 3254). (Gov. Code Section 3250 et seq).,_
Specifically, the Police Chief and Police Commander shall be afforded the protections of subdivision (c) of Section 3304 of the Government Code; and the Fire Chief, Assistant Fire Chief, and Battalion Chief shall be afforded the protections of subdivision (c) of Section 3254 of the Government Code.

The following Department Head (manager) positions are at-will upon hire or promotion into the position on or after December 3, 2014:

Assistant City Manager
Community & Economic Development Director
Finance Director
Fire Chief
Human Resources Director
Parks & Recreation Director
Police Chief
Public Works Director
Public Works Director/City Engineer
No statement, whether oral or written, or conduct may change such at-will status, except a formal resolution of the City Council resolved at a duly held meeting adopting a change to this policy.

Employees serving as City Department Heads (managers) as of December 3, 2014 shall retain their status as "Regular Employees" unless said employees are hired into or appointed to a different Department Head position.

Employees who promote from "Regular" or other employment status with the City to an atwill Department Head position shall sign a notification and acknowledgment that at-will General
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employment is a condition of employment in the employee's new position as a City Department Head.

A City employee who promotes into an at-will Department Head, and is then terminated because of unsatisfactory performance, shall be eligible to return to their former position if the position is vacant at the time the employee is terminated. If the employee's employment status in their former position was that of "Regular Employee," the employee shall return to regular employment status upon return to their former position. If the employee's former position is not vacant when the employee is terminated for unsatisfactory performance, the employee shall not have the right to return to any other position with the City. If a City employee who promotes into an at-will Department Head and is terminated for misconduct, the employee will not be eligible to return to their former position.

SEC. 1020 CONFIDENTIALITY OF EMPLOYEE INFORMATION
In general. the City including the Human Resources Department. Supervisors and Managers of employees are not able to discuss confidential personnel issues concerning an employee with others, including that employee's spouse and other family members. If an employee wishes for
a representative including a family member to receive information about the employee on the employee's behalf, the employee shall sign a written authorization identifying the name of the representative, the information the representative is entitled to receive on behalf of the employee, and the length of time of that authorization is in place. An authorization cannot be longer than one year and an authorization must be current (signed within the past year of the request to receive information) to be valid. (See FORM 1-1 ).

Employees have the duty to notify the City in writing when a written authorization is revoked. Employees understand and agree that the City may disclose information consistent with a current (within one-year old) written authorization unless and until the Employee revokes the authorization in writing and the revocation is received by the Human Resources Department.

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CITY OF LOS BANOS

WRITTEN AUTHORIZATION FOR DESIGNATED REPRESENTATIVE TO RECEIVE

CONFIDENTIAL TIY EMPLOYEE INFORMATION
(FORM 1-1)
In general, the City, including the Human Resources Department and SupeNisors and Managers of employees. is/are not able to discuss confidential personnel issues concerning an employee with others including that employee's spouse and other family members. "Confidential Personnel Issues" includes subjects such as job performance evaluations, health issues, disability accommodation issues. and discipline matters.

If an employee wishes for a representative, including a family member. to receive information about the employee on the employee's behalf, the employee must sign a written authorization identifying the name of the representative, the information the representative is entitled to receive on behalf of the employee, and the length of time of that authorization is in place. An authorization cannot be longer than one year and an authorization must be current (signed within a year of the request for information) to be valid.
************************************************************************ I, [name of employee] hereby authorize
[name of designated representative) to receive and/or
discuss the following confidential personal information about me from the City (describe what information your designated representative may receive or discuss with the City about you. such as iob performance evaluations. health issues, disability accommodation issues, and discipline mattersl:

Effective Dates of Authorization:

My authorization is in effect from [starting date) to
(ending date]. I understand that my signed authorization cannot be General
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for more than one year and that I have a duty to sign a new authorization if I want to extend the authorization for additional time. I also understand that my authorization on file must be current for the City to comply with it and the City cannot release information to my designated representative unless it has a current written authorization on file. A current written authorization is one that has been signed within a year of the request to receive the information.

Right to Revoke Authorization:

I understand that I may revoke my authorization at any time and that I have a duty to notify the City in writing when my authorization is revoked. My revocation will be effective when it is actually received by the Human Resources Director or designee.

I agree to and authorize the above.

Employee Name
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CITY OF LOS BANOS

THE EMPLOYEE HOTLINE ACKNOWLEDGEMENT FORM
(FORM 1-6)
To help you report workplace wrongdoing easily and without fear, the City provides several methods, outlined in this Manual. The City has also arranged with an independent third party to provide an Employee Hotline which allows for anonymous reporting of wrongdoing. City Employees may use the toll-free Employee Hotline twenty-four (24) hours a day, seven (7) days a week. Calls made to this line will not be traced.

It is important, when leaving a message on the Employee Hotline that you provide enough information so that appropriate action can be taken. Tell what has happened, including dates, times and the full names of witnesses. Your report will be kept as confidential as possible and will be treated with the seriousness it deserves. Do not use the Employee Hotline for pranks, jokes or untrue claims.

Instructions for Using the Employee Hotline:

1. Prepare what you want to say.

2. Using a touch-tone phone, dial 1 (800) 813-5990.

Note: If you are calling from a City Centrex line, you must first dial nine (9) to get an outside line.

3. You will be required to give the City's name (and location, if applicable) but you may leave a message without giving your name or identifying yourself in any way.

4. All calls will be handled discreetly and a report will be forwarded, on a confidential basis, to a member of senior management in your organization.

Acknowledgement
The undersigned acknowledges that he or she hasthey have read (or has been read) and understands the information regarding the Employee Hotline including how to use the Employee Hotline.

Signature of Employee
Print Full Name of Employee
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DIVISION 2

CITY ORGANIZATION
SEC. 2001 PURPOSE
The purpose of this Division is to identify the organizational structure of the City.

SEC. 2002 CITY OF LOS BANOS
Incorporated May 8, 1907, Los Banos is a General Law City operating under a CouncilManager form of government.

SEC. 2003 LOS BANOS CITY COUNCIL
The five (5) member Los Banos City Council serves in a role similar to that of a Corporate Board of Directors. Their primary function is the establishment of ordinances and policies that insure lawful and efficient operation of the affairs of the City. City Council membership includes; a) one (1) Mayor, selected by majority vote of the City electorate for a two (2) year term of office, and b) four (4) Council Members, selected by majority vote of the City electorate for a four (4) year term of office. Council/Mayor elections are held on the first Tuesday, after the first Monday in November of even numbered calendar years. After each Council/Mayor election, one of the Council Members is selected, by majority vote of the Council, to serve as Mayor Pro-Tern. The primary duty of the Mayor Pro-Tern is to preside over Council Meetings and other City functions, in the absence of the Mayor.

SEC. 2004 LOS BANOS PLANNING COMMISSION
The seven (7) member Los Banos Planning Commission serves in an advisory role to the Los Banos City Council in planning and building related matters. Members are appointed to two (2) year terms of office by the Mayor, with approval of the City Council. The City Community & Economic Development Director, under the supervision of the City Manager, shall attend all meetings of the Los Banos Planning Commission and shall make such reports to the Commission as required.

SEC. 2005 LOS BANOS PARKS AND RECREATION COMMISSION
The five (5) member Los Banos Parks and Recreation Commission serves in an advisory role to the Los Banos City Council in all matters related to public recreation in the City of Los Banos and in the unincorporated area located within the boundaries of the Los Banos Unified School District. Four (4) members of the Commission are appointed to a two (2) year term of office by the Mayor, with approval of the City Council. One ( 1) of the members of the Commission is recommended to the Mayor by the Los Banos Unified School District Board of Education. The City Public Works Director/City Engineer, under the supervision of the City Manager, shall attend all meetings of the Los Banos Parks and Recreation Commission and shall make such reports to the Commission as required.

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SEC. 2006 LOS BANOS AIRPORT ADVISORY COMMISSION
The five (5) member Los Banos Airport Advisory Commission serves in an advisory role to the Los Banos City Council in Airport related matters. Members are appointed to a two (2) year term of office by the Mayor, with approval of the City Council. The City Public Works Director/City Engineer, under the supervision of the City Manager, shall attend all meetings of the Los Banos Airport Advisory Commission and shall make such reports to the Commission as required.

SEC. 2007 LOS BANOS TREE COMMISSION
The five (5) member Los Banos Tree Commission serves in an advisory capacity to the Public Works Department and was formed as part of the City's commitment to being a Tree City, USA. The Commission makes recommendations on the planting and maintenance of trees. It also provides recommendations regarding the present and future needs of the City in connection with trees in public spaces, commercial locations, and residential areas. The City Public Works Director/City Engineer, under the supervision of the City Manager, shall attend all meetings of the Los Banos Tree Commission and shall make such reports to the Commission as required.

SEC. 2008 LOS BANOS TRAFFIC SAFETY COMMITTEE
This Committee has the duty of initiating or reviewing all proposals or requests for establishment, modification, elimination, or removal of all traffic control signs, signals, markings, speed zones, prohibited or restricted parking zones, or other such related matters, which fall under the lawful discretionary control of the City. Members include representatives from the Public Works Department, Community & Economic Development Department, Police Department, Fire Department and Planning Commission.

SEC. 2009 ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
The seven (7) member Los Banos Economic Development Advisory Committee (EDAC) assists the Los Banos Community & Economic Development Department in an advisory capacity. Members are appointed to a t\¥0 (2) year term of office by the Mayor, with approval of the City Council. Four (4) of the members shall be at large members, One (1) of the members shall be the Executive Director of the Los Banos Chamber of Commerce as an ex officio member, and the remaining tv10 (2) members shall be City Council Members recommended to the City Council by the Mayor. The City Community Development Director, under the supervision of the City Manager, shall attend all meetings of the Los Banos Economic Development Advisory Committee and shall make such reports to the commission as required.

SEC. 20094-0 CITY CLERK
It is the duty of the City Clerk to assist the City Manager with the administration of affairs of the City dealing with certain record keeping requirements. Specifically, the City Clerk is charged with the responsibility of recording, maintaining, and publishing records of City City Organization
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Council actions. The City Clerk is also the Elections Official and Political Reform Filing Officer. The Los Banos City Clerk is selected by majority vote of the City electorate for a four (4) year term of office.

SEC. 201 4Q CITY TREASURER
It is the duty of the City Treasurer to assist the City Manager with administration of affairs of the City dealing with finance. Specifically, the City Treasurer is charged with the responsibility of receiving and safeguarding City funds, in accordance with City ordinances and operating policies. The Los Banos City Treasurer is selected by majority vote of the City electorate to a four (4) year term of office.

SEC. 201 1~ CITY ATTORNEY
It is the duty of the City Attorney to assist the City Manager with administration of affairs of the City dealing with legal issues. Specifically, the City Attorney acts as Counsel and legal advisor to the City Council, City Manager and other City staff, on all issues involving official City business. The City Attorney is appointed by and serves at the pleasure of the City Council.

SEC. 201ii CITY MANAGER
Under the direction and control of the City Council, the City Manager serves as the administrative head of the City. The City Manager is appointed by and serves at the pleasure of the City Council.

SEC. 201~4 ASSISTANT CITY MANAGER
An Assistant City Manager may serve as an administrative assistant to the City Manager and in the absence of the City Manager. He/sheThey may assume administrative control over City operations. The Assistant City Manager is appointed by the City Manager, subject to approval by the City Council.

SEC. 201~a HUMAN RESOURCES DEPARTMENT
The Human Resources Department is responsible for facilitating and maintaining employee/employer relations, labor relations, recruitment, training, and payroll processing and reporting. The Human Resources Director is the administrative head of the department. He/she is They are appointed by and reports to the City Manager.

SEC. 201 §e FINANCE DEPARTMENT AND INFORMATION TECHNOLOGY The Finance Department is charged with advising/handling all financial matters of the City.

The Finance Director is the administrative head of the department. Helshe isThey are appointed by and reports to the City Manager.

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The Finance Director oversees Information Technology staff which support and maintains the City's information technology hardware, software, and communications infrastructure for all City departments. In addition, IT staff maintains local Channel 96 programming, including City Council and School Board meetings, as well as the City's Web site.

SEC. 201.§7 POLICE DEPARTMENT
The Police Chief is in operational command of the Police Department, Code Enforcement and the Animal Control Division. He/sheThey are-is appointed by and reports to the City Manager.

SEC. 201I8 FIRE DEPARTMENT
The Fire Chief serves in operational command of the Fire Department. His/herTheir responsibilities include Fire Prevention and Fire Suppression. In the area of Fire Suppression he/shethey serves as Chief of the Volunteer Fire Department. He/sheThey are-$ appointed by and reports to the City Manager. The Fire Chief also serves as the ChietBuilding Official of the Building Department.

SEC. 201 §9 BUILDING DEPARTMENT
The Los Banos Building Department provides services to assure that the buildings constructed in the City of Los Banos are built to the standards of the current Building Standards as defined in the building codes and construction standards adopted by the City of Los Banos.

SEC. 20192-0PUBLIC WORKS DEPARTMENT
The Public Works Department provides services in ten (1 0)the following main operational areas; streets, facilities. parks, recreation, solid waste, airport, water, wastewater, fleet management, storm drainage, and engineering. The Public Works Director/City Engineer is the administrative head of the Department. He/she They are---IB appointed by and reports to the City Manager.

SEC. 202Q4 COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
The Community & Economic Development Department is charged with advising/handling all issues related to Planning and Economic Development in Los Banos. The Community & Economic Development Director serves as administrative head of the Department. He/she is-They are appointed by and reports to the City Manager.

SEC. 2021 PARKS & RECREATION DEPARTMENT
The Parks & Recreation Department provides a range of recreation and sports programs, manages the Los Banos Community Center and other facilities, hosts special events and activities, oversees construction and maintenance of parks and recreation facilities, and is City Organization
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involved in long-term planning for the City's park system. The Parks & Recreation Director is the administrative head of the Department. They are appointed by and reports to the City Manager.

SEC. 2022 INFORMATION TECHNOLOGY {IT) DEPARTMENT
The IT department supports and maintains the City's information technology hardv,are, software, and communications infrastructure for all City departments. In addition, IT maintains local Channel 96 programming, including City Council and School Board meetings, as well as the City's VVeb site. The IT Director is the administratii.<e head of the department. He/sheis appointed by and reports to the City Manager.

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DIVISION 3

PERSONNEL RECRUITMENT/PROMOTION
SEC. 3001 INTRODUCTION
The purpose of this Division is to identify City policy with regard to personnel recruitment and promotion.

SEC. 3002 RECRUITMENT/PROMOTION GOALS
It is the expressed desire of the City to Recruit/Promote the most suitable and qualified candidate available for the job opening being filled.

SEC. 3003 RECRUITMENT FOR REGULAR, PART-TIME AND PROVISIONAL

POSITIONS
Recruitment to fill Regular, Part-time and Provisional positions (entry level and promotional) shall be handled by one of the following methods:

A. Open Recruitment: Applications shall be accepted from all qualified persons; including City Employees serving in other job classifications and Volunteer positions.

B. Closed Recruitment: Applications are only accepted from qualified persons who are currently employed by the City in other job classifications, excluding Volunteers.

Closed recruitment may be restricted to; a) persons then employed by the recruiting Department, b) Regular Employees only, or c) opened City-wide to all qualified Regular, Part-time or Provisional Employees.

C. Reinstatement of Former Employees: At the discretion of the appointing authority, persons who resigned from the City in good standing may be reinstated to the job classification previously held without the requirement of competitive testing; provided that reinstatement occurs no later than two (2) years from the date of their resignation. When a former employee is re-employed, his/hertheir seniority status with the City (for purposes of vacation, sick leave, etc.) shall be computed from the date of reinstatement. which shall be the new anniversary date. The employee will be required to serve a new probationary period. - Additionally, such employee shall be paid at the same salary range and ste • • • held at the time of resi nation or se aration=<::tt-VA regular employee who separates and is rehired within two years (24 months) from separation will have their prior, accrued and unused sick leave reinstated. A part-time, probationary. provisional or temporary employee who separates and is rehired within one year (12 months) from separation will have their prior, accrued and unused sick leave reinstated.

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Special Note: Former employees do not have a vested right to reinstatement. The decision to reinstate rests solely with the appointing authority-:

D. City Council Appointment: Recruitment and appointment to the following top management positions shall be handled in accordance with the guidelines established or approved by a simple majority of the Los Banos City Council-;-~ fil._ City Manager~ and
b) Assistant City ManagerCity Attorney .
.g.,. Competitive testing or recruitment may not be required for the positions specified.

Additionally, the same process may be used in recruitment and appointment to any newly established top management positions that may be created at some future date.

SEC. 3004 JOB ANNOUNCEMENT
The Human Resources Director will prepare a job announcement to announce a proposed recruitment. The announcement may be posted on the City's website and other locations the Human Resources Director deems appropriate, depending upon whether the recruitment is open to the public or current employees only.

The announcement will include the following:

The title and pay scale for the position;
The nature of the work to be performed and essential job duties of the position; The minimum qualifications. including whether the job is a promotional position; A statement of the employment status of the position - for cause or at-will:

The last date that the Human Resources Director will accept applications, if any; The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment; and
Such other information as determined in the discretion of the Human Resources Director.

SEC. 3005 ADVERTISEMENT OF JOB OPENINGS
The recruiting authority is responsible for proper advertisement of job openings.

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A Open Recruitment Advertisement shall include:

1. A minimum of two (2) separate days of paki-online advertisement in a bona fide -newspaper of local distribution;

2. 'Nritten notification of the opening to the local California Employment De'Jelopment Department (EDD);
3-:~Posting of the job opening on the City Hall Bulletin Board located in the main lobby; and
4,.L_Posting of the job opening on the City's website an informational bulletin board (open to all employees) in the building occupied by the recruiting authority.

B. Closed Recruitment Advertisement shall include:

1. Posting of the job opening on the City's websiteflyer on an informational bulletin board (open to all employees) in the building occupied by the recruiting authority;_;_ and

2. Posting of a job flyer on the internal bulletin board located in the mailroom at City Hall.

Outreach and Recruitment of Minorities, Women, and Economically Disadvantaged Individuals
Pursuant to Government Code section 7400, the City's outreach and recruitment programs may include, as a component of general recruitment, focused outreach and recruitment of minorities, women, and economically disadvantaged individuals if any such group is underrepresented in an entry-level position. Such focused outreach and recruitment includes, but is not limited to, the following:

1. Advertising in general circulation newspapers, general circulation publications, and general market radio and television stations. including electronic media:

2. Advertising in local and regional community newspapers:

3. Advertising in newspapers, publications, and radio and television stations that provide information in languages other than English and whose primary audiences are residents of minority and low-income communities;

4. Advertising in publications, including electronic media, that are distributed to the general market and to newspapers, publications, and radio and television stations whose primary audience is comprised of minority groups or women; and

5. Recruitment booths at job fairs or conferences oriented to both the general market and the economically disadvantaged, as well as those events drawing a significant participation by minorities or women.

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SEC. 3006 DISQUALIFICATION OF JOB APPLICANTS JOB APPLICATIONS Job applications must be made on forms provided by the Human Resources Director or designee. All applications must be completed in full and signed by the person applying.

The Human Resources Department will not process any application which is not fully completed and signed.

SEC. 3007 DISQUALIFICATION OF JOB APPLICANTS
The Human Resources Director or designee may reject an application, or after examination, may disqualify or remove the applicant's name from an eligible list..._~!f the applicant:

Is found to lack any of the minimum requirements, certifications, or qualifications for the position involved;
The application is not properly completed, is incomplete, or is received after the application deadline;
After a conditional offer of em lo ment is made and after en a in in the interactive rocess is determined to be -ls-physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation if disabled;
Is a current user of illegal drugs;
Has a conviction of a crime, either a felony or misdemeanor that relates to the position duties that the applicant would perform; however, the City will not inquire into or consider the conviction history of the applicant, including any inquiry about conviction history on any employment application, until after the City has made a conditional offer of employment to the applicant. unless the City is required by law to conduct a criminal background check for the position being filled .

Provides false or misleading statements of a material fact, or deception or fraud, in connection with the application, declarations or in securing eligibility or appointment; Fails to provide the City with all material and documentation requested in the job announcement by the specified due date;
Fails to provide any supplemental material or documentation requested by the City; verbally or in written form by the specified due date;
Fails to report for a scheduled interview or examination; Uses or attempt to use political pressure or bribery to secure an advantage in the examination or appointment;
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J. Inappropriately acquires information pertaining to examinations; K. Has a suspension or revocation of privilege to operate a motor vehicle in the State of California, if driving is job related; or
L. Other material cause which in the judgment of the Human Resources Director or designee would render the applicant unsuitable for the position, including a prior resignation from the City, termination from the City, or a significant d isciplinary action.

Specific departments may have additional reasons for disqualification of an applicant.

Defective applications may be returned to the applicant with notice to amend and re-file, provided that the time limit for receiving applications has not expired. Whenever an application is rejected, notice of such rejection shall be mailed delivered to the applicant by the Human Resources Director or designee.

SEC. 30Q~ij RECRUITMENT EXAMINATION
All individuals interested in employment with the City of Los Banos may participate in a testing process to indicate basic general knowledge or specific skill levels related to particular job classifications. It shall be the responsibility of individual Department Heads to develop and implement written guidelines for recruitment/promotions within their organizations.

The recruitment/promotional examination or selection process to be used; shall:

C.
a) be Be designed to be fair and equal to all eligible candidates, b) meet Meet requirements of current City Rules, Regulations, and Ordinances, State and Federal Laws, and
st be-Be approved by the Human Resources Director in advance of testing.

The Human Resources Director or designee will determine the manner and methods of administering recruitment/promotional examinations. Examinations may consist of: written tests; oral tests; performance tests: evaluations of prior training and performance, experience and/or education; interviews; working style assessments: practical exercises:
file review; or any combination thereof. The content of all examinations will be job-related and designed to test knowledge, skills or abilities that help predict successful completion of job duties.

The content of all examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination.

An applicant with a disability may request accommodation in an examination process.

Following receipt of a request for accommodation, the Human Resources Director may Personnel Recruitment/Promotion
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require additional information. such as reasonable documentation of the existence of a disability. (2 Cal. Code Regs. § 11069(c)(2).)
Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check.

SEC. 300~8 SCORING AND QUALIFYING
Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination. A candidate's final score in a given examination will be the average of the scores on each competitive part of the examination on which the applicant qualified, weighted as shown in the examination announcement.

SEC. 3010 NOTIFICATION OF TESTING RES UL TS
All candidates who competed in an examination/selection process for employment with the City of Los Banos shall be given an e-mail written notice of the results. Such notice shall be limited to advising the candidate he/shethey "passed" or "failed" a specific part or all of the process. Specific numerical scores or standing on eligibility lists need not be provided to candidates.

SEC. 301109ESTABLISHMENT OF ELIGIBILITY LISTS
Candidates who successfully competed in a Review/Examination Process may, in accordance with established selection guidelines, be placed on an eligibility list.

Notwithstanding any other provision of these Rules, if there are less than two (2) names on an eligibility list, the Human Resources Director or designee may declare such list void and fill the position(s) by any method permitted by these Personnel Rules, including, but not limited to, undertaking new recruiting and testing procedures.

Eligibility lists will become effective upon the certification by the Human Resources Director or designee. Eligibility lists remain in effect for one (1) year, unless the Human Resources Director or designee abolishes the list, the list is exhausted or extended by the Human Resources Director or designee. The eligibility lists for classes for which there is continuous recruitment may remain in effect indefinitely. If this procedure is employed, the applicant may be considered (but not guaranteed) for employment without repeating the testing process, if a vacancy occurs in the job category previously tested. The Human Resources Director or designee may abolish or extend the list at any time prior to the expiration of the list if he/shethey determines that it is in the best interest of the City to do so.

SEC. 301 2,4 REMOVAL OF NAME
Personnel RecruitmenUPromotion
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The name of any person appearing on an eligible list will be removed by the Human Resources Director or designee if the eligible so requests in writing, or fails to respond to a notification of an opening from the Human Resources Director or designee. It will be the responsibility of the eligible to keep the Human Resources Department informed of their current address and telephone number.

SEC. 3013 CRIMINAL CONVICTION CHECK
After the City makes a conditional offer of employment. the Human Resources Director or designee may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old. or convictions that have been judicially sealed , eradicated, or expunged. Unless required by law. the City will not deny employment to any applicant solely because they have been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This Policy does not apply to applicants for jobs at the Police Department or those otherwise required by state or federal law to undergo a criminal background check.

SEC. 30140-7APPOINTMENT OF CANDIDATE(S)
The Appointing Authority may select any one of the qualified candidates who successfully completed the prescribed Testing/Review Process without regard to their numerical ranking. Such selection (for both entry level as well as promotional positions) must however. comply with State and Federal Law, City Policy, and established selection procedure.

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

Appointment to a City position is contingent upon the applicant's ability to perform the essential functions of the job, with or without reasonable accommodation. After a conditional offer of employment is made, an applicant with a qualifying disability may request reasonable accommodation, and the City and applicant shall engage in the interactive process to determine if such reasonable accommodation is available.

Special Note: In the event the appointing authority determines that none of the applicants who competed for the job opening are qualified or suitable he/shethey need not fill the position at this time. In these cases'- the original selection process shall be declared closed without appointment and a new selection process will be commenced.

SEC. 301.§2 TYPE OF APPOINTMENTS
Vacancies may be filled by re-employment, promotion, transfer, demotion, appointment of hourly employees, or from the appropriate eligible list, if available. No specific list shall Personnel Recruitment/Promotion
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Updated: March 7, 2012
have priority over other lists. The Human Resources Director or designee will decide in what manner the vacancy is to be filled.

SEC. 301 J§ APPOINTMENTS
With limited exce tions, the Human Resources Director or designee will make all appointments . When a position is to be
filled from a promotional or open eligible list, the Human Resources Director or designee will choose from the specified list one of the top candidates on the eligible list. If no person among the top candidates indicates a willingness to accept the appointment, the Human Resources Director or designee may make the appointment from among the remaining names on the eligible list, may request a new examination and establish a new eligible list, or may fill the position by any other method authorized by these Personnel Rules.

8. Veterans will receive preference over identically qualified applicants. (Gov. Code § 50088.)
Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made. As such, the effective date of the initial or promotional appointment will be determined solely by the Human Resources Director, subject to completion of the conditions of the offer. -8-:.Q.,__ The person accepting appointment must report to the Human Resources Director or designee on the date designated by the Human Resources Director or designee; otherwise, the applicant will be deemed to have declined the appointment.

SEC. 301 4Z PROBATIONARY PERIOD AFTER APPOINTMENT TO CITY

EMPLOYMENT
Regardless of job classification, all newly appointed employees shall serve a twelve (12) month (2,080 hours) probationary period of actual and continuous service. The probationary period is automatically extended by the length of any authorized leave(s) of absence of one work week or more.

The purpose of this probationary period is to provide the appointing authority with a reasonable period of time to properly evaluate the new employee's ability to effectively perform his/hertheir assigned duties. The probationary period is part of the selection process. SpecificallyJ. the appointing authority will be closely evaluating a) the employee's ability to promptly learn and/or perform technical tasks required of the job, b) the employee's ability to work effectively and harmoniously with co-workers, superiors, and the public, and c) the employee's ability to properly respond to supervision.

At any time during this twelve (12) month probationary period which shall consist of 2,080 hours of actual and continuous service, the employee's employment with the City of Los Banos may be terminated without cause the right of appeal, grievance or hearing. The Personnel RecruitmenUPromotion
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City Manager or designee must approve the termination. The probationary employee shall be notified prior to the expiration of the probationary period that he or she hasthey have been rejected for regular appointment.

Exception: Part-time, Provisional (Contract) Employees, At-Will Employees. and Volunteers do not serve a probationary period. Part-time Employees, At-Will Employees. and Volunteers serve at the pleasure of the appointing authority and may be terminated from employment without cause at any time. Provisional Employees are governed by the employment termination provisions outlined in their contract or agreement with the City.

No probationary employee will receive a regular appointment without a written recommendation from the Department Head. If the recommendation is not filed, the probationary employee shall be notified prior to the expiration of the probationary period that he or she hasthey have been rejected for regular appointment.

SEC. 301 a~ PROBATIONARY PERIOD AFTER PROMOTION
Whenever a Regular Employee receives a permanent promotion to a higher rank or position, he/shethey shall serve a probationary period of twelve (12) months (2,080 hours), of actual and continuous service. Periods of time on paid or unpaid leave of one (1) work week or more shall automatically extend the probationary period by the number of days the employee is on leave. The purpose of this probationary period is to provide the appointing authority with a reasonable period of time in which to evaluate the ability of the employee to effectively perform the duties required of the new position. Specifically, the appointing authority will be closely evaluating; a) the employee's ability to promptly learn and/or perform the technical tasks required of the new position, b) the employee's ability to work effectively and harmoniously with co-workers, superiors, subordinates, and the public, c) the employee's ability to properly manage or supervise personnel under his/hertheir command, and d) the employees ability to properly respond to supervision.

An employee does not acquire regular status in the promotional position until successful completion of this probationary period. If the employee fails to satisfactorily complete the probationary period in the promotional position, the employee will be entitled to return to the position held prior to promotion at the range and step previously held if the employee is not subject to termination for disciplinary reasons. The employee is not entitled to notice or a hearing if rejected during probation.

Personnel Recruitment/Promotion
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DIVISION 4
SALARY
Updated: December 15, 2021
SEC. 4001 INTRODUCTION
The purpose of this Division is to establish general provisions relating to salary and compensation for employee classifications in the City.

SEC. 4002 GENERAL COMMENTS
A Merit/Performance Increases: Certain employee classifications provide for salary ranges of up to six (6) steps. Advancement from an employee's current salary to a higher step or portion thereof is based on overall job performance and is considered a Merit/Performance Increase.

Employees are eligible for Merit/Performance Increases only under the following conditions: a) the employee has fulfilled the necessary time requirements for advancement to a higher salary step or portion thereof, and b) the employee's overall job performance is considered, by the reviewing authority, to be satisfactory or higher.

For purposes of Merit/Performance Increase effective dates, the rule will be as follows: If an employee is hired between the 1st and 16th of the month their anniversary date will be the 1st, and if hired between the 16th and end of the month their anniversary date will be the 16th . Merit/Performance Increases become effective immediately following the date of approval and retroactive to the employee's anniversary date (1 st or 16th).

B. Starting Compensation for Unspecified Full and Part Time Employees: Full and Part-time employees shall be compensated at the hourly or monthly rate of the starting step of the job classification being filled unless otherwise authorized by the City Manager. ; except for those part time positions specifically addressed in this Division who shall be compensated in the manner specified.

C. Supplemental Compensation: In addition to the base salary entitlement, certain employee classifications may also receive monthly or yearly compensation for educational or training accomplishments and/or while serving in a special assignment. The specific conditions and compensation amounts are set forth in .Qi!Y labor agreements and the Summary of Compensation and Terms of Employment for Unrepresented Employees.Division 5 Personnel Benefits of this Manual.

D. Position Approved but Not Funded: When "O" appears under "Authorized", the position is approved but not funded. Such positions cannot be filled unless specific approval for funding is authorized by City Council.

Salary
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Updated: December 15, 2021
SEC. 4003 WORKING OUTSIDE OF JOB CLASSIFICATION AND TEMPORARY

APPOINTMENT TO HIGHER RANK OR POSITION
A
B.

Overview - Working Outside One's Job Classification:

Employees shall not be required to perform duties incompatible with those prescribed for their specific Job Classification. except:-;- a) when deemed necessary to deal with an emergency or crisis situation: b) when temporarily appointed to an acting capacity at a higher rank or position.

Special Note: While the description of duties contained in employee Job Descriptions provide a basic understanding of required duties. this should not be considered as all inclusive. Although not specifically mentioned, any operation. task. or function that is significantly similar to the duties set forth in a Job Description and in conformance with industry standards shall be considered compatible with such Job Classification.

Temporary Appointment to Higher Rank or Position:

When a temporary vacancy occurs in a key job classification. due to the excused or unexcused absence of the employee holding the position or as a result of the resignation, retirement or termination of the employee who had held the position, a temporary appointment may be made for a lower ranking employee to fill the position as follows:

1. If the temporary vacancy is in a Department. the Department Head may make the temporary appointment after consultation with the Human Resources Director and the concurrence of the City Manager:

2. If the temporary vacancy is a Department Head, the City Manager may make the temporary appointment in consultation with the Human Resources Director:

3. If the temporary vacancy is the City Manager. the City Council may make the temporary appointment.

The temporary appointment may be made at the sole discretion of the appointing authority without the necessity of competitive testing. d he first d ollowin
the beginning of the assignment. For the purpose of Government Code section 20480, when assigned to temporarily fill a vacant position during recruitment for Salary
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D.

Updated: December 15, 2021
a permanent appointment. an out-of-class appointment shall not exceed a total of nine hundred sixty (960) hours in a fiscal year.

2. An em lo ee must be assumin substantial! the full ran e of duties and res onsibilities of the hi her-level osition. a is not
authorized, for example. if the organization of a work unit is such that each unit employee carries on his normal duties during the temporary absence of a supervisor. without a need for the direction which the supervisor would provide on a longer-term basis.

3. The e • • intment or out-of-cla • •
temporary rank being held for all of the time spent in this capacity. The higher acting salary will commence the first day that the employee assumes the acting role. For administrative ease. all efforts will be made for the employee to assume the acting role on the first day of the pay period.

4. In the event the employee is required to assume the acting role on any day other than the first day of the pay period. a one-time payment adjustment will be made in the first paycheck following appointment so that the employee is compensated at the higher salary for all time worked in the acting role in that pay period. For example. if the employee starts the acting role on the 5th of the month, the employee will receive salary for the first pay period of that month at their usual rate plus a one-time lump sum adjustment to compensate the employee for the time worked during that pay period in the higher acting capacity.

5. In the event of overlapping salary ranges (where the salary that an employee is currently at is the same or less than the starting salary of the out-of-class position), a one-step differential shall be paid for out-of-class assignments. except that the employee's salary may not exceed the top step of the range.

The higher rate of pay shall be used in computing overtime when authorized overtime is served in a non-exempt. out-of-class work assignment. The overtime rate shall be the rate established by the overtime regulations that apply to the higher class.

6. Time worked in a higher class shall not earn credits toward the completion of probationary requirements in the higher class.

Out-of-Class Administrative Leave for Middle Management Employees in Management Temporary Assignments:

Middle Management Employees who qualify for - pay (see
Section 4003.C above) and who are assigned to a management-level temporary assignment are entitled to receive the management-level administrative leave Salary
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Updated: December 15, 2021
during their time serving in the acting assignment. The administrative leave will be pro-rated based upon the time served in the acting assignment.

SEC. 3016 TEMPORARY APPOINTMENT TO HIGHER RANK OR POSITION VVhen a temporary vacancy occurs in a key job classification, due to the excused absence of the employee holding the position or as a result of the resignation, retirement or termination of the employee 'Nho had held the position, a Department Head (with concurrence of the City Manager and Human Resources Director), the City Manager or if the position is that of a Department Head, or the City Council if the position is that of the City Manager, may temporarily appoint a lower ranking employee to fill the position. Such appointment may be made at the sole discretion of the appointing authority without the necessity of competitive testing.

Employees who have served f.or a consecutive period of thirty (30) regular 1 .•1orking shifts in
an acting capacity at a higher rank, shall be entitled to receive the beginning step salary of the temporary rank being held f.or all future time spent in this capacity; commencing with the first day of the calendar month f.ollowing completion of the thirty (30) consecutive calendar day period and continuing until the employee is officially returned to his/her permanent position.

SEC. 50074004
ONLY

BENEFITS PROVIDED TO POLICE DEPARTMENT EMPLOYEES
A. Lateral Transfer Incentive Pay
L Effective September 18, 2002DATE, the City Council established Lateral Transfer Incentive Pay not to mcceed $3,000.00. for the sole purpose of attracting qualified. lateral police officer candidates to work for the City. lateral Police Officers who have already completed the requirements and attained a Basic POST Professional Peace Officer Certificate in California (i.e., an individual currently employed as a full-time 830.1 peace officer appointed to an eligible POST participating agency who has satisfactorily completed (a) the Basic Course requirement. and (b) an employing agency's probationary period of not less than 12 months). who are hired by the City are eligible to receive up to fifteen thousand dollars ($15,000) as a hiring incentive. paid as follows:
~ A lump sum hiring incentive of five thousand dollars ($5,000) will be paid the first pay period following successful completion, as determined by the Police Chief or designee. of one (1) month of actual work as a Los Banos Police Officer;
b. A lump sum hiring incentive of five thousand dollars ($5,000) will be paid the first pay period following successful completion. as determined by the Police Chief or desiqnee. of the Los Banos Police Officer field training program: and Salary
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Updated: December 15, 2021
c. A lump sum hiring incentive of five thousand dollars ($5,000) will be paid the first pay period following successful completion, as determined by the Police Chief or designee, of the probationary period for a Los Banos Police Officer.

The Police Chief will ha>1e authority 'l.'ith concurrence of the City Manager to ofmr the pay incentive to lateral transfer police officer. This offer may vary based on the previous e:xperience of the applicant. This incentive pay could also be used to pay for a police academy loan or relocation costs.

The Police Chief shall provide written notification to the Human Resources Director and City Manager when a Police Officer is to receive the Lateral Transfer Incentive Pay,-
Salary
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DIVISION 5

PERSONNEL BENEFITS
Updated: June 17, 2015
Personnel Benefits have been moved to a separate document entitled the "Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees" on the City's Human Resources website.

SEC. 5001 INTRODUCTION
The purpose of this Division is to identify the Employee Fringe Benefits Paokage as established by City Counoil Resolution.

SEC. 5002 FRINGE BENEFITS DEFINED
As used in this Division the term "Fringe Benefits" shall be oonstrued to mean those speoified rights, privileges, and payments provided by the City to an entitled employee as supplemental oompensation above their base salary.

SEC. 5003 ENTITLED EMPLOYEES DEFINED
For the purposes of this Division, the term "Entitled Employee" refers to those persons who are employed in Regular (full time) oapaoity ·.vith the City of Los Banos. Part time, Provisional, and Volunteer Employees shall not be entitled to Fringe Benefit Compensation, exoept when suoh benefits are being pro•,ided by the City in aooordanoe with: a) the requirements of a Federal or State Law, b) a ·.vritten oontraotual agreement apprm.1ed by the City, or o) a Memorandum of Understanding (MOU) between a specifio employee or employee group and the City.

SEC. 5004 ESTABLISHMENT OF FRINGE BENEFITS
The Fringe Benefit Paokage for entitled employees is established by City Council Resolution for eaoh fiscal year (July 1 June 30) of the City.

SEC. 5005 BENEFITS PROVIDED TO ALL UNREPRESENTED REGULAR

EMPLOYEES
A Medical Insurance Benefits
The City will oontract with the California Publio Employees Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits.

The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance ·.viii be equal to the minimum monthly employer oontribution required under the Public Employees' Medioal and Hospital Care Act (PEMHCA).

B. Cafeteria Plan
Personnel Benefits
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Updated: June 17, 2015
The City 1Nill maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees 1Nith access to various health and \•1elfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, medical, dental, vision, and life insurance benefits.

1. Employees hired before April 1, 2010, and not represented by a City recognized bargaining unit:

The City will provide on a monthly basis, a Cafeteria Plan Allowance in the amount of:
a. The employee's (and dependent, if applicable) health care premium, up to a maximum of the amount of the Blue Shield Access HMO premium for the employee's selected level of coverage;
b. Minus the PEMHCA contribution specified in Section 5005A; c. Plus the premium for enrollment in the City's life insurance (coverage up to $50,000), dental insurance and vision insurance plans, up to a maximum of $85.00 per month.

2. Employees hired on or after April 1, 2010, and not represented by a City recognized bargaining unit:

The City will provide, on a monthly basis, a Cafeteria Plan Allowance, based on the employee's level of health care calculated to cover the following:
• Emplo'{ee Onl'{: One hundred percent (100%) of the premium for employee only coverage for the plan selected by the employee, up to 100% of the premium for employee only coverage in the Blue Shield Access HMO plan; minus the PEMHCA minimum employer contribution for health insurance; plus the premiums for enrollment in the City's life insurance (co1 1erage up to $50,000),
dental insurance and vision insurance plans, up to a maximum of $85.00 per month.
• Emplo'{ee Plus One: Ninety percent (90%) of the premium for employee only coverage for the plan selected by the employee, up to 90% of the premium for employee only overage in the Blue Shield Access HMO plan; minus the PEMHCA minimum employer contribution for health insurance; plus the premiums for enrollment in the City's life insurance (coverage up to $50,000), dental insurance and vision insurance plans, up to a maximum of $85.00 per month.
• Employee Plus Family: Eighty percent (80%) of the premium for employee only coverage for the plan selected by the employee, up to 80% of the premium for Personnel Benefits
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Updated: June 17, 2015
employee only coi.ierage in the Blue Shield Access HMO premium; minus the PEMHCA minimum employer contribution f.or health insurance; plus the premiums f.or enrollment in the City's life insurance (co>1erage up to $50,000), dental insurance and >1ision insurance plans, up to a maximum of $85.00 per month.

3. Employee enrollment in the City provided life insurance plan and City provided dental and vision plans is mandatory.

4. Any increase to minimum monthly employer contribution under PEMHCA •.viii result in a corresponding decrease in the employee's Cafeteria Plan Allm~,ance.

5. Employees who opt out of participating in the group medical plans sponsored by the City, and •.vho provide proof of their medical coverage in a group plan, will receii.ie a Cafeteria Plan Allo•Nance of $485 per month, of •Nhich part must be used to enroll in mandatory life insurance, dental insurance and i.iision insurance coi.ierage.

6. Dental and Vision Insurance: The City will contribute to the employee's Cafeteria Plan Allowance (as indicated above in Cafeteria Plan Allowance description).

7. Life Insurance: The City will pay the full premium cost f.or $50,000 co¥erage in City appro\<ed Life Insurance for the entitled employee.

C. Retirement Program

1. Miscellaneous Employees: Regular employees, hired before January 1, 2011 'Nill receive a CalPERS retirement benefit based on the 2.7% @ 55 f.ormula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee 'Nill be responsible to pay the employee contribution to the CalPERS 2.7% @ 55 Plan.

Regular employees, hired on or after January 1, 2011, will receii.ie a CalPERS retirement benefit based on the 2% @ 60 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2% @ 60 Plan.

Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2% at age 62 retirement f.ormula, and shall be subject to the provisions of PEPRA, including provisions go>1erning reportable compensation.

Personnel Benefits
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Updated: June 17, 2015

2. Public Saf.ety Employees: Regular employees, hired before January 1, 2011 'Nill recei11e a CalPERS retirement benefit based on the 3% @ 50 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 3% @ 50 Plan.

Regular employees, hired on or after January 1, 2011, ·.•.«ill receive a CalPERS retirement benefit based on the 3% @ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 3% @ 55 Plan.

Qualifying employees hired on or after January 1, 2013 and considered ne'N members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2.7% at age 57 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

D. Retiree Medical

1. The City 'Nill provide access to medical insurance coverage for those employees ._.,ho retire from employment •.vith the City and 1Nho constitute "annuitants" as defined by the PEMHCA
The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA, ref.erred to in Section IV~'\). The provisions of the PEMHCA will govern medical insurance co1
1erage for annuitants.

2. Employees hired before October 1 , 2002 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the follo•.ving:
a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health plan premium cost for the employee's elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CalPERS, less the City's minimum monthly employer contribution under PEMHCA
b. Upon attaining Medicare eligibility, the City will contribute an amount equal to the health plan premium cost for the elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) or if the Blue Shield HMO is not offered in the area, rates are based on the lowest available plan offered by CalPERS, Personnel Benefits
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Updated: June 17, 2015
supplemental Medicare plan, offered by CalPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA. c. Employees will not be entitled to City payments, as specified abo•.ie, during employment.

3. Employees hired between October 1, 2002 and June 30, 2008 and •,uho, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, •Nill recei•.ie the following:
a. From the date of retirement and until such time that the retiree becomes eligible f.or Medicare, the City will contribute an amount to cover fifty percent (50%) of the Blue Shield Access HMO plan f.or employees 1.¥ith ten (10) years of service, plus an additional five percent (5%) of the cost of the Blue Shield Access HMO plan f.or each additional year of service beyond ten (10) years, up to one hundred percent (100%) of the Blue Shield Access HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA. b. Upon attaining Medicare eligibility, the City's contribution 1Nill equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by Cal PERS f.or employees 1Nith ten (10) years of service, plus an additional five percent (5%) of the cost of the supplemental Medicare plan offered by Cal PERS f.or each additional year of service beyond ten (10) years, up to one hundred percent (100%) of the supplemental Medicare plan offered by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments, as specified above, during employment.

E. Health Savings Plan (HSP): For Employees hired on or after July 1, 2008: The City of Los Banos has established a program to 1
Nhich the City and employees participate
to save, on a tax deferred basis, money to help pay the cost of healthcare once an individual retires. The HSP may be used f.or expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the HSP are the sole responsibility of the employee. Participation is mandatory f.or all employees.

1. Participation is mandatory f.or all employees.

2. Starting after an employee has successfully completed his or her initial probationary period, the City will contribute $50 per month to the employee's HSP account. Likewise the employee •.viii contribute $50 per month to his or her HSP account.

3. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's HSP account. Upon Personnel Benefits
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Updated: June 17, 2015
successful completion of the initial hire probationary period, the City 111ill contribute a lump sum of $50 per month for each month served in the employee's initial probationary period.

4. Upon cessation of employment 1.vith the City, the City will cease contributions to the individual's HSP account.

F. VVorkers' Compensation Insurance: 'Norkers' Compensation Insurance Benefits (VVorkers' Compensation) are provided in accordance with the requirements of State haw-,.

Speoia! A.'-ote: California Labor Code Sections 4650, for Miscellaneous Emp!oyees; and 4850, for Public Safety Employees, specifically addresses en#t.'ement for paid time off work when disabh3d due to job injury.

G. Deferred Compensation: The City shall provide the opportunity for entitled employees to participate, at their oi.·m expense, in a Deferred Compensation Program.

H. Group Continuation of Health and Life Insurance: Federal Legislation (P.L. 99 272, the Consolidated Omnibus Budget Reconciliation Act COBRA) requires agencies 1.vith 20 or more employees to continue health care coverage for terminated employees and for widows, ex spouses and dependents of employees for eighteen (18) to thirty six (36) months for certain qualifying events. Such benefits are provided at the expense of the emplovee or entitled relative or dependent. This area is addressed more extensively in the CalPERS Group Continuation Plan.

I. Tuition Reimbursement: Subject to administrative approval, the City shall reimburse entitled employees for education related expenses in accordance with City of Los Banos Tuition Reimbursement Policy; Di>1ision 5 A.

J. Sick Leave Benefits: Sick Lea>1e, •.viii be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Siok Lea1,e Benefits Policy; Division 5 8.

K. Vacation Lea11e Benefits: Vacation Leave v,ill be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Vacation Leave Policy; Division 5 C.

L. Holidav Leave Benefits: Holiday Leave •.viii be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Holiday Leave Policy; Division 5 E.

M. Catastrophic Leave: Catastrophic Leave Donations 11.1ill be prmfided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Catastrophic Leave Donation Policy; Division 5 D.

Personnel Benefits
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l ~
t
576
Updated: June 17, 2015
State Disability Insurance: The City allo1Ns for participation in the State Disability Insurance (SDI) Program for those employee groups 1

1.iho desire such option. Payment of
SDI premiums is the responsibility of participating employees. See City of Los Banos State Disability Income (SDI) Policy for specific employee groups currently involved in this program and clarification of the City's position with regard to their participation; Dh.1ision 5 I.

SEC. 5009 BENEFITS PROVIDED TO CERTAIN PUBLIC 'NORKS EMPLOYEES A. Certificate Pay/VV-ater and VVastewater Division Employees

1. Public VVorks employees shall be entitled to receive the following compensation 1 Nhen they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services VV-ater/VVastewater Treatment; a) $50.00 per month for Grade 11, and b) $25.00 per month for Grade I.

2. Public '.Norks employees shall be entitled to receive the follmving compensation 1 Nhen they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services \/\later Distribution; a) $25.00 per month for Grade II, and b) $50.00 per month for Grade Ill.

3. Employees holding these certificates may be simultaneously compensated for; a) 'Nater Treatment and 'Nater Distribution Certificates, or b) V\f.astewater Treatment and \Nater Distribution Certificates. Employees holding these certificates shall not be simultaneously compensated for \/Vater Treatment and V\l-astei.\1ater Treatment certificates.

4. Compensation shall not exceed $100.00 per month for any combination of certificates.

5. In order to continue to receive this benefit certified employees will be required to submit proof of re certification to the City Manager as soon as it is issued.

B. Applicator Certificate & License Pay/Parks & Streets Division Employees

1. Public 'Aforks employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificates or license as issued by the State of California, Department of Pesticide Regulation; a) $50.00 per month for Pesticide License, b) $25.00 per month for a Qualified Applicator Certificate, and c) $25.00 per month for each additional category endorsement, maximum three (3) categories will be allowed and/or compensated for.

2. Employees holding these certificates and/or licenses can be compensated for a) Qualified Applicator License or b) Qualified Applicator Certificate. In no ease shall the employee be compensated for both. Category compensation shall be limited to the following categories, B Landscape Maintenance, C Right of VV-ay, D Plant Agriculture, F Aquatic, K Health Related.

Personnel Benefits
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Updated: June 17, 2015

3. Compensation shall not exceed $100.00 per month for any combination of licenses/certificates.

4. In order to remain eligible for compensation, Certificated/Licensed employees shall be required to submit proof of certificate or license to the Human Resources Director and department head as soon as it is issued. In addition employees shall be required to maintain their licenses and/or certificates as required by the State of California Department of Pesticide Regulation in order to be eligible for continued compensation. Proof of current valid licenses or certificates shall be submitted annually.

C. Arborist Certificate Pay
Certain Public V\lorks employees shall be entitled to receive the following compensation when they have been a1
Narded and hold an Arborist Certificate issued
by the International Society of Arboriculture; $200.00 per month.

SEC. 5010 BENEFITS PROVIDED FOR CERTAIN CITY HALL EMPLOYEES I\ r,. Notary Public Pav

1. Certain City Hall employees shall be entitled to receive the following compensation when they have been a1
.t,arded and hold a Notary Public
Certificate issued by the State of California, Department of Secretary of State; $100.00 per month.

2. The number of persons will be limited to one (1) from each of the following departments at City Hall: Community Development, Finance, and two (2) from Administration.

3. Employees receiving the Notary Public Certificate Pay will be required to notarize documents when requested by the public or City staff during normal business hours.

B. Certified Municipal Clerk Pay
Certain City Hall employees shall be entitled to receive the follo1Ning compensation when they have been awarded a Certified Municipal Clerk (CMG) or Master Municipal Clerk (MMC) Certificate and Designation from the International Institute of Municipal Clerks (IIMC); $100.00 per month.

Personnel Benefits
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Updated: June 17, 2015
SEC. 5011 BENEFITS PROVIDED FOR MANAGEMENT AND MIDDLE MANAGEMENT

EMPLOYEES ONLY
A. Admin Leave for Management Employees: As designated in job description, Management employees who are not entitled to accrue compensatory time off or recei•Je overtime pay for hours 'Norked in excess of regular duty time, shall be entitled to ten (10) work days off, with full salary and benefits, during every fiscal year of employment in such positions.

B. Admin Leave for Middle Management Employees: As designated in job description, Middle Management employees, who are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to five (5) work days off, 'Nith full salary and benefits, during every fiscal year of employment in such position. Ne•.v Middle Management employee hired after the July 1st accrual date ·.viii be prorated accordingly. If Admin Leave is not taken during the Fiscal Year it was earned, it will not be carried 0 1 ,er and the employee will lose
his/her right to the unused days. Further, a Middle Management employee 'Nho leaves the City employment shall not be compensated for any unused Admin Leave to which he/she would otherwise have been entitled.

C. Pro ration: New Management and Middle Management employees hired after the July 1st accrual date will be prorated accordingly. If Admin Leave is not taken during the fiscal year it ·.-.ias earned, it will not be carried over and the employee •11ill lose his/her right to the unused days. Further, a Management or Middle Management employee who leaves City employment shall not be compensated for any unused Admin Leave to •.vhich they would otherwise have been entitled.

SEC. 5012 BENEFITS PROVIDED FOR MAYOR AND CITY COUNCIL MEMBERS B. Cell Phone Allowance
The Mayor and City Council Members shall be entitled to recei•.<e a monthly cell phone allowance in the amount of $75.00. Proof of a current cell phone contract plan is to be provided to receive cell phone allowance.

SEC. 5013 BENEFITS PROVIDED TO QUALIFYING PART TIME EMPLOYEES Effective July 1, 2015, if a Part time employee is qualifying and elects health insurance coverage 'Nhile employed •.vith the City, the City shall contribute the following amounts to·.-.iard the premiums for the cost of CalPERS health coverage for the employee and eligible dependents: a) 30 39 hours 'Norked per 'l,mek 50% of the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution toward monthly health insurance premium; b) 0 29 hours worked per week No contribution will be made toward a health insurance premium.

Personnel Benefits
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Updated: June 17, 2015
SEC. 5014 BENEFITS NOT COVERED IN THIS DIVISION STATEMENT Any employee benefits not covered in this Di1..<ision that are required to be offered under provision of State or Federal Law or in conformity with an existing labor agreement, shall be provided.

Personnel Benefits
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580
Updated: December 4, 2013
DIVISION 6-A

TUITION REIMBURSEMENT POLICY
SEC. 6001A PURPOSE
The purpose of this Division is to identify employee benefits and responsibilities with regard to the City's Tuition Reimbursement Policy.

SEC. 6002A OVERVIEW
Employees who successfully complete an approved class or course offered by an accredited college or university may be entitled to receive reimbursement for the actual cost of tuition, registration fees, parking fees, books and reasonable miscellaneous supplies (including calculators, but not including laptops, tablets, or other electronics), required for completion of the class or course, in accordance with the guidelines set forth in this policy.

SEC. 6003A ELIGIBILITY
To be eligible for tuition reimbursement under this policy, an employee must: a) be a regular, full-time employee; b) have completed a year of service with the City; and c) be on the payroll when the course is completed.

SEC. 6004A REQUESTS FOR TUITION REIMBURSEMENT
A Written requests for Tuition Reimbursement should be submitted to the employee's Department Head, or if the em lo ee is a De artment Head the Cit Mana er, b no later than
. Delays in submitting requests may result in denial of benefits.

B. Such requests must be submitted on the Application for Tuition Reimbursement (GA.LaA-4FORM 6-1 ) included in this division and must contain all pertinent information requested.

SEC. 6005A DEPARTMENT HEAD REVIEW
A Upon receipt of a request for Tuition Reimbursement, the Department Head, or if the request was submitted by a Department Head the City Manager, shall determine if the following requirements are satisfied:

1. The request was submitted on the required form and all pertinent information was provided.

Tuition Reimbursement
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Updated: December 4, 2013

2. The class(es) or course(s) to be attended appearare:
a) ta-be-requirements for completion of a degree (AA, AS, BA, BS, MA, or PHO) in a field of study related to the employees job classification, offered by the college or university being attended, or
b) to be the type that would increase the employee's technical job knowledge, or enable him/herthem to compete for other job opportunities within the City structure or within the public service, or would improve his/hertheir overall benefit to the City.

3. The class(es) or course(s) to be attended are being offered by an accredited college or university that is located no more than seventy-five (75) road miles from the City of Los Banos.

4. Tuition Reimbursement at private colleges or universities may be funded by the City if the following criteria are met:
a. The course of study is of a technical nature and is necessary for the employee to perform his/hertheir current job classification or his/hertheir ability to seek a higher paid position within the City structure or within the public service, this would include short-term certification programs; and b. Upon approval by the City Manager prior to initial approval by the Department Head. Employees choosing to attend a private college or university may, upon prior approval by the City Manager, be reimbursed a maximum cost of tuition that is equivalent of the cost to attend a public college or state university. It shall be the responsibility of the employee to obtain these costs and submit them with their initial request for reimbursement.

5. In recognition of current technology, courses available through the Internet may also be funded. Criteria relating to Internet courses are the same as that relating to private colleges and universities. The mileage restriction would not apply to this type of study.

B. If all the proceeding conditions are met, the Department Head shall approve the employee's request and forward it to the City Manager.

C. In the event the Department Head determines the required conditions are not satisfied, the request shall be denied and the employee will have five (5) working days to file a written appeal for reconsideration with the City Manager. If the original request was made by a Department Head and denied by the City Manager no appeal process is provided. The City Manager's decision shall be final and binding.

Tuition Reimbursement
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SEC. 6006A CITY MANAGER REVIEW
A. Upon receipt of a Tuition Reimbursement request that has been approved by a Department Head, the City Manager shall satisfy himself/herself that the request meets the required guidelines, and if so, issue final approval. In the event the City Manager determines that the Department Head erred, and the request does not meet proper guidelines for approval, he/shethey shall deny the request and return same to the Department Head who shall notify the employee of such denial. Denial of Tuition Reimbursement request by the City Manager shall be considered final and binding.

B. Upon receipt of an appeal from an employee who was denied a request for Tuition Reimbursement by a Department Head, the City Manager shall review the facts of the situation and render a decision. The decision of the City Manager to deny or approve a Tuition Reimbursement request shall be considered final and binding.

SEC. 6007A PAYMENT OF TUITION REIMBURSEMENT
A. Actual payment of Tuition Reimbursement shall be forthcoming only upon satisfactory completion of approved classes or courses and submittal by the employee of the following; a) a copy of the school official grade report of the classes or courses taken, b) a copy of the receipt received from the school for tuition payment, and c) a copy of the receipt received for purchase of required books, and/or miscellaneous supplies.

B. Tuition will be reimbursed in accordance with this policy, upon successful completion of courses, up to $3,000.00 per fiscal year per employee.

C. For the purpose of the City, successful completion of a class or course means the employee received a grade of "C" or higher on his/hertheir class record or in the case of credit-no credit classes or courses, the employee received credit on his/hertheir class record. Tuition Reimbursement shall not be provided for classes or courses where the employee's class record reflects a letter grade of "D" or lower, No Credit, or Incomplete.

SEC. 6008A TRANSPORTATION COSTS
Transportation costs during off duty attendance at public colleges or universities are the responsibility of the employee. The City will not provide reimbursement for such cost nor will City vehicles be provided for such purpose.

SEC. 6009A RETROACTIVE PAYMENTS NOT PERMITTED
Tuition Reimbursement
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Employees who complete classes or courses that were not approved in advance by their Department Head and/or the City Manager shall not be entitled to Tuition Reimbursement.

Tuition Reimbursement
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Updated: March 7, 2012

APPLICATION FOR

TUITION REIMBURSEMENT
(FORM 6-1)
Name of Employee Department Course of Study (Major)
Degree Type
(AA/AS, BA/BS, etc.)
Title of Class(es)
Name of School
(Indicate if Public, Private, or Internet)
No. of Units
Address of School
Catalogue No.

1. __________________________________ _

2. __________________________________ _

3. ____ ______________________________ _
Semester/Quarter: Start Date (First Class): _____ _ End Date (Last Class):

Approximate Cost Tuition/Registration Fees $ _____ _
Approximate Cost Books and Miscellaneous Items $ _____ _ Total Approximate Cost $ _____ _
Employee Signature _____________ Date: ______ _
DEPARTMENT HEAD/CITY MANAGER REVIEW:

Approved __ Disapproved __
Approved __ Disapproved __
Department Head Signature
City Manager Signature
Note: A letter of explanation must be attached for denials.

F/NALPAYMENTAPPROVALBYDEPARTMENTHEAD
Date
Date
I have received the required documentation on Tuition and Book purchase as well as copies of the school) grade report showing satisfactory completion of classes. In light of the proceeding, reimbursement payment in the following amount is authorized:

Tuition Fees
Registration Fees
Books
$ _____ _
$ _____ _
$ _____ _
Miscellaneous Items $ ------ Total Cost $ ____ _
Department Head Signature Date
Note: In order to receive actual payment employee must present the following material to Department Head upon successful completion of classes: 1) Copy of School's official grade report, 2) Copy of receipt for payment of tuition, 3) Copy of receipts for payment of Registration Fees, and 4) Copy of receipts for purchase of required books and/or miscellaneous items.

Original: Employee Personnel File; Copies: Employee, Department Head, City Manager Tuition Reimbursement
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Updated: June 17, 2015
DIVISION 7

SICK LEAVE POLICY
SEC. 5001 B7001 PURPOSE OF POLICY
The purpose of this Division is to identify employee benefits and responsibilities with regard to accrual, use, and compensation of Sick Leave.

SEC. 500287002 PURPOSES FOR SICK LEAVESICK LEAVE DEFINED Sick leave is paid leave from work that can be used for the following purposes:

A. The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee's family members:
child (including a biological, adopted, or foster child, stepchild, legal ward , or a child to whom the employee stands in loco parentis) of any age or dependency status:
parent or parent in law (including biological, adoptive, foster parent, stepparent, legal guardian of an employee or the employee's spouse or registered domestic partner. or a person who stood in loco parentis when the employee was a minor child); spouse: registered domestic partner; grandparent: grandchild: or sibling: or designated person.
"Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

8. To obtain any relief or services for qualifying acts of violence, per the City's Leave Rights and Accommodations for Victims of Qualifying Acts of Violence and other Victims of Crime Leave Policy Section 24012.

C.. For reasons as provided in the City's Bereavement Leave Policy in Section 24005.

The term Sick Leave refers to the fully compensated and duly authorized time off work taken by an entitled employee for, a) Personal Sick Leave the employee is receiving medical attention or is su:ff€ring or recoi.1
ering from an illness or injury that prevents him/her
from performing assigned job duties, or b) Family Sick Leave the employee's presence is required elsewhere because of demands created by the illness, injury or death of an immediate family member; "Immediate Family" consists of the following: Employee's spouse, domestic partner, child, child of a domestic partner, stepchild, parent, grandparent, grandchild, brother, sister, mother/father in law, son or daughter in law, brother or sister in la'N, legal guardian, or custodial child, or parent or child of a domestic partner. Additionally, Family Sick Leave may be used 1
Nhen attending funerals of close
friends or extended family members.

Sick Leave Policy
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Updated: June 17, 2015
SEC. 5003B7003 ACCRUAL AND CARRYOVER FOR DIFFERENT CATEGORIES OF

EMPLOYEESENTITLED EMPLOYEES
A.

Regular Employees

1. All Regular Employees in full time status accrue eight (8) hours of Sick Leave for each calendar month of paid status. Fire employees who work on a 48-96 work schedule shall earn 8.11 hours of Sick Leave per calendar month.

Regular Employees in less than full-time status accrue Sick Leave in an amount prorated to the lower number of hours they work each calendar month in paid status: However, the pro-rated amount of accrual must be at least one (1) hour of paid sick leave for every thirty (30) hours worked. Accrued sick leave carries over from year to year. No accrual limit applies.

2. Regular Employees are considered "in paid status": when working, while off on fully compensated leave of absence (e. g., vacation or CTO), while off on fully compensated Sick Leave, or while off on compensated job injury. Employees who are off work on an unpaid leave of absence or on an absence from duty not authorized by the City are not in paid status and therefore do not earn Sick Leave.

Part-time, Provisional, and Temporary Employees

1. All Part-time, Provisional, and Temporary employees shall be provided with five (5) days or forty (40) hours, whichever is greater, of upfront sick leave upon hire and thereafter on July 1st of each year. Upfront sick leave shall not accumulate higher than five (5) days or forty (40) hours, whichever is greater, each fiscal year (July 1st - June 30th) and shall not carry over to the next fiscal year.

2. Part-time, Provisional, and Temporary Employees are considered "in paid status" when on Sick Leave: employees are not considered to be "in paid status" when on an unpaid leave of absence.

C. All Regular and Part time employees are oonsidered as entitled employees f.or the purpose of Siok Leave aoorual. Volunteers do not earn Sick Leave.

SEC. 7004 PROTECTED SICK LEAVE
A.

For Regular Employees. one-half of the employee's accrued and available annual sick leave is protected, in accordance with the Health Workplaces, Healthy Families Act and Labor Code Section 233, and may be used in a calendar year for Purposes #A and #8 as referenced above in Section 7002.

For Part-time, Provisional, and Temporary Employees, up to forty (40) hours, or five (5) days (whichever is greater) of accrued and available sick leave each year is protected and may be used for Purposes #1 and #2 as referenced above in Section Sick Leave Policy
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002. The year is measured beginning on July 1 or the employee's date of hire (whichever is later) in the first year, and on July 1 for each year thereafter.

SEC. 7005 SICK LEAVE REQUEST
To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave (not including confidential medical information). Failure to request sick leave as required by this Policy without good reason, may result in the employee being treated as absent without leave.

SEC. 7006 CERTIFICATION
Employees are required to provide a certification from a health care provider to support any absence that involves the illness of the employee or family member upon such time that the employee uses more than one half of their annual sick leave allocation.

The City may require that employees provide a certification from a health care provider to support any absence if the City suspects that there is an abuse of sick leave by the employee. For example, pattern absences may indicate abuse, such as when an employee's absences routinely fall on particular days of the week. like Mondays or Fridays, or contiguously with holidays or vacations.

All employees who use paid leave to address issues related to crime victimization as provided by City policy Section 23012 and who cannot provide advance notice of their need for leave must provide certification of the need within a reasonable time thereafter.

The employee will submit the required certification to the City on the date of the employee's return to work.

SEC 7007 COMBINING PAID LEAVE AND UNPAID LEAVE
An emplovee shall not use a combination of paid leave and unpaid leave to cover a full day absence, except in the following instances:

A. When an employee integrates paid leave with a wage replacement benefit.

Note: While an employee is on FMLAICFRAIPDL only, the employee may choose to integrate paid leave with wage replacement benefits. In doing so, the employee may elect to use the minimum amount of paid leave needed to cover the employee's contribution toward group health insurance.

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B. In the pay period in which the employee exhausts paid leave accruals, including any donated leave.

SEC. 7008 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 systems laws and regulations.

SEC. 7009 SICK LEAVE REINSTATEMENT
A.

If a regular employee separates and is rehired within two years (24 months) from separation, accrued and unused sick leave will be reinstated. However, no duty exists to restore sick leave if it has been otherwise converted to retirement service credits and no longer exists. Upon the request of the Department Head, the City Manager may approve reinstatement of accrued and unused sick leave upon rehire of a former employee after a separation of more one year, but not exceeding a separation of more than two years.

In accordance with Labor Code section 246(g), for an employee in their initial probationary period, Part-Time, Provisional. and Temporary Employees, if an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of five (5) days or forty (40) hours (the maximum amount that is provided at hire and which has no carryover), whichever is greater, will be reinstated. However, no duty exists to restore sick leave if it has been otherwise converted to retirement service credits and no longer exists.

SEC. 5004B SICK LEAVE ACCRUAL FOR REGULAR EMPLOYEES
All Regular Employees earn Siok Leave at the rate of one day (8 hours) for eaoh oalendar month of full time servioe to the City. Regular Employees in less than full time positions shall reoeive a prorated amount based on hours of employment. There is no maximum limit on the amount of Siok Lem11e that may be aocrued. Employees are rendering service to the City; when working, while off on fully compensated leave of absence, while off on fully compensated Siok Leave, or while off on compensated job injury. Sick Lemm granted by the City and used by an employee shall be deduoted from the employee's accrued Siok Leave balance. Employees who are off work on un paid leave of absence are not considered as rendering service to the City and therefore do not earn Siok Leave.

SEC. 5005B SICK LEAVE ACCRUAL FOR PART TIME, PROVISIONAL AND

TEMPORARY EMPLOYEES
All Part time, Provisional, and Temporary employees shall be provided with three (3) days or P.t.ienty four (24) hours of accrued siok leave upon hire and thereafter on July 1st of each year. Accrued siok leave shall not aooumulate higher than twenty four (24) hours eaoh fisoal year (July 1st June 30th) and shall not carry over to the next fiscal year. Employees Sick Leave Policy
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are rendering service to the City 11.ihile off on fully compensated Sick Leave Sick Leave granted by the City and used by an employee shall be deducted from the employee's accrued Sick Lea\1e balance. Employees who are off work on un paid leave of absence are not considered as rendering service to the City.

SEC. 7010 ADDITIONAL PROVISIONS APPLICABLE TO ALL EMPLOYEES ELIGIBLE

FOR SICK LEAVE

SICK LEAVE USE
I\ ,-...

5. Personal Siok Leave: Employees are entitled to use up to their total accrued Sick Leave under the follo111ing circumstances; a) 1Nhile suffering or recovering from a legitimate illness or injury that prevents them from performing assigned job duties, or b) when being examined or treated by a licensed physician, dentist, or other legitimate medioal practitioner or 1

1.ihile traveling to and from the location 'Nhere the
examination or treatment •.viii be received.

Family Sick Leave: Employees may use a maximum of half of their annual days of acorued Sick Leave) during any single oalendar year as Family Sick Lea•Je. Family Sick Leave may be used to attend funerals or transport or care for siok or injured immediate family members or parents. This use of Sick Leave does not extend the maximum period of lea•,e to 11.ihich an employee is entitled under Division 14 (Leaves of Absence) of these Rules.

If an employee exhausts all available sick leave, the City may then apply any available vacation days to cover any additional absences.

Whenever eligible and permitted by law, an employee will be required to use any accrued and available sick leave while out on any applicable FMLA and/or CFRA leaves of absence.
including sick leave hours used.Din the event that an employee or a-applicable family member the employee is caring for is no longer sick to qualify the employee for use of member of the employee's immediate family recovers from any such sickness after being granted the Sick Leave_,such that the employee can return to work a-RG-during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

In order to apply for Sick Leave use, an employee shall notify the appropriate immediate supervisor no later than fifteen (15) minutes before the time established as the beginning of the employee's work day, unless the City determines that the employee's duties require more restrictive reporting. Failure to do so 'Nithout good reason shall result in that day of absence being treated as leave of absence 11.iithout pay,-
Sick Leave Policy
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6. If the employee is absent on Sick Leave for more than one (1) day, the employee will keep the immediate supervisor informed as to the date the employee expects to return to work.

D. Sick Leave will only be provided for the purposes provided in this Policy or as otherwise provided by the law, an applicable MOU, or another City policy. Sisk Leave 1
Nill not be granted to any employee absent from duty after separation from City service, or during a City authorized lea1
1e of absence without pay, or any other
absence from duty not authorized by the City.

Paid Sick Leave will not be granted to any employee for the purpose of extending te permit an extension of the an employee's vacation. A request for sick leave that immediately precedes or follows vacation, compensatory time off or management leave time off will be presumed to be sick leave abuse and the employee will be required to provide sick leave certification.

7. The City may require a physician's certification at any time regarding the sickness or injury of the employee or their immediate family member and the date of the employee's intended return to work.

Employees will not be permitted to use vacation in lieu of Sick Leave unless approved by the Department Head.

Supervisors shall have the discretion to place employees on Sick Leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee's duties.

Abuse of Sick Leave
An employee may be subject to disciplinary action for abuse of Sick Leave. Abuse of Sick Leave is defined as the use of Sick Leave for purposes other than those set forth in this Policy or as provided by law, another City Policy, or an applicable MOU.

Abuse of Sick Leave may be determined from a pattern of taking excessive unprotected sick leave or from taking unprotected sick leave as an extension of a weekend or other scheduled time off. For example, pattern absences may indicate abuse, such as when an employee's absences routinely fall on particular days of the week, like Mondays or Fridays, or contiguously with holidays or vacations.

Excessive Use of Unprotected Sick Leave
Excessive use of unprotected sick leave, tardiness, and failing to use the call-in procedures when absent or tardy, can negatively impact the performance of an employee's job or affect others in the performance of their job. Factors that will be considered in determining whether use of unprotected sick leave is excessive include, but are not limited to: the number of absences that are not protected by law Sick Leave Policy
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compared to other employees. whether absenteeism is limited to a finite time period or whether it continues over time. the basis for the absenteeism , and the significance of the impact on the performance of the employee's job or of others.

Absences that are protected by law (such as protected sick leave. FMLA/ CFRA, and Pregnancy Disability Leave) are not included in determining whether the use of Sick Leave is excessive.

Malingering
Any employee who takes off or attempts to take off work on Sick Leave by falsifying the fact that they are sick. injured, or receiving medical attention or that a member of their immediate family is sick, injured, or has died, is guilty of malingering. For the purpose of this work rule. a) the fact that an employee is found to be at a social function. attending school. or performing other work (without approval from medical authorities), or b) it was learned that an immediate family member was not sick. injured. or did not die. is grounds to establish a case of malingering. Violation of this work rule may result in severe punitive action.

SEC. 7011 JOB INJURIES - MISCELLANEOUS EMPLOYEES
Miscellaneous (non-public safety) employees who are injured in the course of their employment may, as permitted under Labor Code Section 4650, elect to use accrued Sick Leave in conjunction with Workers' Compensation Payments; provided that the total amount paid by Workers' Compensation and the City does not exceed the employees base monthly salary. Those employees who do not choose to use their accumulated Sick Leave in conjunction with Workers' Compensation payments or those employees who have no accrued Sick Leave will be paid at the rate currently set for Workers' Compensation payments.

Special Note: The first three (3) calendar days off after a job injury are not paid by Workers' Compensation unless the employee is you are an inpatient at the hospital or is a,e-off work for fourteen (14) days, and subsequent time off is normally paid at a reduced amount; approximately two thirds of an employee~s normal base salary.

SEC. 7012 JOB INJURIES - PUBLIC SAFETY EMPLOYEES
In accordance with Labor Code Section 4850, Public Safety Employees shall receive full pay and benefits during the time they are off on job injury. Salary and benefits begin immediately and continue up to one (1) year from the date of injury. Sick Leave is accumulated during the period of disability.

SEC. 7013 UNABLE TO RETURN TO WORK
A. After engaging in the interactive process to determine if any reasonable accommodations can be made, regular employees unable to perform the essential functions of their position. with or without reasonable accommodation. as a result of Sick Leave Policy
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B.

Updated: June 17, 2015
a physical or psychological illness or injury. who are not on protected leave and are unable to return to work, may:
• Be separated from employment if additional time off can no longer be reasonably accommodated by the City. Employees who are separated pursuant to this section shall be accorded procedural due process (i.e .. notice and an opportunity to respond to the separation) in accordance with the appeal procedures for disciplinary actions outlined in these rules and procedures: or • If disabled, qualified employees may be retired under the Public Employees Retirement System: or
• Be offered the opportunity to resign from the position and be placed on a rehire list for a period not to exceed one (1) year. Any employee returning to work pursuant to this section shall provide to the Human Resources office verification from a medical practitioner of their ability to return to work and perform the essential functions of their position, with or without accommodation.

If during the period in which the employee is on the rehire list. the employee is physically and/or psychologically able to resume the duties of their previous position and there is a vacant position in the employee's classification , the employee will be entitled to return to that position with all the rights, benefits, and responsibilities of a regular employee. However, an employee on a rehire list shall not accrue seniority. Thus, the employee will return to work with the same amount of seniority held prior to being placed on the rehire list.

Placement on the rehire list does not preclude an employee from applying for a disability retirement.

Sworn Public Safety Officers: Sworn employees are entitled to regular pay for an amount of time for temporary disability caused by an injury or disease arising out of or during the course of employment pursuant to state law. As such, these employees will receive their full entitlement to temporary disability benefits at the time they are offered the rehire list option described in this section. unless they are determined to be permanent and stationary, in which case, qualifying employee or the City may file an application for disability retirement.

Medical Leaves of Absence: Employees on family and medical care leave, pregnancy disability leave or other statutory leaves will not be terminated or offered the rehire list option in lieu of separation during such leave if separation during such leave would be precluded by law.

Whenever an employee has been given a permanent and stationary rating by the Workers Compensation Appeals Board of the State of California, return to the job must be based on the same medical information that the employee used in order to obtain the award. Unless these medical facts and limitations are carefully considered, subsequent iniuries or aggravations of the original injury can occur. It is Sick Leave Policy
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the policy of the employer that an employee return to duties they can perform safely without undue risk of injury to self or other employees.

It is, likewise, the policy of the employer that, after engaging in good faith in the interactive process. if the employee cannot do so or if they are unable or unwilling to accept some other vacant position which the employee is psychologically and/or physically and otherwise qualified to perform. their employment will be terminated.

The medical criteria presented to the Workers Compensation Appeals Board by the employee and their doctor shall be obtained and utilized by the City as part of the interactive process and interpreted in terms of specific job restrictions and limitations. The department director, or their designee, shall interpret and apply such job restrictions and limitations to the specific physical and/or psychological requirements of the employee's position and make recommendation(s) to the Personnel Officer as part of the interactive process with the employee. A determination shall be made by the Personnel Officer after engaging in good faith in the interactive process with the employee as to whether or not the employee shall:
• Return to the job with or without reasonable accommodations; • Transfer to some other vacant position for which they are qualified based upon physical and/or psychological ability and experience: or • Separate from employment after first pursing an application for disability retirement.

SEC. 5009B DUTY TO NOTIFY
'A'hene•1er an employee becomes aware that he/she needs to be off •.vork on Sick Leave, he/she shall notify his/herupervisor (or if the supervisor is unavailable, any member of his/her department he/she can locate) of the anticipated date of his/her return to •.vork. If an employee is ai.\1are prior to the beginning of his/her scheduled shift that helshe needs to be off •.vork on Sick Lea•1e, he/she must notify his/hersupervisor no later than fifteen (15) minutes prior to the beginning of the seheduled shift.

SEC. 501 OB ADMINISTRATIVE RIGHT TO REQUIRE DOCTORS EXCUSE Whenever an employee takes off work f.or a reported illness or injury, Administration may require a Doctor's excuse prior to the employee being allowed to return to duty.

SEC. 5011 B MALINGERING
Any employee •.vho takes off or attempts to take off work on Sick Leave by falsifying the fact that he/she is siek, injured, or receiving medical attention or that a member of Sick Leave Policy
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his/herimmediate family is sick, injured, or has died, is guilty of malingering. For the purpose of this work rule, a) the fact that an employee is found to be at a social function, attending school, or performing other work (without approval from medical authorities), or b) it was learned that an immediate family member •.vas not sick, injured, or did not die, is grounds to establish a case of malingering. Violation of this v,ork rule may result in se•,ere punitive action.

SEC.1_5008128 COMPENSATION FOR UNUSED SICK LEAVE
Employees Hired Prior to July 1, 1988:

Those employees •.vho have accumulated si~ (60) days or more of unused Sick Leave at time of resignation or termination from the City of Los Banos are entitled to be paid a lump sum payment, at their then current rate of pay, for one fourth (1/4) of their total accumulated time. Example: Employees with eighty (80) days accumulated sick leave receive payment for t\¥enty (20) days.

Special l\lote: Employees who have unused Sick Leave totaling fifty nine (59) days or less, receive no compensation at time of resignation or termination. Those employees who have 1H1usod Siok Leave at time ofroti-remont from the City of Los Banos are compensated under the following formula; a) employees with se<ty (60) days or more unused Sick Lea·1-e may convert tho entire amount to Ca/PERS (California P-ublic Employees Retirement System) Service Credit or receive a lump sum payment from the City for one fourth (114) their total accumulated Sick Leave and convert the remaining unused Sick Leave to CalPERS Service Credit.

Example: Employees who have unused Sick Leave totaling one hundred sixty (160) days could elect to be paid a lump sum payment from the City for forty (4 0) days, at current pay rate, and apply one hundred twenty (120) days to CalPERS Service Credit or they could choose to apply the total one hundred sixty (160) days to CalPERS Service Credit, or 2) employees with fifty nine (59) unused Sick Leave days or less at time of retirement may convert those days to CalPERS Service Credit. No lump sum payment from the City is permitted for unused Sick Leave of fifty nine (59) days or less.

Employees Hired On or Mer July 1, 1988:

Employees hired on or after July 1, 1988, do not have the option of lump sum Sick Leave pay off at time of retirement. Unused Siok Leave shall be converted into CalPERS Service Credit.

Special .

6.(ote: Unused Sick Leave is converted to retirement credit in accordance vii-th CaJPERS Operating Practices in effect at time of retirement.

SEC. 50138 EXCESSIVE USE OF SICK LEAVE/ABUSE OF SICK LEAVE Sick Leave Policy
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An employee shall be subject to disciplinary action for abuse of Sick Leave for claiming an entitlement to Sick Leave when the employee does not meet the requirements of Sick Leave as defined in Section 5002B.

SEC. 5014B RETURN TO VVORK

1. Regular employees unable to perform the essential functions of their position, 1Nith or without reasonable accommodation, as a result of a physical or psychological illness or injury shall:

6. Be terminated from employment. Employees who are separated pursuant to this section shall be accorded procedural due process (i.e., notice and an opportunity to respond to the separation) in accordance with the appeal procedures for disciplinary actions outlined in these Rules and Procedures, or

7. If disabled, be retired under CalPERS, or

8. Be offered the opportunity to resign from the position and be placed on a rehire list for a period not to exceed one (1) year. Any employee returning to -1ork pursuant to this section shall provide to the Human Resources Director verification from a medical practitioner of his/her ability to return to work and perform the essential functions of his/her position, 1Nith or 1Nithout accommodation.

If during the period in which the employee is on the rehire list, the employee is able to resume the duties of his/her previous position and there is a vacant position in the employee's classification, the employee will be entitled to return to that position 1.-.iith all the rights, benefits, and responsibilities of a regular employee. However, an employee on a rehire list shall not accrue seniority.

Thus, the employee 1
.•Jill return to 1.¥ork with the same amount of seniority held prior to being placed on the rehire list. Placement on the rehire list does not preclude an employee from applying for a disability retirement.

2. Sworn Public Safety Officers: Sworn employees are entitled to regular pay for an amount of time for temporary disability caused by an injury or disease arising out of or during the course of employment pursuant to state la•N. As such, these employees will receive their full entitlement to temporary disability benefits at the time they are offered the rehire list option described in this section, unless they are determined to be permanent and stationary, in which case, the employee or the City may file an application for disability retirement.

3. Medical Lea•1es of Absence: Employees on family and medical care leave, pregnancy disability leave or other statutory leaves will not be terminated or offered the rehire list option in lieu of separation during such leave if separation during such leave vJould be precluded by law.

D. VVhenever an employee has been gi•1en a permanent and stationary rating by the ffi€1ustrial Accident Commission of the State of California, return to the job must be Sick Leave Policy
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based on the same medical information that the employee used in order to obtain the award. It is the policy of the City that an employee return to duties he/she can perform safely without undue risk to other employees. It is, likewise, the policy of the City that if the employee cannot do so and if he/she is unable or uni.villing to acoept some other vacant position •♦.1hich the employee is psychologically and physically and otherwise qualified to perform, his/her employment 1Nill be terminated.

The medical criteria presented to the Industrial Accident Commission by the employee and his/her doctor shall be obtained and utilized by the City and interpreted in terms of specific job restrictions and limitations. The Department Head, or his/her designee, shall then interpret and apply such job restrictions and limitations to the specific physical and/or psychological requirements of the employee's position and make a recommendation to the Administrative Services Director or designee. A determination shall be made by the Human Resources Director or designee in consultation with the Department Head as to whether or not the employee shall:

5. Return to the job.

6. Transfer to some other vacant position for which he/she is qualified based upon ability and experience.

7. Separate from the City's employment.

8. If a current, mutually agreed to Memorandum of Understanding (MOU) provision is in conflict with a provision of this policy, the MOU provision shall be follrn.•,ed.

Sick Leave Policy
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DIVISION 8

VACATION LEAVE POLICY
SEC. 5001 C8001 PURPOSE
Updated: July 21, 2021
The purpose of this Division is to identify employee rights and responsibilities with regard to accrual, use, and compensation of Vacation Leave.

SEC. 5002C8002 VACATION LEAVE DEFINED
The term Vacation Leave refers to the fully compensated duly authorized time off work taken by an entitled employee for the pursuit of his/hertheir personal business or pleasure which could not be properly enjoyed or adequately attended to during the shorter time periods offered by normal days off and/or holidays.

SEC. 5003C8003 ENTITLED EMPLOYEES
All Regular Employees as defined in Division 1, Section 1009 of these Rules, except Firefighters, who are receiving full salary and benefits from the City are considered as entitled employees for the purpose of vacation accrual. Firefighter vacation accrual is specifically addressed in the Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Fire Fighter's Association. Part-time and Provisional employees and Volunteers do not earn Vacation Leave. All Regular Employees as defined in Division 1, Section 1009 of these Rules are considered entitled for purpose of vacation leave accrual.

SEC. 5004C8004 VACATION LEAVE ACCRUAL
All full-time, Regular Employees earn Vacation Leave, beginning with the date of hire, in accordance with the following guidelines:

A. Regular Employees with five (5) full years of service or less earn 6.67 hours Vacation Leave for each full calendar month of employment (the equivalent of 80 hours of Vacation Leave per year of employment). Vacation Leave accrual for periods shorter than one .<.1l_calendar month are pro-rated on the basis of actual service time during that partial month. The following is an example of the time period that constitutes five (5) full years of service or less: The employee was hired on January 1, 4™2025. He/sheThey will complete five (5) full years of service on December 31, .'.J.98a2029. During this entire period of time, he/shethey accrues vacation at the rate of 6.67 hours per calendar month, equivalent to ten (10) days per year.

B. Regular Employees who have completed from five (5) to fifteen (15) full years of service earn 10.00 hours Vacation Leave for each full calendar month of employment (the equivalent of 120 hours of Vacation Leave per year of employment). Vacation Leave accrual for periods shorter than one ( 1) calendar Vacation Leave Policy
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month are pro-rated on the basis of actual service time. The following is an example of the time period that constitutes from five (5) to fifteen (15) full years of service: The employee was hired on January 1, 4-9802025. He/sheThey completed five (5) full years of service on December 31, 4-98a2029. Beginning January 1, 498e2030, he/shethey earns Vacation Leave at the rate of 10.00 hours per calendar month, equivalent to fifteen (15) days per year. This rate of Vacation Leave accrual continues until December 31, 4-99-52039.

C. Regular Employees who have completed over fifteen (15) full of years of service earn 13.36 hours Vacation Leave for each calendar month of employment (the equivalent of 160 hours of Vacation Leave per year of employment). Vacation Leave accrual for periods shorter than one ( 1) calendar month are pro-rated on the basis of actual service time. The following is an example of the time period that constitutes over fifteen (15) full years of service: The employee was hired on January 1, 4-9002025. He/sheThey would complete fifteen (15) full years of service on December 31, 4-9952039. Beginning January 1, 4-BW2040, the employee would have completed over fifteen (15) full years~ service and thus Vacation Leave is earned at the rate of 13.36 hours per calendar month, equivalent to twenty (20) days per year.

SEC. 5005C8005 MAXIMUM VACATION LEAVE ACCRUAL ALLOWED
A. At the discretion of the Regular Employee, Vacation Leave may be accumulated and saved in accordance with the following guidelines:

1. Employees who have less than five (5) full years of service may save a maximum of one hundred sixty (160) hours of Vacation Leave;

2. Employees who have from five (5) to fifteen (15) full years of service may save a maximum of two hundred forty (240) hours of Vacation Leave;

3. Employees who have in excess of fifteen (15) full years of service may save a maximum of three hundred twenty (320) hours of Vacation Leave.

B. Employees are limited to the maximum accrual of vacation as defined, based on years of service.

C. Should any employee exceed the maximum accrual of vacation, excess accrual will be forfeitedcease until vacation accrual reduces to below the maximum amount allowed. At no time will any City employee be entitled to accrue more vacation leave than that provided for in this Section. It shall be the responsibility of the employee to assure that they utilize credited vacation leave within the limitations set forth herein.

PLEASE NOTE that the current vacation balance, the current pay period vacation usage, and vacation accrual are all shown on the employee's pay check stub and are the responsibility of the employee to track for compliance with this provision.

Vacation Leave Policy
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SEC. 5006C8006 USE OF VACATION LEAVE
Vacation Leave shall be taken in accordance with the policies and procedures of the employee's Department, or in the case of Department Heads, when approved by the City Manager, or in the case of the City Manager, when approved by the City Council. While the staffing needs of the City shall be paramount, the employee's right and need for Vacation Leave shall be given every reasonable consideration.

SEC. 8~--~~--~---- 007 COMBINING PAID LEAVE AND UNPAID LEAVE --------~ An employee shall not use a combination of paid leave and unpaid leave to cover a full day absence, except in the following instances:

When an employee integrates paid leave with a wage replacement benefit.

Note: While an employee is on FMLAICFRAIPDL only, the employee may choose to integrate paid leave with wage replacement benefits. In doing so. the employee may elect to use the minimum amount of paid leave needed to cover the employee's contribution toward group health insurance.

In the pay period in which the employee exhausts paid leave accruals. including any donated leave.

SEC. 5007G 8008 VACATION CASH OUT FOR EXEMPT EMPLOYEES
Effective July 1, 2021, exempt employees may cash out vacation up to eighty (80) hours per year under the following conditions:

A. Accrued vacation balance must remain at one hundred twenty (120) hours after the requested cash out; and
B. Annually, no later than December 15th, employees may submit an irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused vacation in payments on December 5th of the next calendar year.

Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual vacation cash out program.

Cash out of vacation hours will be paid by separate check upon request SEC. 5007C8009 COMPENSATION FOR UNUSED VACATION TIME AT

SEPARATION
Eligible employees shall, at time of resignation, discharge, or retirement, be compensated for all accrued, unused vacation hours at the current regular rate of pay.

Vacation Leave Policy
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DIVISION 9

CATASTROPHIC LEAVE DONATION POLICY
SEC. 5001 D9001 PURPOSE
To identify employee rights and responsibilities with regard to Catastrophic Leave Donation.

SEC. 5002D9002 ENTITLED EMPLOYEES
All Regular Employees who are receiving full salary and benefits from the City are considered as entitled employees for the purpose of vacation accrual. Part time and Provisional employees and Volunteers do not earn Vacation Leave. All Regular Employees as defined in Division 1, Section 1009 of these Rules are considered entitled for purpose of giving and receiving catastrophic leave donations.

SEC. 5003D9003 CATASTROPHIC LEAVE DONATION DEFINED
The term Catastrophic Leave Donation refers to the Vacation or Compensatory Time Off (CTO) that has been accrued by one employee and may be donated/transferred to another employee as Catastrophic Leave in accordance with the following guidelines:

A. Upon approval of the need for Catastrophic Leave Donation by the Human Resources Director and provided the requesting employee's leave request so directs, Human Resources will, upon the approval of the employee on the leave request form, send a donation request letter to all departments for posting on employee bulletin boards, or publication in employee newsletters. No confidential medical information will be contained in the donation request. All departments will be supplied with donation forms to give to employees who wish to donate leave.

B. Request for approval to donate Catastrophic Leave shall be submitted to the donating employees Division Head/Department Head/City Manager on the prescribed form; included in this division. JSee FORM 9-1 ).

C. Catastrophic Leave Donations must be approved in advance of use by the donating and receiving employees' Division Head, Department Head, or the City Manager.

D. Employees shall have the absolute right to refuse to donate Catastrophic Leave.

Employees seeking Catastrophic Leave donations do not have a right to demand or require such time be donated.

E. An employee shall be permitted to receive a maximum of thirty (30) work days, .(two hundred forty (240) hours} of donated Catastrophic Leave during any single calendar year, January 1st to December 31 st.

Catastrophic Leave Donation Policy
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F. Catastrophic Leave donations shall be made in minimum increments of eight (8) hours.

G. When Catastrophic Leave is donated by one employee to another employee.I. the donating employee shall have given up his/hertheir right to such time. Specifically, neither the City nor the employee receiving the donation of Catastrophic Leave shall be obligated or required to reimburse or otherwise compensate the donating employee for the time donated.

H. Donations to known terminally ill employees will be posted in amounts not to exceed two {2l_pay periods worth of time unless the donor requests that the donation be effective immediately. Any time donated to the employee that was not yet processed upon such time that it is no longer needed by the recipient will have the donation form returned to the donor.

SEC. 5004D9004 CATASTROPHIC LEAVE USE
Catastrophic Leave may be applied for and used in accordance with the following guidelines:

A. Catastrophic Leave Donations are available to all regular employees who have completed one (1) year of probation, have applied and been approved for Catastrophic Leave and have exhausted all paid leave or anticipate exhausting all paid leave within the next two @ pay periods.

B. An employee is eligible for Catastrophic Leave when he or she isthey are unable to work due to a medical emergency. A "medical emergency" is defined under the plan as a medical condition of the employee or of an immediate family member of the employee (defined as spouse, registered domestic partner, child , parent. grandparent, grandchild, or sibling) that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the leave- sharing planbona fide and verifiable long term illness or injury of the employee that will require the prolonged absence of the employee from duty and •.viii result in a substantial loss of income to the employee due to the exhaustion of all paid leave available.

C. When donated Catastrophic Leave is being used by an employee, helshethey shall be compensated at his/hertheir normal rate of pay as if helshethey was being compensated for that sick leave he/shethey actually accrued. Specifically, the pay scale of the donating employee (whether higher or lower than the employee receiving the donation) shall not be considered in computing salary compensation for the employee who received the Catastrophic Leave Donation.

D. An employee on donated leave will not accrue sick leave, vacation or any other type of leave.

Catastrophic Leave Donation Policy
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E. The City's Catastrophic Leave Donation Plan will comply with all applicable Internal Revenue Service (IRS) codes. The leave will be taxable to the recipient and appropriate withholding will be made by the City. There is no tax liability to the donor.

F. The donating employee will maintain a minimum of forty (40) hours of vacation after the donation has been made.

Catastrophic Leave Donation Policy
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REQUEST TO DONATE/TRANSFER

ACCRUED CATASTROPHIC LEAVE
(FORM 9-1)
SECTION A - Donating Employee
Updated: March 7, 2012
I hereby request approval to donate/transfer a total of ___ hours of my Vacation / Compensatory Time Off (CTO) (circle one) to:

Name: __________ Title: _________ _ Dept.: _ ___ _
I recognize and accept that if my request is approved and the Vacation/CTO is transferred I will have voluntarily given up all rights to be reimbursed or otherwise compensated for the time donated by either the City or the employee receiving the donation.

Type/Print Name Title Department
Signature Date
SECTION B - Administrative Approval
A. Division/Department Head - Donating Employee ( ) Approved ( ) Denied Signature Date
Briefly state reason for approval or denial): _ _______________ _ B. Division/Department Head - Receiving Employee ( ) Approved ( ) Denied Signature Date
Briefly state reason for approval or denial): ________________ _ C. City Manager ( ) Approved ( ) Denied ______________ _ Signature
Briefly state reason for approval or denial): ________________ _ Original - Donating Employee's Personnel File
Copy - Payroll / Personnel File of Employee Receiving Donation Catastrophic Leave Donation Policy
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SEC. 5001E10001 PURPOSE
DIVISION 10

HOLIDAY LEAVE POLICY
Updated: March 7, 2012
The purpose of this Division is to identify City policy with regard to Holiday Leave for eligible employees.

SEC. 5002E10002 HOLIDAY LEAVE DEFINED
The term Holiday Leave refers to the fully compensated, duly authorized time off work taken by an Eligible Employee on, or as compensation for, an approved City Holiday.

SEC. 5003E10003 ELIGIBLE CITY EMPLOYEES DEFINED
All Regular Employees of the City of Los Banos shall be entitled to Holiday Leave Benefits in accordance with the guidelines set forth in this policy. Part-time and Provisional Employees and Volunteers are not entitled to Holiday Leave Benefits. All Regular Employees as defined in Division 1, Section 1009 of these Rules are considered entitled for purpose of holiday leave. A Regular Employee must have been in paid status by the City on the workday preceding and the workday following a holiday to qualify for holiday pay. For the purpose of this paragraph, an employee who is absent on authorized vacation with pay or on accrued sick leave shall be deemed to be employed at such time.

SEC. 5004E10004 APPROVED CITY HOLIDAYS: REGULAR
A. Traditional Work Assignments (Monday Friday)
The following is a list of approved City Holidays for Regular Employees assigned to a traditional Monday - Friday Work Week:

1. New Years' Day- January 1st

2. Martin Luther King Day, Third Monday of January

3. Lincoln's Birthday - February 12th

4. Washington's Birthday - Third Monday of February

5. Memorial Day - Last Monday of May

6. Independence Day- July 4th

7. Labor Day - First Monday of September

8. Veteran's Day - November 11th

9. Thanksgiving Day - Fourth Thursday of November

10. Day after Thanksgiving - Fourth Friday of November

11. Christmas Day - December 25th
Special Note: a) Approved Holidays that fall on Saturday shall be observed the preceding Friday and approved Holidays that fall on Sunday shall be observed on the Holiday Leave Policy
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following Monday; and b) Unless otherwise designated, City Holidays are considered to be eight (8) hours for purposes of time off.

Police and Fire Department eEmployees assigned to a 5/40 regular five day eight (8) hour work schedule are entitled to receive the holidays off that are time off on holidays listed in section 5004E10004, subsection A, of this policy. If they are assigned to work on the holiday, they will receive additional , and compensation for the holiday holiday duty as specified in section §~006E of this policy.

Employees in the Police and Fire Departments who work shift work and who receive holiday in lieu pay shall not be eligible for paid holiday time off. Police and Fire Department employees assigned to a regular five-day, non-shift work schedule are not entitled to receive in lieu holidays credited to employees assigned to shift work.

SEC. 4005E10005 APPROVED CITY HOLIDAYS: SPECIAL
In addition to the Regular approved City Holidays set forth in Section 10004€ , subsection A of this Policy, the Mayor of the City of Los Banos may, by Proclamation, establish any day or part thereof as a Special City Holiday. All Regular Employees, except members of the Police and Fire Departments who are assigned to twenty-four (24) hour shift work, shall be entitled to time off for such Special Holiday periods.

SEC. 5006E10006 COMPENSATION FOR HOLIDAY DUTY
A. All Regular Unrepresented Employees (except Management, Middle Management, and all represented members of the Los Banos Police and Fire Department) who are required to work on an approved Regular or Special Holiday, set forth in Section 10004,, shall be entitled to overtime compensation for the actual hours worked.

B. Police and Fire DepartmentRepresented Employees (except Management, Middle Management, and employees in the Police and Fire Departments who work shift work and who receive holiday in lieu pay, and unrepresented employees) who are assigned to a traditional work week (Monday - Friday) and who are required to work on an approved Regular or Special Holiday, shall be assigned a substituten in lieu of-holiday-;- equivalent to the total hours of the Regular or Special Holiday that they worked. When possible, in lieuthe substitute e-f--holidays shall be assigned in conjunction with the employee~s scheduled days off; exceptieR,- that Law Enforcement Oefficers assigned to schoolsto the assignment of School Resource Officer might may be assigned off on school holidays.

C. Police and Fire DepartmentRepresented Employees (except Management, Middle Management, and unrepresented employees) who are required to work on their scheduled in lieu ofsubstitute -Holiday shall be entitled to overtime compensation for the actual hours worked.

Holiday Leave Policy
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DIVISIONS F

COMPENSATORY TIME OFF (CTO) POLICY
SEC. 5001 F PURPOSE
Updated: March 7, 2012
The purpose of this Division is to identify employee benefits and responsibilities 1.-.iith regard to the accrual and use of Compensatory Time.

SEC. 5002F COMPENSATORY TIME DEFINED
The term Compensatory Time refers to paid time off the job -.vhich is earned and accrued by an employee in lieu of immediate cash payment for hours of employment for which overtime compensation is required by the Fair Labor Standards Act (FLSA) or Employee Employer Memorandum of Understanding (MOU).

SEC. 5003F COMPENSATORY TIME ACCRUAL
A. Eligible Regular Employees who are required to 'Nork in excess of the maximum number of regular hours, as specified by FLSA or MOU, may elect to be compensated for their overtime work through either:

1. Salarv paid at the rate of one and one half times the employee's FLSA regular rate of pay for FLSA 01
,ertime or one and one half times the employee's hourly wage for non FLSA overtime required by an applicable MOU, or

2. Compensatorv Time Off accrued at the rate of one and one half hours for each hour worked over forty (4 0) hours of actual work in the employee's work 'Neek or in accordance with an applicable MOU.

B. For the purpose of this policy; an eligible Regular Employee is a non exempt employee who is employed full time in a position normally funded for 1000 hours or more during a fiscal year, who had (personally or through his/her authorized representative) reached an agreement with the City to elect (at their choice) CTO in lieu of salary.

Special l\'-ote: The decision to elect to rooeiYO CTO rather than paid ov-erlime ls le# totally at the disoretion of the emp!ey-ee.

C. Management and Mid Management employees are not entitled to Compensatory Time accrual and are not allowed to maintain Compensatory Time.

SEC. 5004F MAXIMUM COMPENSATORY TIME ACCRUAL ALLOVVED
A. Unrepresented Miscellaneous Employees: Eligible Employees may (at · their discretion) accumulate a maximum of sixty (60) hours of Compensatory Time in lieu Compensatory Time Off (CTO) Policy
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of being paid overtime. This means that an employee who works forty (40) hours Compensatory Time has accumulated (at time and one half rate) the maximum of sixty (60) hours. All overtime 'Norked in excess of the allowable Compensatory Time accumulation will automatically be paid as salary.
~ Represented Em-ploy-ees should refer to applicable MOU for maximum CTO accrual a/lov;ed.

SEC. 5005F USE OF COMPENSATORY TIME
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 \•.«ithout undue disruption; and 2) the employee makes the request in writing to the supervisor no later than five (5) days prior to the date requested. If the employee does not provide five (5) days' notice, or if the department cannot accommodate the time off, the City •.viii provide the employee the opportunity to cash out the CTO requested at the end of the current pay period.

SEC. 5006F COMPENSATION FOR UNUSED COMPENSATORY TIME
Eligible employees shall, at time of resignation, discharge, or retirement, 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.

Compensatory Time Off (CTO) Policy
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DIVISION 5 G

OVERTIME COMPENSATION POLICY
SEC. 5001G PURPOSE
The purpose of this Division is to identify City policy with regard to Overtime Compensation for eligible employees.

SEC. 5002G OVERTIME DEFINED
Unless otheP.-.iise stated in a Memorandum of Understanding (MOU) or this policy, "o•lertime" is all hours an overtime eligible employee actually 'A'Orks over forty (40) hours in his or hertheir work week, or beyond the number of hours in the applicable 1 •
11,ork period
(e.g. 7k 'Nork period). Overtime is compensated at 1.5 times the Fair Labor Standards Act (FLSA) rate of pay.

SEC. 5003G REQUIREMENT TO ACCEPT OVERTIME ASSIGNMENTS
\f\/hen duly notified (the request is communicated to and acknowledged by the employee), employees are required to accept mandatory overtime assignments. VVhen making such assignments, supervisors are expected to give proper consideration to the desires of the employee, but the needs of the City shall be given priority.

SEC. 5004G OVERTIME RIGHTS
All Eligible Employees of the City of Los Banos, shall be entitled to receive Compensation (in accordance with the guidelines set forth in this policy) for all Overtime •.vorked, except; occasional, unscheduled time of less than eight (8) minutes that occurs immediately before or immediately after an employees tour of duty.

SEC. 5005G ELIGIBLE EMPLOYEES DEFINED
All FLSA non exempt Regular and Part time City Employees shall be eligible for Overtime Compensation. Further, Provisional Employees, 1
.uho are not considered exempt from
overtime requirements under provisions of the FLSA, shall have the same overtime entitlements as those Regular or Part time employees who are performing similar jobs.

SEC. 5006G ESTABLISHED )A'ORK 'A'EEK FOR ALL CITY EMPLOYEES, EXCEPT; LAV\/ ENFORCEMENT OFFICERS AND FIRE FIGHTERS
The established \f\lork \/\leek for all City employees (except La1 N Enforcement Officers and
Fire Fighters) is, 7:00 a.m. Monday to 6:59 a.m. Monday of each consecutive i.11.ieek, except as otherwise designated by City management in writing.

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SEC. 5007G ESTABLISHED WORK PERIOD FOR LNN ENFORCEMENT OFFICERS

AND FIRE FIGHTERS
As permitted under the FLSA 7K Exemption, the established V\'ork Period f.or Law Enf.orcement Officers is a ti.-.ienty eight (28) Day Cycle; date established July 1, 1985. The established \I\Jork Period f.or Fire Fighters is a twenty f.our (24) Day Cycle; date established March 17, 2010.

SEC. 5008G ESTABLISHED V1.'0RK DAY FOR ALL CITY EMPLOYEES, INCLUDING

LAVI/ ENFORCEMENT OFFICERS AND FIRE FIGHTERS
The established 'Nork Day f.or all City employees is, that t\•.«enty f.our (24) hour period of time, from 7:00 a.m. on one calendar day, to 6:59 a.m. on the f.ollowing calendar day.

SEC. 5009G OVERTIME GUIDELINES FOR ALL ELIGIBLE EMPLOYEES, EXCEPT Lft)N ENFORCEMENT OFFICERS AND FIRE FIGHTERS
As required by Federal Labor Law, the City shall provide Overtime Compensation for all time worked in excess of f.orty (40) hours during the established \/\Jerk V\'6ek or in accordance with 0 1.«ertime provisions of the applicable MOU.

SEC. 5010G OVERTIME GUIDELINES FOR ELIGIBLE LNN ENFORCEMENT

OFFICERS
The City will provide Overtime Compensation for all time 'Norked in excess of the employee's regularly assigned 'Nork shift, for any time worked in excess of forty (40) hours in a week, and f.or time worked in excess of one hundred seventy one (171) hours, during the established twenty eight (28) day work period.

SEC. 5011 G OVERTIME GUIDELINES FOR ELIGIBLE FIRE FIGHTERS Federal Labor Law requires payment of Overtime Compensation f.or all time ·.,mrked in excess of one hundred eighty tv.10 (182) hours during an established t\venty four (24) Day \f\Jork Period. In keeping with Federal Labor Lai.\' requirements, the City shall provide Overtime Compensation for all time worked in excess of One hundred eighty two (182) hours during an established t\•.<enty four (24) Day VVork Period to those Fire Fighters who are assigned to shifts (work periods) longer than eight (8) consecutive hours. Such employees are normally assigned to f.orty eight (48) hour shifts.

SEC. 5012G CALL BACK TIME: NON EXEMPT EMPLOYEES
Employees who are required to report to work during their assigned off duty hours shall be entitled to receive a minimum of three (3) hours Call Out even though the actual time worked was less than three (3) hours; except in the following instances:

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A. In the e'Jent the off duty time being 'Norked extends into or begins immediately follo·Ning the employees assigned shift, heishe shall be entitled to compensation for only the actual off duty hours worked.

B. In the event the off duty time being worked is in response to a special assignment mutually agreed upon bet\•;een the employee and the City, the employee shall be entitled to compensation for only the actual hours worked.

C. Employees shall be entitled to recei•;e the three (3) hour Call Back Pay only One (1) time during any twenty four (24) hour period. /\ twenty four (24) hour period, for the purpose of this benefit, shall be considered as 0001 hours 2400 hours. Essentially, an employee could be called out several times during a given t\•1enty four (24) hour period and would receive three (3) hours compensation if the total hours worked were three (3) or less. Conversely, if the total hours worked exceeds three (3), the employee would be compensated for the actual hours worked.

Special .'\1-ote: The €»<pressed purpose of Cal! Back Pay is to compensate emp/-oyees who have their normal off di:J.ty hours disrupted due to unscheduled call backs, court appearances, and other suoh job demands. Jn the event of a disagreement 0•1<Jr entitlement to three (3) hour Call Back Pay, the stated intent of this benefit vJiJ/ be the guiding factor in resolving disputes.

SEC. 5013G OVERTIME APPROVAL REQUIRED
Employees are required to obtain the prior approval of their supervisor before working Overtime, except; when the O>;ertime is being worked in response to an emergency or in accordance with an established operating practice of the City or a Division or Department of the City, appro•;al may be forthcoming after the fact. \/Vorking O•;ertime without advance approval may be grounds for discipline.

SEC. 5014G SUBMITTAL OF REQUEST FOR PAYMENT OF OVERTIME All requests for payment of Overtime shall be submitted in writing, at the time and on the form, prescribed by the City or the employee's Division or Department Head. Failure to submit a properly completed request by the time and date specified as the due date may result in delay in payment and disciplinary action.

SEC. 5015G REVIEV\/AND APPROVAL OF OVERTIME PAY REQUESTS Prior to actual payment, all Overtime requests shall be reviewed and apprm<ed by the employee's supervisor and Division or Department Head. Whene\<er such revie•N establishes that the Overtime worked by an employee was inappropriate or improper, the Supervisor and/or Di•;ision or Department Head shall take necessary corrective action.

Special Note: Any Overtime, Vlhich was worked in violation of a direct order or an established pottoy or practice of the City or the emp/-oyee 's Division or Department, may be Overtime Compensation Policy
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denied and the employ-ee may be subject to disciplinary action. Such action may only be taken with approval of the employee's Division Head, Department Head, or City Manager.

SEC. 5016G COMPENSATORY TIME OFF (CTO) IN LIEU OF OVERTIME

PERMITTED
.'\s provided under the guidelines set f-orth in the City of Los Banos Compensatory Time Off Policy; Division 5 F, eligible employees may elect to recei'1e CTO in lieu of salary.

SEC. 5017G VOLUNTEER TIME NOT COMPENSATED AS OVERTIME
In accordance with the guidelines set f-orth in Division 6 Fair Labor Standards Act, Section 6010, employees may under certain circumstances voluntarily donate their time.

Such bona fide volunteer time is not considered and will not be compensated as Overtime.

Employees are prohibited from volunteering, for the City, to perform the same or similar services 'Nhich they perform as an employee of the City.

SEC. 5018G ASSIGNMENT OF DUTY HOURS
An employee's actual duty hours (daily work times) are assigned and may be adjusted whenever deemed necessary by the City Manager, or the employee's Division Head or Department Head.

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DIVISION 11

EDUCATION INCENTIVE PAY POLICY
SEC. 5001H11 001 PURPOSE
The purpose of this Division is to identify employee rights and responsibilities with regard to their entitlement to Education Incentive Pay.

SEC. 5002H11 002 EDUCATION INCENTIVE PAY DEFINED
SEC. 5003H11 003 ELIGIBLE EMPLOYEES DEFINED
SEC. 5004H11 004 SPECIFIC PAYMENT ENTITLEMENT
Education Incentive Pay bonuses shall be provided in accordance with the following guidelines:

A All Regular employeesJob Classifications shall be compensated as designated in this subsection for completing educational degrees that enhance their ability to do their job, as follows; a) $100 per month for an A.A or AS. Degree; b) $175 per month for a B.A. or B.S. Degree, or c) $225 per month for a M.A. or M.S. Degree.

Special Note: Monthly Education Incentive Pay bonus is in addition to regular monthly salary.

SEC. 5005H11 005 PROCEDURE FOR OBTAINING ENTITLEMENT
Employees who have been awarded a degree (A.A, AS., B.A., B.S., M.A. or M.S.) from an accredited College or University must present two (2) copies of the degree to their Department Head or in the event the employee is the Department Head, the City Manager.

One copy of the degree will be placed in the employee's Department Personnel File; one copy of the degree will be forwarded to the City's Human Resources Director, along with a memo from the Department Head or in the event the employee is the Department Head, the City Manager, requesting the appropriate salary adjustment be made; and one copy of the degree will be placed in the employee's Master Personnel File. The Educational Incentive Pay Increase shall become effective on the first pay period following the date the proof of degree was received by the Department Head or if the employee was the Department Head, the City Manager.

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DIVISION 12

STATE DISABILITY INSURANCE (SDI)/

PAID FAMILY LEAVE (PFL) POLICY
SEC. a004i12001 PURPOSE
Updated: March 7, 2012
The purpose of this Division is to clarify the City's policy with regard to employee participation in the State Disability Insurance (SDI) or Paid Family Leave (PFL) Programs.

SEC. §0@12002 STATE DISABILITY INSURANCE (SDI) I PAID FAMILY LEAVE (PFL): PURPOSE
California's Employment Development Department (EDD) administers the State Disability Insurance (SDI) and Paid Family Leave (PFL) programs. The purpose of SDI is to provide eligible employees with partial wage replacement benefits while they are unable to work due to a qualifying non-industrial illness or injury, or pregnancy-related condition. Specific rules governing actual benefit amounts, rights and responsibilities are set forth in SDI program guidelines and are administered by the State Employment Development Department (EDD).

The purpose of PFL is to provide eligible employees with partial wage replacement benefits while they are off work to bond with a newborn baby, adopted or foster child, or to care for a seriously ill parent, child, spouse or registered domestic partner. Specific rules governing actual benefit amounts. rights and responsibilities are set forth in PFL program guidelines and are administered by the State EDD.mployment Development Department.

SEC. W@12003 ELIGIBLE EMPLOYEES DEFINED
All full time, regular and probationary employees who are members of, or represented by, one of the following named employee groups (and all other employees whoin the City have elected to participate in SDI/PFL, pay SDI/PFL premiumsJ. through the City) and are considered as eligible employees for the purpose of SDI/PFL wage replacement benefitsl!:! accordance with the terms and conditions of the SDI/PFL program.; a) the Los Banos Police Officers Association, b) the Los Banos Police Dispatchers/Community Services Officers Association, c) the Los Banos Fire Fighter's Association, and d) all non represented miscellaneous employees.

Speoial Note: Management and Middle management employees and members or: persons represented by the Los Banos P-olioe Sergeant's Association do not pay premiums and are not entitled to SD! I PFL benefits.

SEC. W0012004 GENERAL STATEMENT
SDI and PFL are personal wage replacement programs, purchased at the sole expense of the participating employee through employee payroll deductions. The City does not fund State Disability Insurance (SDI)
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SDI/PFL benefits. Benefit amounts are solely determined by the EDD. It is the responsibility of those participating employees to know and exercise their rights under the SDI and PFL programs.

It is the employee's responsibility to file any SDI or PFL claims with the State of California.

The City is not involved in the application or benefit payment processes, other than the integration of leave with SDI or PFL payments.

IN ACCORDANCE WITH CALIFORNIA UNEMPLOYMENT INSURANCE CODE SECTION 2656, IT IS UNLAWFUL FOR AN EMPLOYEE TO DRAW AND RETAIN SDI

OR PFL PAYMENTS WHICH, WHEN COMBINED WITH WAGES OR OTHER BENEFITS, EXCEED REGULAR PAY.

DRAWING A COMBINATION OF SDI/ PFL PAYMENTS AND WAGES/ PAID LEAVE IN

EXCESS OF REGULAR PAY IS A VIOLATION OF CITY POLICY, AND MAY RESULT IN DISCIPLINE.

SEC. §OO§l.12005 FILING FOR SDI/ PFL BENEFITS
Applications for SDI / PFL benefits may be obtained through the City's Human Resources Department or on the State EDD's website. When filing for SDI I PFL benefits, employees will be asked to select one of the options outlined in Section 50061 12006 of this policy.

Failure to promptly and accurately complete and file SDI/ PFL forms may result in delay or loss of benefits.

There is a mandatory. seven-day waiting period for State Disability Insurance (SDI) which are unpaid. unless the employee uses accrued paid time off. PFL benefits can begin on the first day of leave.

SEC. 500m12006 CURRENT SDI I PFL OPTIONS
The SDI/PFL program allows for integration of SDI/PFL benefits with accrued, unused paid leave. Integration has the effect of ensuring the employee will receive their normal salary or wages during the period of SDI/PFL wage replacement benefits.

Full integration of paid leave (including Sick Leave (where applicable), Vacation, Compensatory Time Off and leave donations) with SDI/PFL is required in an amount that equals the employee's base salary in conjunction with SDI/PFL benefits. except where the employee is concurrently on designated Family Medical Leave (FMLA/CFRA/PDL). If an employee is concurrently on designated FMLA/CFRA/PDL, the employee may elect to integrate paid leave with SDI/PFL benefits. If an employee on FMLA/CFRA/PDL elects to integrate paid leave with SDI/PFL benefits. the employee is required to use a minimum of the amount of paid leave needed to cover the employee's contribution toward group health insurance. /\. )Nhen an employee applies f.or SDI I PFL benefits, he/she~ may elect to be compensated, upon approval and payment of benefits, in accordance ,.vith one of the f.ollowing options: a) the employee may supplement SDI I PFL payments with the use of State Disability Insurance (SDI)
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accumulated, paid leave (i.e., Sick Lea,,e, CTO, or Vacation Leave) up to the amount of the employee's regular pay, or b) the employee may receive SDI I PFL payments only, not supplemented by the use of accumulated paid leave.

1. The An employee on FLMA/CFRA/PDL must inform the City's Human Resources Department of his/hertheir choice of options upon application for benefits.

Failure to promptly complete the necessary paperwork may result in delays of payment and a possible loss of SDI I PFL benefits.

In order to receive integrated paid leave, the employee must provide a copy of their SDI/PFL statement showing the amount of benefits and period of time for which the employee received SDI/PFL benefits. The City will utilize the employee's SDI/PFL statement as the basis for integration of paid leave. The City shall subtract SDI/PFL benefits paid to the employee by EDD from the employee's gross wages in a pay period, and then divide the remainder by the employee's current City hourly rate, totaling the number of leave hours to be deducted from the employee's leave bank.

The employee is required to integrate enough paid leave per pay period to amount to the employee's base salary in conjunction with SDI/PFL benefits, except (1) in the pay period in which leave is exhausted, and (2) in the pay period in which the employee elects to discontinue integration as specified below.

2. When the employee chooses SDI / PFL payment only (with no payment being made by the City) or when the employee has exhausted all of his/hertheir accumulated paid leave, the employee shall no longer be entitled to accumulate sick leave, CTO, and Vacation Leave. This is consistent with the City's policy that employees do not accumulate paid leave when in unpaid leave status.

The City's contribution to group health insurance benefits will continue during FMLA/CFRA/Pregnancy Disability Leave (POU qualifying leaves in accordance with legal requirements and City policy. Employees on FMLA/CFRA/PDL will be responsible for the employee contribution to group health insurance benefits. If an employee is concurrently on designated FMLA/CFRA/PDL the employee may elect to integrate paid leave with SDI/PFL benefits. If an employee on FMLA/CFRA elects to integrate paid leave with temporary disability benefits, the employee is required to use a minimum of the amount of paid leave needed to cover the employee's contribution toward group health insurance.

After FMLA/CFRA/PDL leave is exhausted, the City's contribution to group health insurance benefits will continue during temporary disability or PFL only for the period of time that the employee fully integrates paid leave, including the pay period in which partial paid leave is used before all remaining paid leave is used. Full integration is defined as using the full amount of paid leave necessary, when combined with wage replacement benefits, to equal the employee's regular pay.

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Once the employee ceases to fully integrate paid leave, the employee may elect to continue coverage by paying the entire monthly premium directly to the carrier or thirdparty administrator. A two percent (2%) administrative fee may apply if coverage is being continued under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

SEC. W0-7-l12007 ADVISORY STATEMENTS
The City has no direct control over administration and operation of the SDI / PFL program, thus rules and guidelines may be changed or modified without the City's knowledge or consent. In view of this fact, employees are advised that it is their personal responsibility to know and exercise their rights under SDI I PFL. Any questions regarding SDI I PFL benefits should be directed to the City's Human Resources Department or to the California EDD.

Ove nts durin • ration can fre r. The m lo i f II r •
for
repaying overpayments from the EDD.

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DIVISION 13

NON-JOB RELATED TEMPORARY LIGHT DUTY POLICY
SEC. 5001J13001 PURPOSE
The purpose of this Division is to establish a policy to allow eligible employees to perform "light duty" assignments on a temporary basis while recuperating from non-job related illnesses or injuries.

For reasonable accommodation of injuries and illnesses that qualify as disabilities under the Americans with Disabilities Act (ADA) or California Fair Employment and Housing Act (FEHA), employees should refer to Division 264+ of these Rules.

SEC. 5002J13002 GENERAL STATEMENT
Eligible employees who are temporarily unable to perform the essential functions of their normal job assignments (with or without reasonable accommodation) while recuperating from a non-job related illness or injury, may at the request of the employee and at the discretion of the City, be assigned to a light duty job for a period not to exceed one hundred twenty-four (124) calendar days; including regular days off, sick days, holidays, compensated time off, vacation days, etc.

SEC. 5003J13003 ELIGIBLE EMPLOYEES DEFINED
Any full-time regular employees who is temporarily under the care of a medical dootorhealth care provider while recuperating from a bona fide non-job related illness or injury is considered an eligible employees for the purpose of this policy.

SEC. 5004J13004 REQUEST FOR LIGHT DUTY ASSIGNMENTS
Requests for "Light Duty Assignments" must be initiated by the employee. Such requests shall be made on the form, Non-job Related Light Duty Assignment Request (&-JFORM ~ -1) included in this division. The Light Duty Request form must be completed by the employee and must contain the signed approval of the physician health care provider having responsibility for care of the employee during his/hertheir recuperation period. The completed Light Duty Request must be submitted to the employee's Division or Department Head.

SEC. 5005J13005 REVIEW OF LIGHT DUTY ASSIGNMENT REQUESTS Upon receipt of a properly completed Light Duty Assignment Request, Division or Department Heads shall take one of the following actions:

A. If there is a bona fide temporary light duty assignment available within the employee~s division or department, the employee shall be temporarily assigned to light duty.

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B. If there is no bona fide temporary light duty assignment available within the employee~s division or department, the request will be forwarded to the City Manager's Office. The City Manager will, upon receipt of the request, determine if a temporary light duty assignment is available in some other division or department of the City. If there is an available light duty position with another division or department the City Manager may temporarily assign the employee to that position. In the event there is no suitable light duty assignment available within the City structure, the employee's request for light duty will be rejected by the City Manager.

An employee's refusal of light-duty work that meets doctor's restrictions may lead to the suspension or termination of SDI benefits because it signals an ability to work.

SEC. 5006J13006 DURATION OF LIGHT DUTY
The maximum length of any light duty assignment pursuant to this Policy shall be no longer than one hundred twenty-four (124) calendar days within any consecutive twentyfour (24) month period. This time limitation shall apply regardless of whether the employee is able to return to full duty or not. Further light duty assignments under this Policy shall not be granted for recuperation periods of seven (7) calendar days or less.

SEC. 5007J13007 ACCEPTING DUTIES OF OTHER JOB CLASSIFICATIONS The decision to request or accept a "light duty" job assignment while recuperating from a non-job related illness or injury is that of the individual employee. Such employee may choose to use accrued Vacation, Sick Leave, or CTO in accordance with City policy rather than such light duty assignment. In the event an employee does opt for a light duty assignment and his/hertheir request is granted, he/shethey may be assigned to work outside his/hertheir normal job classification and duties. During such temporary assignment, the employee will however continue to receive his/hertheir normal salary and benefits.

SEC. 5008J13008 DENIAL OF LIGHT DUTY ASSIGNMENT
Should an employee refuse to accept a light duty assignment which involves work outside the employee's normal job classification, the employee shall be deemed as having declined a light duty assignment and no further such assignments will be offered except as required under Division i 147 of these Rules relating to reasonable accommodation of qualifying disabilities.

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NON-JOB RELATED

LIGHT DUTY ASSIGNMENT REQUEST
(FORM 13-1)
(page 1 of 2)
Updated: March 7, 2012
Employee Name: __________ Title: ______ Dept.: ____ _
Section A - Employee Reg uest:

Due to my temporary inability to perform my normal duty assignment while recuperating from my current non-job related illness/injury, I hereby request a "Light Duty Assignment" for the period beginning _________ and ending __________ _ I recognize that if such Light Duty Assignment is granted I may be assigned to perform duties that are outside my current job classification and I may be temporarily assigned to another department or division. I further acknowledge the City Policy governing Non-Job Related Illness and Injury Light Duty Assignments as contained in City Policy & Procedures Manual Division 13.

Signature Date
Section B - Physicians Comments:

I hereby certify that the above named employee is currently under my care while recuperating from (Describe illness or injury) _______________ _ and that during his/hertheir period of recuperation beginning ___ and ending ___ , he/shethey should be permitted to work in a light duty capacity only. I further understand that the City of Los Banos viei.t,s the following as a Light Duty Assignment; the employee assigned to Light Duty is expected to perform clerical type work (ans\Ner telephones, type, file, operate computer or other business machines, sit or stand inside an office) for a period of eight (8) hours per day. Light duty assignments will not be granted for periods in excess of One hundred twenty-four (124) calendar days.

Typed Name of Physician Physician Address
Signature of Physician Date
Non-Job Related Temporary Light Duty Policy
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Phone No.
620

NON-JOB RELATED

LIGHT DUTY ASSIGNMENT REQUEST
(FORM 13-1)
(page 2 of 2)
Section C - Division/Department Head Review:

Updated: March 7, 2012
( ) Your request for Light Duty Assignment is approved. Effective _____ you are Assigned to the following duties: _____ _______________ _ ( ) Your work hours are as follows: __________________ _ ( ) There is currently no light duty position available within the ________ _ Department; your request is being submitted to the _____________ _ (Department/Division)
If you require reasonable accommodation for a qualifying disability, please refer to Division 17 of the City's Personnel Rules.
( ) Your request for light duty assignment is invalid or incomplete; (specify reasons) Division/Department Head Date
Section D - City Manager Review:
( ) Your request for Light Duty Assignment is approved. Effective _____ you are Assigned to the following duties: ____________________ _ ( ) Your work hours are as follows: __________________ _ ( ) There is currently no light duty position available within the ________ _ Department; your request is being submitted to the ____________ _ _ (Department/Division)
( ) Your request for light duty assignment is invalid or incomplete; (specify reasons) City Manager Date
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DIVISION 14

WORKERS' COMPENSATION REPORTING POLICY
SEC. 5001K14001 PURPOSE
The purpose of this Division is to ensure compliance with reporting requirements for Workers' Compensation Claims.

SEC. 5002K14002 EMPLOYEE RESPONSIBILITY
Employees shall report any job related injury, illness, or lost time or medical treatment due to a job related injury or illness, to their immediate supervisor at the earliest time practical after such injury, illness, lost time, or medical treatment becomes known to the employee.

Failure to report in a timely manner could result in delay or loss of benefits.

SEC. 5003K14003 SUPERVISORS RESPONSIBILITY
Immediately, or as soon as practical, after being notified of a job related illness, injury, lost time, or medical treatment due to a job related illness or injury, the employee's supervisor shall;
A. Immediately direct the employee to call Allied Managed Care, Inc. (AMC Connect) at (844) 691-4111 and obtain a reference number during the call. If the injured employee is unable to call, the Supervisor may call and report the incident on the employee's behalf.. The Nurse will gather information over the phone and help the employee access appropriate medical treatment.

B. In all cases, the "employer" section of the "Workers' Compensation Claim Form" (DWC 1) shall be completed and the "Notice of Potential Eligibility" given to the employee by the Supervisor no later than twenty-four (24) hours after the job related injury, illness, lost time, or medical treatment due to job related injury or illness becomes known to the Supervisor.

1. If the employee wishes to seek treatment (file a workers' compensation claim), the employee must complete the "Employee" section of the DWC 1 Form. If the employee is unable to complete the "Employee" section of the form, the Supervisor may complete the section on the employee's behalf (if possible with assistance of the employee).

2. If the employee does not wish to seek treatment, but later decides to seek treatment (file a workers' compensation claim), the original DWC-1 Form shall be completed by the employee and returned to the Supervisor.

C. The Supervisor shall; a) provide the employee with the DWC-1 form even if the employee chooses not to file a workers' compensation claim and does not Workers' Compensation Reporting Policy
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complete the form, and b) forward the original DWC-1 form to the Human Resources Department.

D. In those cases where there is insufficient information to complete the "Employer" section of the form, the Supervisor or Department shall give the partially completed Employee's Temporary Receipt to the employee at the time of the reported injury and forward the original completed form to the Human Resources Department after the employer's section is completed.

E. In those cases where the job related injury, illness, lost time, or medical treatment due to a job related illness or injury is reported by telephone or through a third party, the "Employer" portion of the DWC 1 form shall be completed as thoroughly as possible and every reasonable effort shall be made to ensure that the original form is delivered to the employee within twenty-four (24) hours after notification of the injury.

A copy of the DWC 1 form should be forwarded to the Human Resources Department and should be noted when/how the form was delivered to the employee. When the required twenty-four (24) hour delivery period cannot be met, the Supervisor or Department shall complete a memo explaining the reasons why delivery could not be made (within the required time period) and submit same to the Human Resources Department.

F. In addition to completing the DWC 1 Form, the Supervisor shall complete and forward to the Human Resources Department a Supervisor's Report of Injury.

G. The Supervisor shall not complete the employee section of the DWC-1 form on the employee's behalf, unless the employee is incapacitated and unable to complete the form.

SEC. 5004K14004 CITY RESPONSIBILITY
A. In those cases where no claim for medical treatment or lost time from work is made by the employee filing the Workers' Compensation Claim Form, the Human Resources Department shall forward the Employee Claim Form marked "First Aid Only" to the City's Workers' Compensation Claims Administrator within five (5) calendar days of the employee reporting the injury to the employer.

B. In those cases where medical treatment is received or time off work does occur, the Human Resources Department shall complete the State of California Employers Report of Occupational Injury or Illness and forward same (along with other appropriate forms) to the City's Workers' Compensation Claims Administrator within five (5) calendar days of the employee reporting the injury to the employer.

SEC. 5005K14005 CONCLUDING COMMENTS {IMPORTANT)
In order to ensure expeditious and appropriate handling of job related injuries and illnesses, it is absolutely essential that employees report all such occurrences in a timely Workers' Compensation Reporting Policy
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manner. Any questions regarding this matter should be directed to the employee's Supervisor or the Human Resources Department.

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DIVISION 15

BILINGUAL INCENTIVE PREMIUM PAY
SEC. 5001L15001 PURPOSE
The purpose of this Division is to identify special premium pay to provide compensation for employees who provide bilingual services on behalf of the City. Furthermore, in order to better serve the needs of its citizens and to provide more efficient and effective customer service; the City of Los Banos recognizes the positive advantages of having City employees who are able to communicate in Spanish.

SEC. 5002L 15002 BILINGUAL INCENTIVE PREMIUM PAY DEFINED The term Bilingual Incentive Premium Pay refers to compensation for employees who are routinely and consistently assigned to assignments requiring communication skills in Spanish and other non-English languages as approved by the Human Resources Director the continuous monthly bonus paid to eligible employees who are expected to handle basic, simple, general City service inquiries.

SEC. 5003L 15003 ELIGIBLE EMPLOYEES DEFINED
For the purpose of this policy, all regular full-time employees of the City of Los Banos who have passed the comprehensive testing coordinated by the Human Resources Director or designee and are subject to a work assignment which routinely and consistently requires substantial bilingual skills may be eligible for bilingual incentive pay. An employee who agrees to participate in this program recognizes that they may be required to provide the communication skill service on an "as needed basis" for the City as a whole and not just their department.

The Department Head and Human Resources Director retain full discretion to designate or conclude bilingual assignments. The City retains its management right to assign designees to perform bilingual services for other City departments.

SEC. 5004L 15004 SPECIFIC PAYMENT ENTITLEMENT
When a Department Head, with the approval of the Human Resources Director, designates an assignment as routinely and consistently requiring substantial bilingual skills, an employee in the designated assignment, who has first demonstrated proficiency in the required language that is acceptable to the Department Head and Human Resources Director, shall be eligible to receive a pay premium as follows:

A. $50 per month - Basic Verbal Skills; or
B. $100 per month - Comprehensive Verbal Skills; or
A-~$150 per month -Verbal, Written Presentation Skills.

Monthly Bilingual Incentive Premium Pay bonus is in addition to regular monthly salary.

Bilingual Incentive Pay
15-1
625
Updated: February 6, 2019
SEC. 5005L 15005 PROCEDURE FOR OBTAINING ENTITLEMENT
In order to qualify for Bilingual Incentive Premium Pay, employees will be required to use their bilingual skills and pass comprehensive tests given by the City.

The Bilingual Incentive Pay increase shall become effective on the first pay period following the date the proof of proficiency was received by the Department Head or if the employee was the Department Head, the City Manager.

Bilingual Incentive Pay
15-2
626
Updated: June 18, 2014
DIVISION 16

FAIR LABOR STANDARDS ACT
SEC. 16001 INTRODUCTION
The purpose of this Division is to identify City policy with regard to establishment of specific employment categories and implementation of various work rules, which are governed totally or in part by provisions of the Fair Labor Standards Act (FLSA).

SEC. 16002 FAIR LABOR STANDARDS ACT DEFINED
The FLSA sets minimum pay, overtime pay, equal pay, record keeping, and child labor standards for those employees covered by the Act. Adopted by the U.S. Congress in 1938, the FLSA initially applied only to prhmte sector employees. On February 19, 1985, the U.S. Supreme Court ruled, in Garsia vs. San Antonio Transit Authority, that the FLSA also coi1ered Public Employees.

SEC. 16003 POSITION STATEMENT
It is the expressed intent of the City of Los Banos to comply with the legal requirements imposed by the FLSA. In keeping with this goal, the City declares that; a) If any part of this or other Divisions of the City of Los Banos Policy & Procedures Manual are in conflict with requirements of the FLSA, the FLSA shall be the dominate authority, and b) Any requirements not specifically covered in this or other Divisions of the City of Los Banos Policy & Procedures Manual shall be handled in accordance with the applicable provisions of the FLSA.

SEC. 16004 NON-COVERED EMPLOYEES AND INDIVIDUALS (No Overtime Entitlement)
The following City employees and other individuals are not covered by any part of the FLSA: a) elected officials; b) bona fide volunteers; c) City Boards and Commissions; d) Independent contractors; e) Legal advisors; f) Prison inmates in a state prison work programefS or county work-in-lieu program; g) Certain trainees/unpaid interns.

SEC. 16005 EXEMPT EMPLOYEES (No Overtime Entitlement)
City employees, as defined in Division 1, Section 1009 are considered exempt from the minimum wage and overtime requirements of the FLSA.

A. Absences During the Workday
All City employees, including FLSA-exempt employees, are required to be at work during their specified work hours. Exempt employees are not entitled to time off based on hours worked in excess of their scheduled work hours during a previous day.

Fair Labor Standards Act
16-1
627
Updated: June 18, 2014
Exempt employees shall be required to use accrued leave to cover an absence from work, where the absences is greater than two (2) hours or greater than a full workday.

The use by an employee of sick or vacation leave to cover an absence of less than a full workday is not considered to be a deduction of pay for FLSA purposes.

The City may also reduce an exempt employee's pay for absences for personal reasons or because of illness or injury of less than one (1) work day when the employee does not use accrued leave because:

1. The employees sought permission, which was denied, or did not seek permission;

2. The employee has exhausted all accrued leave; or

3. The employee chooses to use leave without pay. (29 C.F.R. § 541.710(a).) SEC. 16006 NON-EXEMPT EMPLOYEES (Overtime Entitlement)
All City employees as defined in Division 1, Section 1009 are considered to be covered by all applicable provisions of the FLSA, including minimum wage and overtime requirements.

A. Overtime Compensation Policy

1. Purpose
The purpose of this Division is to identify City policy with regard to Overtime Compensation for eligible employees.

2. Overtime Defined
"Overtime" under the FLSA ("FLSA overtime") is defined as all hours an overtime-eligible employee actually works over forty (40) hours in their applicable work period, unless otherwise indicated for law enforcement officers and fire employees. FLSA overtime is compensated at 1.5 times the employee's regular rate of pay as defined by FLSA regulations.

Separate and apart from FLSA overtime is overtime paid pursuant to City policy, practice and/or labor agreement, which is known as City or "contractual" overtime. The City has chosen to count paid leave time, including sick leave hours used, as hours worked for the purpose of calculating overtime. This provision is contractual and not required under the FLSA. Provisions providing contractual overtime may be modified by a MOU or other written agreement or policy approved by the City Council.

Unless otherv,ise stated in a Memorandum of Understanding (MOU) or this polioy, "overtime" is all hours an O'Jertime eligible employee aotually •;.iorks over forty (40) hours in his or her work week, or beyond the number of hours in the applioable work period (e.g. 7k work period). Q•;ertime is oompensated at 1.5 times the Fair Labor Standards Aot (FLSA) rate of pay.

Fair Labor Standards Act
16-2
628
Updated: June 18, 2014

3. Requirement to Accept Overtime Assignments
When duly notified (the request is communicated to and acknowledged by the employee), employees are required to accept mandatory overtime assignments. When making such assignments, supervisors are expected to give proper consideration to the desires of the employee, but the needs of the City shall be given priority.

4. Overtime Rights
All Eligible Employees of the City of Los Banos, shall be entitled to receive Compensation (in accordance with the guidelines set forth in this policy) for all Overtime worked, except; occasional, unscheduled, de minimis periods of time as defined by the FLSA that occurs immediately before or immediately after an employee's tour of duty. De minimis under the FLSA is insubstantial or insignificant periods of time beyond the scheduled working hours, which cannot as a practical administrative matter be precisely recorded for payroll purposes. Ttime of less than eight (8) minutes that occurs immediately before or immediately after an employee~s tour of duty on an occasional unscheduled basis is considered de minimis.

5. Eligible Employees Defined
All FLSA non-exempt Regular and Part-time City Employees shall be eligible for Overtime Compensation. Further, Provisional Employees, who are not considered exempt from overtime requirements under provisions of the FLSA, shall have the same overtime entitlements as those Regular or Parttime employees who are performing similar jobs.

6. Established 7-Day Work Period\l\leek for All City Employees, Except Law Enforcement and Firefighters
The established 7-Day Work \/\leek Period for all City employees (except Law Enforcement Officers and Firefighters) is, 7:00 a.m. Monday to 6:59 a.m.

Monday of each consecutive week, except as otherwise designated by City management in writing.

7. Established Work Period.§. for Law Enforcement Officers and Firefighters As permitted under the FLSA 7K Exemption, the established Work Period for Law Enforcement Officers is a twenty-eight (28) Day Cycle; date established July 1, 1985.

The established Work Period for Firefighters is a twenty-four (24) Day Cycle; date established March 17, 2010.

Fair Labor Standards Act
16-3
629
Updated: June 18, 2014

8. Established Work Day for All City Employees, Including Law Enforcement Officers and Firefighters
The established Work Day for all City employees is, that twenty-four (24) hour period of time, from 7:00 a.m. on one calendar day, to 6:59 a.m. on the following calendar day.

9. Overtime Guidelines for All Eligible Employees, Except Law Enforcement Officers and Firefighters
As required by FLSA, the City shall provide overtime compensation for all time worked in excess of forty (40) hours during the established Work Week or in accordance 'Nith overtime provisions of the applicable MOU. This overtime is known as "FLSA overtime".

10. Overtime Guidelines for Eligible Law Enforcement Officers Pursuant to the FLSA. the City has established a designated 207(k) work period of twenty-eight (28) days, in which overtime compensation is paid for actual time worked in excess of one hundred seventy-one (171) hours during the established twenty-eight (28) day work period. Overtime paid pursuant to this provision is known as "FLSA overtime."
The City also provides overtime compensation in accordance with any applicable MOU or other written agreement or policy approved by the City Council including these Rules. Although not required by the FLSA, the City counts paid leave time as hours worked for the purpose of calculating overtime. The City also provides overtime compensation for all time worked in excess of the employee's regularly assigned work shift and for any time worked in excess of forty (40) hours in a week. Any overtime beyond what is required by the FLSA is known as contractual overtime. The City \Viii provide Overtime Compensation f.or all time worked in excess of the employee's regularly assigned 1.t.1ork shift, f.or any time worked in excess of f.orty (40) hours in a week, and f.or time worked in excess of one hundred seventy one (171) hours, during the established twenty eight (28) day work period 11 . Overtime Guidelines for Eligible Firefighters
Fair Labor Standards Act
16-4
630
Updated: June 18, 2014
Pursuant to the FLSA. the City has established a designated 207(k) work period of twenty-four (24) days for those fire fighters who are assigned to shifts (work periods} longer than eight (8) consecutive hours. Under this designated 207(k) work period, overtime compensation is paid for actual time worked in excess of one hundred eighty-two (182) hours during the established twenty-four (24) day work period. Overtime paid pursuant to this provision is known as "FLSA overtime." Employees on the designated 207(k) work period are normally assigned to forty-eight (48) hour shifts.

The City also provides overtime compensation in accordance with any applicable MOU or other written agreement or policy approved by the City Council including these Rules. Although not required by the FLSA. the City counts paid leave time as hours worked for the purpose of calculating overtime. Any overtime beyond what is required by the FLSA is known as contractual overtime. Federal Labor La•N requires payment of 0 11ertime Compensation for all time 1.t.1orked in excess of one hundred eighty tv . .io (182) hours during an established twenty four (24) Day VVork Period. In keeping with Federal Labor Law requirements, the City shall provide Overtime Compensation for all time worked in excess of One hundred eighty two (182) hours during an established twenty four (24) Day VVork Period to those Fire Fighters who are assigned to shifts (work periods) longer than eight (8) consecutive hours. Such employees are normally assigned to forty eight (48) hour shifts.

12. Call Back Time: Non-exempt Employees
Employees who are required to report to work during their assigned off duty hours shall be entitled to receive a minimum of three (3) hours Call Out even though the actual time worked was less than three (3) hours; except in the following instances:
(a) In the event the off duty time being worked extends into or begins immediately following the employees assigned shift, they shall be entitled to compensation for only the actual off duty hours worked. (b) In the event the off duty time being worked is in response to a special assignment mutually agreed upon between the employee and the City, the employee shall be entitled to compensation for only the actual hours worked. (c) Employees shall be entitled to receive the three (3) hour Call Back Pay only One (1) time during any twenty-four (24) hour period. A twenty-four (24) hour period, for the purpose of this benefit, shall be considered as 0001 hours 2400 hours. Essentially, an employee could be called out several times during a given twenty-four (24) hour period and would receive three (3) hours compensation if the total hours worked were three (3) or less.

Fair Labor Standards Act
16-5
631
Updated: June 18, 2014
Conversely, if the total hours worked exceeds three (3), the employee would be compensated for the actual hours worked.

Special Note: The expressed purpose of Call Back Pay is to compensate employees who have their normal off duty hours disrupted due to unscheduled call backs, court appearances, and other such job demands. In the event of a disagreement over entitlement to three (3) hour Call Back Pay, the stated intent of this benefit will be the guiding factor in resolving disputes.

13. Overtime Approval Required
Employees are required to obtain the prior approval of their supervisor before working Overtime, except; when the Overtime is being worked in response to an emergency or in accordance with an established operating practice of the City or a Division or Department of the City, approval may be forthcoming after the fact. Working Overtime without advance approval may be grounds for discipline.

14. Submittal of Request for Payment of Overtime
All requests for payment of Overtime shall be submitted in writing, at the time and on the form, prescribed by the City or the employee's Division or Department Head. Failure to submit a properly completed request by the time and date specified as the due date may result in delay in payment and disciplinary action.

15. Review and Approval of Overtime Pay Requests
Prior to actual payment, all Overtime requests shall be reviewed and approved by the employee's supervisor and Division or Department Head.

Whenever such review establishes that the Overtime worked by an employee was inappropriate or improper, the Supervisor and/or Division or Department Head shall take necessary corrective action.

Special Note: An employee who works any Overtime in violation of a direct order or an established policy or practice of the City or the employee's Division or Department, may be subject to disciplinary action. Such action may only be taken with approval of the employee's Division Head, Department Head, or City Manager.

B. Compensatory Time Off (CTO) in Lieu of Overtime

1. Purpose
The purpose of this Division is to identify employee benefits and responsibilities with regard to the accrual and use of Compensatory Time.

Fair Labor Standards Act
16-6
632
Updated: June 18, 2014

2. Compensatory Time Defined
The term Compensatory Time refers to paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for hours of employment for which overtime compensation is required by the Fair Labor Standards Act (FLSA) or Employee-Employer Memorandum of Understanding (MOU) or other written agreement or policy approved by the City Council including these Rules.

3. Compensatory Time Accrual
(a) Eligible Regular Employees who are required to work in excess of the maximum number of regular hours, as specified by FLSA or MOU or other written agreement or policy approved by the City Council including these Rules, may elect to be compensated for their overtime work through either:
(1) Salary - paid at the rate of one and one half times the employee's FLSA regular rate of pay for FLSA overtime or one and one half times the employee's hourly wage for non-FLSA overtime required by an applicable MOU or other written agreement or policy approved by the City Council including these Rules, or
(2) Compensatory Time Off - accrued at the rate of one and one half hours for each hour worked over forty (40) hours of actual work in the employee's work week or in accordance with an applicable MOU or other written agreement or policy approved by the City Council including these Rules.
(b) For the purpose of this policy; an eligible Regular Employee is a nonexempt employee who is employed full-time in a position normally funded for 1000 hours or more during a fiscal year, who had (personally or through his/her their authorized representative) reached an agreement with the City to elect (at their choice) CTO in lieu of salary.

Special Note: The decision to elect to receive CTO rather than paid overtime is left totally at the discretion of the employee.
(c) Management and Mid-Management employees are not entitled to Compensatory Time accrual and are not allowed to maintain Compensatory Time.

4. Maximum Compensatory Time Accrual Allowed
Fair Labor Standards Act
16-7
633
Updated: June 18, 2014
-Employees should refer to applicable MOU
for maximum CTO accrual allowed.

5. Use of Compensatory Time

6. 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 (5) days prior to the date requested. If the employee does not provide five (5) 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.
+7-:-. - -\Compensation for Unused Compensatory Time--
Eligible employees shall, at time of resignation, discharge, or retirement, 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.

C. Volunteer Time Not Compensated as Overtime
In accordance with the guidelines set forth in Section 16006(G) below, employees may under certain circumstances voluntarily donate their time. Such bona fide volunteer time is not considered and will not be compensated as Overtime.

Employees are prohibited from volunteering, for the City, to perform the same or similar services which they perform as an employee of the City.

D. Assignment of Duty Hours
Fair Labor Standards Act
16-8
634
Updated: June 18, 2014
An employee's actual duty hours (daily work times) are assigned and may be adjusted whenever deemed necessary by the City Manager, or the employee's Division Head or Department Head.

SEC. 6007 ESTABLISHED VVORK PERIOD FOR L.NN ENFORCEMENT OFFICERS AND

FIRE FIGHTERS
As permitted under the FLSA 7K Exemption, the established VV-ork Period f.or Law Enf.orcement Officers is a t\1•
1enty eight (28) Day Cycle; date established July 1, 1985. The established 'Nork Period f.or Fire Fighters is a twenty f.our (24) Day Cycle; date established March 17, 2010.

SEC. 6008 ESTABLISHED VVORK 'A'EEK FOR ALL CITY EMPLOYEES (Except Police Officers and Fire Fighters)
The established 'A1ork•Neek f.or all City employees, except Police Officers and Fire Fighters, is 7:00 a.m. Monday, to 6:59 a.m. Monday, of each consecutive 1Neek.

SEC. 6009 COMPENSATORY TIME OFF IN LIEU OF OVERTIME PERMITTED In accordance 1.it.1ith FLSA guidelines, Non exempt employees may, at their discretion, be compensated f.or m:ertime through accumulation of Compensatory Time (at the rate of one and one half hours f.or each hour worked) in lieu of receiving pay. Ref.er to the City of Los Banos Compensatory Time Off Policy for specific guidelines.

E. Mutually Agreed Upon Time Trades
As permitted by FLSA guidelines, employees may, in accordance with the guidelines established by their Department or Division Head, engage in mutually agreed upon work time trades. The City will not maintain any records on such trades nor will it bear any responsibilities for payment of time worked if agreements reached between employees are not honored.

F. Non-Compensated Work Time Prohibited
Non-exempt employees are strictly prohibited from volunteering or donating their time to the City by performing any work or function that is the same or similar to their regularly assigned duties.

Special Note: Any questions regarding this area should be directed to the Human Resources Director. Employees found in violation of this section shall be subject to disciplinary action.

G. Volunteer Time Permitted
Fair Labor Standards Act
16-9
635
Updated: June 18, 2014
Non-exempt employees are permitted to volunteer their time to the City provided the task or job they are performing is substantially different than their normal assigned duties, and they are volunteering outside of their normal working hours.

Special Notes: a) In order to be permitted under FLSA guidelines any donated time (under this section) must be done totally at the choice of the employee, and b) In order to insure that donated or volunteer time would qualify under this section, employees must obtain approval for such activities from Department or Division Heads
H. On Call Time
The term "On Call Time" refers to that period of time when an employee who is actually off duty is required to; a) be immediately available for contact by telephone, pager, or radio, and b) be able to report to his/hertheir assigned duty station no later than thirty (30) minutes after being notified to do so. Employees who are On Call may engage in any type of personal activity they choose, except use of alcohol or drugs.

Special Note: As permitted under provisions of the Fair Labor Standards Act, no Overtime Compensation is provided for On Call Time.

I. Time Sheets Required
J.

Employees are responsible for legible, accurate, and timely completion of their Time Sheets, regular and overtime. Failure to properly complete these required documents within the time frame specified by the City or Department of the City may subject the employee to disciplinary action.

Prohibited Salary Deductions

1. Prohibited Deductions
Notwithstanding any other provision in these Policies, the City will not impose a disciplinary suspension (one day or more) on any FLSA-exempt employee unless:
a. The discipline is for a violation of a workplace conduct rule; and b. The discipline is imposed in good faith.

FLSA-exempt employees will not be reduced in pay or demoted on a temporary basis except for the violation of a safety rule of major significance.

2. Complaint Procedure
Fair Labor Standards Act
16-10
636
K.

Updated: June 18, 2014
An FLSA-exempt employee who believes his or hertheir salary has been subject to a prohibited deduction should notify the Human Resources Director who will investigate the matter as necessary.

SEC. 6016 OUT OF CLASS PAY {MO\lEJJ TO DIV!SION 4 AND REVISED) An employee 1.¥ho is temporarily directed by his or her supervisor in writing to serve in a regular higher position will be compensated at a higher rate of pay in accordance with the following.:.:

A To be eligible for the additional compensation, the employee must first accumulate thirty (30) regular 1
Norking shifts of assignment in the higher class •1.1ithin any twel11e (12) month period. The days of out of class assignment need not be consecutive.

Once this qualification is satisfied, no additional re qualification •.viii be required.

If the City is aware at the beginning of the out of class assignment that the assignment will exceed thirty (30) regular 1orking shifts then the pay will begin on the first shift of the assignment.

B. Temporary assignments out of class shall be recorded only in full shift units.

An employee 1.vorking out of class for less than one full shift will not be credited 1.vith 1 Norking out of class service time.

To qualify for out of class pay, an employee must be assuming substantially the full range of duties and responsibilities of the higher level position. Out of class pay is not authorized, for example, if the organization of a 1Nork unit is such that each unit employee carries on his normal duties during the temporary absence of a supervisor, without a need for the direction which the supervisor would pro1 1ide on a
longer term basis.

D. Time worked in a higher class shall not earn credits toward the completion of probationary requirements in the higher class.

An employee 1.vho has qualified under these provisions shall be compensated at the minimum rate established for the higher class for each completed work ~shift served in the higher class. In the event of overlapping salary ranges, a one step di:ff-Orential shall be paid for out of class assignments. The higher rate of pay shall be used in computing overtime when authorized 0 11ertime is served in a non exempt, out of class work assignment. The overtime rate shall be the rate established by the overtime regulations that apply to the higher class.

Fair Labor Standards Act
16-11
637
DIVISION 17

EMPLOYEE CLASSIFICATION
Updated: March 7, 2012
SEC. -7-00417001 INTRODUCTION
The purpose of this Division is to identify City policy with regard to the establishment of Employee Job Classifications.

SEC. -7002-17002 EMPLOYEE JOB CLASSIFICATION DEFINED
The term "Employee Job Classification" refers to the specific job title given to an employee or groups of employees to denote the type of work performed.

SEC._-7-00d17003

CLASSIFICATION
ESTABLISHMENT. ABOLISHMENT, OR MODIFICATION OF JOB
The City Manager, with approval of the City Council, shall have sole the authority to establish, abolish, or modify an employee job classification whenever such action is deemed to be in the best interest of the City.

Job Classification Plan (Salary Schedule)
The City Manager shall ascertain and record the duties and responsibilities of all positions and, after consulting with affected department heads and Human Resources Director, shall recommend a job classification plan (salary schedule), including job descriptions, for such positions. The City will provide affected bargaining unit(s) the opportunity to meet and confer over the impacts and effects of abolishment and modification of a represented job classification and/or job description, to the extent required by law. The job classification plan (salary schedule) and any revisions thereof shall become effective upon approval of the City Council.

Following the approval of the classification plan (salary schedule), the City Manager shall allocate every position to one of the classifications established by the job classification plan (salary schedule).

When a new job classification is created, it may not be filled until the job classification plan (salary schedule) and City budget have been amended to provide funding for the new position(s).

Job Classification Analysis
A Department Head may request, and the Human Resources Director may approve, the study of a job under their supervision. Pursuant to the results of an approved job study, the Human Resources Director may recommend reclassification of a position.

Reclassifications shall become effective upon approval of the City Council.

Employee Classification
17-1
638
Updated: March 7, 2012
SEC. 1-004---17004 ASSIGNMENT TO SPECIFIC JOB CLASSIFICATIONS Employees who perform substantially similar work, with respect to duties, difficulty, and responsibility, shall be included within the same Employee Job Classification. This approach shall be applied to both existing and newly created positions.

The City Manager or their designated representative has sole authority over assignment of employees to specific Job Classifications.

SEC. +OOa-17005 JOB DESCRIPTIONS REQUIRED
The City shall develop and maintain a written Job Description for every Regular, Part-time, Provisional, or permanently established Volunteer employee classification that falls under the direct command of the City Manager, Department Heads, or Division Heads. Such Job Descriptions shall include, among other things; a) position title, b) Department employed, c) employment category, d) employment level, e) title of employee's supervisor(s), f) title of employees supervised, g) description of duties, h) minimum qualifications. and i) desirable qualities (e.g. preferred education level and experiences) for the person in the position, and i) selection process.

SEC. 7006 V\.lQRKING OUTSIDE JOB CLASSIFICP.TION(MOVED TO D!'IIS!OlV 4) Employees shall not be required to perf.orm duties not compatible 1Nith those prescribed for their speoifio Job Classification, e:xoept; a) 1
Nhen deemed necessary to deal with an
emergency or crisis situation occurring 1Nithin or outside the City, b) when temporarily assigned to an .A.sting Capacity at a higher rank or position, or o) when the employee voluntarily performs duties in a Job Classification different from his/her m".'n.

Special Note: 1/'Jhile the description of dtJties contained in emp!oyee o'ob Descriptions provide a basic understanding of required dtJties, this should not be considered as all incl-usiv-e. Although not specifical!y mentioned, any operation, task, or function that is significantly sim#ar to the dtJties set f-Orlh in a Job Desoription and in oonf-Ormanoe 11lith indtJstry standards shall be oonsidered oompatib!e with suoh ofeb Classification.

SEC. -700-717006 VOLUNTARY AND INVOLUNTARY TRANSFERS
A regular employee may initiate a request to transfer to another job classification in the same or lower classification for which the employee is qualified in the opinion of the City Manager or designee by submitting a letter to the Human Resources Department requesting a transfer. The request will be kept on file for one (1) year from the date of receipt. With the approval of the department head for whom the employee now works and the department head for whom the employee wishes to work, the employee will be transferred to the new position when the first vacancy becomes available. If more than one employee applies for transfer to the same position, selection is within the sole discretion of the City Manager or designee.

Employee Classification
17-2
639
Updated: March 7, 2012
Employees with the following concerns are not eligible for a voluntary transfer, except with approval of the Department Head and concurrence of City Manager: witR

1. 2.

3. tess-Less than one ( 1) year of service.~
J1,ess than satisfactory performance evaluations on their most recent evaluation and/or within the 12 months prior to the transfer request; aru:1-or a-8.._disciplinary suspension, reduction in pay or equivalent disciplinary action within the last year are not eligible for a voluntary transfer.

The City may involuntarily transfer an employee at any time for reasons of efficiency, supervision, safety or morale. Whenever possible, an employee being transferred from one position to another position in the same class, or a comparable class at the same salary level, will receive five (5) working days: notice. If the transfer requires the employee to move equipment from one location to another, the employee •♦till receive seven (7) working days notice.

If a peace officern employee disputes the involuntary transfer, the employee may appeal in accordance with his or hertheir rights under the Peace Officer Bill of Rights (POBR). If a firefighter disputes the involuntary transfer, the employee may appeal in accordance with their rights under--M the Firefighter Bill of Rights (FBOR). An-The employee may, within two (2) days of the Notice of Transfer, file a written appeal with the Human Resources Director or designee setting forth the reasons therefore. Any appeal filed must be based upon the alleged violation of the requirements for transfer and/or procedure followed. The City Manager or designee's decision shall be final.

SEC. -700817007 RESIGNATIONS
A resignation becomes final when accepted by the appointing authority. Once a resignation has been accepted by the appointing authority, it cannot be withdrawn.

SEC. -700917008 JOB ABANDONMENT
An employee is deemed to have resigned from their position if the employee is absent for five (5)three (3) consecutive, scheduled work days/shifts without prior authorization and without notification during the period of the absence. Only regular employees will receive written notice of intent to terminate, at their address of record, of the circumstances of the job abandonment, and an opportunity to respondprovide an explanation for the employee's unauthorized absence., and final notice of termination for job abandonment. An employee who promptly responds to the City's written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Director of Human Resources 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 a-Ry-the right to evidentiary post-separation appeal.:. for separation due to job abandonment.

Employee Classification
17-3
640
Updated: March 7, 2012
SEC. 70-W17009 LAYOFF
A
B.

Statement of Intent: Whenever, in the judgment of the City Council, a reduction in personnel is necessary for economic or operational reasons, any employee may be laid off or demoted for non-disciplinary reasons. 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 1 .-.iithout the right of
appeal.

Notification: Employees to be laid off will be given, whenever possible, at least fortyfive (45) calendar days' prior notice. An employee who has any questions regarding the layoff decision or process should make an appointment with the Director of Human Resources.

Order of Layoff: Employees will be laid off in the inverse order of their seniority in their classification in the department in accordance with California Government Code Section 45100. Seniority is determined based upon date of hire in the affected classification and higher classifications in the department. Length of employment includes all days of employment in attendance at work and on authorized or legally-protected leaves of absence. Length of service does not include unauthorized periods of leave or suspension or layoff. Within each classification, employees will be laid off in the following order: temporary; part-time; probationary; and for-cause status. Part time employees in a classification shall be laid off bef.ore full time employees in the same classification. . If the employees' hiring lists are not available, employees will be laid off in the inverse order of their seniority in the department. If time in the department is equal between two (2) or more affected employees, employees will be laid off in the inverse order of total time in service to the City. For firefighters, time spent as volunteers in the reserve shall be included in calculating an employee's total time in City service.

If total time in service to the City is equal between two (2) or more affected employees, the employees' performance evaluations shall serve as the determining factor.

D. Bumping: \I\Jithin seven (7) calendar days from the date layoff notices are issued, an A for-cause employee .. who would otherwise be laid off and who has held for-cause status in a lower classification within the same classification series in the same department, may elect to displace an employee in a classification carrying the same or lower maximum rate of pay; provided, however, that the displacing employee must have held regular status in such classification and have greater total service time than the employee being displaced in that classification. Within seven (7) calendar days from the date layoff notices are issued, the employee who seeks to displace another must provide the Director of Human Resources with written notice.

Employee Classification
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E.

Updated: March 7, 2012
A probationary or regular employee displaced in accordance with this paragraph shall, in turn, be provided the same notice and "bumping" privilege as set forth in this paragraph.

Demotion In Lieu of Layoff: Upon request of the employee, and with approval of the appointing authority, an employee who has not held status in a lower classification may be allowed to demote to a vacant authorized position if he/shethey meets all the requirements of the lower position as determined by the appointing authority.

All employees who are demoted under this paragraph will be paid at the rate of pay for the lower position and will serve a new, six (6) month probationary period.

Transfer In Lieu Of Layoff: The appointing authority may transfer a for cause R employeeJ. who is subject to layoff, to a vacant authorized position if the employee is qualified and technically capable of performing the duties of the vacant position, as determined by the appointing authority. Employees who are transferred will be paid at the rate of the position into which they transfer. Any employee who does not accept a transfer within twelve (12) working days after a Notice of Transfer is given, will have automatically forfeited the ability to transfer.

Appeal: An employee who has any questions regarding the layoff decision or process should make an appointment to be heard by the Director of Human Resources for an informal pre-layoff review. The employee must request this appeal in writing within five (5) business days from the date of the notice of layoff. The Director of Human Resources' decision is final.

Re-employment Rights for Laid-off Employees: Employees who have been laid off shall be automatically placed on a re-employment list for three (3) years from their date of separation for the classification from which they were laid off. Probationary employees who are reinstated from the reemployment list after layoff shall be credited for prior service performed toward completion of their probationary period.

SEC. 7Q4417010 RE-EMPLOYMENT
The names of regular employees who have been laid off and regular employees who have been demoted as a result of a layoff or 11.1ho have exhausted all leave time and are medically unable to return to work shall be placed on a re-employment list in the order of their seniority within their classification from highest to lowest. Such names shall remain thereon for a period of three (3) years unless such persons are sooner re-employed.

Vacant positions within a classification series will first be offered to employees on this list.

As a vacancy within the classification becomes available, the name appearing at the top of the list shall be selected to fill the vacancy. An employee 1 .vho is selected from the list to fill
the vacancy, who refuses the assignment, or who fails to respond to the notice of selection within the requisite time period, will be removed from the list without right of appeal. It is the employee's responsibility to ensure the City has up to date contact information for the employee.

Employee Classification
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Updated: March 7, 2012
Employees who are demoted as a result of a layoff ,.viii have their names placed on a classification re employment list, in order of their classification seniority. Vacant positions within a classification series will first be offered to employees on this list.

SEC. -7G-1-217011 REINSTATEMENT
A regular employee who is reinstated from the reemployment list following layoff will have his/hertheir sick leave balance at the time of layoff restored. For the purpose of all other benefits, including accrual of leaves, the time between layoff and re-employment will be considered a break in service, and re-employment will be as if the employee was newly hired. A regular employee who is laid off and re-employed from the re-employment list, or who is demoted in lieu of layoff will receive a seniority date based on time served in the classification for which re-employed, and any higher classification.

A regular employee who has resigned, or has otherwise been separated (other than by layoff) while in good standing, may be considered for reinstatement, in accordance with Section 3003(C). upon recommendation of the Department Head and approval of the City Manager, to a position in the former employee's classification for a period of two (2) years after resignation or separation. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a ne1N annh.iersary date which shall be the first date of employment upon reinstatement. The employee 1Nill sePti1e a new probationary period.

Employee Classification
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DIVISION 18

RULES OF CONDUCT
SEC. 800418001 INTRODUCTION
Updated: March 7, 2012
The purpose of this Division is to identify specific employee rights and responsibilities, which may not have been thoroughly addressed in other parts of the City Personnel Rules.

SEC. 800218002 COMPETENCY REQUIRED
Employees are expected to discharge their duties in a decisive, impartial, and efficient manner. Employees who are unable or unwilling to properly perform their assigned duties shall be considered as incompetent, and incompetence shall be considered as sufficient grounds for termination of employment.

SEC. OOW18003 OBEDIENCE TO LAWFUL ORDER
Employees shall promptly and willingly obey any lawful order, verbal or written, issued by a superior. Refusal or failure to promptly obey a lawful order shall be considered as insubordination, an act punishable by severe disciplinary action.

SEC. 000418004 UNLAWFUL UNJUST, OR IMPROPER ORDERS PROHIBITED Employees are prohibited from issuing any order or giving any direction, which is in conflict with existing law or City policy or practice.

SEC. 800a18005 REFUSAL TO OBEY AN UNLAWFUL ORDER: REQUIRED Employees have both the right and duty to refuse to obey an order that is in conflict with existing law. To knowingly comply with such an order would in fact make the employee a willing criminal accomplice of the superior issuing the unlawful order. Caution - Employees are expected to exercise a high degree of reasonableness and good judgment in this area.

If an employee refuses to obey an order he/shethey believes to be unlawful and subsequent review of the incident establishes that the employee was incorrect and the order was in fact both lawful and proper, the employee's refusal may be viewed as an act of insubordination.

SEC. 000018006 CONFLICT OF ORDERS
In the event an employee is given an order that conflicts with a previous order or established policy of the City or his/hertheir Department, he/shethey shall respectfully call attention to that discrepancy. If, after being advised of this conflict, the superior issuing the order chooses not to amend his/hertheir directions, the employee receiving the order shall obey the most recent order and responsibility for the employee's actions shall rest with the superior issuing the most recent order.

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SEC. 800718007 REPORTING UNJUST OR IMPROPER ORDERS
Orders that are in conflict with the policies and practices of the City are considered as unjust and/or improper. Employees who believe they have been given an unjust or improper order, shall first obey the order to the best of their ability and then proceed to file a written grievance with the supervisor of the superior who issued the unjust or improper order.

SEC. 18008 CIRCULATING RUMORS PROHIBITED
Employees are prohibited from circulating gossip, rumors, or scandal, about other City employees, employees of other governmental agencies, or members of the public, except where such speech is protected by law.

SEC. 8009 SUBVERSIVE ACTS AGAINST THE CITY
Employees are prohibited from performing any aot or making any oral or \Witten statement, ¥.<hioh tends to disrupt or interfere with the la•Nful operation of the City or his/her Department.

SEC. 004-918009 DIVULGING CONFIDENTIAL INFORMATION
Employees are prohibited from divulging confidential information concerning; the operation of the City or their Department, other City employees, or members of the public; except in accordance with existing laws and established City policies and practices.

SEC. 00-14180010 PUNCTUALITY REQUIRED
Employees shall be punctual in reporting to their assigned duty station. Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An employee is required to seek advance permission from his or hertheir supervisor for any foreseeable absence or deviation from regular working hours.

An employee who is unexpectedly unable to report for work as scheduled must notify his/hertheir immediate supervisor no later than the scheduled work time and report the expected time or duration of any late arrival or absence. If the employee's immediate supervisor is not available, the employee must notify the Department Head or another supervisor. An employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence.

SEC. OO-R1801 1 ABSENCE WITHOUT PROPER LEAVE PROHIBITED Employees shall not be absent from duty without prior approval; except when unable to report for work due to serious illness or injury to the employee or an immediate family member.

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Special Note: When an unexpected illness or injury does result in an unexcused absence, the employee is responsible for notifying hislhertheir supervisor no later than fifteen (15) minutes prior to the beginning of the scheduled shift. The employee will be expected to provide proof that the serious illness or injury did in fact occur to himlherthem or an immediate family member.

SEC. ~ 1801 2 EXCESSIVE TARDINESS/ ABSENTEEISM PROHIBITED Excessive tardiness occurs when an employee is late arriving to work or returning from breaks more than three (3) times during any thirty (30) day period.

Excessive absenteeism occurs when the number of unprotected absences (absences other than leaves authorized by State or Federal law) becomes disruptive to the employee's job unit and/or negatively impacts an employee's job performance. Excessive absenteeism also includes pattern absences. When an employee's absences routinely fall on particular days of the week, like Mondays or Fridays, or contiguously with holidays or vacations, these absences are considered pattern absences.

Excessive tardiness or absenteeism will be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination.

If it appears that an employee is abusing sick leave or is using unprotected sick leave excessively, the employee will be counseled that continued use of unprotected sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for unprotected sick leave regardless of duration.

SEC. 00-1-418Q13 TRUTHFULNESS REQUIRED
Employees shall be truthful in all their official dealings; a) deliberate lies, b) withholding of pertinent information, or c) misrepresentation of a material fact (verbal or written) is considered a grave breach of policy and will subject the employee to severe disciplinary action. Employees are prohibited from providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment.

SEC. 804-518Q14 PURCHASE, POSSESSION, OR CONSUMPTION OF ALCOHOL

WHILE ON-DUTY
Employees shall not purchase, possess, or consume alcoholic beverages while on-duty, except when such purchase, possession, or consumption is being carried out in the line of duty. See Division 28 (Alcohol and Drug Abuse Policy), and Division 28A (Drug and Alcohol Policy pursuant to the Department of Transportation Regulations).

SEC. ~ 1801 5 INTOXICATION WHILE ON-DUTY PROHIBITED
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Employees are prohibited from being intoxicated or under the influence of alcohol while on duty. For the purpose of this section an employee is considered to be on duty while engaged in his/her their normal work assignment, while operating any type of City equipment or machinery, while operating any Cit~ vehicle, or while engaged in any official City function. See Division 28 (Alcohol and Drug Abuse Policy), and Division 28A (Drug and Alcohol Policy pursuant to the Department of Transportation Regulations) SEC. 004-71801 6 PURCHASE, POSSESSION, OR USE OF LEGAL OR ILLEGAL

DRUGS OR NARCOTICS
Employees are strictly prohibited from purchasing, possessing, or using illegal drugs or narcotics while on duty; exception, the purchase or possession of illegal drugs or narcotics by law enforcement officers or their agents in the line of duty is permitted. Further, employees are prohibited from reporting to duty or remaining on duty, while under the influence of any legal (prescribed or over the counter) drug or narcotic. For the purpose of this section an employee is considered to be on duty while engaged in his/hertheir normal work assignment, while operating City equipment or machinery, while operating any City vehicle, or while engaged in any official City function. See Division 28 (Alcohol and Drug Abuse Policy), and Division 28A (Drug and Alcohol Policy pursuant to the Department of Transportation Regulations).

SEC. 004-818Q17 OFFICIAL RECORDS
Employees are prohibited from removing, concealing, destroying, falsifying or tampering with official records of the City or their Department; except in accordance with provisions of existing law or established policies and practices of the City or their Department.

SEC. 004-91801 8 COURTESY AND PATIENCE REQUIRED
When dealing with members of the public, co-workers, subordinates, or superiors, employees shall act in a professional and courteous manner. be courteous and patient.

Employees shall avoid answering questions in an abrupt manner and shall not use profane, indecent, sarcastic, or insulting language.

SEC. 8020 PUBLIC COMMENTS ON CONTROVERSIAL TOPICS PROHIBITED While on duty, employees shall refrain from expressing personal opinions on non job related, controversial topics (race, religion, or politics, etc.) that may lead to disputes i.\<ith f.ellov, employees or members of the public who hold different vie'N&:- SEC. 8G2418Q19 SAFEGUARDING PROPERTY REQUIRED
Employees shall exercise reasonable care in safeguarding any property under their control or supervision.

SEC. ~ 18Q20 DUTY TO REPORT ON DUTY ACCIDENTS OR INCIDENTS Rules of Conduct
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Employees shall immediately report all on:-duty accidents, which result in injury to themselves or others or damage to City property or equipment, or the property or equipment of others. Further, employees have a similar duty to report off:-duty accidents involving City property or equipment. Additionally, employees shall immediately report all on_ duty or off_ duty incidents that directly or indirectly impact the City or the employee's work status with the City. Examples of such incidents are; a) on duty citations or arrests, . It ma also
consider any convictions (but not any arrests or citations) resulting from the misconduct in taking appropriate action on the incident.

SEC. ~ 18021 REQUIREMENT TO PROVIDE TELEPHONE NUMBER AND

ADDRESS
Employees have a duty to provide the Human Resources Department with their current telephone number and mailing and physical home address(es). A "Change of Information to Payroll/Personnel Records" form must be filed within fourteen (14) days of the change and may be obtained through the Human Resources Department.

SEC. ~ 18022 ESTABLISHMENT OF RESPONSE TIME AND REQUIREMENT FOR

TELEPHONE
Due to the need for immediate contact and prompt response to emergency situations, individual Departments (Police, Fire, Public Works, and other such emergency responders) may require specific individuals or classes of employees to reside within a specific response time area and to maintain an operating telephone. Employees whose immediate response to emergency situations is not considered as being essential are required to maintain an operating telephone but may reside wherever they choose.

SEC. ~ 18023 SOLICITING OR ACCEPTING REWARDS
Employees shall not solicit or accept any gift, gratuity, or reward for services rendered in the line of duty except those monetary considerations and rewards provided by the City.

Nothing in this section is meant to prohibit; a) the acceptance of donations of money or services to the City or an operation of the City, when approved by a Division Head, Department Head, or the City Manager, orb) the personal acceptance by an employee of an occasional, unsolicited, token of recognition such as flowers, candy, or other items (except cash, bonds, etc.) valued at twenty-five dollars ($25) or less, when such acceptance is approved by the employee~~s Division Head, Department Head, or the City Manager.

Special Note: Employees should be extremely cautious in this area; frequent or multiple gifts from the same source or from various sources are not acceptable. Further, the operating policies of various Departments of the City, such as the Police or Fire Departments, may be more restrictive in this area than the City Policy.

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SEC. 002918024 SOLICITING OR ACCEPTING SPECIAL PRIVILEGES Employees shall not solicit or accept special favors or privileges that are being offered or provided by members of the public solely as a result of the employee's connection with the City.

SEC. 002118025 SOLICITING OR CONDUCTING PRIVATE BUSINESS ON DUTY Employees are prohibited from soliciting or conducting private business while on duty.

SEC. 802818026 GIVING TESTIMONIALS
While on duty or acting under color of office, employees are prohibited from offering testimonials or advertising support to private or public persons or organizations, except with prior approval of their Department Head.

SEC. 002-918027 POLITICAL ACTIVITIES
The City prohibits:'Nhile on duty, employees are prohibited from engaging in political activities. This includes:

A Employees and officers from engaging in political activities during work hours; B. Political campaigning in City buildings or on premises adjacent to City buildings; and C. An employee or officer from using his or hertheir office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate.

EXAMPLES OF PROHIBITED CONDUCT
A Participation in political activities of any kind while in uniform; B. Participation in political activities during working hours; C. Participation in political activities on City worksites; D. Placing or distributing political communications on City property; E. Using City equipment to make political communications; F. Soliciting 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; G. Favoring or discriminating against any employee because of political opinions or affiliations;
H. Interfering with any election; or
I. Attempting to trade job benefits for votes.

EXAMPLES OF PERMITTED CONDUCT
A Expressing opinions on all political subjects or candidates; Rules of Conduct
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B. Becoming a candidate for any local, state, or national election; C. Contributing to political campaigns;
D. Joining and participating in the activities of political organizations; E. Requesting, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees;
F. Soliciting or receiving, 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 G. Soliciting or receiving, 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.

SEC. ~ 18028 OUTSIDE EMPLOYMENT
Employees shall not engage in any outside employment activity, either directly or indirectly, which is in violation of law, or which interferes with or detracts from his/hertheir job performance with the City, or which is incompatible or in conflict with his/hertheir duties with the City.

The following types of outside employment are strictly prohibited:

Employment that conflicts with an employee's work schedule, duties and responsibilities, or that involves the time demands as would render performance of their duties as a City employee less efficient:

Employment that creates a conflict of interest with, or is inconsistent or incompatible with, the employee's duties, functions, responsibilities or employment with the City:

Employment that impairs or has a detrimental effect on the employee's work performance with the City:

Employment that requires the employee to conduct work or related activities during the City's working hours, or using the City's facilities and/or equipment, whether on the City premises or in the field:

Employment that directly or indirectly competes with the City or the interests of the City:

Employment that involves the employee's badge, uniform, prestige or influence of City employment;
Employment that involves the performance of an act, in other than their capacity as a City employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of the City:

Rules of Conduct
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H.

Updated: March 7, 2012
Employment that involves receipt, by the employee, of any money or consideration, from anyone other than the City, for the performance of an act which the employee would be required or expected to render in the regular course or hours of their City employment or as a part of their duties as a City employee.

In order to insure that outside employment meets acceptable City standards and avoids perceived or actual conflicts of interest, employees must obtain written approval from their should confer with their Division or Department Head prior to accepting outside employment on the City's Outside Employment Request Form. The approved form will be filed with Human Resources.

An outside employment authorization is valid only up to one year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must make another request following the process in this Policy.

If the outside employment is authorized , the employee must promptly report in writing to the Human Resources Director any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.

If the outside employment is authorized, the City assumes no responsibility for the outside employment. The City shall not provide Workers' Compensation coverage or any other benefit for injuries occurring from or arising out of outside employment.

Authorization to engage in outside employment can be revoked at any time.

Any outside employment authorization may be revoked or suspended during the year it is granted under the following circumstances: the employee's work performance declines: or an employee's conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee's work for the City.

See the Outside Employment Request Form ~Form 18-1) attached to this Division.

SEC. 8@:1-18029 OPERATION OF VEHICLES
Employees shall operate all City vehicles safely and lawfully. Employees are prohibited from using cell phones or other electronic devices while driving within the course and scope of employment, except for with hands-free equipment in accordance with the law.

SEC. ~ 18Q30 UNAUTHORIZED USE OF EQUIPMENT
City owned or controlled equipment, including but not limited to physical property, tools, equipment, City communication systems, or intellectual property, is restricted to official use Rules of Conduct
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only; except, with approval of the Department Head or City Manager, certain equipment may be loaned to individuals or groups when such action is deemed to be appropriate.

SEC. ~ 18Q31 UNAUTHORIZED USE OF CITY VEHICLES
City owned or controlled vehicles are restricted to official use only. Additionally, employees are prohibited from allowing persons, other than City employees, to ride in City vehicles; except in response to duty or as authorized by Department policy.

SEC. 003418032 UNAUTHORIZED USE OF CITY FACILITIES
Employees are prohibited from using City property (except public areas such as parks) for personal, social, or other unofficial reasons; except with the prior approval of the City Manager or Department Head in charge of the facility. Employees are prohibited from damaging City Property or from wasting City supplies through negligence or misconduct.

SEC. 8Wa18033 MISAPPROPRIATION OF PROPERTY
Employees are prohibited from unlawfully taking for personal use or otherwise misappropriating City property or equipment.

SEC. 8036 DUTY TO OBEY LAV\JS
V\lhether on or off duty, employees have a duty and responsibility to obey all lai.vs. In addition to criminal prosecution, personnel who violate this \•,mrk rule are subject to disciplinary action by the City.

SEC. OOJ-718034 ENTRY INTO A PRIVATE RESIDENCE
This section shall not apply to Police Officers or Fire personnel in the performance of their duties.

City employees shall identify themselves as a City employee to the general public during the course of work related to the City.

At no time shall a City employee enter into a place of residence without the owner or his/hertheir designee being present.

At no time shall a City employee, during the cause of business, enter into a place of residence when only a minor is present. If a minor answers the door, employee shall request an adult. If no adult is present, City employee shall leave the residence. Contact shall be made with the proper adult owner.

Special Note: Employee may leave business card requesting owner to call said employee.

Exception: Time of Emergency - In a time of emergency, said employee shall request a fellow worker or police officer to accompany hlmlherthem into the residence and said entry shall be documented.

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SEC. SW818035 CONVICTIONS AND ARRESTS FOR FELONIES OR SERIOUS

MISDEMEANORS
Employees who are convicted of any felony or a serious misdemeanor (such as theft, child abuse, Driving Under the Influence resulting in loss of driving privileges or exclusion from the City's liability insurance package, fraud, or offenses that illustrate a lack of emotional control or a lack of trust) may be subject to disciplinary action up to and including termination of employment. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendere, regardless of sentence, grant of probation, or otherwise.

Employees are expected to report to his/hertheir supervisor any contact with criminal authorities (such as police), including arrest. that hinders or prevents the employee from performing their job (e.g., in jail and not able to come to work, suspension of driver's license, movement or weapons restrictions). 'Nhich may affect employment 'Nith the City.

In the event of an arrest while the employee is performing the functions of their job, the City will independently investigate the facts of any misconduct and take appropriate action only upon the results of its own investigation or upon the fact of any conviction resulting from the misconduct.

SEC. 803918036 DUTY TO REPORT VIOLA TORS
Employees have a duty and responsibility to immediately notify the superior of any fellow employee they observe in violation of law or policy.

SEC. 004018037 HARASSMENT, DISCRIMINATION AND RETALIATION

PROHIBITED
The City does not tolerate harassment, discrimination or retaliation as described in Division 3020 of this Manual, of any of covered individuals as defined by that Policy. OOf employees, customers, vendors or suppliers. Any form of harassment, discrimination or retaliation which violates f.ederal, state or local la1N, including, but not limited to that based on a protected class, including an individual's race, religion, color, sex, gender, sexual orientation, sexual identity, national origin, ancestry, citizenship status, unif.ormed service member status, marital status, pregnancy, age, medical condition (cancer related or HIV/AIDS related), physical or mental disability, or any other basis protected by law is a violation of this policy and 'Nill be treated as a disciplinary matter.

SEC. 8041 FALSE ACCUSATIONS OF HARASSMENT OR DISCRIMINATION Any employee '.\1
ho falsely and maliciously accuses another employee of sexual harassment, or ethnic, racial, or religious discrimination is in violation of this section and 11.1ill be subject to severe disciplinary action.

SEC. SG4218038 ATTENDANCE AT MANDATORY MEETINGS
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Employees who have received notification of mandatory meetings, training sessions, etc., shall report promptly at the time and place designated.

SEC. ~ 18039 REQUIREMENT TO ACCEPT OVERTIME ASSIGNMENTS When duly notified (the request is communicated to and acknowledged by the employee), employees are required to accept mandatory overtime assignments. When making such assignments, supervisors are expected to give proper consideration to the desires of the employee, but the needs of the City shall be given priority.

SEC. 804418Q40 CONDUCT UNBECOMING AN EMPLOYEE
Employees who commit any act not otherwise specified, that is contrary to good judgment or reasonable or acceptable behavior and is likely to adversely affect the operation of the City or the employee's Department, or is likely to affect the ability of the employee to properly perform his/hertheir assigned duties, are in violation of this section and thus subject to disciplinary action.

SEC. 004a18Q41 PERSONAL APPEARANCE AND BEHAVIOR
This policy is designed to promote the City's legitimate and non-discriminatory goals to promote workplace safety and a professional image. directed to1.vard conduct which may project image problems for the City. While a specific dress policy has not been adopted, employees are urged to use their good judgment to dress appropriately for a municipality and the job he or she isthey are performing. At all times, employees are expected to present a neat, well-groomed appearance and a courteous disposition. These qualities go further than any other factor in making a favorable impression on the public and fellow workers.

Unprofessional behavior in the workplace, such as sexually related conversations, inappropriate touching (i.e., kissing, hugging, massaging, sitting on laps) of another employee and any other behavior of a sexual nature is prohibited. Employees who fail to observe these standards will be subject to disciplinary action up to and including termination.

Employees are asked to avoid extremes in dress and behavior. Flashy, skimpy or revealing outfits and other non-business-like clothing are unacceptable. All employees must dress in an appropriate professional manner. All clothing must be neat, clean, in good repair and appropriate to the work setting, particularly if the employee deals with the public. Good personal hygiene is required. Hair must be neat, clean and well groomed.

Beards, mustaches and sideburns must be maintained in a neat and well-groomed fashion. Jewelry is acceptable except in areas where it constitutes a health or safety hazard. Employees who report to work in unacceptable attire may be requested to leave work and return in acceptable attire. Such time off from work will generally be without pay.

Employees are expected to project a professional appearance while at work. Therefore, failure to follow the tattoo regulations contained in this section shall be grounds for Rules of Conduct
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discipline. No tattoos are allowed anywhere on the head, face or neck. Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-related. No visible tattoos shall be larger than four (4) by six (6) inches. Any non-conforming tattoos will be covered with clothing or a bandage while at work or removed. If an employee has a question about how the tattoo policy is applicable to them, the matter should be immediately raised with their supervisor or department head for consideration and determination.

Employees are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. Therefore, failure to follow the body piercing regulations contained in this section shall be grounds for discipline. No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that employees may wear no more than two (2) sets of reasonably-sized earrings in each lobe.

Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer. If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.

Employees provided with uniforms must wear them at all times when on duty. Footwear must be appropriate for the work environment and functions being performed. Employees who are provided with uniforms should keep them in a neat and clean condition.

Employees are required to return their uniforms in a timely manner upon termination of their employment.

SEC. 004818042 USE OF CITY COMMUNICATION SYSTEMS
See Division 35 for the City's Electronic Communications Resources Policy.

All communications transmitted via the City's Electronic Communications Resources, whether or not related to personal or confidential matters, are subject to monitoring, at the City's discretion. The City monitors communications transmitted via the City's Electronic Communications Resources in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passi.vords and "message delete" functions do not restrict or eliminate the agency's ability or right to access electronic communications.

In addition, the California Public Records Act requires the City to diselose specified public records. In response to requests f.or such disclosure, it may be necessary to examine electronic communications records that users may consider to be personal to determine they are public records that are subject to disclosure.

The City may also be required to produce information transmitted or stored Electronic Communications Resources pursuant to a court order, subpoena, or statute.

City employees may use City telephones and e mail f.or personal use provided that the use: a) Is kept to a minimum and limited to break times or non work hours; b) Does not Rules of Conduct
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have any impact upon other City employees or operations; c) Allows the employee to more efficiently perform City 1.vork; d) Does not result in additional cost to the City for services.

The City strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Offensive, harassing or discriminatory content in voice mail or e mail messages •.viii not be tolerated.

Except on an irregular and de minimus basis, no time spent in any activity on the City's Electronic Communications Resources for the benefit of the City may be done outside of employee scheduled work hours 1
.vithout advance approval from the employee's immediate supervisor. Emergencies may arise that call for an exception to this rule. In emergencies, the employee may perform the 1
.vork, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the employee's supervisor denies the request to \\1ork overtime, the employee must obey the supervisor's directive and cease 1 .vorking
overtime.

Employees should be aware that e•,en when a message has been deleted, it still might be possible to retrieve it from a backup system. Therefore, employees should not rely on the deletion of messages to assume a message has remained private.

Employees should notify their immediate supervisor or the Human Resources Director upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action up to and including termination.

SEC. 004-7--18043_ PROHIBITED CONFLICTS OF INTERESTS WITH REGARD TO

ADMINISTERING FEDERAL FUNDS
This policy refers to those conflicts of interest provisions under Federal law that are applicable to all employees, officers and agents of the City of Los Banos who administer Federal funds for purposes such as, but not limited to, procurement and HOME program activities.

In addition to State, Local and other applicable laws, rules and regulations regarding conflicts of interests, the following regulations shall apply:

A No employee, officer or agent of the grantee (recipient) or subgrantee (subrecipient) shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his/hertheir immediate family, his or hertheir partner, or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements (pursuant to Title 24, section 85.36(b)(3) of the Federal Code of Regulations).

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B. No employee, agent, consultant, officer, or elected official or appointed official of the grantee (recipient) or subgrantee (subrecipient), which are receiving, exercising or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have a family or business ties, during the tenure or for one year thereafter, unless, HUD has granted a specific exception in writing to this requirement of this provision (pursuant to Title 24, section 92.356 of the Federal Code of Regulations).

C. For further selection of an independent administrative subcontractor, the City must use a Request for Proposal/Request for Qualifications (RFP/RFQ) method for the competitive procurement selection process.

SEC. 004818044 UNAUTHORIZED USE OF DISABILITY LEAVE
Employees are prohibited from using disability leave in a manner not authorized or provided for pursuant to the disability City's leave policy or other policies of the City.

SEC. 004918045 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEAL TH

ADMINISTRATION (OSHA) AND CITY SAFETY POLICIES
Employees will comply with OSHA Safety Standards and City safety policies.

SEC. 80§018046 TIME RECORDS
Employees are prohibited from altering, falsifying, and tampering with time records, or recording time on another employee's time record.

SEC. 80a418047 OVERTIME
Employees are prohibited from working overtime without prior authorization.

SEC. 18048 SMOKING AND USE OF TOBACCO AT WORK
See Division 38 (Smoke-free and Tobacco-Free Workplace).

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[CITY LETTERHEAD]
Emplovee Name Position Department
Outside Employment, Activity, or Enterprise Information (See Government Code s 1125 et seq.)
(FORM 18-1)
Name of Outside
Emolover/Or~anization:

Address: T:rpe or nature of work to be ~erformed
or services or goods provided:

Phone:

Dates of Employment. Davs and
Activi!!, or Enterprise: Begins: hours of Sun Mon Tue
Ends: employment, Wed Thu Fri Sat
activitv. or
enterprise: hours 12er
week month year
By signing below, I affirm and agree:

1. The outside em12lovment, activity. or enterprise for compensation identified above will not be conducted during City working hours or by using City 12ropertv or equipment, facilities, su12plies. or use ofmy badge, uniform. 12restige. or influence of the employee's City office or employment. I will not wear any emblem, badge, or other Citv-employee identification while 12erforming for the outside employer or orn:aniz.ation.

2. The outside employment. activity, or enterprise for compensation will be conducted during off-duty time and does not involve the performance of any activities which relate to m job duties with the City.

3. The outside employment, activity. or enterprise for compensation will not involve my receipt or acceptance of any money or other consideration from anyone other than the Citv for the performance of an act which I. if not performing such act, would otherwise be required or expected to render in the regular course of my employment or duties with the City.

4. The type or nature of work I will be performing for the outside emplover or organization does not present a conflict of interest. is not inconsistent. inimical to, or interfere with mv job duties. functions, or responsibilities with the City.

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5. The type or nature of work I will be performing for the outside employer or organization will directly or indirectly be subject to the control. inspection. review. audit or enforcement of the City or any of its officers or employees.

6. I understand that the City's approval of the outside employment, activity, or enterprise for compensation may be revoked at any time if my work performance for the Citv declines or becomes less efficient. if my outside employment. activity, or enterprise conflicts with the conditions of this authorization, or if my outside emplovment, activity. or enterprise is incompatible with my work for the City .

7. I understand that authorization must be renewed in January of each succeeding year.

Employee Signature Date
DEPARTMENT USE ONLY:
□ Approved D Disapproved
Department Head Date
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DIVISION 19

PERFORMANCE EVALUATIONS
SEC. W0419001 INTRODUCTION
Updated: March 7, 2012
The purpose of this Division is to identify City policy with regard to Employee Performance Evaluations.

SEC. 900219002 PERFORMANCE EVALUATION DEFINED
A Performance Evaluation is a written assessment of an employee's job skills, work habits, job knowledge, and attitude affecting performance, as viewed by his/hertheir supervisor(s).

The primary purposes of Performance Evaluations is; a) to identify and correct deficiencies affecting job performance, b) to identify and encourage continuation of proper or exemplary job performance, and c) aide the Division Head, Department Head, or City Manager in determining if an employee; 1) requires additional training or special supervision, 2) is qualified to receive a merit raise, 3) is suitable for promotion or assignment to a more demanding position, 4) is in need of corrective action, or 5) should be terminated from employment with the City.

SEC. ~ 19003 ANNUAL PERFORMANCE EVALUATIONS REQUIRED ON

REGULAR EMPLOYEES
An annual performance evaluation shall be completed on all Regular Employees. Such evaluation shall be completed on the prescribed form as set forth by the City Manager.

Evaluations are to be completed by the employee's supervisor by no later than the employee's hiring anniversary date or if applicable, promotion date. Additionally, employees who are serving a probationary period (new hires and promotions) shall be evaluated every two (2) months for the duration of their probation; beginning two (2) months from the date the employee was hired or promoted.

SEC. 900419004 SUPERVISORY RESPONSIBILITY FOR EMPLOYEE GUIDANCE Supervisors are authorized to evaluate a subordinate's performance as often as the supervisor deems appropriate.

Supervisors may maintain confidential supervisor's working files regarding employee performance to facilitate performance management. as described in Policy 2201 2.

When a supervisor observes that an employee's performance is unsatisfactory he/shethey shall immediately notify the employee of this fact and recommend steps to correct the deficiencies.

SEC. WG519005 PERFORMANCE EVALUATIONS NOT REQUIRED FOR CERTAIN

POSITIONS
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Performance Evaluations are not required for Part-time, Provisional, and Volunteer positions.

SEC. 000019006 SPECIAL PERFORMANCE EVALUATIONS PERMITTED Whenever helshethey deems appropriate, a Division Head, Department Head, or the City Manager may prepare or direct the preparation of a Special Performance Evaluation on any Regular, Part-time, Provisional employee, or Volunteer under his/hertheir command.

SEC. 900719007 RATER'S RESPONSIBILITY IN PREPARING PERFORMANCE

REPORTS
When preparing Performance Evaluations.L the Rater is expected to be accurate, fair, and impartial. Although it is recognized that such evaluations are subjective to a great degree and thus reflect the Rater's views of appropriate job performance, they are nonetheless required to be based upon facts and not emotions. Raters must be able to offer reasonable justification for any rating given. Employees who are personally liked by the Rater should not be given unjustifiable high ratings nor should employees who are not favored by the Rater be given unjustifiable low ratings. Appropriate performance should be identified so that the employee knows he/shethey are-is doing well and the employees who are deficient in their performance must be informed so that corrective measures may be taken.

SEC. 900819008 REVIEW OF PERFORMANCE EVALUATION WITH EMPLOYEE , The Rater shall discuss the Performance Evaluation with the employee being evaluated.

At the time of this review the employee being evaluated shall be given the opportunity to ask questions and make comments, in a respectful manner, with regard to the rating. At the conclusion of the review meeting the employee shall sign the Performance Evaluation and be given a copy of same. The purpose of the employee signing the evaluation is to confirm that the contents were discussed with him/herthem. His/herTheir signature does not mean that he/shethey agrees with the evaluation.

SEC. 900919009 EMPLOYEE RIGHT TO REVIEW PERFORMANCE EVALUATION

WITH ADMINISTRATION
When an employee has received what he/shethey believes is a biased, inaccurate, or unfair Performance Evaluation from a Supervisor helshethey have-has a right to discuss such report with his/hertheir Department Head or in the case of Police or Fire Department employees and City Hall employees, the Division Head.

Special Notes: a) If the evaluation was prepared by a Department Head the administrative review would be with the City Manager, and b) If the evaluation was prepared by the City Manager the administrative review would be with the City Council.

SEC. 904-019010 DECISION OF ADMINISTRATIVE REVIEW
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If, after discussing the Performance Evaluation with the employee evaluated and the Rater, the Administrative Review Officer finds the employee's claim to be justified, he/shethey shall affix a written report of such findings to the original Performance Evaluation. Further, hetshethey shall take whatever corrective action deemed appropriate to insure that future such problems are averted.

If, after discussing the Performance Evaluation with the employee evaluated and the Rater, the Administrative Review Officer finds no reasonable justification for the employee's claim, he/shethey shall affix a written report of such findings to the original Performance Evaluation and the matter shall be considered closed.

SEC. W4419011 UNSATISFACTORY JOB PERFORMANCE
An employee may be subject to disciplinary action for unsatisfactory job performance.

SEC. 90-1--219012 MAINTENANCE OF PERFORMANCE EVALUATIONS Original Performance Evaluations shall be maintained in the employee's Master Personnel File and copies may be maintained in the Personnel File maintained by the employee's Department. See City Record Retention Policy for information about maintenance of Personnel Files.

SEC. 19013 SWORN EMPLOYEE RESPONSE TO ADVERSE COMMENTS
Police officer and firefighter employees covered by the Peace Officers Bill of Rights Act ("POBR") and the Firefighters Procedural Bill of Rights Act ("FBOR"), respectively, shall not have any comments adverse to their interests entered in their personnel file or file used for personnel purposes without their first reading and signing the document containing the adverse comment, indicating that they are aware of the comment. If the police officer or firefighter reads the document and refuses to sign after reading the document, that fact shall be noted on the document and signed and initialed by the police officer or firefighter.

Police officer and firefighter employees covered by POBR and FBOR respectively also have a separate right, within 30 days, to file a written response to the adverse comment, which shall be attached to and accompany the adverse comment.

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DIVISION 20

DISCIPLINARY ACTIONS
SEC. 1000120001 INTRODUCTION
Updated: March 7, 2012
The purpose of this Division is to identify the practices and procedures to be employed by the City in the handling of disciplinary actions. This policy does not apply to employees covered by a Memorandum of Understanding (MOU) disciplinary policy to the extent that it is in conflict. Division 10 prevails over Public Safety Department Rules 'Nhere a conflict exists.

SEC. 1000220002 AUTHORITY TO DISCIPLINE
The City Manager is vested with disciplinary authority over all employees under his/hertheir command. In the absence of the City Manager, disciplinary authority passes to the Acting City Manager as designated by the City Manager.

SEC. 1000320003 DELEGATION OF AUTHORITY TO DISCIPLINE
In order to provide for a more expedient and efficient personnel system, the City Manager's authority to discipline is conveyed to City Department Heads in accordance with the following guidelines: a) Department Heads are vested with disciplinary authority over all personnel under their command, b) All disciplinary reviews and actions shall be handled in compliance with applicable Federal, State, and City laws, and procedures outlined in ~ ersonnel Rules, and c) as provided in this division, disciplinary actions (except al --_written reprimand) taken against an employee by a Department Head may be subject to appeal, by the involved employee, to the City Manager.

SEC. 1000420004 ADMINISTRATIVE LEAVE
A Department Head, subject to concurrence from the Human Resources Director, may place an employee on an administrative leave with pay pending a potential disciplinary action. Administrative leave with pay is authorized: a) when the department head believes that the employee's continued presence at the work site could have detrimental consequences for City operations, orb) pending investigation into charges of misconduct.

If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures.

SEC. 1000520005 DUTY TO COMPLY WITH PERSONNEL RULES AND CAUSES FOR

DISCIPLINE
Every employee of the City has a duty to know, understand, and comply with all Rules, Regulations, and Procedures, established by the City Council, City Manager, or his/hertheir Department Head. "Employee" includes; a) Temporary employees, b) Provisional or Seasonal employees, c) Probationary employees, d) any person who serves pursuant to a contract, aRG-e) any person who is designated "at-will" in any City Policy, Disciplinary Actions
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document, acknowledgement, resolution or ordinance, and f) all regular employees.

Notwithstanding any provision in this policy, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is not subject to any disciplinary penalty which is inconsistent with his or hertheir FLSA overtime-exempt status.

Employees may be disciplined for violations of the Rules of Conduct as provided in Division 18 of these Personnel Rules and any other applicable City rules or directives.

SEC. 1000620006 VIOLATION OF PERSONNEL RULES
Employees found in violation of established Personnel Rules and/or the Rules of Conduct listed in Division 18 above are sub·ect to one or more of the followin actions:
a) verbal b) written reprimand, c)
un-paid suspension from duty, d) permanent or temporary reduction in pay grade, e) permanent or temporary demotion in rank or position, or f) termination of employment.

A. Verbal
A verbal - will be memorialized in writing and retained in the employee's supervisor's file for one year or until the evaluation covering the counselin is com leted whichever occurs first. Unless otherwise re uired b law §.A verbal may not be appealed under this policy.

Police officer and firefi hter em lo ees covered res ectivel b the POBR and FBOR shall review and si n the written memorialization of the verbal before it is included in the su ervisor's file. The also have the ri ht withi to file a written res onse to the written memorialization of the verbal itten memorialization of the verbal

8. Written
C.

A Department Head may reprimand an employee by furnishing him/herthem with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee's personnel file. The employee has the right to write a written rebuttal within thirty (30) days of receipt of the reprimand, which will be attached to the reprimand in the employee's personnel file.

A written reprimand may not be appealed, with the exception of employees covered under the Public Safety Officers' Procedural Bill of Rights or the Firefighters Procedural Bill of Rights (FBOR) who have thirty (30) days to file a response and request the opportunity for administrative appeal as described in Section 20014 of this Division.

Suspension
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A Department Head may suspend a for-cause employee from his or hertheir position with 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 appeal as provided herein. FLSAexempt employees- can only be suspended in the following circumstances: (1) for the entire FLSA-designated work week; (2) for one or more full days for violation of a written workplace conduct rule; or (3) for one or more full days for a major safety violation. are not subject to suspension ex:cept in •.vork day or work week increments or for violations of major safety rules.

D. Demotion
E.

A Department Head may demote an employee from his or hertheir position forcause. Documents related to a demotion shall become part of the employee's personnel file when the discipline is final. An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein.

Reduction in Pay
A Department Head may reduce an FLSA non-exempt, for-cause employee's pay for-cause. A reduction in pay for disciplinary purposes may take one of two forms; a) a decrease in salary to a lower step within the salary range, orb) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee's personnel file when the discipline becomes final. A for-cause employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay.

Discharge
A Department Head may discharge an employee from his or hertheir position forcause. Documents related to discharge shall become a part of an employee's personnel file when the discipline becomes final. A discharged, for-cause employee is entitled to prior written notice and appeal based upon the terms described herein.

SEC. 1000720007 SKELLY PROCESS - PRE-DISCIPLINARY PROCEDURE FOR

SUSPENSION, DEMOTION, REDUCTION IN PAY, OR DISCHARGE
This pre-disciplinary procedure applies to for-cause employees who are subjected to disciplinary suspension, demotion, reduction in pay, or discharge.

The following categories of persons can be terminated at-will and have no rights to any of the pre or post-disciplinary processes or procedures in this Policy: (1) part-time employees, (2) temporary, provisional or seasonal employees, (3) probationary employees, (4) any person who serves pursuant to a contract, and 5) any person who is designated "at-will" in any City policy, document, acknowledgement, resolution or Disciplinary Actions
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ordinance. Only for-cause employees have the right to the Skelly Csonference and appeal processes outlined in this Section.

A. Notice of Intent to Discipline
B.

The employee will be provided a written notice of intent to discipline which contains the following:

1. The level of discipline intended to be imposed;

2. The specific charges upon which the intended discipline is based;

3. A summary of the facts upon which the charges are based;

4. A copy of all written materials, reports, or documents upon which the intended discipline is based;

5. Notice of the employee's right to respond to the Department Head regarding the charges within five (5) calendar days from the date of the Notice, either by requesting an informal conference (the "Skelly Conference"), or by providing a written response, or both;

6. Notice of the employee's right to have a representative of his or hertheir choice at the Skelly inf.ormal Csonference, should he or shethey choose to respond orally; and

7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.

Employee's Response and the Skelly Conference

1. If the employee requests a Skelly Conference n inf.ormal conference to respond orally to the charge(s), the conference will be scheduled within a reasonable time must be scheduled at least seven (7) calendar days after the date of the Notice. The Skelly Csonference will be an informal meeting with the Department Head, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The Department Head will consider the employee's presentation before any final disciplinary action.

2. The employee's failure to make an oral response at the arranged conference time, or the employee's failure to cause his or hertheir 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.

Final Notice of Discipline
After receipt V\Gthin five (5) calendar days of receipt of the employee's timely written response or after the Skelly Conferencewithin five (5) calendar days of the inf.ormal conference, the Department Head will; a) dismiss the notice of intent and take no disciplinary action against the employee, b) modify the intended disciplinary action, or c) impose the intended disciplinary action. In any event, the Department Head shall prepare and provide the employee with a notice that contains the following:

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1. The level of discipline, if any, to be imposed and the effective date of the discipline. For employees covered by the Firefighters Bill of Rights (FBOR), the effective date of the discipline will not be effective sooner than forty-eight (48) hours of the issuance of the final notice of discipline;

2. The specific charges upon which the discipline is based;

3. A summary of the facts upon which the charges are based;

4. A copy of all written materials, reports, or documents upon which the discipline is based;and

5. A statement of the nature of the employee's right to appeal.

SEC. 1000820008 EVIDENTIARY APPEAL TO THE CITY MANAGER
This post-disciplinary appeal procedure provided in this section Section 10008 applies to for-cause employees_, except those cm,ered by the FBOR, who are subjected to disciplinary suspension, demotion, reduction in pay, or discharge, except for those covered by the FBOR. 7Employees covered by the FBOR who are subject to disciplinary suspension, demotion, reduction in pay, or discharge shall follow the appeal process set forth in Section 20013.

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 Director of Human Resources or designee, who shall forward the appeal to the City Manager. The written answer and request for appeal must be received no later than ten (10) calendar days from the date of the Department Head's decision.

Date and Time of the Appeal Hearing
The City Manager will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. An employee who, having filed a timely written answer and request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned his or hertheir appeal. In such a case, the City Manager may dismiss the appeal.

Identification of Issues, Witnesses and Evidence
No later than ten (10) days prior to the appeal hearing, each party will provide each other and the City Manager a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing who has not been identified pursuant to this Disciplinary Actions
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D.

Updated: March 7, 2012
section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The City Manager will state at the beginning of the hearing his or hertheir decision as to the precise issue(s) to be decided.

Conduct of the Appeal Hearing

1. Subpoenas
The City Clerk has authority to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for serving his/hertheir/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay for the time they actually testify, and the time spent waiting at the hearing to be called as a witness. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify.

2. Continuances
The City Manager may continue a scheduled hearing only upon good cause shown.

3. Record of the Proceedings
All disciplinary hearings may, at the discretion of the parties, be either recorded by a court reporter or tape recorded. Any party who requests a transcript of the proceedings must pay for his/ hertheir/ its own copy of a transcript.

4. The City Manager's Authority During the Hearing
The City Manager has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline.

5. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City Manager decides is the most conducive to determining the truth.

6. 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.

7. 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.

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E.

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8. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

9. Irrelevant and unduly repetitious evidence may be excluded.

10.The City Manager shall determine relevancy, weight and credibility of testimony and evidence.

11.During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party.

12.AII witnesses shall be sworn in for the record prior to testifying at the hearing.

The City Manager or the court reporter shall request each witness to raise his--ef heftheir right hand and respond to the following: "Do you swear that the testimony that you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?"
Burden of Proof at the Hearing
The City has the burden of proof by a preponderance of the evidence.

Right to Due Process
The employee shall have the following due process rights during the hearing:

1. The right to be represented by legal counsel or another chosen representative, at his or hertheir own expense;

2. The right to call and examine witnesses on his or hertheir behalf;

3. The right to introduce evidence;

4. The right to cross-examine opposing witnesses on any matter relevant to the issues;

5. The right to impeach any witness regardless of which party first called themrum or her to testify; and

6. The right to rebut evidence against him or herthem.

Hearing to be Closed to the Public
The hearing will be closed to the public-:-
H. Presentation of the Case
The parties will address their remarks, evidence, and objections, to the City Manager. All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager may terminate argument at any time and issue a ruling regarding an objection or any other matter. The City Manager may alter the order of witnesses, Disciplinary Actions
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limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the City Manager directs otherwise:

1. The City shall be permitted to make an opening statement;

2. The employee shall be permitted to make an opening statement;

3. The City shall produce its evidence;

4. The employee shall produce his or hertheir evidence;

5. The City, followed by the employee, may offer rebuttal evidence;

6. Closing arguments of no more than twenty (20) minutes shall be permitted at the discretion of the City Manager. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal.

I. Written Briefs by the Parties
The City Manager or the parties may request the submission of written briefs. The City Manager will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs:

SEC. 1000920009 WRITTEN FINDINGS AND DECISION
The City Manager shall render a statement of written findings and decision within sixty (60) days after the hearing has been completed and the briefs, if any, have been submitted.

The City Manager's decision is final.

SEC. 1001020010 PROOF OF SERVICE OF THE WRITTEN FINDINGS AND

DECISION
The City Manager shall send its 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. Copies shall also be distributed to the Human Resources Director.

SEC. 1001120011 STATUTE OF LIMITATIONS
The City Manager'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 ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Merced.

SEC. 1001220012 CITY COUNCIL APPEAL HEARINGS: SPECIAL CONDITIONS When the City Manager is the Disciplinary Authority, the City Council shall hear the appeal.

When the City Council serves as an Appeals Board the Appeals Hearing shall be conducted as a Closed Personnel Session. A quorum of the City Council shall be sufficient to constitute a Hearing Board. The Hearing shall be conducted in accordance with the same guidelines specified for Disciplinary Review Hearings. Within sixty (60) calendar days after the conclusion of the meeting the City Council shall provide the Disciplinary Actions
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employee with their written decision of findings which may be that the proposed discipline was a) overturned, b) modified, or c) stands as originally imposed.

SEC. 1001320013 PROCEDURE FOR DISCIPLINARY APPEALS FOR FIRE

EMPLOYEES
This appeal procedure applies to disciplinary actions involving suspension, demotion, reduction in pay, or discharge for employees covered by the Firefighters' Procedural Bill of Rights (FBOR) (as defined by Government Code Section 3251 ).

A. Right to Appeal:

Employees covered by the FBOR requesting to appeal disciplinary actions taken pursuant to Section 20007, will have the following administrative appeal rights, which the City and Los Banos Fire Fighters' Association stipulate to as being in accordance with Chapter 5, Section 11500 of the California Government Code and otherwise satisfying the administrative appeal right established under Section 3250 of the California Government Code:

1. Appeal Procedure:
a. A formal appeal procedure will be available for for-cause employees for a disciplinary action involving discharge, demotion, reduction in pay, or suspension. The conduct of the appeal hearing will be as follows:
1) The formal appeal will be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereafter referred to as the "ALJ". The ALJ will preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ will follow the provisions set forth in Section 11513 of the California Government Code. 2) The appeal proceedings will be reported by a stenographic reporter.

However, upon the consent of all the parties, the proceedings may be reported electronically. Within thirty (30) days after the case is submitted to him or herthem, the ALJ will prepare a proposed written decision to be submitted to the City Manager. Within sixty (60) days of receipt by the City Manager of the ALJ's proposed decision, the City Manager may take any of the following actions:
a) Adopt the proposed decision in its entirety.
b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision.

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c) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision.
d) Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, he or shethey will prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision will be furnished decision will be served to each party and his-Gf Reftheir attorney.
e) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript.
3) The City Manager's decision will be reduced to writing and will be final and binding on the parties. The City Manager's written decision will be served on the parties in accordance with Code of Civil Procedure Section 1094.6 and the decision will be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

2. Alternative Dispute Resolution:
a. Following issuance of the notice of disciplinary action the employee subject to discipline, the employee's association and the City, by mutual agreement, may request mediation to attempt to resolve any disputes over the proposed discipline.
b. The parties may mutually agree to pursue mediation any time following issuance of the notice of proposed discipline and up to the time the discipline is scheduled to go to appeal.
c. In the event the discipline is not resolved through mediation neither evidence nor concessions agreed to or offered during the mediation S¼::IGR proceedings will be admissible at any subsequent administrative or judicial proceeding concerning the discipline. However, evidence otherwise admissible outside of the mediation is not inadmissible or protected from disclosure solely by reason of its introduction or use in such proceedings.

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SEC. 1001420014 APPEAL PROCEDURE FOR PUNITIVE ACTION OTHER THAN

SUSPENSION, REDUCTION IN PAY, DEMOTION OR TERMINATION
The following informal is-procedure will apply to public safety officers (as defined by Government Code Section 3301) and fire employees (as defined by Government Code Section 3251) as to written reprimands, disciplinary transfers, or non-voluntary, nondisciplinary transfers resulting in a loss of compensation (e.g., non-disciplinary transfer out of premium pay assignment).

At no time will an employee be required to waive his/hertheir legally provided appeal rights.

A. Appeal to the Department Head or His/HerTheir -Designee

1. AR covered employee who receives notice of a punitive action covered by this section will be entitled to appeal the action to the applicable Fire Chief or Police Chief prior to the effective date of the punitive action. The appeal is an opportunity for the employee to present written material and arguments why a punitive action should not occur or offer alternatives to the action. a. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of notification of a punitive action, the employee will notify the Chief in writing that he/shethey intends to appeal the punitive action. The notice of appeal will specify the action being appealed and the substantive and procedural grounds for the appeal.

Nothing in this section will limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending. b. Presiding Hearing Officer: In an informal procedure, t+he Chief or his/hertheir designee will act as the presiding hearing officer. The Chief or their designee shall conduct the informal procedure in accordance with these processes. The determination of the Chief shall be final and binding.

If the Chief cannot serve as the presiding hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or his/hertheir designee will serve as the presiding hearing officer and, in that case, the City Manager or their designee's determination shall be final and binding.

The Chief will have five (5) calendar days from receipt of the request to schedule the informal procedurean appeal hearing. The informal procedure hearing will take place within thirty (30) calendar days of the date the employee was notified about the punitive action.

2. Burden of Proof: The City will bear the burden of proof at the informal procedurehearing.
a. If the action being appealed does not involve allegations of misconduct (i.e., allegations that the employee has violated one or more federal, state, Disciplinary Actions
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or local laws, and/or City or Department regulations, procedures, or rules) the limited purpose of the procedure hearing will be to provide the employee the opportunity to establish a record of the circumstances surrounding the action._ - The Department's burden will be satisfied if the Department establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.
b. If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the Department will have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

3. Conduct of Informal ProcedureHearing:
a. The formal rules of evidence do not apply, although the Chief will have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time.
b. The parties may present arguments through documents and statements. c. If the punitive action being appealed is a written reprimand or does not involve a loss of compensation, the parties will not be entitled to confront and cross-examine witnesses.
d. Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the presiding hearing OQfficer.
e. Representation: The employee may be represented by an association representative or attorney of his or hertheir choice.

4. Decision:
a. After the informal procedurehearing, a decision will be submitted in writing within five (5) calendar days.
b. If, after the informal procedure, hearing, a decision is rendered which imposes the punitive action, the action will not be effective sooner than forty-eight (48) hours of issuance of the final notice of discipline. c. If the decision involves a public safety officer, the Chief's decision will be final.

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d. If the decision involves a firefighter, it will be served by first class mail, postage pre-paid, upon the firefighter as well as his/hertheir attorney or representative, will be accompanied by an affidavit or certificate of mailing, and will advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.

SEC. 1001520015 RESPONSE TO ADVERSE COMMENTS
A public safety officer or firefighter employee will have thirty (30) days within which to file a written response to any adverse comment entered into his or hertheir personnel file, which does not constitute a punitive action as described above. The written response will be attached to the adverse comment.

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DIVISION 21

EMPLOYEE GRIEVANCE
Updated: March 7, 2012
SEC. 11001 21 001 INTRODUCTION
The purpose of this Division is to identify City policy and practices with regard to the handling of Employee Grievances.

SEC. 1100221 002 GRIEVANCE DEFINED
Subject to the exclusions listed in this Policy, a grievance is defined as any dispute that: a) is job-related, b) is wholly or partially within the province of the City to rectify or remedy, c) concerns terms and conditions of employment, d) involves the interpretation, application, or alleged violation of a specific provision of these Polices or a current Memorandum of Understanding (MOU) between the City and a recognized employee organization representing City employees, and e) is not subject to any other City dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement.

The following matters are excluded from the definition of "grievance":

0. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meeting and conferring process or matter within the scope of representation;
Requests for chan es in the content of em lo ee evaluations or performance reviews, ,
Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase;
Challenges to any disciplinary action;
Challenges to examinations or appointment to positions; Management of the City generally;
Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs;
Methods of financing;
Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force;
Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions; Determination of work assignments and schedules;
Determination of productivity or performance programs and standards; Determination of standards, policies, and procedures for selection, training, and promotion of employees; and
Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities.

A complaint of harassment, discrimination, or retaliation based on a protected classification. (See complaint procedure under Division 29.

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SEC. 1100321 003 PURPOSE OF EMPLOYEE GRIEVANCE POLICY
The expressed purpose of the Employee Grievance Policy is to provide for fair and prompt, review and resolution, of those issues and problems affecting labor relations.

SEC. 1100421 004 EMPLOYEE RIGHT TO FILE GRIEVANCE
A grievant is a regular employee who is personally affected by an act or omission provided that the act or omission comes within the definition of "grievance" as described herein.

SEC. 1100521 005 EMPLOYEE ASSOCIATION RIGHT TO FILE GRIEVANCE An employee association may file a grievance concerning the interpretation, application, or alleged violation of the MOU.

SEC. 1100621 006 INTIMIDATION OR HARASSMENT PROHIBITED
Employees, who have filed or expressed the intent to file an Employee Grievance, shall not be subjected to intimidation, harassment, retaliation or any other type of unfair treatment.

Special Note: This section is not meant to preclude the right of other employees (subordinates, co-workers, or superiors) who are involved or affected by the Grievance, to express their views of the situation, even though such views may be contrary to those held by the employee initiating the Grievance. Any comments or discussions with regard to a proposed or actual Employee Grievance shall, however, be handled in a reasonable and proper manner with due consideration and respect shown toward all involved parties.

SEC. 1100721 007 FALSE OR PURPOSELY DISRUPTIVE EMPLOYEE GRIEVANCE

PROHIBITED
While every employee of the City of Los Banos is protected against acts of intimidation, harassment, retaliation or other types of unfair treatment when he/shethey have--RaS filed an Employee Grievance, such employee is however subject to disciplinary action if it is determined that the Grievance was based upon information that the initiating employee knows to be false or deliberately misleading, or that the purpose of the Grievance was to deliberately disrupt or interfere with the proper and legal operation or performance of another employee, the City, or a City Department.

Special Note: This section is meant to preclude the filing of frivolous or malicious Employee Grievances only. If an employee files a Grievance based upon hislhertheir good faith belief as to its validity and justification, helshethev have-has not violated this section even if the basis of the Grievance is later found to be false or improper.

SEC. 1100821 008 STEP 1: INFORMAL RESOLUTION OF EMPLOYEE GRIEVANCE Employee Grievance
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Within fourteen (14) calendar days of the occurrence of the act(s), or the employee organization becoming aware of the act(s) that constitute the grievance, an employee shall discuss the grievance with his/hertheir immediate supervisor, who will investigate and attempt to resolve the matter. The supervisor will give the employee an oral reply within fourteen (14) calendar days after the discussion. If the employee is not satisfied with the reply, he or shethey may proceed to Step 2.

Special Note: If the concern involves a violation of law and the immediate superior is suspected as being involved, review should be with the next higher level of command not believed to be involved in the suspected illegal act.

SEC. 1100921 009 STEP 2: FILING A FORMAL EMPLOYEE GRIEVANCE Any grievance not resolved at Step 1 may be submitted in writing to the immediate supervisor Department Head no later than fourteen (14) calendar days after the date of the supervisor's oral reply.

A. Formal Employee Grievances shall be submitted on the prescribed form (Employee Grievance Report (Form 21-1 ) - included in this division) to the employee's Department Head.

Additionally, employees may report a grievance or incident of workplace wrongdoing by calling the Employee Protection Line® as described in Division 1, Section 1007 of this Manual.

B. Upon receipt of the Employee Grievance Report, the Reviewing Official shall conduct a thorough review of the circumstances giving rise to the Grievance, including a meeting with the employee who initiated the Grievance. At the time of such meeting, which shall be scheduled no later than seven (7) calendar days from the date the Department Head received the Employee Grievance Report, the employee may bring with him/herthem one (1) advisor representative of his/hertheir choice (e.g., a union representative, shop steward or co-worker) to assist in presentation of his/hertheir concerns. Electronic or mechanical recording of the hearing is permitted by any participant.

Within ten (10) calendar days after the date of the Grievance Hearing the employee initiating the Grievance shall be provided with a written response (Finding on Employee Grievance (Form 21-2) - included in this division) which sets forth the Department Head's findings on the Grievance and specifies what, if any, action will be taken to correct the problem. Exception: In those situations where additional review is required, the employee shall be given written notice of this fact within the normal ten (10) day response time and follow-up notices of delay by the conclusion of each subsequent ten (10) day period thereafter until such time as the Findings are completed.

SEC. 1101021 010 STEP 3: CITY MANAGER APPEAL
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If an employee is dissatisfied with the initial Finding on Employee Grievance, he/shethey may appeal the decision to the City Manager.

A. To exercise their right to appeal an initial Finding on Employee Grievance, employees must file a written request with the City Manager by no later than five (5) calendar days from the date they received the Step 2 Findings on Employee Grievance. The request for Appeal shall include: copies of the original Employee Grievance Report, Findings on Employee Grievance, and a cover letter setting forth the specific reasons the employee disagrees with the decision reached with regard to his/hertheir Grievance. Failure to submit the required material within the specified time period shall be considered as a waiver of the employee's right to Appeal.

B. Upon receipt of a Grievance Appeal, the City Manager shall conduct a thorough review of circumstances giving rise to the Grievance, including a meeting with the employee initiating the Grievance within no later than ten (10) calendar days from the date the City Manager received the employee's Grievance Appeal.

C. The decision of the City Manager will be final and binding. The City Manager's decision will be limited as follows:

1. The decision shall neither add to, detract from, nor modify the language of these Policies or any applicable MOU.

2. The decision shall be confined to the precise issue(s) the grievance has raised and that the grievant has submitted.

3. Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event shall any grievance award include any compensatory damages or attorneys' fees.

SEC. 11011 21 011 SETTLEMENT OF GRIEVANCE
Any grievance shall be deemed settled when it is not appealed to the next step within the specified time limit, unless an extension of time to a definite date has been mutually agreed upon in writing. Any grievance that the grievant fails to timely move to the next step shall be deemed resolved on the basis of the last disposition.

SEC. 1101221 012 REPRESENTATION
An employee may have a representative present at all stages of the grievance procedure, except that no one may be represented by an employee he or shethey supervises, and no employee may be represented by his or hertheir supervisor or Department Head. If the employee's representative is a fellow employee, that employee will receive___Qfilg_ time off from his or hertheir work assignment for the time of the grievance meeting or hearing plus reasonable travel time. Forty-eight (48) hours prior to the grievance meeting, the Employee Grievance
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employee shall inform the immediate supervisor, Department Head or City Manager whether he or shethey shall be represented at the grievance meeting and shall identify the representative.

SEC. 1101321 013 WITHDRAWAL
A grievant may withdraw any grievance at any time, without prejudice, by giving written notice to the City representative who last took action on the grievance, and by providing a copy of the notice to the Human Resources Director.

SEC. 1101421 014 RESUBMISSION
Upon consent of the person hearing the grievance and the grievant, a grievance may be resubmitted to a lower step in the grievance procedure for reconsideration.

SEC. 1101521 015 MISCELLANEOUS
If an employee is given an order that he or shethey wishes to grieve, the employee must first comply with the order and file a grievance later, unless the employee reasonably believes that the assignment endangers the health or safety of the employee or others or if the employee reasonably believes that the requested assignment violates the employee's constitutional rights.

SEC. 1101621 016 DELEGATION
The City Manager may delegate non-involved Department Heads or other managementlevel employees to act on his or hertheir behalf in these processes. The findings and recommendations they render will be advisory to the City Manager, whose ultimate decision will be final and binding.

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EMPLOYEE GRIEVANCE REPORT
(FORM 21-1)
Updated: March 7, 2012
Initiated By: _______ __ Rank/Title: _____ Department: ____ _ Names and Departments of Witnesses or Others Involved (if applicable) Name: Title: Department:

Name: Title: Department:

Statement of
Grievance:

Policies or MOU Provision at Issue:

Specific Remedy Sought: ______________________ _
Name of Reviewing Official: _________ Title: _____ Date: ___ _ Signature of Employee: ___ _____________ _ Date: ____ _ (Administration Receipt of Grievance)
Grievance Received By: __________ Date: _____ Time: ___ _ Employee Grievance
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( ) FINDING ON EMPLOYEE GRIEVANCE
( ) FINDING ON APPEAL OF EMPLOYEE GRIEVANCE
(FORM 21-2)
Name of Grievant: _ ___ Rank/Title: _ _ _ Department: __ _ Date and Time of Hearing: D: ___ T: ___ Date of Response: _____ _ Decision of Findings: _ _____ ____ __________ __ _
Corrective Action Taken: ( ) Yes ( ) No (State Reason(s): ------- --- - (Check One)
( ) If you disagree with this decision you may appeal to _ ________ __ _ (Name/Official) by no later than 5:00 pm on --------- -------- (Title) (Date) Failure to file an appeal by the date and time specified shall be considered as a waiver of your rights.
( ) The decision rendered with regard to your Grievance is considered as Final and Binding. You have no further Appeal Rights within the City Structure.

Signature of Reviewing Official Title
Grievant Signature Title
(Employee Acknowledgement of Receipt)
Employee Grievance
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DIVISION 22

PERSONNEL RECORDS
SEC. 12001 22001 INTRODUCTION
Updated: March 7, 2012
The purpose of this Division is to identify City policy with regard to the maintenance of Personnel Records.

SEC. 1200222002 MAINTENANCE OF MASTER PERSONNEL FILES
The Human Resources Director shall maintain a Master Personnel File on every employee of the City of Los Banos. An employee's personnel file will contain only material that is necessary and relevant to the administration of the City's personnel program, including-:

Such file shall contain all information pertinent to an employee!~s recruitment, work status, and or resignation, retirement, or discharge. Personnel files are the property of the City and access to the information they contain is restricted.

SEC. 1200322003 MAINTENANCE OF DEPARTMENT SUPERVISOR PERSONNEL FILES
In order to insure effective management control and provide for prompt performance reviews, Department Heads may maintain Supervisor Files Personnel Files on those employees under their command. Such files may include all documentation contained in the Master Personnel File as well as #lat-material temporarily maintained by supervisor, manager, or the Department Head for use in preparing the employee's annual evaluation.

Such temporary information shall be destroyed after the relevant information is included in, or attached to, the employee's annual evaluation. for Departmental information only, which is not necessarily included in the employee's Master Personnel File.

SEC. 1200422004 PERSONNEL REPORTS TO CITY MANAGER REQUIRED The City Manager or his/hertheir designee shall be provided, at the earliest reasonable time, with a complete copy of all documentation involving; appointments, performance evaluations, promotions, resignations, retirements, uncompensated leave of absences, or disciplinary actions resulting in suspensions with loss of wages, demotions in permanent rank or salary range, or termination of employment. A complete copy of such documentation shall be included in the involved employee's Master Personnel File.

SEC. 1200522005 ADMINISTRATIVE ACCESS TO PERSONNEL RECORDS The following persons have unrestricted access to both the Master Personnel Files and Departmental Supervisor Personnel Files; a) the Human Resources Director, the City Manager or his/her designee, the Assistant City Manager or his/her designee, and the City Attorney or his/her designee. The Human Resources Director may provide an investigator with access to an individual employee's Personnel File and Departmental Supervisor file in the context of a personnel investigation. The following persons have unrestricted access to Personnel Records
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the Master Personnel Files and Departmental Supervisor Files Personnel files of those employees under their command; a) Department Heads or their designees, and b) Division Heads or their designees.

SEC. 1200622006 CITY COUNCIL ACCESS TO PERSONNEL RECORDS The Los Banos City Council shall be entitled to access employee Master Personnel Files and Supervisor Files only in accordance with the following guidelines; a) while the Council is in closed session, the matter is relevant to an issue or matter currently before the Council and within the legally recognized basis for the closed session, -and a majority vote to review a specific Master Personnel File(s) or Supervisor Files has been passed, or b) when the Council or a designated group of Council Members are serving as an employee review or hearing board and specific Master Personnel Files or Supervisor Files are considered to be pertinent to the review or hearing by the majority of the Council, or Hearing Board, or the City Manager.

SEC. 1200722007 EMPLOYEE ACCESS TO PERSONNEL RECORDS
A. Inspection of File. AR current or former employee may inspect his or hertheir own personnel file, to the extent defined in California Labor Code section 1198.5, at reasonable times and at reasonable intervals, within 30 days of the City receiving a written request, or within 35 days by mutual agreement of the City and the employee.

Prior to making records available for inspection or providing a copy of those records. the City may redact the name of any nonsupervisory employee contained therein. The City is not required to make the following records available for inspection, or to provide a copy thereof:

1. 2.

3. Records relating to the investigation of a possible criminal offense.

Letters of Reference
Ratings, reports, or records that were obtained prior to the employee's employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.

AR current or former employee who wishes to review his or hertheir file should contact the Human Resources Director to arrange an appointment. The review must be done in the presence of the Human Resources Director or his/her designee.

Copies. A current or former employee is entitled to receive a copy of any employment-related document that they have signed, within 30 days of the City receiving a written request, or within 35 days by mutual agreement of the City and the employee. 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 the Human Resources Department.

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B-,.C. In the event the employee wishes to have another person/representative inspect their personnel file. the employee must provide written authorization to the City.

The Human Resources Department will notify the employee 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.

Special Note: Personnel Files shall be reviewed by employees at the location designated by the Management Official in charge of the files. Under no circumstances may the file be removed from the review location specified nor shall the employee remove, alter, or destroy any documentation contained therein.

SEC. 1200822008 RELEASE OF INFORMATION CONTAINED IN PERSONNEL FILES Information contained in Personnel Files shall be considered and treated as highly confidential. Further, the release of such information, to other than those persons specifically designated as receivers, shall be done only in response to the requirements of existing law, a court order, or a written request of an employee or past employee to release such information.

A. Public Information

8. Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information if it believes doing so would constitute an unwarranted invasion of privacy.

Response to Subpoena
In response to a subpoena for personnel records, the Human Resources Director or Custodian of Records (which will usually be the Department Head or his/her designee) should adhere to the following process; a) Accept a properly prepared and served subpoena for records, b) Confirm that the subpoena is accompanied by a waiver to release information signed by the (ex) employee or the (ex) employee's attorney or by a proof of service record indicating that the (ex) employee has been notified of the subpoena for records, c) Personally prepare and collect the documents requested, d) Hold the records until the actual due date, e) Prepare a bill for actual time and materials spent, f) Produce the records and bill as required on the due date. If the Custodian of Records must appear in court additional cost factors should be figured in. In such circumstances, a deposit may be required.

The (ex) employee may challenge the subpoena in court. The holding period gives the (ex) employee a chance to notify the City of the appeal to the release of records.

If that occurs, a legal opinion as to the release should be sought. If the City is notified of a motion to deny the release of records the City will not produce the records without an order from the court or an agreement signed by all parties.

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The aforementioned process will generally not apply to personnel records that do not identify a particular employee or in some cases involving industrial relations or workers' compensation proceedings.

Pitchess motions and other subpoenas or requests for law enforcement records should be reviewed by legal counsel.

Employees who are unsure how to proceed with any subpoena should consult with the City Manager and/or City Attorney.

C. Reference Checks
All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the Human Resources Director for authorization. Information will be released only if the employee signs a WAIVER AND RELEASE OF INFORMATION (either Non-Sworn (including Fire Personnel) or Sworn) an AUTHORIZATION FOR RELEASE OF EMPLOYMENT INFORMATION (Form DIV 12 1) attached to this Rule, except that without such authorization, the following limited information will be provided: dates of employment, and salary upon departure. Department Heads and Supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the Human Resources Director on a case-by-case basis.

D. Medical Information
Medical information will be released only in accordance with Section 12011 below.

SEC. 1200922009 DESTRUCTION OF RECORDS
Personnel Files of present or past employees shall not be deliberately altered, damaged, destroyed or discarded, except in accordance with the provisions of existing law (governing record destruction) and upon receipt of written approval of the City Attorney.

SEC. 1201022010 NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION Within fourteen (14) days of the occurrence, each employee is responsible to notify the Human Resources Department and Department Head of any changes in relevant personal information, including:
• Mailing address
• Telephone number
• Persons to contact in emergency
• Number and names of dependents
SEC. 12011 22011 MEDICAL INFORMATION
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A.

Updated: March 7, 2012
Separate Confidential Files
All medical and psychological information about an employee or applicant is kept separately and is treated as confidential, in accordance with the Americans with Disabilities Act (42 U.S.C. section 12112(d)(3)(b)) and the California Confidentiality of Medical Information Act (Cal. Civil Code section 56 et seq.), and any other applicable state or federal law.

B. Information in Medical Files
The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION (Forms 22-1 (Non-Sworn Employees and Firefighters) and 22-2 (Sworn Peace Officers~).

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

The City will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION (Form ~22-3) attached to this Rule. The City will release only the medical information that is identified in the employee's authorization. If the employee's authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.

SEC. 1201222012 SUPERVISOR'S FILE
Supervisors may maintain confidential working files regarding employee performance to facilitate performance management. Such files shall contain only information directly related to an em lo ee's work erformance and conduct such as dated factual notes on erformance observations and coachin discussions.
ervisors must maintain all
information in a secure and confidential manner, adhering to all applicable laws and City policies.

Supervisors .. review and purge working files of outdated or unnecessary documents after each formal annual review is completed. When the employee moves to another city Personnel Records
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position, or a supervisor leaves their position, the employee's file will be transferred to the next supervisor. Upon the employee's separation from employee, the file will be transferred to Human Resources for retention in accordance with the official records retention schedule.

SEC. 22013 LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS COVERED BY

THE POBR OR FOBR - EMPLOYEE RIGHT TO REVIEW ADVERSE COMMENTS For law enforcement officers and firefighters covered by the POBR or FOBR, n-No adverse comment or negative investigative finding shall be entered into their an employees personnel file or any other file used for any personnel purposes before they have tRe employee has been given the opportunity to review and sign the adverse material. If a law enforcement officer or firefighter t-Ae--covered by the POBR or FBOR employee refuses to sign an adverse comment or investigative finding, this fact will be noted on the document and then entered into the his/hertheir employees personnel file.

SEC. 1201322014 LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS COVERED

BY THE POBR AND FOBR - EMPLOYEE RIGHT TO RESPOND TO ADVERSE

COMMENT
For law enforcement officers and firefighters covered by the POBR or FBOR, they Employees shall have the right to file a written response to any adverse comment placed into their personnel file or any other file used for any personnel purposes; provided that the written response is filed no longer than thirty (30) calendar days from the date they were the employee was given the opportunity to review the adverse comment and informed that it was being placed into their his/her personnel file.

When the covered law enforcement officer's or firefighter's an employee response to an adverse comment is received within the thirty (30) calendar day period specified, the response shall be attached to and become a part of the adverse comment documentation.

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Updated: March 7, 2012

WAIVER AND RELEASE OF INFORMATION - NON-SWORN (INCLUDING FIRE

PERSONNEL)
(FORM 22:..1}
I, (print name), hereby request, authorize and consent to the release of information to (name of prospective employer) regarding my previous and/or current employment with the City of Los Banos for the purpose of evaluating my suitability for employment. I further authorize the City of Los Banos or its agent to respond to any verbal or written request regarding my employment record, including but not limited to: positions held; dates of employment; beginning and end pay rates: work performance: disciplinary records, including any records which were sealed as part of a settlement: reliability and any incidents of dishonest, insubordination, violence and/or unsafe behavior: harmful or threatening behavior, including information based upon materials in my personnel file. I direct the City of Los Banos or its agents to release such information regardless of any agreement, instructions or representations I may have previously made with Responding Agency to the contrary. I further authorize the City of Los Banos or its agents to answer whether it would rehire me.

In addition, I authorize the City of Los Banos to release the contents of and/or to provide a photocopy of my entire personnel file with Responding Agency, if requested by (name of prospective employer), including any documents sealed pursuant to any settlement agreement or stipulation, and all application information including questionnaires, interviews, and education transcripts. I further authorize the disclosure of all records to which, as an employee, I would have or did have access under Labor Code section 1198.5 [For firefighters, I would have or did have access under:

Government Code sections 3255 and 3256].

I have received a copy of this Waiver and Release and had adequate time to review it. I understand the meaning and purpose of this Waiver and Release, and by signing this document, I release the City of Los Banos including its officers, employees, or related personnel both individually and collectively, from any and all liability for damage of whatever kind, which may at any time result to me, my heirs, and family associates because of this Waiver and Release or any attempt to comply with it. Specifically, the City of Los Banos will not be subject to any civil liability for any relevant cause of action by virtue of releasing information identified above in compliance with California Civil Code section 4 7 as amended.

This Waiver and Release will expire one (1) year after the date signed. A photocopy of this Waiver and Release is to be considered as valid as an original.

Signature of Applicant Date
Personnel Records
22-7
689
Updated: March 7, 2012

WAIVER AND RELEASE OF INFORMATION - SWORN
(FORM 22.:l}
I. (print name), hereby request, authorize and consent to the release of information to (name of prospective employer) regarding my previous/current employment with the City of Los Banos for the purpose of evaluating my suitability for employment. I further authorize the City of Los Banos or its agent to respond forthrightly to any verbal or written request regarding my employment record. including but not limited to: positions held: dates of employment: beginning and end pay rates: work performance: disciplinary records. including any records which were sealed as part of a settlement: reliability and any incidents of dishonest, insubordination, violence and/or unsafe behavior; harmful or threatening behavior, including information based upon materials in my personnel file. I direct the City of Los Banos or its agents to release such information regardless of any agreement, instructions or representations I may have previously made with the City of Los Banos to the contrary. I further authorize the City of Los Banos or its agents to answer whether the City of Los Banos would rehire me.

In addition, I authorize the City of Los Banos to release the contents and/or to provide a photocopy of my entire personnel file with the City of Los Banos, if requested by (name of prospective employer), including any documents sealed pursuant to any settlement agreement or stipulation and all application information, including questionnaires. interviews, education transcripts and polygraph examination results. If the prospective employer is a law enforcement agency, I authorize the City of Los Banos to release all information that it obtained from my prior employers. (Gov. Code. § 1031.1.) If the prospective employer is a governmental agency. I authorize the City of Los Banos to provide local criminal history information (conviction information: arrest information within five years from date of arrest and where no post arrest diversion program was completed). (Lab. Code.§ 432.7; Pen. Code.§ 13203.) I am aware that my personnel file or information contained therein may be considered confidential under subdivision (c) of Government Code section 6254 and Penal Code section 832.7, and therefore subject to disclosure only pursuant to a noticed motion under Evidence Code section 1043 et seq. By signing this authorization. I HEREBY WAIVE ANY AND ALL RIGHTS to have any record(s) or information contained therein disclosed only by noticed motion. I also authorize the disclosure of all records to which, as an employee, I would have or did have access under Labor Code section 1198.5 and Government Code section 3306.5.

I have received a copy of this Waiver and Release and had adequate time to review it. I understand the meaning and purpose of this Waiver and Release, and by signing this document, I release the City of Los Banos including its officers, employees, or related personnel both individually and collectively, from any and all liability for damage of whatever kind, which may at any time result to me, my heirs, and family associates because of this Waiver and Release or any attempt to comply with it. Specifically, the City of Los Banos will not be subject to any civil liability for any relevant cause of action by Personnel Records
22-8
690
Updated: March 7, 2012
virtue of releasing information identified above in compliance with Government Code section 1031.1 and California Civil Code section 47 as amended.

This Waiver and Release will expire one (1) year after the date signed. A photocopy of this Waiver and Release is to be considered as valid as an original.

SIGNATURE MUST BE NOTARIZED
Signature of Applicant Date
County of , State of California
On before me
Date Print Name and Title of Officer (Notary Public)
personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person or entity upon behalf of which the person acted. executed the instrument.

WITNESS my hand and official seal.

Signature of Notary Public
State of California }ss
County of Merced
On before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authoriz.ed capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.

LS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Personnel Records
22-9
SJnature of Notary Public
691

AUTHORIZATION FOR RELEASE

OF EMPLOYMENT INFORMATION
(FORM DIV 12 1)
Updated: March 7, 2012
respectfully request and authorize you to furnish
any and all information that you may
have concerning me, my work record, school record, my reputation, my financial and credit status. Please include any and all medical, physical and mental records or reports including all information of a confidential or privileged nature, and Photostats of same if requested.

I hereby release the City of Los Banos, its organization or others from any liability or damage, which may result from furnishing the information requested above.

Applicant's Signature
Applicant's Street Address
Personnel Records
22-10
Date
City, State, Zip Code
692
Updated: March 7, 2012
City of Los Banos
520 J Street, Los Banos, California 93635
Phone: (209) 827 7000 Fax: (209) 827 7010

AUTHORIZATION FOR RELEASE

OF EMPLOYEE MEDICAL INFORMATION
(FORM 22-~)
I, ______________ , t{full name of employeeB hereby
authorize the City of Los Banos to release the medical information described below to-_______________ Hindividual or organization
authorized to receive the medical information l
This authorization is limited to the following types of , the following medical information from my personal medical records:
{--------+Describe generally the information desired to be releasedJ. including if you intend for certain medical information created in the future to be covered by this authorization letter] .

I give my permission for this medical information to be used for the following purpose:
[Describe the purposes for which the information may be used. e.g., to assess reasonable accommodations]. I but I do not give permission for any other use or re-disclosure of this information.

This authorization shall expire on
Personnel Records
22-11
[date].
693
Updated: March 7, 2012
OPTIONAL: I DO NOT by this Waiver and Release intend for the following information to be released as a result of this authorization letter:
(Note: Several extra lines are provided belo,.v so that you can place additional restrictions on this authorization letter if you want to. You may, however, leave these lines blank. On the other hand, you may \•-<ant to: 1) specify a particular expiration date for this letter (if less than one (1) year); 2) describe medical information to be created in the future that you intend to be covered by this authorization letter; or (3) describe portions of the medical information in your records ,.vhich you do not intend to be released as a result of this letter.)
I understand that I have the right to receive a copy of this authorization upon my request. By placing my initials in the margin to the right of this clause1 I hereby acknowledge that a copy of this authorization has been received.

Print full name of Employee or Legal Representative
Signature of Employee or Legal Representative ____ """"D'--'a'-'-"t--e--"-o __ f ___ S=ig=n=a=tu=r-=e Personnel Records
22-12
694
Updated: March 7, 2012
NOTE: This authorization must be in a typeface no smaller than 14- point type, or it can be handwritten by the employee.

Date of Signature
Personnel Records
22-13
695
Updated: December 4, 2013
DIVISION 23

BUSINESS AND TRAVEL EXPENSES
SEC. 1300123001 INTRODUCTION
The purpose of this Division is to identify policy with regard to City funding of certain expenses incurred by employees who are engaged in official business or travel.

SEC. 1300223002 POLICY STATEMENT
It shall be the policy of the City of Los Banos to provide funding for the actual and reasonable costs incurred by employees and official guests who are required or authorized to participate in business functions and activities that are initiated or approved by the City.

SEC. 1300323003 OFFICIAL GUEST DEFINED
The term "Official Guest" shall mean a person, other than an employee of the City, who was invited to participate in a City function or activity by a Division Head, Department Head, the City Manager, or City Council, after a determination was made by the inviting authority that participation of the guest was appropriate and beneficial to the interest of the City.

SEC. 1300423004 PRIOR APPROVAL OF EXPENDITURES REQUIRED Business and Travel expenditures must be approved in advance by a Division Head, Department Head, the City Manager, or City Council. Failure to receive prior approval may result in denial of reimbursement. Exception: In the case of an unforeseen situation where expenditures were found to be necessary and proper, approval may be forthcoming after the fact.

SEC. 1300523005 TYPES OF EXPENSES COVERED
The typical type(s) of expenses that are allowable, in accordance with the guidelines set forth in this Division, are; meals, refreshments, lodging, transportation, admission, membership, registration, and miscellaneous costs and fees.

SEC. 1300623006 FUNDING ARRANGEMENTS
As determined appropriate by a Division Head, Department Head, the City Manager, or City Council, business and travel expenses may be funded; a) by advance funding to the employee b) by direct payment to the vendor of services or supplies, or c) reimbursement to the employee or official guest after expenses are incurred. Unless otherwise provided for in this policy, nNormally, higher type costs, such as lodging and commercial travel, are paid directly to the vendor. Conversely, lesser costs, such as one-day type lunches and short distance private vehicle travel, are funded by reimbursement.

Business and Travel Expenses
23-14
696
Updated: December 4, 2013
SEC. 1300723007 PERSONAL VEHICLE USE
Whenever an employee is permitted or required to use his/hertheir private vehicle for official City business, he/shethey shall be entitled to advance funding in the amount equivalent to current Internal Revenue Service (IRS) standards for travel to and from approved destination by the most direct route.

A. Employees shall not use private vehicles for official City business unless they have received prior approval of a Division Head, Department Head, the City Manager, or City Council.

B. In order to receive approval for use of a private vehicle for official City business an employee must present a copy of the current insurance coverage on the vehicle to the approving authority. The insurance coverage shall meet the minimum requirements set forth in State Law.

C. When an employee who has been granted permission to use his/hertheir private vehicle on official City business and is involved in an accident (regardless of the severity) helshethey shall immediately file a report with the police agency having jurisdiction over the accident scene. Additionally, he/shethey shall file a report with his/hertheir supervisor immediately upon return to duty.

Special Note: In the case of accidents involving personal vehicles, the City shall consider the employee's personal auto insurance as the primary insurance and the City's coverage as secondary.

D. The City shall not consider itself liable to any degree when an employee; a) uses hislhertheir private vehicle for official City business without proper approval, b) when an employee uses hislhertheir personal vehicle without proper insurance, or c) when an employee operates his/hertheir private vehicle while under the influence of alcohol or drugs or in reckless disregard for the safety of himself/herthemself or others.

SEC. 1300823008 COMMERCIAL TRAVEL
Whenever travel by commercial carrier is authorized the City shall fund the lowest available fare, normally identified as coach or economysecond class. Employees and official guests may at their own expense, upgrade to first class by paying the difference between the coach or second economy class fare and first class. Receipts are required even if the vendor is paid direct by City warrant.

SEC. 1300923009 LODGING ACCOMMODATIONS
Whenever an overnight stay is necessary the City shall fund the actual cost of the room for employees and official guests. Room accommodations shall be selected or approved by a Division Head, Department Head, the City Manager, or City Council, to assure that they are reasonably priced for the type of function being attended in the geographical area Business and Travel Expenses
23-15
697
Updated: December 4, 2013
where they are located. Receipts are required even if the vendor is paid direct by City warrant.

SEC. 1301023010 MEALS
Meals are normally provided or funded by the City whenever an employee or official guest are; a) participating in an approved business activity during an established meal period; b) participating in an approved business activity that is combined with the service of a meal; or c) traveling out of town on approved business during an established meal period.

A Meal Period - Established Meal Periods are: Breakfast, 6:00 a.m. - 8:00 a.m.; Lunch, 12:00 p.m. - 2:00 p.m.; and Dinner, 5:00 p.m. - 8:00 p.m.

B. Funding Limits - Except when higher amounts are approved by Division Heads, Department Heads, the City Manager, or City Council, funding for meals shall not exceed the applicable U.S. General Services Administration (GSA) "Standard Rate", as published on the GSA website: https://www.gsa.gov/travel/plan-book/per-diemrates.

The per person meal limits for 2025 are: Breakfast - $16.00: Lunch - $19.00; and Dinner - $28.00.(per person) is limited to: Breakfast $8.00; Lunch $12.00; and Dinner $23.00.

SEC. 13011 23011 ADMISSION, MEMBERSHIP, AND REGISTRATION FEES The City shall fund the actual cost of admission, membership or registration fees for employees and official guests who are participating in an approved City function or activity.

Receipts are required even if the vendor is paid direct by City warrant.

SEC. 1301223012 MISCELLANEOUS FEES AND EXPENSES
The City shall fund the actual cost of miscellaneous fees and expenses such as parking fees, toll fees, training materials, supplies, refreshments, and mileage reimbursement aoo gasoline purohases for employees and official guests who are participating in an approved City function or activity. Receipts or certification of expenditures are required.

SEC. 1301323013 BUSINESS AND TRAVEL EXPENSE CLAIMS
Business and Travel Expense Claims shall be completed for all expenditures of City funds during business and travel. The claim form, which also serves as a certification of expenditures, shall be signed by the employee receiving the funding and approved by the employee's Division Head, Department Head, or City Manager. See Business and Travel Expense Claims and Certification of Expenditures Form included in this Division.

Employees will be required to provide receipts to account for all reimbursements for business and travel expenses.

Business and Travel Expenses
23-16
698
Updated: December 4, 2013
Employee:

Purpose:

Location:

Travel Dates:

BUSINESS AND TRAVEL EXPENSE CLAIMS

AND CERTIFICATION OF EXPENDITURES
(FORM 23-1)
Department:

Account(s):

FUNDS TO BE REIMBURSEMENT

EXPENDITURES EXPENDED AMOUNT REQUESTED
Transportation (mileage)
Commercial Transportation
Lodaina
Meals
Admission, & Reaistration Fees
Miscellaneous
TOTAL

APPROVAL OF BUSINESS AND/OR TRAVEL EXPENSES
Signature of Division/Dept Head/Citv Manager: Date:

EMPLOYEE ACKNOWLEDGMENT

ACTUAL FUNDS

REIMBURSED
I hereby acknowledge that I was advanced funds in the above amount for City Business and/or Travel Expenses during the specified travel dates above,:_ (Receipts for these expenditures are not required).

Sianature of Employee: Date:
********FINANCE USE ONLY (Direct Payments by City Warrant)*"'*,,.;,.*,_ Warrant Payable To:

Finance Official:

Date Issued
Date:

Business and Travel Expenses
23-17
Amount Warrant No.
699

TRAVEL EXPENSE WORKSHEET
(FORM 23-2)
(For Meals and Miscellaneous Expenses)
Updated: December 4, 2013
Employee: _________ _ Purpose: _________ _ Dates:

DATE BREAKFAST LUNCH
(up to $168) (up to $1942)
$ $

DINNER MISC
(up to $28~) EXPENSE
$ $
Business and Travel Expenses
23-18
(Include Description)
GRAND TOTAL: $
700
DIVISION 24

LEAVES OF ABSENCE
Updated: March 7, 2012
SEC. 14001 24001 INTRODUCTION
The purpose of this Division is to identify City and employee rights and responsibilities with regard to the specific types of Leaves of Absence recognized by the City.

SEC. 1400224002 FAMILY AND MEDICAL CARE LEAVE
A. STATEMENT OF POLICY
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. Unless otherwise provided by law, the City will run each employee's FMLA and CFRA leaves concurrently.

B. DEFINITIONS

1. "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 stepchild_._, legal ward, or a ohild of a person standing in loco parentis.

A child is "incapable of self care" if he/shethey 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. (29 CFR § 825.102; Gov. Code § 12945.2(c)(1).)
b. Under the CFRA, "child" means a child, including a child who is 18 years of age or older who is capable of 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.

Leaves of Absence
24-1
701
Updated: March 7, 2012

1. "Covered active duty" means: 4a) 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 2b} 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 specified provisions. (29 CFR § 825.102.)

2. "Covered Service member" means: 4a) 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 b2) 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. (29 CFR § 825.102 & 825.122.)

3. "Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave. ~ "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. (Fam. Code § 299.2.}means an individual as defined in Family Code section 297 et seq. •5. "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.

L "Grandchild" means a child of the employee's child.

7. "Grandparent" means a parent of the employee's parent. •8. "Health Care Provider" means:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; Leaves of Absence
24-2
702
Updated: March 7, 2012
c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
d. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom the City or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. (29 CFR § 825.102; Gov.

Code § 12945.2(c)(6).)
•~"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 his or hertheir nearest blood relative for purposes of military caregiver leave under the FMLA. (29 CFR § 825.102.)
•~"Outpatient Status" means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: a) a military medical treatment facility as an outpatient; or b) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (29 CFR § 825.102.)
•.11_"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. (29 CFR § 825.102; Gov. Code § 12945.2(c)(7).)
•12. "Parent-in-law" means the parent of a spouse or domestic partner of the employee.
•~"Serious health condition" means an illness, injury impairment, or physical or mental condition that involves:
a. Inpatient Care in a hospital. hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other Leaves of Absence
24-3
703
Updated: March 7, 2012
regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered "inpatient" when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight: or (i.e., an 0>1ernight stay) in a hospital, hospice,or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or
b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
1) A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition of more than three (3) consecutive calendar days, and
2) any subsequent treatment or period of incapacity relating to the same condition, that also involves:
a) 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; orwithin thirty (30) days of the first day of incapacity, unless e:>denuating circumstances exist, by a health care provider, by a nurse, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider. The first in person treatment visit must take place within seven (7) days of the first day of incapacity; or b) 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.which must take place within seven (7) days of the first day of incapacity and 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 pro>1ider, it does not constitute a regimen of continuing treatment.

Leaves of Absence
24-4
704
Updated: March 7, 2012
3) Any period of incapacity due to pregnancy or for prenatal care. (29 CFR § 825.120; Gov. Code §12945.2(c)(8).) Note that pregnancy is a "serious health condition" only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave. (This entitles the employee to FMLA leave, but not CFRA lea11e. Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave.) 4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a) 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; (defined as at least twice a year) for treatment by a health care provider, or by a nurse;
b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c) 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.
5) 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.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (29 CFR § 825.113: Gov. Code § 12945.2(c)(8); 2 Cal.Code Regs § 11087(q)(1).) 1Q4=- "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 Leaves of Absence
24-5
705
Updated: March 7, 2012
in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. (29 CFR § 825.102.) 1§5. "Sibling" means a person related to the employee by blood, adoption. or affinity through a common legal or biological parent.
1Ie. "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.
1§.+. "Spouse" means a person who is currently married to an employee, regardless of the sex of the persons, (29 CFR § 825.102: Fam. Code § 300: 2 Cal.Code Regs § 11087(r).) means a husband or wife as defined or recognized under California State la1
N for purposes of marriage.
1~8. "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.~ CFR § 825.200(b)(4); 2 Cal.Code Regs § 11090(b).)
"Active Duty or Call to Active Duty Status" means a duty under a call or order to active duty (or notifiGation of an impending Gall or order to aGtive duty) in support of a Gontingenoy operation for members of the Reserve Gomponents, the National Guard, and certain retired members of the Regular Armed Forces and retired Reserve while serving on acti1Ie duty status during a war or national emergency deGlared by the President or Congress. "ContingenGy Operation" means a military operation that is: a) designated by the Secretary of Defense as an operation in which members of the United States Armed Forces are or may beGome involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or b) that results in the Gall to order to, or retention on, 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.
"Covered Servicemember" means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing mediGal treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on actii,e duty.

Serious Injury or Illness" means an injury or illness incurred by a covered servicemember in the line of duty on acti1Ie duty that may render the servicemember mediGally unfit to perform the duties of the member's office, grade, rank, or rating.

C. REASONS FOR LEAVE
Leave is only permitted for the following reasons:

1. The birth of a child or to care for a newborn of an employee; (29 CFR § 825.120; Gov. Code § 12945.2(c)(3)(A));
Leaves of Absence
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Updated: March 7, 2012
L The placement of a child with an employee in connection with the adoption or foster care of a child; (29 CFR § 825.121 : Gov. Code § 12945.2(c)(3)(A )):

L Leave to care for a child, parent, or spouse or domestic partner who has a serious health condition; Gf(29 CFR § 825.113: Gov. Code § 12945.2(c)(3)(A) & .(filt

4. Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

L Leave because of a serious health condition that makes the employee unable to perform any one or more essential the-functions of his/hertheir position,;_-:- (29 CFR § 825.113; Gov. Code § 12945.2(c)(3)(C));
§.:_Leave for a variety of "qualifying exigenciesy" arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation (29 CFR § 825.126). (under the FMLA only, not the CFRA); or

7. Under the CFRA only, leave for a variety of "qualifying exigencies" arising out of the fact that an employee's domestic partner is on active duty or call to activeduty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA: or
§.,_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_;_ incurred in the line of duty while on active military duty: 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. This leave can run up to 26 weeks of unpaid leave during a single 12-month period. (29 CFR § 825.127 -- This is a FMLA leave and not a CFRA leave.)

7. incurred in the line of duty while on aoti'1e military duty (this lea¥e can run up to P.\lenty si* (26) weeks of unpaid leave during a single 12 month period) (under the FMLA only, not the CFRA).

D. EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee satisfies the following conditions:

1. Has been employed by the City for at least twelve (12) months; and

2. Has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. (29 CFR § Leaves of Absence
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Updated: March 7, 2012
825.109(d)-29 CFR § 825.111 : Gov. Code § 12945.2(a) & (b); 2 Cal.Code Regs §§ 11087(d)(1) & 11087(e).)

3. For FMLA leave eligibility, the City directly employs at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase "current or preceding calendar year" refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.

E. AMOUNT OF LEAVE
Eligible employees are entitled to a total of twelve (12) workweeks (or 26 weeks to care for a covered servicemember) of leave during any 12-month period. Where 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.

1. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one 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. (2 Cal.Code Regs § 11090(d).)
If leave is requested to care for a child, parent, spouse, domestic partner or the employee him.'herthemselves with a serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions of this policy is required must be complied 1.vith. (29 CFR § 825.205; 2 Cal.Code Regs § 11090(e).)

2. Parents 'spouses or Domestic Partners Both Employed by the City In both married parents of a child, adoptee. or foster child are employed :3AY case in 1.¥hich a husband and •1.1ife or domestic partners are both employed by the City and are entitled to bonding leave, the aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period. (29 CFR § 825.120(a)(3).) Each married parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.

If both parents of a covered servicemember are employed by the City and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the 12-month period. This limitation does not apply to any other type of Leaves of Absence
24-8
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Updated: March 7, 2012
leave under this Policy. (29 CFR § 825.127(f}.) if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding lea•;e).

In any case in which a husband and 'A'ife or domestic partners are both employed by the City and entitled to leave, the aggregate number of work\\leeks of leave to which both may be entitled may be limited to tv.ienty six (26) v.iork'A•eeks during any 12 month period if leave is taken to care for a covered servicemember.

Except as noted above, this limitation does not apply to any other type of leave under this policy.

F. EMPLOYEE BENEFITS WHILE ON LEAVE

1. Group Health Insurance During Unpaid Leave: Leave under this policy is unpaid.

While on unpaid leave, employees will continue to be covered by the City's group health (includes dental & vision) insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). (Gov. Code §§ 12945(a)(2)(A) & 12945.2(s).) b2.Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped.

Employee contribution rates are subject to any changes in rates that occur while employee is on leave.
e3. Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. (29 CFR § 825.213; Gov. Code § 12945.2(f}(1); 2 Cal.Code Regs § 11092(c)(5).)

84. Benefit Plans Not Provided through the City's Group Health Plan During Unpaid Leave Do Not Continue: The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City's benefit plans that are Leaves of Absence
24-9
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Updated: March 7, 2012
not provided through the City's group health plans while the employee is on unpaid leave. (2 Cal. Code Regs § 11092(e).}V\Jhile on leave, employees 'Nill continue to be covered by the City's group health (includes dental & vision) insurance to the same extent that coverage is provided while the employee is on the job. Hov,e•,er, employees 'Nill not continue to be co>Jered under the City's other non health benefit plans.

5. Life Insurance: - When an employee receives any salary payment for work performed (the term "work performed" includes payment entitlement during days off, on compensatory time, sick leave, and vacation leave) during a calendar month, his/hertheir Life Insurance coverage is paid by the City for the duration of that month.

In the event the employee's scheduled return to work day extends beyond the last day of the month in which his/hertheir Uncompensated Leave of Absence begins, helshethey may continue Life Insurance coverage (for the duration of the Uncompensated Leave of Absence) by paying the monthly premiums at his or heftheir own expense. Such=payments must be received by the City's Human Resources Department on or before the first day of each calendar month. If an employee fails to pay Life Insurance premiums by the due date, coverage is temporarily discontinued.

Life Insurance coverage is resumed for the employee on the date of hislhertheir return to work. Example: No. 1; the employee receives salary payment for work performed on July 1st, and then goes on Uncompensated Leave of Absence through July 31st. Life Insurance coverage extends through the entire month of July, and No. 2; the employee receives salary payment for work performed on July 1st, and then goes on Uncompensated Leave of Absence through August 3rd. If the employee did not pay his/hertheir premium on August 1st, his/hertheir Life Insurance is temporarily terminated effective August 1st and is not resumed until August 4th, when he/shethey returns to work.

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/herfamily member which 'Nould entitle the employee to leave, or because of circumstances beyond the employee's control.

G. SUBSTITUTION OF PAID ACCRUED LEAVES
Although family and medical care leave is unpaid, V\lhile on leave under this policy, as set forth herein, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.

Leaves of Absence
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710

2. Updated: March 7, 2012
While an employee is on FMLA/CFRA/PDL, the employee may choose to integrate paid leave with wage replacement benefits. In doing so, the employee may elect to use the minimum amount of paid leave needed to cover the employee's contribution toward group health insurance.

Jo concurrently use paid accrued lea'Jes. 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 Leai.1e concurrently with a non FMbAJCFRA leave which is FMUVCFR'\ qualifying.

1. 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, parent-in-law. spouse, domestic partner,-e-r child. grandparent, grandchild. sibling. or designated person. (Gov. Code § 129045.2(e); Labor Code §§ 233 & 246.5(a)(1 ).)V'Jhere an employee has earned or accrued paid vacation, administrative leave, compensatory time, or family leave, that paid leave may be substituted for all or part of any (otherwise) unpaid lea'Je under this policy.

As for sick lea1Je, an employee is entitled to use sick leave concurrently with leave under this policy if;
a. The leave is for the employee's own serious health condition; or b. The leave is needed to care for a parent, spouse, domestic partner or child with a serious health condition, and would be permitted as sick leave under the City's sick lea-.1e policy.

The City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with Other Leaves.

If an employee takes a leave of absence for any purpose which also qualifies under both the FMLA and CFRA, the City will designate that 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. (Labor Code §4850(e).)
bL The City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave.

Employees must use and exhaust their accrued leaves concurrently with family and medical care FMbAJCFRA leave to the same save extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave with two exceptions:

Leaves of Absence
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H.

Updated: March 7, 2012
a. Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee's salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; (29 CFR § 825.207(d); 2 Cal.Code Regs. § 11092(b )(2) & (3)): and
b. An employee must agree to use accrued sick leave to care for a child, parent, spouse, domestic partner, grandparent. grandchild, sibling or designated person. (Gov. Code § 12945.2(e); 2 Cal.Code Regs § 11092(b).) a. Employees are required to use aoorued oompensatory time earned in lieu of o>.1ertime earned pursuant to the Fair Labor Standards Aot (FLSA); and b. Employees will only be required to use sick leave ooncurrently with FMLA/CFRA lea'.1
e if the leave is for the employee's ovm serious health oondition.

3. The City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Conourrently with Other Lea>.1es.

If an employee takes a leave of absenoe for any reason that is FML/VCFRA qualifying, the City may designate that non FMLNCFRA lea,,e as running ooncurrently with the employee's 12 week FML/\JCFRA leave entitlement. The only exception is for peaoe officers •.vho are on leave pursuant to Labor Code Seotion 4850.

4. The City's and Employee's Rights If an Employee Requests Accrued Leave without Mentioning Either the FMLA or CFRA.

If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. .<.g Cal.Code Regs § 11092(b)(4)(A).) 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 require the employee to exhaust accrued leave as described above. (2 Cal.Code Regs § 11092(b)(4)(A)(1).)the City may inquire further into the reason for the absenoe. If the reason is FML/\JCFRA qualifying, the City may require the employee to exhaust aocrued lea'.ie as described above.

MEDICAL CERTIFICATION/RECERTIFICATION

1. Employees who request leave must provide a medical certification and/or recertification to support the need for the leave ·as described below:
a. 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 Leaves of Absence
24-12
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Updated: March 7, 2012
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. (Gov. Code § 12945.2(j)(2): 2 Cal.

Code Regs § 11087(a)(2): 2 Cal.Code Regs § 11091(b)(2).) 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. (Gov. Code § 12945.2(j)(2): 2 Cal. Code Regs § 11091 (b)(2): 29 CFR § 825.308.) b. Family Member Serious Health Condition: Employees who request leave to care for a child, parent. parent-in-law, domestic partner, spouse, grandparent. grandchild, sibling or designated person 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, parent-in-law, ~spouse, grandparent. grandchild, sibling or designated person, 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. paren-in-law, domestic partner, 8f spouse, grandparent. grandchild, sibling or designated person. 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. (Gov. Code § 12945.2(k)(1 ): 2 Cal.Code Regs § 11087(a){1 ): 2 Cal.Code Regs § 11091 (b)(1 ).) 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. {Gov. Code § 12945.20}(2): 2 Cal.Code Regs § 11091(b)(1); 29 CFR § 825.308.)
c. 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. (29 CFR § 825.310.) The City will verify the certification as permitted by the FMLA regulations. (29 CFR § 825.31 0(e) &{f).)
d. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the City 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 Leaves of Absence
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Updated: March 7, 2012
a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. (29 CFR § 825.309.) The City will verify the certification as permitted by the FMLA and CFRA regulations. (29 CFR § 825.309(d): Gov. Code § 12495.2(j)(2); 2 C.C.R. § 11091(b)(1 ).(2): 2 C.C.R. § 11087(a)(1 ), (2).)
Employees who request leave for their own serious health condition or to care for a child, parent, spouse or domestic partner who has a serious health condition must provide written certif.ication 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 11.iork at all or is unable to perform the essential functions of his or herposition.

Employees who request leave to care for a covered servicemember 1 .-.iho is a child,
spouse, parent, or "nex:t of kin" of the employee must pro1 .1ide written certification from
a health care provider regarding the injured service member's serious in:jury or illness.

The first time an employee requests leave because of a qualifying ex:igency, the City may require the employee to provide a copy of the co1
.1ered military member's acti'.1e
duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the co1
.1ered military member's acti'.1e duty
service. A copy of new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying ex:igency arises out of a different active duty or call to active duty status of the same or a different covered military member.

1. Time to Provide a Medical Certification.

When an employee has provided at least 30 days' notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical 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. {2 Cal.Code Regs § 11091 (b)(3); 29 CFR § 825.305(b).)VVhen an employee's leave is foreseeable and at least thirty (30) days notice has been provided, if a medical certif.ication is requested, the employee must pro1
.1ide it before the leave begins. 'Nhen this is not possible, the employee must provide the requested certif.ication to the City 1 .-.iithin the time
frame requested by the City (which must allm.v at least fifteen (15) calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts.

2. Consequences for Failure to Provide an Adequate or Timely Certification Leaves of Absence
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Updated: March 7, 2012
If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. (2 Cal.Code Regs § 11091 (b)(3); 29 CFR § 825.313(a) & (b).) 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, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification. (2 Cal.Code Regs § 11091 (b)(3): 29 CFR § 825.313(a).)-:-

3. Human Resources Director's Review of the Contents of the Medical Certification for Employee's Own Serious Health Condition
a. 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 Human Resources 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. (29 CFR § 825.305(c).)
b. 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 Human Resources 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 Human Resources Director may not ask for additional information beyond that required on the certification form. (29 CFR § 825.307{a).)
J-:-4. Second and Third Medical Opinions for Employee's Own Serious Health Condition
If the City has 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. (29 CFR § 825.307(b) & (c}; 2 Cal.Code Regs § 11091 (b)(2)(A).) The City must provide the employee Leaves of Absence
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Updated: March 7, 2012
with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee. (29 CFR § 825.307(d): 2 Cal.Code Regs § 11091 (b)(2)(D).)/\n employee may request a copy of the health care provider's opinions when there is a second or third medical opinion sought. 4:-5. 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 for their own serious health condition, or to care for an immediate family member with 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. (2 Cal.Code Regs § 11090(e); 29 CFR § 825.202(b).) The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule. (2 Cal.Code Regs§ 11090(e)(1): 29 CFR § 825.204.)lf an employee requests leave intermittently (a fe•.v days or hours at a time) or on a reduoed leave sohedule to care for an immediate family member with a serious health oondition, the employee must pro1 1ide medioal
oertifioation that suoh leave=is medioally neoessary. "Medically neoessary" means there must be a medical need for the lea1
1e and that the leave can best
be acoomplished through an intermittent or reduoed leave schedule.

I. EMPLOYEE NOTICE OF LEAVE
Although the City recognizes that emergencies arise that may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. (29 CFR § 825.304(a).) If leave is foreseeable, at least thirty (30) days~ notice is required. In addition, if an employee knows that he/shethey 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/hertheir supervisor as soon as possible that such leave will be needed. (29 CFR § 825.302(a): 2 Cal.Code Regs § 11091(a)(2) & (3).) 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. (29 CFR § 825.302(a).)Such notice may be orally given. If the City determines that an employee's notioe is inadequate or the employee kne·N about the requested leave in advance of the request, the City may delay the granting of the lea1
1e until it can, in its disoretion, adequately cover the position with a substitute.
foreseeable.

J. REINSTATEMENT UPON RETURN FROM LEAVE
Leaves of Absence
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Updated: March 7, 2012

1. Reinstatement to Same or Equivalent Positionight to Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits and , pay, and other terms and conditions of employment. Employees Ho111e1,er, employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLNCFRA period. (2 Cal.Code Regs § 11087(f) & (q): 2 Cal.Code Regs § 11089(a): 29 CFR § 825.214-215: 29 CFR § 825.216.)

2. Date of Reinstatement
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 City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/hertheir readiness to return.~ Cal.Code Regs§ 11089(c)(1) & (2).)
2-:- 3. Employee's Obligation to Periodically Report on His/HerTheir 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. (29 CFR § 825.311.)
~ 4. 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 his or hertheir job, the employee must obtain and present a fitness-forduty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. (Gov. Code § 12945.2(k}(4): 29 CFR § 825.312.)

4.- 5. Reinstatement of "Key Employees"
Under the FMLA only, +!he City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid ten (10) percent of all employed by the City within 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. (Gov.

Code § 12945.2(r)(1): 29 CFR §§ 825.217-219.) Under the CFRA, the City may not deny reinstatement to a "key" employee during or upon the expiration of CFRA leave. (Gov. Code § 12945.2.)
Leaves of Absence
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Updated: March 7, 2012
K. REQUIRED FORMS
4-:- Employees must complete the applicable forms to receive family and medical care leave. Employees may obtain copies of these forms in Human Resources and in the employee's respective work division. Copies of these forms are also included at the end of this division section. fill out the f.ollowing applicable f.orms in connection with leave under this policy:
• "Employee Request for Family or Medical Leave Form" (Form 4423-1) prepared by the City to be eligible for leave. NOTE: EMPLOYEES WILL RECEIVE A

CITY RESPONSE TO THEIR REQUEST THAT WILL SET FORTH CERTAIN

CONDITIONS OF THE LEAVE
• Notice of Eligibility and Rights & Responsibilities (FMLA/CFRA) (FORM 24-2}1 6• Designation Notice (FMLA/CFRA/PDL) (FORM 24-3)
• California Family Rights Act (CFRA) Medical Leave Designated Person (FORM 24-4)
~!..Medical Certification either f.or the_ Employee's Serious Health Condition • Medical Certification for Employee's Family Member's Serious Health Condition the serious health condition of a child, parent, spouse or domestic partner; • Certification for Serious Injury or Illness of Covered Servicemember or Veteran for Military Family Leave (FMLA)
• Authorization for Payroll Deductions for Benefit Coverage Continuation During Family Medical Care Leave;
- Fitness for duty to return from leave form
SEC. 1400724003 LEAVE BECAUSE OF PREGNANCY, CHILDBIRTH, OR RELATED

MEDICAL CONDITION OR REPRODUCTIVE LOSSPREGNANCY LEAVE
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). (Gov. Code § 12945(a).) For a full-time employee who works 40 hours per week, "four months" means 693 hours of leave entitlement, based on 40 hours per week times 17 1/3 weeks. (2 Cal.

Code Regs § 11042{a)(1).) An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave. (2 Cal. Code Regs § 11042(a)(2).)pregnancy disability lea·,e f.or up to four (4) months.

A. Notice & Certification Requirements

1. Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. (2 Cal.Code Regs § 11042(c)(1).) All leaves must be confirmed in writing, have an agreed-upon specific date of return. and be submitted to the Human Resources Director. (2 Cal.Code Regs § 11042(a).)
Leaves of Absence
24-18
718
Updated: March 7, 2012

2. Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: the employee is disabled from working by pregnancy1 childbirth or a related medical condition: 2) the date on which the employee became disabled by pregnancy 1 childbirth or a related medical condition: and 3) the estimated duration or end date of the leave. (2 Cal.Code Regs §§ 11050(b)(7); 11050(e).)

1. Except in an emergency, requests for pregnancy disability leave must be submitted in '.\'riting and must be approved by the employee's supervisor or Department Head before the leave begins. The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth or a related medical condition.

The certification must state the expected duration of the disability and the expected date of return to v.iork.

2. All planned leaves must be confirmed in writing and have an agreed upon specif.is date of return, with the written confirmation submitted to the Department Head prior to being taken. Requests for an extension of leave must be submitted in writing to the Department Head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four (4) months.

8. Compensation During Leave
C.

Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any, during an otherwise unpaid portion of her pregnancy disability leave. (2 Cal.Code Regs § 11044(b)(1).) Once sick leave is depleted1 the employee may elect to use vacation leave or any other accrued paid time off during the leave. (2 Cal.Code Regs § 11044(b)(2).)However, the employee may f.irst use accrued sick lem.·e, vacation lea\'e, and then any other accrued paid time off during the leave.

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. (Gov. Code § 12945(a)(2)(A); 2 Cal. Code Regs § 11044(c}.) 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 California Family and Medical Leave Act. (Gov. Code § 12945(a)(2)(A); 2 Cal.Code Regs § 11044(c)(3).) Leaves of Absence
24-19
719
Updated: March 7, 2012

2. Sick and Vacation Leaves: Sick and vacation leaves do not accrue while an employee is on unpaid pregnancy disability leave. ( See 2 Cal. Code Regs § 11044(d)(1 ).)

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. (2 Cal.Code Regs § 11044(e).)

1. An employee on pregnancy disability lea\1e 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; a) the employee is eligible for concurrent family medical lea';e; and b) 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 co\1erage, as provided by the family and medical lea¥e laws, if an employee does not return to work following pregnancy disability leave.

2. An employee on pregnancy disability leave v,ho is not eligible to recei'Je group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA (Consolidated Omnibus Budget Reconciliation Act) guidelines by making monthly premium payments to the City.

3. Siok lea>;e and vacation leave do not accrue 1.vhile an employee is on unpaid pregnancy disability leave.

D. 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 Cal.Code Regs § 11043(c).)

2. If the employee's original position is no longer available, the employee will be assigned to a comparable, fl-Open position.:,_-(2 Cal.Code Regs § 11043(c)(2).) 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 potential reasonable accommodations in accordance with these Policies.,.

Leaves of Absence
24-20
720
E.

Updated: March 7, 2012

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

Leave for Reproductive Loss
The City provides employees who have been employed at least 30 calendar days with Reproductive Loss Leave, in the event of a "Reproductive Loss Event" "Reproductive Loss Event" means the day or, for a multiple-day event, the final day of a Failed Adoption, Failed Surrogacy, Miscarriage, Stillbirth, or an Unsuccessful Assisted Reproduction, as those terms are defined below:
• "Failed Adoption" means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed. • "Failed Surrogacy" means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy. • "Miscarriage" means a miscarriage by a person, by the person's current spouse or domestic partner. or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
• "Stillbirth" means a stillbirth resulting from a person's pregnancy. the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• "Unsuccessful Assisted Reproduction" means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.

This event applies to a person, the person's current spouse or domestic partner. or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event.

Reproductive Loss Leave is not required to be taken consecutively. but such leave must be taken within three (3) months of the Reproductive Loss Event. with the exception that, if an employee is on California Family Rights Act ("CFRA") leave.

Pregnancy Disability Leave ("POL"), or another leave protected by state or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use Reproductive Loss Leave within three (3) months of the end date of the other protected leave.

Leaves of Absence
24-21
721
Updated: March 7, 2012
If an employee experiences more than one Reproductive Loss Event within a 12- month period, the City will provide Reproductive Loss Leave up to a maximum of 20 days within a 12-month period.

Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation in order to provide for their compensation while on Reproductive Loss Leave.

The City will maintain the confidentiality of any employee who requests to use or uses Reproductive Loss Leave, and the City will not disclose such information other than to internal personnel on a need to know basis, or as required by law.

SEC. 1400324004 JURY DUTY AND COURT APPEARANCES
A.

Jury Duty
Regular City employees who are required to serve as members of the County Grand Jury, the Federal or State Grand Jury, or any Federal or State criminal jury or civil jury, shall be entitled to receive full salary and benefits during the time spent in such capacity; provided that such employee conveys to the City's Human Resources Department any jury fees or other compensation paid to him/herthem for participation as a jury member. Exception: Any fees paid to the employee for travel expenses or mileage shall be retained by the employee unless transportation was provided by the City.

1. Overtime-Eligible Employees
All overtime-eligible employees will be paid for actual work hours missed because of time spent in jury service or court. The time spent on jury duty is not work time for purposes of calculating overtime compensation. The City will offset from pay the amount the employee receives from the Court for jury fees.

2. Overtime-Exempt Employees
All FLSA-exempt employees will continue to receive their normal salary while on jury duty or as serving as a witness only for any workweek in which they perform any work duties. The City will offset the amount from pay the employee receives from the Court for jury fees.
4-:-3. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor.

Subpoena Regarding Agency Duties
Leaves of Absence
24-22
722
C.

Updated: March 7, 2012
An employee, including a temporary or part time employee, who is subpoenaed to appear in court in a matter regarding an event or transaction which he or shethey witnessed or investigated in the course of his or hertheir City job duties, must give their supervisor as much advance notice as is possible. The City will determine whether the matter involves an event or transaction in the course of the employee's City job duties. If so, this leave to appear in court will do sobe without loss of compensation, and the . The time spent will be considered work time. The City will offset the amount from pay the employee receives for witness fees.

Exception for Employee-Initiated or Non-City Related Lawsuits An employee subpoenaed to appear in court in a matter unrelated to his or hertheir City job duties or because of civil or administrative proceedings that he or shethey initiated does not receive compensation for time spent related to those proceedings.

An employee may request to receive time off without pay, or may use accrued vacation for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.

SEC. 1400424005 BEREAVEMENT LEAVE
A Amount of Leave
B.

Pursuant to this policy, an employee is entitled to use sick leave not to exoeedup to five (5) days of unpaid bereavement leave following the death of an immediate family member as defined below.per calendar year.

Bereavement leave is unpaid: however, employees are entitled to use accrued paid sick leave, vacation, compensatory time off, or administrative leave for management during bereavement leave.

To be eligible for bereavement leave, an employee must have been employed by the City for at least 30 days before taking the leave. An employee who utilizes bereavement leave shall notify their supervisor or Department Head of the intent to use such leave. Employees may use such leave on a non-consecutive basis.

Bereavement leave must be completed within three months following the death of the family member.

Eligibility for Leave
An employee is eligible to take bereavement leave in the event of the death of a member of his or hertheir immediate family. "Immediate Family" consists of the following: Employee's spouse, domestic partner, child, child of a domestic partner, stepchild, parent, grandparent, grandchild, brother, sister,sibling, Leaves of Absence
24-23
723
Updated: March 7, 2012
mother/fatherparent-in-law, son or daughterchild-in-law, brother or sistersibling-inlaw, legal guardian, or custodial child, or parent or child of a domestic partner.

SEC. 1400524006 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law.

An employee requesting leave for this purpose shall provide the Department Head, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.

SEC. 1400624007 PAID ADMINISTRATIVE LEAVE
A Department Head, subject to concurrence from the Human Resources Director, may place an employee on an administrative leave with full pay for non-disciplinary reasons at any time if the City's best interests warrant the leave, or pending a potential disciplinary action. Administrative leave with pay is authorized: a) when the department head believes that the employee's continued presence at the work site could have detrimental consequences for City operations, orb) pending investigation into charges of misconduct.

If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures. The employee does not have a right to appeal the decision to be placed on administrative leave with pay.

SEC. 1400824008 TIME OFF TO VOTE
If an employee does not have sufficient time outside of working hours to vote at a Statewide election, the employee may take up to two ~ hours off without loss of pay at the beginning or end of the day. Prior approval for this time off by the employee's supervisor is required at least two (2) days prior to Election Day.

SEC. 1400924009 PERSONAL UNCOMPENSATED LEAVE OF ABSENCE'NITHOUT PA¥
Unless authorized by law or a City policy, an employee is not entitled to a leave of absence without pay. Employees may be permitted to be off work on uncompensated leave of absence under this policy, for the purpose of attending to personal business, for up to a maximum continuous period of sixty (60) calendar days, provided: a) the employee has first exhausted his/hertheir accrued vacation leave and compensatory time off, b) the employee has submitted a written request (on the prescribed form - included in this division) for approval of the Uncompensated Leave of Absence, and c) the employee's Department Head, or if the employee is a Department Head the City Manager, or if the employee is the City Manager the City Council, determines that the time off requested can be granted without creation of an unnecessary burden to the operation of the employee's Department or the City.

Leaves of Absence
24-24
724
Updated: March 7, 2012
The City Manager may, at the request of the employee, extend personal leave without pay for up to a maximum period of ninety (90) calendar days beyond the allowable time frame.

In arriving at his/hertheir determination to approve or deny an extension of an Uncompensated Leave of Absence, the City Manager shall give priority consideration to the needs of the City over the needs and desires of the employee.

Request for leave of absence without pay shall state specifically the reason for the request, the date when the employee desires to begin the leave, and the date of return.

Failure of the employee to return to his or hertheir employment upon the termination of any authorized leave of absence will, except under extraordinary circumstances, constitute the employee's separation from City service.

Vacation credits, sick leave credits, increases in salary, and other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person granted such leave during the period of absence, or any unpaid leave unless required by law.

Furthermore, tThe City will maintain contributions to group health insurance for up to one hundred fifty (150) calendar days during an uncompensated period of absence, inclusive of unpaid absences that occur during legally protected leaves (FMLA, CFRA, PDL Military Leave etc.), or longer if required by law for a protected leave. The City is not required to maintain contributions toward group insuranee or retirement coverage, for any unpaid leave. During the period of such leaves, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.

During an approved uncompensated leave of absence, an employee will not be eligible to receive any type of special pay, except as required by law. Special pay includes, but is not limited to, Education Incentive Pay, Bilingual Incentive Pay, Investigator Pay, Officer in Charge Pay, Field Training Pay or other types of special pay provided in Division 4 of these Rules, other City policy or in any Memorandum of Understanding between the City and a recognized employee organization.

Failure of the employee to return to work, on or before the date following the specified ending date of the approved Uncompensated Leave of Absence shall constitute grounds for immediate termination of the employee's employment with the City of Los Banos.

Note: The decision to approve or deny a request for an Uncompensated Personal Leave of Absence shall be considered solely a discretionary right of the employee's Department Head, or if the employee is a Department Head, the City Manager, or if the employee is the City Manager, the City Council.

SEC. 1401024010 SCHOOL RELATED LEAVE
Any City employee who is a parent, guardian, stepparent. foster parent,-ef grandparent, or person who stands in loco parentis to having eustody of one or more children in kindergarten or grades 1 through 12J. or attending a licensed eay--child care facility shall be allowed up to forty (40) hours each school year, not to exceed eight (8) hours in any Leaves of Absence
24-25
725
Updated: March 7, 2012
calendar month of the school year, not to exceed eight hours in any calendar month of the school year, without pay, to participate in activities of the school of their child or licensed child care facility; find, enroll. or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency.

Such employee must provide reasonable advance notice to their supervisor of the planned absence. The leave is unpaid unless employee may be required to use§. vacation and/or compensatQIYiAg time off to cover the absence. The City may require the employee mustto provide documentation from the school or licensed child care facility as verification that the employee participated in school or licensed child care facility activities on a specific date and at a particular time. If both parents, guardians or grandparents having custody work for the City at the same work site, only the first parent requesting shall be entitled to leave under this provision.

SEC. 14011 24011 CHILD SUSPENSION LEAVE
Any employee who is the parent or guardian of a child in kindergarten through grade 12 may take time off to go to the child's school in response to a request from the child's school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child's school if the child has: committed any obscene act: habitually used profanity or vulgarity: disrupted school activities; or otherwise willfully defied the valid authority of school personnel.

SEC. 24012 LEAVE RIGHTS AND ACCOMMODATIONS FOR VICTIMS OF

QUALIFYING ACTS OF VIOLENCE AND OTHER VICTIMS OF CRIME
A. Definitions Applicable to this Policy
The below definitions apply to this policy (other than Section F of this policy pertaining to Additional Leave Rights to Attend Judicial Proceedings for Victims of Enumerated Crimes):

1. "Relief' means a temporary restraining order. restraining order, or other iniunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

2. "Qualifying Act of Violence" means the following:
• Domestic violence.
• Sexual assault.
• Stalking.
• An act, conduct, or pattern of conduct that includes any of the following:
(i) In which an individual causes bodily iniurv or death to another individual;
(ii) In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual: or
Leaves of Absence
24-26
726
Updated: March 7, 2012
(iii) In which an individual uses, or makes a reasonably perceived or actual threat to use force against another individual to cause physical injury or death.

This definition applies regardless of whether an individual is arrested for, prosecuted for, or convicted of committing one of the acts described above.

3. "Family Member" means a child. parent. grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Government Code Section 12945.2. or Designated Person.

4. "Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship.

B. Reasons for Leave
The City will provide unpaid leave, to employees for the following reasons:
• To appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding, including for an employee who is a victim of a Qualifying Act of Violence.
• For an employee who is a victim of a Qualifying Act of Violence for taking time off from work to obtain or attempt to obtain Relief, as defined by this policy. • For an employee who is a victim of a Qualifying Act of Violence or has a Family Member who is a victim of a Qualifying Act of Violence will also be provided with leave for any of the following purposes:
(1) To obtain or attempt to obtain any Relief for the Family Member. (2) To seek. obtain, or assist a Family Member to seek or obtain , medical attention for or to recover from injuries caused by a Qualifying Act of Violence.
(3) To seek. obtain. or assist a Family Member to seek or obtain services from a domestic violence shelter, program . rape crisis center. or victim services organization or agency as a result of a Qualifying Act of Violence.
(4) To seek. obtain. or assist a Family Member to seek or obtain psychological counseling or mental health services related to an experience of a Qualifying Act of Violence.
(5) To participate in safety planning or take other actions to increase safety from future Qualifying Acts of Violence.
(6) To relocate or engage in the process of securing a new residence due to the Qualifying Act of Violence, including. but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7) To provide care to a Family Member who is recovering from injuries caused by a Qualifying Act of Violence.
(8) To seek. obtain. or assist a Family Member to seek or obtain civil or criminal legal services in relation to the Qualifying Act of Violence. (9) To prepare for, participate in. or attend any civil. administrative. or criminal legal proceeding related to the Qualifying Act of Violence.

Leaves of Absence
24-27
727
Updated: March 7, 2012
(10) To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the Qualifying Act of Violence.

C. Duration of Leave
If an employee's Family Member is a victim of a Qualifying Act of Violence who is not deceased as a result of a Crime, and the employee is not a victim of a Qualifying Act of Violence, the employee is limited to up to ten (10) days of time off, and no more than five (5) days off for relocation purposes, as set forth in reason number (6) above.

If the employee is a victim of a Qualifying Act of Violence, or the employee's Family Member is deceased as a result of the Crime, the City may limit total leave time for reasons 1 through 10, above under subsection "B", to up to 12 weeks.

The City may limit an employee to leave for one Designated Person per 12- month period for leave pursuant to this policy.

Leave under this policy may be concurrently designated as FMLA/CFRA leave when applicable and employees do not have a right to leave under this Policy that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by. the 12 weeks provided under the FMLA/CFRA.

D. Use of Accrued Paid Leaves
E.

Leave provided under this policy is unpaid unless the employee elects to use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available to the employee.

Notice and Certification Requirements
An employee who uses leave in order to appear in court to comply with a subpoena or other court order as a witness in any judicial . proceeding must provide notice and certification consistent with the City's policy on witness leave.

As a condition of using leave for the other reasons set forth above, the employee must provide the City with reasonable advance notice of the employee's intention to use such leave, unless the advance notice is not feasible.

When an unscheduled absence occurs, the employee must, within a reasonable time after the absence, provide certification to the City of the need for leave.

Certification is sufficient in the form of any of the following:
• A police report indicating that the employee or a Family Member of the employee was a victim of a Qualifying Act of Violence.

Leaves of Absence
24-28
728
•
•
•
Updated: March 7, 2012
A court order protecting or separating the employee or a Family Member of the employee from the perpetrator of the Qualifying Act of Violence, or other evidence from a court or prosecuting attorney that the employee or a Family Member of the employee has appeared in court.

Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a Family Member of the employee was undergoing treatment or seeking or receiving services directly related to the Qualifying Act of Violence.

Any other form of documentation that reasonably verifies that the Qualifying Act of Violence occurred. including, but not limited to, a written statement signed by the employee, or an individual acting on the employee's behalf, certifying that the absence is for a purpose authorized under this section.

To the extent permitted by law, the City will maintain the confidentiality of any employee requesting leave under this policy.

F. Accommodations
The City will provide a reasonable accommodation for an employee who is a victim or whose Family Member is a victim of a Qualifying Act of Violence and who requests an accommodation for their safety while at work.

The City is not required to provide a reasonable accommodation to an employee who has not disclosed the employee's status, or the employee's Family Member's status, as a victim of a Qualifying Act of Violence.

The following process will be used by the City to provide accommodations:

1. Request for Accommodation
An employee requesting a reasonable accommodation under this policy should direct this request to the Director of Human Resources.

2. Certification
An employee requesting a reasonable accommodation under this policy may be required to provide the City with a written statement signed by the employee or an individual acting on the employee's behalf, certifying that the accommodation is for a purpose authorized by this policy.

The City may also request certification demonstrating the employee's status, or the employee's Family Member's status, as a victim. Certification shall be sufficient in the form of any of the categories described in section D of this policy, above.

Leaves of Absence
24-29
729
Updated: March 7, 2012
The City may request recertification of an employee's status, or an employee's Family Member's status, as a victim of a Qualifying Act of Violence, or ongoing circumstances related to the Qualifying Act of Violence, every six months after the date of the previous certification.

Any verbal or written statement, police or court record, or other documentation provided to the City identifying an employee or the employee's Family Member as a victim of a Qualifying Act of Violence will be maintained as confidential by the City and will not be disclosed by the City except as required by federal or state law or as necessary to protect the employee's safety in the workplace. The employee will be given notice before any authorized disclosure.

3. Interactive Process
After an employee requests an accommodation, the City will engage in a timely, good faith, and interactive process with the employee to determine whether it can accommodate the employee. In determining whether an accommodation is reasonable, the City will consider, among other factors, whether an exigent circumstance exists or if the employee or their Family Member is facing danger.

For purposes of this policy, a reasonable accommodation may include the implementation of safety measures, including, but not limited to, the following: (1) a transfer: (2) reassignment (3) modified schedule: (4) changed work telephone: (5) permission to carry telephone at work: (6) changed work station: (7) installation of locks and other security measures; (8), assistance in documenting domestic violence, sexual assault, stalking, or another Qualifying Act of Violence that occurs in the workplace: (9) implementation of safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other Qualifying Act of Violence: or (10) referral to a victim assistance organization.

The City is not required to implement a workplace accommodation that would pose an undue hardship on the City's business operations. An undue hardship includes, but is not limited to, an action that would violate the City's duty to furnish and maintain a place of employment that is safe and healthful for all employees.

If circumstances change and an employee needs a new accommodation, the employee must request a new accommodation from the City. Upon receiving the request, the City shall engage in a timely, good faith interactive process with the employee to determine whether it can accommodate the employee.

If an employee no longer needs an accommodation. the employee must notify the City that the accommodation is no longer needed.

Leaves of Absence
24-30
730
G.

Updated: March 7, 2012
Additional Leave Rights to Attend Judicial Proceedings for Victims of Enumerated Crimes
In addition to the rights set forth in this policy, above, employees have leave rights to attend judicial proceedings related to enumerated crimes as follows:

1. Victims of a Violent Crime or Serious Felony
An employee who is a victim. or an immediate family member who is a victim, of a crime that is a serious or violent felony, or a felony involving theft or embezzlement as listed in Labor Code Section 230.2, is entitled to leave from work to attend judicial proceedings relating to that crime.

Before an employee may be absent from work to attend judicial proceedings, a copy of the notice of each scheduled proceeding must be provided to the City. unless advance notice is not feasible.

When advance notice is not feasible or an unscheduled absence occurs. the documentation evidencing the judicial proceeding must be provided to the City within a reasonable time after the absence. Documentation evidencing the judicial proceeding may be provided from any of the following entities: (1) The court or government agency setting the hearing: (2) The district attorney or prosecuting attorney's office: or (3) The victim/witness office that is advocating on behalf of the victim.

An immediate family member means the spouse, domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather of the crime victim.

Leave for this purpose is unpaid unless the employee elects to use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available to the employee.

2. Victims of Vehicular Manslaughter While Intoxicated, Child and Elder Abuse, Sexual Abuse, and Other Serious Crimes
Any employee who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue. if the employee provides the employer reasonable advance notice.

If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate. that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A).

Leaves of Absence
24-31
731
Updated: March 7,~
For purposes of this section of the policy "victim" means any person who suffers direct or threatened physicaL psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act.

An employee who is the spouse, parent, child, sibling, or guardian of such a crime victim is also entitled to this leave, if the above notice or certification requirements are met.

The leave is unpaid unless the employee elects to use accrued vacation personal leave, or compensatory time off (not including sick leave) that is otherwise available to the employee.

A. An employee who has been a victim of a violent crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults.

B. An affected employee must gi•.1e the City reasonable notice that he or she is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, 1 •
1 ,ithin
a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses accrued time off.

SEC. 1401224013 INDUSTRIAL INJURY LEAVE
A. Employees Not Covered by Labor Code Section 4850
Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers' Compensation, shall continue in pay status under the following provisions.

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

2. Accrual of Sick and Vacation Leave Continues While on Paid Leave During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers' Compensation. they shall Leaves of Absence
24-32
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B.

Updated: March 7, 2012
continue to accrue sick leave and vacation benefits as though they were not on leave of absence.

3. Unpaid Leave and Continuation of Health Care Benefits Any employee subject to this policy who depletes their accumulated sick leave. compensatory time. holiday time and vacation days while absent from work by reason of an injury or illness covered by Workers' Compensation may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

Employees Covered by Labor Code Section 4850
Sworn police and fire employees covered by Labor Code Section 4850. et seq. will be allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments. consistent with state law ("4850 Leave").

The employee will continue to accrue sick leave and vacation benefits while in paid status.

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

UNCOMPENSATED LEAVE OF ABSENCE

TERMINATION OF EMPLOYMENT FOR FAILURE TO RETURN TO DUTY AS

SCHEDULED
Leaves of Absence
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733
Employee Name
Department
Hire Date
EMPLOYEE REQUEST for

FAMILY OR MEDICAL LEAVE
(FORM 24-1)
Date of Request
Position Title
Updated: March 7, 2012
Request and Reason for Leave:

I request a Family/Medical Leave for the following reason (check one):

Check one:

The birth of a child and/or in order to care for such child.

The placement of a child for adoption or foster care.

In order to care for an immediate family member because such family member has a serious health condition.

CHILD SPOUSE PARENT DOMESTIC PARTNER

GRANDPARENT GRANDCHILD PARENT IN LAW

SIBLING DESIGNATED PERSON
(Must submit "Medical Certification" within 15 days.)
Care for an adult child who is incapable of self care. (A child is "incapable of self care" if they require active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living. such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping. taking public transportation, paying bills. maintaining a residence, using telephones and directories. etc.) Employee's own serious health condition that makes the employee unable to perform the functions of their position. (Must submit "Physician Certification" within 15 days.)
To assist a son. daughter. spouse. or parent who is a member of the Armed Leaves of Absence
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Updated: March 7, 2012
Forces, including the National Guard or Reserves with a "qualifying exigency" related to covered active duty or a call to active duty status.

Check one: SON DAUGHTER SPOUSE PARENT
(Must submit "Certification" of Qualifying Exigency)
G. To care for a son or daughter, spouse, parent or "next of kin" covered servicemember or veteran with a serious injury or illness Check one: SON DAUGHTER SPOUSE

PARENT NEXT OF KIN
(Must submit "Certification" from Department of Defense or Department of Veteran Affairs within 15 days.)
Method of Leave Requested:

A. Consecutive Leave
B. Intermittent or Reduced Leave Schedule (Specify schedule below) Date leave is to begin: Expected duration of leave:

If the duration of my family/medical leave (total of paid and unpaid time} does not exceed 12 weeks (or 26 weeks to care for an injured servicemember), I will be returned to my same or equivalent position.

I understand that if my family/medical leave should exceed 12 weeks (or 26 weeks to care for an injured servicemember), I will be returned to my same or equivalent position, only if available.

If my same or equivalent position is not available, I understand that I may be terminated.

Date
Employee's Signature
Employee Name: __________ Title:

Lea1
1e Period Being Requested: Starting Date: _ __ Ending Date:

Leaves of Absence
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Department:

Return Date:
735
Updated: March 7, 2012
Section A Employee Request
Type of Leave of Absence Being Requested ( ) Initial Request ( ) Extension of:
( ) Family Leave ( ) Medical Leave
Enter a brief statement of reason the Leave of Absence is required:

Employee SigfAnaatH:JufRre~:----======================================-t:;D1-c:awte~:----=============== Section B Management Reviev.•
( ) Your request for Lea•.ie of Absence is denied.
( ) Your request for Leave of Absence is appro•,ed for the period of: Beginning Date:

Ending Date: . You are scheduled to return to •.vork at on Signature of Appro•.iing Authority: Title: Date:

Section C Employee Acknowledgement
( ) I hereby acknowledge that my request for Leave of Absence was denied. ( ) I hereby acknowledge that my request for Leave of Absence was approved for the period of:

Beginning Date: ____ to Ending Date: , and I understand that I am scheduled to return to work at ____ on _____ . I further understand that during this time I am off work on Leave of Absence, my employee rights and benefits are affected in accordance •.vith the guidelines set forth in Division 14 of the City of Los Banos Policy & Procedures Manual, and I am specifically a•Nare that should I fail to return to work on the dates scheduled, my employment 'Nith the City of Los Banos will be terminated.

Signature of Employee: Date:

Original - Employee Personnel File, Copy - Employee
Leaves of Absence
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Updated: March 7, 2012
NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES (FMLA/CFRAl (FORM 24:1}

PART A - NOTICE OF ELIGIBILITY
TO:

FROM:

DATE:

On
(Employee's name)
(Name of employer representative)
(date)
, you informed us that you needed leave beginning on for:
(date)
The birth of a child, or the placement of a child with you for adoption or foster care:

Your own serious health condition
Because you are needed to care for your D spouse, □ child, □ parent. D domestic partner D grandparent D grandchild D parent-in-law □ sibling D designated person due to their serious health condition
Because of a "qualifying exigency" arising out of the fact that your spouse, son or daughter, or parent is on covered active duty or call to active duty status as a member of the Armed Forces
Because you are the spouse, son or daughter, parent. next of kin of a covered servicemember with a serious injury or illness This Notice is to inform you that you:

Are eligible for FMLA and/or CFRA leave (See Part B below for Rights and Responsibilities)
Are not eligible for FMLA or CFRA leave. because (only one reason need be checked, although you may not be eligible for other reasons):

You have not met the FMLA/CFRA's 12-month length of service requirement. As of the first date of requested leave, you will have worked approximately months towards this requirement.

You have not met the FMLA/CFRA's 1,250 hours of service requirement.

You do not work and/or report to a site with 50 or more employees within 75- If you have any questions, contact
the FMLA poster located in
Leaves of Absence
24-37
or view
737
Updated: March 7, 2012

PART B - RIGHTS AND RESPONSIBILITIES FOR TAKING FMLA/CFRA LEAVE As explained in Part A. you meet the eligibility requirements for taking FMLA/CFRA leave and still have FMLA/CFRA leave available in the applicable 12-month period. However, in order for us to determine whether your absence qualifies as FMLA/CFRA leave, you must return the following information to us by . (If a certification is requested, employers must allow at least 15 calendar days from receipt of this notice: additional time may be required in some circumstances.) If sufficient information is not provided in a timely manner, your leave may be denied.

Sufficient certification to support your request FMLA/CFRA leave. A certification form that sets forth the information necessary to support your request is/ is not enclosed.

Sufficient documentation to establish the required relationship between you and your family member.

Other information needed (such as documentation for military family leave):

No additional information requested.

If your leave does qualify as FMLA/CFRA leave, you will have the following responsibilities while on FMLA/CFRA leave (only checked blanks apply):

Contact at to
make arrangements to continue to make your share of the premium payments on your health insurance to maintain health benefits while you are on leave. You have a minimum 30-day (or, indicate longer period, if applicable) grace period in which to make premium payments. If payment is not made timely, your group health insurance may be cancelled, provided we notify you in writing at least 15 days before the date that your health coverage will lapse, or, at our option, we may pay your share of the premiums during FMLA/CFRA leave, and recover these payments from you upon your return to work.

You will be required to use your available paid sick, vacation, and/or other leave, specifically during your FMLA/CFRA absence. This means that you will receive your paid leave and the leave will also be considered protected FMLA leave and counted against your FMLA leave entitlement.

Due to your status within the agency, you are considered a "key employee" as defined in the FMLAIGF-RA. As a "key employee," restoration to employment may be denied following FMLAIGl=RA leave on the grounds that such restoration will cause substantial and grievous economic injury to us.

We D have/ □ have not determined that restoring you to employment at the conclusion of FMLA/CFR.A. leave will cause substantial and grievous economic harm to us.

Leaves of Absence
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Updated: March 7,~
While on leave you will be required to furnish us with periodic reports of your status and intent to return to work every . (Indicate inteNal of periodic reports. as appropriate for the particular leave situation.)
If the circumstances of your leave change, and you are able to return to work earlier than the date indicated on this form, you will be required to notify us at least two workdays prior to the date you intend to report for work.

If your leave does qualify as FMLA and/or CFRA leave you will have the following rights while on FMLA/CFRA leave:
• You have a right under the FMLA and/or CFRA for up to 12 weeks of unpaid leave in a 12- month period calculated as:
the calendar year (January - December).
a fixed leave year based on
the 12-month period measured forward from the date of your first FMLA/CFRA leave usage.
a "rolling" 12-month period measured backward from the date of any FMLA/CFRA leave usage.
• You have a right under the FMLA for up to 26 weeks of unpaid leave in a single 12-month period to care for a covered servicemember with a serious injury or illness. This single 12-month period commenced on
• Your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work.
• You must be reinstated to the same or an equivalent job with the same pay. benefits. and terms and conditions of employment on your return from FMLA/CFRA-protected leave. (If your leave extends beyond the end of your FMLA/CFRA entitlement, you do not have return rights under FMLA/CFRA.)
• If you do not return to work following FMLA/CFRA leave for a reason other than: 1) the continuation . recurrence. or onset of a serious health condition which would entitle you to FMLA/CFRA leave: 2) the continuation. recurrence. or onset of a covered servicemember's serious injury or illness which would entitle you to FMLA leave: or 3)other circumstances beyond your control. you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your FMLA/CFRA leave. • If we have not informed you above that you must use accrued paid leave while taking your unpaid FMLA/CFRA leave entitlement. you have the right to have sick, vacation. and/or other leave, specifically run concurrently
with your unpaid leave entitlement, provided you meet any applicable requirements of the leave policy. Applicable conditions related to the substitution of paid leave are referenced or set forth Leaves of Absence
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Updated: March 7, 2012
below. If you do not meet the requirements for taking paid leave. you remain entitled to take unpaid FMLA/CFRA leave.
• For a copy of conditions applicable to sick/vacation/other leave usage please refer to available at:

Applicable conditions for use of paid leave:
• Employees who misuse or abuse FMLA leave may be disciplined up to and including termination.

Once we obtain the information from you as specified above, we will inform you, within five (5) business days, whether your leave will be designated as FMLA and/or CFRA leave and count towards your FMLA and/or CFRA leave entitlement. If you have any questions, please do not hesitate to contact:
at
Original - Employee Personnel File, Copy - Employee
Leaves of Absence
24-40
740
TO:

FROM:

DATE:
(Employee's name)

DESIGNATION NOTICE (FMLA/CFRA/PDL)
(FORM 24~
(Name of employer representative)
Updated: March 7, 2012
We have reviewed your request for leave under the Family and Medical Leave Act (FMLA). California Family Rights Act {CFRA), and/or Pregnancy Disability Leave (POL) under the California Fair Employment and Housing Act and any supporting documentation that you have provided . We received your most recent information on and decided:
(Or. if the employee did not specifically request FMLA. CFRA. or POL leave, state: "We have decided to designate your leave as protected leave under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and/or Pregnancy Disability Leave {POL) under the California Fair Employment and Housing Act.")
Your FMLA/CFRA leave request is approved. [Or, if employee did not specifically request FMLA/CFRA leave. state "Your leave request is approved."] All leave taken for this reason will be designated as:

FMLA leave only
CFRA leave only
FMLA and CFRA leave
FMLA leave and PDL
The FMLA/CFRA require that you notify us as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown. Based on the information you have provided to date, we are providing the following information about the amount of time that will be counted against your leave entitlement:

Provided there is no deviation from your anticipated leave schedule, the following number of hours. days, or weeks will be counted against your leave entitlement:

Because the leave you will need will be unscheduled. it is not possible to provide the hours. days. or weeks that will be counted against your FMLA/CFRA/PDL entitlement at this time. You have the right to request this information once in a 30-day period {if leave was taken in the 30- day period).

Please be advised {check if applicable):

You have requested to use paid leave during your FMLA/CFRA/PDL leave. Any paid leave taken for this reason will count against your FMLA/CFRA leave entitlement.

Leaves of Absence
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Updated: March 7, 2012
We are requiring you to substitute or use paid leave during your FMLA/CFRA/PDL leave.

You will be required to present a fitness-for-duty certificate to be restored to employment. If such certification is not timely received , your return to work may be delayed until certification is provided. A list of the essential functions of your position is is not attached. If attached, the fitness-for-duty certification must address your ability to perform these functions.

Additional information is needed to determine if your FMLA/CFRA/PDL leave request can be approved:

The certification you have provided is not complete and sufficient to determine whether the FMLA/CFRA/PDL applies to your leave request. You must provide the following information no later than (at least seven calendar days). unless it is not practicable under the particular circumstances despite your diligent good faith efforts, or your leave may be denied.
(Specify information needed to make the certification complete and sufficient) We are exercising our right to have you obtain a second or third opinion medical certification at our expense. and we will provide further details at a later time.

Your FMLA/CFRA/PDL Leave request is Not Approved.

Neither the FMLA nor the CFRA apply to your leave request.

You have exhausted your FMLA/CFRA leave entitlement in the applicable 12-month period.

Original - Employee Personnel File. Copy - Employee
Leaves of Absence
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742
Updated: March 7, 2012
California Family Rights Act ("CFRA") Medical Leave Designated Person Per City Policy, Division 24, and the CFRA, City employees are entitled to up to 12 weeks of unpaid leave in order to care for themselves or their family members in the event of a serious health or medical condition.

Effective January 1, 2023, employees may use leave under the CFRA to provide care to a "designated person" with a serious health or medical condition. The CFRA defines a "designated person" to mean "any individual related by blood or whose association with the employee is the equivalent of a family relationship."
As such, an employee may designate a "designated person" who either: (1) is related to the employee by blood, such as an aunt, uncle, or cousin who does not otherwise qualify as a "family member" under the CFRA1: or (2) is like family to the employee, such as the employee's unmarried partner or best friend.

Using the space below, please identify the individual who you will designate as your "designated person" for CFRA purposes.

Note:

The City limits employees to using CFRA leave to care for one designated person per 12- month period.

Employee Name Date
Name of "Designated Person" Dates of Leave
Relation between Employee and Designated Person
Employee Signature
1 Under the CFRA (Government Code § 12945.2), a familv member is defined as a child, domestic partner. grandchild. grandparent. parent. parent in law, and sibling.

Leaves of Absence
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Updated: March 7, 2012
EMPLOYEE REQUEST for
_• _ UNCOMPENSATED LEAVE OF ABSENCE
• This Form Should Only Be Used When All Accrued and Available Paid Leave, and All Available and Applicable FMLA/CFRA, Pregnancy Disability Leave, and Worker's Compensation Leave Has Been Used.
(FORM 24-4)
Employee Name: __________ Title: _______ Department: _____ _ Leave Period Being Requested: Starting Date: ___ Ending Date: ___ Return Date: ___ _ Section A-Employee Request
Type of Uncompensated Leave of Absence Being Requested ( ) Initial Request ( ) Extension of:

Q_f---+Uncompensated Maternity Leave (after all paid leaves and all FMLA/CFRA and POL has been used)
Q__-- -----t---+-Uncompensated Job Injury Leave (after all paid leaves and all FMLA/CFRA and Worker's Compensation leave has been used)
Q__f---+Uncompensated Medical Leave (after all paid leaves and all FMLA/CFRA and applicable POL and Worker's Compensation leave has been used)
□ Uncompensated Family Leave (after all paid leaves and all FMLA/CFRA and applicable PDL has been used)
Q__------+----+-Uncompensated Personal Leave (after all paid leaves and all applicable FMLA/CFRA. POL, and Worker's Compensation leave have been used) ( ) Uncompensated Family Leave

1. If you are asking for an Uncompensated Job Injury Leave, are you requesting that the City continue to provide you with Health, Life, Dental, & Vision Insurance? Mark One: ( )Yes ( )No ~ If you are asking for an Uncompensated Leave of Absence that requires a medical certificate, please attach.
&.

Enter a brief statement of reason the Uncompensated Leave of Absence is required:

Employee Signature: ___________________ Date: ______ _
Section B - Management Review
( ) Your request for Uncompensated Leave of Absence is denied. ( ) Your request for Uncompensated Leave of Absence is approved for the period of: Beginning Date:
____ Ending Date: ____ . You are scheduled to return to work at ____ on ___ _ ( ) Your request for continued City payment of Health, Life, and City Dental and Vision Insurance has been approved for Uncompensated Job Injury Leave only.

Comments:. _______________________________ _
Leaves of Absence
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Updated: March 7, 2012
Signature of Approving Authority: ______ ___ _ Title: _______ Date: _ _ _ Section C- Employee Acknowledgement
( ) I hereby acknowledge that my request for Uncompensated Leave of Absence was denied. ( ) I hereby acknowledge that my request for Uncompensated Leave of Absence was approved for the period of: Start ______ to End _______ , and I understand that I am scheduled to return to work at ______ on _____ . I further understand that during this time I am off work on Uncompensated Leave of Absence, my employee rights and benefits are affected in accordance with the guidelines set forth in Division 2444 of the City of Los Banos Policy & Procedures Manual, and I am specifically aware that should I fail to return to work on the dates scheduled, my employment with the City of Los Banos will be terminated.

Signature of Employee: _ ______________ Date: _______ _ Original - Employee Personnel File, Copy - Employee
Leaves of Absence
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SEC. 1500125001 PURPOSE
DIVISION 25

MILITARY SERVICE
Updated: March 7, 2012
The purpose of this Division is to identify employer and employee rights and responsibilities with regards to an employee's voluntary or involuntary participation in one of the following branches of Federal or State Military Service; a) United States Army, Navy, Air Force, Marines, or Coast Guard, b) United States Army Reserve, Navy Reserve, Air Force Reserve, Marine Reserve, or Coast Guard Reserve, or c) California National Guard, State Military Reserve, California Cadet Corps, or Naval Militia.

Military leave shall be granted, in accordance with Section 395 of the California Military and Veterans Code and the Uniformed Services Reemployment Rights Act, 38 U.S.C. section 4301 et seq.

SEC. 1500225002 MILITARY LEAVE DEFINED
Military leave is leave for service in the uniformed services. as defined by federal and California state law (see 38 U.S.C. §§ 4301 et seq.; 20 CFR §1002.5(0); California Military and Veterans Code §§ 389 et seq.). shall be defined as the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, aetive duty for training, initial active duty for training, inaetive duty for training, full time National Guard duty, and a period for which the person is absent from a position of employment for the purpose of an examination to determine the fitness of a person to perform any such duty.

SEC. 1500325003 TEMPORARY MILITARY LEAVE DEFINED
Temporary military leave is as defined under federal and California state law (see 38 U.S.C. §§ 4301 et seq.; California Military and Veterans Code §§ 389 et seq.). shall be defined as leave of absenoe from public employment to engage in ordered military duty for a period \Vhich by the order is not to exoeed 180 calendar days, including travel time, for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Na•.ial Militia.

An employee may be eligible for paid military leave not to exceed thirty (30) days in any one fiscal year in accordance with California Military and Veterans Code §§ 395.01 and 395.02.

SEC. 1500425004 EMPLOYEE RIGHT TO PARTICIPATE IN MILITARY SERVICE Every employee of the City has the right to participate as a member of a branch of Federal or State Military Service identified in Section 1500125001 .

Military Service
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746
Updated: March 7, 2012
Military leave shall be granted in accordance with the provisions of State and Federal law.

An employee requesting leave for this purpose shall provide the Department Head, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.

Military Service
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747
Updated: March 7, 2012
DIVISION -1-6i6

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)
(CALIFORNIA LABOR CODE SECTION 6401. 7)
SEC. 160012_6001 PURPOSE
The purpose of this Division is to provide a safe working environment for all employees including volunteers as well as full-time paid personnel.

SEC. 160022_6002 RESPONSIBLE FOR IMPLEMENTATION
The City ManagerFire Chief has the authority and will be responsible for overseeing the Injury and Illness Prevention Program {IIPP). The chairperson of the City's Safety Committee is responsible for implementing this plan. The City safety committee shall be composed of a middle management representative from each department, and the Chairperson shall be the representative from the Fire Department.

SEC. 160032_6003 COMPLIANCE
All employees. including managers and supervisors, are responsible for complying with safe and healthful work practices. The City's system of ensuring that all employees comply with these practices include:
• Informing workers of the provisions of the City's IIPP. • Evaluating the performance of all workers.
• Recognizing employees who perform safe and healthful work practices. • Providing training to workers whose safety performance is deficient. • Disciplining workers for failure to comply with safe and healthful work practices.

SEC. 26004 COMMUNICATION
All managers and supervisors are responsible for communicating with all employees about occupational safety and health in a form readily understandable by all employees. The City's communication system encourages all employees to inform their managers and supervisors about workplace hazards without fear of reprisal.

The City's communication system includes one or more of the following checked items:
• New employee orientation including a discussion of safety and health policies and p raced u res.
• Review of our IIP Program.
• Workplace safety and health training programs.
• Regularly scheduled safety meetings.
• Posted or distributed safety information.

Injury and Illness Prevention Program
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Updated: March 7, 2012
• A system for workers to anonymously inform management about workplace hazards. (See Employee Hotline Policy)
SEC. 26005 METHODS OF IDENTIFYING AND EVALUATING WORK PLACE

HAZARDS
Each Department or Division Head will be responsible for maintaining their work sites in a safe condition. In addition.I. an annual inspection of City owned facilities will be conducted by an Inspection Team. The Inspection Team will consist of at least two (2) City employees selected by the Safety Committee. In addition, periodic inspections are performed according to the following schedule:
• When new substances. processes, procedures. or equipment that present potential new hazards are introduced into our workplace.
• When new, previously unidentified hazards are recognized. • When occupational injuries and illnesses occur.
• Whenever workplace conditions warrant an inspection.

SEC. 26006 ACCIDENT/EXPOSURE INVESTIGATIONS
Procedures for investigating workplace accidents and hazardous substance exposures include:
• Visiting the accident scene as soon as possible.
• Interviewing injured workers and witnesses.
• Examining the workplace for factors associated with the accident/exposure. • Determining the cause of the accident/exposure.
• Taking corrective action to prevent the accident/exposure from reoccurring. • Recording the findings and corrective actions taken.

SEC. 160042_6007 METHODS OF MITIGATING WORK PLACE HAZARDS All hazards identified in the work place should be corrected as soon as possible. If during the annual safety inspection hazards are identified, a written memo will be forwarded to the Department Head and the City Manager. It shall be the Department Head's responsibility to correct the hazards as soon as possible.

In the event the hazard cannot be corrected within sixty (60) days the Department Head shall forward a written memo to the Safety Committee and City Manager explaining when the correction will be completed.

When an imminent hazard exists that cannot be immediately abated without endangering employee(s) and/or property, we will remove all exposed workers from the area except those necessary to correct the existing condition. Workers necessary to correct the hazardous condition shall be provided with the necessary protection.

Injury and Illness Prevention Program
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Updated: March 7, 2012
SEC. 16006i6008 TRAINING AND INSTRUCTIONEMPLOYER/EMPLOYEE

COMMUNICATIONS
A. All employees, including managers and supervisors, shall have training and instruction on general and job-specific safety and health practices. Training and instruction is provided as follows:

It is the responsibility of each Department or Division Head to conduct regular training sessions that deal directly •.-.iith employee safety. Some of the times these training sessions should be conducted are:

1. When an employee is first hired;

2. When an employee is given a new job assignment for which training has not previously been provided;

3. When new substances, processes, procedures, or equipment are introduced to the work place and present a new hazard;

4. When notifioation is receivedthe City is made aware of a new or previously unrecognized hazard;

5. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed.

6. To all employees with respect to hazards specific to each employee's job assignment.

L._During the Hot Weather Season as described in Section 16005 i 6Q12(B)_(Heat Illness Prevention).

B. General workplace safety and health practices include, but are not limited to. the following:

1. Implementation and maintenance of the IIP Program.

2. Emergency action and fire prevention plan.

3. Provisions for medical services and first aid, including emergency procedures.

4. Prevention of musculoskeletal disorders, including proper lifting techniques.

5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and promptly cleaning up spills.

6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety.

7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and electrical panels.

8. Proper reporting of hazards and accidents to supervisors.

9. Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers.

10. Proper storage and handling of toxic and hazardous substances, including prohibiting eating or storing food and beverages in areas where they can become contaminated.

Records of all safety training should be maintained in the Department training file.

Injury and Illness Prevention Program
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Updated: March 7, 2012

1. It is every employee's responsibility to report any hazardous condition to their supervisor or to the Safety Committee as soon as it is discovered.

2. Under no circumstances will any type of reprisal be taken against an employee for reporting an actual or perceived hazardous condition.

SEC. 1600726009 EMPLOYEE COMPLIANCE
All employees are required to comply with safe and healthy work practices. Any employee found in violation of any safety rules or regulations may be subject to disciplinary action.

SEC. 26010 REPORTING WORK CONNECTED INCIDENTS
The City will notify Cal/OSHA by telephone immediately (not longer than 8 hours after the employer knows or with diligent inquiry would have known) of any work-related , serious injuries, illnesses or death of an employee. "Serious injury or illness" means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. (8 CCR Secs. 330(h). 342).

SEC. 26011 RECORDKEEPING
The City is a local governmental entity and we are not required to keep written records of the steps taken to implement and maintain our IIP Program.

SEC.16005 26012 HEAT ILLNESS PREVENTION PROGRAM (CA Code of Regulations Title 8, Sec. 3395)
A. Purpose and scope.

The City's Heat Illness Prevention Plan applies to personnel who work in outdoor areas or on jobs tasks where environmental risk factors for heat illness are present, and who. by virtue of their work location or job task, are at risk for developing heat illnesses if they do not protect themselves appropriately. This plan includes steps to ensure drinking water and shade are available, temperatures and humidity conditions are monitored and high heat and emergency response procedures are followed. The Chairperson of the City's Safety Committee shall be responsible for implementing the provisions of this program at the worksite. This program is designed to meet or exceed the minimum requirements of the California Code of Regulations, Title 8, §3395 Heat Illness Prevention in Outdoor Places of Employment and §3396 Heat Illness Prevention in Indoor Places of Employment. A copy of this Heat Illness and Prevention Plan will be made available at each worksite in accordance with state law and regulations.Purpose and scope. This section applies to the control of risk of occurrence of heat illness to personnel in all outdoor places of employment and places in which heat can be a factor.

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BA. Definitions
&. 1. Acclimatization - The temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.

2. Cool-down area - An indoor or outdoor area that is blocked from direct sunlight and shielded from other high radiant heat sources to the extent feasible and is either open to the air or provided with ventilation or cooling. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight.

A cool-down area does not include a location where:
a. Environmental risk factors defeat the purpose of allowing the body to cool; or
b. Employees are exposed to unsafe or unhealthy conditions: or &.c. Employees are deterred or discouraged from accessing or using the cool-down area.

3. Environmental Risk Factors for Heat Illness - Working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.

4. Heat Illness - A serious medical condition resulting from the body's inability to cope with a particular heat load. and includes heat cramps1 heat exhaustion. heat syncope and heat stroke.

5. Heat index - A measure of heat stress developed by the National Weather Service (NWS) for outdoor environments that takes into account the dry bulb temperature and the relative humidity.

6. Heat wave - Any day in which the predicted high temperature for the day will be at least 80° F. and at least 10° F higher than the average high daily temperature in the preceding five days.
&.7. Hot Weather Season - Time of year when daily temperatures can easily reach 95 degrees Fahrenheit and above. (Usually from June 1st to September 30th , however can begin or end later)
J..,-8. Personal Risk Factors for Heat Illness - Factors such as employee's age, degree of acclimatization, health, water consumption, alcohol consumption, Injury and Illness Prevention Program
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caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat. 4-a-9. Preventative Recovery Period - A period of time to recover from heat in order to prevent heat illness.
a-,-10. Radiant heat - Heat is transmitted by electromagnetic waves and not transmitted by conduction or convection. Sources of radiant heat include the sun, hot objects, hot liquids, hot surfaces, and fire.
11 . Shade - The blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions. Canopies, umbrellas, and other temporary structures or devices may be used to provide shade.

12. Temperature - The dry bulb temperature in degrees Fahrenheit is obtainable by using a thermometer freely exposed to the air without considering humidity or radiant heat. to measure the temperature in the immediate area where employees are located.

Responsibilities

1. Human Resources Director
The Human Resources Director has oversight responsibility for the HIPP at the City. The Human Resources Director is responsible for implementing the HIPP and the methods for ensuring employees comply with safe and healthy work practices within their areas of responsibility. The Human Resources Director shall ensure the written HIPP is reviewed at least annually and updated as necessary.

2. Managers and Supervisors
Responsible for implementation of the HIPP. Managers and supervisors are responsible for applying this policy and ensuring all employees under their span of control have been trained and understand the requirements of this policy.

Managers and supervisors are generally responsible for creating a safe and healthy work environment and for integrating hazard recognition and control into all aspects of work-related activities.

3. Employees
Responsible for attending training sessions and encouraged to ask for clarification of any provisions of this plan they do not understand. Employees shall comply with all aspects of this plan and immediately notify management of any concerns regarding this plan. Employees may report any concerns without fear of reprisal. Employees not complying with the provisions of this plan may be subject to disciplinary action.

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D. Procedures

1. Provision of Water
a. Employees shall have ready access to potable drinking water. b. Requirements for potable drinking water include that it be fresh, pure, suitably cool and provided to the employee free of charge. c. The water shall be located as close as practicable to the areas where employees are working and in indoor cool-down areas.
d. Where drinking water is not plumbed or otherwise continuously supplied. it shall be provided in sufficient quantity at the beginning of the work shift to provide employees with enough drinking water for the entire shift. Employee work crews may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour.
e. Managers shall take one or more of the following steps to ensure every employee has access to drinking water:
i. Provide drinking fountains.
ii. Supply single service cups. Where single-service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used containers shall be provided.
iii. Supply sealed one-time use water containers. Where sealed one-time use water containers are supplied, a receptacle for disposing of the used containers shall be provided.
iv. Ensure re-usable, closable containers are available for individual employee use. Where re-usable containers for individual use are relied upon for compliance with this section, the employer shall ensure the containers are marked to identify the user and maintained in a sanitary condition.
v. Drinking water containers shall be capable of being tightly closed and shall be otherwise designed. constructed, and serviced so that sanitary conditions are maintained. Water shall not be dipped from containers.
vi. Any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose.
vii. Re-usable containers for individual use and drinking cups shall not be shared or used in common.
viii. Exceptions - re-usable containers for individual use and drinking cups which are safely and effectively cleaned and sanitized between use by different users.
ix. Non-potable water shall not be used for the purpose of drinking, washing. or food preparation.
x. Employees will be reminded of the location of the water coolers and of the importance of drinking water frequently. When the outside temperature exceeds 80° F, employees will be reminded of the Injury and Illness Prevention Program
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importance of drinking water, taking rest and water breaks, and the signs and symptoms of heat illness.

Employees shall be prm.'ided potable drinking 'Nater in sufficient quantity at the beginning of their work shift to pro'lide one quart per employee per hour for drinking for their entire shift. Employees may begin their shift 'A'ith smaller quantities of water if there are effecti'le procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of \•.mter, as described in Section 16005(E)(c), shall be encouraged.

2. Access to Shade and Cool-Down Areas
a. When outdoor temperatures exceed 80° F, the presence of shade is required. Management shall always have and maintain one or more areas with shade while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number employees on recover or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shade shall be located as close as practicable to the areas where employees are working. b. Shade shall be available when the temperature does not exceed 80°F.

When the outdoor temperature in the work area does not exceed 80°F. 1 shade must be provided or provided timely upon request. c. When indoor temperatures in the work area exceed 82° F., management shall always have one or more cool-down areas while employees are present. The cool-down area shall be at least large enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully in the cool-down areas without having to be in physical contact with each other. The cool-down area shall be located as close as practicable to the areas where employees are working. The temperature in indoor cool-down areas shall be maintained at less than 82° F. , unless demonstrably unfeasible.
d. Employees shall be allowed and encouraged to take a preventative cooldown rest in the shade or cool-down area when needed to prevent overheating. Access to shade and cool-down areas shall be always permitted. Employees taking a preventative cool-down rest shall be monitored for symptoms of heat illness and encouraged to remain in the shade for a period of no less than five minutes at a time. Employees will not be ordered back to work until any signs or symptoms of heat illness have abated.
e. Cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if management can demonstrate that these measures are at least as effective as shade in allowing employees to cool.

Employees suffering from heat illness or belie'ling a pre\'entati'le reco\'ery period is needed, shall be pro'lided access to an area 'A'ith shade that is either open to the air or pro'lided with ·.ientilation or cooling for a period of no less than fi•.ie (5) minutes.

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Such access to shade shall be permitted at all times. Shade is not adequate when heat in the area of the shade defeats the pllrposo of tho shade, Vlhich is to allow tho body to coo!. for example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the oar is running with air conditioning.

High Heat and Acclimatization Procedures

1. All employees shall be closely observed by a supervisor/manager during a heat wave. For purposes of this section only, "heat wave" means any day in which the predicted high temperature for the day will be at least 80° F and at least 10° Fahrenheit higher than the average high daily temperature in the preceding five days.

2. The City will implement the following high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit or the indoor temperature equals or exceeds 87° F (or when the temperature equals or exceeds 82° F where employees wear heat-restrictive clothing or work in high-radiant heat):

3. These procedures shall include the following to the extent practicable:
a. Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor and/or emergency services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable.
b. Observing employees for alertness and signs or symptoms of heat illness. c. Reminding employees throughout the work shift to drink plenty of water. d. Reminding employees prior to the shift and throughout the work shift of their right to take a cool-down rest when necessary.
e. If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. If the signs or symptoms are indicators of severe heat management must implement emergency response procedures.
f. Measuring the temperature and heat index, then recording whichever is greater in indoor places of employment.

4. An employee who has been newly assigned to a high-heat area shall be closely observed by a supervisor/manager for the first fourteen (14) days of the employee's employment:
a. In a work area where the temperature or heat index, whichever is greater, equals or exceeds 87°F: or
b. In a work area where the indoor temperature equals or exceeds 82°F for employees who wear clothing that restricts heat removal: or c. In a high radiant heat area where the temperature equals or exceeds 82°F.

All employees shall be closely observed by a supervisor/manager during a heat wave.

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F. Record Keeping and Control Measures

1. When one or more of the following indoor conditions is met, management shall measure and maintain accurate records of the temperature and heat index, whichever is greater:
a. The temperature equals or exceeds 87°F. when employees are present: or b. The heat index equals or exceeds 87°F. when employees are present: or c. Employees wear clothing that restricts heat removal, and the temperature equals or exceeds 82°F.; or
d. Employees work in a high radiant heat area and the temperature equals or exceeds 82 ° F.

2. The records shall include the date. time, and specific location of all measurements.
a. Initial measurements shall be taken at times during the work shift when employee exposure is expected to be the greatest. Measurements shall be taken again when they are reasonably expected to be 10° degrees or more above the previous measurements where employees work.
b. Records shall be retained for 12 months or until the next measurements are taken, whichever is later. The records shall be made available to employees or their designated representatives.
c. Instruments used to measure the temperature or heat index shall be used and maintained according to the manufacturers' recommendations.

First Aid and Emergency Response Procedures
All Department managers and supervisors shall take immediate action if an employee exhibits signs or symptoms of heat illness. An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered first aid onsite and/or being provided with emergency medical services. b. Emergency response procedures will be immediately activated by dialing 911 if the following signs or symptoms are observed. such as. but not limited to:
1 . Decreased level of consciousness

2. Staggering

3. Nausea or vomiting

4. Disorientation

5. Irrational behavior
a- 6. Convulsions
9-;- If employees cannot reach emergency medical services directly (because cell phone coverage is inadequate. for example), designate a person who can immediately contact emergency services on behalf of the employees and can provide emergency services with accurate directions to the worksite. The employees must be able to reach this person quickly (such as by radio) to request that emergency medical services be summoned.

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6-: When employees can contact emergency medical services directly, they will be allowed to do so in an emergency and are not required to contact a supervisor first.

Provisions must be made to transport employees safely to a place where they can be reached by an emergency medical provider where necessary. Crews working in the field must be provided with a map of their location or detailed, clear, and precise directions that can be given to emergency responders. This can be accomplished using cell phone GPS and map apps when reception is available. In the event of an emergency, clear and precise directions to the work site will be provided as needed to emergency responders.

H. Training
4-c 1. Employee Training. Training in the following topics shall be provided to all employees:
a. The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing. and personal protective equipment;
b. The City's procedures for complying with the requirements of this standardproqram, including, but not limited to, the employer's responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees' right to exercise their rights under this standard without retaliation;
c. The importance of frequent consumption of small quantities of water.:...., Workers are encouraged to drink at least one cup (8 ounces) of water every 20 minutes while working in the heat, not just if they are thirsty. Additional water is encouraged when the work environment is hot, and when employees are likely to be sweating more than usual in the performance of their duties; a-Lup to four (4) cups per hour under extreme conditions of 'l,mrk and heat;The concept, importance, and methods of acclimatization;
49-!,_ The different types of heat illness and the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition. that heat illness may progress quickly from mild symptoms and signs to serious and life-threatening illness. &.-L The importance of immediately reporting to the City, directly or through the employee's supervisor, signs or symptoms of heat illness in themselves, or in co-workers;
f:.g_,_ The City's procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary;
g:-.!L_Procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider;
i. The procedures for ensuring that. in the event of an emergency, clear and precise directions to the work site need to be provided to emergency Injury and Illness Prevention Program
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responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.
b. How to pro' ide clear and precise directions to the work site.

2. Supervisor Training. Prior to assignment to supervision of employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness1.•Jorking in the heat, effective training on the following topics shall be provided to the supervisor:

L The information required to be provided by Section 16005i6o1 2(.t:!) 1 above; b. How to provide water, access to cool-down areas or shade, preventative cool-down rests, and first aid, as well as the workers' right to exercise their rights under this standard without retaliation.
c. How to track the weather at the job site (by monitoring predicted temperature or heat index highs and periodically using a thermometer). Supervisors will be instructed on how weather information will be used to modify work schedules, increase the amount of water and rest breaks. or cease work early if necessary .
d. To assign new workers a "buddy." or experienced co-worker. to ensure that they understand the training and follow department procedures. a. The procedures the supervisor is to follow to implement the applicable provisions in this section;
L The procedures the supervisor is to follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures.
f. How to monitor weather reports and how to respond to hot weather advisories.

3. Training records
Training records will be maintained by the Human Resources Department.

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DIVISION 27
REASONABLE ACCOMMODATION AND INTERACTIVE PROCESSAMERICA.NS 'A'ITH

DISABILITIES ACT (ADA)
SEC. 27001 POLICY
Absent undue hardship to the City or its operations or the existence of a direct threats to the health and safety of the employee requesting accommodation or other employee(s), the City will provides employment-related reasonable accommodations to:

Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions (Gov. Code § 12940(m)); and An employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider (Gov.

Code§ 12945(3)(A)}; and
An employee who is a victim or whose Family Member is a victim of a Qualifying Act of Violence and who requests an accommodation for their safety while at work (Government Code Section 12945.8): and
An employees who requests reasonable accommodations to address a conflict between religious belief or observance and any employment requirement (Gov.

Code§ 12940(1)).

SEC. 27002 SUPPORTING DOCUMENTATION OR CERTIFICATION
A.

Reasonable Medical Documentation of Disability
If the disability or the need for reasonable accommodation is not obvious, the City may require the individual to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation. along with the name and credentials of the individual's health care provider. If the individual provides insufficient documentation, the City will: 1) explain the insufficiency: 2) allow the employee or applicant to supplement the documentation:
and 3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided. (2 Cal.Code Regs§ 11069(c)(2) & (d).)
Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer due to Pregnancy or Related Conditions
If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two business days after the employee's request for accommodation. A medical certification confirming the need for a reasonable accommodation, including Americans With Disabilities Act (ADA)Reasonable Accommodation and Interactive Process 27-1
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transfer. is sufficient if it contains: a description of the requested accommodation or transfer: a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer. (2 Cal.Code Regs § 11050(b)(3).)
Certification of Victim Status
An employee who is a victim or whose family member is a victim of a qualifying act of violence and who requests an accommodation to provide for their safety while at work must provide both of the following:

1. a written statement signed by the employee or an individual acting on the employee's behalf. to certify that the accommodation is to address victimsafety concerns while at work: and

2. a certification demonstrating the employee's status as a victim of a qualifying act of violence, which can be in the form of: a police report indicating the employee's victim status: a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from such crime. (Government Code Section 12945.8.)
SEC. 27003 FITNESS FOR DUTY EXAMINATIONS
A. Authorization for Use of Medical Information
B.

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

Applicants
After a conditional offer of employment has been extended to an applicant, the City may require the applicant to submit to a fitness for duty examination that is jobrelated; necessary for efficient operations of the agency: and required of all applicants for the job classification. (Gov. Code § 12940(e) &{f).) An applicant or employee who is required to pass a medical and/or psychological examination will be notified of their right to obtain a second opinion at their expense and that they may submit such second opinions for consideration. (2 Cal.Code Regs § 11071 (b)(2).)
Current Employees
The Human Resources Director may require an employee to submit to a fitness for duty examination that is job-related and consistent with business necessity, to Americans With Disabilities Act (ADA)Reasonable Accommodation and Interactive Process 27-2
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determine if the employee has a disability and is able to perform the essential functions of their job when there is significant evidence that:

1. The employee's ability to perform one or more essential functions of their job has declined; or

2. Could cause a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or others. (Gov. Code§ 12940(e) &(f).)
Role of Health Care Provider
The City may request the applicant's or employee's health care provider to conduct a fitness for duty exam on the applicant or employee, or may request a Cityselected health care provider to do so at the City's expense. The City will allow an employee paid time off to attend the exam. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with non-confidential information regarding whether:

1. The applicant or employee has a disability within the meaning of the California Fair Employment and Housing Act;

2. The applicant or employee is fit to perform essential job functions;

3. Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations;

4. There are any reasonable accommodations that would enable the employee to perform essential job functions; and

5. The employee's continued employment poses a threat to the health and safety of themselves or others.

Should the health care provider exceed the scope of the City's request and provide confidential health information. without valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested. (2 Cal.Code Regs§ 11069(c) & (d).)
D. Authorization for Use of Medical Information
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During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's medical history, diagnoses. or course of treatment without an employee's written authorization.

Medical Information from the Employee or Applicant
If an employee or applicant submits medical information to the City from their own health care provider, the Human Resources Director will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant's written authorization. Upon receipt of the written authorization, the Human Resources Director will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.

SEC. 27004 INTERACTIVE PROCESS
A. When to Initiate the Interactive Process
The Human Resources Director will initiate the interactive process when:

1. An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s) (2 Cal.Code Regs 11069(b)(1)); or

2. The City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor's note requesting an accommodation), or by observation of the employee's work (2 Cal.Code Regs. § 11069(b)(2)): or

3. The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers' compensation leave, Family and Medical leave. or other leave rights, but the employee and/or the employee's health care provided indicate that further accommodation is still necessary for recuperative leave or other accommodation (2 Cal.Code Regs. § 11069(b)(3)); or

4. An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider (2 Cal.Code Regs. § 11040(a)( 1)): or

5. An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave (2 Cal.Code Regs. § 11047); or

6. An employee-victim of stalking crime or qualifying act of violence requests a reasonable accommodation(s) for their safety at work (Government Code § 12945.8): or
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7. An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement (Gov.

Code § 12940(1)); or

8. An employer is aware of the need for a reasonable accommodation for an employee's or applicant's religious beliefs, observance or practices. (2 Cal.Code Regs.§ 11060(b).)
B. Interactive Communication
C.

After the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting. the Human Resources Director will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and their designated representative, (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The Human Resources Director will document these communications in writing. (Gov. Code § 12940(n): 2 Cal.Code Regs § 11069(a).)
Potential Accommodations for Applicants or Employees with Disabilities Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified. if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests. but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to:
• Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including: acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, and/or the provision of qualified readers or interpreters; • Job restructuring;
• Part-time or modified work schedules (Gov. Code § 12926(p)); • Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave (2 Cal.Code Regs § 11068(c)):
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• Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system (2 Cal.Code Regs § 11068(d)(5));
• Reassignment to a vacant lower-paid position if there is no funded , vacant comparable position for which the individual is qualified for (2 Cal.Code § 11068(d)(2)); or
• Reassignment to a temporary position, if the individual agrees. (2 Cal.Code Regs§ 11068(d)(3).)
Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case. the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case-by-case analysis that takes into account several factors, including, but not limited to: the employee's medical needs; the duration of the needed accommodation: and the employer's legally permissible past and current practices. (2 Cal.Code Regs. § 11040(a)(2)(A).) The range of potential accommodations includes, but is not limited to:
• Transfer to a less strenuous or hazardous position for the duration of the pregnancy (Gov. Code§ 12945(a)(3)(C));
• Change in or restructuring of work duties, such as modifying lifting requirements (2 Cal.Code Regs § 11040(b)):
• Providing more frequent breaks;
• Providing seating;
• Time off for medical appointments;
• Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. (2 Cal.Code Regs. § 11041 (c).) (However, a reduction in work hours may be considered a form of pregnancy disability leave and deducted from the employee's four month pregnancy disability leave entitlement.) (2 Cal.Code Regs § 11040(b).)
Potential Accommodations for Employee-Victims of Crime
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee Americans 1/Vith Disabilities Act {ADA)Reasonable Accommodation and Interactive Process 27-6
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victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to:
• Transfer. reassignment, modified schedule;
• Change in work telephone number;
• Permission to carry telephone at work
• Change in location of work station:
• Installation of locks and other security measures;
• Assistance in documenting domestic violence, sexual assault, stalking or other Qualifying Act of Violence that occurs in the workplace; • The implementation of a safety procedure(s);
• Adjustment to job structure, workplace facility. or work requirement; and • Referral to a victim assistance organization. (Labor Code§ 230(f)(2).) Potential Accommodations for Religious Creed, Religious Dress Practice, or Religions Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes. but is not limited to:
• Job restructuring or job reassignment (but not segregation from other employees or the public) (Gov. Code§ 12940(1)(2)):
• Modification of work practices. including dress or grooming standards (2 Cal.Code Regs§ 11062(c)(2)};
• Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked in order to avoid a conflict with their religious observances (2 Cal.Code Regs§ 11062(a)):

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• Allowing alternatives to union membership or payment of union dues (2 Cal.Code Regs§ 11062(c)(3)).

SEC. 27005 DETERMINATION
After the interactive process communications. the Human Resources Director will review the information received. and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful: whether the applicant's or employee's preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Human Resources Director will inform the applicant or employee of their determination in writing. The Human Resources Director will use their discretion based upon the particular facts of each case.

SEC. 27006 ACCESS TO MEDICAL INFORMATION REGARDING FITNESS FOR DUTY Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information.

Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Human Resources Director, the City's legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to state and federal law. (2 Cal.Code Regs§ 11069(9).)
AMERICANS ¥'.'ITH DISABILITIES ACT (ADA)
SEC. 17001 INTRODUCTION
The purpose of this Division is to ensure that persons 1 .vith disabilities are aff-Orded
reasonable opportunities to work for and enjoy the services of the City.

SEC. 17002 POLICY STATEMENT
The City of Los Banos provides employment related reasonable accommodations to qualified individuals 1.vith disabilities •.vithin the meaning of the California Fair Employment and Housing Act and the Americans 11.iith Disabilities Act. The City of Los Banos does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.

The City Manager, 520 "J" Street, Los Banos, California 93635, has been designated as the ADA Coordinator and he/she 'Nill coordinate compliance 11.1ith the non discrimination requirements contained in Section 35.107 of the Department of Justice Regulations.

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Information concerning the provisions of the Americans 1A'ith Disabilities Act, and the rights pro,,ided there under are a1•
1ailable from the ADA Coordinator.

SEC. 17003 REASONABLE ACCOMMODATIONS
Job applicants, employees or citizens who require reasonable accommodation due to a disability are encouraged to request such accommodations.

SEC. 17004 ACCOMMODATION REVIEVV
The folloi.ving procedure should be followed to request accommodation:

A Request for Accommodation
An employee \Nho desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Department Head or ADA Coordinator. \'\/hen a job applicant, employee or citizen requests an accommodation to overcome a disability, that request will be investigated by the ADA Coordinator.

B. Medical Documentation
Following receipt of the request, the ADA Coordinator may require medical documentation establishing the existence of a disability and the nature and extent of the individual's functional limitation arising from the disability.

C. Fitness for Duty Examination
The City may require an employee to undergo a fitness for duty examination to determine 1.ii.1hether the employee can perform the essential functions of the job with or without accommodation. The City may also require that a City apprm.1ed physician conduct the examination.

D. Interactive Process
Mer receipt of medical documentation and the results of a fitness for duty examination, if required, the ADA Coordinator will arrange to meet v.iith the employee.

The purpose of the meeting is to work in good faith to fully discuss feasible potential reasonable accommodations. The employee may, if he or she 'A'ishes, be accompanied by a representative of his or hertheir choice.

E. Case by Case Determination
The City has sole discretion to determine whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that 'A'ould pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the applicant, employee or Americans With Disabilities Act (ADA)Reasonable Accommodation and Interactive Process 27-9
768
Updated: March 7, 2012
others. The City 1Nill inform the employee of its decision as to reasonable accommodations in i.Nriting.

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DIVISION 28

PROHIBITIONS ON DRUGS AND ALCOHOL IN THE WORKPLACEDRUG AND

ALCOHOL FREE WORKPLACE POLICY
The City of Los Banos is concerned about employees being impaired for the performance of duty or under the influence of alcohol. drugs and/or controlled substances at work, and the use of such substances in the work environment. The City's position is that, any measurable amount of drugs or alcohol in an employee's system while on City time is counter-productive to the goals and mission of City. The City is also concerned about the possession. distribution, purchase or sale of illegal drugs and controlled substances in the workplace.

These activities adversely affect work performance. efficiency, safety and health. In addition, they constitute a risk to the welfare and safety of others, risks of injury to other persons, property loss or damage, or negative image for the City.

The City's policy is designed to promote a drug-free workplace, to eliminate drug and alcohol-related inefficiencies and risks, and to comply with applicable state and federal laws.

This policy applies to all City employees, whether they are on City property, or they are performing City-related business elsewhere, except as this policy is superseded by a memorandum of understanding or federally mandated drug and alcohol policies.

Compliance with this policy is a condition of employment. Disciplinary action will be taken against those who violate this policy.

In recognition of the public service responsibilities entrusted to City employees, and because drug and alcohol usage hinders a person's ability to perform duties safely and effectively. the following Policy on drug and alcohol testing is hereby adopted by the City.

SEC. 28001 POLICY PURPOSE
This Policy establishes the rules and procedures regarding the use of drugs and/or alcohol as it pertains to employment and the procedures to be used to test for drug and/or alcohol use in the following three circumstances: 1) pre-employment testing of external applicants for City special need jobs; 2) reasonable suspicion testing of current employees; and 3) post-accident testing of current employees. In addition, random testing may be required for those positions designated as safety sensitive by the City (see Exhibit_28A-1 to this Policy).

The City provides reasonable accommodations as required by law to those employees whose drug or alcohol problem classifies them as disabled. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those whose continued substance abuse, even if enrolled in counseling or rehabilitation programs, results in performance deficiencies, danger to the health and safety of others and themselves. and/or violations of federal. state or City laws and/or policies.

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The City's employee assistance provider offers counseling and treatment of drug- or alcohol-related problems. The employee assistance provider has information about: (1) the dangers of drug or alcohol abuse in the workplace; (2) the penalties that may be imposed for drug or alcohol abuse violations; (3) the City's policy of maintaining a drug- and alcoholfree workplace; and (4) any available drug or alcohol counseling, rehabilitation or employee assistance programs
SEC. 28002 VIOLATION OF POLICY
All persons covered by this Policy should be aware that violations of the Policy may result in discipline, up to and including termination, or in not being hired.

SEC. 28003 INDIVIDUALS COVERED
This Policy applies to external applicants for City special needs jobs and to all employees.

A copy of this Policy will be given to all employees. Notices of this Policy will be posted on all Department bulletin boards and copies are available in the Human Resources Department.

SEC. 28004 CONFIDENTIALITY
Any information about an employee's use of prescription or non-prescription medication, the results of any pre-employment or reasonable suspicion drug and/or alcohol testing, and/or an employee's past or present participation in rehabilitation or treatment for substance abuse shall be considered confidential personnel information. The information received in enforcing this Policy shall be disclosed only as necessary for: disciplinary actions and appeals; interactive process meetings and reasonable accommodation efforts, or resolving legal issues. Any reports or test results generated pursuant to this Policy shall be stored in a confidential file, accessible only by those authorized to receive the information, and separate and distinct from the employee's personnel file.

SEC. 28005 DEFINITIONS
A
B.

D.
"Alcohol" shall mean the intoxicating agent in beverage alcohol. ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. "Chain of Custody" shall mean procedures to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen at the certified laboratory. "City Equipment" shall mean all property and equipment, machinery and vehicles owned, leased, rented or used by City.
"Collection Site" shall mean a designated clinic/facility where applicants or Employees may present themselves for the purpose of providing a specimen to be analyzed. The City will select a Collection Site and require that the Collection Site Drug and Alcohol Free Workplace Policy
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comply with all methods of collection and Chain of Custody and provide documentation of compliance to the City.
"Designated Employer Representative (DER)" shall mean Human Resources Director or designee.
"Drug or Drugs" shall mean any controlled substance that is not legally obtainable under State or Federal law, or a prescription drug obtained or used without benefit of a prescription by a licensed physician.
"Medical Review Officer (MRO}" shall mean a licensed physician with knowledge of drug abuse disorders as well as appropriate training to interpret and evaluate an employee's positive test results together with an employee's medical history and any other biomedical information. MRO reviews all negative and positive test results and interviews individuals who tested positive to verify the laboratory report before the employer is notified. The City shall select a MRO who is a licensed physician.
"Prescription Drug" shall mean any substance that can lawfully be obtained or possessed pursuant to a prescription by a licensed physician. "Positive Test" shall mean to have the presence of a drug or a drug metabolite and/or alcohol in a person's system that is equal to or greater than the levels allowed by this Policy in the confirmation test as determined by appropriate testing of breath, urine or blood specimen and which is determined by the MRO to be the result of the use of drugs and/or alcohol.
"Testing Laboratory" shall mean a Substance Abuse and Mental Health Services Administration (SAMHSA) certified testing laboratory.
"Substance Abuse Professional (SAP}" shall mean a licensed physician, social worker, psychologist, Employee Assistance Program (EAP) or certified National Association of Alcohol and Drug Abuse Counselors (NAADAC) with knowledge of and clinical experience in diagnosis and treatment of alcohol and controlled substance disorders. SAP determines whether an employee is "Fit for Duty" following an employee's refusal to test or failed alcohol or drug test, refers employee for a return to duty test and schedules unannounced follow up testing for a period of up to 36 months from the date the employee tested positive.

SEC. 28006 PROHIBITION AGAINST THE USE OF ALCOHOL
No employee shall possess. use, sell, transfer. manufacture. purchase or transport alcohol or attempt to do so. or report to work with alcohol in their system. Employees may not use. be under the influence. or possess alcohol under any of the following circumstances: while on City property, while performing their duties (whether or not on City property) or at any time when use of alcohol would impair, to any extent, the employee's ability to perform their duties or to operate any City equipment.

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SEC. 28007 PROHIBITION AGAINST THE USE OF DRUGS
No employee shall possess, use, sell. transfer, distribute, dispense, manufacture, purchase or transport any controlled substance, narcotic (including marijuana), or drugs or attempt to do so, or report to work with drugs in their system.

No employee shall possess, use, sell. transfer, distribute, dispense, manufacture, purchase or transport prescription drugs, or attempt to do so, or report to work with prescription drugs in their system, unless the prescription drug has been lawfully prescribed to the employee.

SEC. 28008 CRIMINAL DRUG STATUTE CONVICTIONS
To fulfill its obligations under the Federal Drug-Free Workplace Act of 1988, the City requires any employee who is convicted of any criminal drug statute, for a violation occurring in the workplace, to provide written notice of the conviction to the Department Director no later than five (5) days after the conviction.

The City is also required, and will fulfill its obligations to educate employees on the harmful effects of using and abusing drugs and/or alcohol. As required by law, the City will notify federal contracting agencies within ten (10) days after receiving notice that an employee, directly engaged in performance of work on a federal contract, has been convicted of a criminal drug statute violation resulting from conduct occurring in the workplace.

Whenever the City has reason to believe that Federal, State or local drug laws are being violated, the City may refer the matter to the appropriate law enforcement agencies for investigation and possible criminal prosecution.

Independent contractors, or employees of independent contractors, working on City projects are required by law or contract to notify the City, the Human Resources Director, or Department Director of a drug and/or alcohol related conviction or positive test for drugs and/or alcohol. Said individuals will not be permitted to work on City projects.

SEC. 28009 MEDICATION REPORTING REQUIREMENTS
Employees shall, in the case of prescription drugs, ask the prescribing physician and/or, in the case of medication available over-the-counter, review product packaging, to determine whether the use of a prescription drug or over-the-counter medication may impair their ability to perform their normal job duties or to safely operate City equipment. Any employee taking any over-the-counter medication or prescription drug marked "do not drive," "do not operate heavy equipment" or similarly labeled, shall inform the appropriate Supervisor of the use of the medication or drug prior to reporting for duty.

In the case of prescription drugs, the Supervisor shall determine whether the employee may work. full duty or light duty, based on the written opinion of the employee's medical provider that the use of the medication may impair the employee's ability to perform Drug and Alcohol Free Workplace Policy
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specific duties. The Supervisor may, upon a determination that the employee is unable to safely perform their normal duties, or that a modified work assignment is not available, direct the employee not to work and to return home on paid leave or industrial leave if appropriate. If the employee's personal medical provider provides a written opinion that the use of the drug or medication will not impair the employee's ability to perform their normal duties, the Supervisor will allow the employee to perform those duties. Notices or communications required by this Section shall be confidential and disclosed only to the Supervisor and the other employees specifically authorized to receive information pursuant to this Policy.

SEC. 28010 ALCOHOL AND DRUG TESTING
The City has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City will use an outside laboratory or the breathalyzer at the City Police Department to perform all testing.

A
B.

Certain External Job Applicants:

The City has a special need to require certain job applicants to take a drug and alcohol test after a conditional job offer has been given. Those applying for jobs classified by City as safety sensitive positions that have public safety implications (i.e., including, but not limited to, those jobs where individuals perform work that involves a danger to the public. (such as: operating dangerous instrumentalities such as heavy trucks used to transport hazardous material, work regarding national security. work involving the enforcement of drug laws, and/or operating natural and liquefied natural gas pipelines). or those applicants seeking jobs which can directly influence children (including, but not limited to. teachers and school administrators):
must take and pass a mandatory drug and alcohol test as soon as practical following their acceptance of an offer of employment that is conditioned upon passing a pre-employment physical and drug/ alcohol test. A list of current positions that the City has designated as safety sensitive is found in Exhibit 28A-1 to this Policy.

Those external job applicants, described above and in the included Exhibit ~ A-1 _Qf this Policy, who:
• Refuse to submit to testing, or attempt to tamper with or adulterate a test sample. will be considered to have refused to participate in the testing process shall not be hired and will not be considered for employment for the certain positions described above for one year from the job applicant's refusal to participate in the testing process.
• Test positive for drugs and/or alcohol or unauthorized prescription drug use shall not be hired and will not be considered for employment for the certain positions described above for one year from the applicant's last positive test.

Employees
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The City may require an employee to submit to a drug· and/or alcohol screen test under the following circumstances:

1. Following a work-related accident, incident or mishap that resulted in death, or injury requiring medical treatment away from the scene of the accident, or property damage, where drug and/or alcohol use by the employee cannot be ruled out as a contributing factor. See Reasonable Suspicion Evaluation Form r Form 28-11

2. When a trained Supervisor has reasonable suspicion to believe, based upon specific and documented facts and observations that the employee may be under the influence of drugs and/or alcohol. See Form 28-1 .

3. When a trained Supervisor has reasonable suspicion to believe, based upon specific and documented facts and observations, that the employee either possesses, uses, sells, transfers, manufactures, purchases or illegally transports alcohol, drugs and/or drug related paraphernalia or attempts to do so. See Form 28-1 to this Policy.

4. Follow-up testing for employees who have returned to work following a positive test and their participation in a drug and/or alcohol rehabilitation program.

5. When an on duty employee is contacted by a police officer who has reasonable suspicion to believe the employee is under the influence of alcohol or drugs or the employee has been involved in an on-duty vehicle-related incident and the officer suspects the employee is under the influence of drugs and/or alcohol.

6. Random testing for certain positions that have been designated as safetysensitive by the City. A list of the current positions that have been designated by the City as safety-sensitive is set forth in Exhibit 28A-1 to this Policy.

Document and Analysis:

In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with the Department Head and/or Human Resources Director. Any reasonable suspicion testing must be pre-approved by the Department Head.

Testing Protocol:

If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the Department Head has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.

C. Positive Test or Refusal to Test
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Employees who refuse to take a test after direction to do so. or who test positive. will be subject to discipline up to and including termination. External applicants who test positive or who refuse to take a test after direction to do so. will not be considered for employment for a safety sensitive position as described in this policy and will not be considered for such positions for two years from the applicant's last positive test. A refusal to test is defined as any of the following:

1. Not providing the City a written consent to take the test;

2. The applicant or employee does not supply enough quantity of the laboratory required sample for alcohol or drug testing without sufficient or valid medical explanation:

3. Tampering with a specimen or collection process:

4. Tardiness to reporting Collection Site after time allocated for applicant or employee to report without valid explanation:

SEC .28-=- 01"'--'1'---"""'D~R"'-"U"""'G--'-A __ N __ D"""'A-'-'L"'""C""-"O'-'-H"'"""O'-=L"""'T-=E---S ___ TI ____ N _____ G A. Administration

1. The Human Resources Director or their designee is the Designated Employer Representative ("DER") and shall be responsible for overseeing implementation of this Policy and the testing procedures in Form_28-2. The Human Resources Director will be responsible for reviewing all disciplinary actions resulting from violations of this Policy to ensure that the action proposed or taken is consistent with this Policy and the Manual.

2. The DER shall be responsible for the following:
a. Communications directly with the MRO and/or SAP and SAMHSA regarding any drug and/or alcohol tests:
b. Overseeing testing programs:
c. Providing training to Supervisors and Employees;
B. Procedures

1. Mandatory Reporting - Any employee who has reason to believe that another employee may be in violation of this Policy shall immediately notify their immediate Supervisor. The Supervisor should take whatever immediate action is deemed prudent to ensure the safety of the public and employees. Should the Supervisor have reasonable suspicion to believe, based upon specific and documented facts and observations, that the employee may be under the Drug and Alcohol Free Workplace Policy
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influence of drugs and/or alcohol, the employee should be immediately removed from the workplace and placed upon administrative leave with pay until such time as testing results confirm or refute the presence of drugs and/or alcohol.

The Supervisor shall use the Reasonable Suspicion Evaluation Form (Form 28- 1) to assist in making this determination.

2. Acknowledgement - No drug and/or alcohol test may be administered. sample obtained, or drug and/or alcohol test be conducted on any sample in the preemployment context without the written acknowledgment of the applicant being tested. See [Form 28-2. Refusal of any applicant or employee to submit to testing. or attempt to adulterate or evade the testing process. will be viewed as insubordination and will subject the person to disqualification from employment or disciplinary action, up to and including, discharge. The City will pay the cost of all drug and/or alcohol tests required by this Policy.

3. Collection. Integrity and Identification
a. After the applicant or employee has been advised about the reason for the test by the Supervisor. the applicant or employee will be properly identified and Collection Site personnel will explain the mechanics of the collection process.
b. Procedures for urine collection will allow for individual privacy unless there is reason to believe the individual may alter or substitute the specimen to be provided. Samples will be tested for temperature and subject to other validation procedures as appropriate.

4. Chain of Custody
a. Procedures for the storage and transportation of test specimens shall conform to the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the Department of Health and Human Services as amended from time to time.
~ The test laboratory shall maintain custody of the specimens.

5. Notification - Any employee who tests positive will be notified by the MRO and will be given an opportunity to provide the MRO any reasons they may have that would explain the positive drug and/or alcohol test. other than the presence of alcohol or the illegal use of drugs. If the employee provides an explanation acceptable to the MRO that the positive drug or alcohol test result is due to factors other than the presence of drugs and/or alcohol in the test specimen. the positive test result will be disregarded and reported to City as negative.

Otherwise, the MRO will report the positive test result to the Designated Employee Representative or Human Resources Director. Test results will only be disclosed to the extent expressly authorized by this Policy.

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6. Split Sample Testing - An employee who has been subjected to drug and/or alcohol screening may request a split sample test be conducted at a certified laboratory chosen by the employee. All costs associated with an employee's decision to pursue split sample testing will be the full responsibility of the employee. The employee must adhere to the following procedures to maintain strict Chain of Custody of the sample and validity of the split sample test results:
a. To request a split sample test to be conducted , the employee must submit their written request on the required Chain of Custody release form provided by City' testing laboratory to the Designated Employee Representative. b. The request will be forwarded to the testing laboratory used by the City facility. They will release the split sample to the certified lab chosen by the employee provided they have received the properly executed Chain of Custody release form.
c. The laboratory selected by the employee must be a certified laboratory per State regulations and authority and be able to conduct GC/MS method of testing for validation of testing results. Any method of testing performed on the split sample that is not the GC/MS method will be considered invalid. d. The solit sample test results will not be released to City without the employee's written consent.

SEC. 28012 REHABILITATION
A. Voluntary Disclosure - Any employee with a drug and/or alcohol problem may voluntarily disclose the problem to the Designated Employer Representative who shall refer the employee to the Employee Assistance Program (EAP). An employee requesting this assistance may, at the Supervisor's discretion, be transferred, given work restrictions. or placed on leave while receiving treatment and until the employee is drug and/or alcohol free. An employee's voluntary disclosure of a substance or alcohol abuse problem will not terminate any investigation. criminal or administrative, initiated prior to the disclosure.

Each employee is responsible for seeking assistance before the employee's drug and/or alcohol problem leads to a violation of this Policy. or before the employee is asked to submit to a reasonable suspicion drug and/or alcohol test.

B. Leave Time - Employees must use available sick time, vacation accrual, flex leave or request personal leave of absence without pay if time off from work is necessary for any treatment or rehabilitation program. The costs of rehabilitation or treatment services, whether or not covered by the employee's medical plan, are the ultimate responsibility of the employee.

SEC. 28013 EXCEPTIONS
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This Policy shall not prevent a Safety Employee of the City Police Department from possessing drugs or alcohol as part of their official duties and when in furtherance of the mission of the Police Department.

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DRUG AND ALCOHOL TESTING POLICY

REASONABLE SUSPICION EVALUATION FORM
(FORM 28:1}
Employee Name:

Observation Date and Time:

Location of Employee:

Location of Supervisor(s):

Others present during activities or observations:
lncident(s) observed which give cause for reasonable suspicion:
(Factors that may be considered in combination with those listed in 1 - 6 below include:
takes needless risks, accident(s), disregard for others safety, unusual/distinct pattern of absenteeism/tardiness, increased high/low periods of productivity, lapses of concentration or judgment. etc.)

1. Presence of alcohol, alcohol containers, drugs, and/or drug paraphernalia (specify):

2. Appearance:

Flushed Inappropriate Disheveled
Bloodshot/Glassy Eyes Tremors Smell of Alcohol
Dilated/Constricted Pupils Inappropriate Wearing of Sunglasses Dry-mouth Symptoms
Puncture Marks
Other:

Runny Nose/Sores
Profuse Sweating
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3. Behavior/Speech:

Incoherent
Confused
Agitated
Other:

4. Awareness:

Confused
Lethargic
Lack of Coordination
Other:

5. Motor Skills/Balance:

Unsteady
Staggering
Slurred
Slowed
Sleeping on the job
Mood Swings
Paranoid
Swaying
Stumbling
Arms Raised for Balance
Other:

6. Other observed Actions or Behaviors:

Supervisor's Comments:

Supervisors Name:

Signature:

Witness(es) Name:

Signature:

Date:

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Unconscious
Hostile/Confrontation
Altercation
Euphoric
Disoriented
Falling
Reaching for Support
781
Updated: March 7, 2012

DRUG AND ALCOHOL POLICY

ACKNOWLEDGEMENT OF SUBMISSION TO DRUG AND/OR ALCOHOL TESTING BY

THE CITY OF LOS BANOS
(FORM 28~
I understand and acknowledge that I have reviewed a copy of the City of Los Banos Drug and Alcohol Policy (Policy). I hereby acknowledge that I am required to submit to drug and/or alcohol testing pursuant to the Policy.

I understand and acknowledge that information regarding the test results will be released to the City of Los Banos and that such information may be used as grounds for disciplinary action, up to and including discharge.

I further understand and acknowledge that:

1. The City will pay the cost of all drug and/or alcohol tests required or requested by the City:

2. I may request in writing a copy of the results of any such test:

3. I may request that a split sample test be sent to a certified Testing Laboratory of my choice, consistent with the procedures outlined in the City's Drug and Alcohol Policy, and that I will bear all of the costs associated with the split sample testing;

4. By signing this form , I hereby acknowledge that the split sample test results will be released to the City; and

5. I have the right to refuse to submit to such testing; however. refusal by me to submit to or cooperate at any stage of the testing shall be considered equivalent to a confirmed "positive" test for purposes of disqualification from employment and/or disciplinary action, up to and including discharge from my employment with the City.

6. I may also be required to execute forms at the Collection Site of Testing Laboratory.

With full understanding and knowledge of the foregoing, I hereby acknowledge my obligation to submit to drug and/or alcohol testing conducted by the clinics and/or Testing Laboratory selected by the City.

I have read the above acknowledgement and certify that I have signed this document with full knowledge and understanding of its contents.

Signature of Employee
Print Full Name of Employee
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Date:

City and State:

Witness Signature Date
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DIVISION 28A

DRUG AND ALCOHOL POLICY PURSUANT TO THE DEPARTMENT OF

TRANSPORTATION REGULATIONS
Policy against Substance Abuse in the Workplace
for Employees in DOT Safety-Sensitive Positions
SEC. 28001A PURPOSE
The City of Los Banos recognizes that the use of alcohol, drugs, and controlled substances in the workplace is not conducive to safe working conditions. In order to promote a safe, healthy, and productive work environment for all employees and the public, it is the City's objective to have a work force who is free from the influence of substance abuse.

This policy also is intended to comply with all applicable federal regulations governing workplace anti-drug programs and DOT safety sensitive employees. The federal Drug Free Workplace Act of 1988 and similarly, the California Drug Free Workplace Act of 1990 requires the establishment of drug free workplace policies and the reporting of certain drug related offenses to the federal Department of Transportation (DOT).

Also, the Federal Highway Administration (FHWA) (whose alcohol and drug testing rules are now enforced by the recently created Federal Motor Carrier Safety Administration (FMSCA) of the DOT has enacted regulations that mandate urine drug testing and breathalyzer alcohol testing for DOT safety sensitive positions and prevent performance of safety sensitive functions where there is a positive test result. The DOT also has set standards for the collection and testing of urine and breath specimens.

Employees shall be asked to sign a statement certifying that they have received a copy of this policy and understands its contents. Any questions regarding rights and obligations under this Policy shall be referred to the employee's supervisor, Department head, or Human Resources Director.

SEC. 28002A PERSONNEL AFFECTED
The prohibition against substance abuse in the workplace applies to all City employees when they are on City property or when performing any City related business, or when driving a motor vehicle on private roads and serious injury results.

If an employee is a DOT safety sensitive employee covered by this policy, they must familiarize themselves with this policy's provisions because compliance with this policy is a condition of their employment.

A DOT safety sensitive employee is an employee who meets any of the criteria below and as designated by the City in its sole discretion:

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One in any position that the respective City department has designated as requiring the use of a Class "A" or Class "B" commercial driver's license, including:

1. Public Worker/Maintenance I II ill

2. Firefighter, Fire Engineer, Fire Captain, Battalion Chief. Fire Chief

3. Police Officer, Police Sergeant, Police Commander, Police Chief One who performs DOT safety sensitive functions. the performance of which may affect the public safety, including:

1. Driving the controls of a commercial motor vehicle;

2. Waiting to be dispatched to operate a commercial motor vehicle

3. Inspecting, servicing, or conditioning any commercial motor vehicle

4. Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth)

5. Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending to a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle. or giving or receiving receipts for shipments loaded or unloaded:

6. Repairing, obtaining assistance, inspecting, maintaining, or attending to a commercial motor vehicle;

7. Use of a firearm for security purposes: or

8. Use of heavy equipment.

A DOT safety sensitive employee is considered to be performing a safety sensitive function during any period in which that employee is actually performing. ready to perform, or immediately available to perform any DOT safety sensitive function , including off site lunch periods and breaks.

SEC. 28003A POLICY
A. Prohibited Substances

1. Alcohol
This policy addresses the use of alcoholic beverages or substances. including any medication or food containing alcohol such that it is present in the body at a level in excess of that stated in the guidelines by the Department of Transportation, as amended, and currently set at a breath alcohol concentration of .02 liters or as otherwise noted in this Policy. Alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.

2. Drugs or Controlled Substances
This policy addresses any substance which, in the opinion of competent medical professionals, causes or may cause significant impairment of job performance or Drug and Alcohol Free Workplace Policy
28-16
785
Updated: March 7, 2012
which causes or may cause behavior that is a threat to the safety of the affected employee or others. All substances listed in any federal, state or local controlled substance acts or regulations, including, but not limited to, marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, and those substances listed in Schedules I through V of the Section 202 of the federal Controlled Substances Act, are covered by this policy.

3. Prescription Drugs
No prescription drug shall be possessed or used by an employee other than the employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. An employee must advise their supervisor of the use or influence of any prescription drug prior to beginning work, when taking the medication or drug could interfere with the safe and effective performance of duties. or the operation of a City vehicle or heavy machinery, such that the employee poses a direct threat to the health and safety of himself/herself or others.

Los Banos City CouncilNovember 5, 2025

Los Banos City Council
November 5, 2025