McFarland City Council
September 11, 2024

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association c. 12-hour work schedule: 8 hours
iii. However, if the jury time is less than the times described above, then the unit employee shall report to the on-duty watch commander for completion of a normal tour of duty.
6) Jury Duty Documentation. The hours as a jury member need to be documented by the jury coordinator and submitted each day by the unit employee when they return to work to their supervisor or watch commander. This shall accompany a completed City Request for Leave Form.

L. Other Leaves – Without Pay.
1) Leave of Absence Without Pay - Up to Seven (7) Days. Police Management may grant a leave of absence without pay to unit employees for periods up to seven (7) calendar days in any month.
2) Leave of Absence Without Pay - Excess of Seven (7) Days. Police Management may grant leaves of absence without pay to unit employees in excess of seven (7) calendar days in any month, with the approval of City Manager 3) Leave of Absence Without Pay - Early Return. Any unit employee granted a leave of absence without pay may, with the approval of Police Management and the City Manager, return to duty prior to the time fixed for the expiration of such leave.
4) Leave of Absence - Excess of Six (6) Months. Any unit employee returning to work from any leave of absence in excess of six (6) months shall not be permitted to return to work until completing a physical examination and being released by the City Medical Examiner and the Human Resources Department, Workers' Compensation Section, to return to work.
5) Limitations. Unit employees shall first utilize all of their accrued vacation, holiday, and compensatory time before a leave of absence without pay is granted, except as approved by Police Management.

ARTICLE 18

WORKING CONDITIONS
A. Employee Driver’s License Requirements.
1) Driver's License Requirements. Unit employees who are in a classification which requires the possession and maintenance of a valid California driver's license and/or are required to drive a vehicle for the City are required to inform their division management of any restrictions, suspensions or revocation of their said driver's license.

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association 2) Vehicle Code Violations. Any unit employee shall be required, when convicted or pleads no contest of driving under the influence of alcohol or drugs to meet at least once with the City's employees’' assistance counselor for substance abuse counseling.
3) Consequence of Non-Compliance. Failure by unit employees to comply with any of the provisions set forth in this Section shall be grounds for disciplinary action up to and including removal from employment with the City.

B. Employee Fitness / Wellness Program.
1) Fitness / Wellness Programs. During the term of this Agreement, the City may periodically employ the services of an outside vendor to provide comprehensive health and fitness services to unit employees of the MPOA. These Fitness/Wellness programs are designed to assist unit employees in developing healthy lifestyles relative to exercise, diet and overall fitness. Participation in these programs is voluntary. Any non-work time activities associated with the maintenance of employee health and fitness are voluntary and not compensated. 2) Incentives. When such programs are in place, the City sets forth the following incentives for unit employees to encourage the attainment of health and fitness improvement.

Unit employees who participate in the Fitness/Wellness program, shall be eligible to receive a health club membership. The City and Association agree to meet and jointly develop a method for the allocation of incentives under this program. 3) Confidentiality. Individual test results, information, findings and/or diagnosis obtained from medical examinations conducted pursuant to the Fitness / Wellness Program shall not be shared with or released to any City official, employee, or agent of the City, nor with any Police Department representative, with the exception of the Wellness Program Coordinator. The Wellness Program Coordinator shall not release to or share individual test results, information, findings, and/or diagnosis obtained from medical examinations conducted pursuant to the Wellness Program in any form with any City official, employee, or agent of the City, nor with any Police Department representative.

The health care provider conducting the examinations shall ensure that the test results, information, findings, and/or diagnosis obtained from medical examinations shall not be released to or shared with any third party, including any insurance carrier, insurance holding company, investigative agencies and/or parties for any insurance carrier, insurance holding company, or insurance association.

The Wellness Program Coordinator shall also be prohibited from releasing to or sharing the test results, information, findings, and/or diagnosis obtained from the medical examinations with any third party, including any insurance carrier,

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association insurance holding company, investigative agencies and/or parties for any insurance carrier, insurance holding company, or insurance association.

The health care provider conducting the examinations as contemplated herein shall execute a signed confidentiality agreement with each employee, stating and agreeing that the provider will not release to or share any test results, information, findings, and/or diagnosis to any City official, employee, Police Department representative, nor to any third party, including any insurance carrier, insurance holding company, investigative agencies and/or parties for any insurance carrier, insurance holding company, or insurance association, with the exception of the Wellness Program Coordinator. The Wellness Program Coordinator who receives these test results shall also sign a confidentiality agreement with each employee, stating and agreeing that he or she will not share with or release any test results, information, findings, and/or diagnosis to any City official, unit employee, Police Department representative, nor to any third party, including any insurance carrier, insurance holding company, investigative agencies and/or parties for any insurance carrier, insurance holding company, or insurance association.

It is understood by and between the parties that the records herein above discussed are strictly confidential and may not be used for any employment purpose.

Individual test results, information, findings, and/or diagnosis may be provided to the unit employee’s health care provider chosen by the employee if authorized in writing by the employee.

ARTICLE 21

OUTSIDE EMPLOYMENT AND MEDICAL LIMITATION DURING

TEMPORARY/PERMANENT MODIFIED WORK PROGRAM
A. Approval by Management. All outside employment must be approved by Police Management pursuant to City and Police Department Rules and Regulations.

B. Outside Employment Limitations. During convalescence and/or modified work assignment, it shall be expressly forbidden for the unit employee to engage in any outside employment that would interfere with their convalescence.

C. Final Decision. The Police Chief shall make the final decision based upon stated criteria and if a peace officer’s power is to be limited, the unit employee so affected shall be notified in writing.

ARTICLE 22

GENERAL PROVISIONS
A. Meet and Confer Waiver. The City and the Association agree that for the term of this Agreement, each party waives its rights and each party agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement except as expressly provided for in this Agreement and as to meeting and conferring over the renewal or continuation of this MOU at its expiration date

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association in accordance with said Employer-Employee Relations Resolutions.

B. Emergency Waiver Provisions. In the event of circumstances beyond the control of the City, including but not limited to, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, as determined by Police Management the provisions of this Memorandum of Understanding which restrict the City's ability to respond to these emergencies shall be suspended for the duration or such emergency. After the emergency is over, the Association shall have the right to meet with the City regarding the impact on unit employees of the suspension of these provisions in this Memorandum of Understanding.

C. Savings Clause. If any article or section of this Agreement should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any article or section, the City and the Association agree to meet and confer within 30 days.

D. City Resolutions, Ordinances, and Civil Service and Departmental Rules and Regulations.
1) It is understood that existing ordinances, resolution and written policies of the City cover matters pertaining to employer-employee relations including, but not limited to, salaries, wages, benefits, hours and other terms and conditions of employment.

Therefore, it is agreed that all ordinances, resolutions and policies, including the Employer-Employee Relations Resolution are hereby incorporated herein by this reference and made part hereof as though fully set forth and except as provided herein shall remain in full force and effect during the term hereof. 2) It is further understood and agreed that there exist within the City, in written form, Civil Service and Departmental Rules and Regulations.
3) Except as specifically modified by this Memorandum of Understanding (MOU), these resolutions, ordinances, rules and regulations and any subsequent amendments thereto shall be incorporated herein and in full force and effect. 4) Before any new or subsequent amendments to the Resolutions, Ordinances, Civil Service and/or Departmental Rules and Regulations directly affecting wages, hours, and terms and conditions of employment, are implemented, the City shall meet and confer with the Association regarding such changes. 5) Nothing provided herein shall prevent the City from implementing such changes in rules and regulations provided it has met and conferred with the Association as required.

E. Amendments To Memorandum Of Understanding. The provisions of this Memorandum of understanding can be amended, supplemented, rescinded, or otherwise

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association altered only by mutual agreement in writing, hereafter signed by the designated representative of the City and the Association.

F. MOU Subject To Laws. It is understood and agreed that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations, or otherwise held invalid or unenforceable by any tribunal of competent, jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of the MOU shall not be affected thereby and shall remain in full force and effect.

G. Ratification And Implementation.
1) Ratification Procedure. The City of McFarland and the McFarland Police Officers’ Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified pursuant to the Bylaws of the McFarland Police Officers’ Association, and until it is adopted in the form of a resolution by the City Council.
2) Mutual Recommendation of Agreement. This agreement constitutes a mutual recommendation by the parties hereto, to the City Council, that one or more ordinances and/or resolutions be adopted accepting its provisions and effecting the changes enumerated herein relating to wages, hours, fringe benefits, and other terms and conditions of employment for unit employees represented by the Association.
3) Recommendation For Approval. Subject to the foregoing, this Memorandum of Understanding is hereby agreed to be recommended for approval by the authorized representative of the City of McFarland and the McFarland Police Officers’ Association and entered the 11th day of September 2024.

Memorandum of Understanding
City of McFarland and McFarland Police Officer’s Association MEMORANDUM OF UNDERSTANDING ___________ CITY OF MCFARLAND, CA,

MCFARLAND POLICE OFFICERS ASSOCIATION
Dated: , 2024 MCFARLAND POLICE OFFICERS

ASSOCIATION
By:

George Alwaw,
President
Dated: , 2024 CITY OF MCFARLAND
By:

Diego Viramontes,
City Manager

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: September 11,
2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan, Human Resources Director
SUBJECT: Approval of Resolution No. 2024-104 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING AMENDMENTS TO

THE EMPLOYEE HANDBOOK TO INCLUDE EDUCATIONAL AND

SPECIALTY PAY, COMPENSATORY CASH OUT POLICY, BEREAVEMENT

LEAVE, AND JURY DUTY
SUMMARY:

The City of McFarland is committed to maintaining an employee handbook that accurately reflects current policies and practices. The proposed amendments to the employee handbook are necessary to update the provisions regarding specialty pay, stipends, educational incentives, POST incentive pay, bilingual pay, special assignment pay, shift differential, vacation cash out policy, and bereavement leave. These updates aim to align with the City's operational needs and enhance clarity and fairness for all employees.

Proposed Amendments

1. Specialty Pay and Stipends (Section 7.10, A) the current handbook outlines specific stipends available to employees in various roles or possessing certain qualifications. The revised language seeks to update the stipend amounts and eligibility criteria as follows:

Education Incentive (Section E)
• Employees with a bachelor's degree in a job-related subject will receive $100.00 per month, paid bi-weekly.
• Employees with a master's degree in a job-related subject will receive $150.00 per month, paid bi-weekly.

Employees are eligible for only one educational incentive; the stipends are not stackable.

POST Incentive Pay (Section F):
• Intermediate Certificate: $100.00 per month, paid biweekly. • Advanced Certificate: $150.00 per month, paid biweekly. Employees receiving the Advanced POST Certificate pay will not receive the Intermediate Certificate pay. • Supervisory Certificate: $200.00 per month, paid biweekly. Employees receiving the

Supervisory POST Certificate pay will not receive the Advanced Certificate pay.

Bilingual Pay (Section G):
• Employees designated to use bilingual skills will receive $100.00 per month, paid biweekly, upon passing a written and oral test. The Police Chief and City Manager may adjust bilingual designations due to operational needs.

Special Assignment Pay (Section I):
• Field Training Officer (FTO): $75.00 per month, paid biweekly, requiring a minimum of two years of experience and specific training duties.
• K-9 Officer: Compensation details include a biweekly stipend and additional hours for care and maintenance of the canine, paid at a premium rate of time and one-half.

2. Compensatory Cash Out Policy and Max Accrual (Section 4) • The current policy allows for compensatory cash-out once per fiscal year. The amended policy allows employees to cash out accrued compensatory time off four times per fiscal year (July, October, January, April) upon City Manager approval, provided they request the cash-out at least 30 days prior. Max accrual is now set to 120 hours.

3. Bereavement Leave (Section 9.06)
• The bereavement leave policy has been revised to allow for non-consecutive days off and clarifies the eligibility and terms for leave with and without pay:
- Leave with Pay - Immediate Family Members: Up to three non-consecutive scheduled workdays with pay. Defined immediate family members include current spouse, registered domestic partner, child, parent, grandparent, brother, or sister. - Leave without Pay - Other Family Members: Up to two non-consecutive scheduled workdays without pay for other family members, such as legal guardians and in-laws. Additional unpaid time may be approved for good causes.

4. Jury Duty (Section 10.04) Revisions to the jury duty policy provide more detailed instructions and stipulations:

Notification/Summoned:
• Employees must notify their supervisor immediately upon receiving a jury summons and provide written evidence. A regular salary is maintained for up to ten consecutive working days annually.
• Jury Duty Accommodation and Call-In Procedures: Procedures for requesting jury duty modifications and scheduling adjustments have been outlined for better alignment with operational needs.
• Jury Duty Shift Conflict and Documentation: Employees are required to return to work after jury duty or adjust schedules based on duty hours. Documentation of jury duty

hours must be submitted daily.

FINANCIAL IMPACT:

The financial impact of these changes will be minimal as they adjust existing compensation frameworks and clarify current policies rather than introduce new costs.

RECOMMENDATION:

Staff recommends that the City Council approve the proposed amendments to the employee handbook to ensure it accurately reflects current policies, procedures, and compensation standards.

ATTACHMENTS:

1. Revised Employee Handbook (LCW Revisions January 2021) - Copy.pdf 3

2. Amended Changes- EE Handbook

RESOLUTION NO. 2024-104

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

AMENDMENTS TO THE EMPLOYEE HANDBOOK TO INCLUDE EDUCATIONAL AND

SPECIALTY PAY, COMPENSATORY CASH OUT POLICY, BEREAVEMENT LEAVE, AND

JURY DUTY
WHEREAS, the City of McFarland strives to maintain an employee handbook that reflects current policies, practices, and operational needs of the City; and WHEREAS, it is necessary to amend the employee handbook to update the provisions related to specialty pay and stipends, educational incentives, bilingual pay, vacation cash out policy, bereavement leave, and jury duty; and
WHEREAS, these amendments aim to provide clarification, fairness, and alignment with the City's operational requirements to ensure appropriate compensation and leave benefits for all eligible employees; and
WHEREAS, the City Council has reviewed the proposed amendments and finds them to be in the best interest of the City and it's employees;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. Approval of Amendments: the City Council hereby approves the amendments to the Employee Handbook as outlined in the staff report dated September 11, 2024, specifically updating the sections on stipends, educational incentives, bilingual pay, vacation cash out policy, bereavement leave, and jury duty.

2. The City Manager is hereby directed to implement these amendments and ensure that all affected employees are informed of these changes and that the updated Employee Handbook is distributed accordingly.

3. These amendments shall take effect immediately and will be fully implemented as of October 1, 2024, following the signature and approval of this resolution.

4. If any provisions of this resolution or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provisions to other persons or circumstances shall not be affected thereby.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on September 11, 2024 by the following vote:

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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. _____________________________
Erika De La Cruz, City Clerk

CITY OF MCFARLAND

EMPLOYEE HANDBOOK
City of McFarland
401 West Kern Avenue
McFarland, CA 93250
(661)792-3091 Phone
(661)792-3093 Fax
www.mcfarlandcity.org
Revised
February 11, 2021

PAGE LEFT INTENTIONALLY BLANK

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TABLE OF CONTENTS
Page(s)

SECTION I (INTRODUCTION AND PERSONNEL ADMINISTRATION)

1.01 Purpose 1

1.02 Rights of Employment 1

1.03 Application 1

1.04 At-Will Employment 1-2

1.05 The Personnel Officer 2

1.06 Employment Constitutes Acceptance of Policies & Procedures 2

1.07 Severability 2

1.08 Modifications in Writing 2

SECTION II (EMPLOYMENT POLICIES AND WORKING CONDITIONS)

2.01 Equal Employment Opportunity 3

2.02 Employees With Disabilities 4

2.03 Harassment/Discrimination/Retaliation Prevention and Training 4-8

2.04 Lactation Accommodation 8

2.05 Workplace Security 9-11

2.06 Drug and Alcohol Free Workplace 11-17

2.07 Conflicts of Interest/Outside Employment 17-18

2.08 Employee Political Activities 18

2.09 Request for Assistance from Private Citizen 18

2.10 Gifts or Payments 18

2.11 Personal Conduct 19

2.12 Smoking 19

2.13 Dress and Grooming Standards 19

2.14 Tattoo and Piercing 19-20

2.15 Communication and Technology 20-23

2.16 Use of City Property and Equipment 23-24

2.17 Off-Duty Use of Facilities 24

2.18 Ergonomics 24

2.19 Solicitation and Distribution of Literature 24

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2.20 Parking 25

2.21 Employees Who are Required to Drive 25

2.22 Reimbursement of Employee Expenses 25-26

2.23 Bulletin Boards 26

2.24 Conducting Personal Business 26

2.25 Housekeeping 26

2.26 Customer Relations 26-27

2.27 Confidentiality 27

2.28 News Media Contacts 27

2.29 Health and Safety 27-28

2.30 Meal and Rest Periods 28

SECTION III (EMPLOYMENT, SELECTION, AND APPOINTMENT)

3.01 Announcement 29

3.02 Application Form 29

3.03 Selection Criteria and Ineligibility or Disqualifications 29-30

3.04 Examination Process 31-32

3.05 Employment Lists 32-33

3.06 The Filling of Vacancies 33-35

3.07 Employment of Relatives and Romantic Partners 35-36

3.08 Minimum Employment Age 36

3.09 Fitness For Duty Examinations 36

SECTION IV (TRANSFER, PROMOTION, AND REINSTATEMENT)

4.01 Transfer 37

4.02 Promotion 37

4.03 Reinstatement 37-38

SECTION V (PERFORMANCE EVALUATIONS, PROBATIONARY PERIOD

AND SENIORITY)

5.01 Performance Evaluations 39-40

5.02 Probationary Period 40-41

5.03 Seniority 41-42

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SECTION VI (CLASSIFICATION)

6.01 Preparation of Plan 43

6.02 Administration and Maintenance of Classification Plan 43

6.03 Reclassification 43

6.04 Interpretation of Job Descriptions 43

6.05 Pay Schedule Conformance 43

SECTION VII (COMPENSATION)

7.01 Administration and Review of the Compensation Plan 44

7.02 Compensation Plan Steps 45-45

7.03 Application of Salary ranges and Plan Steps 45-48

7.04 Compensation for Working on Holidays 48

7.05 FLSA Work Periods 48-49

7.06 Overtime 50

7.07 Appointment to an Acting Position or Out of Class Assignment 51-52

7.08 Reduced Salary for Exempt Employees 52

7.09 Call-Back Pay 52

7.10 Specialty Pay and Stipends 53-55

SECTION VIII (GENERAL EMPLOYMENT POLICIES)

8.01 Attendance 56

8.02 Hours of Work 56

8.03 Exceptions to Standard Hours of Work 57

8.04 Fitness for Duty Examinations 57-58

8.05 Personnel Records 58-59

8.06 Change of Status Report 59

8.07 Employee References 59

8.08 Inclement Weather/Natural Disasters 59-60

8.09 Open-Door Policy 60

SECTION IX (EMPLOYEE BENEFITS)

9.01 Vacation Leave 61-62

9.02 Paid Holidays 63

9.03 Personal Day Off 63

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9.04 Sick Leave 64-67

9.05 California’s Paid Sick Leave Law 67-69

9.06 Bereavement Leave 69-70

9.07 Disability Insurance 70

9.08 Workers Compensation 70-72

9.09 Recreational Activities and Programs 72

9.10 Health Insurance Benefits 72

9.11 Uniforms 72

9.12 Time Off to Vote 72

9.13 Retirement 72

9.14 Educational Reimbursement 73

SECTION X (LEAVE OF ABSENCE PROVISIONS)

10.01 Family and Medical Leave Act (FMLA/CFRA) 74-79

10.02 Pregnancy Disability Leave 79-80

10.03 Leave of Absence Without Pay 80-81

10.04 Jury Duty and Court Leave 81

10.05 Military Leave 81

10.06 School Related Leave 81

10.07 Time Off for Victims of Violent Crimes or Domestic Abuse 82

10.08 Time Off for Organ Transplants 82-83

SECTION XI (LAYOFF POLICY AND PROCEDURE)

11.01 State of Intent 84

11.02 Notification 84

11.03 Vacancy and Demotion in Lieu of Layoff 84

11.04 Employee Rights 84

11.05 Seniority 84

11.06 Order of Layoff 85

11.07 Re-Employment List 85

11.08 Duration of Re-Employment List 86

11.09 Re-Employment of Regular and Probationary Employees 86

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SECTION XII (DISCIPLINARY PROCEDURE)

12.01 Causes for Disciplinary Action 87-89

SECTION XIII (TIME CLOCK POLICY)

13.01 Time Clock Policy 90
Acknowledgement of Employee Handbook and At-Will Employment 91

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SECTION 1

INTRODUCTION AND PERSONNEL ADMINISTRATION
Introductory Statement
Welcome! Employees of the City of McFarland (“City”) are important members of a team effort. We hope that employees find their positions with the City rewarding, challenging, and productive. Supervisors or Department Heads will be happy to answer any questions regarding this Employee Handbook.

1.01 Purpose
This Employee Handbook sets forth policies and procedures to insure similar treatment for those who compete for employment and promotion and the obligations, rights, privileges, benefits, and prohibitions placed upon all employees of the City, unless a section or provision specifically excludes them.

1.02 Rights of Employment
The policies and procedures set forth in this Employee Handbook do not create any contract of employment, express or implied, or any rights in the nature of a contract.

1.03 Application
The policies and procedures set forth in this Employee Handbook shall apply to all employees of the City unless a section or provision specifically excludes them. For employees employed pursuant to a written employment contract, where an express written provision of their employment contract is in direct conflict with a provision of these policies and procedures, the employment contract shall prevail.

Any Department Head may, with the approval of the Personnel Officer, establish special rules to meet the needs of that Department or any of its divisions if said rules and regulations are consistent with applicable state, federal, and local law; policies and procedures as set forth herein; and any applicable Memorandum of Understanding (“MOU”). Where an express written provision of an approved MOU, if any, is in conflict with a provision of these policies and procedures, the MOU shall prevail unless the Employee Handbook provision was negotiated more recently than the MOU.

1.04 At-Will Employment
Unless otherwise provided in this Employee Handbook, an applicable MOU, or employment agreement, all City employees are employed on an at-will basis, and their employment may be terminated with or without cause or notice at any time by the employee or the City. Nothing in this Employee Handbook shall limit the right to terminate at-will employment. No manager, supervisor, or employee of the City

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has the authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms.

Only the City Manager, based on authority delegated by the City Council, has the authority to make any such agreement, which must be in writing to be binding and enforceable.

1.05 The Personnel Officer
The City Manager is the Personnel Officer. The Personnel Officer is referred to throughout this Employee Handbook as the “City Manager.” The City Manager shall have general control and supervision over employees, and shall also have the authority to control, order, and give directions to all Department Heads, and to subordinate officers and employees of the City under their jurisdiction, through their Department Heads.

The City Manager may delegate any of the powers and duties conferred upon them as Personnel Officer in these policies and procedures to any other employee of the City, or may recommend to the City Council that such powers and duties be performed under contract.

1.06 Employment Constitutes Acceptance of Policies & Procedures In accepting employment with the City, each employee agrees to be governed by and to comply with the policies and procedures set forth in this Employee Handbook and any administrative procedures established by the City. Each employee stipulates and agrees that they have read and understand all of these policies and procedures, and additionally, all of the rules, regulations, and directives of the Department in which they are employed.

Upon accepting employment with the City, each employee shall be given a copy of this Employee Handbook for which they will sign a receipt. The receipt will be made part of the personnel file of each employee.

1.07 Severability
If any provision of this Employee Handbook, or the application of such provision to any person or circumstance shall be held invalid, the remainder of the provisions in this Employee Handbook, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected and shall remain in full force and effect.

1.08 Modifications in Writing
The City reserves the right to modify, revise, rescind, and add to these policies and procedures from time to time. All modifications must be in writing and signed by the City Manager. Employees will be provided with written notice of any such modifications.

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SECTION 2

EMPLOYMENT POLICIES AND WORKING CONDITIONS

2.01 Equal Employment Opportunity
This provision applies to all employees, applicants, contracted staff, volunteers, vendors, and elected or appointed officials. The City believes a strong commitment to Equal Employment Opportunity is more than a legal and moral obligation. It is sound business practice to realize the potential of every individual. In order to provide equal employment and advancement opportunities to all individuals, decisions are based upon: (1) individual merit, qualifications, and competence as they relate to the particular position and (2) promotion of the principle of equal employment opportunity.

Employment practices will not be influenced or affected by an applicant’s or employee’s race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles); ancestry; color; religious creed (including religious dress and grooming); sex (including gender, gender identity, gender expression, pregnancy and breastfeeding); sexual orientation (including heterosexuality, homosexuality, and bisexuality); genetic characteristics; national origin; age; marital status; citizenship status; physical or mental disability (whether perceived or actual); medical condition; military/veteran status; or any other basis protected by law. This policy governs all aspects of employment, including selection, job assignment, compensation, counseling, discipline, termination, and access to benefits and training.

The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship or direct threat to self and others.

The City is committed to a results oriented management program aimed at achieving equal employment opportunity in all occupational levels of the City service. The City Manager is the designated Equal Employment Opportunity Officer and is vested with responsibility and authority for the implementation and enforcement of this policy with Department Heads sharing the responsibility. The City will update and reaffirm this policy as necessary.

Any employee with questions and concerns about any type of unlawful discrimination in the workplace is strongly encouraged to bring these issues to the attention of their immediate supervisor or the City Manager. Employees can raise concerns and make a report without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to corrective action, up to and including termination of employment.

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2.02 Employees with Disabilities
It is the policy of the City to provide reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the federal Americans with Disabilities Act.

A. Request For Reasonable Accommodation
An employee who desires a reasonable accommodation shall make a request to the City Manager, in writing, stating: (1) the job-related functions at issue; and (2) the desired accommodation(s). Following receipt of the request, the City Manager may require additional information, such as reasonable documentation of the existence of a disability.

1. Fitness For Duty Exam
The City may require an employee to undergo a fitness for duty examination at the City’s expense to determine whether the employee can perform the essential functions of the job with or without reasonable accommodations. The City may also require that a City-approved physician conduct the examination.

2. Interactive Process Determination
After receipt of reasonable documentation of disability and/or a fitness for duty report, the City will arrange for a discussion, in person or via telephone conference call with the applicant or employee and their representative(s), if any.

The purpose of the discussion is to work in good faith to fully consider all feasible potential reasonable accommodations.

3. Case-by-Case Determination
The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing.

2.03 Harassment/Discrimination/Retaliation Prevention and Training A. Purpose
It is the City’s intent, and the purpose of this policy, to provide all employees, applicants, and contractors with an environment that is free from any form of discriminatory harassment, discrimination, or retaliation as defined in this policy. This policy prohibits harassment or discrimination on the basis of any of the following classifications: race (including traits historically associated with race, including, but not limited to, hair

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texture and protective hairstyles); ancestry; color; religious creed (including religious dress and grooming); sex (including gender, gender identity, gender expression, pregnancy and breastfeeding); sexual orientation (including heterosexuality, homosexuality, and bisexuality); genetic characteristics; national origin; age; marital status; citizenship status; physical or mental disability (whether perceived or actual); medical condition; military/veteran status; or any other basis protected by law. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination, and retaliation in violation of this policy. Protection from discrimination includes protection from retaliation for having taken action either as a complainant, for assisting a complainant in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy.

B. Policy
The City has zero tolerance for any conduct that violates this policy. Conduct need not rise to the level of a violation of law in order to violate this policy. Instead, a single act can violate this policy and provide grounds for discipline or other appropriate sanctions.

If an employee is in doubt as to whether or not any particular conduct may violate this policy, do not engage in the conduct, and seek guidance from a supervisor or the City Manager.

C. Definitions

1. Protected Classifications
This policy prohibits harassment or discrimination because of an individual’s protected classification(s). “Protected Classification” includes race, religion, color, sex, gender identity/expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, genetic characteristics/information, medical condition, physical or mental disability (whether perceived or actual), and military/veteran status.

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

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

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4. Harassment
Harassment means unsolicited words or conduct which subjectively and objectively offend another person. Harassment includes, but is not limited to, the following examples of behavior undertaken because of an individual’s protected classification:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, or graphic verbal commentaries about an individual’s body on the basis of their protected classification. Verbal harassment includes comments on appearance and stories that tend to disparage those of a protected classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a protected classification. Visual harassment includes mimicking the way someone walks or talks because of their protected classification. c. Physical harassment, such as assault, touching, impeding, or blocking movement, grabbing, patting, leering, making express or implied jobrelated threats in return for submission to physical acts, taunting, or any physical interference with normal work or movement based on an individual’s protected classification.
d. Sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, or any of the above described conduct when:
i. Submission to such conduct is either an expressed or implied term or condition of an individual’s employment;
ii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or
iii. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating, or offensive work environment.

By definition, sexual harassment is not within the course and scope of an individual’s employment with the City.

D. Romantic and Sexual Relationships Between Supervisors and Subordinates Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in

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such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.

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

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

F. Reporting Harassment, Discrimination or Retaliation
If an employee believes that they have been unlawfully harassed, discriminated, or retaliated against, the employee should report the issue to their supervisor, any other supervisor for the City, their Department Head, or the City Manager, as soon as possible after the incident. Where possible, a written complaint should be provided to include details of the incident or incidents, names of the individuals involved, and names of any witnesses. Supervisors will refer all harassment complaints to the City Manager. The City will immediately undertake an effective, thorough, and objective investigation of the harassment allegations.

If the City determines that unlawful discrimination, harassment, or retaliation has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the City to be responsible for unlawful harassment will be subject to appropriate disciplinary action, up to and including termination. A City representative will advise all concerned parties of the results of the investigation. The City will not retaliate against an employee for filing a complaint and will not tolerate or permit retaliation against an employee by management, employees, or co-workers based on such actions.

The City encourages all employees to report any incidents of discrimination, harassment, and retaliation forbidden by this policy immediately so that complaints can be quickly and fairly resolved.

Employees should also be aware that the federal Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing

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(“DFEH”) investigate and prosecute complaints of prohibited discrimination, harassment, and retaliation in employment. An employee who feels they have been discriminated, harassed, or retaliated against may file a complaint with the EEOC or the DFEH. For more information about filing a complaint through the DFEH, visit https://dfeh.ca.gov.

To find the nearest EEOC offices, visit https://eeoc.gov/contact/.

G. Sexual Harassment Prevention Training
The City will provide two hours of sexual harassment prevention training to supervisory staff and one hour of such training to nonsupervisory staff within six months of hire or promotion, and every two years after that.

The City will also provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work less than six months. In the case of a temporary employee employed by a temporary services employer to perform services for clients, the training must be provided by the temporary services employer, not the client.

2.04 Lactation Accommodation Policy
It is the policy of the City to provide reasonable accommodations to employees who wish to express breast milk for their infant child during their scheduled work hours. Qualifying employees will receive additional unpaid time beyond their 15-minute compensated rest period for a lactation accommodation. Lactation breaks may be reasonably delayed if they would seriously disrupt Department operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.

An employee may make a request for lactation accommodation, either orally or in writing, to their supervisor or Department Head.

The City will make reasonable efforts to accommodate employees by providing an appropriate and private location to express milk. The City will designate a private area, other than a bathroom, in close proximity to the employee’s work area. Employees occupying such private areas shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.

Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such.

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2.05 Workplace Security
A. Policy
The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action up to and including termination. The City’s workplace security program is described in detail in the City’s Illness and Injury Prevention Program.

B. Prohibited Behavior

1. Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault, and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that resembles workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.

2. Employees engaged in City business are prohibited from carrying weapons in violation of any law or this policy unless weapons are required for performance of the job. Employees who have legal authority to carry a weapon shall notify the Department Head and City Manager in writing of what type of weapon is being carried. Employees who have legal authority to carry weapons violate this policy if they: (1) accidentally discharge or lose their weapon; (2) use, threaten to use, or display the weapon for a job-related reason or; (3) violate any law related to carrying a legal weapon while engaged in City business.

C. Definitions

1. Workplace Violence
Any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following:
a. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property.
b. The destruction, or threat of destruction, of City property or another employee’s property.
c. Harassing or threatening phone calls.
d. Surveillance.

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e. Stalking.
f. Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.) unless specifically required, or authorized and approved by the Department Head and City Manager.

2. Weapons
Firearms, chemical sprays, clubs or batons, knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon, or displayed in such a manner to cause harm or threaten a person with harm.

D. Incident Reporting Procedures

1. Employees must immediately report workplace violence to their supervisor or Department Head. The supervisor or Department Head must report the matter to the City Manager.

2. The City Manager will document the incident, including employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.

3. The City Manager will take appropriate steps to provide security, such as:
a. Placing the employee alleged to have engaged in workplace violence on administrative leave pending investigation;
b. Asking any threatening or potentially violent person to leave the site; or c. Immediately contacting an appropriate law enforcement agency.

E. Investigation
The City Manager will see that reported violations of this policy are investigated as necessary.

F. Management Responsibility
Each Department Head has authority to enforce this policy by:

1. Training supervisors and subordinates about their responsibilities under this policy;

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2. Assuring that reports of workplace violence are documented in an accurate and timely manner;

3. Notifying the City Manager and/or law enforcement authorities of any incidents;

4. Making all reasonable efforts to maintain a safe and secure workplace; and

5. Maintaining records and following up on workplace violence reports.

G. Follow-Up and Disciplinary Procedures
An employee found to be in violation of this policy will be subject to disciplinary action up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found to be in violation of this policy may be subject to criminal prosecution.

2.06 Drug and Alcohol Free Workplace
A. Purpose
The purpose of this policy is to outline the City’s standards and procedures for dealing with employee alcohol and drug abuse.

Alcohol and drug abuse may pose safety and health risks to the employee and others, have a negative effect on work quality, productivity, and efficiency, and result in danger to or loss of equipment or property. To provide a safe, healthful, and efficient work environment, the City requires its employees to report for work fit to perform their job duties. To this end, the City has established the following policy and procedures dealing with employee alcohol and drug abuse.

B. Policy

1. The manufacture, distribution, dispensation, possession, sale, transport, or use of drugs, drug paraphernalia, or look-alike simulated drugs is prohibited while on the job, on City property, while operating City vehicles or other equipment, or while conducting City related business, regardless of location.

2. The unauthorized use of alcoholic beverages is prohibited while on the job, on City property, while operating City vehicles or other equipment or while conducting City related business, regardless of location.

3. City employees are prohibited from working or being subject to call in if impaired by alcohol, drug, any controlled substance, intoxicant or other substance (including medically prescribed authorized drugs) which will in

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any way affect their work performance, alertness, coordination, response, or affect the safety of themselves or others on the job.

4. An employee must notify their supervisor before beginning work when taking medications or drugs (prescribed or over the counter) which could interfere with the safe and effective performance of duties or operation of City equipment. It is the employee’s responsibility to find out from their physician whether the prescribed or over the counter drug may impair their job performance. The City reserves the right to require any employee using prescription or over the counter drugs to provide a physician’s certification that the use of the drug will not impair the ability of the employee to do their job properly and safely. If an employee is so impaired by the appropriate use of prescribed or over the counter drugs, they may not report to work. To accommodate the absence, the employee may use accrued sick leave or vacation time.

5. Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.

6. Employees who hold safety-sensitive positions are subject to requirements contained in this policy as well as the U.S. Department of Transportation (“DOT”) regulations regarding drug and alcohol programs and testing.

C. Scope of Policy
This policy applies to all City employees when they are on City property or when performing City-related business elsewhere.

D. Definitions

1. Alcohol
Beer, wine, and all forms of distilled liquor containing ethyl alcohol. Reference to use or possession of alcohol includes use or possession of any beverage, mixture, or preparation containing ethyl alcohol.

2. Drug
Any substance (other than alcohol) that has known mind or function-altering effects on a human subject, specifically including psychoactive substances and including, but not limited to, substances prohibited or controlled by California and federal controlled substance laws.

3. Possess
To have on one’s person or in one’s personal effects or under one’s control.

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4. “Under the influence” or “impaired”
Means that an employee is affected by a drug or alcohol, or the combination of a drug and alcohol. The symptoms of influence and/or impairments are not confined to those consistent with misbehavior, or to obvious impairment of physical or mental ability such as slurred speech or difficulty in maintaining balance. A determination of use, influence, and/or impairment can be established by a professional opinion, urine, blood, hair or any other commonly used and scientifically valid tests. An employee will be presumed to be under the influence or impaired whenever the presence of drug or alcohol in any amount is detected in a substance abuse test administered under the terms of this policy. Any employee who refuses to be tested or fails in any manner to cooperate when requested to participate in the testing process will be subject to disciplinary action including the possibility of immediate termination without further notice or warning.

E. Searches
In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City, or joint control of the City and employees. No employee has any expectation of privacy in any City building, property, or communications system.

F. Drug and Alcohol Testing
Except as provided otherwise in an MOU, or as modified for employees who are required to participate in the City’s federally mandated commercial driver’s license holders drug/alcohol testing education program, the City has discretion to test a current employee for alcohol or drugs in the following instances:

1. Pre-Employment Testing
Each applicant who is given a conditional offer of employment must submit to and pass a test for the presence of illegal drugs and/or alcohol. This practice is designed to avoid the hiring of individuals whose use of drugs or alcohol indicates the potential for impaired or unsafe job performance. The preemployment drug and/or alcohol testing will be administered with a urine or hair sample and conducted by a professional medical staff and laboratory. All offers of employment are conditional upon the successful completion of this testing process.

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2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those persons reasonably suspected of using or being under the influence of a drug or alcohol at work. Testing must be approved by the City Manager, the employee’s Department Head, or a designee. “Reasonable suspicion” is based on objective factors, such as behavior, speech, body odor, appearance, or other evidence of recent drug or alcohol use which would lead a reasonable person to believe that the employee is under the influence of drugs or alcohol. In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the City Manager or Department Head. If there is a reasonable suspicion of drug or alcohol abuse, the employee will be relieved from duty and placed on paid leave until the test results are received.

3. Post-Accident Testing
The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the “reasonable suspicion” factors described above are present.

4. Department of Transportation (DOT) Random Drug and Alcohol Testing For Safety-Sensitive Positions
Employees working in “safety-sensitive” positions will be subjected to randomly selected, unannounced testing. The random selection will be by a scientifically valid method. Each safety-sensitive employee will have an equal chance of being tested each time selections are made. Safety-sensitive employees will be tested either just before departure, or during duty, or just after the safety-sensitive employee has ceased performing their duty.

G. Refusal to Submit to Testing
Any employee who fails to consent to testing when requested to do so will be considered insubordinate and may be subject to disciplinary action including immediate termination.

H. Employees’ Responsibilities
A City employee must:

1. Not report to work or be on standby or on-call status while their ability to perform job duties is impaired due to on or off duty alcohol or drug use;

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2. Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location;

3. Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time, or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;

4. Notify their supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment;

5. Notify the Department Head of any criminal conviction for a drug violation that occurred in the workplace within no more than five days after such conviction;

6. Notify a supervisor immediately of facts or reasonable suspicions when they observe behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others; and

7. Consent to drug or alcohol testing and searches.

I. Management Employee Responsibilities
City management employees must:

1. Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract;

2. Record factors supporting “reasonable suspicion” as defined in subsection D(2) above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy;

3. Take appropriate disciplinary action for any criminal drug statute conviction that occurred in a City workplace, up to and including termination, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; and

4. Take appropriate disciplinary action for any violation of this policy.

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J. Drug-Free Awareness Program
The following is the City’s drug-free awareness program:

1. Distribution of a brochure on the dangers of drug abuse to each City employee and volunteer; and

2. Notification to each City employee and volunteer of the availability of counseling and treatment of drug-related problems through the City’s Employee Assistance Program provider.

K. Employee Assistance Program
The City’s Employee Assistance Program (EAP) provides help to employees who have alcohol and/or drug programs. However, it is the responsibility of the employee to seek assistance from the EAP before alcohol and/or drug problems impair job performance or lead to disciplinary action that can include immediate termination for a first offense.

The procedure for using the City’s EAP is generally summarized as follows:

Any City employee may confidentially contact the City Manager at home or at work and advise that they have a drug and/or alcohol usage problem in which case the City will not discharge or otherwise discipline the employee for such violation of the City’s Drug and Alcohol Policy described herein, PROVIDED the employee is able to perform the essential functions of their job and agrees in writing to the following:

1. The employee demonstrates and continues to demonstrate a genuine desire to rehabilitate and agrees to enroll in and complete a drug rehabilitation program approved by the City Manager. The employee is to pay for any rehabilitation costs, over and above available insurance, if any.

2. The employee agrees to provide testing following completion of the EAP.

Testing will be every 60-90 days or as deemed necessary by the City Manager.

3. If the employee does not perform under (1) or (2), as required by the City Manager, they will be discharged.

To the extent legally possible, the City will keep such drug/alcohol usage and rehabilitation agreements confidential.

These are only the basic provisions of an EAP. The City Manager will work with anyone who volunteers for rehabilitation in developing a more detailed program that specifically addresses the individual’s needs and circumstances.

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L. Violations
Violations of this policy or failure to cooperate fully with any request for inspection or testing may result in disciplinary action up to and including immediate termination. The City will pay the full cost of any testing required of an applicant or employee, including the cost of any transportation to and from the designated testing facility.

2.07 Conflicts of Interest/Outside Employment
Employees are expected to devote their full time, attention, and efforts to their work during hours of duty as City employees. An employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to their duties as a City employee. Employees are not permitted to participate in the following activities during or outside of working hours:

1. Activities involving the use, for private gain or advantage, of City time, facilities, equipment, supplies, City ID card, uniform, prestige, or influence of one’s City office or employment.

2. Activities involving receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course of their City employment or as a part of their duties as a City employee.

3. Activities involving the performance of an act other than in their capacity as a City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the Department by which the employee is employed.

4. Activities involving conditions or factors which would probably, directly or indirectly, lessen the efficiency of the employee in their regular City employment or conditions in which there is a substantial danger of injury or illness to the employee.

5. Activities involving use or access to confidential information available by virtue of City employment for private gain or advantage or providing confidential information to persons to whom issuance of this information has not been authorized.

6. Use of City-owned equipment, cars, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City in conjunction with outside employment or any activity for compensation. In addition, no employee shall allow any unauthorized person to rent, borrow, or use any of the items discussed above.

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7. Any activity that is contrary to existing state or federal conflict of interest laws.

Employees who wish to engage in outside employment that may create a real or apparent conflict of interest must submit a written request to the City Manager explaining the details of the outside employment. If the outside employment is authorized, the City assumes no responsibility for it. The City shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of such additional employment. Authorization to engage in additional outside employment may be revoked at any time.

Any violations of this policy respecting outside employment or activity and use of City property shall constitute sufficient grounds for disciplinary action, up to and including termination.

2.08 Employee Political Activities
The political activities of City employees shall conform to pertinent provisions of state law.

2.09 Request for Assistance from Private Citizen
Under no circumstances shall a City employee request or authorize a private individual to assist in any manner in the performance of the employee’s job functions or duties, except for volunteers or law enforcement personnel engaged in an emergency.

2.10 Gifts or Payments
Employees of the City are prohibited from:

1. Accepting any gift or gratuity in their professional capacities, including but not limited to, money, service, favors, discounts, promises, and/or objects of value from any person, firm, corporation, or other governmental entity.

2. Using their official position with the City to solicit special privileges for themselves or others, including discounts on goods or services.

Tokens of appreciation or modest gifts given in appreciation for services rendered such as flowers, candy, homemade foods and similar items may be accepted on behalf of the entire affected City Department subject to the employee immediately notifying their supervisor and placing the item in a common area of the employee’s Department to be shared and/or appreciated by all Department employees.

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2.11 Personal Conduct
Employees may not engage in off-duty conduct which violates the Conflicts of Interest/Outside Employment Policy in this Employee Handbook, undermines the employee’s or the City’s credibility with the public, or impacts the employee’s job performance for the City.

2.12 Smoking
Smoking shall not be permitted inside any workplace, meeting room, classroom, or restroom of any City facility, or within 20 feet of main entrances, exits, and operable windows of any City building. Smoking shall not be permitted in any City vehicle.

2.13 Dress and Grooming Standards
The professional atmosphere and the image of the City is maintained, in part, by the image that employees present to the public. Employees of the City are required to dress appropriately for the jobs they are performing. Failure to follow the dress standards contained in this section shall be grounds for discipline.

1. All clothing must be neat, clean and in good repair.

2. Prescribed uniforms and safety equipment must be worn when required.

3. Footwear must be appropriate for the work environment and functions or duties being performed.

4. Hair must be neat, clean, and well groomed.

5. Beards, mustaches and sideburns must be maintained in a neat and wellgroomed fashion.

6. Reasonably-sized jewelry is acceptable except in areas where it constitutes a health or safety hazard.

7. Good personal hygiene is required.

8. Dress must be appropriate to the work setting, particularly if the employee deals with the public.

2.14 Tattoo and Piercing Policy
A. Tattoos
The City’s general policy regarding tattoos is as follows:

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1. No tattoos are allowed anywhere on the head, face, or neck.

2. Any visible tattoos cannot be obscene, sexually explicit, discriminatory as to sex, race, religion, or national origin, extremist, or gang-related.

3. No visible tattoos shall be larger than four by six inches.

4. Any non-conforming tattoos must be covered with clothing or a bandage while at work.

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

B. Piercings
The City’s general policy regarding piercings is set forth below:

1. No objects, articles, jewelry, or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that an employee may wear one set of reasonablysized earrings in the ear lobes.

2. Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear plastic spacer.

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

2.15 Communication and Technology Policy
A. Purpose
The City provides a variety of electronic communication resources such as telephones, cellular telephones, computers, facsimile machines, pagers, electronic mail (e-mail) systems, and internet access for employees whose job performance is effectively enhanced by the use of such technologies. The challenge is making maximum use of the benefits of such resources, meeting legal requirements for access to information, and providing adequate protection for proprietary information. This policy governs access to and the appropriate and effective use of City-provided electronic communication resources at all times, including work and non-work time, by City employees, consultants and/or contractors.

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B. Scope
This policy applies to all users of electronic communication resources of City owned, leased, or managed networks, equipment, or services.

C. Policy
The City is the legal owner and operator of all electronic communication resources owned, leased, or managed by the City.

The City recognizes that principles of shared governance, freedom of speech, and privacy hold important implications for the use of electronic communication resources.

This policy reflects these principles within the context of the City’s legal, management, and other obligations.

The City’s electronic communication resources may be monitored and searched at any time and for any reason. Messages sent or received on City equipment including cellular telephones may be saved and reviewed by others. As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.

1. Personal Use of Electronic Communication Resources
Employee access to and use of electronic communication resources is intended for business-related purposes. Limited and reasonable use of these tools for occasional employee personal purposes is permitted, provided that such use:
a. Is kept to a minimum and limited to break times or non-work hours; b. Does not have any impact upon other City employees or operations; c. Is not abusive, illegal, or inappropriate; and
d. Does not result in any additional costs or loss of time or resources for the City.

2. Inappropriate and Prohibited Uses of Electronic Communication Resources Inappropriate use of the City’s communication systems may result in discipline, up to and including termination. The following are examples of inappropriate and prohibited uses of the City’s communications systems:
a. Exposing others, either intentionally or unintentionally, to material which is offensive, obscene, or in poor taste;

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b. Any use that would be offensive to a reasonable person because it involves an individual’s race, religion, color, sex, gender identity/expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, genetic
characteristics/information, medical condition, physical or mental disability (whether perceived or actual), and military/veteran status; c. Communication of confidential City information to unauthorized individuals within or outside the City;
d. Sending messages with content that conflicts with any City policies, rules or applicable laws;
e. Unauthorized attempts to access City data or systems; f. Theft or unauthorized copying of electronic files or data; g. Initiating or sustaining chain letters; and
h. Intentionally misrepresenting one’s identity for improper or illegal acts.

3. Standards of Excellence in the use of Electronic Communication Resources All employees are expected to adhere to the Standards of Excellence in the Use of Electronic Communication Resources Policy (“Standards of Excellence Policy”) set forth below as it relates to the use of electronic communication resources, and to follow all federal and state statutes related to the use of electronic communication resources. This Standards of Excellence Policy applies to all electronic communication resources as well as to other forms of communication and activity.
a. All electronic communication messages and voice mail messages should acknowledge receipt if additional time is required for a complete response. Telephone messages and automatic responses should be updated to reflect the employee’s status as “out of the office,” “on vacation,” etc.
b. Electronic mail should adhere to the same standards of conduct as any other form of mail. Employees must respect individuals they contact electronically by avoiding distasteful, inflammatory, harassing, or otherwise unacceptable comments. Harassment of any form will not be tolerated.
c. Respect the privacy of others and their accounts. Do not access or intercept files or data of others without permission. Do not use the password of others or access files under false identity.

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d. Electronic communication resources may be subject to the California Public Records Act and therefore subject to disclosure. e. Remember that employees are responsible for all activity involving employees’ accounts. Employees’ accounts must be secure and private.

Employees must not use identifying data or common words as a password. Employees’ passwords should be difficult to crack or otherwise guess either by individuals or by sophisticated computer programs.
f. The City is the custodian of a wide array of personal and financial data and only those with authorization may access, communicate, or use confidential information for official City purposes.

2.16 Use of City Property and Equipment
City property is to be used only for conducting City business unless otherwise authorized. City property includes, but is not limited to: telephones, cellular telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as email and voicemail), vehicles, and any other property used by City employees in their work.

Employees do not have a reasonable expectation of privacy in City property or equipment. Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment.

City property must be maintained according to City rules and regulations. It must be kept clean and is to be used only for work-related purposes. The City reserves the right to inspect all City property to ensure compliances with its rules and regulations, without notice to the employees and at any time, not necessarily in the employee’s presence, to the extent allowed by law.

City voice mail and/or electronic mail (e-mail) are to be used for business purposes only. The City reserves the right to monitor voice mail messages and e-mail messages to ensure compliances with this rule, without notice to the employee and at any time, not necessarily in the employee’s presence, to the extent allowed by law.

No personal lock may be used on City-provided lockers unless the employee furnishes a copy of the key or the combination to the lock to the City Manager. Unauthorized use of a personal lock by an employee may result in losing the right to use a City locker.

The City may periodically need to assign and/or change “passwords” and personal codes for voice mail, e-mail, computer, etc. These communication technologies and related storage media and databases are to be used only for 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 may at any time override any such password system.

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Prior authorization must be obtained before any 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, and with or without the employee’s prior consent, to the extent allowed by law.

Terminated employees should remove and personal items at the time they leave City service. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee’s termination.

2.17 Off-Duty Use of Facilities
Employees are prohibited from remaining on City premises or making use of City facilities while not on duty. Employees are expressly prohibited from using City facilities, City property, or City equipment for personal use.

2.18 Ergonomics
The City strives to comply with Cal/OSHA ergonomics standards for minimizing workplace repetitive motion injuries. The City will make necessary adjustments to reduce exposure to ergonomic hazards through modifications of equipment and processes, and employee training. This City encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines.

The City believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being, and is essential to our business. The City intends to provide appropriate resources to create a risk-free environment.

If employees have any questions about ergonomics, they may contact the City Manager.

2.19 Solicitation and Distribution of Literature
In order to ensure efficient operation of the City’s business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on City property. The City has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply with these rules. Any employee who is in doubt concerning the application of these rules should consult with their supervisor.

No employee shall solicit or promote support for any cause or organization during their working time or during the working time of the employee or employees at whom such activity is directed, that violates the above-noted rules.

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No employee shall distribute or circulate any written or printed material in work areas at any time, or during their working time or during the working time of the employee or employees at whom such activity is directed, that violates the above-noted rules.

Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on City property that violates the above-noted rules.

2.20 Parking
Employees may park their vehicles in designated areas, if space is available. If space is unavailable, employees must park in permissible public areas in the vicinity of City property. Employees may not use parking areas specifically designated for taxpayers, customers, vendors, City vehicles, managers, or administrators. The City is not responsible for any loss or damage to employee vehicles or contents while parked on City property.

2.21 Employees Who are Required to Drive
Employees who are required to drive a City vehicles or their own vehicle on City business will be required to show proof of current valid driving license and current effective insurance coverage before the first day of employment.

The City participates in a system that regularly checks state Department of Motor Vehicles (DMV) records of all employees who drive as part of their job.

The City retains the right to transfer to an alternative position, suspend, or terminate an employee whose license is revoked, who fails to maintain personal automobile insurance coverage, or who is uninsurable under the City’s policy.

Employees who drive their own vehicle on City business will be reimbursed at the IRS mileage rate in effect at the time. Employees must keep a mileage log and submit a written request for reimbursement by the first (1st) of each month with a copy of the applicable mileage log entries attached.

Public safety employees that live within 30 miles of the Police Department may, with the permission of the City Manager, use City vehicles to drive to and from work.

Employees who elect to use City vehicles to drive to and from work must reimburse the City at the IRS mileage rate in effect at the time the vehicle is used. Employees must keep a mileage log and sign an agreement stating that they agree to have the mileage reimbursement deducted directly from their paycheck.

2.22 Reimbursement of Employee Expenses
The City reimburses employees for business expenses on the Friday following the first City Council meeting of each month. Employees who have expense accounts or who

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have incurred business expenses must submit required receipts and the appropriate form to the City Manager no later than the first (1st) of each month.

Employee expenses incurred as related to travel will be reimbursed in accordance with the guidelines set forth in the City’s Travel Policy and Procedure. Employees can contact the City Manager to review the current Travel Policy and Procedure.

2.23 Bulletin Boards
The City maintains bulletin boards located at City workplaces. These bulletin boards are used to provide information to employees concerning various work-related topics.

Employees may not post items on City bulletin boards unless the following conditions are met:

1. Postings may be made by City employees only;

2. The information to be posted must first be approved by the City Manager;

3. Postings are limited to 8-1/2 x 11 inches in size; and

4. Postings are dated.

Bulletin boards will be updated every six months, including but not limited to, the removal of any employee postings more than six months old.

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

2.25 Housekeeping
All employees are expected to keep their work areas clean and organized. People using common areas such as lunchrooms, locker rooms, and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.

2.26 Customer Relations
Employees are expected to be polite, courteous, prompt, and attentive to each other and those we serve. When an employee encounters an uncomfortable situation that they do not feel capable of handling, the City Manager should be called immediately.

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Ours is a service business and all of us must remember that City residents always come first. Taxpayers ultimately pay all of our wages. Remember, while the customer is not always right, we must be courteous.

Residents of the City are to be treated courteously and given proper attention at all times. Never regard a taxpayer’s question or concern as an interruption or an annoyance. Employees must respond to inquiries from residents, whether in person or by telephone, promptly and professionally.

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.

The employee, through their conduct, must show their desire to assist the other person in obtaining the help they need. If the employee is unable to help, they should find someone who can.

All correspondence and documents, whether to residents or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates employees’ commitment to those with whom the City business.

An employee should never argue with a taxpayer or other people on the job. If a problem develops, or if a person remains dissatisfied, the employee should ask their supervisor, the Department Head, or the City Manager to intervene.

2.27 Confidentiality
Each employee is responsible for safeguarding confidential information obtained during employment. In the course of work for the City, employees may have access to confidential information regarding the City, its suppliers, its taxpayers, or perhaps even fellow employees. Employees have responsibility to prevent revealing or divulging any such information unless it is necessary for the employee to do so in the performance of their duties. Access to confidential information should be on a “need-to-know” basis and must be authorized by a supervisor. Any breach of this policy will not be tolerated and legal action may be taken by the City.

2.28 News Media Contacts
Employees may be approached for interviews or comments by the news media. No employee may comment on City policy or decisions unless expressly authorized to do so by the City Manager.

2.29 Health and Safety
All employees are responsible for their own safety, as well as that of others in the workplace. To help the City maintain a safe workplace, everyone must be safetyconscious at all time. Report all work-related injuries or illnesses immediately to a

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supervisor, the Department Head, or the City Manager. In compliance with California law, and to promote a safe workplace, the City maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the City Manager’s office.

In compliance with Proposition 65, the City will inform employees of any know exposure to a chemical known to cause cancer or reproductive toxicity.

2.30 Meal and Rest Periods
The City reserves the right to provide meal and rest periods to employees at its discretion based on operational needs.

1. Meal Periods
Non-exempt employees who work at least an eight-hour workday will be provided up to a one-hour uncompensated meal period. A 30-minute uncompensated meal period will be provided to non-exempt employees who work more than five hours, but less than eight hours during the workday. Employees are responsible for taking their meal period at a time designated by their supervisor. A meal period may not be used to cover tardiness or shorten the workday. Employees shall return, on time, as scheduled, from their meal period and must immediately notify their supervisor if they will be late.

Employees must obtain advanced approval from management to extend or advance their normal rest or meal period.

2. Rest Periods
A 15-minute paid rest period (not including restroom breaks) will be provided to non-exempt employees for each four-hour period of work. The rest period shall be taken at a time designated by the employee’s supervisor. Rest periods may not be combined to shorten the workday or to extend the meal period, and may not be used to cover tardiness. Employees are expected to return, on time, as scheduled, from rest periods/breaks and to contact management immediately if they will be late.

3. Cleanup Time
Subject to the discretion of the supervisor, non-exempt employees may be provided with up to 15 minutes of cleanup time during the first 15 minutes of the employee’s shift and/or the last 15 minutes of the shift to perform activities such as cleaning up a work area, putting away tools, personal wash up, and changing of clothes.

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SECTION 3

EMPLOYMENT, SELECTION, AND APPOINTMENT

3.01 Announcement
All examinations for classes in the competitive service shall be publicized by such methods as the City Manager deems appropriate. Special recruiting shall be conducted, if necessary, to ensure that all segments of the community are aware of the forthcoming examinations. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the manner of making application; and other pertinent information.

3.02 Application Form
Applications to the City shall be made as prescribed on the examination announcement.

Application forms shall require information covering training, experience, education, and other pertinent information. All applications must be completed in full and signed by the person applying. Incomplete or unsigned applications are subject to rejection by the City.

3.03 Selection Criteria and Ineligibility or Disqualifications A. Selection Techniques
The selection techniques that will be used for any particular position are solely within the discretion of the City Manager.

B. Grounds for Rejection of An Application for Employment The City Manager may reject an application for employment with the City if the applicant:

1. Lacks of any of the requirements, certifications, or qualifications established for the position;

2. Is a current user of illegal drugs;

3. Has made false statements of any material fact, or practiced any deception or fraud on the application or declarations;

4. Has had their privilege to operate a motor vehicle in the State of California suspended or revoked if driving is required for the position sought;

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5. Failed to submit the employment application correctly or within the prescribed time limits;

6. Is physically or mentally unable to perform the essential functions of the job with or without reasonable accommodation;

7. Used or attempted to use political pressure or bribery to secure an advantage in the application process;

8. Directly or indirectly obtained confidential information regarding examinations;

9. Is a relative or romantic partner of an employee and is subject to the Employment of Relatives Policy in this Employee Handbook; or

10. For any material cause which in the judgment of the City Manager would render the applicant unsuitable for the position, including a prior resignation from the City, or a significant disciplinary action in a prior position.

C. Criminal Conduct – Ineligibility for Employment
Conviction, including pleas of guilty and no contest, of a felony shall be prima facie disqualification of an applicant for employment; provided, however that the City Manager may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such determination, the City Manager shall consider the following factors:

1. The class, including sensitivity, to which the person is applying or being certified and whether the class is unrelated to the conviction;

2. The nature and seriousness of the offense resulting in the conviction;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of conviction;

6. The presence or absence of rehabilitations or effort at rehabilitation; and

7. Contributing social or environmental conditions.

An applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony.

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3.04 Examination Process
The selection techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of the City Manager, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests.

The probationary period shall be considered as a portion of the examination process.

Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements.

A. Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the City Manager, the needs of the City require. Promotional examinations may include any of the selection techniques mentioned in this subsection, or any combination of them.

Only regular or probationary employees who meet the requirements set forth in the promotional examination announcement may compete in promotional examinations.

B. Open-Competitive Examinations
Open-competitive examinations may be administered periodically for a single class as the needs of the City required. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in subsection 3.05 of this Employee Handbook.

C. Conduct of Examinations
The City Manager may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such contract, the City Manager shall see that such duties are performed. The City Manager shall arrange for the use of public buildings and equipment for the conduct of examinations.

D. Scoring Examinations and Qualifying Scores

1. In the event that an examination is given as part of the selection process, a candidate’s scores shall be the average of their scores on each competitive part of the examination, weighed as shown in the examination announcement. Failure in one part of the examination, or failure to meet established standards described in the job announcement, may be grounds

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for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination.

2. The City Manager may, at their discretion, include as a part of the examination, tests which are qualifying only.

E. Notification of Examination Results and Review of Papers Each candidate in an examination shall be given notice of the results thereof, and if successful, of the final earned score and/or rank on the employment list.

All candidates shall have the right to inspect their own test answer sheet within five working days after the service of notice of their examination results. Any error in computation, if called to the attention of the City Manager within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made.

3.05 Employment Lists
A. Eligibility Lists

1. Preparation
Within a reasonable time after successful completion of all phases of the City’s recruitment process the City Manager shall prepare and keep available an Eligibility List consisting of the names of applicants, in alphabetical order, who passed the subject open-competitive examination. This list shall become effective upon its certification by the City Manager. If there are less than three (3) names on the Eligibility List, the City Manager may declare the list void and fill the position(s) by any method permitted in this Employee Handbook, including, but not limited to, undertaking new recruiting or testing procedures.

2. Duration
Eligibility Lists may remain in effect for six months after the last administration of the examination, unless the list is exhausted, or unless the list is extended prior to expiration by the City Manager. The City Manager may extend any such list for additional periods, but in no event shall an Eligibility List remain in effect for more than one year.

B. Promotional Lists
Promotional lists shall remain in effect for one year, unless the list is exhausted or abolished by the City Manager.

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C. Re-Employment Lists

1. Employees who are demoted as a result of a layoff will have their names placed on appropriate Re-Employment Lists in order of seniority. Vacant positions within these employees’ prior classifications and for which they are qualified will first be offered to employees on this list.

2. The names of probationary and regular employees who have been laid off may be placed on appropriate Re-Employment Lists in order of total continuous cumulative time served in probationary and regular status. Such names may remain on the list for one year unless such persons are rehired sooner.

3. When a Re-Employment List is to be used to fill vacancies, the City Manager shall certify on the top of such list the number of names equal the number of vacancies to be filled and shall appoint such persons to fill the vacancies. Any person who is selected from the list to fill the vacancy and refuses the assignment will be removed from the list without right of hearing, grievance, or appeal.

D. Removal of Names From Employment Lists
Persons may be removed from Eligibility or Promotional Lists for the following reasons:

1. The eligible person requests in writing that their name be removed;

2. The eligible person fails to respond to notices or other documents mailed to their last known address; or

3. A current City employee whose name is on a Promotional List resigns from City service.

It will be the responsibility of such persons to keep the City Manager informed of their current address and telephone number. Any such person whose name is removed from an Employment List shall be notified of the same by written notice mailed to their last known address.

3.06 The Filling of Vacancies
A. Method

1. If a class vacancy in the competitive service needs to be filled, the respective Department Head shall notify the City Manager as required by the City Manager and this Employee Handbook.

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2. If a Re-Employment List is not available for the vacant class, the City Manager shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, or appointment from an Eligibility or Promotional List certified by the City Manager as set forth in this Employee Handbook.

3. In the absence of acceptable persons eligible for appointment in the manner herein described, provisional appointments may be made in accordance with the Personnel Ordinance and this Employee Handbook.

4. The positions of Department Head, and those positions more senior than Department Heads, will normally be filled by direct appointment by the City Manager. The City Manager is appointed by the City Council.

5. Nothing in this Employee Handbook shall require the City Manager to fill any vacancy in the competitive service which may occur. The City Manager has the discretion to recommend to the City Council that a vacant position be eliminated. The City Manager may also recommend to the City Council that an alternative position or positions be created in place and instead of the vacant position. However, nothing within this Employee Handbook shall require the City to replace any vacant position with any alternative position or positions.

B. Certification of Eligibility or Promotional Lists
If it is not possible to fill the class vacancy by Re-Employment or the City Manager does not consider it in the City’s best interest to fill the class vacancy by reinstatement, transfer, or demotion, certifications shall be made from an appropriate Employment List, provided eligible applicants are available.

When the City Manager requests a vacancy be filled by appointment from an Eligibility or Promotional List, they should certify from the specified list the names of all individuals willing to accept appointment. Whenever there are fewer than three individuals willing to accept appointment from an Eligibility or Promotional List, the City Manager may make an appointment from among such eligible applicants or may decide to establish a new list. If the City Manager decides to establish a new Employment list, a new examination shall be held in accordance with this Employee Handbook.

C. Appointment From Certified Employment List
The City Manager shall make appointments from among the top three candidates on the relevant certified Employment List. The person accepting appointment shall report to the City Manager or the City Manager’s designated representative for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the City Manager shall prescribe, the applicant shall

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be deemed to be appointed; otherwise, such individual shall be deemed to have declined the appointment.

D. Provisional Appointments
In the absence of individuals eligible or willing to accept appointment from any of the Employment Lists, a provisional appointment may be made by the City Manager. The person who is provisionally appointed to fill the class vacancy shall meet the training and experience requirements for the position.

Provisional appointments may be made during the period of suspension of any employee or pending final action on proceedings to review suspension, demotion, or discharge of an employee.

Provisional appointments may also be made under other circumstances that the City Manager deems to be for the good of the City’s competitive service.

A provisional appointee may be removed at any time without rights to any grievance, hearing, or appeal.

A provisional appointee shall accrue the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the City, the time served as a provisional appointee shall be counted as time toward the fulfillment of the required probationary period.

3.07 Employment of Relatives and Romantic Partners
For the purposes of this subsection, “relatives” shall mean children, siblings, parents, in-laws, and step-relatives, and “romantic partner” shall mean two people who are legally married, two people who are registered domestic partners, as that term is defined by California Law, Family Code section 297 et seq., or two people who are cohabitating in a romantic relationship.

Any romantic partner or relative of any City Councilmember or Department Head shall not be appointed to any position, whether full or part-time on the City payroll.

Appointments to commissions, committees, and boards are excluded from this section.

Any romantic partner or relative of any full-time or permanent part-time employee shall not be appointed to any position, whether full-time or part time, in the same Department in which the related employee works.

Any romantic partnership formed in violation of this section shall result in the resignation, termination, or transfer of one of the romantic partners. The choice as to which of the romantic partners shall resign, be terminated, or be transferred shall be made by the romantic partners. Notwithstanding any provision in this Employee

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Handbook, any such resignation, termination, or transfer is not considered to be disciplinary and is not subject to any grievance, hearing or appeal.

3.08 Minimum Employment Age
All persons who are selected for regular or provisional employment by the City must be at least 18 years of age. All persons who are selected for temporary employment by the City must be at least 15 years of age. Applicants may be asked to provide proof of age.

Persons employed under the age of 18 must provide a valid work permit and may not be assigned to hazardous duties as defined by state and federal law.

3.09 Fitness For Duty Examinations
After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment, as set out in subsection 8.04 of this Employee Handbook.

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SECTION 4

TRANSFER, PROMOTION, AND REINSTATEMENT

4.01 Transfer
No person shall be transferred to a position for which that person does not posses the minimum qualifications. Upon approval by the City Manager, an employee may be transferred at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires substantially the same basic qualifications.

If the transfer involves a change from one class to another, Department Heads must consent thereto unless the City Manager provides otherwise. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance or this Employee Handbook.

4.02 Promotion
Insofar as consistent with the best interest of the City all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a Promotional List established.

If, in the opinion of the City Manager, it is in the best interests of the City, a vacancy in the position may be filled by an open competitive examination instead of promotional examination, the City Manager shall arrange for an open-competitive examination and for the preparation and certification of an Eligibility List.

4.03 Reinstatement
With the approval of the City Manager, any employee who has completed at least six months of service and who has resigned with a good record may be reinstated within six months of the effective date of resignation, to a vacant position in the same or comparable class. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class.

The break in service time will be deducted from the employee’s original service date for purposes of the following:

1. Seniority date.

2. Vacation accrual.

3. Sick leave accrual.

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4. Retirement.

Employees whose break in service is less than the required waiting period for health benefits will be reinstated into the health benefit plan in which they were enrolled prior to their resignation, so long as such reinstatement is not in conflict with applicable contract(s) the City has with its benefits providers.

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SECTION 5

PERFORMANCE EVALUATIONS, PROBATIONARY PERIOD, AND

SENIORITY

5.01 Performance Evaluations
A. Policy
It is the policy of the City that regular reports be made as to the efficiency, competency, conduct, and merit of its employees. To this end, it is declared to be the responsibility of the City Manager, the Department Heads, and their subordinate supervisors that these reports be made. It is also declared that it is the responsibility of the City Manager to provide and prescribe the forms and procedures to be used in such reports of performance and to assist in the training of supervisory personnel of the City so that the program of performance reporting will be carried on in a sound and effective manner.

B. Schedule

1. Probationary Employees
Performance evaluation reports shall be prepared and a copy submitted to the City Manager every six months for probationary employees. The City reserves the right to conduct performance evaluations on a more frequent basis during the probationary period.

2. Regular Employees
Each year a performance evaluation report for regular employees shall be prepared within 30 days prior to the employee’s anniversary date. A copy shall be submitted to the City Manager.

In addition, a supplemental evaluation may be prepared at any time at the discretion of the employee’s supervisor.

C. Authority to Make Reports
The City Manager shall have the authority to make reports of performance, however, they may delegate such authority to subordinate supervisors who are most familiar with the work of the employee to be evaluated. The City Manager shall review and approve all performance evaluations of personnel under their supervision.

D. Review with Employee
Each performance evaluation shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement. The employee

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shall also be encouraged to comment regarding their work performance, either in a written statement attached to the report or orally. The employee shall sign the performance report to acknowledge that they are aware of its contents and has discussed the report with the evaluator. The employee’s signature does not necessarily mean that they fully agree with the content of the report.

E. Distribution of Reports
Reports shall be prepared and a copy shall be given to the employee. The reports shall also be placed in the subject Department’s file, and provided to the City Manager for retention in the employee’s personnel file.

F. Effects of Improvement Needed or Unsatisfactory Ratings Any employee who receives an overall “unsatisfactory” or “improvement needed” rating will not be eligible to participate in any promotional examination until a satisfactory rating is established.

An overall “unsatisfactory” rating shall result in the withholding of any step increases for which the employee may be eligible.

An overall “improvement needed” rating may result in withholding any step increase upon the recommendation of the City Manager.

When an employee receives an overall “improvement needed” or “unsatisfactory” rating, they shall be re-evaluated within three months to document performance. If the employee's performance has improved to such an extent that the City Manager believes it is justified to grant the employee a step increase that was previously withheld, the improvement shall be indicated on the report and the City Manager may specifically recommend the restoration of any step increase which had been withheld, effective the first day of the pay period following the date of the report. The employee’s salary anniversary date shall thereafter be the date of the increase.

5.02 Probationary Period
A. Regular Appointment Following Probationary Period
All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months of actual service to be determined for each class by the City Manager. The City Manager may extend such probationary period up to six additional months. The City Manager shall notify the subject probationary employee, two weeks prior to the termination of any probationary period.

If the service of the probationary employee has been satisfactory to the City Manager, then they shall file a statement in writing to such effect and stating that the retention of such employee in the service is recommended. If such a statement is not filed, the employee will be deemed to be unsatisfactory and their employment terminated at the

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expiration of the probationary period. Where a statement of satisfactory service has not been filed notice of the termination shall be served on the terminated employee by the City Manager after the expiration of the probationary period.

B. Objective of Probationary Period
The probationary period shall be regarded as a part of the selection process. It is a time during which the City determines whether work performance or work-related behavior meets the required standards of the position. Completion of the probation period does not entitle an employee to remain employed by the City for any definite period of time and does not alter the employee’s at-will employment status to be terminated with or without cause and with or without advance notice at any time by the employee or the City.

C. Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the City Manager. Notification of rejection by the City Manager shall be served on the subject probationary employee.

D. Rejection Following Promotion
Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of such probationary period by reason of failure of the City Manager to file a statement that the employee’s services have been satisfactory, shall be reinstated to the position from which the employee was promoted in the manner provided in the Personnel Ordinance and this Employee Handbook for positions in the competitive service. If there is no vacancy in such position, the employee may request to be placed on a Re-Employment List.

5.03 Seniority
A. Qualification

1. A probationary employee shall have no seniority until the employee has completed their probationary period. Upon completion of the probationary period, the employee will acquire seniority from the date of hire.

2. Whenever more than one person is appointed to the same class on the same day, the seniority of each individual will be equal.

B. Loss of Seniority
Seniority shall not be broken by vacations, sick time, any authorized leave of absence, or call to military service.

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All seniority rights shall be lost by an employee if they:

1. Leave City service;

2. Are terminated;

3. Do not return to work when being recalled after a layoff; or

4. Are laid off for one year without being recalled.

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SECTION 6

CLASSIFICATION

6.01 Preparation of Plan
The City will create a classification plan of employee positions. Once the classification plan is created and approved by the City Council, this Section will become operative.

All positions in the City competitive service shall be grouped into classes. Each class shall include those positions substantially similar in duties, authority, and character of work to require similar standards of education, experience, abilities, and personal traits.

The specifications shall include, but not limited to, a list of typical duties and a statement of the minimum qualifications required for appointment.

6.02 Administration and Maintenance of Classification Plan The City Manager or their delegate shall be responsible for the administration and maintenance of the Classification Plan. At least annually, the City Manager shall direct a review of the existing Classification Plan to ensure that it is effectively maintained and that it reflects any significant changes in duties and responsibilities of positions.

Such a review may involve only selected classes or the entire Classification Plan.

6.03 Reclassification
Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be reclassified by the City Manager to a more appropriate class. Reclassifications shall become effective after approval of the City Manager.

6.04 Interpretation of Job Descriptions
Job descriptions are intended to be descriptive and explanatory and not restrictive. They should not be construed as limiting the assignment of duties and responsibilities to any position or modifying the power of any Department Head to assign, direct, and control the work of employees under their supervision. The use of a particular illustration as to duties should not be interpreted to exclude others not mentioned, nor shall any specific omission necessarily mean that such duty is not included.

6.05 Pay Schedule Conformance
No position shall be assigned a salary not in conformance with the pay schedule found in the compensation plan unless the pay schedule for the position is amended with the approval of the City Council.

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SECTION 7

COMPENSATION

7.01 Administration and Review of the Compensation Plan From time to time, the City Manager may recommend to the City Council an appropriate salary range for each class. When the salary range for a class is changed by the City Council, all employees whose positions are affected shall be adjusted to the corresponding salary step in the new range, unless an alternate agreement is reached.

7.02 Compensation Plan Steps
The basic salary range for all classifications shall consist of salary steps ranging from A to F.

A. Step Increases
Step increases are not automatic, but are merit-based and shall be granted for continued improvement and increased service value of an employee, and other pertinent factors as determined by the employee’s Department Head and the City Manager. Step increases shall be made only upon the recommendation of the Department Head concerned, approval of the City Manager, and only where the City budget allows for compensation increases.

Nothing herein prohibits the granting of a step increase to an employee at any time. No step increase shall be made so as to exceed any maximum rate established in the Classification and Compensation Plan for the class to which the employee’s position is assigned.

1. Salary Step A shall be paid at initial employment and may be paid after six months of employment in ranges having an entry-level step, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

2. Salary Step B may be paid after six months at Salary Step A or after one year at Salary Step A, in ranges having an entry level step where the employee has demonstrated satisfactory job progress, and normally increasing productivity and upon recommendation of the Department Head, approval of the City Manager , and only where the City budget allows for compensation increases.

3. Salary Step C may be paid upon completion of one year of employment in Salary Step B where the employee has demonstrated satisfactory job

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progress and productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

4. Salary Step D may be paid upon completion of one year of employment in Salary Step C where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

5. Salary Step E may be paid upon completion of one year of employment in Salary Step D where the employee has demonstrated satisfactory job progress and productivity and upon the recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

6. Salary Step F may be paid upon completion of one year of employment in Salary Step E where the employee has demonstrated satisfactory job progress and productivity and upon the recommendation of the Department Head, approval of the City Manager, and only where the City budget allows for compensation increases.

B. Special Salary Adjustments
A Department Head may recommend to raise a regular employee to a higher range than their base range in recognition of meritorious service, advanced education beyond the requirements of the position they hold, and other extraordinary attributes related to their public service. Such increased compensation is subject to the approval of the City Manager and the availability of budgeted monies.

C. City Manager Discretion
In any case where rigid adherence to the foregoing principles related to salary adjustment would cause a manifest injustice, the City Manager, on recommendation of the Department Head, may make such order relating thereto as in its discretion is proper.

7.03 Application of Salary Ranges and Plan Steps
A. Appointment
Initial appointments shall normally be at the first step of the appropriate salary range.

The City Manager may, at their sole discretion, make an appointment to a position at an appropriate higher salary step when it is difficult to acquire qualified personnel at the starting salary, or when the education or experience of a proposed employee justifies a beginning salary in excess of the first salary step.

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B. Promotion
Any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step he held in his former range in the basic salary schedule. An employee thus promoted is therefor assigned to a new salary anniversary date effective on the date of promotion. An employee who, on their salary anniversary date, is promoted to a class with a higher salary range shall first receive any within range increase to which they are entitled, and then the higher step as provided in this section.

C. Transfer
Any employee who is transferred from one position to another position in the same class, or to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as they previously received and their salary anniversary date shall not change.

D. Re-Employment
An employee re-employed at any step above Step “A” may be advanced to the next higher step in their range no sooner than one year from the anniversary date of their reemployment.

E. Permanent Part-Time Employees
Permanent part-time employees shall be paid the hourly equivalent of the monthly salary paid to a full-time employee in the classification to which they are assigned.

After completing the number of hours in each step that is equivalent to employment at 40-hours per week, a permanent part-time employee may be eligible to advance to the next step in the salary range for the class to which they are assigned. For example, a part-time employee that works 20-hours per week in Step B may advance to Step C after two years, subject to satisfactory job progress and productivity and upon recommendation of the Department Head and approval of the City Manager.

F. Temporary Employees
Temporary employees shall be paid an hourly rate, established by the City Manager, appropriate for the work to be performed and within the amounts budgeted for temporary employee salaries.

G. Demotion
Any employee who is demoted to a position in a class with a lower salary range shall have their salary reduced to the salary step in the range for the lower class which is:

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1. If a disciplinary demotion, to any designated salary step in the lower range which is at least one step less than that received in the salary range for the class from which demoted. A new anniversary date shall be established on the basis of the demotion.

2. If a non-disciplinary demotion, to that salary in the dollar amount they would have received in that lower class if their services had been continuous in said lower class. They shall retain their current anniversary date.

H. Reinstatement
An employee who resigned in good standing may, within six months of their resignation, and upon recommendation of the City Manager, be reinstated in a position in the class in which they had previously served. Upon such reinstatement, their compensation shall be not more than that paid at the step in the salary range they received prior to their separation and their anniversary date shall be based upon the date of reinstatement.

I. Compensation on Change in Range Assignment
Whenever a class is reassigned to either a higher or lower salary range by the City Council, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step in the new range that corresponds to the step they were receiving in the former range and they shall retain the same salary anniversary date. When a salary range reassignment becomes effective on the same date as an employee’s salary anniversary date, they shall first receive any salary range increase to which they are entitled and then receive the corresponding step adjustment.

J. Compensation on Position Reclassification
The salary of an employee in a position that is reclassified shall be determined as follows:

1. If the position is reclassified to a class with the same salary range as the previous class and if the incumbent is appointed to the reclassified position, the salary rate and the salary anniversary date of the employee shall not change. This provision shall also apply to a change of class title.

2. If the position is reclassified to a class with a higher salary range than the previous class, and if the incumbent is appointed to the reclassified position, then the salary of such employee shall be governed by subsection 7.03(B) above.

3. If the position is reclassified to a class with a lower salary range than the previous class, and if the incumbent is appointed to the reclassified position, their salary shall not change. If their salary is greater than the maximum step

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of the lower salary range, their salary shall be “Y” rated until such time as any general cost-of-living increase, inequity adjustment, or other salary increase results in a monthly salary appropriate for the class. The employee’s salary anniversary date shall not change and they shall not be required to serve a new probationary period.

7.04 Compensation For Working on Holidays
Employees who work on a shift basis and who are required to work on a holiday shall be paid at the rate of time-and-one-half the hourly equivalent of their salary. The previous sentence does not apply to employees working in positions requiring 24-hour coverage and who are required to work without regard to holidays.

Employees working in positions requiring 24-hour coverage and who are required to work without regard to holidays will receive holiday pay for each observed City holiday, regardless of whether they are assigned to work on the holiday. These employees will not receive time-and-one-half for working on a holiday.

7.05 FLSA Work Periods
A. Non-Sworn City Employees
Pursuant to the federal Fair Labor Standards Act (“FLSA”), the City has established a seven-day work period that begins on Sunday 12:01 a.m. through Saturday midnight.

B. Sworn Police Department Employees
Pursuant to Section 7(k) of the FLSA, the City has established a 14-day, 86-hour work period for nonexempt sworn police Department employees.

C. Alternate Work Schedules

1. Rules Governing Alternate Work Schedules
The City may operate alternate work schedules which include, but are not limited to, variable daily work hours, flex time, adjusted weekly work schedules, 9/80 and/or 4/10. Any alternate work schedule contemplated under this section by its nature shall not constitute, nor create, overtime, except where required by law under the FLSA. If the City institutes an alternate work schedule which modifies the standard work periods noted above, the City will notify affected employees of any changes to their FLSA work period accordingly. An employee working an alternative weekly work schedule will not be allowed to take an additional day-off or change their flex day.

Employees may request an alternate work schedule which will first be considered by the Department Head. Should the Department Head determine that such

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alternate work schedule is feasible as recommended and does not adversely affect Departmental operations, such proposal may be forwarded to the City Manager for consideration. Upon approval or modification by the City Manager, such alternate work schedule may be initiated.

Upon recommendation of the Department Manager to the City Manager, such alternate work schedules may be terminated or modified. The employee shall be given five work days prior notice of the cancellation or modification of an alternate work schedule. Extensions not to exceed five days may be granted with City Manager approval. The City Manager reserves the sole authority to terminate or modify alternate work schedules.

2. Employees Working a 9/80 Schedule
For employees assigned to a 9/80 schedule, the schedule shall be as follows:

Employees will work four consecutive workdays of nine hours each week Monday through Thursday, and one workday of eight hours every other Friday with a corresponding day off on Friday in the following week.

For employees working the 9/80 work schedule, each employee’s designated FLSA seven-day workweek (168 hours in length) shall begin exactly four hours after the start time of their eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off, which for City employees is Friday. Employees shall not be permitted to change their regular day off or flex days.

3. Holiday Pay for Employees Working a 9/80 Schedule
Employees working on a 9/80 schedule will be compensated as follows: If a holiday falls on a day the employee is scheduled to work, the employee will receive the same number of paid hours the employee would have received for the regularly scheduled work day. For example, if the holiday falls on a Tuesday when the employee is schedule to work nine hours, the employee will receive nine hours of holiday pay. If the holiday falls on a Friday, the employee will receive eight hours of holiday pay.

If the holiday falls on a day the employee is not scheduled to work, the holiday will bump backward or forward on the same basis as other employees. For example, if the holiday falls on a Saturday, and other City employees will observe the holiday on Friday, employees on a 9/80 will also observe the holiday on Friday. If that Friday is the employee’s flex day, the employee will receive eight hours of holiday play. If it is the employee’s day off, the holiday will be observed on Thursday, and, if the employee is scheduled to work nine hours on Thursday, the employee will receive nine hours of holiday pay.

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7.06 Overtime
A. Prior Approval Required
Except as otherwise provided in this Employee Handbook, overtime shall only be worked at the request of the Department Head. Working overtime without advance approval is grounds for discipline. Overtime-eligible employees who are directed to work overtime must do so.

If the employee is part of the Police Department shift personnel, any overtime must be approved by the Police Chief or their designee.

B. Computation and Compensation

1. Non-Exempt Employees (Except Sworn Police Department Employees) Non-exempt employees other than sworn employees in the Police Department shall be compensated at the rate of time-and-one half for all hours in excess of 40 hours actually worked in any seven-day work cycle. Holidays shall count as hours actually worked for purposes of determining eligibility for overtime.

2. Non-Exempt Sworn Police Department Employees
Non-exempt sworn employees in the Police Department shall receive compensation at the rate of time and one-half for all hours worked in excess of 84 hours in any 14-day work cycle.

3. Exempt Employees
Management and other exempt employees are not eligible for overtime compensation.

C. Compensatory Time Off
Employees who work overtime can accrue compensatory time off (“CTO”) in lieu of cash overtime only at the approval of the Department Head in advance.

For those non-exempt employees who are eligible to receive earned overtime in the form of CTO, the maximum allowable hours that may be contained in an employee’s compensatory time off bank is 40 hours. Once per fiscal year, employees with compensatory time off accruals can cash out compensatory time off upon approval of the City Manager or their designee. Accrued and unused compensatory time off will be paid out upon separation of employment.

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7.07 Appointment to an Acting Position or Out of Class Assignment The Department Head or the City Manager may assign a regular employee to serve temporarily in an out of class assignment or acting position to perform duties of a higher classification than that which they are regularly employed. Any appointment to an out of class assignment or acting position must be done in writing.

A. Out of Class Pay
To be eligible for the additional compensation, the employee must first work full shifts for 10 consecutive workdays in the higher class within any 30-day period. Once this qualification is satisfied, no additional requalification will be required.

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

An employee working out of class for less than one full shift will not be credited with working out of class service time.

2. To qualify for out-of-class pay, an employee must be assuming substantially the full range of duties and responsibilities of the higher-level position.

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

4. An employee who has qualified under these provisions will be compensated at the minimum rate established for the higher class for each completed work shift served in the higher class after 10 days have been completed. In the event of overlapping salary ranges, a one step differential shall be paid for out of class assignments. The higher rate of pay shall be used in computing overtime when authorized overtime is served in a non-exempt, out of class work assignment. The overtime rate shall be the rate established by the overtime regulations that apply to the higher class.

5. Time worked in an out-of-class assignment shall not earn credits toward seniority or the completion of probationary requirements in the higher class and does not change the employee’s FLSA exemption.

B. Acting Pay

1. Employees who are assigned to and actually perform the duties of a position with a higher salary classification than that in which they are regularly employed will receive the compensation specified for the position to which they are assigned, if performing the duties thereof for a period of 15 or more consecutive workdays.

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2. The increased compensation will be at such step within the higher class as will accord such employee an increase of at least five percent over their current regular compensation.

3. Time worked in an acting position shall not earn credits toward seniority or the completion of probationary requirements in the higher class and does not change the employee’s FLSA exemption.

7.08 Reduced Salary for Exempt Employees
Salaried exempt employees will receive their salary for any week in which they perform any work. For purposes of this salary pay policy, a week is Sunday 12:01 a.m. through Saturday midnight. An exempt employee will receive their full salary for any week in which the employee does any work, subject to the following rules:

1. An exempt employee’s salary may be reduced for complete days of absence due to vacation or personal business if such absences occur before the employee’s sick leave or vacation benefits accrue or after they are exhausted;

2. An exempt employee’s salary may be reduced for partial weeks worked in the first week and final week of work;

3. Employees with absences of more than two hours in any work day during their scheduled working hours will be required to use accrued leave; and

4. Penalties for violations of major safety rules may be deducted from an exempt employee’s salary.

This salary pay policy is intended to comply with applicable salary pay requirements of the FLSA and related state law, and shall be construed in accordance with those laws where relevant. Employees are encouraged to direct any questions concerning their salary pay plan to the City Manager immediately so that any inadvertent error can be corrected.

7.09 Call-Back Pay
When an employee is required to return to work or report to work when they are not scheduled to work, the employee will receive a minimum of two hours of pay at time and one-half their equivalent hourly rate. In the event an employee is required to work more than two hours, the employee will be paid for actual time worked at time and one-half their equivalent hourly rate.

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7.10 Specialty Pay and Stipends
Eligible employees designated by the City will receive the following monthly stipends.

The stipend will be paid on the first paycheck of the month.

A. General

1. Notary $30.00
Employees who are designated by the City to exercise notary functions will be required to take the California Notary Public Examination. After successfully completing the examination, the employee will receive the stipend. The City will pay the cost of the examination.

2. Bilingual $30.00
Employees who are designated by the City to use bilingual interpreting skills will receive a bilingual stipend. Designated employees will be required to pass a written and oral test provided by the City in order to receive the stipend.

3. Treasurer $50.00
Employees designated by the City as the Treasurer will receive the stipend.

Employees may be required to take an examination as determined by the City.

4. Bachelor’s Degree $20.00
Employees possessing a bachelor’s degree from an accredited university will receive the stipend.

5. Master’s Degree $40.00
Employees possessing a master’s degree from an accredited university will receive the stipend. Employees receiving this stipend will not receive the bachelor’s degree stipend.

B. Public Safety

1. Corporal $60.00
When the City determines that a Corporal position is available, officers may take a written test, and participate in an oral review conducted by a review board. In order to qualify to compete for the position, the applicant must have successfully completed probation with our department and have a minimum of three years of experience as a full-time police officer with a California POSTaccredited police agency. The applicant must have the ability to understand and

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carry out oral and written instructions; ability to develop skill in the use of firearms; ability to react quickly and calmly in emergencies; ability to obtain and verify information through telephone contacts and interviews; possess a valid California driver’s license; and possess a basic POST Certificate.

2. Field Training Officer (“FTO”) $50.00
The FTO will be designated by the Police Chief. The FTO must successfully pass testing including a passing an oral examination by a review board. The FTO position requires two years of experience. In order to be eligible for the stipend, the FTO must train officers for a minimum of seven days in each month.

3. K-9 Officer $40.00
When a K-9 position is available, officers will be able to apply for the position by taking a test and passing an oral review board. The K-9 position requires the assigned officer to take responsibility for the K-9 dog at all times. The Officer must live within a 25-mile driving radius of the city so they can respond in a timely manner if called to do so when not on a scheduled duty shift. The officer must also bathe, feed, and house the dog in a kennel area at their residence. The officer and the dog attend training for liability and continued/consistent training reasons.

4. Intermediate POST Certificate $30.00
Police officers who possess an Intermediate POST Certificate will receive the stipend.

5. Advanced POST Certificate $35.00
Police officers who possess an Advanced POST Certificate will receive the stipend. Public safety officers receiving the Advanced POST Certificate pay will not receive the Intermediate POST Certificate pay.

C. Public Works
Certification pay for Wastewater and Water Treatment:

Grade 1 (Water Treatment-Distribution/Wastewater)-$25.00 Grade 2 (Water Treatment-Distribution/Wastewater)-Added $25.00 = $50.00 Total Grade 3 (Water Treatment-Distribution/Wastewater)-Added $25.00 = $75.00 Total Grade 4 (Water Treatment-Distribution/Wastewater)-Added $25.00 = $100.00 Total Grade 5 (Water Treatment-Distribution/Wastewater)-Added $25.00 = $125.00 Total

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All employees working at the Waste Water Treatment Plant or in the Water Department that obtain a valid certificate from the State of California will receive this stipend. The employee will be reimbursed the cost of obtaining the certification upon successfully passing the State of California test. No reimbursement will be given if the employee does not pass the test.

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SECTION 8

GENERAL EMPLOYMENT POLICIES

8.01 Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All Departments shall keep daily attendance records of employees which shall be reported to the City Manager in the form and on the dates they shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for discharge, pursuant to this Employee Handbook. The depositing in the United States mail of a first class letter, postage paid, addressed to the employee's last known place of address, shall be reasonable notice.

If an employee is unable to report to work on any particular day, they must under all but the most extenuating circumstances call their supervisor at least one hour before the time they are scheduled to begin working for that day. If they call less than one hour before their scheduled time to begin work and do not arrive on time for their assigned shift, they 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. The City defines excessive absenteeism as more than three unexcused absences in any three-month period. (Excused absences include authorized vacation leave, sick leave, family leave, kin care leave, disability leave, etc.) If an employee fails to report for work without any notification to their supervisor and their absence continues for a period of three days, the City will consider that they have abandoned their employment.

8.02 Hours of Work
Daily hours of work (or shifts) for employees within Departments shall be assigned by Department Heads, as required to meet the operational requirements of said Department.

No authorization may be made for an employee to work less than their scheduled workweek without direct proportionate decrease in compensation.

A foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be cleared through the office of the City Manager, and such absences shall be noted on the employee’s time sheet.

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8.03 Exceptions to Standard Hours of Work
The City Manager is hereby authorized to designate other work periods and working hours for employees when, in their sole discretion, the best interest of the City may be served by such adjustment.

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

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

C. Role of Health Care Provider
A City-selected health care provider will examine the employee at City expense. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee’s job.

The health care provider will examine the employee and provide the City with nonconfidential information regarding whether: 1) the employee is fit to perform essential job functions; and 2) the employee’s continued employment poses a threat to the health and safety of themselves or others. Should the health care provider exceed the scope of the City’s request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the nonconfidential fitness for duty information that the City has requested.

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

E. Medical Information from the Employee’s Health Care Provider An employee may submit confidential medical information to the City from their personal health care provider. If the employee provides written authorization, the City Manager will submit the information that the employee provides to the City-paid health

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care provider who conducts the examination. If this information is submitted after a fitness for duty assessment is made, the City Manager will request that the City-paid health care provider determine whether the information alters the original assessment.

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

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

8.05 Personnel Records
The City Manager shall maintain a personnel file for each employee who is part of the City’s competitive service. This personnel file shall include records regarding the employee’s name, title of position held, the Department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the City Manager. Personnel files are City property, and access to the information they contain is restricted.

A. Inspection by Employee
An employee may inspect their personnel file at reasonable times and at reasonable intervals. An employee who wishes to review their file should contact the City Manager’s office to arrange an appointment. The review must be done in the presence of an employee of the City Manager’s office or designee. The employee will have access to all contents of the file except: (1) records relating to the investigation of a possible criminal offense; (2) letters of reference; and (3) ratings, reports, or records that were obtained prior to the employee’s employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination. An employee must initial and indicate the date they reviewed the file, with such information to be recorded on the upper left-hand side of the personnel file folder. On request, an employee is entitled to receive a copy of any employment-related

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document they have signed. An employee who wishes to receive such a copy should contact the City Manager’s Office.

B. Inspection by Third Party
In the event an employee wishes to have another person/representative inspect their personnel file, the employee must provide the person/representative with written authorization. The City Manager’s Office will notify the employee of the date, time, and place of the inspection in writing. It is the employee’s responsibility to notify the person to whom the employee has given written authorization of the date, time, and place of the inspection. Under no circumstances is the employee and/or the employee’s designee permitted to add or remove any document or other item from the employee’s personnel file during the inspection.

8.06 Change of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, or any other temporary or permanent change in status of employees shall be reported to the City Manager in such manner as he may prescribe.

8.07 Employee References
All requests for references must be directed to the City Manager. No other manager, supervisor, or employee is authorized to release references for current or former employees. It is the City’s policy to disclose only the dates of employment and the title of the last position held by former employees. If an employee submits a written request to the City Manager authorizing the City to release to prospective employers the amount of salary or wage the employee last earned, the City will provide such information.

8.08 Inclement Weather/Natural Disasters
In the event of severe weather or a natural disaster that prevents employees from safety traveling to and from work, the following leave policies will apply:

A. Inclement Weather
Inclement weather conditions that may excuse absence from work include: fog, snow, road closure, announced avalanche danger, whiteout, heavy rain, and severe flooding. If weather conditions prevent an employee from safely traveling to work they must notify the City Manager by phone, if telephone service is functional, or by any other available means.

B. Natural Disasters
In the event of a natural disaster such as earthquake, fire, or explosion, City offices may be closed if a City building is damaged or highways leading to City offices are damaged.

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For instructions on reporting to another location, contact the City office immediately, if possible, or the City Manager.

8.09 Open-Door Policy
Suggestions for improving the City are always welcome. At some time, employees may have a complaint, suggestion, or question about their job, their working conditions, or the treatment they are receiving. Employees’ good-faith complaints, questions, and suggestions also are of concern to the City. The City asks employees to first discuss their concerns with their supervisor, following these steps:

1. Within a week of the occurrence, the employee should bring the situation to the attention of their immediate supervisor, who will then investigate and provide a solution or explanation.

2. If the problem persists, the employee may describe it in writing and present it to the City Manager, who will investigate and provide a solution or explanation. The City encourages employees to bring the matters to the City Manager as soon as possible after the employee believes their immediate supervisor has failed to resolve it.

3. If the problem is not resolved, the employee may present the problem in writing to the City Council, who will attempt to reach a final resolution, as specified in Rule XIV of Resolution 875.

This procedure does not guarantee that every problem will be resolved to the employee’s satisfaction. However, the City values employees’ observations and employees should feel free to raise issues of concern, in good faith, without fear of retaliation.

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SECTION 9

EMPLOYEE BENEFITS

9.01 Vacation Leave
The City’s policy for paid vacation leave is set forth below.

A. Vacation Accrual
Regular full-time employees accrue paid vacation leave in accordance with the following policy:

Fewer than 6 months: No accrual;
6-12 months: 5 days (or one times the number of hours in the basic workweek if less than 40 hours per week);
12 months-4 years: 10 days per year (or two times the number of hours in the basic workweek if less than 40 hours per
week);
5-9 years: 15 days per year (or three times the number of hours in the basic workweek if less than 40 hours per
week); and
10 years +: 20 days per year (or four times the number of hours in the basic workweek if less than 40 hours per
week).

Vacation time accrues from the first day following an employee’s completion of 12 months of employment at biweekly rates consistent with the above schedule.

B. Vacation for Part-Time Employees
Part-time employees are not entitled to vacation benefits.

C. Temporary Employees
Temporary employees are not entitled to vacation benefits.

D. Must Complete Six Months of Employment
Regular full-time employees do not accrue vacation time during the first six months of employment.

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No vacation time may be taken until after completion of the first year of employment.

E. Maximum Accrual
The City encourages employees to take vacation annually. Vacation time may not exceed the following maximum amounts:

With 12 months-4 years’ service: 15 working days (120 hours) With 5-9 years’ service: 22.5 working days (180 hours)
With 10 + years’ service: 30 working days (240 hours)
The City does not grant retroactive vacation for any period of time during which the employee’s vacation time reached the maximum accrual allowed. Each employee has a responsibility to keep track of their accrued vacation time.

F. Holidays Within Vacation Leave
When a holiday occurs during an employee’s scheduled vacation, and the holiday falls on an employee’s regularly scheduled workday, the employee will receive holiday pay and will not be charged a vacation day.

G. Scheduling
Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. Any vacation request must be approved by the Department Head.

Vacation requests for Department Heads must be approved by the City Manager.

H. Employees on Unpaid Leave
Employees on unpaid leave do not accrue vacation time.

I. Vacation Cash Out
Employees will be paid out any unused accrued vacation at the time of separation of employment.

Once per fiscal year, current employees with vacation accruals of at least 40 hours can cash out vacation upon approval of the City Manager. The employee must have at least 40 hours of vacation leave remaining after the cash out.

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9.02 Paid Holidays
A. Recognized Holidays
The following holidays shall be observed by the City with respect to all employees of the City, except shift employees of the Police Department:

1. January-New Year’s Day

2. Martin Luther King Jr’s Birthday

3. Presidents’ Day

4. Memorial Day

5. July 4th-Independence Day

6. Labor Day

7. Veteran’s Day

8. Thanksgiving Day

9. Day after Thanksgiving Day

10. December 24-Christmas Eve

11. December 25-Christmas Day

12. December 31-New Year’s Eve
When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday. However, the City may close on another day. Holiday observance will be announced in advance.

Each employee’s eligibility for holiday pay begins on the first day of employment. To be eligible for holiday pay, the employee must work their regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by their supervisor and the employee is using paid leave for the absence. Employees on 9/80 schedules will be paid for holidays as described in the section on Alternate Work Schedules, section 7.05 (C).

Part-time and temporary employees are not entitled to holiday pay.

9.03 Personal Day Off
Employees will be paid out any unused accrued personal day off at the time of separation of employment.

In addition to holidays and vacation time off, the City grants each full-time employee one personal day off work each fiscal year. Newly hired employees must work at least six months in the fiscal year before becoming eligible for the personal day off. The personal day will consist of one regularly-scheduled work day. The personal day off must be requested in advance and approved by the Department Head. The personal day off must be taken as a single, full day off and cannot be broken up into increments. Personal days off for Department Heads must be approved by the City Manager. If an employee does not use the personal day off during the fiscal year, it will not be carried over into the

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subsequent fiscal year. Employees on 9/80 schedules will be paid for personal day off as described in the section on Alternate Work Schedules, section 7.05 (C).

Employees who work on a shift basis and observe a personal day off will receive the same number of paid hours the employee would have received for the regularly scheduled work day. For example, if the shift employee observes the personal day off on a Wednesday when the employee is scheduled to work 12 hours, the employee will receive 12 hours of personal day off pay.

Employees working on a 9/80 schedule will receive the same number of paid hours the employee would have received for the regularly scheduled workday. For example, if the personal day off is observed on a Tuesday when the employee is schedule to work nine hours, the employee will receive nine hours of personal day off pay. If the personal day off is observed on a Friday, the employee will receive eight hours of personal day off pay.

9.04 Sick Leave (Full-Time Employees)
Sick leave is a benefit that employees accumulate in order to provide a cushion for incapacitation due to illness. Time off for medical and dental appointments will be treated as sick leave. In addition, the first three days or 24 hours of sick leave provided in a 12- month period may be used for purposes in accordance with the California Paid Sick Leave law, Assembly Bill 1522, and with Assembly Bill 2017. The City will not allow abuse or misuse of an employee’s sick leave privilege.

A. Accrual and Use of Sick Leave
Every full-time, regular, and probationary employee shall accrue sick leave time at the rate of eight hours per month. Part-time and temporary employees do not accrue sick leave pursuant to this policy, but may be eligible for leave pursuant to California’s Paid Sick Leave law as provided in Section 9.05 of this Employee Handbook.

An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.

An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave.

B. Maximum Accrual
Sick leave shall accrue to a maximum of 960 hours. An employee having accumulated the maximum 960 hours who has not used any sick leave during the preceding six months

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shall receive eight hours off work with pay; this leave shall been known as “unused sick leave bonus leave.”
The City does not pay employees in lieu of unused sick leave.

C. Evidence of Illness
If an employee is absent longer than three days due to illness, the City Manager will require evidence in the form of a physician’s certificate, or otherwise, of the reason for an employee’s absence during the time for which sick leave is requested. Where there is a reasonable belief that the employee is not ill or is misusing sick leave, the City Manager has the discretion to also require such evidence of the need for sick leave from the employee.

The City may withhold sick pay if it suspects that sick leave has been misused.

D. Penalty for Sick Leave Abuse
When, in the judgment of the City Manager, the employee’s reasons for being absent because of alleged sickness are inadequate, the City Manager shall indicate on the payroll time report that the absence was without leave and without pay.

In addition, the City Manager may impose such disciplinary action as in their discretion seems warranted, following procedures set forth in this Employee Handbook.

E. Sick Leave and Temporary Disability
A City employee who is entitled to temporary disability indemnity under the State Labor Code may elect to take that number of hours or portions of hours of their accumulated sick leave, or their accumulated vacation, as when added to the disability indemnity will result in a payment to the employee of their full salary. When accumulated sick leave, or vacation, or both, are exhausted, the employee is still entitled to receive disability indemnity.

F. California’s Paid Sick Leave Laws
In accordance with California law, an employee may use their sick leave for one of the following reasons:

1. For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.

2. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:

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a. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis). b. Spouse or Registered Domestic Partner.
c. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
d. Grandparent.
e. Grandchild.
f. Sibling.

To obtain any relief or services related to being a victim of domestic violence, sexual assault, stalking, or other crime of abuse, including the following services with appropriate certification of the need for such services:
a. A temporary restraining order or restraining order.
b. Other injunctive relief to help ensure the health, safety, or welfare of themselves or their children.
c. To seek medical attention for injuries caused by domestic violence, sexual assault, stalking, or other crime of abuse.
d. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, stalking, or other crime of abuse.
e. To obtain psychological counseling related to an experience of domestic violence, sexual assault, stalking, or other crime of abuse. f. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, stalking, or other crime of abuse including temporary or permanent relocation.

Employees do not receive compensation for any unused, accrued paid sick leave and the time of separation of employment. However, if an employee is re-hired with the City within 12 months of the previous separation of employment, the City will reinstate up to six days or 48 hours of previously accrued but unused paid sick leave that the employee previously had accrued.

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G. Illness While on Vacation
An employee who becomes ill while on vacation may have such period of illness charged to their accumulated sick leave instead of to vacation leave, provided that:

1. Immediately upon return to duty, the employee submits to the City Manager a written request for sick leave and a written statement is signed by the employee’s physician stating the nature and dates of the illness; and

2. The City Manager approves the granting of such sick leave.

H. Holiday During Sick Leave
Observed holidays occurring during sick leave shall not be counted as a day of sick leave.

I. Use of Vacation Leave Where Sick Leave Exhausted
Employees who exhaust their sick leave accruals are required to use any available accrued vacation leave before taking any unpaid absences.

J. Use of Vacation Leave To Perform Emergency Duties
Employees are allowed to take time off to perform emergency duties as a volunteer firefighter, reserve peace officer, or emergency rescue personnel, unless the employee’s absence would hinder the availability of public safety or emergency medical services. “Emergency rescue personnel” means any person who is an officer, employee, or member of a fire department or fire protection agency of the federal government, the state, a city, county, district, or other public or municipal corporation, or of a sheriff’s department, a police department, or a private fire department, whether that person is a volunteer or partly paid or fully paid, while they are actually engaged in providing emergency services.

Employees requesting leave under this section may be required to provide documentation confirming the emergency service performed.

An employee who performs duties as a volunteer firefighter, a reserve peace officer, or as emergency rescue personnel shall be permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire, law enforcement, or emergency rescue training.

9.05 California’s Paid Sick Leave Law (Part-Time and Temporary Employees) For part-time and temporary employees not covered by the City’s Sick Leave policy as provided in Section 9.04 of this Employee Handbook, the City will provide paid sick

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leave benefits to such employees in accordance with California’s Paid Sick Leave Law under the following conditions:

1. An employee begins to accrue paid sick leave at the rate of one hour of paid sick leave for every 30 hours worked beginning on the first day of employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City.

2. An employee is only allowed to use up to a maximum of three days or 24 hours of paid sick leave in a 12-month period.

3. An employee can only accrue paid sick leave up to a cap of six days or 48 hours ongoing. Any unused accrued paid sick leave does carry over year to year while continuously employed.

4. In accordance with California’s Paid Sick Leave law, an employee may use accrued paid sick leave for one of the following reasons:
a. For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
b. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis). ii. Spouse or Registered Domestic Partner.
iii. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv. Grandparent.
v. Grandchild.
vi. Sibling.

When an employee takes sick leave to attend to the illness of a family member, the designation of sick leave is at the sole discretion of the employee. c. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order. Other injunctive relief to help ensure the health, safety, or welfare of themselves or their children.
ii. To seek medical attention for injuries caused by domestic violence,

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sexual assault, or stalking.
iii. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
iv. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
v. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.

An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave.

An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement, or other separation from employment from the City.

If an employee separates from City employment and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.

Paid sick leave will not be considered hours worked for purposes of overtime calculation.

9.06 Bereavement Leave
Employees are eligible for bereavement leave after serving six months of full-time employment with the City.

A. Leave with Pay-Immediate Family Members
Whenever an employee is compelled to be absent from duty by reason of the death of an immediate family member of the employee, such person shall be entitled to a maximum of three consecutive scheduled work days off with pay, as to each such instance of death or critical illness.

For the purpose of this subsection, “immediate family member” shall mean the employee’s current spouse, registered domestic partner, child, parent, grandparent, brother, or sister.

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For good cause shown, the employee’s supervisor may approve additional unpaid time off. If the employee has vacation time available, they may use such time for additional bereavement days off.

B. Leave without Pay-Other Family Members
Whenever an employee is compelled to be absent from duty by reason of the death the employee’s legal guardian, grandchild, mother-in-law, father-in-law, sister-in-law, sonin-law or daughter-in-law, such person shall be entitled to a maximum of two consecutive scheduled work days off without pay, as to each such instance of death.

For good cause shown, the employee’s supervisor may approve additional unpaid time off. If the employee has vacation time available, they may use such time for additional bereavement days off.

9.07 Disability Insurance
Each employee contributes to the State of California to provide disability insurance mandated by the California Unemployment Insurance Code. Contributions are made through a payroll deduction. Specific rules and regulations governing disability insurance and an employee’s eligibility for the same are available from the City Manager.

9.08 Workers Compensation
A. Policy
The City, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:

1. Medical care;

2. Cash benefits, tax free, to replace lost wages; and

3. Vocational rehabilitation to help qualified injured employees return to suitable employments.

B. Employee Responsibilities
To ensure that an employee receives any workers’ compensation benefits to which they may be entitled, that employee will need to:

1. Immediately report any work-related injury to a supervisor;

2. Seek medical treatment and follow-up care if required;

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3. Complete a written Employee’s Claim Form (DWC Form 1) and return it to the City Manager; and

4. Provide the City with a certification from the employee’s health care provider regarding the need for workers’ compensation disability leave, as well as the employee’s eventual ability to return to work from the leave.

C. Reinstatement
Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to their same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee has been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had they not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the City’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement.

An employee’s return depends on their qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act or comparable state law.

D. City’s Medical Provider
The City provides medical treatment for work-related injuries by contracting with a medical care provider to provide medical care to injured employees because of their experience in treating work-related injuries. Employees who are injured in a work-related incident will be referred to the current medical care provider for medical treatment for up to 30 days, unless prior to a work-related injury, the City has received from the employee a written notice that the employee wishes to be treated by their own physician. In all cases, employees may seek treatment from their own physician after 30 days, should they so desire. Employees can obtain information on the City’s current medical care provider from the City Manager.

E. Fraudulent Claims
The law requires the City to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims.

Any person who makes or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony. A violation of this law is

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punishable by imprisonment for one to five years, or by a fine not exceeding $50,000 or double the value of the fraud, whichever is greater, or both. Additional civil penalties may also apply.

9.09 Recreational Activities and Programs
The City and its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, work, social, or athletic activity that is not part of the employee’s workrelated duties.

9.10 Health Insurance Benefits
The City provides a medical insurance plan, a dental insurance plan, and a vision insurance plan for eligible employees and their dependents. Employees may be required to contribute to the cost of these benefits. Part-time and temporary employees are not entitled to health insurance benefits. Details about medical, dental and vision insurance coverage offered by the City are available in a separate publication distributed by the City Manager.

9.11 Uniforms
Certain City employees will be provided uniforms relative to their respective job positions with the City. Employees should contact their Department Head for information on the current uniforms provided by the City for their job position.

9.12 Time Off to Vote
If an employee who is not overtime exempt does not have sufficient time outside of working hours to vote in a statewide election, the employee may take up to two hours off without loss of pay at the beginning or end of the day. Prior approval by the employee’s supervisor 48 hours before the leave for this time off is required.

9.13 Retirement
The City provides a plan for eligible employees in order to assist in planning for their retirement. For information regarding eligibility, contributions, benefits, and tax status, contact the City Manager. All eligible participants will receive a summary plan description.

Subject to terms of the City’s retirement plan, the City offers retirement benefits to employees. All regular employees are eligible to participate after completing 12 months of employment with the City. Generally, the City will contribute 10% of the employee’s base pay to their 401(k) retirement plan, which is subject to a vesting schedule under the City’s plan. Employees should check the law regarding the maximum amount of contribution they can contribute to a 401(k) plan per year.

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The City also provides a 457 retirement plan for specified employees. For information regarding plan benefits, contact the City Manager.

9.14 Educational Reimbursement
A. Regular and Mid-Management employees only may be eligible to receive reimbursement for educational purposes, which tend to improve their ability to accomplish their City job duties. Courses must be taken on the employee’s own time and must be approved in advance by the City Manager. The courses must be given by an accredited institution or trade/technical school.

B. Employees will be reimbursed for approved educational tuition and books up to the current maximum amount set by the City Council, subject to the budget.

In order to be reimbursed, the employee must achieve at least a “C” grade or the equivalent. Employees will be reimbursed after proper proof of completion of class is submitted by producing a transcript.

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SECTION 10

LEAVE OF ABSENCE PROVISIONS

10.01 Family and Medical Leave Act and California Family Rights Act A. Employee Eligibility
The Family and Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) provide up to 12 workweeks (26 workweeks to care for an injured service member) of unpaid family/medical leave within a 12-month period, under the following conditions:

1. The employee has more than 12 months of service to the City that need not be consecutive. If the leave only qualifies under FMLA, the 12 months of nonconsecutive service must have accumulated within the previous seven years. Under CFRA employment prior to a break of service of seven years or more need not be counted towards the 12 months, except for leaves caused by militate service or where there is a written agreement to the contrary; and

2. The employee has worked at least 1,250 hours during the previous 12-month period before the need for leave.

B. Reasons for FMLA/CFRA Leave
Leave may be taken for one or more of the following reasons:

1. The birth of the employee’s child, or placement of a child with the employee for adoption or foster care (FMLA/CFRA);

2. To care for the employee’s spouse, child, or parent who has a serious health condition (FMLA/CFRA);

3. To care for the employee’s registered domestic partner, grandparent, or sibling with a serious health condition (CFRA only);

4. For a serious health condition that makes the employee unable to perform their job (FMLA/CFRA);

5. Any period of incapacity or treatment due to pregnancy or prenatal care (FMLA only);

6. For any “qualifying exigency”(as defined by FMLA regulation) because an employee’s spouse, son, daughter, or parent is on active military duty or has been notified of an impending call or order to active duty in a foreign country or in support of a contingency operation involving the United States Armed

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Forces (FMLA only); or

7. To care for a spouse, son, daughter, parent, or “next of kin” service member or veteran in the preceding five years of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty (this leave can run up to 26 weeks of unpaid leave during a 12-month period that begins on the first date of such leave) (FMLA only).

C. FMLA/CFRA Leave Available
Eligible employees may receive up to a total of 12 workweeks (26 workweeks to care for an injured service member) of unpaid leave during a 12-month period.

For purposes of calculating the 12-month period during which 12 weeks of leave may be taken, City uses a “rolling” 12-month period measured backward from the date an employee uses any FMLA and/or CFRA leave. Under the “rolling” 12-month period, each time an employee takes FMLA and/or CFRA leave the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months. For example, if an employee has taken eight weeks of leave during the past 12 months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 2009, four weeks beginning June 1, 2009, and four weeks beginning December 1, 2009, the employee would not be entitled to any additional leave until February 1, 2010. However, beginning on February 1, 2010, the employee would be entitled to four weeks of leave, on June 1, 2010 the employee would be entitled to an additional four weeks, etc.

Under most circumstances, leave under federal and state law will run at the same time and the eligible employee will be entitled to a total of 12 weeks of family and medical leave in the designated 12-month period.

For leave to care for a covered service member, the single 12-month period begins on the first day of the leave, regardless of how the 12-month period is calculated for other leaves. Leave to care for a covered service member is for a maximum of 26 workweeks during the single 12-month period. An employee cannot generally take more than a total of 26 workweeks of FMLA/CFRA leave for any qualifying reason once the single 12- month period begins following the first day of covered service member leave.

However, leave because of the employee’s disability for pregnancy, childbirth, or related medical condition is not counted as time used under the CFRA while such conditions do count under the federal FMLA. Employees who take time off for pregnancy disability and who are eligible for family and medical leave will also be placed on family and medical leave that runs at the same time as their pregnancy disability leave. Once the pregnant employee is no longer disabled, she may apply for leave under the CFRA, for purposes of baby bonding.

Any leave taken for the birth, adoption, or foster care placement of a child does not have

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to be taken in one continuous period of time. CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the City will grant a request for a CFRA leave for the birth/placement of a child of less than two weeks’ duration on any two occasions requested by an employee. Any leave taken must be concluded within one year of the birth or placement of the child with the employee.

D. Required Procedures for Requesting FMLA/CFRA Leave
The following procedures shall apply when an employee requests family leave:

1. Please contact Human Resources Department as soon as the employee realizes the need for family/medical leave.

2. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, the employee must notify the City at least 30 days before leave is to begin. The employee must consult with their supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to City operations. Any such scheduling is subject to the approval of the health care provider of the employee or the health care provider of the employee’s child, parent, or spouse.

3. If the employee cannot provide 30 days’ notice, the City must be informed as soon as is practical.

4. If the FMLA/CFRA request is made because of the employee’s own serious health condition, City may require, at its expense, a second opinion from a health care provider that the City chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the City.

5. If the second opinion differs from the first opinion, City may require, at its expense, the employee to obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be considered final and binding on City and the employee.

6. City requires the employee to provide certification within 15 days of any request for family and medical leave under state and federal law, unless it is not practicable to do so. City may require recertification from the health care provider if additional leave is required.

If the leave is needed to care for a sick child, spouse, or parent, the employee must provide a certification from the health care provider stating:

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1. Date of commencement of the serious health condition;

2. Probable duration of the condition;

3. Estimated amount of time for care by the health care provider; and

4. Confirmation that the serious health condition warrants the participation of the employee.

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

Employees who request leave due to a “qualifying exigency” related to military service must be supported by a certification of its necessity.

When both parents are employed by City, and request simultaneous leave for the birth or placement for adoption or foster care of a child or to care for a child who is an injured service member, the City will not grant more than a total of 12 workweeks (26 workweeks to care for an injured service member) of family/medical leave for this reason.

If an employee cites their own serious health condition as a reason for leave, the employee must provide a certification from the health care provider stating:

1. Date of commencement of the serious health condition;

2. Probable duration of the condition; and

3. Inability of the employee to work at all or perform any one or more of the essential functions of their position because of the serious health condition.

The City will require certification by the employee’s health care provider that the employee is fit to return to their job.

Failure to provide certification by the health care provider of the employee’s fitness to return to work will result in denial of reinstatement for the employee until the certificate is obtained.

E. Benefits During FMLA/CFRA Leave
An employee taking FMLA/CFRA leave will be allowed to continue participating in any health and welfare benefit plans in which they were enrolled before the first day of the leave for a maximum of 12 workweeks (26 workweeks for injured service member leave) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. The City will continue to make the same

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premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins under the FMLA (for pregnancy disability leaves) or under the FMLA/CFRA (for all other family care and medical leaves). In some instances, the City may recover from an employee premiums paid to maintain health coverage if the employee fails to return to work following family/medical leave.

F. Compensation During FMLA/CFRA Leave
Paid leave will be substituted for unpaid leave in the following circumstances:

1. Accrued sick leave is required to be used during FMLA/CFRA leave for the employee’s own serious health condition, or, up to a limit of that which is accrued over six months of the work year, to attend to the illness of a child, parent, or spouse of the employee.

2. Accrued vacation is required to be used when accrued sick leave is exhausted under the FMLA/CFRA leaves above, and for any other FMLA/CFRA qualifying event, except leave that is also pregnancy disability leave.

3. Employees who are eligible to take leave through paid sick leave or the FMLA/ CFRA, or who are otherwise granted leave by the City, are eligible to apply for wage replacement benefits through California’s Paid Family Leave (“PFL”) benefits. PFL benefits are for up to eight weeks.

G. Job Reinstatement Following FMLA/CFRA Leave
Under most circumstances, upon return from FMLA/CFRA leave, an employee will be reinstated to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee on family/medical leave would have been laid off had they not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement.

In addition, an employee’s use of family/medical leave will not result in the loss of any employment benefit that the employee earned before using family/medical leave.

Reinstatement after family/medical leave may be denied to certain salaried “key” employees under the following conditions:

1. An employee requesting reinstatement was among the highest-paid 10 percent of salaried employees employed within 75 miles of the work site at which the employee worked at the time of the leave request;

2. The refusal to reinstate is necessary because reinstatement would cause substantial and grievous economic injury to the City’s operations;

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3. The employee is notified of the City’s intent to refuse reinstatement at the time the City determines the refusal is necessary; and

4. If leave has already begun, the City gives the employee a reasonable opportunity to return to work following the notice described previously.

H. Intermittent Leave
Employees may take FMLA/CFRA intermittently in blocks of time, or by reducing their normal weekly or daily work schedule if the leave is for the serious health condition of the employee’s child, parent, spouse, next of kin (injured service member leave), or of the employee, and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition.

10.02 Pregnancy Disability Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four months.

A. Notice and Certification Requirements

1. Requests for pregnancy disability leave should be submitted in writing as soon as the employee determines with reasonable certainty the date and intended duration of the pregnancy disability leave. Pregnancy disability leave must be approved by the City Manager before the leave begins. The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work.

2. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the City Manager prior to being taken.

Requests for an extension of leave must be submitted in writing to the City Manager prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition.

B. Compensation During Leave
Pregnancy disability leaves are without pay. However, the City can require the employee to use accrued sick leave during the leave of absence. The use of vacation leave or any other accrued paid time off during the leave is at the option of the employee.

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Employees who are granted leave by the City, are eligible to apply for wage replacement benefits through California’s Paid Family Leave (“PFL”) benefits. PFL benefits are for up to eight weeks.

C. Benefits During Leave

1. Health Insurance Benefits: An employee on pregnancy disability leave is entitled to receive any group health insurance coverage that was provided before the leave on the same terms as provided at the time of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave.

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

D. Reinstatement

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

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

3. An employee who fails to return to work after the expiration of her pregnancy disability leave loses her reinstatement rights unless protected by another leave of absence entitlement.

10.03 Leave of Absence Without Pay
Upon the request of the employee, a leave of absence without pay may be granted by the City Manager on a case-by-case basis for reasons including, but not limited to, depletion of accumulated sick leave. The City Manager shall, at their sole discretion, make such a determination. Such leave is not a right but a privilege.

A request for leave of absence without pay must be made by the employee, in writing, to the respective Department Head with a copy to City Manager. This request shall state specifically the reason for the request, the date when the employee desires to begin the leave, and the probable date of return.

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Employees on authorized leave of absence without pay may not extend such leave beyond 90 days without express approval of the City Manager. Employees are required to submit an additional written request for extension of a leave of absence without pay.

Leave of absence without pay is not a break in service or employment, and rights accrued at the time the leave is granted are retained by the employee; however, vacation credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person granted such leave during the period of absence. During the period of such leaves, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.

While on an approved leave of absence without pay, the City will not maintain contributions toward group insurance or retirement coverage. Employees will receive notice of any rights COBRA rights.

Failure of an employee on an approved leave of absence without pay to report to work promptly at its expiration, or within three business days after receiving notice to return to duty will, except under extraordinary circumstances, constitute the employee’s separation from City employment.

10.04 Jury Duty and Court Leave
The City considers jury duty to be an important civic responsibility. Having loyal, conscientious, honest citizens serving on our juries is a basic and essential element of our American system of justice. Therefore, it shall be the policy of the City to encourage jury service by its employees. This policy applies to all regular full-time employees called to jury duty.

Every employee of the City who is called or required to serve as a trial juror shall be entitled to be absent from duties with the City during the period of such service or while necessarily being present in court as a result of such call. No deductions shall be made from the salary of an employee while on jury duty.

10.05 Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the City Manager’s office, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Head and City Manager may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

10.06 School Related Leave
Any employee who is a parent, guardian or grandparent having custody of one or more children in kindergarten or grades one through 12 or attending a licensed day care

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facility shall be allowed up to for 40 hours each school year, not to exceed eight hours in any calendar month of the school year, without pay, to participate in activities of the school of their child. The employee must provide reasonable advance notice of the planned absence. The employee may be required to use vacation and/or CTO to cover the absence. The City may require the employee to provide documentation from the school as verification that the employee participated in school activities on a specific date and at a particular time. If both parents, guardians or grandparents having custody work for the agency at the same work site, only the first parent requesting will be entitled to leave under this provision.

10.07 Time Off For Victims of Violent Crimes or Domestic Abuse An employee who has been a victim of a violent crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults.

An affected employee must give the City reasonable notice that they are required to be absent for a purpose stated above where possible. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons.

Leave under this section is unpaid unless the employee uses vacation or other accrued time off.

10.08 Time Off For Organ and Bone Marrow Donors
An employee is eligible for leave for organ or bone marrow donation if they have been employed by the City for at least a 90-day period immediately preceding the commencement of leave.

In order to receive a leave of absence for organ or bone marrow donation, the employee must provide written verification to the City that they are an organ or bone marrow donor and that there is a medical necessity for the donation.

An employee is entitled to a paid leave of absence not exceeding 30 business days in any one-year period for the purpose of donating their organ to another person. An employee who donates bone marrow is entitled to a paid leave of absence not exceeding five business days in any one-year period.

In addition to these paid leaves, an eligible will be provided with an additional unpaid leave not to exceed 30 business days in a one-year period for the purpose of donating the employee’s organ to another person.

Employees are required to use up to two weeks of accrued paid leave for time off related to an organ transplant and up to five days of accrued paid leave for time off

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related to a bone marrow transplant. Organ donor or bone marrow donation leave shall not run concurrently with any leave under the federal Family Medical Leave Act or the California Family Rights Act.

During an organ or bone marrow donor leave, an eligible employee will continue to accrue those benefits to which they were entitled before the leave began.

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SECTION 11

LAYOFF POLICY AND PROCEDURE

11.01 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment in the competitive service in the interest of economy or because the necessity for a position no longer exists, the employee holding such position of employment may be laid off or demoted in lieu of layoff without taking disciplinary action and without the right of appeal.

11.02 Notification
Any employee who is to be laid off shall be given, whenever possible, at least 14- calendar days prior notice.

11.03 Vacancy and Demotion In Lieu of Layoff
Except as otherwise provided, whenever there is a reduction in the workforce, the City Manager shall first demote the affected employee to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with subsection

11.07 is qualified. All persons so demoted shall have their names placed on the ReEmployment List.

11.04 Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same Department who has less seniority in a lower class in the same class series or in a lower class in which the affected employee once had permanent status. For the purpose of this section and subsection 11.05, seniority includes all periods of full-time service at or above the class level where layoff is to occur.

11.05 Seniority
In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the City Manager within five working days of receipt of notice of layoff.

Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.

Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series.

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11.06 Order of Layoff
The order of layoff of employees shall be established by the City Manager on the recommendation of the Department Head involved. The Department Head shall take into consideration on-the-job performance and length of service of employees in preparing a recommended layoff list; provided however, that no regular or probationary employee shall be laid off from their position in any Department while any emergency, temporary or provisional employee is serving in the same class in that Department.

In each class, employees shall be laid off according to employment status in the following order: emergency, temporary, provisional, probationary, and regular.

A. Emergency, Temporary, Provisional and Probationary Employees Except as otherwise provided herein, emergency, temporary, provisional, and probationary employees shall be laid off according to the needs of the City as determined by the City Manager.

B. Regular Employees
In any case where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least 30 days and no more than 12 months prior to layoff as follows:

1. First, all employees having ratings of “required improvement,”

2. Second, all employees having ratings of “effective-meets standard,”

3. Third all employees having ratings of “exceeds standards.” Employees within each category shall be laid off in inverse order of seniority in City service.

11.07 Re-Employment List
The names of persons laid off or demoted in lieu of layoff in accordance with this Employee Handbook shall be placed upon a Re-Employment List. Except as otherwise provided in this Employee Handbook or the Personnel Ordinance, Re-Employment Lists from different Departments or made at different times for the same class shall be combined into a single list. Such list shall be used by the City Manager when a vacancy arises in the same or lower class before certification is made from an Eligibility List.

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11.08 Duration of Re-Employment List
Names of persons laid off shall be carried on a Re-Employment List for one year, except that persons appointed to permanent positions of the same level as those which were laid off, shall, upon such appointment, be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall remain on the list for the higher position for one year.

11.09 Re-employment of Regular and Probationary Employees The names of regular and probationary employees laid off or demoted in lieu of layoff shall be placed upon Re-Employment Lists for one year for those classes requiring basically the same qualifications, duties and responsibilities of the class from which layoff or demotion in lieu of layoff was made.

Persons whose names are placed on Re-Employment Lists in accordance with this subsection, and who are re-employed within the prescribed period, shall be regarded as having been on leave of absence during this period of absence and entitled to all benefits accruing from such leave.

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SECTION 12

DISCIPLINARY PROCEDURE

12.01 Causes for Disciplinary Action
The listing of the following disciplinary actions does not in any way detract from or alter the right of the City or the employee to terminate the employment relationship at any time, with or without cause. Also, the City retains the right to demote, transfer, change job duties, and change compensation at any time with or without notice and with or without cause in its sole discretion.

Employees may be counseled, admonished, reprimanded, suspended, demoted, discharged or incur a reduction in pay for, including but not limited to, any of the following causes of discipline:

A. Fraud or misrepresentation, whether intentional or negligent, in securing appointment, securing promotion, maintaining employment or in the performance of job duties;
B. Neglect of duty;
C. Insubordination or insulting or demeaning the authority of a supervisor or manager;
D. Unsatisfactory job performance;
E. Dishonesty, including but not limited to the dissemination of false information to a Department Head, City Manager, City Council member or other City or governmental body concerning City affairs; F. Inefficiency;
G. Violation of the City’s Drug Free Workplace Policy, including refusal to consent to drug or alcohol testing and/or searches;
H. Excessive absenteeism and/or tardiness as defined by the employee’s Department Head, this Employee Handbook, or an applicable MOU; I. Use of disability leave in a manner not authorized or provided for pursuant to this Employee Handbook;
J. Making any false statement, omission or misrepresentation of a material fact;
K. Absence without authorized leave;

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L. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to, the following acts or omissions:

1. Conviction of a felony. “Conviction” shall be construed to be a determination of guilt by the accused by a court, including a plea of guilty or nolo contendere, regardless of sentence, grant of probation, or otherwise;

2. The damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.

M. Discourteous treatment of the public or other employees; N. Unapproved outside employment or activity that violates City policy, or other enterprise that constitutes a conflict of interest with service to the City; O. Violation of OSHA Safety Standards or City safety policies and/or procedures;
P. Loss, misuse or unauthorized use of any City property, including but not limited to: physical property, tools, equipment, communication systems, City vehicles or intellectual property;
Q. Violation of any Department rule, City policy, City regulation, ordinance or resolution;
R. Any conduct that impairs, disrupts, or causes discredit to the City, the employee’s City employment, the public service, or other City employees’ employment;
S. Violation of the City’s or a Department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity;
T. Refusal to take or subscribe to any oath or affirmation which is required by law in connection with employment;
U. Failure to maintain and continuously fulfill requirements of the employee’s position as listed in the employee's job description;
V. Theft;
W. Mishandling of public funds;
X. Falsifying any City record;

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Y. Failure to cooperate with supervisors or fellow employees; Z. Violation of the City’s Harassment/Discrimination/Retaliation Prevention Policy;
AA. Violation of the City’s Workplace Security Policy;
BB. Altering, falsifying or tampering with time records, or recording time on another employee’s time record;
CC. Working overtime without prior authorization or refusing to work assigned overtime; and
DD. Carrying firearms or other dangerous weapons on City premises at any time, unless authorized to do so.

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SECTION 13

TIME CLOCK POLICY

13.01 Time Clock Policy
The City uses an electronic timekeeping system for all non-exempt employees.

All non-exempt employees that are required to utilize the time clock system must record their time at the start and end of each work period, including before and after lunch break.

If an employee leaves the premises for non-City business, they must not record that time as time worked.

Time punches will be rounded to the nearest five-minute increment. For example, where an employee punches in at 9:03 a.m., the punch will be rounded to 9:05 a.m. If an employee punches in at 9:02 a.m., the punch will be rounded to 9:00 a.m.

Employees will be given a time card to use when clocking in and out. Employees are required to use their time card whenever clocking in or out. If an employee loses their card, they must notify their supervisor immediately.

If an employee forgets to clock in or clock out, the employee must immediately notify their supervisor regarding the failure to clock in or out. The employee will explain the circumstances regarding the failure to clock in or out. The supervisor will adjust the employee’s time to reflect the correct in or out time.

Any employee found tampering with the time clock system, intentionally clocking another employee in or out, lending their card to someone else, or altering time will be subject to discipline up to and including termination.

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City of McFarland
Acknowledgement of Employee Handbook and At-Will Employment I have received a copy of the City’s Employee Handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the Employee Handbook.

I understand that except for employment at-will status, any and all policies or practices can be changed at any time by the City. The City reserves the right to change my hours, wages, and working conditions at any time to the extent permitted by law. I understand and agree that other than the City Council, no manager, supervisor, or representative of the City has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than atwill. Only the City Manager, based on authority delegated by the City Council, has the authority to make any such agreement and then only in a signed writing.

I understand and agree that nothing in this Employee Handbook creates or is intended to create a promise or representation of continued employment.

I understand that my employment with the City is at-will and may be terminated at the will of either the City or myself.

My signature certifies that I understand that the foregoing agreement of at-will status is the sole and entire agreement between the City and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with the City.

Employee’s Name
Employee’s Signature Date

PAGE LEFT INTENTIONALLY BLANK

CITY OF

MCFARLAND

LEGAL DEPARTMENT
9513739.1 MC060-001
1 RESOLUTION NO. 2021-0005

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND ADOPTING

UPDATED EMPLOYEE HANDBOOK
The McFarland City Council (“City Council”) adopts the following findings:

WHEREAS, every city should have a current Employee Handbook directed to its employees to communicate cities’ employment policies and provide guidance on the duties and responsibilities of the city and of the city’s employees; and WHEREAS, the City Council desires to adopt an updated and comprehensive set of general policies and guidelines governing all personnel matters for all City of McFarland (“City”) employees, including generally: personnel administration; employee conduct; working conditions; application, selection, transfer, and promotion of employees; classification of employees; compensation; benefits; leaves of absence; layoffs; disciplinary procedures; and time keeping. These policies and guidelines are contained in the Employee Handbook and implement state and federal employment laws, and other aspects of public employment and City service; and WHEREAS, the City Council finds it to be in the public’s interest, and necessary to the public’s health, safety, and welfare, that the City’s Employee Handbook be updated regularly to reflect changes to state and federal law, and to the City’s employment practices and procedures; and
WHEREAS, the City has routinely updated the Employee Handbook to remain in compliance with changes to state and federal law and to reevaluate the City’s employment practices and procedures; and
WHEREAS, the City’s most recent update to the Employee Handbook is attached to this resolution as Exhibit “A” and incorporated herein by this reference.

The updated Sections of the Employee Handbook include (but are not limited to)

CITY OF

MCFARLAND

LEGAL DEPARTMENT
9513739.1 MC060-001
2 Section 2.03- Sexual Harassment Prevention Training; Section 2.04- Lactation Accommodation; Section 2.30- Meal and Rest Periods; Section 9.05- California Paid Sick Leave; Section 10.01- Family Medical Leave Act; Section 10.07- Time Off for Victims of Violent Crimes; and Section 10.08- Time Off for Organ Transplants; and WHEREAS, the policies and guidelines contained in the Employee Handbook are intended to apply to all City employees that do not have an employment contract with the City, and to all City employees with employment contracts that do not already address these policy issues; and
WHEREAS, the policies and guidelines contained in the Employee Handbook are not intended to be a contract, expressed or implied, or any type of promise or guarantee of specific treatment upon which employees may rely, nor a guarantee of employment of any specific duration. Because of the City’s small size, some exceptions to these policies may need to be made on a case-by-case basis, as the City Manager deems appropriate.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MCFARLAND as follows:

1. That the foregoing recitals are true and correct.

2. That the Employee Handbook attached hereto as Exhibit “A,” and incorporated herein by this reference, is adopted as the City’s Employee Handbook and shall be applicable to all employees, and appointed and elected City officials unless preempted by state or federal law or in conflict with an existing employment contract or other Memorandum of Understanding.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 11th day of February 2021 by the following vote:

AYES:

CITY OF

MCFARLAND

LEGAL DEPARTMENT
9513739.1 MC060-001
3 NOES:

ABSTAIN:

ABSENT:

ATTEST:

SALLY GONZALEZ,
Mayor,
City of McFarland, California.

FRANCISCA ALVARADO,
City Clerk,
City of McFarland, California

CITY OF

MCFARLAND

LEGAL DEPARTMENT
9513739.1 MC060-001
4 EXHIBIT “A”

Amended Changes to the City of McFarland Employee Handbook

1. Specialty Pay and Stipends:
-Previous Language (Section 7.10): Outlined stipends for roles such as Notary, Bilingual skills, and educational achievements (Bachelor’s and Master’s Degrees) to include Public Safety Incentives Language also includes updates on increased stipends in the following amount:

Previous Stipends:
• Bilingual Certificate: $30.00/ month
• Bachelor’s Degree: $20.00/ month
• Master's Degree: $40.00/ month
Public Safety
• Corporal: $60.00/month
• Field Training Officer (“FTO”): $50.00/month
• K-9 Officer: $40.00/month
• Intermediate POST Certificate $30.00/month
• Advanced POST Certificate $35.00/month
Updated Language:

Educational Incentive: Eligible employees will receive stipends for higher education degrees in jobrelated subjects. • Bilingual Certificate: $100/month
• Bachelor’s Degree: $100/month
• Master’s Degree: $150/month
Employees can receive only one educational stipend; these are not stackable Public Safety
• Field Training Officer (“FTO”): $75.00/month
• K-9 Officer: $.00/month
• Intermediate POST Certificate $100.00/month
• Advanced POST Certificate $150/month
• Supervisory POST Certificate $200.00/month

2. Compensatory Cash Out Policy:
• Previous Language: Allowed a cash-out of vacation accruals once per fiscal year with a minimum accrual of 40 hours.
• Updated Language: Employees can now request a cash-out of compensatory time off up to four times per fiscal year, in the first pay periods of July, October, January, and April. Requests must be submitted at least 30 days before the cash-out date.

3. Bereavement Leave:
• Previous Language (Section 9.06): Allowed up to three consecutive days of paid leave for the death of an immediate family member and up to two consecutive days of unpaid leave for other family members.
• Updated Language: Immediate Family Members: Up to three non-consecutive paid days off per instance of death or critical illness. Other Family Members: Up to two non-consecutive unpaid days off per instance of death. Additional unpaid time may be approved for good cause, with the option to use vacation time for further leave.

4. Jury Duty
Previous Language: Jury Duty (Section 10.04) Jury Duty and Court Leave • The City considers jury duty to be an important civic responsibility. Having loyal, conscientious, honest citizens serving on our juries is a basic and essential element of our American system of justice. Therefore, it shall be the policy of the City to encourage jury service by its employees. This policy applies to all regular full-time employees called to jury duty. Every employee of the City who is called or required to serve as a trial juror shall be entitled to be absent from duties with the City during the period of such service or while necessarily being present in court as a result of such call.

No deductions shall be made from the salary of an employee while on jury duty.

Revisions to the jury duty policy provide more detailed instructions and stipulations:

Notification/Summoned:
• Employees must notify their supervisor immediately upon receiving a jury summons and provide written evidence. A regular salary is maintained for up to ten consecutive working days annually. • Jury Duty Accommodation and Call-In Procedures: Procedures for requesting jury duty modifications and scheduling adjustments have been outlined for better alignment with operational needs.
• Jury Duty Shift Conflict and Documentation: Employees are required to return to work after jury duty or adjust schedules based on duty hours. Documentation of jury duty hours must be submitted daily.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: September 11,
2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Approval of Resolution No. 2024-105 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE PURCHASE

OF A WASTEWATER CRANE SERVICE TRUCK IN THE AMOUNT OF
$141,955.59
SUMMARY:

On July of 2024 the City Council approved a capital improvement project for the purchase of a Wastewater Treatment Plant Crane Truck. The Wastewater Department has an urgent need to purchase an additional vehicle due to the lack of a functional crane truck capable of lifting wastewater equipment. Currently wastewater staff is having to hire a crane service company for any emergency pump repair task, relying on their schedule to make repairs. In an emergency with no crane available to schedule would put us at risk to have a raw sewage spill, due to a pump failure. Having our own crane truck would be a great advantage to our infrastructure maintenance and giving our staff proper tools to complete their duties. The existing vehicles have been outgrown by the department’s increased workload on lift station maintenance and need a crane truck to perform these tasks. It will also provide the necessary vehicle needed to assist other departments with various tasks, which would usually require the hiring of a crane service.

In compliance with the City's purchasing policies, a Request For Proposal (RFP) process was utilized to bid out the crane truck as the amount exceeds $35,000, Jim Burke Ford was the lowest bidder.

The bids received were as follows:
• Jim Burke Ford - $141,955.59
• Nixon-Elgi Equipment - $194,877.86
• Precision Truck & Equipment Sales - $165,775.99
FINANCIAL IMPACT:

This purchase will have an impact of $141,955.59. However, this cost has been budgeted in the fiscal year 24-25 and will not affect the department budget, mitigating any financial stress to the fund.

RECOMMENDATION:

Staff recommends the City Council to approve the quote from Jim Burke Ford of $141,955.59 for the purchase of a new Wastewater Crane Truck using allocated funds for fiscal year 24-25.

ATTACHMENTS:

1. Jim Burke Ford CRANE TRUCK

2. Nixon-Egli Equipment Quote

3. Precision Truck and Equipment Sales

4. RFP Crane Truck

5. Addendum #01

RESOLUTION NO. 2024-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE PURCHASE OF A WASTEWATER CRANE SERVICE TRUCK IN THE AMOUNT OF $141,955.59
WHEREAS, the City Council approved a capital improvement project for the purchase of a Crane Service Truck for Wastewater Department staff; and WHEREAS, the Wastewater Department staff has an urgent need for a crane service truck to respond to emergency pump failures; and
WHEREAS, the staff is currently relying on contracting services' schedules to respond to pump failure emergencies; and
WHEREAS, if pump failure emergencies are not responded to quickly, raw sewage spill may occur; and
WHEREAS, the service crane truck will allow staff to respond to pump failures and assist other departments; and
WHEREAS, on July 26, 2024, the City issued a Request for Proposal following the procedures as prescribed by the McFarland Municipal Code, seeking proposals from qualified vendors for a new crane service truck;
WHEREAS, Staff examined the bids received, and found the bid from Jim Burke Ford was the lowest qualified responsive and responsible bid for the crane service truck in the amount of $141,955.59.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The forgoing recitals are true and correct and incorporated herein as if set forth in full

2. Authorizes the purchase of a crane truck from Jim Burke Ford for the wastewater department in the amount of $141,955.59

3. Authorizes the City Manager to utilize funds from the wastewater fund as approved in the fiscal year 2024-25 capital improvement program budget.

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

5. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on September 11, 2024 by the following vote:

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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. _____________________________
Erika De La Cruz, City Clerk

REQUESTS FOR PROPOSAL

VEHICLE PURCHASE
Issued by Yerlys Hernandez, Public Works Director
Diego Viramontes, City Manager
City of McFarland
401 W. Kern Avenue
McFarland CA 93250
ISSUED: Friday July 26th, 2024
DUE DATE: Thursday August 15th, 2024, at 2:00 p.m.

NOTICE OF REQUESTS FOR PROPOSALS

VEHICLE PURCHASE
1) The City of McFarland (hereinafter “CITY”) is soliciting proposals for a new, 1 ½ ton, 2WD Single Cab Utility Crane Truck.
2) The required specifications of the vehicle purchase are outlined in the Specifications Section.

Copies of the Request for Proposal are available from the CITY at:

City of McFarland City Hall
401 W. Kern Avenue
McFarland CA 93250
(661) 792-3091
3) All responses shall be submitted to Yerlys Hernandez of the City of McFarland on or before, Thursday August 15, 2024, at 2:00 p.m. Please submit one (1) electronic copy sent by email to:
[email protected]
4) All responsive proposals shall be reviewed and evaluated by the CITY in order to determine which proposer best meets the CITY’s needs for the vehicle purchase. 5) The CITY reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process.
6) In the event that it becomes necessary to revise any part of the RFP, written addenda will be issued.

Acceptance of Bid
The acceptance of the bids shall be based on the following criteria:
• Cost.
• Adherence to the Specifications.

INTRODUCTION:

The City of McFarland (hereinafter “City”) is soliciting proposals for a qualified vendor to supply a new, 1 ½ -ton 2WD Utility Crane truck.

SPECIFICATIONS:
• General: A new Dodge RAM 5500 Big Horn 2WD Single Cab, Ford F550 SRW 2WD Single Cab, Chevrolet Silverado 5500 HD LT 2WD Single Cab, or equivalent make/ model truck. AS SPECIFIED
• Cab and Body: Standard cab features. Rear bumper, chrome step, including pad, cloth seats, insulated vinyl floor mats, center console, dual sun visors, intermittent wipers, mud flaps (all 4 tires), air conditioning, accessory outlets, dual foldaway (heated) mirrors, interior light package, and a multi-speaker AM/FM radio with clock and “Bluetooth” capability for ‘hands-free’ phone use. The truck shall also come equipped with a reverse camera or other approved equal for backing safety. AS SPECIFIED • Engine: Standard for model.
• Transmission: Automatic.
• Electrical: Standard for model, all electrical to be wired to the ignition system. • Axles: Standard for model.
• Wheelbase: Standard for model.
• Suspension System: Standard for model.
• Steering System: hydraulic power system.
• Brake System: Standard for model with 4-wheel anti-lock brakes. • Trailer Hitch: Standard hitch with standard adaptor.
• Truck Bed: Utility Bed with capability to mount Hydraulic Crane. Truck Bed shall include factory-installed liner.
• Hydraulic Crane: Hydraulic extension up to 20’, crane weight rating of 4,000-10,000lbs , with a 30’ hard wired control, Power -17° to 75° boom elevation, and full manual outriggers 8K pound rated.
• Paint & Colors: Exterior color shall be white. Interior trim to be “black” or “gray” in color.
• Fuel System: Standard for model. Diesel preferred.
• Tires/Wheels: Tire treads to be “All Season” black wall type, mounted on either chrome, aluminum, or steel wheels. Spare tire and rim to also be included.

MANUALS:

In addition to the Owner's Manual, vehicle service manuals (for engine, chassis, utility bed, crane, and electrical) shall be provided in a book format and/or electronic format.

REQUIRED ITEMS ON PROPOSAL:
• Itemized Quote that includes all the bid specifications and price.

AS SPECIFIED

AS SPECIFIED
AS

SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED

AS SPECIFIED
AS

SPECIFIED

• The delivery date shall be stated on the proposal and may be a determining factor in the award of the bid.

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 City of McFarland July 26, 2024
401 W. Kern Avenue
McFarland, CA 93250
Attention – Yerlys Hernadez
Nixon Quote #101148
Reference – Maintainer MTS-1-084 RAM 5500 4X2
We are pleased to quote you Maintainer MTS-1-084 Utility Truck (Stock# 220803) equipped as follows:

Chassis: 2023 RAM 5500 4x2 Single Cab Diesel Powered Chassis --- Maintainer Body ---
• Base price of Service body - 1-ton, 52" tall compartments, 44" x 21" wheel well opening with skirting (includes fuel fill pockets for chassis with mid-frame tanks as needed), front body bulkhead, body access grab handles, painted safety yellow (locations and number to vary with design)
• (11.083) Feet of Service Body - 1-ton, 52" tall Galvannealed compartments with reinforced floors, clean out drains, and 14 Gauge Deck Plate
• Factory Installation of body on a chassis. Note: On 2-ton chassis, we will no longer be modifying the dash for lights or switches. Will use OEM switches where applicable, any additional Maintainer switches will be on a bracket / panel mounted in separate location
• Short Tower Crane reinforcement for MTS 1 or 2 ton service body (up to 45,100 ft*Lbs.) • Crane Location: Curb Side
--- Chassis Equipment & Accessories ---
• Spring or spacer leveling package added to one side of chassis suspension (1-Ton) • Electronic engine speed control - computer set - electronic engine • 2.5 lb ABC fire extinguisher, and hazard reflectors
• Back up alarm - 97 dB at 1 meter
• Camera, relocate existing chassis camera to rear of body Note: Requires factory installed monitor• Fuel fill recessed into side rail
--- Hydraulic Power Package ---
• Closed center LS hydraulic power package W/ HP Filter • Closed center load sensing piston pump - std. displacement • Oil reservoir - complete #022265, composite 28 gallons; Tank only, excluding oil • (28) Hydraulic Oil (Standard oil, per gallon) Oil good for -25° F startup and 9° F to 187° F operating temperature RAM 4500-5500 closed center pump installation (additional labor to install & modify floor pan)Not needed for 4 x 2 with manual transmission
• No Reservoir Heater was selected.
• PTO for electric-over-hydraulic required on chassis with automatic transmission.(Ford F450-F550-F600, F650-F750 & Ram4500-5500)

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 --- Welder / Generator / Inverter / Power Equipment --- • Mounting angles, 45” long Includes mounting holes for common welder types (contact factory for compatible welders) --- Air Compressor Equipment & Accessories ---
• VMAC Predatair 40 CFM rotary screw hydraulic driven air compressor w/ white cover (Closed Center) 40 CFM @ 150 psi with integral hydraulic oil cooler. Includes control panel, mounted near body's switch panel & Hydraulic Soft Start Note:

Hydraulic requirement = 14 GPM (May require large pump kit, not included), Cold weather package included (cooler bypass) 24"L x 16.5"W x 18"H, 162 Lbs.
• Mounting angles for Air Compressor
• Air tank - 17 gallon - (Pressure rating of 200 psi) / 16" diameter (000012) Includes moisture drain, Painted Black • Air accessory package - 1/2" X 50', spring rewind reel, hose & ball stop • 1/2" Filter, Regulator, and Lubricator (FRL)
• Fiber box; Hose reel access, Limit 1 Reel Per Fiber box --- Outriggers & Accessories ---
• Outriggers for cranes up to 45,100 ft*Lbs., hydraulic up/down rear outriggers (2) with hydraulic extend in/out on crane side (30" extend)
• Outrigger pads, permanent (welded-on)
--- Compartment Equipment & Accessories ---
• Pressurized Storage System (PSS), 2-blowers with filters • (11.083) Feet of Master Compartment Locking System for service body. Spring loaded with padlock guards for both sidepacks
--- Street Side Vertical Compartment #1 ---
• Dimensions:52" Tall X24" Wide X23" Deep
• 12-Volt LED strip light
• Single 3/16" Aluminum Vertical hinge door, Includes Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• (2) Shelf, aluminum adjustable compartment shelf (250 Lbs. capacity) - Installed --- Street Side Vertical Compartment #2 ---
• Dimensions:52" Tall X35" Wide X23" Deep
• 12-Volt LED strip light
• Reverse Hinged 3/16" Aluminum, Single Door, Included Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• DuaLock or Bolt Bin - See configuration details and price below --- Street Side Overwheel Compartment ---
• Dimensions:31" Tall X44" Wide X23" Deep
• 12-Volt LED strip light
• Vertical Double 3/16" Aluminum Doors (French Style), Includes Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• (2) Door Gas spring 65# (003184)
• Shelf, aluminum adjustable compartment shelf (250 Lbs. capacity) - Installed --- Street Side Rear Vertical Compartment ---
• Dimensions:52" Tall X30" Wide X23" Deep
• 12-Volt LED strip light
• Single 3/16" Aluminum Vertical hinge door, Includes Rubber Seal Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• DuaLock or Bolt Bin - See configuration details and price below

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 --- Curb Side Vertical Compartment #1 ---
• Dimensions:59" Tall X24" Wide X23" Deep
• Above standard compartment height cost
• Single 3/16" Aluminum Vertical hinge door, Includes Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• 12-Volt LED strip light
• 2 Oxy/Act Bottle Storage Kit, contains Ratchet Strap, Vents in door,(2) "J" Hooks, reinforced floor (Protective spray coated)and mounting side brackets
--- Curb Side Vertical Compartment #2 ---
• Dimensions:52" Tall X35" Wide X23" Deep
• 12-Volt LED strip light
• Reverse Hinged 3/16" Aluminum, Single Door, Included Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• (2) Shelf, aluminum adjustable compartment shelf (250 Lbs. capacity) - Installed --- Curb Side Overwheel Compartment ---
• Dimensions:31" Tall X44" Wide X23" Deep
• 12-Volt LED strip light
• Vertical Double 3/16" Aluminum Doors (French Style), Includes Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• (2) Door Gas spring 65# (003184)
• DuaLock or Bolt Bin - See configuration details and price below --- Curb Side Crane Pedestal ---
• Dimensions:47" Tall X30" Wide X23" Deep
• 12-Volt LED strip light
• Single 3/16" Aluminum Vertical hinge door, Includes Rubber Seal • Standard Compartment 3-Point "D Ring" Door Latch
• Door Gas spring 65# (003184)
• Shelf, aluminum adjustable compartment shelf (250 Lbs. capacity) - Installed --- Lighting / Electrical Equipment & Accessories ---
• Base electrical components - Can System Includes Wiring Harnesses, Power Distribution Module, & Main Body Controller•

4.3" display CAN switch panel
• ~Grote FMVSS 108 LED lighting / reflector Kit: (2) Oval S/T/T/R, (2) Oval S/T/T, (5) Red 3/4" Marker lights, (2) Amber 3/4" Marker lights
• (6) Exterior 12-Volt LED flood light 022232 ( 2,100 Lumens) • ~Strobe Lightheads, L.E.D, oval, amber, recessed, 6.5" x 2.25" (pair) --- Paint, Undercoating, & Protective Spray Coating (PSC) --- • (11.083) Feet of Unit Painted Urethane "White" color. Not a base coat/clear coat or Metallic• (11.083) Feet of Primer • (11.083) Feet of Splatter Coating on interior of compartments • (11.083) Feet of Undercoat
• PSC- Level 30 •Compartment Fronts •Bottoms of Door Frames •Outside area of Wheel Wells •Outer Vertical outrigger tubes •Bumper Sides & Step (face & top) •Bumper Top Surface •Bumper Vertical Surface •Center Deck Floor, includes Welder Deck Cargo Side Walls, includes Bulkhead •Compartment Tops, includes Welded on brackets/Guards

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 --- Center Deck Equipment & Accessories ---
• Center Deck Dimensions:133" Long X49" Wide X1/8" Thickness (11.083) ~1/8" Cargo floor (deck plate)
• 10" Tall hinge-down "Slam Latch" Aluminum tailgate (12" total Height, 10" tall above deck) (protective spray front, black paint on rear)
• (6) Flush mount "D" ring tie-downs in bed floor #003217, each --- Rear Bumper & Accessories ---
• 26" steel workbench bumper with recessed step on curb side, 1 storage compartment. Includes: Bolt on Yellow grab handles and strip light for recessed step safety
• ~Bumper surface 3/16" smooth
• ~Transverse bar storage compartment in workbench bumper flush to the floor • Vise / grinder removable mounting plate HD, includes drain slots in plate • Class IV hitch receiver - 2" receiver - rated at 1,500 Lbs.. vert. 10,000 Lbs. Includes Safety Chain loops MGTW Note:
customer is responsible to verify tow rating of chassis and available GVWR/GCWR remaining after loading of body and all other items.
• Trailer plug-in 7-prong flat blade #007486 (RV style) --- Miscellaneous Equipment & Accessories ---
• Mud flaps, 1-ton, "Maintainer"
• Mud flap bracket for a 20" mudflap
• Parts and service manual (Online & condensed paper version) ---Maintainer Crane---
H7024ST Crane 7,000 Lbs. max capacity (45,100 ft*Lbs.) with hydraulic extend hex-boom 11'-24' Note: Max capacity Listed above is for 2-part line, for single-part line max capacity is 4,300 Lbs. Crane includes A2B, overload system, holding valves ACC 2.1 (crane lifting weight display, capacity & speed limiting, stability monitoring, warn / stop feature) Paint note:

Ship- out crane-only: Requires paint Charge Crane installed on body: No additional paint charge unless different color than body MIN GVW REQUIRED: 19,500
• Install hydraulic crane on body - includes boom saddle, and valve well with HD reinforced cover • ~Load Block (No live swivel) H6-H10
• Planetary winch (H6-H7) TI1
• Crane remote, wireless, push button (H6-H14), with true independent proportional control, includes holder, external antenna, hour meter, engine start/stop
• Backup cable for wireless crane remote, 35ft (#022585) • Annual crane inspection (initial inspection)
• Paint Crane to match Service Body
• Exterior 12v LED flood light on crane boom tip (2-Lights, Ecco E92006, 1365 Lumens) on pivot bracket ---Street Side Vertical #2 Dualock---
Config # C24135 Design Style: (7) drawer set #020017 (29" wide) Housing Dimensions:41.5" Tall, 29" Wide, 18" Deep

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 ---Street Side Rear Vertical Dualock---
---Curb Side Over Wheel Bolt Bin---

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 The unit quoted above is currently in stock and is subject to disposition or sale The above price(s) are valid for 30 days.

Thank you for the opportunity to quote on your equipment needs. If you have any further questions, please feel free to contact me.

Sincerely,
Nixon-Egli Equipment CO.

Christian Velasco
Municipal Area Manager
Unit Price: $180,025.74
Sales Tax (Kern County 8.25%): $14,852.12
Total Price: $194,877.86

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884

www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884

Estimate
Date
8/14/2024
Estimate #
COM081424
Name / Address

CITY OF MCFARLAND
401 W. KERN AVE
MCFARLAND, CA 93250

PRECISION TRUCK &
EQUIPMENT SALES, INC.
2020 W. LOWELL ST
Project
Total
Description Qty U/M Rate Total
2024 F-550 4X2 REG CHASSIS CAB DRW
F550 4X2 CHASSIS CAB DRW/145
145 INCH WHEELBASE

OXFORD WHITE
CLOTH 40/MINI-CONSOLE/40 SEAT

MEDIUM DARK SLATE
PREFERRED EQUIPMENT PKG.660A .

XL TRIM
.

AIR CONDITIONING -- CFC FREE
.

AM/FM STEREO MP3/CLK

6.7L POWER STROKE VB DIESEL
10-SPEED AUTO TORQSHIFT
225/70R19.SG BSW ALL POSITION

4.10 RATIO REGULAR AXLE
18000# GVWR PACKAGE
50 STATE EMISSIONS

SPARE TIRE AND WHEEL
JACK
40 GAL AFT OF AXLE FUEL TNK

DUAL BATTERY

REAR VIEW CAMERA & PREP KIT
1 76,288.80 76,288.80
F/I SERVICE BODY AND CRANE ON CUSTOMER SUP
PLIED CHASSIS
1 89,487.19 89,487.19

Estimate
Date
8/14/2024
Estimate #
COM081424
Name / Address

CITY OF MCFARLAND
401 W. KERN AVE
MCFARLAND, CA 93250

PRECISION TRUCK &
EQUIPMENT SALES, INC.
2020 W. LOWELL ST
Project
Total
Description Qty U/M Rate Total
108" LONG, 60" CA, 42" HEIGHT, 21" COMPARTMENT
S, 52" BED WIDTH, VETICAL SERIES
BOTH SIDES
SOLID TOP ON CS, FLIP TOP ON DS
ONE PIECE WHEEL WELL
THREE POINT T-HANDLES, IN PRIME
WEATHER STRIPPING ON ALL DOORS
LED TAIL LIGHT PACKAGE
UTB PLUS PACKAGE CONSISTING OF 1" FLANGE ON
SIDE PACKS, DOUBLE
REINFORCED FRONT PANEL, FULL WIDTH REAR CR
OSS MEMBER, THREE LONG SILLS
CROSSMEMBERS INTERLACED.
6000LB CRANE REINFORCEMENT SOLID TOP
PAINT SERVICE BODY WHITE (132")
STAINLESS STEEL GRAB HANDLE AT BUMPER
FOLD DOWN STEP AT BUMPER
CAB PROTECTOR MADE WITH 2X2 TUBING AND EX
PANDED METAL PAINTED WHITE
HEAVY DUTY REAR WORK PLATFORM MADE FROM
1/4" PLATE  WITH BUILT IN
UNDERBODY BOXES
LATCHING REMOVABLE TAILGATE WITH AUTOMO
TIVE STYLE ROTARY LATCHES AND STAINLESS ST
EEL HANDLE
INFINITELY ADJUSTABLE SHELVING IN ALL COMPA
RTMENTS EXCEPT CRANE
COMPARTMENT.

ALUMINUM DIAMOND PLATE ROCK / SPLASH GUAR
DS 35"-41"  PLACED ON FRONT OF
COMPARTMENTS BEHIND CAB
Stellar Model EC6000 Telescopic crane - 38,000 ft/lb, 6000 lb. maximum
capacity, 12V electric/hydraulic only, hydraulic/manual reac h to 21', fourfunction radio remote

Estimate
Date
8/14/2024
Estimate #
COM081424
Name / Address

CITY OF MCFARLAND
401 W. KERN AVE
MCFARLAND, CA 93250

PRECISION TRUCK &
EQUIPMENT SALES, INC.
2020 W. LOWELL ST
Project
Total
Description Qty U/M Rate Total
standard, 12V electric planetary winch with 16 ft.
/min. maximum single line speed, double acting cylinders wi th integral
counterbalance valves, gear bearing rotation system, double boom design.

Painted white. (EC Power Option PN 65124 recommended
with this crane)
Rear Stabilizer up to 55,000 ft-lbs, manual out/crank down - for non-Stellar
mechanics body up to with corner mount crane support, pain ted black,
weld-on
Adjustable boom Support - 24.63" to 30.63" - For EC4000, EC5000, EC6000 -
Required with raised compartment in front of crane
FAB AND INSTALL TAILSHELF WITH 2" RECIEVER H
ITCH AND 7/4 COMBO PLUG
SPEEDLINE WORK AREA AND TAIL SHELF
QUAD CAL OSHA INSPECTION
PROVIDE AND INSTALL FIRE EXTINGUISHER CHOC
K BLOCKS AND TRIANGLE
KIT

PRICE DOES NOT INCLUDE AND APPLICABLE

SALES/USE TAX OR REGISTRATION
SALES TAX - COUNTY OF SAN BERNARDINO 7.75% 0.00

$165,775.99

REQUESTS FOR PROPOSAL

VEHICLE PURCHASE
Issued by Yerlys Hernandez, Public Works Director
Diego Viramontes, City Manager
City of McFarland
401 W. Kern Avenue
McFarland CA 93250
ISSUED: Friday July 26th, 2024
DUE DATE: Thursday August 15th, 2024, at 2:00 p.m.

NOTICE OF REQUESTS FOR PROPOSALS

VEHICLE PURCHASE
1) The City of McFarland (hereinafter “CITY”) is soliciting proposals for a new, 1 ½ ton, 2WD Single Cab Utility Crane Truck.
2) The required specifications of the vehicle purchase are outlined in the Specifications Section.

Copies of the Request for Proposal are available from the CITY at:

City of McFarland City Hall
401 W. Kern Avenue
McFarland CA 93250
(661) 792-3091
3) All responses shall be submitted to Yerlys Hernandez of the City of McFarland on or before, Thursday August 15, 2024, at 2:00 p.m. Please submit one (1) electronic copy sent by email to:
[email protected]
4) All responsive proposals shall be reviewed and evaluated by the CITY in order to determine which proposer best meets the CITY’s needs for the vehicle purchase. 5) The CITY reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process.
6) In the event that it becomes necessary to revise any part of the RFP, written addenda will be issued.

Acceptance of Bid
The acceptance of the bids shall be based on the following criteria:
• Cost.
• Adherence to the Specifications.

INTRODUCTION:

The City of McFarland (hereinafter “City”) is soliciting proposals for a qualified vendor to supply a new, 1 ½ -ton 2WD Utility Crane truck.

SPECIFICATIONS:
• General: A new Dodge RAM 5500 Big Horn 2WD Single Cab, Ford F550 SRW 2WD Single Cab, Chevrolet Silverado 5500 HD LT 2WD Single Cab, or equivalent make/model truck.
• Cab and Body: Standard cab features. Rear bumper, chrome step, including pad, cloth seats, insulated vinyl floor mats, center console, dual sun visors, intermittent wipers, mud flaps (all 4 tires), air conditioning, accessory outlets, dual foldaway (heated) mirrors, interior light package, and a multi-speaker AM/FM radio with clock and “Bluetooth” capability for ‘hands-free’ phone use. The truck shall also come equipped with a reverse camera or other approved equal for backing safety.
• Engine: Standard for model.
• Transmission: Automatic.
• Electrical: Standard for model, all electrical to be wired to the ignition system. • Axles: Standard for model.
• Wheelbase: Standard for model.
• Suspension System: Standard for model.
• Steering System: hydraulic power system.
• Brake System: Standard for model with 4-wheel anti-lock brakes. • Trailer Hitch: Standard hitch with standard adaptor.
• Truck Bed: Utility Bed with capability to mount Hydraulic Crane. Truck Bed shall include factory-installed liner.
• Hydraulic Crane: Hydraulic extension up to 20’, crane weight rating of 4,000-10,000lbs, with a 30’ hard wired control, Power -17° to 75° boom elevation, and full manual outriggers 8K pound rated.
• Paint & Colors: Exterior color shall be white. Interior trim to be “black” or “gray” in color.
• Fuel System: Standard for model. Diesel preferred.
• Tires/Wheels: Tire treads to be “All Season” black wall type, mounted on either chrome, aluminum, or steel wheels. Spare tire and rim to also be included.

MANUALS:

In addition to the Owner's Manual, vehicle service manuals (for engine, chassis, utility bed, crane, and electrical) shall be provided in a book format and/or electronic format.

REQUIRED ITEMS ON PROPOSAL:
• Itemized Quote that includes all the bid specifications and price.

• The delivery date shall be stated on the proposal and may be a determining factor in the award of the bid.

Jim Burke Ford Dealership
2001 Oak Street
Bakersfield, CA 93301
Purchase Order #
VIN #
Unit / Truck#
Date
Salesman
Terms
80316
04/22/2024
Tyler
NET 30
Bill To: Ship
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Jim Burke Ford Dealership
P.O. Box 2088
Bakersfield, CA 93303-2088

Sales Order #
White
2024
60"
Phone: 805) 561-8771
Year:

Attn: Anthony Huerta
Chassis Color: White
Regular Cab
Body Color:

Additional Information: Truck Make:
*** Customer To Verify Truck And Bed Specs. ***
Model:

Rear Axle:

Ford
Cab Axle:

Email: [email protected]
Cab Type:

Paint Code:

DRW
F-550
Key Tag #
Ln# Item Code Qty Description List Price Extension
1 001-E/MAX/23 1.0 Douglass Maximizer Crane Body, 9'
- Flat-top compartment on crane side, built-in flip-top boxes w/ dividers opposite crane.
- Manufactured to fit a full sized chassis with
dual-rear-wheels and a 60" cab to axle measurement.
- Constructed with superior corrosion resistant A60
galvannealed steel.
- Heavy duty 14 & 18 gauge double panel doors with
beveled edges.
- Stainless steel piano hinges secured to body every 2.5". - Gas strut supports on all vertical doors and flip-top toolbox lids. 2 003-0170 1.0 One Piece Wheel Well (PER PAIR)
- Heavy duty 12ga one piece round wheel well reinforced with 3/4" split tube.
3 008-2017 1.0 3 - Point Stainless Steel Latch System for Model E/MAX/23 - Full contact strikers offer positive locking to the
body in three places for maximum security.
4 008-4017 1.0 Triple Seal Weatherstripping for Model E/MAX/23 - OEM style weather stripping designed to protect your tools and equipment from the elements.
5 008-0412 1.0 Wiring Harness, Ford Chassis
- OEM type harness that plugs directly into vehicles existing light wiring harness requiring no cutting or splicing.
6 008-0052 1.0 LED Tail Light Package (Grommet Style)
- Brighter than bulb style lights for increased
visibility and safety.
- Mounted in shock absorbing rubber grommet.
- Includes 9 Diode White LED back-up, 6 Diode Red Stop/Turn lights, and 3/4" Clearance lights package.

Authorized dealer of

Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tyler
04/22/2024
NET 30
Purchase Order
VIN #
Terms
Date
Unit / Truck#
80316
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman

Sales Order #
Key Tag #
Ln# Item Code Qty Description List Price Extension
7 009-0033 1.0 Mount 9' Douglass Truck Body
- Douglass certified mounting that meets or exceeds all D.O.T. requirements.
8 010-0005 1.0 Paint 9' Douglass Truck Body
- PPG high solids corrosion resistant primer and PPG Delfeet paint applied by a certified PPG Technician.
10 008-3065 2.0 Stainless Grab Handle w/ Gasket
11 009-0080 2.0 Fold Down Step
12 009-0009 1.0 Cab Protector, Standard
- Constructed with 2" x 2" square tubing for added strength. - Covered with expanded metal for maximum window protection. 13 010-0115 1.0 Paint Cab Protector
14 003-0163 1.0 Work Platform, Rear, "V" Notch. for DRW Bodies With Outriggers - HD work deck built from 1/4" steel plate with integral formed "V" notch.
- Built-in driver side and curb side underbody boxes.
15 003-3012 1.0 Latching Tailgate For Work-Platform
- Removable tailgate for easy cargo access,
with 2-Position automotive style rotary latches.
- Actuated Stainless Steel Paddle Handle.
16 009-0029 1.0 Rear Frame Extension
17 069-0029 1.0 * * * Standard Towing Package * * *
18 009-0073 1.0 Hitch, 2" Square Receiver, Class V (12K Capacity) - 12,000 lb Gross Tow Weight Rating
- 1,200 lb Tongue Weight Rating
- Never exceed the vehicle's weight rating, or the lowest rating of any component of the towing system
19 060-0072 1.0 7-Prong Hardwired plug for chassis, except GM's and pickups 20 009-0075 1.0 Install / Wire Trailer Connector Plug
21 069-0031 1.0 * * * Interior Configurations * * *
22 069-0002 1.0 Driver Side Front Compartment Interiors Authorized dealer of

Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tyler
04/22/2024
NET 30
Purchase Order
VIN #
Terms
Date
Unit / Truck#
80316
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman

Sales Order #
Key Tag #
Ln# Item Code Qty Description List Price Extension
23 003-0103 68.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
24 069-0005 1.0 Driver Side Horizontal Compartment Interiors 25 003-0103 50.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
26 069-0006 1.0 Driver Side Rear Compartment Interiors
27 003-0103 48.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
28 069-0007 1.0 Curb Side Front Compartment Interiors
29 003-0103 68.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
30 069-0010 1.0 Curb Side Horizontal Compartment Interiors 31 003-0103 50.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
32 069-0011 1.0 Curb Side Rear Compartment Interiors
- Crane Compartment
Authorized dealer of

Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tyler
04/22/2024
NET 30
Purchase Order
VIN #
Terms
Date
Unit / Truck#
80316
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman

Sales Order #
Key Tag #
Ln# Item Code Qty Description List Price Extension
33 069-0032 1.0 * * * Crane Configurations * * *
34 061-1032 1.0 Auto Crane EHC-6, HW (370°) 360645001
- Hydraulic extension to 20'
- 370° Non-Continuous Power Rotation
- 30 ft Hard-Wired Control
- Non-tipping swiveling travel block with latch
- Power -14° to 75° boom elevation
- Automatic overload protection: hoist, boom ext., & boom down - Meets OSHA 1910.180 requirements and ASME B30.5 safety standards
- 24v Unit *Requires Additional Battery
- 14,500 GVWR minimum chassis requirement
- Two Year Factory Warranty
35 040-23 1.0 Inbound Freight for AC6000+ Crane
36 003-0061 1.0 Hoist Support, 4,000lb-10,000lbs Cranes, 20"-24"W Rear Compartment
- Upgraded HD compartment support for crane.
37 003-0190 1.0 5"x3"x1/4" Understructure
- Upgraded HD underbody suport to 5" x 3" x 1/4" tubing. 38 009-0059 1.0 Boom Support, 4,000# - 14,000#
39 009-0066 1.0 Install, Crane, 4,000# - 14,000#
40 060-0051 1.0 ANL-250, Bussman Fuse & Holder Kit
41 060-33 1.0 Deep Cycle Battery Package
- Includes hold down rods & plastic tray
42 003-9080 1.0 Fixed Shelf
43 067-0023 1.0 A-1 Springs, F-550 DRW 2 Crane Side 1 Other 44 061-1217 1.0 Full Manual Outriggers, 8K, CS, AC 560142000 45 040-0300 1.0 Freight, Inbound
46 009-0201 1.0 Install / Support Outriggers
47 069-0036 1.0 * * * Body Protection Package * * *
Authorized dealer of

Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tyler
04/22/2024
NET 30
Purchase Order
VIN #
Terms
Date
Unit / Truck#
80316
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman

Sales Order #
Key Tag #
Ln# Item Code

NON-TAX ITEMS
Qty Description List Price Extension
9 060-23 1.0 Weight Certificate
- certified vehicle weight certificate for DMV registration.

Ln# Item Code Qty Description List Price Extension
48 003-0001 2.0 Alum Dia Plate, Rock Splash Guards 35"-41" - Aluminum placed on front of compartments behind cab
to protect body from rocks and other road debris.
49 008-0301 1.0 Mud Flaps, 24x36 & 30 & 14, DRW
Subtotal:

Sales Tax:

Shipping:

Grand Total:

Revision # 4 Page 5 of5
Authorized dealer of
Received By:_______________________________________________ Date:____________________________________

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: September 11,
2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference and Expo, October 16-18, 2024
SUMMARY:

The League of California Cities Annual Conference and Expo is scheduled to take place from October 16-18, 2024. A key component of this event is the General Assembly, where city officials have the opportunity to actively participate in shaping Cal Cities' policies. Each member city is entitled to appoint one voting delegate who will represent the city during the General Assembly on October 18. This delegate will have the responsibility of voting on resolutions that impact cities throughout California.

In addition to the primary voting delegate, cities are encouraged to designate up to two alternate delegates. These alternates can step in and vote if the primary delegate is unable to fulfill their duties. Both voting delegates and alternates can be either elected or appointed city officials.

FINANCIAL IMPACT:

There is no financial impact associated with this action.

RECOMMENDATION:

Staff recommends that the City Council designate one voting delegate and two alternates to represent the City of McFarland at the League of California Cities Annual Conference and Expo.

ATTACHMENTS:

1. 2024 Cal Cities Voting Delegate Information Packet

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

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

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

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

Council Action Advised by September 25, 2024

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

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

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

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

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

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

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

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

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

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

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

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

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

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

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

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

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

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

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

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

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

Recommendations are forwarded
to the Resolutions Committee.

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

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

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

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

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

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).