McFarland City Council
May 9, 2024

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(5)
INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR EACH

MAJOR FEDERAL PROGRAM, REPORT ON INTERNAL CONTROL OVER

COMPLIANCE, AND REPORT ON THE SCHEDULE OF EXPENDITURES

OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE
Honorable City Council
City of McFarland
McFarland, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of McFarland, California's (the City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2023. The City’s major federal programs are identified in the summary of auditors’ results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2023.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditors’ Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Honorable City Council
City of McFarland
(6)
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.

Auditors’ Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Honorable City Council
City of McFarland
(7)
Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditors’ Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the internal control over compliance findings identified in our audit described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Honorable City Council
City of McFarland
(8)
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We have issued our report thereon, dated March 20, 2024, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements.

The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

CliftonLarsonAllen LLP
Roseville, California
March 20, 2024

CITY OF MCFARLAND

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
YEAR ENDED JUNE 30, 2023
See accompanying Notes to Schedule of Expenditures of Federal Awards. (9)
Federal
Assistance Pass-Through Total Passed
Federal Grantor/Pass-Through Grantor/ Listing Entity Identifying Federal Through to Program/Cluster Title Number Number Expenditures Subrecipients U.S. Department of Agriculture
Direct Programs:

Community Facilities Direct Loan and Grant Program 10.766 N/A 747,910 $ - $ Subtotal - Community Facilities Loans and
Grant Cluster - 747,910
Total U.S. Department of Agriculture 747,910 -
U.S. Department of Housing and Urban Development
Passed-Through State of California Department of
HOME Investment Partnership Program
(Outstanding Loans) 14.239 N/A 709,906 -
Total U.S. Department of Housing and
Urban Development - 709,906
U.S. Department of Justice
Direct Programs:

Public Safety Partnership and Community
Policing Grants 16.710 N/A 483,061 -
Total U.S. Department of Justice - 483,061
U.S. Department of Transportation
Passed-Through the State Department
of Transportation:

Highway Planning and Construction 20.205 CMAQ-8405 1,680 - Highway Planning and Construction 20.205 H8-06-012 21,460 - Subtotal - Highway Planning and
Construction Cluster - 23,140
Formula Grants for Rural Areas and Tribal Transit Program 20.509 N/A 43,946 - Total U.S. Department of Transportation 67,086 -
U.S. Department of Treasury
Passed-Through the State Department of Finance
COVID-19 Coronavirus
State and Local Fiscal Recovery Funds 21.027 N/A 1,111,875 - Subtotal - Assistance Listing Number 21.027 1,111,875 - Total U.S. Department of Treasury - 1,111,875
Total Expenditures of Federal Awards 3,119,838 $ - $

CITY OF MCFARLAND

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
JUNE 30, 2023
(10)
NOTE 1 BASIS OF PRESENTATION
The accompanying schedule of expenditures of federal awards (the Schedule) presents the activity of all federal awards programs of the City of McFarland (the City) for the year ended June 30, 2023. The information in this Schedule is presented in accordance with the requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, or cash flows of the City.

NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance for all awards. Under these principles, certain types of expenditures are not allowable or are limited as to reimbursement. Therefore, some amounts presented in the Schedule may differ from amounts presented in, or used in the preparation of, the financial statements.

NOTE 3 ASSISTANCE LISTING NUMBERS
The program titles and Assistance Listing Numbers were obtained from the federal or passthrough grantor.

NOTE 4 INDIRECT COST RATE
The City did not elect to use the 10 percent de minimis indirect cost rate as covered in 2 CFR §200.414.

NOTE 5 PASS-THROUGH ENTITIES’ IDENTIFYING NUMBER
When federal awards were received from a pass-through entity, the Schedule shows, if available, the identifying number assigned by the pass-through entity. When no identifying number is shown, the City determined that no identifying number is assigned for the program or the City was unable to obtain an identifying number from the pass-through entity.

CITY OF MCFARLAND

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
JUNE 30, 2023
(11)
NOTE 6 LOANS WITH CONTINUING COMPLIANCE REQUIREMENTS
The City offers property rehabilitation and first-time home buyer loans to eligible individuals as part of its HOME program. The loans have continuing compliance requirements and therefore the outstanding balances are reflected on the Schedule. No new loans were issued during the fiscal year ended June 30, 2023.

Loans with
Assistance Continuing
Listing Outstanding Compliance
Number Federal Program Loans Requirements

10.766 Community Facilities Direct Loan and Grant Program 747,910 $ 747,910 $

14.239 Home Investment Partnership Program 709,906 709,906

CITY OF MCFARLAND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
YEAR ENDED JUNE 30, 2023
(12)
Section I – Summary of Auditors’ Results
Financial Statements

1. Type of auditors’ report issued: Unmodified

2. Internal control over financial reporting:
 Material weakness(es) identified? x yes no
 Significant deficiency(ies) identified? x yes none reported

3. Noncompliance material to financial
statements noted? yes x no
Federal Awards

1. Internal control over major federal programs:
 Material weakness(es) identified? yes x no
 Significant deficiency(ies) identified? yes x none reported

2. Type of auditors’ report issued on
compliance for major federal programs: Unmodified

3. Any audit findings disclosed that are required
to be reported in accordance with
2 CFR 200.516(a)? x yes no
Identification of Major Federal Programs
Assistance Listing Number(s) Name of Federal Program or Cluster

21.027 COVID -19 Coronavirus State and Local Fiscal
Recovery Funds

16.710 Public Safety Partnership and Community
Policing Grants
Dollar threshold used to distinguish between
Type A and Type B programs: $ 750,000
Auditee qualified as low-risk auditee? yes x no

CITY OF MCFARLAND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
YEAR ENDED JUNE 30, 2023
(13)
Section II – Financial Statement Findings
2023 – 001 Unavailable Revenue
Type of Finding: Material Weakness in Internal Control over Financial Reporting Condition: During our audit, we noted revenue was overstated and unavailable revenue was understated by $2,105,832 in the General Fund.

Criteria or specific requirement: Unavailable revenue and the associated revenues should be recorded in the period they are determined to be recognizable in accordance with generally accepted accounting principles (GAAP).

Effect: Revenue was overstated and unavailable revenue was understated by $2,105,832 in the General Fund.

Cause: Certain accruals were not identified and captured as part of the year end close process.

Repeat Finding: This is not a repeat finding.

Recommendation: The City should provide additional training to departments and staff on revenue recognition in accordance with GAAP.

Views of Responsible Officials and Planned Corrective Actions: There is no disagreement with this finding. The Finance Department will establish written procedures for reconciliations of all major accounts which are to be completed the end of each month and fiscal year.

CITY OF MCFARLAND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
YEAR ENDED JUNE 30, 2023
(14)
2023 – 002 Accounts Receivable
Type of Finding: Significant Deficiency in Internal Control over Financial Reporting Condition: During our audit, we noted accounts receivable and revenue were understated by $134,388 in the General Fund for conditional use permits and SRO funding. Accounts receivable and revenue were also understated by $27,025 in the Gas Tax Fund for highway user tax funding. Accounts receivable and revenue were also understated by $28,397 in the Road Fund for road rehabilitation funding.

Criteria or specific requirement: Accounts receivable and the associated revenues should be recorded in the period they are determined to be recognizable in accordance with generally accepted accounting principles (GAAP).

Effect: The following are misstatements detected as a result of audit procedures that are within the City’s financial statements:

Accounts receivable and revenues were understated by $134,388 in the General Fund for conditions use permits and SRO funding.

Accounts receivable and revenue were understated by $27,025 in the Gas Tax Fund for highway user tax funding.

Accounts receivable and revenues were understated by $28,397 in the Road Fund for road rehabilitation funding.

Cause: Certain accruals were not identified and captured as part of the year end close process.

Repeat Finding: This is a repeat finding from the prior year (2022-003).

Recommendation: The City should provide additional training to departments and staff on revenue recognition in accordance with GAAP and include additional procedures during the year end closing process to capture all year end accruals.

Views of Responsible Officials and Planned Corrective Actions: There is no disagreement with this finding. The Finance Department will establish written procedures for reconciliations of all major accounts which are to be completed the end of each month and fiscal year.

CITY OF MCFARLAND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
YEAR ENDED JUNE 30, 2023
(15)
2023 – 003 SEFA Preparation
Type of Finding: Significant Deficiency in Internal Control over Financial Reporting Condition: The City made adjustments to the SEFA for the following program: ALN #20.509 Formula Grants for Rural Areas Program.

Criteria or specific requirement: The City's responsibility per the Uniform Guidance, Section 200.508 Part B, is to "prepare appropriate financial statements, including the Schedule of Expenditures of Awards (SEFA)". This includes determining the correct amount of expenditures that need to be reported for the Schedule of Expenditures of Federal Awards.

The SEFA, while not part of the Basic Financial Statements, is audited in relation to the basic financial statements, in accordance with the requirements of the Uniform Guidance. The Uniform Guidance requires auditors to determine major programs and perform risk assessments based on information reported on the SEFA.

Effect: During our review of the preliminary SEFA and testing over the major programs, we noted the City omitted the entire Formula Grants for Rural Areas Program from the SEFA which amounted to $43,946 in federal expenditures.

Cause: Expenditures related to the program were not included on the SEFA through the City's process of compiling the SEFA.

Repeat Finding: This is a repeat finding from the prior year (2022-005).

Recommendation: We recommend the City provides additional training to the departments to understand their grant reporting requirements.

Views of Responsible Officials and Planned Corrective Actions: There is no disagreement with this finding. The City will provide additional training to individuals responsible for grant reporting requirements.

CITY OF MCFARLAND

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED)
YEAR ENDED JUNE 30, 2023
(16)
Section III – Findings and Questioned Costs – Major Federal Programs Our audit did not disclose any matters required to be reported in accordance with 2 CFR 200.516(a).

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April 11, 2024
City of McFarland
Presentation of Audit Reports
June 30, 2023

©2021 CliftonLarsonAllen LLP
Agenda
• Purpose of our Audit
• Summary of Audit Results by Engagement
• Required Audit Communication to Governance
• Recent Governmental Accounting Standards Board (GASB) Pronouncements

2 ©2021 CliftonLarsonAllen LLP
Purpose of Our Audit
• Express opinions providing reasonable, but not absolute, assurance whether the City’s financial statements are free from material misstatement whether due to fraud or error

3 ©2021 CliftonLarsonAllen LLP
Summary of Audit Results by Engagement
Engagement Opinion on Financial
Statements
Audit Findings
City Financial Statements Unmodified -1 Material weaknesses identified
- 2 Significant deficiencies
-No instances of
noncompliance

4 ©2021 CliftonLarsonAllen LLP
Summary of Audit Results by Engagement (continued)
Engagement Opinion on
Compliance over
Major Federal
Programs
Opinion on I/C
over Major
Federal
Programs
Audit Findings
Single Audit Unmodified Unmodified None Reported

5 ©2021 CliftonLarsonAllen LLP
Summary of Audit Results: Recap of Findings
Engagement Type Account Condition Recommendation
Financial
Statements
MW
2023-001
Unavailable
revenue and
revenue
During our audit, we noted that revenues
that were earned during FY 2023, but not
received in cash during the availability period
were not properly reclassified to unavailable
revenue.

Establish procedures for comparing revenues
reported to amounts earned during the availability
period and perform reclassifications as necessary.

Financial
Statements
SD
2023-002
Accounts
Receivable
During our audit, we identified several
transactions that should have been recorded
as revenue and receivables at June 30, 2023.

Compare receivables balance to cash collections to
ensure that the City’s receivable balance is
complete.

Financial
Statements
SD
2023-003
Schedule of
Expenditures
of Federal
Awards
(SEFA)
During our audit, it was identified that the
City initially omitted a program from the
SEFA
Provide training to the City departments to identify
federal programs and ensure that all expenditures
of federal programs are included on the SEFA.

6 ©2021 CliftonLarsonAllen LLP
Required Audit Communication
Matter to be Communicated Auditors’ Response
Accounting Policies • Significant accounting policies are described in Note 1. • No new accounting policies and no significant changes.

Accounting Estimates • No significant estimates identified.

Corrected Misstatements • Various adjustments related to cash, lessees, revenues and expenditures.

Disagreements with Management • No disagreements with management Consultations with Other Accountants • No consultations with other accountants

7 ©2021 CliftonLarsonAllen LLP
Required Audit Communication (continued)
Matter to be Communicated Auditors’ Response
Fraud and Illegal Acts • None identified
Significant Difficulties Encountered During the Audit • None identified Other Information in Documents Containing Audited Financial Statements
• Communicated responsibilities with respect to required supplementary information (RSI), supplementary
information (combining fund statements and the schedule of expenditures of federal awards (SEFA)
Management Representations • Management provided us with a signed copy of the management representation letter upon completion of each engagement

8 ©2021 CliftonLarsonAllen LLP
Recent Governmental Accounting Standards Board
(GASB) Pronouncements
9 Standard Applicable year Expected Impact
99- Omnibus 2022 2024 Not significant
100- Accounting for Changes and Error
corrections
2024 Not significant
101- Compensated Absences 2025 Moderate
102- Certain Risk Disclosures 2025 Not significant

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11 City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: May 9, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan, Human Resources Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-59 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING THE TUITION

ASSISTANCE PROGRAM POLICY
SUMMARY:

The City of McFarland recognizes the importance of continuous professional development and education of its employees to enhance their skills and contributions to the city's operations.

The proposed Tuition Assistance Program Policy aims to support employees who wish to pursue educational programs that are aligned with their professional roles within the city.

The Tuition Assistance Program Policy provides financial support to employees enrolled in educational programs. This initiative is designed to encourage employee development and retention, aligning personal growth with our strategic goals. Here are the key provisions of the agreement:

1. Financial Assistance:
• Degree-Related Expenses: The City will reimburse 50% of tuition and related costs for degree-oriented programs, up to a maximum of $2,500 per fiscal year. • Non-Degree Related Expenses: The City will provide up to $2,500 per fiscal year for courses and certifications that are not part of a degree program but are relevant to the employee's job functions.

2. Employee Obligations: Employees are required to:
• Successfully complete the courses or programs funded. • Remain employed with the City for a specified period after receiving assistance or repay the provided funds with interest if they leave earlier.

3. Eligibility and Application Process:
• All full-time employees who have completed their probationary period are eligible. • Applicants must submit a formal request along with documentation from the educational institution outlining the program costs and relevance to their job.

FINANCIAL IMPACT:

There will be no financial impact by adopting this program. If educational expenses are approved and additional funds are necessary to cover costs, the impacted department will propose a budget adjustment to address the shortfall.

RECOMMENDATION:

Staff recommends that the City Council approve the Tuition Assistant Agreement as outlined in this report. This program is a strategic investment in our workforce that will build capacity and promote long-term retention of skilled employees.

ATTACHMENTS:

1. City of McFarland Tuition Assistance Program Policy

2. City of McFarland Tuition Assistance Agreement

3. City of McFarland Tuition Assistance Application

RESOLUTION NO. 2024-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING

THE TUITION ASSISTANCE PROGRAM POLICY
WHEREAS, the City of McFarland recognizes the importance of continuous education and professional development of its employees to enhance their skills and contributions to the city; WHEREAS, the proposed Tuition Assistance Program Policy aims to support employees pursuing educational programs that align with their professional roles and the city’s strategic goals; WHEREAS, the Tuition Assistance Program Policy provides financial assistance for degreerelated and non-degree-related educational expenses, thereby promoting employee development and retention;
WHEREAS, the staff report dated May 9, 2024, recommends approval of the Tuition Assistance Program Policy based on its alignment with the city’s long-term strategic goals and fiscal responsibility;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland hereby finds and determines as follows:

1. The foregoing recitals are true and correct.

2. The City Manager is hereby authorized to execute all documents necessary to implement the Tuition Assistance Program Policy, as presented in Attachment "A."

3. The Human Resources Department shall administer the Tuition Assistance Program Policy, ensuring compliance with the terms of the agreement and reporting on its impact to the City Council annually.

4. This resolution shall take effect immediately upon its passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on May 9, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon

Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

City of McFarland’s
Tuition Assistance Program Policy
Purpose
The purpose of the education assistance program is for workforce planning and development. It provides a tool for employees to receive support for academic activities that directly relate to the City of McFarland’s (hereinafter “City”) business, and which support the mission, vision, and values of the City. The educational assistance program is not an employee benefit, right or entitlement; it is a program for workforce development. Denial of participation in the educational assistance program is not grievable, except on grounds of discrimination.

The education assistance program provides payment of academic costs if funds are available, and/or time off the job if the course is available only during working hours and City resources and personnel allow for such time off.

Eligibility
Permanent employees, regularly scheduled 40 hours or more per week, and probationary, temporary and/or trainee employees, after satisfactory performance for a period of not less than six months, as determined by management.

Selective Service Registration: NCGS 143B-421.1 requires those eligible for selective service to be registered in order to be reimbursed academic costs. The federal Selective Service law specifies that males, both US citizens and immigrant aliens residing in the US and its territories, ages 18 through 25, shall register with the Selective Service.

Origination of Request
Requests for educational assistance may be initiated by the employee or management.

Employees may initiate requests for educational assistance to:
- Maintain/enhance current skills; and
- Develop new skills/competencies for career development within the City.

Management may initiate requests for educational assistance to:
- Ensure employees have mandated licensure or certification; - Address a shortage of skilled workers in specific classifications; - Develop a pool of employees for succession planning;
- Build specific high priority skills; and
- Address performance expectations of the employee as specified on the performance management improvement plan.

Job-related degrees and corresponding non-work related courses within a degree program may be approved at the discretion of management.

Academic Sources and Approved Courses
A. Academic Courses
Academic courses are defined as a course/degree provided by an accredited GED program, community college, undergraduate college, technical or vocational training, adult education or university. Academic courses/degrees provided through traditional classroom, video-based, distance learning, web-based, e-learning and certain correspondence courses (see Ineligible Sources below) are eligible for approval. The course must provide academic credit or continuing education credit, be listed in the college/university course catalog and charge tuition in the traditional meaning of tuition (as opposed to only registration fees).

B. Approved Courses
Management, when making the determination whether to provide educational assistance to take a specific course, must consider the basic principle: “deemed beneficial to both the City and the employee.”
Completion of the course should have a direct benefit to the City. The improved knowledge, skills and abilities gained by the employee should benefit the individual in completion of his/her current and/or potential job duties. Management should consider workforce planning, succession planning and career development in approving employees to receive educational assistance.

Guidelines to consider in course selection are:
- Courses which provide knowledge and skills directly related to maintaining or improving current job skills;
- Courses mandated by law or regulation as a job requirement for continued employment; and
- Courses directly related to the employee’s current job or a documented workforce need.

When approving courses, management must consider workforce planning in developing employees who demonstrate the ability to perform at a higher level of responsibility. Hard to recruit classifications are areas in which an employee could be approved to take courses outside his/her current classification level to meet future work needs. Examples of this are:
- Technicians working on a college degree to fill professional engineering positions; or employees participating in a licensing program, such as those related to Wastewater Treatment; or
- Courses included in an academic program, which are necessary to complete a management approved degree program.
- Educational assistance shall not be approved for courses where management has determined that neither the course, nor degree is of benefit to the City.

The City’s City Council may approve exceptions to the approved course policy.

C. Audited Courses
Academic courses which are audited are eligible for educational assistance; however an employee may receive tuition assistance for the same course or course equivalent only once. Payment of education expenses requires a statement written on school letterhead and signed by the instructor that the employee attended at least 85% of the scheduled class meetings during the academic term.

D. Certification/Licensing (Post-Employment)
Incumbent employees who meet minimum educational requirements for employment and for whom certification/licensing is required after employment or is deemed desirable by management are eligible for educational assistance under the following conditions:
- Certification/licensing is mandated or is a policy requirement of the City. - Educational assistance is authorized for certification or licensing only if the certification or license is attained via academic course work.

Tuition Assistance
A. Academic Costs
Eligible employees approved for educational assistance shall receive assistance in paying their academic costs charged by the academic source at which the employee is enrolled. Academic costs are defined as charges assessed by an academic source to every person enrolling for the course. These charges are required of everyone and are neither negotiable nor discretionary for the individual enrolling in the course. Academic costs include in-state tuition, fees and course/lab fees. Course/lab fees must always be itemized. Payment of course/lab fees may require a written statement from the academic source justifying the fee as a required fee in addition to other fees.

B. Amount of Assistance
Eligible employees may receive assistance for academic costs charged by the academic source where enrolled. The City may pay for all academic costs as specified in the paragraph “Academic Costs,” or only tuition and other academic-related fees, but not fees unrelated to registering for a course or a degree program, such as dorm, student union construction, athletic fees, student health service, cultural event fees, etc.

The City may also, with a bona fide business justification, reduce the amount of payment per employee to a set amount less than the tuition and fees and/or limit the number of courses for which any one employee may be reimbursed in an academic term.

The City, if choosing to pay for an amount less than the academic costs specified in the paragraph “Academic Costs” shall make this information available to all employees at the beginning of the fiscal year and apply this limitation in a fair and equitable manner to all employees requesting educational assistance in that fiscal year. (See also “Reimbursement without Department Funds” section below.)
For study at accredited GED programs and California State University institutions or the institutions of the California Community College System, eligible employees may be reimbursed for 50% or up to $2,500 of academic costs for up to 90 semester credit hours or 45 quarter credits for a two-year program.

For study at all academic institutions other than California State University institutions and institutions of the California Community College System, eligible employees may be reimbursed up to the maximum academic cost charged by California State University institutions for up to 180 credit hours (or 120 quarter hours per fiscal year). Payment of tuition and fees from out-of-state colleges/universities shall not exceed the amount as specified above.

a. Special Graduate Programs - Graduate professional programs with unusual course/lab fees, tuition or other fees will be considered on a course-by-course basis.

The City’s City Council may approve payment of these academic costs.

C. Non-reimbursable Expenses
Reimbursement shall NOT be made for:
- Application, examination, and graduation fees;
- Transportation costs; or
- Supplies.

D. Other Financial Assistance
Financial assistance from any other financial aid program shall not be duplicated under this program. (If eligible for Tuition Waiver and/or Student Fee Waiver, the employee must apply these programs first.) However, the difference, if any, between such aid and the allowable costs under the Educational assistance program may be reimbursed.

E. Tax Status
Congress enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 which allows an employer to offer its employees up to $5,250 in tax-free (job related and non-job-related) educational assistance for undergraduate and graduate level courses begun after December 31, 2001.

F. Requirement for Assistance
Management may consider any current disciplinary action for job performance or personal conduct prior to approval of the application for education assistance.

If funds are available, the applicant shall receive education assistance of approved academic costs upon submitting evidence of acceptance to a pre-approved course. Employee must complete approved academic courses or must reimburse the City for those costs the City paid. Completion is defined as “Satisfactory,” “Pass,” or a grade of “C” or better for GED classes or undergraduate courses, and a “B” (“P”) or better for graduate courses.

G. Employee Separations
In the event Employee voluntarily quits his or her employment with the City or the City terminates Employee “for cause” prior to the employee completing the required number of years of continued employment by the employer, as stated in the employee’s tuition assistance agreement, Employee shall immediately pay, without demand, an amount equal to that installment payment and all later installment payments, with accrued interest at the rate of 10% per year (“Tuition Repayment Obligation”) on a prorated basis. As used in this Agreement, “for cause” means any material misrepresentation, theft or fraudulent act toward the City, any other employee or any client of the City.

H. Courses Taken “At the City’s Request”
Because of specific high priority skill needs of certain job classifications at the City, management may require employees to take specific courses or degree programs “at the City’s request.” Under these circumstances, the following applies:

- All limitations under the provisions of this policy are waived. Employees are still responsible for requirements for withholding taxes and FICA. - All expenses to the individual shall be reimbursed related to acquiring the necessary course or degree, to include: travel costs; examinations and administrative fees; textbooks and other course materials. (Any books or materials paid for by the City become the property of the City.)
Leave
An approved course should be taken on the employee’s own time. If a course can be taken only during working hours, eligible employees must request Educational Leave prior to the beginning of the course, allowing sufficient time for the educational assistance request to be reviewed.

Educational Leave may be granted unless the City’s City Council and/or City Manager identifies work conditions that will not permit the employee to be absent from the job. The City’s management are encouraged to develop alternate work arrangements to complete the work assignments and also grant Educational Leave. Reasonable travel time as determined by the supervisor may be permitted to attend approved courses.

The City may approve Educational Leave, and, if approved, Educational Leave shall not be charged to the employee’s vacation leave.

Educational Leave during work hours shall not exceed one course up to five hours academic credit per academic term. Exceptions to the leave restriction may be addressed using the Educational Leave with Pay provisions of this policy.

A. Extended Leave Situations
Courses taken at the City’s request that exceed the credit hour per fiscal year limitation must follow the Extended Educational Leave policy.

B. Extended Educational Leave
The City may provide leave with pay or leave without pay for certain types of academic courses.

The references to these specific policies are set out below.

C. Educational Leave Without Pay
Extended Educational Leave without pay may be granted by the City’s City Council in accordance with the normal Leave Without Pay Policy.

D. Educational Leave With Pay
Extended Educational Leave with Pay is allowed only with advance approval of the City’s City Council. Justification for the paid leave must be attached to the Educational Assistance Application at the time of pre-approval (see “Application Procedures” section below).

Any employee (permanent, probationary, trainee or time-limited) may be considered for extended Educational Leave to participate in job or career-related work-study, scholarship or fellowship programs based upon the following criteria:
- Verification that both labor market and organizational needs exist for development in the program requested.

- Equal opportunity provided in selection of candidates.

Employees are informed of the City’s policies and procedures regarding:
- Announcement and application procedures,
- Screening and selection of employees,
- Limitations and restrictions on academic courses,
- Leave, salary, benefit conditions, withholding taxes and FICA, and - Education assistance payment agreement
Requests for extended Educational Leave initiated by the employee and which do not meet with the above criteria will be administered according to the Leave without Pay Policy.

Maintaining Records
The City is responsible for retaining records, on a fiscal year basis, of educational assistance activity. This information shall be reported annually to the City’s City Council and shall include the following:
- Number employees participating in the program,
- Amount (tuition and fees) paid,
- Number employees granted Educational Leave,
- Number employees taking courses at the City’s request - Number employees granted extended education leave,
- Number of employees taking courses for mandated/required certification/licensing Application Procedures
A. Pre-Approval (Part I of the Educational Assistance Application) Deadline: Educational Assistance Application must be approved prior to the start date of the course.

1. Employee submits Educational Assistance Application to his/her supervisor.

2. The City’s Manager, Human Resources Director, and the employee’s Department Director reviews requests and makes recommendations to the City Council for approval of any contribution to the employee’s coursework.

3. Employee submits education invoice/bill from education institution.

4. The City pays the agreed upon portion of Employee’s education costs.

Questions
If you have questions regarding the Educational Assistance Program, contact the City’s Human Resources Department.

TUITION ASSISTANCE AGREEMENT
This Tuition Assistance Agreement (“Agreement”) is made on this ______day of March ___, 2024, by and between the City of McFarland, a Municipal Corporation (“City”), and (“Employee”)”). The City and Employee are collectively referred to as the “Parties” where appropriate.

RECITALS:

WHEREAS, Employee is currently an employee of the City. Employee has voluntarily applied to and been accepted into the following educational program at _____________:
name of educational program (“Educational Program”), which is expected to enhance the Employee’s skills and contributions to the City. City has agreed on the terms set forth in this Agreement, to financially assist Employee in paying tuition for this educational program. In exchange for the City’s financial assistance, Employee agrees to reimburse the City either through work (by remaining employed with the City for a specific time period as set forth in this Agreement) or by repayment (if Employee leaves before completing the agreed-upon service to the City as provided in this Agreement).

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Certification Expenses: The city agrees to pay directly or reimburse the Employee up to a total of $2,500 towards the tuition, examination fees, course fees, study materials, and related travel expenses, for the Educational Program into which the Employee has been accepted (the “Tuition Assistance”). This Tuition Assistance shall be paid in installment payments as billed by ____________________ (Name of School) for the program, subject to the city's standard policies and procedures for such expenses. For expenses related to degree programs, the City will reimburse 50% of such costs, subject to a cap of $2,500 annually per fiscal year. For non-degree related expenses, reimbursement will be provided up to a maximum of $2,500 per fiscal year.

2. Employee Obligation: Employee agrees to participate in and pursue the Educational Program to the best of his or her ability and to use reasonable efforts to complete the program. Should Employee quit the Educational Program or fail to pass the Educational Program, Employee shall immediately pay, without demand, an amount equal the Tuition Assistance amount paid, with accrued interest at the rate of 10% per year (“Tuition Repayment Obligation”) within 10 days of Employee quitting or failing to pass the Educational Program.

Tuition Assistance Agreement

3. Obligation Satisfied _______ Years After Payment. Employee will have no obligation to pay Employer for any installment payment made toward Tuition Assistance if, on the _____ annual anniversary of that installment payment (“Commitment Period”), Employee has not voluntarily quit or has not been fired “for cause.” In the event Employee voluntarily quits his or her employment with the City or the City terminates Employee “for cause” less than ____ years after any installment payment is made, Employee shall immediately pay, without demand, an amount equal to all installment payments made for the Educational Program, with accrued interest at the rate of 10% per year (“Tuition Repayment Obligation”), on a prorated basis based on the remaining time of the Commitment Period.

4. Repayment Terms: The repayment amount shall be due and payable within 10 days of the Employee's separation of employment. To the extent allowed by law, the City may, at its discretion, deduct the amount of any Tuition Repayment Obligation from any compensation due and owing to Employee at time of separation of employment from the Employee's final paycheck or any other amounts owed to the Employee by the City.

5. No Guarantee of Employment. Nothing in this Agreement constitutes a commitment or guarantee on the part of Employer to provide employment to Employee for any specific period of time or duration. Unless otherwise provided in a writing other than this Agreement, Employee’s employment shall remain “at-will.”

6. Notices. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid or by electronic mail (Email) or, if notice is given to City, if sent by confirmed facsimile, addressed as follows:

City Employee Name
City Manager, City of McFarland Employee Name
401 West Kern Avenue Employee Address
McFarland, California 93250 Employee City, Zip Code
Email: [email protected] Email: Employee Email Either party may change His/Her, or its address by providing written notice to the other party in the manner described herein.

7. No Waiver. The waiver or failure of either party to exercise, in any respect, any right provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

8. Entirety of Agreement; Amendments and Modifications Only in Writing. The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement.

There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in a writing signed by both parties.

Tuition Assistance Agreement

9. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employer and Employee agree that any action to interpret or enforce this Agreement or which arises out of this Agreement shall be brought in the Superior Court of the State of California, Kern County, or, if applicable, in the United States Federal Court for the Eastern District of California.

10. Attorneys’ Fees. If Employer or Employee brings any legal action or seeks arbitration regarding the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees from the other party, in addition to any other relief that may be granted.

11. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

12. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Employer and Employee.

Employer may assign any right or interest arising under this Agreement to any third party. This Agreement is not assignable by Employee.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective on the day and year first above written:

Dated: CITY OF MCFARLAND
By: _________________________
Saul Ayon
Title: Mayor
Dated: EMPLOYEE

Tuition Assistance Agreement
By: _________________________
Employee Name
APPROVED AS TO FORM:

By:

Nathan M. Hodges, Esq.

Hodges Law Group
City Attorney
Attachments:

Exhibit A: Educational Agreement (Job Title)

Part 1: Pre-Approval
Deadline: Part 1 of this form (Pre-Approval) must be approved by the City Manager, the Director of the Employee’s Department, and the City’s Human Resource Department prior to the first day of classes.

Employee Information
Name: Date:

First Middle Last
Phone: Position Title:

Email: Supervisor Name:

Course Information
School: ____________________________ Location: ________________________ Term:____________ Course Title: Course #(s): Credit Hours: (use additional pages if
required):

Check all
that apply:

___ Undergraduate ___ Graduate ___ Continuing Education ___ Non-Credit ___ Audit ___ Thesis/Dissertation
___ Licensure ___ Certification
___ Mandated by Law/Employer
___ Job Related
___ Not Job Related
Is this course part of your degree
program? (Circle all that apply)
If Yes, which degree?
___ Yes ___No

___ Associates ___ Bachelors ___ Masters ___ Doctorate
Employee’s regular work schedule:

Tuition Assistance Application

Course Schedule:

Is/are the course(s) available
outside the employee’s regular
work schedule?
___ Yes ___ No
Describe specifically how the course(s) contribute to (1) maintaining or improving your current job skills, (2) contribute to your professional development, and/or (3) contribute to your department or the City of McFarland as a whole (use additional pages if necessary).

Assistance Requested
Tuition $ Educational Leave
Requested?
___ YES ___ NO
Lab/Course
Fees:
$ Number of Hours per Week:

Books* $ Flexible Schedule Requested: ___ YES ___ NO
Education Costs
requested:
(must not have been
paid with other
financial awards) Total: $
* Books, if reimbursed by City of McFarland, become property of the City of McFarland.

Proposed Work Schedule/Leave Period:

Employee Certification
I certify that the information submitted on this Educational Assistance Application is accurate to the best of my knowledge. I understand that Educational assistance and Educational Leave are not an absolute right and are subject to the City of McFarland approval and operational needs. I understand that Education Assistance is conditioned upon the availability of funds, and may be reported as taxable income. Additionally, I understand that Educational Assistance is governed by City of McFarland Tuition Assistance Policy and Agreement, which will be executed by the undersigned upon approval by the City Council. I understand that approval of this application by the City Manager, Department Director, and Human Resources only constitutes pre-approval and that final approval can only be provided by the City Council of the City of McFarland.

Employee Signature: __________________________ Date: _______________________

City of McFarland Pre-Approval
Support provided by City of McFarland
Tuition $
Lab/Course $
Books $
Flexible Work Schedule ___ Yes
___ No
Educational Leave ___ Yes
___ hours/week
___ No
This Course (or degree program) will benefit both the
employee’s professional development and the City of
McFarland.

This course (or degree program) is not being taken as
a requirement from the City’s management.

Extended Educational Leave
(if requesting extended leave
with pay, attach justification for
the expense)
___ With Pay
___ Without Pay
From ______ to _______
Note: If the employee is temporary, probationary or a trainee, s/he must have completed at least six months of satisfactory performance prior to this application being considered by the City of McFarland.

Department Director: _____________________________ Date: _______________ Name: _________________________________________
Human Resources: _______________________________ Date: _______________ Name: _________________________________________
City Manager Signature: ___________________________ Date: _______________ Name: _________________________________________

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: May 9, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brian Knox, Chief of Police
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-52 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING STAFFING
CHANGES TO THE MCFARLAND POLICE DEPARTMENT.

SUMMARY:

The McFarland Police Department (MPD) has examined its staffing structure and has determined a change in the staffing structure could bring about better oversight and management of the department. Because the budget is built around the current structure, staff have determined these changes would warrant the elimination of one position within the department and adding another position. This change would give the MPD full-time supervision and allow for the use of the Corporal position to be utilized as a full-time investigator.

Currently, the MPD has a rank structure that incorporates three management positions, including the Chief of Police, a Captain, and a Lieutenant. We recently hired a Captain, and the Lieutenant position is vacant. The administrative work of the department is performed by the Chief of Police and the Captain with the assistance of one administrative assistant.

The daily supervision of the department is conducted by three full time sergeants and one full time corporal. The Corporal position is tasked with investigations and supervision duties in the absence of a sergeant. Currently the MPD has been forced to use our only Corporal as a fulltime supervisor as we are only funded for three sergeants.

In order to provide more consistent supervision and investigative services, staff is recommending eliminating the Lieutenant position, hiring a sergeant and moving the corporal to a swing shift. The MPD will then promote another Corporal. This will give full-time supervision coverage for the department and allow for the corporals to concentrate on many of the unsolved crimes in the city.

With the elimination of the Lieutenant position and hiring a Sergeant the city will see cost savings on average of $7,150.12. These savings will then be used to promote an officer to Corporal which will have an average annual cost of $1,821.73. The total cost savings to the city will be $5,328.39 yearly.

FINANCIAL IMPACT:

These changes will save the city approximately $5,328.39 annually.

RECOMMENDATION:

Staff recommends the City Council discuss and possibly approve Resolution No. 2024-52, A resolution of the city council of the city of McFarland approving structural changes to the police department eliminating a lieutenant position, adding a sergeant position, and reclassifying an officer position to corporal from within.

ATTACHMENTS:

None

RESOLUTION NO. 2024-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING

STAFFING CHANGES TO THE POLICE DEPARTMENT ELIMINATING A LIEUTENANT

POSITION, ADDING A SERGEANT POSITION, AND RECLASSIFYING A OFFICER POSITION TO CORPORAL FROM WITHIN.

WHEREAS, the McFarland Police Department recognizes its need to restructure the police department and;
WHEREAS, the McFarland Police Department currently has several unsolved major crimes and;
WHEREAS, change in the staffing structure could bring about better oversight and management of the department and;
WHEREAS, the McFarland Police Department currently funds a Lieutenant position which is currently vacant and;
WHEREAS, the City of McFarland wishes to eliminate the Lieutenant position and; WHEREAS, the City of McFarland wishes to add another Sergeant position and; WHEREAS, the City of McFarland believes promoting a Police Corporal from within its ranks will allow for full-time supervision and coverage; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland it hereby finds and determines as follows:

1. The foregoing recitals are true and correct.

2. The City recognizes the Police Department restructuring (elimination of the Lieutenant position and the creation of an additional Sergeant position) will provide better supervision coverage and investigation performance.

3. The total cost savings to the city will be $5,328.39 annually.

4. The City Council hereby approves the elimination of the Lieutenant position and the creation of an additional Sergeant position.

5. .The City Manager and the Chief of Police are provided authority to take all actions necessary to complete the approved restructuring of the police department positions.

6. The City Clerk shall certify the passage and adoption of this resolution.

7. This resolution shall be in full force and effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on May 9, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 17.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: May 9, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brian Knox, Chief of Police
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-60 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING A

RESTRUCTURING OF THE ANIMAL CONTROL AND CODE

ENFORCEMENT STAFFING
SUMMARY:

The City of McFarland and McFarland Police Department (MPD) have examined the staffing structure of the Animal Control Department and the Code Enforcement Department and have determined a change in the staffing structure could bring about better services for the City of McFarland. Currently the city employs one Code Enforcement/ Building inspector who works during the week. Staff have seen a need to have a Code Enforcement Officer available during the weekends and during the evening hours due to unlicensed vendors selling products in the city when Code Enforcement is off duty. The City of McFarland has not been able to fill the second Code Enforcement Officer position for almost a year.

Staff recognize we could provide better enforcement of Animal Control services and Code Enforcement services through the creation of a new Animal Control/Code Enforcement Officer position and elimination of the existing Animal Control Officer positions. These officers would be able to conduct animal control operations during the week and code enforcement duties during the evenings and weekends. A Code Enforcement Officer is currently paid at the pay scale of 19, which earns $19.56 an hour ($40,694.40 yearly) to $25.04 an hour ($52,091.77 yearly). Currently, the Animal Control Officer position is at the pay scale of 13 at a pay rate of $16.87 an hour ($35,090.65 yearly) to $21.60 an hour ($44,918.57 yearly). Staff is proposing that the new Animal Control/Code Enforcement Officer position be at the pay scale of 19 to compensate for the additional duties. The creation of the Animal Control/Code Enforcement Officer position would incur an additional cost between $5,603.75 and $7,173.20 yearly per employee. Currently, both Animal Control Officer positions are filled, however, since the scope of duties will significantly change, staff have determined that it is necessary to test for the newly created position. The existing employees will receive priority during this testing process.

MPD staff also conducted an audit of current Animal Control staffing needs and determined an Animal Control Supervisor would bring better oversight in that department and allow for coverage during the work week. Other local jurisdictions, like the City of Shafter and the City of Delano utilize Animal Control Managers to oversee the daily business of their Animal Control facilities. Currently, MPD patrol sergeants are splitting their duties to supervising Animal Control operations and patrol operations, which takes time away from police

supervision requirements. The Animal Control Supervisor would be hired at the pay scale of 29, which receives between $25.04 an hour ($52,092.27 yearly) to $32.06 an hour ($66,681.88 yearly). The creation of the Animal Control Supervisor position would be mostly offset by the elimination of the vacant Code Enforcement Officer and would incur an additional annual cost between $11,397.87 and $14,590.11 yearly.

FINANCIAL IMPACT:

A budget adjustment is not necessary at this time as additional anticipated costs for the remainder of the fiscal year will be offset by savings due to vacancies throughout the fiscal year.

RECOMMENDATION:

Staff recommends the City Council discuss and possibly approve the addition of the Animal Control Supervisor and the Animal Control/ Code Enforcement Officer positions.

ATTACHMENTS:

1. Animal Control Supervisor Job Description

2. Animal Control-Code Enforcement Job Description

RESOLUTION NO. 2024-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING A

RESTRUCTURING OF THE ANIMAL CONTROL AND CODE ENFORCEMENT STAFFING WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2023/2024; and
WHEREAS, the City of McFarland and the McFarland Police Department (MPD) have conducted a thorough examination of the staffing structure of the Animal Control Department and the Code Enforcement Department; and
WHEREAS, current staffing arrangements have highlighted the need for enhanced enforcement capabilities during evenings and weekends to address issues such as unlicensed vending; and WHEREAS, the City has experienced challenges in filling a vacant Code Enforcement Officer position for an extended period, suggesting a need for a revised approach to staffing; and WHEREAS, the MPD has identified an opportunity to improve service delivery by merging the roles of Animal Control Officer and Code Enforcement Officer into a new combined position; and WHEREAS, such restructuring would entail the elimination of the current Animal Control Officer positions and the vacant Code Enforcement Officer position, and the creation of new positions for Animal Control/Code Enforcement Officers and an Animal Control Supervisor; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The foregoing recitals are true and correct and incorporated herein as if set forth in fill.

2. Elimination of Positions: The positions of Animal Control Officer (2 filled positions) and Code Enforcement Officer (1 vacant position) are hereby eliminated.

3. Creation of New Positions:

Two (2) positions for Animal Control/Code Enforcement Officer are created, classified at pay scale 19, with responsibilities including animal control operations during weekdays and code enforcement duties during evenings and weekends.

One (1) position for Animal Control Supervisor is created, classified at pay scale 29, to provide oversight of Animal Control operations and enhance departmental efficiency.

4. Compensation:

The Animal Control/Code Enforcement Officer position will have a salary range of $19.56 to $25.04 per hour.

The Animal Control Supervisor position will have a salary range of $25.04 to $32.06 per hour.

5. Testing and Transition: Current employees in eliminated positions will be given priority in the testing process for the newly created positions, acknowledging the significant change in the scope of duties.

6. Implementation: The City Manager is authorized and directed to implement these changes effectively and to make any adjustments as necessary to facilitate a smooth transition.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on May 9, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

CITY OF MCFARLAND
Animal Control Supervisor
SALARY: $25.04 - $32.06 Hourly
$2,003.55 - $2,564.69 Biweekly
$52,092.27 - $66,681.88 Annually
OPENING DATE: 5/13/2021
CLOSING: Open Until Filled
POSITION SUMMARY:

Under general direction, supervise, assign, review, and participate in the work of staff responsible for providing the services and activities of the Animal Control Division, including the enforcement of City ordinances and state laws relating to animal control activities as well as the operations of the City’s animal shelter. Ensure work quality and adherence to established policies and procedures and perform the more technical and complex tasks relative to assigned area of responsibility. Perform other duties as needed or assigned.

DISTINGUISHING CHARACTERISTICS
This is a manager classification responsible for the management and supervision of all animal control functions, the animal shelter, and programs/functions within the Animal Control Division. The incumbent is expected to demonstrate technical competence while working as a team member and exercise independent judgment in a number of confidential and sensitive assignments. Duties and responsibilities are performed in accordance with state law, municipal codes, ordinances, City policy, and related regulating entities.

Essential Job Duties and Responsibilities
• Plan, prioritize, assign, supervise, review, and participate in the work of staff responsible for providing Animal Control Division services and activities including the enforcement of City ordinances and state laws relating to animal control activities as well as the operations of the City’s animal shelter; ensure staff observes safe work practices.
• Establish schedules and methods for providing animal shelter and animal control services and activities; identify resource needs; review needs with appropriate administrative staff; allocate resources accordingly.
• Participate in the development of goals and objectives as well as policies and procedures; make recommendations for changes and improvements to existing standards, policies, and procedures; participate in the implementation of approved

policies and procedures; monitor work activities to ensure compliance with established policies and procedures.
• Participate in the selection of animal shelter and animal control staff; provide or coordinate staff training; complete performance evaluations; work with employees to correct deficiencies; implement discipline procedures.
• Participate in the preparation and administration of the Animal Control Division program budget; submit budget recommendations; monitor expenditures by obtaining quotes and processing purchase orders.
• Maintain and monitor the health of impounded animals; make decisions as to which animals need to be euthanized; euthanize animals.
• Monitor and assist in animal control field services including responding to complaints, welfare checks, dangerous animals, and other calls for service. • Establish and maintain effective working relationships with other departments, the public, and other animal welfare agencies; coordinate the functions of the animal shelter with other public and private animal organizations. • Perform the most technical and complex tasks of the work unit; arbitrate conflicts between the public and the policies of the animal shelter. • Maintain records and files concerning operations and programs; conduct research and prepare and review staff reports and/or agreements on operations and activities; maintain and provide records and information necessary for court hearings and the prosecution of cases related to animal control.
• Attend and participate in professional group meetings; maintain awareness of new trends and developments in the field of animal services; incorporate new developments as appropriate into programs.
• Make public presentations before groups and represent the division and the City at meetings and conferences.
• Perform duties of a disaster services worker in event of an emergency. • Perform other related duties as assigned.

Minimum Requirements

EDUCATION AND EXPERIENCE
Any combination of education and experience that may provide the knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:
• High School Diploma or equivalent
• Four years of increasingly responsible experience in animal control and shelter operations, including one year of lead or supervisory experience.

LICENSES AND/OR CERTIFICATIONS
• Valid California Class C driver’s license with a good driving record. • Possession of Euthanasia Certificate.
• Possession of, PC 832 Arrest and Control Certificate and PC 832 Firearm Certificate. • Must be able to pass a California P.O.S.T. law enforcement background.

Knowledge, Skills, and Abilities
Knowledge of:
• Operations, services, and activities of an animal services program including animal control and animal shelter services and activities.
• Principles of supervision, training, and performance evaluation. • Basic principles and practices of budget preparation and administration. • Principles and practices used in the operation of an animal shelter. • Methods and techniques of animal collection and impoundment. • Behavior and other characteristics of various breeds of dogs, cats, and other wild and domestic animals and livestock.
• Principles and practices of animal care and first aid. • Symptoms and behavior associated with rabies and other common diseases of animals.
• Methods and equipment used in the care and control of animals. • Pertinent federal, state, and local laws, codes, and regulations including laws and regulations governing the care, housing, and control of animals. • Methods and techniques used in customer service and public relations. • Principles and procedures of record keeping.
• Principles of business letter writing and basic report preparation. • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. • English usage, spelling, grammar, and punctuation.
• Geographic features and locations within the area are described. • Standard broadcasting procedures of a police radio system. • Occupational hazards and standard safety practices.

Skilled in:
• Setting priorities and being able to meet assignment deadlines. • Evaluating and making independent decisions based on experience or knowledge, without supervision.
• Good judgment, dependability, and adaptability.
• Communication to effectively convey ideas, both written and oral. • Database skills, such as the ability to sort and retrieve records; create layouts and reports; add, edit, and delete fields and reports.

Ability to:
• Coordinate and direct animal services programs including animal shelter operations and animal control services and activities.
• Supervise, organize, and review the work of assigned staff involved in animal services programs and operations.
• Select, train, and evaluate staff.
• Recommend and implement goals, objectives, policies, and procedures for providing animal shelter and animal control services and activities. • Understand the organization and operation of the organization and of outside agencies as necessary to assume assigned responsibilities.

• Understand, interpret, and apply general and specific administrative and departmental policies and procedures as well as applicable federal, state, and local policies, laws, and regulations.
• Participate in the preparation and administration of assigned budgets. • Perform the full range of animal control activities.
• Capture and care for a variety of domestic, exotic, and wild animals. • Recognize symptoms of rabies and common animal diseases. • Perform euthanasia.
• Operate a variety of animal control equipment in a safe and effective manner. • Plan and organize work to meet changing priorities and deadlines. • Effectively represent the Animal Control Division to outside individuals and agencies to accomplish the goals and objectives of the unit; speak before community groups, including advocacy groups.
• Work cooperatively with other departments and outside agencies. • Respond tactfully, clearly, concisely, and appropriately to inquiries from the public, staff, or other agencies on sensitive issues in the area of responsibility. • Prepare clear and concise records, reports, correspondence, and other written material.
• Use good judgment and common sense in handling difficult situations. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work, including City, and other governmental officials, community groups, and the general public.
• Work evenings, weekends, and holidays when needed.

SUPPLEMENTAL INFORMATION
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential job functions.

PHYSICAL DEMANDS
• Primary functions require sufficient physical ability and mobility to work in a field environment, traveling to various locations to pick up and dispose of animals; exert physical strength when handling animals and livestock.
• Walk, stand, and sit for prolonged periods of time.
• Frequently stoop, bend, kneel, crouch, crawl, balance, reach, twist, grasp, and make repetitive hand movements in the performance of daily duties. • Operate assigned equipment and vehicles.
• Verbally communicate to exchange information.
• Hear, understand, and distinguish speech and/or other sounds, in person and by telephone.
• Use hands to fingers, feel computers and standard business equipment; make repetitive hand movements in the performance of daily duties. • Lift, carry, push, and/or pull up to 80 lbs. amounts of weight. • Visual requirements include near and distance visual acuity, peripheral vision, depth perception, and the ability to adjust focus.

MENTAL DEMANDS

• Use written and oral communication skills.
• Interpret data, information, and documents.
• Analyze and solve complex problems.
• Work under deadlines with constant interruptions.
• Interact with City management, staff, the public, and others encountered in the course of work, some of whom may be dissatisfied or quarrelsome.

WORK ENVIRONMENT
• Work is performed in an office, kennel, and field environment. • Travel from site to site.
• Exposure to a variety of domestic and wild animals.
• Exposure to infectious animal diseases, animal waste, animal bites, allergens, and inclement weather conditions.
• May be required to work extended hours including evenings, weekends, and holidays.

All City of McFarland employees are designated “Disaster Service Workers” through state and local laws (CA Government Code Section 3100-3109). As Disaster Service Workers, all City employees are expected to remain at work or report to work as soon as practicable following a significant emergency or disaster.

COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -
The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) Agency
o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer in accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requestsfor special accommodations during any stage of the examination process should be made in advance to the HumanResourcesDepartment.

CITY OF MCFARLAND
Animal Control/Code Enforcement Officer
SALARY: $19.56 - $25.04 Hourly
$1,565.17 - $2,003.53 Biweekly
$40,694.40 - $52,091.77 Annually
OPENING DATE: 05/01/2024
CLOSING: Open Until Filled
POSITION SUMMARY:

Under the direction of the Animal Control Manager, the position is responsible for the apprehending and caring of animals, determining the disposition of animals, enforcing various related State and local laws and ordinances, responding to complaints concerning unwanted, escaped, or other nuisance animals, and other tasks as assigned.

Under the direction of the Chief of Police or his/her designee, performs work of routine difficulty to secure compliance with zoning regulations, Municipal Codes and related Government Codes, Uniform Housing Codes (including Uniform Codes of the Abatement of Dangerous Buildings).

Resolve issues within established policy. This classification receives direct supervision and administrative direction from the
• .

ESSENTIAL JOB DUTIES AND RESPONSIBILIIES FOR ANIMAL

CONTROL/CODE ENFORCEMENT OFFICER
• Serve as a professional representative of the City of McFarland, displaying courtesy, tact, and discretion in all interactions with other employees and the public. • Respond to and investigate complaints related to both animal control and code violations, including interviewing complainants, identifying violators, and ensuring compliance with local, state, and municipal regulations.
• Capture, transport, and impound stray animals; establish quarantines to assess animal health and manage care for seriously injured or ill animals.

• Conduct field inspections of properties and construction sites to ensure compliance with building codes, zoning laws, and other regulations.
• Issue citations, notices of violation, and stop-work orders as needed to enforce animal control ordinances and building regulations.
• Prepare detailed officer’s reports and maintain comprehensive files and records on investigations, inspections, and enforcement actions.
• Coordinate with other city, county, and state departments and agencies to assess jurisdiction, facilitate code enforcement, and assist the public in resolving code and animal control issues. • Provide assistance and information to the public regarding animal control matters and code enforcement regulations.
• Maintain safety and security of the Animal Shelter and ensure the confidentiality of sensitive information.
• Input call information and write reports using specialized software systems. • Prepare and process corrective orders, track cases, and document procedures for the abatement of public nuisances.
• Work with the Office of the City Attorney and Municipal Court for legal actions and provide court testimony when required.
• Handle potentially volatile situations with tact and productivity, resolving disputes effectively.

Perform other duties as assigned

KNOWLEDGE AND ABILITIES
KNOWLEDGE OF:
• Operations, services, and activities of a municipal code compliance program. • Procedures involved in the Animal Codes and Regulations including methods and techniques of conducting and documenting field investigations. • Legal actions applicable to Municipal Animal Code compliance. Effective public relations practices. Principles and procedures of record keeping. • Methods and techniques of business correspondence and technical report preparation. • Modern office procedures, methods, and equipment including computers and supporting word processing and spreadsheet applications.
• Occupational hazards and standard safety practices.
• Uniform Codes related to housing, abatement of dangerous buildings, and applicable Delano Municipal Codes.
• Applicable laws and ordinances regulating building construction and zoning. • Maintaining complete files, investigative records, and other relevant evidence for use in administrative and legal proceedings.
• Equipment and procedures used to research property ownership. • Principles, practices, and techniques of investigation and inspection. • Correct use of oral and written English, and proper spelling, punctuation, and composition. • Use of desktop computer and associated software.

ABILITY TO:

• Read, understand, and explain applicable State and local laws, regulations, and ordinances. • Obtain cooperation and compliance from members of the public by working tactfully and effectively.
• Analyze a situation and adopt a course of action.
• Exercise tact and independent judgment in dealing with the public; speak to a wide range of people; prepare clear and concise reports; present a positive public image. • Develop and maintain working relationships with co-workers, agencies, and organizations. • Handle sick, injured, dangerous, or dead animals and decomposing animal carcasses in a safe and humane manner.
• Learn the physical and behavior characteristics of animals. • Learn breed identification; learn and recognize symptoms of rabies and other common animals’ diseases.
• Learn the safe and accurate handling of animal control equipment; euthanize dangerous, sick, or unwanted animals; make simple arithmetic calculations. • Understand and follow oral and written instructions.
• Safely drive a vehicle.
• Perform other tasks as assigned; and work independently. • Physical activity is required to climb stairs, walking, crouching, crawling, kneeling, twisting, standing and/or sitting for extended periods of time.
• Must be capable of lifting 75lbs.

Skilled in:
• Reading, interpreting, and enforcing complex codes and regulations. • Conducting effective and timely investigations.
• Compiling and preparing clear and concise reports.
• Organizing and maintaining accurate records and files documenting investigations and inspections suitable for reference in litigation.
• Dealing with the public under stressful, contentious, and confrontational conditions. • Recognizing dangerous situations and reacting appropriately. • Organizing and prioritizing assigned work.
• Establishing and maintaining effective working relationships with those contacted in the course of work.
• Communicating tactfully and effectively with the public and employees. • Using initiative and making sound and independent judgments within established parameters and guidelines.
• Respond effectively to oral as well as written instructions.

MINIMUM QUALIFICATIONS:

Any combination of training and experience which would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• High School Diploma or General Education Diploma (GED). • Valid California driver’s license with good driving record. • PC832 (Must be acquired within 1st year of employment). • Pass a California P.O.S.T background check.

COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Depend ents.
o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -
The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) Agency
o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer in accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org.

Resumes will not be accepted in lieu of a City employment application.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer.

In accordance with the Americans with Disabilities Act of 1990 (ADA), requestsfor special

accommodations during any stage of the examination process should be made in advance to the HumanResourcesDepartment.