Maricopa City Council
November 18, 2025

1. Introduction

1.01 Contract Disclaimer
These Personnel Policies and Procedures ("Personnel Policies") are not a contract. Accordingly, they should not be interpreted to create any expressed or implied contractual rights between City and any employee. It is expressly understood that the contents of the Personnel Policies do not constitute the terms of a contract of employment or benefits. Thus, these Personal Policies should not be construed as a guarantee of continued employment. Any verbal or written representations to the contrary are invalid and should not be relied upon by current or prospective employees.

City reserves the right to revise, modity, delete, or add to any and all policies, procedures, work rules, or benefits stated in the Personnel Policies or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the City Administrator:

1.02 - City Rights
The City Council, through its City Administrator, has the exclusive right, in accordance with applicable laws and regulations, to maintain the efficiency of City operations and take all necessary action to prepare for and carry out City's mission, and to take certain actions including, but not limited to, the following:
• Hire, train, promote, direct, transfer, classify and assign employees, offer overtime work, relieve employees from duty, determine the content of job classifications, and establish compensation for employees.
• Discipline or dismiss employees.
• Determine City's budget and organization.
• Determine the methods, means and personnel by which City operations are to be conducted, and determine and effectuate methods of implementing the foregoing; • Have full charge and control of the maintenance and operation of City. • Discharge those duties prescribed by law.
• Have the right to reallocate funds when a position becomes vacant.

The exercise of City management rights shall not preclude an employee from presenting a grievance concerning an adverse effect of the exercise of such rights upon him or her; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

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Employment Procedures

2.01 Equal Employment Opportunity
City is an equal opportunity employer and makes employment decisions on the basis of merit.

City's policy prohibits unlawful discrimination based on race, color, creed, age, gender, gender identity, gender expression, sex, sexual orientation, national origin or ancestry, religion, marital status, military or veteran status, pregnancy or related medical condition, physical or mental disability, medical condition, including genetic characteristics, or any other consideration made unlawful by applicable federal, state, or local laws. It also includes a perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful. City maintains a zero tolerance of violations of this policy by any employee or other persons doing business with City and will take prompt and appropriate measures to enforce an atmosphere of non-discrimination in the workplace.

Any employee with questions or concerns about discrimination in the workplace should bring these issues to the attention of their supervisor or the City Administrator. Employees can raise concerns, report problems, or make complaints without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination, or submitting a fraudulent complaint, will be subject to corrective action up to and including termination.

2.02 Accommodations for Disability
The employment related provisions of the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) apply to all employees and job applicants seeking employment with City. Under these laws, a qualified individual with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the position.

City will attempt to provide reasonable accommodation for known physical or mental disabilities if a job applicant or employee is otherwise qualified, unless undue hardship would result. An applicant or employee who requires accommodation in order to perform the essential functions of the job should inform the City Administrator to request an evaluation of such an accommodation.

City will engage in an interactive process to obtain information relevant to the requested accommocation. You may be required to provide medical certification regarding your disability and need for accommodation. All medical information will be kept in a confidential medical file and shared only on a need to know basis.

While City welcomes your suggestions for accommodations to enable you to perform the essential functions of your job, City will make the final decision regarding whether it can provide a reasonable accommodation and, if so, which accommodation to provide.

Contact the City Administrator for further information.

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2.03 Anti-Harassment and Anti-Retaliation Policy
A. Policy Statement
The City strictly prohibits workplace harassment. All employees, applicants, volunteers, and independent contractors ("workers") working with the City are to be treated with respect and dignity. The City is committed to providing an atmosphere free of harassment and discrimination based on factors such as sex, sexual orientation, race, color, ancestry, religious creed, disability, pregnancy or related medical condition, medical condition, age, genetie characteristic, national origin or' ancestry, military or veteran status, marital status, gender, gender identity, gender expression, or any other protected class under applicable law.

B. Application
This policy applies to all phases of the employment relationship, including recruitment, testing, hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training.

This policy applies to all officers and employees of the City, including, but not limited to, City Council Members, full- and part-time employees, per diem employees, temporary employees, volunteers, and persons working under contrac for the City. It prohibits co-workers, third parties, supervisors, and managers from engaging in discrimination, harassment, or retaliatory conduct toward workers on any protected classifications identified above.

C. Harassment Defined
Harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual's sex and/or membership in one of the above-described protected classifications, and:

Submission to the offensive conduct is an explicit or implicit term or condition of employment;

2. Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the employee; oi

3. The offensive conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

Examples of what may constitute prohibited harassment include, but are not limited to, the following:

Kidding or joking about sex or membership in one of the protected classifications;
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Hugs, pats, and similar physical contact;
Assault, impeding or blocking movement, or any physical interference with normal work or movement;

4. Cartoons, posters, e-mails and other materials referring to sex or membership in one of the protected classifications;
Threats intended to induce sexual favors;
Continued suggestions or invitations to social events outside the workplace after being told such suggestions are unwelcome; Degrading words or offensive terms of a sexual nature or based on the individual's membership in one of the protected classifications; Prolonged staring or leering at a person;
Similar conduct directed at an individual on the basis of race, color, ancestry, religious creed, disability, medical condition, age (over 40), marital status, sexual orientation, gender identity or any other protected classification under applicable law.
:

D. Procedure
Internal Reporting Procedure
It is important that workers inform the City as soon as possible about any prohibited harassment because nothing can be done to remedy the situation if the City does not know that it exists.

1. Any individual who feels comfortable doing so should let a fellow worker know when that worker's behavior or comments are offensive or unwelcome, even if the situation does not rise to the level of a violation of this Policy.

However, individuals are not required to handle these situations on their own.

If an individual is not comfortable handling a situation directly with another worker, the individual should immediately report the conduct to one of the persons listed below.

City Administrator / Assistant to the City Administrator Personnel Policies

2. Any employee who believes that he or she or any co-worker has been the victim of sexual or other prohibited harassment by coworkers, supervisors, clients or customers, visitors, vendors, or others must immediately notify his or her supervisor or, in the alternative, the City Administrator or the City's Council, depending on which individual the employee feels most comfortable contacting.

3. Additionally, supervisors who observe or otherwise become aware of harassment that violates this policy have a duty to take steps to report such conduct, to initiate the process for investigating and remedying such harassment and prevent its recurrence.

E. Individual Responsibility
If individuals are assigned positions of supervision, each supervisor has the responsibility of maintaining a work environment free of harassment. This responsibility includes being available to discuss this Policy with the workers that they supervise and to assure the workers that they are not required to endure any form of prohibited harassment. If someone reports a harassment allegation to a supervisor, it is the responsibility of the supervisor to take immediate action by documenting the incidents) and reporting the allegation of harassment to the City Administrator or the City's Council, depending on the nature and target of the allegations.

Any supervisor who fails to take appropriate action to report or address harassment, discrimination or retaliation can and will be disciplined up to and including termination.

F. Investigation
Upon the filing of a complaint with the City, the complainant will be provided with a copy of this policy. The Authority will investigate all complaints of harassment in a prompt, objective, and thorough manner, including interviews of those with relevant knowledge. The City Administrator is the person designated by the City to investigate complaints of harassment. The City Administrator may, however, delegate the investigation and/or oversight of it at his/her discretion. In the event the harassment complaint is against the City Administrator, an investigator shall be appointed by the City Council, and the Council Will assume the role of the Cily Administrator throughout the process. The City will ensure that a prompt and thorough investigation is undertaken and will track progress to ensure timely closure. The City's investigation will be designed to maintain, to the extent possible, the privacy and confidentiality of all parties and witnesses involved. Complete confidentiality cannot occur, however, due to the need to investigate fully and to take effective remedial action. The City Administrator is responsible for directing the investigation into such allegations and for implementing appropriate remedial action, where warranted.

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G. Internal Documentation Procedure
When an allegation of harassment is made by an employee, the person to whom. the complaint is made shall immediately prepare a report of the complaint according to the preceding section and submit it to the City Administrator.

The investigator shall make and keep a written record of the investigation. Any documentary evidence shall be retained as part of the record of the investigation.

Upon completion of the investigation, the results (i.e., the finding only of sustained, not sustained, or inconclusive) shall be given to the complainant, the alleged harasser, and the City Administrator or the City Council (whoever is overseeing the investigation). All information obtained in connection with the investigation shall remain confidential to the extent possible.

Based on the report and any other relevant information, the City Administrator or the City Council shall, within a reasonable period of time, determine whether the conduct of the person against whom a complaint has been made constitutes harassment. In making that determination, the City Administrator or City Council shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question; the context in which the conduct, if any, occurred; and the conduct of the person complaining of harassment. The determination of whether harassment occurred will be made on a case-by-case basis by the City Administrator or the City Council.

H. Remedies
Disciplinary Action

1. If the City Administrator or the City Council determines that the complaint of harassment is founded, the City Administrator or the City Council, in connection with appropriate management, shall take immediate and appropriate disciplinary action consistent with the requirements of law and any policies pertaining to employee discipline.

Other steps may be taken to the extent reasonably necessary to prevent recurrence of the harassment.

2. Disciplinary action shall be consistent with the nature and severity of the offense, the rank of the harasser, and any other factors relating to the fair and efficient administration of the City's operations.

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I. Confidentiality
All records and information relating to the investigation of any alleged harassment and resulting disciplinary action shall be confidential, except to the extent disclosure is required by law, as part of the investigatory or disciplinary process, or as otherwise reasonably necessary.

J. Reports to DFCH
In addition to this policy, the State of California Department of Fair Employment and Housing ("DFEH"') provides additional information regarding the legal remedies and complaint process available through government agencies. If a worker thinks he or she has been harassed, discriminated against, or that he or she has been retaliated against for complaining, that person may file a complaint or obtain additional information from DFEH at (800) 884-1684. Charges filed with the DFEH are subject to the DFEH's investigation procedure.

K. Retaliation
Retaliation against anyone for opposing conduct prohibited by this policy or for filing, in good faith, a complaint with or otherwise participating in an investigation, proceeding ot hearing conducted by the City or DFEH is strictly prohibited by the City and state regulations. Engaging in retaliatory conduct may subject the offending person to, among other things, disciplinary action, up to and including, termination of employment.

L. Employee Obligation
Employees are not only encouraged to report instances of harassment, they are obligated to report instances of harassment.

Employees are obligated to cooperate in every investigation of harassment, including, but not necessarily limited to:

1. Coming forward with evidence, both favorable and unfavorable to a person accused of harassment; and

2. Fully and truthfully making a written report or verbally answering questions when required to do so during the course of a City investigation of alleged harassment.

Knowingly, falsely accusing someone of harassment, knowingly giving false or misleading information in an investigation of harassment, or otherwise not acting in good faith shall be grounds for disciplinary action, up to and including, termination of employment.

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2..04 Immigration Law Compliance
City employs only United States citizens and non-citizens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.

In compliance with the Immigration Reform and Control Act, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form (I-9) and present appropriate documentation establishing identity and employment eligibility no later than three (3) days following date of hire. If appropriate documentation is not received within this time, the employment relationship will be terminated.

2.05 Job Duties & Job Descriptions
City maintains job descriptions for each job classification. Such job descriptions contain a general summary of the job duties, minimum and desired qualifications and background, essential job functions, and physical/environmental factors associated with performance of the job. Job descriptions are used for such purposes as employment advertising, pay rate assignment, selection testing including pre-employment medical assessments, work related injury assessments, and performance evaluations.

An employee's job responsibilities that are within the general scope, responsibilities and skills required may change at any time during employment. From time to time, an omployee may be asked to work on special projects or to assist with other work if necessary or important to the operation of the department or the City if the employee has the skills and ability to perform that work. An employee's cooperation and assistance in performing such additional work is expected (even if the exact duty/function is not specifically listed in the job description). Additionally, work hours and/or schedules may be subject to change at any time during employment. Employees are expected to cooperate and perform additional work or work a different schedule as requested.

A. Employee Responsibilities

1. Employees of City may expect that:
• They will be fully informed of their duties and responsibilities. • They will be provided with adequate administrative and supervisory direction. • Their work performance will be regularly appraised, and they will be encouraged and helped to improve their level of perfornance.
• Their eligibility for promotion will be depondeni on demonstrated merit and availability of positions.
• Mediocrity and incompetence will not be tolerated.

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2. City expects that its employees will:
• Perform the duties and responsibilities contained in their job description. • Be courteous and professional.
• Provide faithful and effective performance
• Effectively contribute to the City's mission and purpose. • Respect proper protocol and the normal chain of command. • Display proper personal conduct for the position.
• Not abuse the rights, privileges, and benefits provided by the employment with the City.
• Maintain regular and predictable attendance.

2.06 Temporary Reclassifications
The City Administrator may temporarily assign an employee. to perform work normally performed by another employee at a different level ot salary. If the temporary assigned employee has the skills and ability to perform the job functions of the new assignment.

An employee temporarily assigned to perform work of a lower paid employee shall not have his or her salary reduced. An employce temporarily assigned to perform work of a higher paid employee shall receive compensation equal to the lowest salary step for that position that would provide for an increase in pay for all time spent in the acting position in excess of four (4) consecutive work weeks and continuing only until such time as the employee is returned to his or her original job duties. For the first four weeks in a temporary assignment, the employee will not receive any additional compensation. Temporary assignments to a higher paid class need to be in writing and approved by the City Administrator. The temporary assignment will not exceed 960 hours each fiscal year, unless the employee is filling a vacancy caused by a leave of absence.

2..07 Categories of Employmout
Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.

A. Regular Full-Tinne
Regular full-time employees are those who are scheduled for and do work between 32 and 40 hours per week. Regular full-time employees are eligible for employee benefits if any provided in these Personnel Policies
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B. Regular Part-Time
Regular part-time employees are those who are scheduled for and do work fewer than 32 hours per week, but not fewer than 20 hours. Regular part-time employees are not eligible for benefits.

C. Temporary
Temporary employees are hired for a limited period or for a specific purpose (such as emergencies). All temporary employees serve at the will and pleasure of the City Administrator and may be dismissed at any time without cause or right of appeal, grievance or hearing. Temporary employees are not entitled to employee benefits beyond those required by federal and state laws.

2.08 General Employment Practices

1. Employment activities shall be conducted in a manner which will assure employment of those individuals most qualified to fulfill position requirements of the City of Maricopa.

2. Employment consideration shall be on the basis of capability, availability and compatibility with position vacancies.

3. Equal employment consideration shall be given to physically and mentally handicapped applicants subject to specific job limitations and medical restrictions.

4. All employment practices shall be conducted in compliance with federal and state legislation governing fair employment practice and equal employment opportunity.

2.09 Employee Recruitment

1. All employment opportunities with the City of Maricopa shall be publicized by osting an announcement on an official bulletin board for a minimum of five alendar days and/or by advertising position in a newspaper of general circulation in the Maricopa area.

2. The City may seek additional applicants for all position vacancies through employee referrals; metropolitan, regional or national advertising media; federal, state and local employment service offices; commercial employment agencies and appropriate community action groups. The sequence in which these other recruitment sources are used, however, shall be at the discretion City Administrator:

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3. All applications and related paper work of candidates not hired by the City of Maricopa shall be retained by the city for a minimum of three years and shall be filed to provide easy reference and periodic update. The record shall include tests administered to each candidate, if applicable.

2.10 Employee Selection

1. Individuals seeking employment with the City of Maricopa shall complete a standard employment application provided by the city. Applicants may supplement such application with a personal resume if so desired.

2. Approved applications and acceptable resumes shall include personal information identifying the candidate and current information concerning the applicant's education, experience and job skills.

3. The City of Maricopa may reject any application which indicates that the applicant does not possess minimum qualifications for a position vacancy.

4. Applications may be rejected if the applicant has made any false statement, omission of material fact or has practiced any deception or fraud in submitting said application.

5. Those applicants deemed most qualified for position vacancies based on evaluation of education, background and experience may be interviewed by the city.

NOTE that possession of minimum qualifications for a position vacancy does not insure a personal interview.
6: Pre-employment testing administered by the City of Maricopa, if any, shall have demonstrable correlation between test results and projected job success. A suitable record of all tests administered to each applicant and scores attained on each test shall be maintained by the City Administrator:

7. The City of Maricopa, at its discretion, may conduct background investigation regarding an applicant's character, ability and reputation, taking care not to jeopardize a candidate's relationship with a current employer.

8. The Fair Credit Reporting Act requires employers to take certain action should a professional investigating firm be retained even in circumstances where the applicant is already employed by the City of Maricopa. The Act, however, does not apply in those instances where an individual has not specifically applied for a new position. In order to assure compliance with the law, any applicant on whom a professional investigator's report is sought must be so advised in writing and must be told that he has the right to request disclosure of the nature and scope of Personnel Policies

the investigation. All applicants applying for positions requiring background investigation should, therefore, be given a written notice at the time of interview, but in no instance, later than three days after an investigating firm has been asked to provide a report. A copy of written notice signed by the applicant must be retained for City files. Should an applicant submit a timely request for disclosure of information concerning the investigation, the City must respond within five days of receipt of request using a format approved by the City Administrator.

2.11 Pre-Employment Investigations

1. The city may make a telephone reference check of an applicant's former employers, supervisors and personal references. This inquiry will usually provide adequate reference for unskilled and clerical personnel.

2. A written inquiry may be directed to former employers, supervisors and personal references prior to employing professional applicants. A written inquiry may also be used to supplement or clarify information provided by telephone.

3. A professional investigation may be sought in recruiting employees for management positions. Such investigation may be initiated by the City Administrator or, if the applicant is being considered for the City Administrator position, by the City Attorney upon approval of the City Council. Such an investigation shall seek information concerning an applicant's address, employment history, occupation, habits, reputation, and unlawful activity.

Findings of a derogatory nature may be adequate justification for rejecting an applicant. Should employment be denied as the result of a professional investigation, i.e., an investigation performed by an agency other than a law enforcement agency, the applicant must be so advised and the name of the investigating agency must be provided in accordance with provisions of The Fair Credit Reporting Act.

2.12 Placement

1. Employment offers for al positions shall be made in writing and shall include starting salary on an hourly, weekly or monthly basis. In no event shall an employment offer be made in terms of annual salary which may imply a yearly contract. Written employment offers shall make no reference to bonus or overtime payment and shall detail all employment contingencies such as satisfactory medical examination and satisfactory reference checks.

2. Starting salary offers must be consistent with salary range structures established by the City of Maricopa and must be approved by the City Administrator:

3. Prior to final employment acceptance, all applicants must satisfactorily complete a physical examination consistent with the personnel policies of the city.

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4. All necessary forms and agreements shall be completed by newly hired employees prior to assigning such employee to an actual workstation.

5. No provisions of this policy or of the Personnel Policies and Procedures of the City of Maricopa either individually or as a whole shall obligate the City to employ any specific individual.

For regular full-time employees working less than 40 hours per week, some benefits, including paid holidays, will be pro-rated based upon hours paid.

2.13 Employment of Relatives
In order to avoid the appearance of impropriety in selection, promotion and other employment decisions as well as actual conflicts of interest, City does not hire relatives, except as set forth below. Employment with City shall be based on the applicant's individual merit.

For purposes of this policy, elatives and those holding a familial relationship are defined as:
mother, father, brother, sister, child, parent of spouse or registered domestic partner, grandmother, grandfather, grandchild, cousin, aunt, uncle, brother-in-law, sister-in-law, father-in-law or mother- in-law.

For business reasons of supervision, security or morale, City may refuse to place spouses, registered domestic partners or others in a similar relationship (hereinafter "spouses" for purposes of this section only) in the same department or facility if the work involves potential conflicts of interest or other hazards greater for spouses than for other persons. In determining whether there is a greater employees. If the potential conflict or hazard is greater, City shall take such steps to regulate the employment of spouses to avoid the conflict or other hazard. City shall attempt to match reasonably the severity of its actions towards one or other spouse to the degree of risk and the significance of the potential harm involved.

Where potential conflicts of interest exist, City retains the right to disqualify one party to the relationship for a position privy to confidential matters who has a spouse already in City's employment, when such relationship could result in the compromise of confidential information.

If co-employees many (or enter into a relationship similar to marriage, including a registered domestic partncrship) or become related by marriago, City will make rcasonable efforts to assign job duties so as to minimize problems of supervision, safety, security and morale following completion of the assessment discussed above. If such efforts prove to be unsatisfactory, City reserves its rights to transfer or reassign said employee as may be appropriate to alleviate the problem.

This policy shall apply to all employees of City, including both full-time and part-time positions.

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2.14 Terms of Employment
All employees hired are "at-will". At-will employees are free to terminate their employment with City at any time, with or without notice of a reason, and City has the right to terminate thell employment at any time, with or without notice or cause or right of appeal, grievance or hearing No one other than the City Council can enter into an agreement for employment for a specified period of time or make any agreement contrary to the policy of at-will employment. Further, any such agreement must be in writing and signed by the Mayor.

2.15 Driver's License Requirements
A candidate for employment must possess and maintain a valid California motor vehicle driver's license at the required level, if driving is required in the duties of a position. For employees who are required to drive in connection with their employment, insurability and compliance with established City vehicle operation standards are a condition of employment.

2.16 Background Security Check
Within ten (10) days of the initial conditional offer of employment, a background authorization form shall be completed for processing on each prospective employee. Criminal conviction history does not constitute an automatic bar to employment. the City will evaluate several relevant factors to determine whether the conviction acts as a bar to employment. Those factors include the type of position involved, the date of conviction, the age at the time of conviction, the existence of remediation, and the relationship of the offense to the position.

2.17 Performance Evaluations
Each employee's supervisor will prepare, in writing, a performance evaluation for each employee. All performance evaluations become a permanent part of the employee's records.

Bach employee shall sign and receive a copy of all written evaluations. As provided on the evaluation form, each employee can submit their own input to be attached to the evaluation.

Performance evaluations will be prepared in the following instances:
• When an employee has worked an initial six (6) month period in his or her new job classification (this applies not only to newly hired employees, but also to employees who have been promoted or otherwise transferred to new job positions). • Upon completion of the employee's first eighteen (18) months of service and annually thereafter, on or before July 1.
• When an employee is promoted or demoted.
• Whenever the employee's supervisor believes there has been a significant change in the employee's performance.

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• Whenever requested by the City Administrator.

In conducting performance evaluations, the employee's immediate supervisor shall carefully consider each item of performance in relation to duties outlined in the employee's position description and shall indicate the appropriate performance level in accordance with the guideline contained in this policy.

A. GUIDELINES

1. The OUTSTANDING performance level shall represent consistently excellent performance. Other employees recognize this individual's competence and seek employee's guidance in performing complex tasks.

2. The ABOVE STANDARD performance level shall represent above satisfactory performance on a sustained basis.

The STANDARD performance level shall represent the performance norm - the median performance level within all employee groups. The City of Maricopa is entitled to and should expect this performance level from all employees.

4. The IMPROVEMENT NEEDED performance level reflects marginally acceptable performance for new or progressing employees who are performing with minimum qualifications and experience. This level of performance on a continuing basis reflects below par performance and indicates a need for further development or replacement.

5. The UNSATISFACTORY performance level reflects unacceptable performance and shall be cause for termination of employment.

B. PERFORMANCE EVALUATION PROCEDURE
The City Administrator or designee shall advise the appropriate supervisor of performance evaluations scheduled approximately one month prior to the scheduled evaluation date.

2. First-line supervisors shall evaluate the performance of each employee in accordance with scheduled evaluation dates and shall discuss the performance evaluation with the employee noting areas of strength and weakness as well as those areas requiring improvement.

Upon completion of the performance evaluation, the first-line supervisor and the employee shall sign the completed evaluation report and the employee shall be given an opportunity to prepare written comment, should the employee so desire.

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The first-line supervisor shall forward the completed performance evaluation report and accompanying documentation to the City Administrator for concurrence.

The City Administrator shall review the performance evaluation for compliance with City policy.

6. Upon approval of the City Administrator, the performance evaluation report shall be placed in the employee's personnel file...

2.18 Emplovee Records
You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of a City representative at a mutually convenient time. If you wish to inspect your file, please schedule an appointment with the City Administrator. If you wish to make copies of any document, a reasonable fee may be charged. City will restrict disclosure of your personnel file to authorized individuals within City. Any request for information contained in personnel files (by you or anyone else on your behalf must be directed to the City Administrator: Only the City Administrator is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. However, City will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

2.19 Emplovee References
All requests for references for former employees and requests for information about current employees must be directed to the City Administrator: No other manager, supervisor, ot employee is authorized to release this information.

By policy, when a prospective employer calls for a reference, (for either a current or former employee), the City discloses only the dates of employment and the title of the last position held.

If the employee for whom information is requested authorizes the disclosure in writing, City also will inform prospective employers of the amount of salary of wage last earned.

If information is sought about current employees (i.e., verification of employment), the City Administrator will advise the affecied employee about the request for information and, when appropriate, obtain the employee's consent for disclosure. City will release information as authorized by employees and otherwise as required by law.

No employee other than the City Administrator may provide information about a current or former employee without prior written authorization of the City Administrator. Violation of this policy may result in disciplinary action up to and including termination.

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2.20 Employee Information/Omergency Data
It is important that employees promptly notify City of any changes to their personal information including:

Name
Home and/or Mailing Address
Telephone Numbers
Number, Names, and Status of Dependents
Change of Emergency Contact Information
Educational Accomplishments
Marital or Registered Domestic Partner Status
Payroll Deductions
Benefit Plan Beneficiary

2.21 Attendance & Punctuality
As an employee of City, you are required to be punctual and regular in attendance. Regular attendance and being on time is essential in performing your job and providing excellent member focused services. When you are absent, your assigned work must either be delayed or be performed by others.

Employees are required to report to work as scheduled, on time, and prepared to start work. employees also are expected to remain at work for their entire work schedule, except tor mer eriods or when required to leave on authorized City business. Late arrival, early departure, o other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.

If you are unable to report for work on any particular day, you must under all, but the most extenuating circumstances contact your supervisor (by text or e-mail) at least one hour before the time you are scheduled to begin working for that day. If you contact your supervisor less than one hour before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive absenteeism or tardiness, whether excused or not, will not be tolerated,
If you fail to report for work without any notification to your supervisor and your absence continues for a period of three (3) days the City will consider that you have abandoned your employment.

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2.22 Approved Time Off
Employees who know in advance they will be absent or late are required to make the necessary arrangements with their supervisor. Planned time off includes any situation that might prevent an employee from reporting to work on time for any scheduled workday or that needs to be scheduled (e.g., vacations, doctor's appointments, personal obligations, leaves of absence, etc.).

If prior arrangements have not been made, employees must discuss an absence or inability to be at work on time directly with their supervisor:

2.23 Separation of Employment
Separation of employment can be either voluntary or involuntary and may be initiated either by the employee or City.

A. Voluntary Separation
When an employee resigns, the separation is considered voluntary. If possible, employees are requested to give advance written notice, including reasons for the resignation, to their supervisor.

B. Involuntary Separation/Dismissal
An involuntary separation/dismissal is one that is initiated by the City.

C. Job Abandonment
An employee who has been absent for three (3) consecutive scheduled workdays without notification to his/her supervisor, will be considered to have abandoned his/her job and voluntarily terminated his/her employment without notice.

Failure to return from an approved leave of absence or vacation within the time limits established also will be considered as a voluntary termination of employment without notice.

D. Exit Interviews
Whenever possible, exit interviews normally will be conducted for all separating employees. This interview allows employees to communicate their views on working at the City as well as the job requirements, opcrations, and training needs of the position.

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E. Final Pay
All wages that are due and payable (including any accrued and unused vacation time) will be paid upon separation of employment. The employee's final pay will be available either on the last day of employment or no later than the next payday after separation following the processing of the normal pay period.

F. Return of City Property
It is the responsibility of any separating employee to return all property issued to them by the City. All such property, including any keys, laptop computer, cell phone, manual, documents, badges, identification cards and other items that the employee may have in his/her possession, must be returned on or before the last day of work.

G. Continuation of Group Health Insurance (COBRA)
COBRA requires most employers sponsoring group health plans to offer covered employees and qualified beneficiaries the opportunity for a temporary extension of health coverage (called "continuation coverage") in certain instances where coverage under the plan would otherwise end. This extension of coverage is offered at group rates plus an administrative fee, the cost of which is fully borne by the employee or eligible beneficiary.

Employees and dependents covered by the City's health insurance plan may have the right to choose continuation coverage if they lose group health coverage for certain reasons. These may include termination of employment, reduction in hours or leave of absence, death, divorce or legal separation of an employee, employee's entitlement to Medicare, or a dependent child who no longer meets eligibility requirements. In order to ensure rights to benefit continuation, it is the employee's responsibility to notify the City in writing within 60 days of certain qualifying events.

2.24 Notification of Reductions in Work Force
Under some circumstances, the City may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the City possible, on l preside bica no layoice if positeme of theepte of tie indi and li. F foreseeable duration of the layoff, whether short-term or indefinite.

In determining which employees will be subject to layoff, City will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employec's length of service. In all cases, City will make the decision based on operating needs and providing service to its citizens.

Personnel Policies

A. Notice of Layofi
A written notice of layoff shall be accomplished by personal service or sent by certified mail to affected employee(s) to the last address given to the City, not less than five (5) days prior to the effective date of layoff.

The notice shall contain:

1. The reason for layoff and its effective date;

2. The employee's reemployment rights.

B. Benefits and Assistance
Employees to be laid off shall be provided assistance by the City Administrator in exercising their entitlements to City and statutorily provided benefits, if any.

C. Reemployment of Employees Laid Off
Employees who are laid off and who held regular status at the time of layoff shall have their names placed on a Recall List for the job classification from which they were laid off.

Vacant positions in such classifications will be offered to eligible employees on the recall List. : D. Duration of Recall List
The eligibility of the individual on the Recall List shall extend for a period of twelve (12) months from the date of layoff. laid off employees not responding to written notification of an opening within five (5) working days shall have their names removed from the Recall List.

E. Notice of Recall
Notice of Recall from layoff shall be by Certified Mail and shall specify the date for reporting to work, which shall not be more than fourteen (14) working days from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file within the City.

I. Restoration of Benefits Upon Reemploymen Following Mayoft Upon reemployment, an individual will have the following benefits restored:

1. Prior uncompensated sick leave accruals to a maximum of 144 hours.

2. Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future layoffs.

Personnel Policies

2.25 Drug Testing
A. Testing of Applicants
As part of the City's employment screening process, any applicant to whom an offer of employment is made must pass a test for alcohol, drugs and controlled substances, under the procedures described below. The offer of employment is conditioned on a negative test result. Applicants will be informed of the City's drug testing policy in the employment application. An applicant's tailure to consent to this test will result in the withdrawal of his or her conditional offer of employment.

B. Reasonable Suspicion Testing
If there is a reasonable suspicion that an employee is working in an impaired condition, that suspicion will be reported to the employee's supervisor (or City Administrator, who will ask the employee about any observed behavior and offer an opportunity to give a reasonable explanation. If the employee is unable to satisfactorily explain the behavior, he or she will be requested by the City Administrator or his or her designee to take a drug test in accordance with the procedures outlined below. If the employee refuses to cooperate with the administration of the drug test, the refusal will be handled in the same manner as a positive test result.

Management must use the following reasonable suspicion observation checklist to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol. Examples include:
• Eyes (dilated, constructed or watery eyes, or involuntary eye movement); • Face (flushed, sweating, confused or blank look);
• Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts);
• Emotions (argumentative, agitated, irritable, drowsy); • Actions (yawning, twitching);
• Inactions (slceping, unconscious, no reaction to questions).

C. Post Accident
Employees are subject to testing when they cause or contribute to accidents that damage a City vehicle, machinery, equipment or property or that result in an myuy to themselves or a third party requiring medical attention.

Personnel Policies

A circumstance that constitutes probable belief will presume to arise in any instance involving a work-related accident or injury in which an employee who was operating a motorized vehicle (including City forklift, pickup truck, overhead crane or aerial/man-lift) is found to be responsible for causing the accident. In any of these instances, the investigation and subsequent testing must take place within four hours following the accident, if not sooner. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.

D. Procedures for Drug Testing
The City will refer the applicant or employee to an independent, certified medical clinic or laboratory, which will administer the test and which will follow medically accepted laboratory and chain of custody procedures. The City will pay the cost of the test and reasonable transportation costs to the testing facility. The employee will have the opportunity to alert the clinic or laboratory personnel to any prescription or non-prescription drugs that he or she has taken that may affect the outcome of the test. Unless otherwise notified all drug testing will be performed by urinalysis. Positive results will be confirmed by second test on the same sample.

The clinic or laboratory will inform the City as to whether the applicant passed or failed the drug test. If an employee fails the test, he or she will be considered to be in violation of the City's policies and will be subject to discipline up to and including termination.

Applicants or employees whose test results are positive will be afforded the opportunity to explain or rebut the results.

The test results will be confidential. Unless authorized by the applicant or employee in writing, the results will not be disclosed to persons inside or outside he City who are not required to know the information. Laboratory reports or tes esults will not appear in an applicant's general personnel folder, but will b contained in a separate confidential medical folder which will be securely kept under the control of the City Administrator: Disclosures, without patient consent, may also occur when the information is compelled by law or by judicial or administrative process, the information has been placed at issue in a formal dispute between the City and the applicant or employee, the information is needed by medical personnel for the diagnosis or trealment of the patient who is unable to authorize disclosure, or the information is required by a chemical dependency counselor to make an assessment and/or evaluation.

The test results will not be used for the purpose of determining any medical or bodily condition other than the presence of drugs and/or alcohol.

Personnel Policies

E. Acknowledgment and Consent
Any employee subject to testing under these guidelines will be asked to sign a form acknowledging the procedures governing testing, and consenting to (1) the collection of a urine sample for the purpose of determining the presence of alcohol or drugs, and (2) the release to the City of medical information regarding the test results. Refusal to sign the agreement and consent form, or to submit to the drug test, will result in the revocation of an applicant's job offer, or will subject an employee to discipline up to and including termination.

Compensation and Time Keeping

3.01 Salary Schedule
City employees shall receive the compensation provided in the basic salary schedule adopted by the City Council, except that the City Council may at any regular meeting or special meeting duly called for that purpose, adjust the salaries or salary ranges by minute order or resolution.

Employees shall be employed at the first step of the salary range for the particular position to which the appointment is made. In the event an applicant is found to possess qualifications extraordinary for the position the applicant is being hired for, the City Administrator may authorize the employment of such applicant anywhere within the appropriate salary range. For the purposes of this section, "extraordinary" means that the applicant has education, experience, and/or skills superior to that commonly required and expected for the position.

3.02 Pay Periods & Paydays
Employees of the City of Maricopa shall be paid every two weeks on Friday morning.

Employees shall receive compensation on a 40-hour, seven consecutive day work cycle.

Eligible non-exempt employees shall receive overtime compensation at a rate of one and one- half times base salary or hourly equivalent salary for hours worked in excess of 40 during the seven consecutive day work period as articulated in the city's Non-Exempt Overtime Policy.

3.03 Payrol Cycle

1. The seven consecutive day work period for employees of the City of Maricopa shall begin at 12:01 a.m. each Sunday and shall continue for a period of 168 consecutive hours ending at 12:00 a.m. the following Sunday.

Bi-weckly payrolls shall be processed within five working days following the close of each payroll period. Employee paychecks shall be available prior to 5p.m. on the Wednesday immediately following the end of cach payroll period Personnel Policies

3. Should a City approved holiday occur on the Wednesday immediately following the close of the payroll period, employee paychecks shall be available by 5 p.m. on the day proceeding the approved holiday.

4. Bi-weekly pay checks shall include all regular and overtime payments earned by the employee during the payroll period immediately preceding pay day.

5. Payroll shall be computed on those hours indicated on a time card signed by the employee and approved by the City Administrator or designee subject to provisions of the City's Sick Leave, Holiday, Vacation, and Overtime policies.

6. The City of Maricopa shall make only those payroll deductions required by law without written authorization of the individual employee. Such deductions include federal withholding tax; state withholding tax; and garnishment of wages required by order of a court of competent jurisdiction.

7. Upon written request of an individual employee, the City of Maricopa shall make payroll deductions for health insurance and other approved items.

The City of Maricopa does not pay employees in cash nor shall it cash employee payroll checks. Payroll checks shall not be distributed to anyone other than the employee unless the employee presents written authorization to the City of Maricopa designating a specific individual as their agent to receive possession of i the employee's payroll check.

3.04 Timekeeping/Time Records
It is the responsibility of every non-exempt employee to accurately record time worked. Federal and state laws require City to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is the time actually spent on the job performing assigned duties.

Overtime work must always be approved before it is performed. In accordance with applicable law, City rounds this time to the nearest one-quarter hour/fifteen minutes.

It is the employee's responsibility to submit time records to the appropriate supervisor for approval, certifying the accuracy of all time recorded.

3.05 Rest & Meal Periods
It is the policy of the City of Maricopa to provide cach employee with reasonable rest periods and an adequate meal period during those hours in which the employee is performing duties ou behalf of the City.

To reduce confusion and misunderstanding concerning employees rest periods and meal periods, the City of Maricopa has established regulations concerning the scheduling and use of this time.

Persomel Policies

A. REST PERIODS
Each employee shall be granted a 15 minute rest period once during each four hour work period.

Rest periods shall be scheduled at the discretion of the employee's immediate supervisor in accordance with departmental work load.

Employee rest periods shall be taken in an approved area as designated by the City Administrator or designee.

4. Rest periods shall begin at the time an employee stops work and shall end 15 minutes thereafter.

Under normal circumstances, those employees performing "field" activities shall take rest periods at the job site or, in the alternative, at the nearest "fast food" restaurant. In no instance, however, shall an employee be permitted a rest period of more than 15 minutes duration as defined above.

6. Employees declining to take a rest period scheduled by their immediate supervisor shall not be entitled to compensation for the missed rest period. :

B. MEAL PERIODS
Each employee shall be entitled to a meal period of not less than 30 minutes during each eight hour work period.

2. Meal periods shall be scheduled by the employee's immediate supervisor in accordance with departmental work requirements.

Employee meal periods taken at an employee's work site shall be taken in an approved area as designated by the City Administrator or designee.

Mcal periods shall begin at the time an employee stops work and shall end either 30 or 60 minutes thereafter, depending on the length of the "standard" meal period in the department to which the employee is assigned.

Meal periods may be taken at the location of the employee's choice excepi that no employee shall be permitted a meal period exceeding the "standard" meal period of the department to which the employee is assigned and provided that employees using City owned vehicles during the meal period conform to provisions of the City's Municipally Owned Vehicle Use Policy.

Personnel Policies

3.06 Overtime for Non-Exempt Employees
It is the policy of the City of Maricopa to pay overtime compensation at the rate of one and one-half times base hourly salary or hourly equivalent salary to all non-exempt employees as defined in the Fair Labor Standards Act and related federal and state law working in excess of 40 hours in a seven consecutive day work period.

Individuals in the following positions are not defined as non-exempt employees and shall not be eligible to receive overtime compensation.

City Administrator
Assistant to the City Administrator
A. Policy
The seven consecutive day work period for all employees of the City of Maricopa shall begin at 12:01 a.m. each Sunday and shall continue for a period of 168 consecutive hours ending at 11:59 p.m. the following Saturday.

2. Overtime compensation for non-exempt employees will be paid for time worked in excess of 40 hours in the seven consecutive day work period.

3. Time worked shall not include sick leave time, meal periods and paid absences granted in accordance with City policy.

All overtime hours shall be authorized by the City Administrator or designee and shall be reported on the employee's time card in quarter hour increments rounded to the nearest quarter hour. If excess time worked is:

At Least But Less Than Overtime Recorded
8 minutes 23 minutes 0.25 hours
23 minutes 38 minutes 0.50 hours
38 minutes 53 minutes 0.75 hours
53 minutes 1 hour, 8 minutes 1.00 hours
1 hour, 8 minutes 1 hour, 23 minutes 1.25 hours

5. Employces shall be compensated ai the rate of' one and one-half times base hourly salary or hourly equivalent salary for overtime hours defined herein.

Overtime compensation may be taken at the discretion of the employee as either pay or; upon approval of the City Administrator, as time off provided, however, that overtime taken as time off must be taken in the work week in which overtime hours were worked.

Persomel Policies

3.07 Payroll Deductions
City is required by state and/or federal law to withhold a portion of an employee's pay for tax or government-mandated benefit programs and other mandatory deductions from time to time.

These legally required deductions include, but are not limited to, the following items:

Federal Income Tax
State Income Tax
Medicare Deduction
Employee's contribution to Social Security
Court Ordered Deductions (such as garnishments) and Tax Liens

3.08 Pay Advances
City does not allow pay advances on either earned or scheduled but not yet worked hours.

Employees are therefore not eligible to receive manually processed paychecks for hours worked through an existing pay period in advance of City's normal payday regardless of the reason for such request.

3.09 Wage Garnishments
A garnishment is a legal levy by a creditor against an employee's pay. City expects all employees to manage their personal finances so as not to involve the City. All garnishments and other attachment orders that are required by law will be honored. An employee who suspects this may happen to him/her should review the situation with the City Administrator immediately.

3.10 Salary Establishment
It is the policy of the City of Maricopa to establish a salary amount for each employee position.

4. LEAVES OF ABSENCE

4.01 Holidays
Employees of the City of Maricopa shall be entitled to receive the following paid holidays observed by the City during the calendar year subject to provisions of this policy.

Personnel Policies

Holidays observed by the City shall include:

New Year's Day January 1
Dr: Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Eve December 24
• December 25
Christmas Day
Holidays occurring on Saturday shall be observed on the Friday immediately preceding the holiday; those occurring on Sunday shall be observed on the following Monday.

When Christmas falls on Sunday or Monday, Christmas Eve will be celebrated on the preceding Friday. When Christmas falls on Saturday, Christmas Eve will be celebrated on preceding Thursday.

A. Holiday Pay Full Time Employees
Holiday pay shall be computed on the employce's base rate exclusive of any premium payments to which employee may be entitled.

Employees required to work on a city approved holiday may schedule compensatory holiday absence on a day approved by their immediate supervisor.

Compensatory holiday absence shall be scheduled during the pay poriod in which the Holiday occurs.

Employees receiving holiday compensatory absence shall be compensated with time off for the number of hours worked on the city approved holiday.

Persomnel Policies

The City may deny an employee compensatory time for hours worked on a city approved holiday for the convenience of the city. When an employee is required to work on one of the City observed holidays and cannot schedule compensatory holiday absence, the employee shall be paid for the holiday at straight time base rate of pay, in addition to one and one-half his/her base rate of pay for all time worked
Should a city approved holiday occur during an approved vacation period or during an approved sick leave absence, the employee's shall be paid for the holiday in lieu of using an accrued vacation or sick leave day on the holiday.

Should a city approved holiday fall on a Monday or a Friday on which the city is not open for business, employees shall be paid at base hourly salary for the number of hours which the employee is scheduled to work on a regulat work day.

Holiday pay shall not be considered time worked for the purpose of calculating an employee's entitlement to overtime pay for hours worked in excess of 40 during the employee's regular work week.

B. Holiday Pay Part-Time and Temporary Employees
Regular part-time employees, of the City of Maricopa shall be entitled to those holidays observed by the City during the calendar year on a pro-rata basis.

Regular part-time employees required to work on a City approved holiday shall be paid in accordance with procedures outlined under Holiday Pay and shall be subiect to the conditions of this policy.

Temporary employees of the City of Maricopa shall not be entitled to receive holiday pay.

4.02 Vacation
Regular full-time employees earn vacation for each year of continuous employment as follows:

Years of Service Anmual Accrual Maximum Cap on Accrual
Less than 1 year 10 days days
After.. 5 years 15 days. days
After 10 years 20 days days
Vacation accrues on a biweekly basis on the last day of the pay period, based upon homs paid.

Regular part-time employees earn vacation on a pro-rata basis according to their regularly scheduled workweek. Employees who are in unpaid status (i.e. not at work and not using vacation or sick leave benefits) do not accrue vacation time.

Personnel Policies

Vacation can accrue up to a maximum of two times the employee's annual accrual (City Administrator can approve an exception on a case by case basis. Once this cap is reached, no futher vacation will accrue until some vacation is used. An employee may not use vacation in advance of its accrual.

Employees may use vacation in increments no smaller than one-half day (4 hours).

City provides paid vacation in order to provide its employees with a respite from their work and City believes that vacations are important for employee morale and productively. Therefore, it requires that each employee eligible for vacation use a minimum of five (5) consecutive days per calendar year. The City Administrator may approve an exception to this requirement on a case-by-case basis. If necessary, City may schedule vacations with reasonable advance notice for employees to enforce this policy.

Employees become eligible to take accrued vacation after six months of active service as work schedules permit. City will make every reasonable effort to allow employees to take vacation when requested. Each year, each employee shall submit to his or her supervisor a written vacation request.

In order to ensure minimum staffing levels to meet member service and workload needs, requests for vacation will be granted only when staffing requirements permit and upon mutual agreement of the employee and their supervisor.

Conflicts in scheduling requests will be resolved in favor of the employee with the greater seniority within his or her current department, except that timely requests shall have preference over late requests.

Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work. Vacation will be paid at the employee's regular rate of pay at the time of termination.

4.03 Sick Leave
Sick leave is a form of insurance that employees accumulate in order to provide a cushion for incapacitation due to illness. It is intended to be used only when actually required to recover from illness or injury; sick leave is not for "personal" absences. Time off for medical and dental appointments will be treated as sick leave. City will not tolerate abuse or misuse of your sick leave privilege.

City offers paid sick leave to all employees for regular full time employees. Paid sick leave accrues at the rate of 3.6923 hours per pay period or twelve (12) days each year based upon hours paid. Sick leave accrues on a biweekly basis on the last day of the pay period. Regular part-time employees earn sick leave on a pro-rata basis according to their regularly scheduled workweek (in no case, however, will part-time employees cam less than one hour of sick leave for every thirty (30) hours worked).

Employees who are in unpaid status (i.e. not at work and not using vacation or sick leave benefits) do not accrue sick leave time.

Sick leave can be taken for the following reasons:
• The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member.
• To attend legal proceedings, or to obtain medical treatment, counseling or other victims' services for domestic violence, sexual assault, or stalking.

Personnel Policies

A "family member" for these purposes is defined as a child (a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stand in loco parentis), a parent a biological, adoptive ol foster parent, stepparent, or legal guardian of an employee of the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was minor child), a spouse or registered domestic partner; a grandparent, grandchild, and sibling.

There is a cap on the accrual of sick leave for a maximum of hours. Any unused sick leave will be carried forward from one year to the next. City does not pay employees in lieu of unused sick leave. Any sick leave hours unused at the time of termination cannot be cashed out.

If you are absent longer than three (3) consecutive days due to illness, medical evidence of your illness and/or medical certification of your fitness to return to work satisfactory to City may be required. sick leave is a benefit intended to provide employees with some compensated time off during times of sickness and recuperation in order to facilitate a return to work. Employees are not guaranteed the right to use or otherwise exhaust all accrued sick leave. In appropriate circumstances, steps can be taken to terminate employment if an employee cannot return to work even if sick leave remains available.

4.04 Jury Duty
The City does not pay employees for any time spent on Jury Duty.

4.05 General Information
Employees may need to request a leave of absence for a variety of reasons. A request for a leave of absence should be made with the employee's supervisor. It is the employee's responsibility to ensure that the City receives all necessary documentation regarding the leave and any subsequent requests for extension fifteen (15) days prior to the effective date. Employees absent without leave and those who fail to return to work promptly at the end of a leave are considered to have voluntarily resigned their positions.

A. Usage of Accrued Leave
Employees on a leave of absence are required to exhaust all forms of accrued paid leave in connection with that absence (except as otherwise required in the Pregnancy Disability Leave and Workers' Compensation Leave policies). If an employee is absent for reasons allowing usage of sick leave, then the employee is required to exhaust all available sick leave. Once any available sick leave is exhausted, the employee is required to exhaust all available vacation leave and then all available compensaiory time off. Once all forns of paid leave have been exhausted, any approved leave will continuc on an un-paid basis.

Unless an employce is using sick leave or vacation (consistent with the City's policies regarding those benefits), or is approved for some type of leave, an employee is expected to be at work. the City does not provide employees with an option of taking un-paid leave unless specifically authorized by policy or law. If an employee needs leave from work for a reason not specifically addressed by the policies in this section, the employee should refer to the City's Personal Leave section in these policies and, if appropriate, request a personal Personnel Policies

leave of absence. That request will be evaluated and either granted or denied according to all relevant factors.

B. Paid Status
The employee will remain in paid status with the City during the period of leave as long as the employee is utilizing appropriate and approved leave benefits (i.e. sick leave, vacation, and CTO, depending on the type of leave). Employee benefit accruals, such as vacation, sick time, and holiday benefits, will continue during periods of leave as long as the employee remains in paid status. Employee benefit accruals will be suspended during leaves where the employee is in un-paid status and will resume upon the employee's return to paid status.

C. Workplace Accommodations
The City may attempt to accommodate employees returning to work from injuries or illnesses with short term "modified duty" assignments when practical and when required by applicable law. Such accommodations may be made depending upon the extent and nature of the work restrictions imposed by the health care provider, the anticipated duration of the restrictions, the availability of modified duty assignments, and other relevant considerations.

D. Leaves are Concurrent
Instances may exist where two or more leave of absence policies provide overlapping protection for eligible employees. It is the intention of the City's policies to limit employees to the time available under the single most favorable leave of absence policy and to prevent employees from exceeding the limitations of that policy. This means that all leaves of absence run concurrently as provided by law.

Accordingly, any leave of absence that is taken by an employee under any policy that could have been taken under any other policy of the City if the employee had requested to do so) shall be credited against the maximum limit on leaves established in each of the policies that provided the employee a basis to request a leave of absence. The sections below provide more detailed information regarding the different types of leaves of absence. We have attempted to address all issues related to compensation, use of accrued leave balances, and continuation of employee benefit plans. However, additional issues may arise which have not been contemplated. Any unanticipated issues will be addressed as provided by law or on a case-by-case basis.

4.06 Progmancy Disability Leave
Female employees will be given a reasonable leave of absence of up to 17 1/3 weeks, as needed, during any period of time she is actually disabled by pregnancy, childbirth, or related medical conditions, Employees disabled by pregnancy, childbirth, or related medical conditions may also be eligible for a reasonable accommodation based on the advice of her health care provider.

Personnel Policies

A. Employee Eligibility Criteria
To be eligible for Pregnancy Disability Leave, transfer or accommodation, the employee must be temporarily unable to work due to a disability related to pregnancy, childbirth, oi related medical conditions. Additionally, employees affected by pregnancy or a related medical condition are eligible to transfer to a less strenuous or hazardous position ot to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. Events That May Entitle an Employee to Leave, Transfer or Accommodation:

B. The 171/3 weeks Pregnancy Disability Leave allowance includes any time taken (with or without pay) for any of the following reasons:

If, in the opinion of her health care provider, the employee is unable because of pregnancy to perform any one or more of the essential functions of her job or to perform any of these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons. • If, in the opinion of her health care provider, the employee is suffering from severe morning sickness, or needs to take time off for: necessary prenatal or postnatal care, bed-rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, post-partum depression, childbirth, loss or end of pregnancy, and recovery from childbirth are also all covered by this leave.

C. An employee affected by pregnancy is eligible for a transfer if:
1) The employee's request is based on the advice of her health care provider that a transfer is medically advisable; and
2) Such transfer can be reasonably accommodated by the City. However, the City need not create additional employment it would not have otherwise created, discharge another employee, transfer another employee with more seniority, or promote or transfer any employee who is not qualified to perform the new job.

I. An employee affected by pregnancy is eligible for reasonable accommodation if:
1) The employee's request is based on the advice of her health care provider that reasonable accommodation is medically advisable; and 2) The requested accommodation is reasonable.

Personnel Policies

I. Duration of Pregnancy Disability Leave
• Pregnancy Disability Leave may be taken in one or more periods during times of actual disability but may not exceed 17 1/3 weeks total. It can be taken on an as-needed, intermittent basis when medically necessary, In other' words, leave may be taken intermittently or on a reduced work schedule when determined medically advisable by the employee's health care provider. The smallest increment of time that can be used for such leave is one half day (4 hours).
"17 1/3 weeks" means the number of days the employee would normally work within four months. For a full-time employee who works five eight- hour days per week, "17 1/3 weeks" typically means 88 working days of leave entitlement (i.e. 693 hours. Part-time or variable schedule employees are entitled to leave on a pro or proportional basis, respectively. • The leave benefits available under this policy are "per pregnancy" rather than "per year"
• For employees eligible for Family and Medical Leave Act (FMLA) and leave under the California Family Rights Act (CFRA), Pregnancy Disability Leave runs concurrently with FMLA leave but not with CFRA leave, which is a sepatate leave benefit. At this time, the City has no CFRA or FMLA eligible employees.

I. Pay during Pregnancy Disability Leave
• An employee on Pregnancy Disability Leave must use all accrued paid sick leave and may use any or all accrued paid vacation time and any available CTO at the beginning of any otherwise unpaid leave period. • All other Pregnancy Disability Leaves are unpaid leaves. • The receipt of vacation pay, sick leave pay, CTO, or State Disability Insurance benefits will not extend the length of the Pregnancy Disability Leave, Likewise, holidays which fall during the PDL do not extend the length of the Pregnancy Disability Leave.
• The employee will remain in paid status while using appropriate accrued leave (sick or vacation) during a PDL to satisfy any disability waiting periods and/or to supplement disability benefits in order to maintain the equivalent of full salary.

Personnel Policies

The employee will be in un-paid status after exhaustion of appropriate accrued leave balances or at the employee's election to not use accrued vacation benefits.

G. Benefits
During the period of PDL (up to a maximum of 17 1/3 weeks), the City will continue payment of all premiums for employee benefit plans in place at the time the leave begins. The City will also continue the employer contribution for employee benefit premiums as if the employee were in active employment status, as required by law or regulations. The employee must reimburse the City for any portion of benefits they would have paid through payroll deduction.

Such reimbursement must be received by the City within 30 days of the date of the invoice or written notification. If the City does not receive the reimbursement from the employee within 30 days, the City can cancel any policies and/or plans for which they have not been reimbursed
HI. Seniority
During a Pregnancy Disability Leave the employee shall accrue seniority and participate in employee benefit plans to the same extent and under the same conditions as would apply to any other unpaid disability leave granted by the City for any reason other than a pregnancy-related disability. The employee shall retain employee status during the period of the Pregnancy Disability Leave, and the leave shall not constitute a break in service for purposes of longevity and/or seniority under any policy or employee benefit plan.

I. Medical Certifications
"medical certification" is a written communication from the health care provider of the employee that either the employee is disabled due to pregnancy and in need of leave, or that it is medically advisable for the employee to be transferred to a less strenuous or hazardous position or to less strenuous or hazardous duties, or otherwise reasonably accommodated.
• The certification indicating disability necessitating a leave should contain:
1) The date on which the woman became disabled due to pregnancy; and 2) The probable duration of the period or periods of disability. • The certification indicating the medical advisability of a reasonable accommodation or transfer should contain:

Persomnel Policies

1) A description of the requested reasonable accommodation or transfer; 2) The date on which the need for reasonable accommodation or transfer became (or will become) medically advisable because of pregnancy; 3) The probable duration of the period or periods of reasonable accommodation or transfer; and
4) An explanatory statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy.

An employee requesting Pregnancy Disability Leave must provide medical certification fiom her health care provider. Failure to provide the required certification in a timely manner (within 15 days of the leave request) may result in delay of leave benefits until such certification is provided. the City shall respond to the request for reasonable accommodation, transfer or pregnancy disability leave as soon as practicable and, in any event, no later than ten calendar days after receiving the request.

Re-certifications are required if Pregnancy Disability Leave, transfer or reasonable accommodation is sought upon the expiration of the time period which the health care provider originally estimated that the employee needed, in a certification. Failure to submit required re-certifications can result in delay of the leave, transfer oi accommodation.

4.07 Procedure for Requesting and Scheduling Pregnancy Disability Leave, Transfer or Accommodation
An employee should request Pregnancy Disability Leave, transfer or reasonable accommodation by completing an Authorized Time Off form and submitting it to the employee's supervisor. An employee asking for a Request for Lea
Employees should provide at least 30 days' notice if the need for the leave, transfer or reasonable accommodation is foresceable. Failure to provide such notice is grounds for denial of such request, except if the need for leave, transfer or reasonable accommodation was an emergency or was otherwise unforesecable.

Where possible, employees must make a reasonable effort to schedule any planned appointment or medical treatments to minimize disruption of the City's operations, subject to the health care provider's approval.

Pregnancy Disability Leave may be taken intermittently or on a reduced leave schedule when medically advisable, as determined by the employee's health care provider.

Personnel Policies

If an employee's health care provider provides medical certification that the employee has a medical need to take intermittent leave or leave on a reduced leave schedule because of pregnancy, the City may require the employee to transfer temporarily to an available alternative • position for which she is qualified, that has equivalent pay and benefits, and that meets the needs of the employee.

In most cases, the City will respond to a request for Pregnancy Disability Leave, transfer or reasonable accommodation within three to five business days of the request, and, in any event, within 10 days of receiving the request. If a Pregnancy Disability Leave, transfer or reasonable accommodation is granted, the City will notify the employee in writing. This notice will explain the employee's obligations and the consequences of failing to satisfy them, as well as that that leave will be counted against the employee's Pregnancy Disability Leave entitlement.

4.08 Return to Work "
The employee is entitled to be reinstated to the same or a comparable position with equivalent pay, benefits and other employment terms and conditions upon release to return to work by her health care provider.
• Where a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated by the date agreed upon, provided that the employee has provided certification of her fitness for duty. • If the actual reinstatement date differs from the original agreement, the employee will be reinstated within two business days, where feasible (or if not feasible, as soon as it is possible for the City to expedite her return), after the employee notifies the City of her readiness to return and provides certification of her fitness for duty. In order to properly schedule an employee's retun to work, an employee on Pregnancy Disability Leave should provide the City Administrator with at least two weeks' advance notice of the date they intend to return to work.
• As a condition of an employee's return from pregnancy disability leave ot transfer, the employee must obtain a release to "return-to-work" from her health care provider stating that she is able to resume her original job duties.

The employee is not, however, entitled to any greater right of reinstatement than she would have had if she had been continuously at work rather than on leave or transferred. This is true even if the Employee has been given a written guarantee of reinstatement. Thus, for example, reinstatement to the "same position" may be denied if, for legitimate business reasons unrelated to the employee having taken a pregnancy disability leave or transfer, the employee would not otherwise have been employed in her same position at the time reinstatement is requesied (such as due to a layoff).

Similarly, the employee has no greater right to reinstatement to a "comparable position" or to other benefits and conditions of employment than an employee who has been continuously employed in another position that is being eliminated.

Persomel Policies

In the event that the employee is eligible to take family leave under the California Family Rights Act ("CFRA") following her pregnancy disability leave for the birth of her child, and the employee takes such leave, the employee's right to reinstatement shall be governed by the CFRA and the City's Family Leave Policy rather than Sections (1), (2) and (3) above.

If an Employee fails to return promptly fiom PDL, or from any approved additional leave commencing after pregnancy disability leave, the City will assume that the Employee has voluntarily resigned.

4.09 Federal family Leave
If the employee is eligible to take leave under the FMLA, the City shall count each day of pregnancy disability leave (or smaller increments, if leave is taken for less than full days) against an eligible employee's entitlement to up to 12 weeks of federal family leave under the FMLA.

4.10 California Family Leave
The right to take a pregnancy disability leave is separate and distinct from the right to take family leave under the CFRA. Thus, at the end of the employee's period(s) of pregnancy disability, ol at the end of four months pregnancy disability leave, whichever occurs first, an eligible employee may request to take up to 12 workweeks of CFRA leave in accordance with the City's family leave policy.

There is no requirement that either the employee or her child have a serious health condition or that the employee no longer be disabled by her pregnancy before taking CFRA leave for the birth of a child.

Where the employee has used all 17 1/3 weeks of her pregnancy disability leave prior to the birth of her child, and her health care provider determines that a continuation of the leave is medically necessary, the City may, but is not required to, allow the use of CFRA leave prior to the birth of a child.

The maximum possible combined leave for pregnancy disability/FMLA and CFRA leave due to the birth of a child is four months and 12 workweeks.

CFRA leave taken due to the birth of the employee's child must be concluded within one year of the child's birth. The basic minimum duration of such leave shall be two weeks, except that the City will grant a request for a CFRA leave of less than two weeks duration on any two occasions within one year of the child's birth.

4.11 Employment During Leave
An employee on Pregnancy Disability Leave may not accept employment with any other employer without the City's written permission. An employee who accepts such employment may be deemed to have resigned from employment at the City.

4.12 EMILA and CERA Leave Reguesés
Employees may need to request a leave of absence that qualifies for the protections under the Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA), Generally, FMLA and CFRA provide for up to 12 wecks of un-paid leave resulting from a scrious health condition that renders Personnel Policies

the employee unable to perform the essential functions of their job or a serious health condition affecting the employee's spouse, child, or parent for whom the employce needs to provide care. For an employee to quality for FMLA or CFRA, the employee must have worked for the City for at least 12 months and worked at least 1,250 hours in the past 12 months. In addition, the employee must be employed at a worksite where the employer employs at least 50 employees within 75 miles of that worksite.

An employee requesting a leave of absence pursuant to the provisions of FMLA and/or CFRA must make the request to their supervisor. The following conditions also apply:
• The employee will remain in paid status while using appropriate accrued leave balances (sick or vacation).
• The employee will be in unpaid status after exhaustion of appropriate accrued leave balances or at the employee's election t not use accrued leave benefits. • If disability insurance is applicable, the employee may elect to coordinate appropriate accrued leave balances, to the extent available, to maintain the equivalent of full salary. • During the period of leave, the City will continue payment of all premiums for employee benefit plans in place at the time the leave begins. the City will also continue the employer contribution for employee benefit premiums, as if the employce were not in leave status, for up to 12 weeks as required by law or regulations. The employee must reimburse the City for any portion of benefits they would have paid through payroll deduction. Such reimbursement must be received by the City within 30 days of the date of the invoice or written notification. If the City does not receive the reimbursement from the employee with 30 days, the City can cancel any policies and/or plans for which they have not been reimbursed.
413 Personal Leave
Requests for personal leaves of absence will be considered on a case-by-case basis typically based on factors related but not limited to staffing levels in the department, existing or projected workload demands, the requesting employee's work record, the basis of the request, and any additional costs and/or hardship caused by the leave. Personal leaves are generally considered for personal reasons such as a verifiable family or personal emergency not provided for by legally mandated leaves of absence, to complete a short-term educational requirement not associated with a condition of the employee's present job, or to attend to a medical condition not otherwise eligible or qualified under legally mandated leaves of absence.

Employees who are a victim of domestic violence, sexual assault, or a violent or serious crime are cligible for leave, which is a form of a personal leave, subject to the applicable laws and regulations.

Personal leaves must be approved by the City Administrator and shall be for an initial period not to exceed 180 calendar days, unless otherwise approved by the City Administrator. Requests for an Personnel Policies

extension of the initial leave will not be considered unless submitted in writing with reasons for the extension prior to the expiration of the initial period granted, and shall not exceed an additional 90 calendar days, unless otherwise required by law.

Additional conditions related to approved personal leaves are as follows:
• The employee will remain in paid status while using appropriate accrued leave balances (sick leave, vacation). Appropriate accrued leave, to the extent available, must be utilized during the period of leave.
• The employee will be in unpaid status for the remainder of any approved leave period after exhaustion of appropriate accrued leave balances. • If disability insurance is applicable, the employee must coordinate appropriate accrued leave balances, to the extent available, to maintain the equivalent of full salary. • The City will continue payment of premiums for employee benefit plans in place at the time the leave begins through the end of the month in which the employee is in paid status (i.e., using appropriate accrued leave balances). The employee must reimburse the City for any portion of benefits they would have paid through payroll deduction. Such reimbursement must be received by the City within 30 days of the date of the invoice or written notification. If the City does not receive the reimbursement from the employee within 30 days, the City can cancel any policies and/or plans for which they have not been reimbursed.
• Once all appropriate accrued leave balances are exhausted and/or the employee in in unpaid status and at the employee's election to continue the benefit plans while on leave, employee must reimburse the City for such benefit premiums. Reimbursement must be received by the City within 30 days of the date of the invoice or written notification. If the City does not receive the reimbursement form the employee within 30 days, the City can cancel any policies and/or plans for which they have not been reimbursed. • If the employee is absent because of a medical condition or procedure, they must provide a physician's certificate that they are fit for duty upon return.

While the City may endeavor to allow the employee to return to their same job, the City is not required to reserve the job of any employee who takes an authorized personal leave of absence, and such employees should not have a right or expectation to return to the same or similar job upon completion of the leave, unless otherwise required by law.

1.14 Workers' Compensation Leave
If an employee is injured at work and is temporarily unable to perform his or her usual and customary work, the employee will be allowed to take an unpaid leave of absence while receiving workers' compensation benefits. Certification from a recognized medical professional confirming the necessity of the leave must be provided to the City within fourteen (14) days after Personnel Policies

the leave begins. The duration of the leave will be determined on a case-by-case basis, considering both the injured employee's medical condition and the City's business needs.

The employee may elect during such absence to apply sick leave on a prorated basis to such absence and receive compensation in an amount equal to the difference between compensation received as regular salary and the amount received as Workers' Compensation benefits, not to exceed the amount of accrued sick leave. Similaily, the employee may elect to use any accrued paid leave time and accrued time off after the sick leave is exhausted.

The employee may return to work only after a recognized medical professional certifies that the employee is capable of resuming all of the essential functions of the employee's position. the City may, in its discretion, provide modified or light duty work if the employee's release contains such limitation.

If the employee has been released without limitation, the employee will be offered the same position he or she held previously, unless the job no longer exists or has been filled so that the City can operate safely and efficiently or the employment relationship has otherwise been terminated.

Workers' compensation leave will run concurrently with any family and medical leave (it applicable). During the period of leave, the City will continue payment of all premiums for employee benefit plans in place at the time the leave begins. the City will also continue the employer contribution for employee benefit premiums, as if the employee were not in leave status, for the duration of the leave. The employee must reimburse the City for any portion of benefits they would have paid through payroll deduction. Such reimbursement must be received by the City within 30 days of the date of the invoice of written notification. If the City does not receive the reimbursement from the employee within 30 days, the City can cancel any policies and/or plans for which they have not been reimbursed.

4.15 Military Leave
Military leave is a form of a personal leave of absence subject to the applicable laws and regulations. Leaves of absence and re-employment resulting from service in the National Guard or U.S. Military Armed Forces will be in accordance with applicable state and federal laws. A copy of the applicable, official military orders for training of active duty must accompany an employee's request for a leave of absence.

An employee who is assigned to an U.S. Military Armed Forces Reserve organization and is subject to active or inactive duty training will be granted leaves of absence without pay, generally for up to two weeks.

The following conditions also apply: The employee may remain in paid status while using appropriate accrued leave balances (vacation) to supplement his/her military pay to maintain ihe equivalent of full salary.

Personnel Policies

4.16 Other Leaves
The City provides other leaves of absence to eligible employees where required by applicable law. If you need leave for a reason not specifically addressed in this handbook, please contact the City Administrator.

4.17 Returning From a Leave of Absence
When an employee is returning from an approved leave, the employee must notify their supervisor at least seven calendar days prior to the scheduled return date. the City, at its discretion and based on anticipated business needs and operational concerns, may or may not be able to hold an employee's position open during a leave of absence.

If the position held no longer exists upon an employee's return, placement in another position, if available, for which such employee may be reasonably qualified will be made if feasible. If placement in another position cannot be accomplished, such employce will be laid off.

Reinstatement after leaves regulated by law will be in accordance with applicable state and federal laws in effect at that time.

4.18 Termination During a Leave of Absence
Employees will be replaced or terminated during a leave of absence for any of the following reasons:
• Notice of intent to resign or demonstration of intentions not to return to work is given. • Employee fails to return to work within the time specified for the leave without having obtained and the City approved extension of the original leave expiration date. • Employee fails to supply a doctor's certificate or other requested documentation to substantiate the need for, or an extension of, a leave. • Employee fails to accept their former position upon return, or if not available, another position for which they may be reasonably qualified.

Employee's position no longer exists at the conclusion of his/her leave.

Personnel Policies

5. EMPLOYEE STANDARDS

5.01 Ethics Policy
It is the policy of the City to carry out its mission in accordance with the strictest ethical guidelines and to ensure that the City members and employees conduct themselves in a manner that fosters public confidence in the integrity of the City, its processes, and its accomplishments. To ensure effective enforcement of this policy at all levels and to ensure that management is aware of pertinent information bearing on the existence of any potential conflict of interest of ethical concerns, supervisors are required to disclose any suspected violations of this policy to their immediate supervisor or manager, ot to the City Council.

5.02 Code of Conduet
The City and its employees must, at all times, comply with all applicable laws and regulations. The City will not condone the activities of employees who achieve results through violation of the law or unethical business dealings. This includes any payments for illegal acts, indirect contributions, rebates and bribery. The City does not permit any activity that fails to stand the closest possible public scrutiny.

All business conduct should be well above the minimum standards required by law. Accordingly, employees must ensure that their actions cannot be interpreted as being, in any way, in contravention of the laws and regulations governing the City operations.

5.03 Conducting Personal Business
Employees are to conduct only the City business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours.

5.04 Conflicts of Interest
All employees must avoid situations involving actual or potential conflict of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of the City, which impairs an employee's ability to exercise good judgment on behalf of the City, creates an actual or potential conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems.

An employce involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his or her immediate supervisor, any other appropriate supervisor, the City Administrator, or the City Council for a determination about whether a potential or actual conflict exists. Both individuals involved in the relationship are expected to report to one or more of the individuals identified above. If an actual or potential conflict is determined, the City may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action.

Personnel Policies

5.05 Relationship with Clients and Citizens
Employees shall avoid investing in or acquiring a financial interest for their own accounts in any business organization that has a contractual relationship with the City, or that provides goods o services, or both to the City, if such investment of interest could influence or create the impression of influencing their decisions in the performance of their duties on behalf of the City.

5.06 Gifts, Entertainment or Favors
Employees must not accept entertainment, gifts, or personal favors that could, in any way, intluence, ol appear to intluence, business decisions in favor of any person or organization with whom or with which the City has, or is likely to have, business dealings. Similarly, employees must not accept any other preferential treatment under these circumstances because their position with the City might be inclined to, or be perceived to, place them under obligation.

5.07Kickbacks and Secret Commissions
Regarding the City's business activities, employees may not receive payment or compensation of any kind, except as authorized under the City's remuneration policies. In particular, the City strictly prohibits the acceptance of kickbacks and secret commissions from suppliers or others.

Any breach of this rule will result in immediate termination and prosecution to the fullest extent of the law.

5.08 Funds and Other Assets
Employees who have access to the City funds in any form must follow the prescribed procedures for recording, handling, and protecting money as detailed in the City's instructional manuals or other explanatory materials, ot both. The City imposes strict standards to prevent fraud and dishonesty. If an employee becomes aware of any evidence of fraud and dishonesty, they shall immediately advise their supervisor or the City Administrator so that the City can promptly investigate further.

When an employee's position requires spending the City funds or incurring any reimbursable personal expenses, that individual must use good judgment on the City's behalf to ensure that good value is received for every expenditure.
5,09 Condueting Personal Business
The Cily funds and all other assets of the City are for business purposes only and not for personal benefit. This includes the personal use of organizational assets, such as computers.

Personnel Policies

5.10 City Records and Communications
Accurate and reliable records of many kinds are necessary to meet the City's legal and financial obligations and to manage the affairs of the City. The City's books and records must reflect in an accurate and timely manner all business transactions. The employees responsible for accounting and record keeping must fully disclose and record all assets, liabilities, of both, and must exercise diligence in enforcing these requirements.

Employees must not make or engage in any false record of communication of any kind, whether internal or external, including but not limited to:
• False expense, attendance, production, financial, or similar reports and statements. • False advertising, deceptive marketing practices, or other misleading representation.

5.11 Confidentiality
Each employee is responsible for safeguarding the confidential information obtained during employment.

In the course of your work, you may have access to confidential information regarding the City, its suppliers, its members, or perhaps even fellow employees. You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties. Access to confidential information should be on a "need-to-know" basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated, and appropriate action will be taken by the City.

5.12 Outside Employment
While employed by the City, employees are expected to devote their energies to their jobs with the City. The following types of employment elsewhere are strictly prohibited:
• Additional employment that conflicts with an employee's work schedule, duties, and responsibilities at the City.
• Additional employment that creates a conflict of interest of is incompatible with the employee's position with the City.
• Additional employment that impairs or has a detrimental effect on the employco's work performance with the City.

Additional employment that requires the employee to conduct work or related activities on the City property during the employer's working hours or using the City facilities and/or equipment.

Personnel Policies

• Additional employment that directly or indirectly competes with the business of the interests of the City.

Employees who wish to engage in additional employment that may create a real of apparent conflict of interest must submit a written notice to the City explaining the details of the additional employment. The City shall not provide workers' compensation coverage or any other benefit for injuries occurring from or arising out of additional employment.

5.13 Standards of Conduct/Prohibited Conduct
The following conduct is prohibited and will not be tolerated by the City. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare, work efficiency and the City operations also may be prohibited. • Falsifying employment records, employment information, or other the City records. • Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee's • Theft and deliberate or careless damage or destruction of any the City property, or the property of any employee or customer.
• Removing or borrowing the City property without prior authorization. • Unauthorized use of the City equipment, time, materials, or facilities. • Provoking a fight or fighting during working hours or on the City property. • Threatening violence or destruction of the City property. • Participating in horseplay or practical jokes on the City time or on the City premises. • Carrying firearms or any other dangerous weapons on the City premises at any time. • Engaging in criminal conduct whether or not related to job performance. • Causing, creating, or participating in a disruption of any kind during working hours on the City property.
• Insubordination, including but not limited to failure of refusal to obey the orders or instructions of a supervisor or member of managemeni, or the use of abusive or threatening language toward a supervisor or member of management. • Using abusive language at any time on the City premises. • Failing to notify a supervisor when unable to report to work.

Personnel Policies

• Unreported absence of three (3) consecutive scheduled workdays failing to obtain permission to leave work for any reason during normal working hours. • Failing to observe working schedules, including rest and lunch periods. • Failing to provide a physician's certificate when requested or required to do so. • Sleeping or malingering on the job.
• Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency. • Working overtime without authorization or refusing to work assigned overtime. • Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working. • Violating any safety, health, security or the City policy, rule, or procedure. • Committing a fraudulent act or a breach of trust under any circumstances. • Committing of or involvement in any act of unlawful harassment or discrimination of another individual.
• Engaging in discourteous, disrespectful, unprofessional, or abusive treatment of others in connection with the performance of work duties.
• Failing to abide by any policies set forth in this Handbook or otherwise adopted by the City.

This statement of prohibited conduct does not alter the City's policy of at-will employment.

Either you or the City remain free to terminate the employment relationship at any time, with or without reason or advance notice.

5.14 Off-Duty Conduct
While the City does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off duty conduct may interfere with the City's legitimate business interests. For this reason, employees ate expected to conduct their personal affairs in a manner that does not adversely affect the City's or their own integrity, reputation or credibility. Illegal off-duty conduct by an employee that adversely affects the City's legitimate business interests or the employee's ability to perform his or her job will not be tolerated.

5.15 Falsitication of Records
The City strictly and expressly prohibits the falsification of employment applications, personnel records, time keeping records, member account information, injury reports, or any other reports, documents of records pertaining to the City employment, operations or compliance with any applicable laws. Any Personnel Policies

employee found to have engaged in this form of misconduct, shall be subject to immediate termination and possible prosecution.

5.16 Investigations
As conditions warrant, it may be necessary for the City to conduct an investigation into an alleged ot suspected form of misconduct by an employee or other person. In these cases, employees should understand that the City has a legal obligation to conduct, or have conducted, such investigations to else ways he would am ince tier, sale, hel, as cad the reposity on an eca inappropriate act by any person, and cooperation with any resulting investigation, both an expectation and condition of employment.

Any employee who has information concerning an act of misconduct, or believes that such an act may have occurred, is required to promptly report all known information about the incident to their supervisor or the City Administrator: Under most circumstances, those affected will be informed when the matter is resolved. The exact details will be maintained confidential as a personnel matter to the extent possible.

Failure to report a known or suspected violation of the City's policies, practices, procedures, or administrative directives, or violations of any law, is considered an act of dishonesty and will be subject to disciplinary action up to and including termination.

5.17 Customer Relations
Employees are expected to be polite, courteous, prompt, and attentive to every member of the public.

Never regard a member of the public's question or concern as an interruption or an annoyance. All employees must make every effort to achieve complete, accurate, and timely communications - responding promptly and courteously to all proper requests for information and to all complaints.

Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received. Through your conduct, show your desire to assist the member of the public in obtaining the help he or she needs. If you are unable to help a member of the public, find someone who can.

All correspondence and documents, whether to members of the public or others, must be neatly prepared and error-fice. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.

When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, either the employee's supervisor or the Cily Administrator should be called immediately.

Never argue with a member of the public. Ifa problem develops, or if a member of the public remains dissatisfied, ask your supervisor or the City Administrator to assist in with a resolution.

Personnel Policies

5.18 Employer Property
Desks and computers are the City property and must be maintained according to the City rules and regulations. They must be kept clean and are to be used only for work-related purposes. the City reserves the right to inspect all the City property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee's presence.

The City provides tools, supplies and facilities for the use of the employees in the performance of their work. Employees who use the City equipment must be familiar with their proper use and care and shall operate them in accordance with instructions for use. Employees shall notify the City Administrator immediately of any needed maintenance for any the City facility or equipment.

Employees must report all accidents and/or damage to the City equipment to the City Administrator. Failure to properly use the City equipment or to report accidents and/or damage may result in disciplinary action up to and including termination.

No employee shall use the City facilities or equipment for personal use without the prior written approval of the City Administrator.

City voice mail and/or electronic mail (c-mail) are to be used for business purposes only. the City reserves the right to monitor and/or review voice mail messages and e-mail messages to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee's presence. The City may periodically need to assign and/or change "passwords" and personal codes for computers. These communication technologies and related storage media and databases are to be used only for the City business and they remain the property of the City. The City reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system.

Prior authorization must be obtained before any the City property may be removed from the premises.

For security reasons, employees should not leave personal belongings of value in the workplace.

Personal items are subject to inspection and search, with or without notice, with or without the employee's prior consent.

Terminated employees should remove any personal items at the time they Icave the City. Personal items Left in the workplace are subject to disposal if not claimed at the time of an employee's termination.

5.19 Housekceping
All employecs are expected to keep not only their work areas clean and organized but also assist in maintaining an overall clean work environment. People using common areas such as lunch rooms and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.

Personnel Policies

5.20 Voice Mail, E-Mail & Computer Files
The City uses various forms of electronic communication including, but not limited to computer, e-mail, telephones, Internet, cell phones, and PDA's. All electronic communications devices and all information stored on them, including all software, databases, hardware, and digital files, remain the sole property of the City and are intended to be used for the City business. Employees may use the City electronic communications devices for incidental personal use during non-working times (i.e., breaks or meal periods), provided doing so does not interfere with the City business.

Electronic communication and media may not be used in any manner that would be discriminatory, harassing, or obscene, or for any other purpose that is illegal, against the City policy, or not in the best interest of the City.

Employees who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, or related actions will be subject to discipline and/or immediate termination.

Employees may not install personal software on the City computer systems.

All electronic information created by any employee using any means of electronic communication is the property of the City and remains the property of the City. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the City's ownership of the electronic information.

The City will override all personal passwords if necessary, for any reason.

The City reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic communications as necessary to ensure that no misuse ot violation of the City policy or any law occurs. Employees should not have any expectation of privacy with respect to any information stored or placed on any of the City's computer systems. Even if employees use electronic communications devices for incidental personal use, employees should not have an expectation of privacy with respect to any information stored thereon. The City reserves the right to inspect and access all information placed or transmitted on any the City clectronic device.

Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by the City management.

No employee may install or use anonymous e-mail transmission programs or encryption of e- mail communications, except as specifically authorized by the City Administrator.

Personnel Policies

Employees who use devices on which information may be received and/or stored, including but not limited to cell phones, cordless phones, portable computers, fax machines, and voice mail communications are requied to use these methods in strict compliance with the trade secrets and contidential communication policy established by the City. These communications tools should not be used for communicating confidential or sensitive information or any trade secrets. Whenever any device with the City stored data is lost, you must contact the City Administrator immediately.

Access to the Internet, websites, and other types of the City-paid computer access are to be used for the City-related business only. In addition, the downloading of software applications, even if they are fice, is not allowed.

The City monitors both the amount of time spent using online services and the sites visited by the City personnel. the City reserves the right to limit Internet access to include or exclude certain Internet sites and/or services.
in yie foretic melia fity the cily muse ages, or of by tie of mation that villa tea. information is placed on an electronic information resource that is accessible to others.

Questions about access to electronic communications or issues relating to security should be addressed to the City Administrator.

5.21 Technology Usage & Protection Policy
When using the City's Technology Resources, employees must take care to reduce risk to these resources and to the confidentiality of the City's information. Following are some examples of behavior that reduces risk:
• Always consider the confidentiality of documents and information transmitted over outside services. This involves faxing, use of e-mail, cellular calls, USB flash drives, and other technology options. Substantial damage can be done by routing documents to the wrong person or organization, exposing documents or messages to interceptions and theft, transmitting confidential information during cellular calts, etc. • Change passwords frequently to avoid unauthorized access. Close e-mail windows when the computer is unattended.
• Always verify addresses such as e-mail and fax numbers before sending information so that it does not fall into the wrong hands.
• Be aware of the rights of others to their own copyrighted information. Do not download and pass on copyrighted materials where the copyright owner has expressly forbidden it. Do not "publish" another person's messages to a larger audience without securing their permission first.

Personnel Policies

• Remember, when you send e-mail or contribute to any public forum such as an Internet newsgroup while using the City's Technology Resources, what you say may be interpreted as the opinion of the City. Be courteous and businesslike in your communications.
• Keep in mind that all information stored on the City's Technology Resources may someday be disclosed to outside parties in connection with an investigation or litigation.

Accordingly, make sure your communications are professional in tone and content. • Always use appropriate fax cover pages that contain all the information necessary to see that delivery is made to the proper person.
• When you receive misdirected e-mail or faxes, promptly contact the sender and inform them of the mistake and ask that they redirect their communication. Do not forward the message or fax unless you are authorized to do so. If you cannot contact the sender, forward the communication to the City Administrator.

5.22 Smoking
California Labor Code section 6404.5 prohibits smoking in all enclosed places of employment in the state unless there is a specific statutory exemption (none of the exemptions apply to the City).

In addition, research has repeatedly demonstrated the health hazards of the use of tobacco products, including smoking and the breathing of second-hand smoke. Therefore, in the best interest of the health and safety of employees and the general public, the smoking of tobacco products shall be banned completely within the City buildings, facilities, or in confined spaces.

Those who smoke are requested to do so outdoors in designated smoking areas during regularly scheduled rest and meal periods. Extra care should be taken when working around combustible materials.

The success of this policy depends on the thoughtfulness, consideration and cooperation of smokers and non-smokers. All individuals on the City premises share in the responsibility of adhering to this policy. Likewise, all the City employees are responsible for advising members of the public or other visitors who are observed smoking tobacco products on the City property of the City's policy on the matter.

These individuals shall be asked by staff to refrain from smoking, and if the person fails to comply, the requesting staff member of the public should then inform a member of the public of the management staff.

Personnel Policies
Pago 53

5.23 Use of Tools di Equipment
When using equipment or tools in performing tasks, employees are expected to exercise care and follow all operating and maintenance instructions, safety standards, and guidelines. No employee is to attempt to repair any equipment without the express authorization of the employee's supervisor or the City Administrator: Use equipment and tools only for the purpose for which they were designed. Do not attempt to operate any equipment or machine until properly trained on the correct use.

If any the City equipment, machine, or tool is broken, malfunctioning, damaged, defective, or in need of repair, notify the employee responsible for the equipment, your supervisor, or management. • Prompt reporting of damage, defects, and need for repairs could prevent deterioration of equipment and possible injury to employees or others.

The improper, careless, negligent, destructive, or unsafe use or operation of tools or equipment, including their removal from the City premises, can result in corrective action up to and including termination,

5.24 Prohibited Cell Phone Use While Driving
In the interest of the safety of our employees and other drivers and to comply with California law, if your job requires that you keep your cell phone turned on while you are driving, you must use a hands-free device. Unless using a hands-free device, under no circumstances should employees place phone calls while operating a motor vehicle while driving on the City business and/or the City tume. Any citations for cell phone violations shall be the employee's responsibility.

6. Employee Discipline and Termination

6.01 Employee Disciplinary Policy
The City of Maricopa shall initiate appropriate disciplinary action should an employee engage in any practice inconsistent with published municipal rules or with ordinary, reasonable, common sense rules of conduct conducive to welfare of the City of Maricopa, its citizens and its employees.

Disciplinary action may consist of an oral reprimand, written reprimand, suspension, or dismissal depending upon the offending employee's conduct and the frequency and/or seriousness of the offense.

Disciplinary action shall be applied only after full consideration of the seriousness of the offense, the intent and attitude of the offending employee and the conditions under which the offense occurred.

Personnel Policies

All disciplinary actions administered under this policy, however, shall seek to correct non- conforming behavior, be proportionate to the severity of the misbehavior, and restore conformity.

Disciplinary actions shall be accomplished in such a manner as to avoid, whenever possible, the unnecessary public embarrassment of the employee disciplined. All employees must be thoroughly appraised of the basis of disciplinary actions before, during, and after actions are taken.

These employee safeguard requirements relate to any disciplinary action regarding the reduction of work hours or pay of a permanent, non-probationary, City employee. This policy shall not apply to either verbal ot written reprimands by the appointing authority unless specifically provided for herein or by law. This policy does not apply to probationary, temporary, part-time, or "At-Will" employees.

6.02 Right to Appeal
Except where otherwise prohibited, suspension and dismissal administered under this policy shall be subject to appeal in accordance with the city's Appeal policy.

6.03 Administering Employee Discipline
Should a permanent, non-probationary, employee violate municipal rules, i the individual's immediate supervisor shall notify the employee of the violation and advise the employee that disciplinary action may be considered.

After evaluating the seriousness of the employee offense, the intent and attitude of the offending employee and the conditions under which the violation occurred, the employee's immediate supervisor shall initiate disciplinary action, if warranted.

If the offense is of a minor nature, the employee's immediate supervisor may elect to administer an oral reprimand to the offending employee.

Should the employee's immediate supervisor determine that a written reprimand is warranted, the supervisor shall prepare such reprimand for presentation to the employec and for inclusion in the employed's permanent personnel file.

5. Should the employee's immediate supervisor determine that suspension oi dismissal is warranted, the supervisor shall submit documentation of the offense to the City Administrator for consideration.

Personnel Policies

Upon concurrence in such a recommendation, the City Administrator Personnel Officer shall prepare an appropriate "Notice of Intent" for presentation to said employee.

Documentation to be presented to the offending employee shall include the proposed action, copies of all written materials, reports, or documents upon which the action is based, the date the intended action is to become effective; and the right to respond either orally or in writing.

The City Administrator intending to impose disciplinary action shall provide the appropriate "Notice of Intent" and all documentation to the offending employee at least five (5) working days in advance of the intended action dwing which time the employee has the right to respond to the charges.

9. After reviewing all documents relating to the proposed discipline, the offending employee shall have the opportunity to respond either orally of in writing to the City Administrator.

If the employee fails to respond to the City Administrator either orally of in writing during the five day period, the proposed action shall be implemented.
: 10. After consideration of the offending employee's response, the City Administrator shall provide written response to the employee as to final disposition of the proposed action.

11. If the offending employee is not satisfied with the decision of the City Administrator, the employee may appeal the decision to the City Council in accordance with provisions of the city's Appeal policy..

6.04 Authority to Discipline
The City Administrator has the authority to take disciplinary action.

6.05 Enumerated Grounds Not Exclusive
Violations of the standards of conduct, ethics requirements and/or other rules in these Policies are not the only grounds for disciplinary actions and are not intended to be exclusive and may be supplemented by administrative regulations or directives at the discretion of the City Administrator: The dogree of severity of disciplinary actions shall be in proportion to the violation involved and take into consideration the subject employee's overall record with the City.

Personnel Policies

6.06 Types of Disciplinary Actions
The types of disciplinary actions which may be taken, in order of severity, are: oral reprimand,
• Suspension dismissal, Any appropriate combination of preceding may be used.

Disciplinary actions shall be defined as follows:

1. Oral reprimand: An oral warning verbally notifying the employee that his/her performance or behavior must be improved.

2. Written reprimand: An official notification, in writing, by the appointing authority to the employee, that there is cause for dissatisfaction with his/her services and that further disciplinary measures may be taken if the cause is not corrected.

3. Suspension: The temporary separation from City employment of an employee without compensation or accrual of employee benefits, for a period of time designated by the City Administrator as a disciplinary measure.

4. Dismissal: The discharge of and employee from City employment on the initiation of the City Administrator..

6.07 Emergency Actions
Should an employee's violation of municipal rules jeopardize the health, safety and welfare of the City of Maricopa, its citizens and employees; the health, safety and welfare of the offending employee or otherwise require an immediate management response, the employee's immediate supervisor or the City Administrator may suspend the employee with no loss of pay or benefits until such time as a proper investigation can be conducted and a decision has been rendered in accordance with the provisions of this policy. Such actions shall not be considered a disciplinary action.

6.08 Appeal of Disciplinary Action
• An employee who receives a written notice of disciplinary action (greater than an oral o1' written reprimand), shall, after following the procedures outlined above, be entitled to appeal the action or proposed action to the City Council of SDRM the City, or its designated hearing officer (which can be chosen by the City Council).

The appeal shall be in writing, addressed to the City Council, and mailed to the City's office. The appeal must be received by the City no later than ten (10) days from the date of the Notice of Disciplinary Action. If the City Council chooses to designate the hearing of the appeal to a hearing officer, the Brown Act shall not apply to the hearing, and any decision of the hearing officer shall be a recommended decision to the City Council. • The appeal shall contain a copy of the notice of disciplinary action that is being appealed.

Personnel Policies

• The appeal shall provide reasons why the employee believes the appeal should be considered by the City Council of the City.
• The appeal shall request a hearing before the City Council and shall indicate whether the appellant requests a Closed or Open session.

6.09 Hearing of the Appeal
Hearing before the City Council: If the City Council elects to hear the appeal (in lieu of delegating the matter to a hearing officer, the following process shall be followed:

1. At the next regular meeting of the City following receipt of the appeal, but in a period not to exceed sixty (60) days from date of such receipt (unless the parties agree to a later date), the City Council shall conduct an appeal hearing, in Closed or Open session, as requested by the appellant, and shall hear cominents from the appellant and the City Administrator: The hearing shall not be conducted in strict conformity with the Rules of Evidence as applied in a court of law, but all parties shall observe the substance of the rules of the evidence, to the end that the matter may be fully heard and determined upon evidentiary matter which reasonable people rely on in the conduct of serious business affairs.

2. Following the hearing of comments from the appellant and/or the City Administrator, the City Council may adjourn to Closed session to deliberate, and shall take such action as it deems appropriate, within Closed session or outside thereof, based on advice of Counsel, and in accordance with provisions of the Brown Act.

3. Within five (5) working days following the appeal hearing, written notice of the City Council's action on the appeal shall be mailed to the appellant at the appellant's last known address.

6.10 Effect of Suspension of Benefits
When an employee is suspended without pay for ten (10) or fewer working days, employee and employer contributions to benefits will be continued. However, suspended employees will not earn vacation or sick or be paid for holidays during the suspension period.

No benefits will be paid by the City for suspension over ten (10) working days. An employee may continue appropriate benefits by making the necessary payments.

6.11 flece of Termination
Upon the effective date of termination, the City shall cease to pay for any benefits for the employee.

Personnel Policies

6.12 Failure to File Notice of Appeal
If an employee against whom an action of termination or discipline has been imposed, fails to file or continue an appeal within the time specified above, the disciplinary action or termination shall become final without further action.

6.13 Death of Employee
Should an individual die while actively employed by the City of Maricopa, in the absence of a written designation of beneficiary payment for salary due at the time of the employee's death and for vacation accrued, if any, at the time of the the deceased employee.

Payment of all money due shall be in accordance with the laws of the State of which the deceased employee was a legal resident at the time of death.

Grievance

7.01 Purpose of Grievance Procedure
The grievance procedure is available for all employees and is intended for use solely to address disputes about the application or interpretation of the policies in those Personnel Policies and does not apply to disciplinary actions or performance evaluations.

The grievance procedures set forth below are designed to resolve grievances informally at the lowest possible level and to provide an orderly procedure for the prompt review and resolution of grievances. As used in this procedure the ter "immediate supervisor" means the individual who assigns, reviews and directs the work of an employee(s) and the term "party" means an employee, or its authorized representative.

7.02 Time Limits
Each party involved in a grievance shall act quickly so that the grievance may be solved promptly. Every effort shall be made to complete the action within the time limits contained within these grievance procedures, but with the witten consent of the parties involved, the time limits of any step may be extended.

IF SDRMA fails to meet any time limit, the grievance is deemed to be denied at that level on the date the response was due, and the employee must proceed to the next level of the grievance procedure.

If an employee fails to meet any time limit, the grievance is deemed to be withdrawn.

Personnel Policies

7.03 Presentation of Grievance
An employee may present a grievance while on duty, provided such use of on-duty time is kept to a reasonable minimum.

7.04 Informal Grievance
A grievance initially shall be personally discussed between the employee and his or her immedia super days the tele or l unstant a pavel ase to the precance. the employee shall have a decision or response from the immediate supervisor within five (5) calendar days following the discussion.

7.05 Formal Grievance
If an informal grievance is not'resolved to the satisfaction of the grievant, then a formal grievance shall be initiated in writing. A formal grievance shall be initiated no later than:
• Seven (7) calendar days after the event or circumstance giving rise to the grievance; oi,
• Within five (5) calendar days of the decision rendered in the informal grievance procedure or whichever is later.

The formal grievance shall be filed with the City Administrator or his designated representative. If the grievance is against the City Administrator, the President of the City Council shall be notified and the investigation if required will be performed by an outside agency.

If the employee is to be represented by anyone other than himself or herself, the employee shall file written notice designating the representative along with the formal grievance. The City Administrator has the absolute discretion to render a decision on the formal grievance with or without an interview. During the interview process if applicable) as conducted by the City Administrator, the employee may bring in a witness of his or her choice who would be able to respond to the circumstances leading to the grievance.

Within ten (10) calendar days after receipt of gricvance or the interview with the grievant, the City Administrator shall issue a written decision concerning the formal grievance.

Personnel Policies

EXHIBIT "B" PAGE 4
Sick leave shall not be used to provide extra time off or weekends. The hours of sick leave used shall be de-
long lucted from the emplovees accumulated sick leave balance.

SECTION 15: PROOF OR LiNES is on sick leave shall be required to pro- employee
vide the Personnel Officer with an explanation and nature of illness or reason for such sick leave. An employee who leave for three (3) days or more for an illness
is on sick
is required to obtain a Doctor's work release, which shall be presented to the Personnel Officer and placed in his personnel file.

SECTION 16: DEPLETION OF SICK LEAVE:

An employee who uses all his accumulated sick leave (plus any unused vacation or compensatory time) for one of
sick leave described policy shall be
Personnel deemed to be on medical leave of absence without pay.

Officer may recommend and the City Council may
medical leave of absence, not to exceed thirty
If further leave is not granted, the
(30) calendar days.
employee's service with the City shall be considered termi- nated.

SECTION 17: SICK LEAVE FOR FAMILY ILLNESS. An employee may use up to one full day of accrued sick a medical emergency due
leave • calendar year for
either to illness or accident of a member of his immediate family.

SECTION 18: LEAVE OF ABSENCE.

The City Council may grant a permanent employee a six (6) month leave of absence without pay, not to exceed one (1) No leave without pay shall be granted except upon
year. When granted, such leave
written request of the employee.
shall be in writing and signed by the Personnel Officer and an
a copy filed with the City Clerk. Upon expiration of
leave without pay, the employee shall be rein-
stated in the position held at the time leave was granted.

Failure on the part of the employee on leave to report
for discharge.

An only yee who into a case type of leave without pay shall (vacation, sick leave, holiday pay,
shall be required to personally pay
"insurance coverage if continuation
SECTION 19% BEREAVEMENT LEAVE.
with approval of the Personnel Officer
able against his sick leave or vacation to attend the fu- take up to three (3) days of bereavement leave not charge- neral or memorial services for a member of his immediate family.
4 ( EXHIBIT "B" PAGE 5
SECTION 20: ATTENDANCE•
Employees shall be in attendance at their work in accor- dance with department rules regarding hours of work, holi- days and leaves. All departments shall keep daily atten- dance records of all employees which shall be reported to the City Clerk in the form and on the dates he shall spec- ify.

SECTION 21: HOLIDAYS.

The City of Maricopa will observe the following eleven
Holidays, until changed by City Council resolution.

New Year's Day,
The Third Monday in January, known as "Dr. Martin Luther King, JI." Day.

The Third Monday in February, known as President's Day.

The Last Monday in May, known as Memorial Day,
Independence Day
The First Monday in September, known as Labor Day,
Day,
Thanksgiving Day, and the Day After Thanksgiving Day,
The Day Before Christmas Day and Christmas Day
If a holiday falls on saturday, the holiday will be ob- served on the preceding Friday. When a holiday falls on Sunday, the holiday will be observed on the following Mon- a recognized holiday falls during an employees vaca-
ore regular day off, excluding Saturday and Sunday,
shall receive another day off with pay. No employees
shall be permitted to work a holiday and use a regular work day in lieu.

SECTION 23: RESERVED. (Holidays - Police Dept/Shift Employees) SECTION 24: JURY DUTY.

Employees required to report for jury duty on a scheduled work day shall be granted leave of absence from their as- signed duties and shall receive their regular compensation from the City.

SECTION 25: DISCRIMINATION. amended,
with Disabilities Act of 1990, as
Americans
protects qualified applicants and employees with disabili- ties from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, and other aspects
of employment, including accommodations that do not impose undue hardships.
5 EXHIBIT "B" PAGE 17.

Administrator.

2. the regular payday following
termination and upon written clearance of the department concerned stating that said employee has returned all "identilication card, keys, city owned tools, clothing,
and equipment assigned to him ox her.
3+ The method of distributing payroll checks shall be
established by the city Administrator.

P. B'ANDARD TOR PERIORE:

The standard. work day for regular employees shall be eight hours and the standard work week shall be forty hours, to be worked within five consecutive days. the work day tor part- time employees shall be established and direotad by the Department Head and will be less than forty (40) nouxs per week.

9. I*ME INTERVALS FOB BUBERQUENT BALARY DECREASEE:

In the event an employee's job is reclassitied to a lower paying classification or his salary is reduced because of inability to meet the standards for a current salary step, the subsequent salary increases as same time intervals for
unless special review considerations are established at the indicated in the Employee Job Classification Plan shell apply, time of the salary dearease;
CHAPTER 5 - STATEMENT OF POLICY - BICK LEAVE
A. STATENENT OF POLICY:
sick leave must be used for the following purposes only:

Employee 112ness, medical ox dental appointments;
• Illness of immediate famlly members;
Death in family. (See Bereavement: (Compassionate) Leave)

3. at desaribed in the city' g

4. Family eare medical leave,
Family Care Medical Leave Policy set forth in Chapter 7). compensatory time way not be
Acoumulated vacation
substituted for sick leave unless approved by Department dead and city Administrator.
-27-
EXHIBIT "B" PAGE 18

ACCHMULAZIONS
Unused sick leave may be accumulated to a maximumitotal of work days or hours. No employee shall
Feceive pay in lieu of sick leave under any arounstances, and employees will not receive pay for unused sick leave on termination of employment.

Siok leave will be used for bereavement leave up to three days or 24 hours. Bereavement leave may be granted to a regular employee by the respective Department Head in the event of a death in the employee's inmediate family. For the purposes of this section only, the employee's
father-in-law,
sister-in-law. or a alose relative if residing in the
household of the employee.

2. Requests for bereavement leave in excess of three days for this purpose shall be subject to approval of the City Administrator and will be charged to accumulatea sicK
leave.

D. DEE. AND DEDUGTZONE OF BION MAYE:

Unleas otherwise provided, sick leave Vill be deducted as Iф11ows:

1. Reqular Employees: Regular employees shall be charged sick leave at the rate of elght hours of sick leave for each full day absent. Unless exceptions are approved by the City administrator, absence less than a ful. day will be charged sick leave at the rate of one hour siok leave When Illness Occurs on a Holiday: Any employee scheduled to work on a holiday who reports off siak will be charged sick leave at the appropriate rate and the holiday will be accrued. Employee nust notify the Department Bead
within twenty-four hours upon returning to duty.

3. Enployee Thinesg: Sick leave may be used as needed and approved, to the point of depletion, at which time the
employee will no longer receive pay for sick leave. Sick Leave will not be granted for illness during any leave of : absence other than sick leave, with one exception: An 11iness or injury occursed while on vacation leave may be covered by #jok leave when such illness or injury causer 15 Be as on tasted. the emploves to be hospitalized.
=18-
Agenda Item "C"

AGENDA ITEM
TITLE: Review/Discuss/Provide Direction Re Proposed Ordinance Amending Chapter 17.10.90 of the City of Maricopa Zoning Ordinance Relating to Fences and Walls
PROPOSED BY: Eric G. Ziegler
MEETING DATE: November 18, 2025

RECOMMENDATION
Review/Discuss/Provide Direction Re Proposed Ordinance Amending Chapter 17.10.90 of the City of Maricopa Zoning Ordinance Relating to Fences and Walls

BACKGROUND
Attached hereto as Exhibit A and Exhibit B respectively are two versions of a proposed Ordinance Amending Chapter

17.10.90 of the City of Maricopa Zoning Ordinance Relating to Fences and Walls.

This matter was briefly mentioned near the conclusion of the October 21 City Council meeting at which time the City Attorney distributed copies of both versions to council members for informational purposes.

The two versions of the ordinance are identical except for the text of the bold print in Section 2 of each version.

In Exhibit A, allowable front yard fences and walls are limited to a maximum 48 inches in height. it also requires that fences higher than 40 inches be constructed of chain link or wrought iron sp that there is open visibility into the front In Exhibit B, allowable front yard fences and walls are limited to a maximum 48 inches in height. Note that this version does not restrict or require the use of specific fencing materials such as corrugated metal, salvage utility cable spools or similar materials.

Staff recommends that Council Review/Discuss/Provide Direction Re Proposed Ordinance Amending Chapter

17.10.90 of the City of Maricopa Zoning Ordinance Relating to Fences and Walls.

Staff suggests that Council may wish to consider the issue of fencing materials permitted in the city to reduce unsightly fencing in the city.

City Adm.

Approval FISCAL IMPACT:
$
Funds Budgeted: Yes No L Amount Required
Eric G. Ziegler
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
..... •
EXHIBIT "A"
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF MARICOPA AMENDING CHAPTER 17.10.90 OF

THE CITY OF MARICOPA ZONING ORDINANCE CODE RELATING TO FENCES

AND WALLS
WHEREAS, the City Council finds that objective standards for fence and wall height, materials, and placement are necessary to ensure public safèty, aesthetic consistency, and equitable application of zoning laws;
The City Council of the City of Maricopa does hereby ordain as follows:

SECTION I. PURPOSE
The purpose of this ordinance is to clarify and update regulations governing the height and placement of fences and walls within residential and commercial zones, ensuring consistency with safety, aesthetic, and privacy standards.

SECTION 2. AMENDMENT
Amend language to Section 1, (a) to revise maximum allowable fence and wall heights as follows:
"In any required front yard or street side yard of a reversed corner lot, a wall or fence shall not exceed 48 inches in height. Fences in the front yard shall either be chain- yark or wrought iron if over 40 inches in height so that there is open visibility into the front SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid, the remainder shall not be affected.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect 30 days after adoption / upon publication / as otherwise provided by law,
PASSED AND ADOPTED this -or _ 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: CITY OF MARICOPA
Meghan A. Wilson, City Clerk Cory Morse, Mayor
APPROVED AS TO FORM:

Alan Peake, City Attorney
EXHIBIT "B"
ORDINANCE NO.

ANORDINANCE OF THE CITY OF MARICOPA AMENDING CHAPTER 17.10.90 OF THE

CITY OF MARICOPA ZONING ORDINANCE CODE RELATING TO FENCES AND WALLS
WHEREAS, the City Council finds that objective standards for fence and wall height, naterials, and placement are necessary to ensure public safety, aesthetic consistency, ans quitable apolication of zoning laws
The City Council of the City of Maricopa does hereby ordain as follows:

SECTION 1. PURPOSE
The purpose of this ordinance is to clarify and update regulations governing the height and placement of fences and walls within residential and commercial zones, ensuring consistency with safety, aesthetic, and privacy standards.

SECTION 2. AMENDMENT
Amend Chapter 17.10.90 FENCES AND WALLS Section 1. (a) to revise maximum allowable fence and wall heights as follows:
"In amy required front yard or side street of a reversed corner lot, a wall or fence shall not exceed (48) inches in height."
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid, the remainder shall not be affected.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect 30 days after adoption / upon publication / as otherwise provided by law.

PASSED AND ADOPTED thi.._. _ of _, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: CITY OF MARICOPA
Meghan A. Wilson, City Clerk By: Cory Morse, Mayor
APPROVED AS TO FORM:

Alan Peake, City Attorney
Agenda Item "D"

AGENDA ITEM
THIE: Root on CorRe Rap mentort bean to Marico Sian Immediady Adjecont PROPOSED BY: Eric G. Ziegler
MEETING DATE: November 18, 2025

RECOMMENDATION
Review/Discuss/Provide Direction Re Replacement of the Welcome to Maricopa Sign Immediately Adjacent to the Maricopa Community Church at the corner of Kern Street and Hwy 33.

BACKGROUND
Item is placed on the agenda at the request of Mayor Pro Tem Virgil Bell, who will provide information to the council for consideration.

City Adm.

Approval FISCAL IMPACT:
$
Funds Budgeted: Yes No... Amount Required
Eric G. Ziegler
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance