CITY OF MOORPARK
JANICE S. PARVIN
Mayor
DR. ANTONIO CASTRO
Councilmember
CHRIS ENEGREN
Councilmember
DANIEL GROFF
Councilmember
DAVID POLLOCK
Councilmember
CITY MANAGER’S OFFICE | 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 | Fax (805) 532-2528 | [email protected]
NOTICE AND CALL OF A
REGULAR MEETING OF THE
ADMINISTRATION, FINANCE & PUBLIC SAFETY STANDING COMMITTEE (Mayor Parvin and Mayor Pro Tem Castro)
Wednesday, January 5, 2022, at 5:45 p.m.
TO THE MEMBERS OF THE ADMINISTRATION, FINANCE AND PUBLIC SAFETY STANDING COMMITTEE OF THE CITY OF MOORPARK:
NOTICE IS HEREBY GIVEN that a Regular Meeting of the Administration, Finance and Public Safety Standing Committee is hereby called to be held on Wednesday, January 5, 2022, commencing at 5:45 p.m. Said meeting will be held in the Large Conference Room of the Moorpark Community Center, located at 799 Moorpark Avenue, Moorpark, California.
Said Regular Meeting shall be for the purpose of considering the following items:
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. DISCUSSION ITEMS:
A. Consider Resolution Adopting Revised City Council Policies and Rescinding Resolution No. 2019-3851. Staff Recommendation: Recommend to the City Council to Adopt Resolution No. 2022-____, rescinding Resolution No. 2019- 3851. (Staff: PJ Gagajena)
5. ADJOURNMENT:
Posted: December 30, 2021
All writings and documents provided to the members of the Finance, Administration and Public Safety Standing Committee of the City of Moorpark regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agendas and agenda reports for City Council Standing Committee meetings are available on the City's website at www.moorparkca.gov.
In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk’s Division at (805) 517-6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II).
MOORPARK ADMINISTRATION, FINANCE AND PUBLIC SAFETY
COMMITTEE
AGENDA REPORT
TO: Honorable Committee Members
FROM: PJ Gagajena, Assistant City Manager
DATE: 01/05/2022 Regular Meeting
SUBJECT: Consider Resolution Adopting Revised City Council Policies and Rescinding Resolution No. 2019-3851
BACKGROUND AND DISCUSSION
The City Council Policies Resolution was last updated on September 18, 2019, (Resolution No. 2019-3851). The attached draft incorporates all policy amendments adopted by the Council since the last update and includes other policy changes. The most significant changes to the Resolution are summarized below.
Policy 1.2: The City Council Standing Committees Policy is revised to remove the function of reviewing General Plan Amendment pre-screening requests by the Community and Economic Development Committee since such requests have been suspended by the City Council on February 3, 2021. The Policy is also revised to eliminate the specific month and year in which appointments are made and meeting schedules are approved for Standing Committees to allow flexibility on when the reorganization meeting will occur.
Policy 1.8: The City Council Cellular Telephone Policy is revised to reflect the changes adopted by the City Council on March 17, 2021. The changes include increasing the reimbursement for the purchase of a new cell phone from $325.00 to $500.00 every two years, and providing the option of a City-issued cell phone in lieu of purchasing a phone and receiving a monthly reimbursement.
Policy 1.11: The City Council Dinner Meal Policy is removed since dinner meals are no longer provided before City Council meetings.
Item: 4.A.
Honorable Committee Members
01/05/2022 Regular Meeting
Policy 2.2: The Policy on Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees is revised to remove the specific posting locations of the Appointments List and notices of availability, which are overly prescriptive. This will allow a broader range of places to advertise including social media or other City facilities while remaining in compliance with the Maddy Act.
Policy 2.7: The Drug-Free Workplace Policy is updated to include the use of recreational and medicinal cannabis as required by the California Joint Powers Insurance Authority. The Policy states that the City of Moorpark treats cannabis the same as any other drug. Although the use of cannabis is legally permissible in the State of California, it remains a prohibited and controlled substance under federal law. The City of Moorpark reserves the right to take disciplinary action under this Policy when cannabis or cannabis products are involved, whether it is used for medicinal or non-medicinal purposes, and whether or not it has been prescribed for the employee’s use.
Policy 3.2: The Small Claims Court Policy is updated to reflect the current maximum value of $10,000 in which an individual or sole proprietor may file suit in small claims court in the State of California. This amount is also updated in Policy
5.4 Accounts Receivable Collection.
Policy 5.2: The Fund Balance Reserve Policy is revised to reflect the changes adopted by the City Council on October 21, 2020. The changes clarify the following: 1) the fund balance accounting classification that the Emergency/Contingency and the $1 million unreserved will be placed under; 2) the type of expenditure used for the 20% calculation of the Emergency/Contingency reserve; and 3) the priority list for which the unassigned General Fund surplus will be used before the remaining excess is transferred to Special Projects Fund.
Policy 5.3: The Authorization for the Issuance and Countersigning of Warrants and Wire Transfer Authority Policy is revised to remove any references to the Deputy Finance Director position, which is no longer occupied or planned to be filled. In addition, the Policy is revised to specify that any expenditure requests over $50,000 must be approved by the City Council.
Policy 5.5: The Landscape and Lighting Assessment District Policy is revised to reflect the changes adopted by the City Council on April 21, 2021. The changes establish both Operational Reserve and Capital Reserve accounts and sets the guidelines for funding each of the reserve accounts. In keeping with the requirements of the Landscape and Lighting Act of 1972, the Operational Reserve account fund balance for each District would include estimated costs of maintaining and servicing all existing and proposed improvements up through December 10 of the upcoming fiscal year, or approximately fifty percent (50%) of Honorable Committee Members
01/05/2022 Regular Meeting
the annual estimated costs for each such District. The Capital Reserve account would be funded in accordance with the Landscape and Lighting Maintenance Districts Reserve Fund Study Report, and not exceed the amounts established therein. The proposed changes to the Policy also contain an update regarding the funding of annual deficits to clarify that those Districts subject to fixed maximum assessment rates that are to be restored by transfers from the General Fund, or other funds, as approved by City Council.
Policy 5.8: Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB 54) Policy is revised to include other funds designated by the City Council for the future design and construction of infrastructure improvement projects.
Policy 5.9: The Credit Card Acceptance and Processing Policy is revised to remove the need for City Manager approval for transactions greater than $5,000.
The requirement for a cardholder’s wet signature is also removed if the credit card payment transaction can capture a cardholder’s signature digitally. A printed payment record receipt is also removed if the payment record can be transmitted electronically to the cardholder. Finally, the Policy is revised to allow credit card transactions to be processed over the telephone at all City facilities rather than only at the Arroyo Vista Recreation Center and Library.
Policy 6.18: The Moorpark City Library Circulation Policy is revised to reflect the changes adopted by the City Council on October 21, 2020. The changes include guidance on Discovery Kits related to loan periods and replacement of missing or damaged items. Discovery Kits contain developmentally appropriate literature, manipulatives, educational toys, and activities to aid in creating a learning environment in which children are entertained, engaged, and excited to learn.
Any references to the Administrative Services Department, which no longer exists, has been changed to the City Manager’s Office and other department or division name changes have been revised accordingly. Any references to outdated job classifications have also been removed and/or updated to current positions in the City’s most recently adopted Classification Plan. Other changes to the City Council Policies include minor editorial corrections or clarifications.
FISCAL IMPACT
There are no fiscal impacts associated with this action.
COUNCIL GOAL COMPLIANCE
This action does not support a City Council Goal.
Honorable Committee Members
01/05/2022 Regular Meeting
STAFF RECOMMENDATION
Recommend to the City Council to Adopt Resolution No. 2022-____, rescinding Resolution No. 2019-3851.
Attachment: Draft Resolution
RESOLUTION NO. 2019-38512022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL
POLICIES AND RESCINDING RESOLUTION NO. 2018-37632019-
3851
WHEREAS, the City Council has directed that its policies be compiled and adopted in one resolution; and
WHEREAS, the City Council adopted Policies Resolution No. 2018-37632019- 3851 on November 7, 2018September 18, 2019, and at the regular September 18, 2019________2022 City Council meeting, the Council considered a revised Policies Resolution incorporating amended policies as described in the agenda report.
WHEREAS, Policies Resolution No. 2018-37632019-3851 is proposed to be rescinded and an updated Policies Resolution adopted; and WHEREAS, the index for the updated City Council Policies Resolution is as follows:
SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL
CANDIDATES
Policy 1.1: Information to be Provided to Official City Council Candidates (Councilmember and Mayor)
Policy 1.2: City Council Standing Committees
Policy 1.3: City Council Comments on Development Projects before the Planning Commission
Policy 1.4: City Council Use of City Website
Policy 1.5: City Council Use of City Computers and City Email Accounts for all City Business Communications
Policy 1.6: City Council Credit Card Use
Policy 1.7: City Council Use of City Pool Vehicles
Policy 1.8: City Council Cellular Telephone Reimbursement Policy 1.9: City Council Completion of City Manager Evaluation Policy 1.10: City Council Identification Badges and Picture Identification Card Policy 1.11: City Council Dinner Meal
Policy 1.12: City Council Use of Mass Mailings
Policy 1.13: City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication
SECTION 2. POLICIES ADMINISTERED BY ADMINISTRATIVE SERVICES DEPARTMENT THE CITY MANAGER’S OFFICE AND CITY CLERK
Policy 2.1: City Clerk Records Destruction Approval Authority Policy 2.2: Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees
Policy 2.3: Reports from Appointees
Policy 2.4: Ethics Training
ATTACHMENT
Resolution No. 2019-38512022-_____
Policy 2.5: Conflict of Interest Opinions and Appraisals Policy 2.6: Policy against Harassment, Discrimination, and Retaliation Policy 2.7: Drug-Free Workplace
Policy 2.8: Drug and Alcohol Testing Regulations for Employees that are Drivers of Commercial Vehicles
Policy 2.9: Employee, Contract Staff, Consultant, and Volunteer Letters of Recommendation and Background Check Response
Policy 2.10: Employee Anniversary Recognition Program
Policy 2.11: City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Policy 2.12: Procedure for Filing a Complaint against a City Employee or Contract Staff Policy 2.13: Americans with Disabilities Act/Section 504 of Rehabilitation Act Complaint and Grievance Procedure
Policy 2.14: City Wireless Internet Network
Policy 2.15: City Website Content and External Links
Policy 2.16: Process for Preparation of Initial Drafts of Ordinances by City Departments Policy 2.17: Gift and Honoraria Regulations for City Employees Policy 2.18: Employment of Family Members
Policy 2.19: Personal Social Media Use by City of Moorpark (“City”) Employees and Employees of City Contractors
Policy 2.20 Social Media Use by Members of City Council and City Commissions Policy 2.21: Waste Reduction and Recycled-Content Product Procurement Practices SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER’S OFFICE Policy 3.1: City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees
Policy 3.2: Authorization for City Manager to Approve Small Claims Court Filing and Civil Compromise for City Claim against Another Party Having a Value Not to Exceed $510,000.00, and Authorization for City Manager to Allow, Settle and/or Compromise any Claim Filed against the City Having a Value Not to Exceed $50,000.00
Policy 3.3: Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00
Policy 3.4: Pre-Qualification of Bidders
Policy 3.5: First-Time Home Buyer Affordable Housing Program Policy 3.6: Appointment of Personnel Officer
Policy 3.7: Distribution, Use, and Reporting of Tickets or Passes Given to City Policy 3.8: Right-of-Way Acquisition Process
Policy 3.9: Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements Policy 3.10: Safe Harbors Adoption and the Affordable Care Act (ACA) Policy 3.11 Payment Arrangement Policy
SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT
DEPARTMENT
Policy 4.1: Temporary Use Permit Fee Waivers
Policy 4.2: Refunds for Business Registration
Resolution No. 2019-38512022-_____
Policy 4.3: Code Compliance Program
Policy 4.4: Street Naming
Policy 4.5: Enforcement of Section 8.14.140 (Prohibition Against Maintaining Graffiti on Private Property) of the Moorpark Municipal Code on Properties Maintained for Single-Household and Two-Household (Duplex) Residential Use Policy 4.6: Designation of Community Events per Health and Safety Code Section 113755
SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT
Policy 5.1: Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement
Policy 5.2: General Fund Reserve
Policy 5.3: Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code and Wire Transfer Authority Policy 5.4: Accounts Receivable Collection
Policy 5.5: Landscape and Lighting Assessment District Capital Reserve Fund Balance Policy 5.6: InvestmentsCity Treasurer, Investments, and Cash Handling Policy 5.7: Annual Review of Fee Resolutions and Authorization for Fee Modification and Waiver
Policy 5.8: Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB)
Policy 5.9: Credit Card Acceptance and Processing
Policy 5.10 Debt Management Policy
SECTION 6. POLICIES ADMINISTERED BY PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT
Policy 6.1: Flag Etiquette
Policy 6.2: Park Naming
Policy 6.3: Active Adult Center Annual Meeting
Policy 6.4: Active Adult Center Standards of Conduct
Policy 6.5: Community Services Recreation and Active Adult Program Cancellation and Withdrawal
Policy 6.6: Teen Council
Policy 6.7: Allocation of Park Improvement Fee Payments Policy 6.8: Ban on Use of Anti-coagulant Rodenticides for City Landscape Maintenance Agreements
Policy 6.9: Youth Scholarship Program
Policy 6.10: High Street Arts Center Ticket Donation and Discounting Policy Policy 6.11: Recreation and Active Adult Programs and Services Cost Recovery Policy Policy 6.12: Public Art in New City Public Facilities
Policy 6.13 Authority to Establish Rules, Regulations, Policies, and Procedures for the Operation of City-Sponsored Recreation Programs
Policy 6.14: Contract Instructor Policy
Policy 6.15: City Event Vendor Policy
Policy 6.16: Moorpark City Library Materials Selection
Policy 6.17: Moorpark City Library Internet and Computer Use and Patron Agreement Policy 6.18: Moorpark City Library Circulation
Resolution No. 2019-38512022-_____
Policy 6.19: Moorpark City Library Standards of Conduct Policy 6.20: Moorpark City Library 3D Printer Policy
SECTION 7. POLICIES ADMINISTERED BY PUBLIC WORKS DEPARTMENT Policy 7.1: Waiver of Street Sweeping Parking Restrictions for Vehicles Displaying Special Identification License Plates or Distinguished Placards for Disabled Persons, and Waiver of Street Sweeping Parking Restrictions on Designated City Holidays
Policy 7.2: City Public Sidewalk Maintenance and Repair Policy 7.3: Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8
Policy 7.4: Crossing Guard Warrant
Policy 7.5: Utility Street Cuts Restricted for Public Streets with New Rubberized and Conventional Asphalt Overlay
Policy 7.6: Fee for the Cancellation of Parking Citations Relations to Disabled Persons Parking Zones
Policy 7.7: Engineering and Grading Policies and Standards Policy 7.8: Review of Appealed Parking Citations
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
The following policies are intended to support the efficient administration of the business of the City, and the City Manager shall have the authority, consistent with the Moorpark Municipal Code, to further establish administrative procedures.
SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL
CANDIDATES
Policy 1.1: Information to be Provided to Official City Council Candidates (Councilmember and Mayor)
Councilmember and Mayoral Candidates who have successfully completed the election filing requirements will be notified by the City Clerk of the City Council agendas, staff reports, live broadcasts and meeting recordings available on the City’s website. If a candidate does not have internet access, the City Clerk’s staff will provide that candidate with a complete copy of the agenda packet prior to each regular meeting in either electronic or paper format. Special Meeting agendas will be made available to official candidates after the agenda is posted. The City Clerk will also provide each official candidate with a copy of the City’s current fiscal year budget and most recent audit report in either electronic or paper format. A request for any other City files by a Councilmember or Mayoral candidate will be handled in the same manner as a public records request, with a copy charge as set forth by City Council resolution.
Resolution No. 2019-38512022-_____
Policy 1.2: City Council Standing Committees
1. Standing Committees
The City Council Standing Committees shall be:
Community and Economic Development
To consider matters as directed by the City Council generally relating to: 1) community development, economic development, and Successor Agency and Successor Housing Agency for redevelopment; 2) affordable housing; and 3) homelessness. This committee shall also review proposed GPA Pre-screening requests for a recommendation to the City Council, and a A member shall represent the City on countywide economic development groups including Regional Defense Partnership, Base Retention and Closure (BRAC) and Economic Development Collaborative of Ventura County.
Administration, Finance, and Public Safety
To consider matters as directed by the City Council generally relating to: 1) law enforcement and public safety (police, fire, and emergency medical / ambulance); 2) emergency management; 3) City finances; and 4) state, federal, and county legislation affecting the City.
Transportation and Public Works
To consider matters as directed by the City Council generally relating to: 1) traffic, streets, roads, street lights, speed limits, traffic calming, and public transportation; 2) solid waste, refuse, recycling and handling of hazardous materials; 3) water and waste water; 4) City facilities, buildings and parks; and 5) drainage and NPDES. Because Standing Committee assignments periodically change, a member of this Committee may or may not be the City’s Ventura County Transportation Commission representative. This committee shall also annually review City’s Capital Improvement Programs (CIP) and forward its recommendations to the City Council.
Each committee shall consist of two Council members and a designated alternate.
The Administration, Finance, and Public Safety Committee shall consist of the Mayor and Mayor Pro Tempore. The alternate shall be the prior Mayor Pro Tempore. The Administration, Finance, and Public Safety Committee shall serve as the Mobilehome Hardship Review Panel, along with the mobilehome park owner, in compliance with Section 5.52.140.B. of the Moorpark Municipal Code.
2. Committee Appointments
With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including Resolution No. 2019-38512022-_____
the designated alternate. The appointments shall be made at the first regularly scheduled meeting in January of each odd-numbered year and at the reorganization meeting of the City Council in each even-numbered year.
3. Alternates to Committees
To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine: a) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); b) although there is no conflict of interest under the Political Reform Act, there is a desire to avoid an appearance of conflict; or c) if for other reasons a decision is made not to participate. If a Councilmember should so determine/decide not to participate, then that City Councilmember shall contact the designated alternate to serve in his/her place for that item. If the City Councilmember determines/decides not to continue participating after having been involved in Committee discussions of a specific item, he/she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City Councilmember to serve.
4. Ad Hoc Committee
Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an Ad Hoc Committee shall be formed.
Ad Hoc Committees are not generally subject to the provisions of the Brown Act unless composed of members other than less than a quorum of the legislative body.
5. Assigned Staff
Community and Economic Development Committee
Staff: Community Development Director
Administration, Finance, and Public Safety Committee
Staff: Assistant City Manager
Transportation and Public Works Committee
Staff: City Engineer/Public Works Director
The City Manager may designate an alternate and/or substitute as determined necessary.
Resolution No. 2019-38512022-_____
6. Meeting Schedule
A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the reorganization meeting of the City Councilfirst regularly scheduled meeting in January of each year. Meetings scheduled prior to a regular, adjourned, or special City Council meeting should be concluded no more than ten 10 minutes prior to the start of the scheduled City Council meeting and shall not extend beyond the regular meeting time.
7. Agenda and Reports out of Committee
The City Clerk’s Office or assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the City Clerk’s Office or staff person will provide action minutes in the form of an annotated agenda to the full Council within seventy-two (72) hours of the Council Committee meeting showing the Committee's recommendation.
Concurrence with the staff's recordation of Committee recommendation(s) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not be formally approved by the Committee.
8. Committee Assignments
The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). The purpose of Standing Committees is to allow consideration of Council directed items by less than a quorum of the Council to assist staff in evaluating the item for a recommendation to the City Council. It is intended to help focus the efforts of staff on a particular item to obtain more efficient, effective and productive use of staff and related resources. This structure is not intended to expand or enhance Councilmembers’ authority over City operations, programs or staff. Except as authorized for the Mobilehome Hardship Review Panel, Committees do not make final decisions, and their recommendations are forwarded to the City Council for consideration.
9. Items Referred to Committee
At the time the City Council approves annual objectives, it shall decide the staff work for which objectives, if any, will be reviewed by a Standing Committee prior to consideration by the City Council. These items, along with other items assigned by the City Council, make up the work program for the Standing Committee. To avoid potential conflicts between Standing Committees and to appropriately manage staff’s workload, any item not previously identified above shall be directed to a Standing Committee by the City Council at a regular or special meeting. A Standing Committee may meet with neighborhood residents or groups concerning a matter assigned to that Committee (such as public safety or traffic concerns expressed by residents in a specific area of the City).
Resolution No. 2019-38512022-_____
10. Items Referred to the Full Council from Committee
Except for Community and Economic Development Committee consideration of General Plan Amendment pre-screening applications, aA consensus of the Committee is required to send an item back to the full Council. A consensus relative to a recommendation on the item need not have been reached. In addition, with three (3) affirmative votes, the City Council may move an item being considered by an Ad Hoc or Standing Committee for consideration by the City Council.
11. Items Recommended by City Boards, Commissions, and Committees Any matters recommended to the City Council by the Library Board, Arts Commission, Parks and Recreation Commission, Planning Commission, and other commissions, committees, or other advisory panels appointed by the Mayor with the approval of the City Council shall be forwarded directly to the City Council for consideration at a regular or special meeting.
Policy 1.3: City Council Comments on Development Projects before the Planning Commission
It is the City Council's policy to avoid any attempt to influence the recommendations or decisions of the Planning Commission. Accordingly, Councilmembers shall refrain from making or submitting comments on a project while the matter is before the Planning Commission and shall instead make such comments at the time of the Council's consideration of the matter as the decision-making body; or in the case of the Planning Commission acting as the final decision-making body, a Councilmember wishing to make comment on the matter may act to call the matter up before the Council on appeal consistent with Section 17.44.090 of the Municipal Code, rather than comment on the matter while it is before the Planning Commission.
Notwithstanding the foregoing, a Councilmember may make or submit a comment on a matter while it is before the Planning Commission, if the Councilmember does not participate in consideration of the matter when that matter is before the City Council. In such a situation, the Councilmember shall make clear at the time of any comment that the Councilmember is making or submitting such comment as an individual, rather than in his or her capacity as a Councilmember.
Additionally, a Councilmember may submit written comments on a project during the California Environmental Quality Act (CEQA) comment period for an Environmental Impact Report (EIR), if the Councilmember wishes written responses to be generated by the City to such written comments. If the Councilmember submits such comments, the Councilmember need not refrain from participating in consideration of the project at the Council level, provided that such written comments must be limited to the environmental issues associated with the project.
Resolution No. 2019-38512022-_____
Policy 1.4: City Council Use of City Website
The City Council page of the City’s website will may include a photograph and a brief biographical summary for the Mayor and each Councilmember, along with City contact information consisting of the City e-mail address and voice mail telephone number. The Mayor and each Councilmember may also provide telephone contact numbers if desired.
Any additional information to be placed on the City’s website by the Mayor or a Councilmember must be approved by a majority of the Council as to content, with legal review by the City Attorney, and a factual review by the City Manager.
Policy 1.5: City Council Use of City Computers and City Email Accounts for all City Business Communications
The Mayor and Councilmembers, in connection with the fulfillment of their City obligations, need to access internet resources, including, but not limited to, the City’s web page, League of California Cities materials, and other resources, and to reply to constituent matters.
In order to facilitate access to computer resources, the Mayor and each Councilmember shall be issued a City e-mail address, and a tablet computer or laptop will be provided upon request for use in conducting City business. All use of City computers and internet and e-mail use on the City’s computer network shall be in compliance with the provisions contained within this policy as set forth below.
1. The use of City- supplied computer equipment and software and internet and email use requires the appropriate, efficient, and legal utilization of City computer hardware and network resources.
2. The City’s network and computers, including a tablet device or laptop, may be used for lawful City business-related purposes only. Any personal use should be incidental. Users must comply with all applicable contract provisions of the software and equipment as well as federal, state, and local statutes, ordinances, rules and regulations, including, but not limited to, provisions relating to copyright protection. Only City acquired, legally obtained software programs are to be installed and/or used on city computers and all software will be installed and retained only by the City’s Information Systems Division staff. Use of City computer equipment to run other than City-acquired and authorized software is prohibited. City-owned software shall not be copied for personal use.
3. The use of City-provided computer equipment and network resources for an individual City Councilmember’s participation in, including but not limited to, charitable, social, political or religious purposes, commercial use or profit, election campaigns, or for outside employment is prohibited. This includes outgoing notices/solicitations for donations.
Resolution No. 2019-38512022-_____
4. All City electronic information systems, hardware, software, temporary or permanent files and any related systems or devices created or stored on the City’s computers are the property of the City and may be subject to public disclosure under the Public Records Act, cooperation with law enforcement, or litigation. If disclosure of e-mail messages or any other data files should be required under the Public Records Act, cooperation with law enforcement, or other lawful requests (despite the designation of any message as “private” or “confidential”), the City shall not be liable for this disclosure in any way. These computer systems are provided for official City business.
5. All electronic files and e-mails sent and received through the City’s internet network are the property of the City and users can have no expectation of privacy in or ownership of same. Any and all e-mails, files, work product, etc., may be subject to disclosure as public records. The user should not have any expectation of privacy as to any information contained on the Council computers, any use made of such computers, and any use of the City’s computer network.
6. Network accounts are to be accessed only by the authorized user of the account and the system administrator. The confidentiality of passwords and user accounts shall be protected for security purposes.
7. Users are prohibited at all times from downloading, viewing, creating, or transmitting any inappropriate material on or through the City’s network.
Inappropriate material includes, but is not limited to, material that: (a) is unlawful or illegal; (b) is pornographic or obscene; (c) is threatening; (d) is abusive; (e) is libelous or defaming; (f) is offensive; (g) encourages or incites conduct that would constitute a criminal offense; (h) violates the City’s harassment and discrimination policies; (i) is categorized as adult/sexually explicit, personal or dating, or weapons; or (j) could potentially lead to civil and/or criminal liability or adverse publicity for the City, its officers and/or employees. Users are also prohibited at all times from creating and/or maintaining an internet log (also known as a web log or a blog). The City also reserves the right to remove any inappropriate material from its software/hardware and computer network.
8. Users may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks. Users may not attempt to interfere with service to any user, host, or network. This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and/or attempts to “crash” a host. Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with another user’s session, via any means, locally or by the Internet.
9. It is important to use care when sending e-mail messages from City-owned equipment and from City-supplied e-mail addresses. As noted in Paragraph 4, above, the confidentiality of electronic mail cannot be assured. Any communication that needs to remain fully confidential should not be sent electronically.
Resolution No. 2019-38512022-_____
10. To ensure that public records are retained for the legal retention period, the City’s Information Systems Division System Administrator shall ensure that all e-mail received and sent by the Mayor and Councilmembers through the City’s computer network has a back-up archive copy to preserve the record for the retention period without modification. In order to preserve network resources, all other e-mail messages in the City Council e-mail inbox, sent and discarded folders will be retained in the network system for 90 days and then deleted.
11. The Council computers shall be maintained by the City, and City staff may be called upon to provide service and maintenance on such computers, including ensuring that such computers have wireless internet access on City property.
Additionally, City staff may require that such computers be returned to the City periodically for maintenance and upgrades.
12. Should the Mayor or a Councilmember elect to utilize a mobile phone, smart phone, computer, or other technology device not owned by the City to conduct City business, including accessing or responding to City related e-mails, the City will not service or maintain such phones, computers, or other technology devices, nor will the City in any way fund the use of such privately- owned technology devices other than a cellular telephone reimbursement as established by Policy 1.8. Use of a non-City- owned computer, or other technology device to conduct City business is strongly discouraged, due to the potential for City records to be saved on that non-City owned technology device.
13. Use of a private email account to conduct City business is prohibited. The City will provide a City email address for each member of the City Council. All electronic files pertaining to City business may be subject to public disclosure under the Public Records Act, cooperation with law enforcement, or litigation. All City business related emails received by a member of the City Council in their private email account must be forwarded to the City email address, and all City business related emails sent by a member of the City Council must be sent using the City’s email account. The City’s email address shall not be used in the “From” field when a member of the City Council is sending email from a private email account. It is strongly recommended that text messaging not be used to conduct City business, because it is difficult to produce the public record. If a member of the Council sends or receives a text message that is a public record, the suggestion is to copy the text message to a City email address. The transfer of the text record to a City email address may result in deletion of certain information, such as the date, to, from, time, etc., and that information should be added to the email transfer to make it easier to identify the text communication that may need to be obtained from a private cellular service provider to comply with a public records act request.
14. All members of the City Council are required to submit a copy of all privatelyowned device-generated electronic communication records that pertain to City business, upon request of the City Clerk, in full compliance with the Public Records Act, and shall submit an affidavit verifying compliance upon request. Former members of the City Council are also required to submit a copy of all privately owned device-generated electronic communication records generated during their Resolution No. 2019-38512022-_____
term(s) of service on the City Council that pertain to City business, upon request of the City Clerk, in full compliance with the Public Records Act, and shall submit an affidavit verifying compliance upon request.
Policy 1.6: City Council Credit Card Use
Each member of the City Council shall be issued a City credit card with a credit limit of $5,000.00. Use of the credit card shall be consistent with Policy 5.1 (Meeting, Training, and Conference and Professional Association Membership Expenses), shall be used for City business purposes only, and shall be subject to the credit card administrative policies established by the City Manager for City employees.
Policy 1.7: City Council Use of City Pool Vehicles
A member of the City Council may use a City pool car vehicle for City business purposes, if a pool car is available at the time of the request, and if the member of the City Council requesting such use has complied with all of the established City vehicle usage procedures approved by the City Manager for City employees, including but not limited to providing proof of a valid California driver license, providing documentation to permit and complete enrollment in the State Department of Motor Vehicles (DMV) pull notice program, and completion of a California Joint Powers Insurance Authority (CJPIA) driver training class every two years. The City’s Human Resources/Risk Management Division is responsible for providing the City Council with notice of scheduled California CJPIA driver training in Moorpark. The alternative to City pool car use is mileage reimbursement for private vehicle use, consistent with the requirements of Policy 5.1.
Policy 1.8: City Council Cellular Telephone Reimbursement Cellular telephones (cell phones) are a necessary expense for members of the City Council, to ensure the Council is readily accessible to deal with City business.
Councilmembers shall have the option to use a city-provided cell phone or receive a monthly stipend.
Monthly reimbursement for City Council cell phones shall be the base monthly cell phone contract amount, not to exceed $70.00 dollars per month. In addition to the monthly allowance, the City shall reimburse each member of the City Councilmembers for the purchase of new cell phones, up to a maximum of $325.00500.00 once during each term of office, but not within six months of end of term, upon submittal of an invoice showing proof of payment for a new cell phone that is either paid in full or through an installment plan that has smart phone capabilities as described in this policy. In order to be eligible for cell phone reimbursement, each member of the City Council shall obtain a cell phone service with no less than nationwide access, unlimited mobile to mobile and unlimited night/weekend minutes, voice mail, email, texting, and internet access capabilities, and a local 805 or 820 area code. Cell phone purchases made through an installment plan must show a total cost of $500.00 during the period of each term of office to qualify for full reimbursement. To receive reimbursement for the monthly base service, each Councilmember shall complete a reimbursement form provided by the Finance Director and attach the portion of their monthly cell phone bill which identifies the base monthly charge. Information on calls made and received should not be included with the Resolution No. 2019-38512022-_____
reimbursement form. The reimbursement request must be submitted to the Finance Director no later than 30 days following the date of the cell phone service invoice to obtain reimbursement. City Councilmembers would be eligible for additional cell phone use reimbursement for costs exceeding the $70.00 dollars per month due to increased cell phone usage during a City declared emergency, and for the additional cost required to respond to the business of the City while traveling out of the country. To receive additional cell phone use reimbursement, for either of the two qualifying reasons, a reimbursement form along with supporting documentation must be submitted to the Finance Director for approval by the Administration, Finance, and Public Safety Committee.
City Councilmembers who choose to use a City-issued cell phone shall waive the reimbursement benefit and will be allowed to receive new cell phones issued by the City every two years. City business related cell phone and all other electronic communication records may be public records, and all members of the City Council are required to submit a copy of all private cell phone and other privately owned device generated electronic communication records that pertain to City business upon request of the City Clerk, in full compliance with the Public Records Act.
Policy 1.9: City Council Completion of City Manager Evaluation The City Council will conduct an annual performance evaluation for the City Manager within 60 days from his/her anniversary date. The form of the evaluation shall be as approved by the majority of the City Council, and following completion, the Mayor shall sign the evaluation and a memorandum that provides direction to the City’s Personnel Officer regarding any related personnel action.
Policy 1.10: City Council Identification Badges and Picture Identification Card Each elected member of the City Council will be provided with a metal identification badge to be worn when attending meetings, and will also be provided a metal wallet identification badge and a picture identification card, which are intended to serve as proof of identity and may also be used to permit access for a City sponsored event. A metal wallet identification badge will not be provided to an interim appointee to the City Council.
The use and display of the City Council wallet metal identification badge and picture identification cards, as well as, the likeness of these items, are the property of the City and their use shall be restricted as follows:
1. The City Council wallet identification badge and picture identification card shall be clearly marked to reflect the position of the member of the City Council (either Mayor or Councilmember) and the card shall include an expiration date for the elected term of office.
2. The authorized wallet identification badge and picture identification card issued to each member of the City Council by the City shall be displayed only while acting in an official capacity.
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3. A member of the City Council shall not display the wallet identification badge or represent himself/herself at any time in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer.
4. No City Council wallet identification badge or picture identification card shall be issued to or used by anyone other than a currently seated member of the City Council.
5. A member of the City Council shall not loan his/her wallet identification badge or picture identification card to others and shall not permit the identification badge or card to be reproduced or duplicated.
6. The City Council wallet identification badge and picture identification card, including any image of the wallet identification badge or picture identification card, shall not be used for personal, private, or political reasons, including but not limited to letters, memoranda, electronic communications such as electronic messaging or websites and webpages, or political advertisements.
7. Following a City Municipal Election for Mayor and Councilmember seats, the metal identification badges and picture identification card for any incumbent not reelected to a new term shall be returned to the City Clerk on or before the last day of the term of office. The same requirement for return of the issued identification badges and card to the City Clerk shall apply following any Mayor or Councilmember resignation prior to their end of term. The City Clerk will arrange for a commemorative gift to the outgoing member consisting of the returned metal wallet badge in a sealed acrylic case. The returned picture identification card shall be destroyed in accordance with the City Manager’s written procedure for employee picture identification cards.
Policy 1.11: City Council Dinner Meal Policy
A dinner meal will be provided by the City at a special meeting of the City Council, if such meeting is scheduled to begin at 6:15 p.m. or earlier and prior to a regular City Council meeting.
Policy 1.112: City Council Restrictions on the Use of Mass Mailings An individual member of the City Council may not require a City-funded mass mailing (such as a survey) by paper, email, internet or other technological device without a majority vote of the City Council or as prescribed by law.
Policy 1.123: City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication City Councilmember and office of the Mayor candidates shall not be permitted to place campaign advertising in City sponsored publications.
SECTION 2. POLICIES ADMINISTERED BY ADMINISTRATIVE SERVICES DEPARTMENT THE CITY MANAGER’S OFFICE AND CITY CLERK
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Policy 2.1: City Clerk Records Destruction Approval Authority In accordance with Government Code Section 34090.5, and Municipal Code Section
2.16.030.4, the City Council authorizes the City Clerk to approve the destruction of records, documents, instruments, books, and papers, without the approval of the legislative body or the written consent of the City Attorney, subject to compliance with the conditions specified in Government Code Section 34090.5.
Policy 2.2: Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees
1. At the end of each calendar year, an Appointments List will be prepared and posted at the City Community Center, Moorpark Library, and on the City’s website, advertised broadly of all citizen appointive positions and their expiring term of office (in compliance with the Maddy Act requirements, Government Code Section 54973). A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on any requirements for the appointed positions, and to facilitate communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. Notice of the availability of the Appointments List shall also be provided on the City’s local government channel. The Appointments List and notice of availability shall remain posted for the month of January. In addition, the Local Appointments List shall be made available for the public to purchase for the actual cost of reproduction.
2. Not later than 30 days prior to the expiring term of office of a citizen appointee, the City Clerk will prepare and distribute a press release to all newspapers of local distribution and radio stations that have requested such notice, advertising the citizen appointment opportunity. The City Clerk will also post such notice broadly on public information platforms and City facilities. in the office of the City Clerk, the Moorpark Library, on the City’s website, local government channel, and at the City Community Center.
3. Interested persons will be asked to submit a City Board, Commission, and Committee Application to the City Clerk. The application form shall include language that asks applicants to identify all open recruitment citizen appointments for which they would like to be considered to facilitate use of one application form for more than one open recruitment occurring at the time of application.
Recruitment shall be primarily conducted by an online application using the City’s website and submitted electronically or in person . Staff from the City Clerk’s Division will personally receive all applications delivered to City Hall.
4. When an unscheduled vacancy occurs for any City Council citizen appointment, and six (6) months or less will remain in the citizen appointment term following a thirty (30)-day recruitment, the City Clerk will request the City Council give direction on whether to recruit or leave the appointment position vacant. When more than six (6) months will remain in the appointment term following a 30-day recruitment, recruitment will be initiated and notice of the vacancy will be posted not later than twenty (20) days after the vacancy occurs on public information Resolution No. 2019-38512022-_____
platforms and City facilities. in the office of the City Clerk, at the Moorpark Library, on the City’s website, on the local government channel, and at the City Community Center (in compliance with the Maddy Act requirements). Advertisement of the citizen appointment opportunity will be initiated by the City Clerk in the same manner as for an expiring term, unless the City Council determines that the vacancy will not be filled due to the length of the remaining term of office.
5. The City Clerk shall maintain a resource list of citizens who have expressed an interest in serving as appointees on advisory boards, commissions and committees and will mail an application at the time of the next advertisement.
6. In order to be considered for City Council appointment to a board, commission, or committee, the applicant must be a resident of the City of Moorpark and shall also be a registered voter, in the City of Moorpark, with the following exceptions:
A. There is no registered voter requirement for Teen Council.
B. An applicant for the Moorpark Arts Commission must reside within the City, the City’s Area of Interest, the Moorpark Unified School District boundaries, or own a business within the City of Moorpark.
7. Applicants for the Arts Commission, Parks and Recreation Commission, Planning Commission, and Library Board are required to attend a regular or special City Council meeting, as scheduled by the City Clerk, to make a brief presentation on qualifications and interest in the appointment (not to exceed three minutes). A presentation will not be required if after recruitment a determination is made by the City Clerk that only the incumbents for the expiring appointments have reapplied.
In this case, the City Clerk shall proceed with scheduling an agenda item for City Council appointment. The City Council may direct the City Clerk to conduct further recruitment prior to appointment.
When presentations for Commission and Library Board applicants are scheduled, failure of any applicants to make a presentation shall result in disqualification for appointment. Use of PowerPoint will be permitted if the City Clerk has been provided with the PowerPoint file no less than 24 hours prior to the presentation.
The City Clerk shall schedule the presentations for the applicants for the Commissions at one or both of the December regular meetings, at the first regular meeting in January, or at a special meeting, as directed by the Mayor. The City Council may by majority vote further extend the date for the presentations. The City Clerk shall schedule the presentations for the applicants for Library Board at a regular or special meeting of the City Council, prior to the new term of office beginning in July (as established by State law).
8. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees.
9. The procedure for appointments for all except Teen Council shall be as follows:
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A. The Mayor shall solicit suggested nominees from members of the Council.
B. Prior to making a motion for appointment, the Mayor shall announce the names of all persons he/she intends to nominate, and in the order to be nominated, for a board, commission, or committee.
C. The Mayor shall then make a motion putting forth each individual name to be approved for appointment.
D. A second shall be required.
E. The Council shall vote on each appointment individually.
10. The procedure for appointments to the Teen Council shall be as follows:
A. The Mayor shall solicit suggested nominees from members of the Council.
B. Prior to making a motion for appointments, the Mayor shall announce the names of all persons he/she intends to nominate, for the Teen Council.
C. The Mayor shall then make a motion putting forth all the names to be approved for appointment to the Teen Council
D. A second shall be required.
E. The Council shall vote on the one motion to appointment the Teen Council.
Policy 2.3: Reports from Appointees
1. Reports are required from appointees to the following:
Area Agency on Aging
Area Housing Authority
Citizens Transportation Advisory Committee
Air Pollution Control District Advisory Committee
Santa Monica Mountains Conservancy
2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting. An e-mail report is acceptable.
In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc.
3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so that only one report is presented to the Council.
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4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above.
Policy 2.4: Ethics Training
All City Councilmembers, Planning Commissioners, Parks and Recreation Commissioners, Arts Commissioners, Library Board Members, and any other member of the legislative body (as defined by Government Code Section 54952) that receives any type of compensation, salary, or stipend or reimbursement of expenses, hereinafter referred to as “local agency officials”, shall attend ethics training within twelve (12) months of assuming office and receive no less than two (2) hours of said training within two (2) years of assuming office and every two (2) years thereafter, as required by Government Code Section 53235 et seq. All City management staff shall be required to either attend ethics training scheduled by the City Clerk, or complete authorized internet training, and obtain a certification of completion once every odd numbered calendar year.
In addition to City management staff, the City Manager may designate other City employees and/or contract staff that will also be required to attend ethics training.
Prior to or following election or appointment as applicable, the City Clerk shall provide the City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board with information on training available to meet the requirements of this policy and applicable state law. Within the first three months of each odd numbered year, the City Clerk shall schedule group ethics training and will invite the members of the City Council, all Commissioners, all Board Members, all City Management staff, and all other City Manager designated employees and contract staff to attend. Any member of the City Council, Commissioner, Board Member, management employee, designated employee, or designated contract staff unable to attend the scheduled group ethics training shall be required to complete other ethics training that complies with requirements of Government Code Section 53235 et seq. The City Clerk shall maintain a record of completion on the required ethics training, for each person, consistent with applicable state law. With the exception of an appointed member of the City Council, other appointed local agency officials who fail to complete the ethics training as required by law and this policy shall be disqualified for their appointed position, and the City Clerk shall schedule an agenda item for City Council consideration of revoking the appointment and authorizing recruitment to fill the vacancy, if an appointed official is more than 30 days late on completing the required training and providing proof of participation and completion.
Policy 2.5: Conflict of Interest Opinions and Appraisals
1. Conflicts of Interests Arising from a Public Official’s Ownership in Real Property.
City Councilmembers, Planning Commissioners and other public officials required to file Statements of Economic Interests with the City Clerk (“Public Officials”) shall be provided with, and become familiar with, recent changes to the materiality standards for evaluating whether they have a conflict of interest in City decisions arising from their ownership of real property in the City. Those materiality standards, as applied to conflict of interest analysis under the Political Reform Act (Government Code Section 81000 et seq.,) are found in Section 18702.2 of the Resolution No. 2019-38512022-_____
Regulations of the Fair Political Practices Commission (“FPPC”) (2 Cal. Code of Regs. § 18702.2 and referred to herein as “Materiality Standards”).
2. Summary of Materiality Standards. The Materiality Standards provide that a governmental decision will be deemed to have a reasonable foreseeable and material effect on a Public Official’s real property wherever the governmental decision falls into one or more of 13 categories. Examples and summaries of some of those categories are when the decision: (1) involves the adoption or amendment of a general or specific plan and the Public Official’s property is located within the boundaries of the plan; (2) changes the zoning of the Public Official’s property; (3) involves construction of, or improvements to, streets, water, storm drainage or similar facilities, and the Public Official’s parcel will receive new or improved services; (4) would substantially alter traffic levels or intensity of use, including parking, or property surrounding the Public Official’s real property, affect the view, privacy, noise levels or air quality that would affect the market value of the Public Official’s real property; (5) would affect the value of real property within 500 feet of the property line of the Public Official’s property; or (6) would cause a reasonably prudent person, using due care and consideration, to believe that the decision would affect the market value of the Public Official’s real property. This list of examples is not exhaustive and this summary is not a substitute for review and adherence to the Materiality Standards.
3. Recusal from Decision unless it is Clear that Decision will not Materially Affect Public Official’s Real Property. Public Officials should recuse themselves from making, participating in the making, or in any way attempting to use their official position to influence City decisions that have the potential for impacting their real property in a manner stated in the Materiality Standards. Unless it is clear to the Public Official, that the decision will not have any potential to impact his or her real property in a manner specified in the Material Standards, the Public Official should recuse themselves from the City decision. If the Public Official seeks to participate in a City decision even though it is not certain that none of the 13 categories of the Material Standards apply to the decision, the Public Official shall first seek written advice from the FPPC not less than 30 days prior to the City decision, rather than advice from the City Attorney. The Public Official may thereafter participate in the decision only if the FPPC’s written advice is obtained prior to the time of the decision and that advice concludes that the Public Official’s participation is permitted under the conflict of interest laws.
4. Conflict of Interest Appraisal. If the FPPC’s analysis of any conflict of interest question, as described in subsection 3 of this Policy, requires the submission of an appraisal of the financial impact of the decision on the public official’s real property or on property in the same vicinity, the Public Official shall bear the cost of obtaining that appraisal.
5. Nothing contained in this Policy shall limit or otherwise restrict the City Council or City Manager from seeking and obtaining conflict of interest advice from the City Attorney with respect to any City decision when such advice is necessary to protect the City’s interests or in other situations when determined and directed by the City Council or City Manager.
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Policy 2.6: Policy against Harassment, Discrimination, and Retaliation
1. Purpose and Policy.
A. Purpose. The City of Moorpark is committed to providing a work environment which is free of harassment or discrimination because of sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. The City is also committed to providing a work environment free from retaliation because of opposition by an employee, unpaid intern, or volunteer to unlawful harassment or discrimination or because of participation in an employment discrimination or harassment investigation, proceeding, or hearing. In keeping with this commitment, this Policy strictly prohibits harassment, discrimination, and retaliation of this nature. Behavior or actions which result in or establish an environment of such harassment, discrimination, or retaliation are strictly prohibited.
B. Policy. This policy applies to all employees, unpaid interns, and volunteers of the City and hereinafter, the use of the word “employee” in this policy is intended to also include an unpaid intern or volunteer, as appropriate and for purposes of this policy only. The training requirements of this policy are also intended to apply to local agency officials as required by Government Code Section 53237 et seq. The City maintains a strict policy prohibiting all types of harassment or discrimination because of sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. The City also maintains a strict policy prohibiting retaliation because of an employee’s opposition to unlawful harassment or discrimination or participation in an employment discrimination or harassment investigation, proceeding, or hearing. All such harassment, discrimination, or retaliation is prohibited. This policy applies to all employees involved in the operations of the City and prohibits harassment by any employee of the City including supervisors, managers, co-workers, volunteers, local agency officials as defined by Government Code Section 53237(b), and by anyone doing business with the City (including third parties with any administrative, business, enforcement, service or professional relationship with the City). If harassment or alleged harassment occurs on the job by someone not employed by the City, the applicable procedures in this policy should be followed as if the harasser were an employee of the City.
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2. Definitions.
A. Discrimination. Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated to him/her for the sole reason that he/she is a member of a legally protected category, such as sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. For example, it would be discrimination for an individual to be denied employment or terminated from employment because that individual has a disability or is 40 years of age or older.
B. Harassment. Harassment is unwelcome verbal, visual, or physical conduct that creates an intimidating, offensive, or hostile work environment or that interferes with work performance when such conduct is based on an employee’s sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law.
Such conduct constitutes harassment when:
1) Submission to the conduct is made either an explicit or implicit condition of employment;
2) Submission to or rejection of the conduct is used as the basis for an employment decision; or
3) The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
C. Harassment Examples. Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law.
D. Sexual Harassment.
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1) Sexual harassment is unwanted sexual advances; requests for sexual favors; or visual, verbal or physical conduct of a sexual nature when:
a) Submission to such conduct is made a term or condition of employment; or
b) Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
c) Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment. 2) This definition includes many potential forms of offensive behavior.
The following is a list of some examples:
a) Unwanted sexual advances.
b) Offering employment benefits in exchange for sexual favors. c) Making or threatening reprisals after a negative response to sexual advances.
d) Visual conduct: leering, making sexual gestures, or displaying of sexually explicit jokes.
e) Verbal sexual advances or propositions.
f) Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body or dress, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
g) Physical conduct: touching, assault, impeding or blocking movements.
h) Retaliation for threatening to or reporting harassment. i) Sexual harassment can occur between members of the same or opposite sex. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or manager, harassment by a local agency official (reference Government Code Section 53237), or harassment by anyone doing business with or for the City.
E. Supervisor. Any employee having authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, Resolution No. 2019-38512022-_____
or to effectively recommend that action, if, in connection with the foregoing, the exercise of that authority is not merely of a routine or clerical nature, but requires the use of independent judgment.
3. Mandatory Training.
A. All Employees. A copy of this Policy will be given to all employees of the City on the first day of employment, and acknowledgment will be required as described in Section 10 of this Policy. This Policy shall be redistributed to all employees following any amendment action, and acknowledgment will be required as described in Section 10.
B. Supervisory Employees.
1) All supervisors will be trained once every two (2) years, as scheduled by the City’s Human Resources/Risk Management Division, on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the supervisory position. 2) Supervisory training will last for a minimum of two (2) hours. 3) Supervisory training will be conducted in a classroom, online or other interactive setting and will, at a minimum, cover the following topics:
a) Information and practical guidance regarding federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment;
b) Information about the remedies available to victims of sexual harassment in employment;
c) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; and d) Information on prevention of abusive conduct as defined in Section 12950.1(g)(2) of the Government Code.
C. Local Agency Officials
1) Consistent with Government Code Section 53237.1, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to the requirements of Section 53237 et seq. For the City of Moorpark, this sexual harassment prevention training requirement applies to the City Council, Planning Commission, Parks Resolution No. 2019-38512022-_____
and Recreation Commission, Arts Commission, Library Board, and any local agency official receiving any type of compensation, salary, or stipend from the City of Moorpark.
2) Each local agency official shall receive at least two (2) hours of sexual harassment prevention training and education within the first six months of taking office or from the date of appointment, as applicable, and every two (2) years thereafter. Training may be scheduled more frequently than required by Government Code Section 53237 et seq., as may be approved by the City Council to facilitate group training arrangements. The training curricula shall satisfy the requirements of Government Code Section 53237.1. 3) The City Clerk shall provide a written recommendation to each local agency official on training available to meet the requirements of Government Code Section 53237 et seq. prior to a local agency official assuming a new position and every two years thereafter. The City Clerk shall maintain the training records required by Government Code Section 53237 et seq. Appointed local agency officials who fail to complete the sexual harassment prevention training as required by law and this policy shall be disqualified for their appointed position, and the City Clerk shall schedule an agenda item for City Council consideration of revoking the appointment and authorizing recruitment to fill the vacancy, if an appointed official is more than 30 days late on completing the required training and providing proof of participation and completion.
4) Supervisory employees may attend the local agency official sexual harassment prevention training at the discretion of the City Manager, if the training curricula is consistent with the supervisory employees training required by law and as described in Section 3.B of this policy.
4. Preventing Harassment and Discrimination. The City’s complaint procedure provides for a prompt, thorough and objective investigation of every harassment or discrimination claim, appropriate disciplinary action against one found to have engaged in unlawful harassment or discrimination, and appropriate remedies to any victim of harassment or discrimination. The City reserves the right to address conduct that violates this policy or that may lead to unlawful harassment, discrimination, or retaliation before the conduct actually becomes unlawful.
Employees should follow the following procedure to notify the City of alleged harassment and/or discrimination:
A. Submitting a Complaint. Employees who believe they have been harassed or discriminated against on the job, including by local agency officials or persons doing business with or for the City, must provide a verbal or written complaint to his/her supervisor, department head, Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or the City Manager as soon as possible. If the reported conduct Resolution No. 2019-38512022-_____
involves a person in the employee’s direct chain of command or if for any reason the employee feels uncomfortable making a report to his/her direct supervisor or department head, the report must be made to the Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or the City Manager. If the complaint involves the City Manager, the complaint shall be reported to the Personnel Officer or in his/her absence, directly to the City Attorney. Complaints regarding the City Manager will be forwarded by the Personnel Officer or City Attorney to the City Council for consideration during closed session.
Complaints regarding a member of the City Council or other local agency official must be reported to the City Manager or the City Attorney.
The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and/or department heads must immediately refer all harassment and discrimination complaints to the Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or City Manager.
B. Investigation of Complaints. All incidents of alleged harassment and discrimination that are reported must be investigated. The City will undertake and/or direct a prompt, thorough, and objective investigation of the harassment or discrimination allegations. The City Manager will determine who will conduct the investigation on behalf of the City, unless this decision is delegated to the City Attorney. The individual designated by either the City Manager or City Attorney will be responsible for assuring a prompt, thorough and objective investigation, but may delegate individual tasks other than the overall responsibility. The investigation will be completed and a determination regarding the harassment or discrimination alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If the City determines that harassment or discrimination has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment or discrimination. If a complaint of harassment or discrimination is substantiated for an employee, appropriate disciplinary action will be taken, up to and including termination of employment. The City Attorney will advise the City Council on the appropriate action if a complaint of harassment or discrimination is substantiated for a local agency official. The City will also take appropriate action to remedy any loss to the employee resulting from the harassment or discrimination. The City Attorney’s office will notify the complainant in writing regarding action taken against the person responsible for the harassment or discrimination. The City Attorney’s office will also instruct the complainant to immediately report recurring or continuing harassment, discrimination, or retaliation.
C. Employees may be placed on a paid administrative leave during an investigation until the conclusion of discrimination or harassment investigation.
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D. All employees should note that the failure to use the City’s complaint procedure pursuant to this Policy may have an adverse effect on any adjudication of that complaint.
E. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action.
5. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment and discrimination as well as all information gathered during the investigation; however, the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation or based on due process rights. Employees involved in the investigation of harassment or discrimination complaints may be admonished by the City to keep information related to the investigation confidential, only to the extent this is required to protect witnesses, protect evidence from being destroyed, prevent testimony from being fabricated, or there is a need to prevent a cover up.
Anonymous complaints will be taken seriously and investigated; however, the ability to investigate or the extent of the investigation may be limited by the inability to follow-up with the complaining party. A person other than the person(s) who was (were) the target of the alleged harassment or discrimination may make a complaint.
6. Employee’s Duty to Disclose Benefits Received. Employees are hereby informed that no supervisor, manager, local agency official, or other person or entity doing business with the City, is authorized to expressly or impliedly condition the receipt or denial of any benefit, compensation, or other term or condition of employment on an employee’s consent to any sexual demand. To the contrary, all employees are instructed that they must refuse such demands and report them promptly either to his/her supervisor, department head, Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or City Manager. Any employee making such a demand will be subject to discipline.
7. Anti-Retaliation Policy. The City prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment; or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing. Any retaliatory adverse action because of such opposition or participation will not be tolerated; and may also be unlawful.
A. Examples of Opposition. Opposition to perceived harassment or discrimination includes, but is not limited to, threatening to file or filing harassment and/or discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”), union or court, or complaining or protesting about alleged harassment or discrimination to a supervisor, manager, co-worker or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative.
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B. Examples of Participation. The City will not tolerate retaliation against any individual because he/she has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing or litigation under federal or state harassment or discrimination statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.
C. Examples of Adverse Actions. For purposes of this Policy, an adverse action can include, but is not limited to, the following acts, when the act is taken because of the employee’s opposition to harassment or discrimination, or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing:
disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, actions that harm the employee outside the workplace, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.
D. The City’s Complaint Procedure. The City’s complaint procedure provides for a prompt, thorough and objective investigation of any claim of retaliation because of opposition to alleged discrimination or harassment, or participation in a proceeding regarding alleged discrimination or harassment. Employees who believe that they have been retaliated against because of their opposition to an employment practice which they reasonably believe to be discriminatory harassing, or because of their participation in a hearing or proceeding regarding alleged harassment or discrimination should follow the following procedure to notify the City of retaliation:
1) Submitting a Complaint. Employees who believe they have been retaliated against because of opposition to alleged discrimination or harassment, or participation in a proceeding regarding alleged discrimination or harassment, must provide a verbal or written complaint to his/her supervisor, department head, Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or the City Manager as soon as possible. If the reported conduct involves a person in the employee’s direct chain of command, or if for any reason the employee feels uncomfortable making a report to his/her supervisor or department head, the report must be made to the Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or the City Manager. If the complaint involves the City Manager, the complaint should be reported to the Personnel Officer, or in his/her absence, directly to the City Attorney. Complaints regarding the City Manager will be forwarded by the Personnel Officer or City Attorney to the City Council for consideration during closed session.
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agency official must be reported to the City Manager or the City Attorney.
The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and/or department heads must immediately refer all retaliation complaints to the Personnel Officer, Senior Human Resources Analyst, Human Resources AnalystHuman Resources Manager, or City Manager.
2) Investigation of Complaints. All complaints of prohibited retaliation which are reported to the City will be investigated. The City will undertake and/or direct a prompt, thorough and objective investigation of the retaliation allegations. The City Manager will determine who will conduct the investigation on behalf of the City, unless this decision is delegated to the City Attorney. The individual designated by either the City Manager or City Attorney will be responsible for assuring a prompt, thorough and objective investigation, but may delegate individual tasks other than the overall responsibility. The investigation will be completed and a determination regarding the alleged retaliation will be made and communicated to the employee who complains and to the person(s) accused of retaliation.
3) If the City determines that an individual has suffered adverse action in retaliation for opposition to alleged harassment or discrimination, or participation in a proceeding related to alleged harassment or discrimination, the City will take effective remedial action appropriate to the circumstances. The City will also take action to deter any future retaliation. If a complaint of unlawful retaliation is substantiated for an employee, appropriate disciplinary action will be taken, up to and including termination of employment. The City Attorney will advise the City Council on the appropriate action if a complaint of harassment, discrimination, or retaliation is substantiated for a local agency official. The City Attorney’s office will notify the complainant in writing regarding action taken against the person responsible for the retaliation. The City Attorney’s office will also instruct the complainant to immediately report recurring or continuing harassment, discrimination, or retaliation.
4) Employees may be placed on a paid administrative leave during an investigation until the conclusion of a retaliation investigation. 5) All employees should note that the failure to use the City’s complaint procedure may have an adverse effect on any claim under this Policy if such claims are litigated.
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6) If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action.
E. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of retaliation as well as all information gathered during the investigation; however, the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation or based on due process rights. Employees involved in the investigation of harassment or discrimination complaints may be admonished by the City to keep information related to the investigation confidential, only to the extent this is required to protect witnesses, protect evidence from being destroyed, prevent testimony from being fabricated, or there is a need to prevent a cover up. Anonymous complaints will be taken seriously and investigated; however, the ability to investigate or the extent of the investigation may be limited by the inability to follow-up with the complaining party. A person other than the person(s) who was (were) the target of the alleged harassment or discrimination may make a complaint.
8. Additional Enforcement Information. In addition to the City’s internal complaint procedure, employees should also be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) investigate and prosecute complaints of harassment, discrimination, and/or retaliation in employment. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California 90012; 800-669-4000. You can contact the DFEH as follows:
Los Angeles Office, 320 West Fourth Street, 10th Floor, Los Angeles, California 900013; 800-884-1684. Additional information can be found on the EEOC’s website (www.eeoc.gov) and/or the DFEH’s website (www.dfeh.ca.gov).
9. Documentation. All harassment, discrimination, and retaliation complaint investigations and corrective actions shall be documented by the Human Resources/Risk Management Division and/or City Attorney. The documentation shall include a summary of the investigation and an explanation of the appropriateness of the corrective actions. All related files shall be retained by the Human Resources/Risk Management Division until such time as file destruction is approved by the City Council in accordance with records retention requirements. A record of a harassment complaint will not be included in an employee's personnel file if the complaint is found to be unwarranted or a false accusation after conducting an investigation.
10. Employee, Unpaid Intern, Volunteer, Local Agency Official, and Contractor Acknowledgment of Receipt of Policy against Harassment, Discrimination, and Retaliation. All employees and unpaid interns shall be given a copy of this Policy on the first day of employment or work for the City, shall be given the time to read the Policy during their orientation meeting, and shall be required to sign a form acknowledging the following:
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I acknowledge receipt of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation. I understand that it is my responsibility to read, understand, and comply with this Policy and the standards of conduct referenced and contained in this Policy.
I further understand that if I have any questions regarding the Policy, I can discuss these questions with or submit any questions in writing to the City’s Senior Human Resources AnalystHuman Resources Manager (805-517-6238) or Personnel Officer (805-517-6213).
All local agency officials shall be provided a copy of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation by the City Clerk and shall be required to sign and return to the City Clerk a form acknowledging that the Policy has been received and read within two (2) weeks following election certification or appointment as applicable. The City Manager or his/her designee may determine that certain volunteers and contractors shall also be required to receive, read, and acknowledge receipt of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation.
This Policy shall be redistributed to all employees, unpaid interns, local agency officials, and applicable volunteers and contractors following any amendment, and no less than once every two (2) years, with reading and receipt acknowledgment required as described above.
Policy 2.7: Drug-Free Workplace
1. General Policy: It is the goal of the City of Moorpark (“City”) to create a healthy and safe work environment in order to deliver the best and most cost-efficient municipal service. It is the responsibility of the City employees to cooperate in efforts to protect the life, personal safety, and property of co-workers and fellow citizens. Substance abuse has been found to be a contributing factor to absenteeism, substandard performance, increased potential for accidents, poor morale, and impaired public relations. It is the goal of this policy to prevent substance abuse in the workplace. Employees cannot be under the influence of drugs and alcohol, including marijuana and prescription medications, in the workplace. Employees must take all reasonable steps to abide by and cooperate in the implementation and enforcement of this policy. Alcohol and/or drug abuse will not be tolerated on or off the job for any employee, and disciplinary action, up to and including termination, will be used as necessary to achieve the goal of eliminating substance abuse in the workplace.
This policy applies to all City employees. Certain City employees are also subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102- 143, 105 Stat. 952), which requires alcohol and drug testing of safety-sensitive transportation employees who are required to have a commercial driver’s license (49 CFR Parts 40, 382, as amended).
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employees. The specific guidelines for employees who are required to have a commercial driver’s license are set forth in Policy 2.8.
2. Definitions:
A. Alcohol: Any liquid containing ethyl alcohol (ethanol).
B. Applicant: Any person applying for employment with the City who has been extended a conditional offer of employment.
C. Controlled Substance: Any drug that is classified by the Drug Enforcement Administration into the five schedules or classes on the basis of their potential for abuse, accepted use, and accepted safety under medical supervision.
D. Drug(s): Legal and/or illegal drugs, as defined herein.
E. Illegal Drug: A controlled substance; a legal drug which has not been legally obtained; or a legal drug which was legally obtained, but that is being sold or distributed unlawfully.
F. Legal Drug: Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
G. Recreational/Adult Use and Medicinal Cannabis: The City of Moorpark recognizes that the State of California has legalized the use of cannabis for recreational and certain medical uses. However, in accordance with federal and state law, the City of Moorpark treats cannabis the same as any other drug that is subject to regulation under this policy. Moreover, although the use of cannabis is legally permissible in the State of California, it remains a prohibited and controlled substance under federal law. The City of Moorpark reserves the right to take disciplinary action under this policy when cannabis or cannabis products are involved, whether it is used for medicinal or nonmedicinal purposes, and whether or not it has been prescribed for the employee’s use.
GH. Reasonable Suspicion: A belief based upon objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
1) Slurred speech;
2) Alcohol odor on breath;
3) Unsteady walking and movement;
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4) Physical impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement);
5) An accident involving City property;
6) Physical altercation;
7) Verbal altercation;
8) Unusual behavior;
9) Job impairment;
10) Possession of alcohol or drugs; or
11) Information obtained from a reliable person with personal knowledge.
HI. Under the Influence of Drugs or Alcohol: The use of (1) any alcoholic beverage; (2) any illegal drug or substance, or (3) misuse of any prescribed drug, in a manner and to a degree that impairs the employee’s work performance or ability to use City property or equipment safely.
3. Employee Responsibilities:
A. Sign and return the Acknowledgement of Receipt of Drug Free Workplace Policy, noting specifically that the employee has read, understands, and agrees to abide by the provisions of this policy as a condition of continued employment.
B. Not report to work or be subject to duty while under the influence of illegal drugs or alcohol.
C. Not report to work or be subject to duty while under the influence of a legal drug whenever the use of the legal drug might (1) endanger the safety of the employee or another person; (2) pose a risk of significant damage to City property or equipment; or (3) substantially interfere with the employee’s job performance or the safe or efficient operation of the City’s business or equipment.
D. Notify his/her 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.
E. Not manufacture, possess, use, trade, offer to sell, sell, or buy drugs or alcohol during working hours or while subject to duty, on breaks, during meal periods, or anytime while on City property.
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F. Not store in a locker, desk, automobile, or other repository on City property, any alcohol, illegal drug, or marijuana. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in his/her personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, so long as the alcohol gift remains unopened on City property.
G. Not directly or through a third party sell or provide alcohol or drugs including marijuana to any person, including any employee, while either employee or both employees are on duty or subject to being called to duty. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in his/her personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, so long as the alcohol gift remains unopened on City property.
H. Submit to an alcohol and/or drug test when requested to do so by the employee’s Department Head, Personnel Officer, or City Manager, as provided for in accordance with the guidelines set forth herein.
I. Provide within twenty-four (24) hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug test is positive. The prescription must be in the employee’s name.
J. File an “Employee Report of Conviction for Violating Criminal Drug Statutes in the Workplace” to the City Personnel Officer within five (5) days of such conviction.
4. City Responsibilities:
A. The City Manager, Personnel Officer, and the Department Heads are responsible for reasonable enforcement of this policy.
B. The City Manager, Personnel Officer, or a Department Head may request that an employee submit to a drug and/or alcohol test in accordance with the guidelines set forth herein.
C. Whenever an employee refuses an order to submit to a drug or alcohol test upon request, the employee shall be reminded of the requirements of this policy and the disciplinary consequences provided for in this policy. Such refusal may be considered insubordination and grounds for disciplinary action up to and including termination.
D. Where there is a reasonable suspicion that an employee is under the influence of drugs or alcohol, the Department Head should detain the employee for a reasonable time until the employee can be safely transported home.
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E. Department Heads shall not physically search the person of employees, nor shall they search the personal possessions of employees without freely given consent in the presence of the City Manager, Personnel Officer, or other City Manager designee.
F. Department Heads shall notify the City Manager or Personnel Officer, whenever they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City. If the City Manager or Personnel Officer concurs that there is reasonable suspicion of illegal drug possession, the City Manager or Personnel Officer shall notify the appropriate law enforcement agency.
5. Drug Testing Guidelines:
A. Drug Testing: Employees subjected to a drug test shall be tested by submitting to a urinalysis test.
B. Alcohol Testing: Employees subjected to an alcohol test shall be tested by submitting to a breathalyzer test.
C. Testing Protocol: All testing will be conducted according to DHHS/SAMHSA guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. A copy of the DHHS/SAMHSA Guidelines may be obtained from Human Resources, or are available at the DHHS Website at: www.workplace.samhsa.gov.
D. Pre-Employment Examinations:
1) Required: The City Manager shall establish by administrative procedure the City job positions requiring drug and alcohol testing, based on safety sensitive responsibilities. The drug and alcohol testing for such positions shall be done in conjunction with the preemployment examination. No drug and alcohol test shall be administered prior to the applicant receiving a conditional offer of employment from the City.
2) Results: A positive result for a drug and/or alcohol analysis may result in the applicant not being hired. If a drug screen is positive at the pre-employment physical, the applicant may be requested to provide within twenty-four (24) hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant’s name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant’s ability to perform the job duties, the applicant may not be hired.
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E. Alcohol/Drug Testing of Employees: The City shall require drug and/or alcohol tests of employees when reasonable suspicion exists as defined in Section 2 of this policy. Employees shall also be required to submit to return to duty and follow-up drug/alcohol tests as part of a last chance agreement as set forth in Section 6 of this policy.
1) Documentation: Any Department Head requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of drugs or alcohol. When possible, the Department Head should have Human Resources staff, another Department Head, and/or supervisor witness the behavior and independently document it.
2) Prerequisite: Prior to the administration of any drug and/or alcohol testing, the City Physician and/or the Department Head shall attempt to obtain from the employee to be tested a completed and signed consent form. This form will provide for the employee’s consent in writing to physical and/or psychological examination and testing and the release of result information by the City Physician to the City.
Refusal by the employee to sign a consent form may be considered insubordination and may be grounds for disciplinary action up to and including termination of employment.
3) Interference with Required Test: An employee will be subject to the same consequences of a positive test if he/she:
a) Refuses the screening or the test;
b) Adulterates or dilutes the specimen;
c) Substitutes the specimen with that from another person or sends an imposter;
d) Will not sign the required forms; and/or
e) Refuses to cooperate in the testing process in such a way that prevents completion of the test.
4) Results: If the drug screen is positive, the employee may be requested to provide within twenty-four (24) hours of the test bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name.
6. Rehabilitation:
A. General: The City encourages those employees who think that they may have a problem with drugs and/or alcohol to seek assistance and rehabilitation at an early date prior to notification of testing for any Resolution No. 2019-38512022-_____
substance abuse problem and/or prior to discovery by the City of the employee’s drug and/or alcohol problem. The City reserves the right to discipline employees, up to and including termination of employment, who are discovered to have a problem with drugs and/or alcohol, and do not come forward for help prior to the City’s discovery.
B. Employee Assistance: The Employee Assistance Program (E.A.P.) is available to assist regular full-time and regular part-time employees in these efforts. Information pertaining to the City’s E.A.P. provider is given to all new employees receiving this benefit at the time of orientation, the telephone number is posted with the notices of employee rights at each work site, and such information may also be obtained by contacting Human Resources staff.
C. Voluntary Referral: A decision by an employee to voluntarily seek treatment or rehabilitation for the first time will not be used as the basis for disciplinary action; however, the City may in such cases require such employees to comply with the provisions of the Last Chance Agreement and Follow-Up Testing. An employee who tests positive for drugs under the provisions of this policy and then decides to enroll in a treatment or rehabilitation program does not qualify under this section. Likewise, an employee is not qualified under this section if the City discovers his/her alcohol and/or drug use prior to the employee’s admission and request for treatment or rehabilitation.
D. Leave: If necessary, the employee may be granted a leave of absence without pay in order to participate in treatment and rehabilitation. Such a leave of absence shall be unpaid and subject to the requirements of Section
13.3 of the City’s Personnel Rules regarding unpaid leaves of absences.
However, an employee is required to exhaust all accumulated paid leave time prior to being granted an unpaid leave of absence for the purpose of receiving treatment and rehabilitation. The City reserves the right to deny such leave if so doing would impose an undue hardship on the City.
E. Last Chance Agreement: Employees who undergo treatment and/or rehabilitation may be required to sign a Last Chance Agreement as a condition of continued employment. In said agreement, the employee must promise to complete the treatment or the rehabilitation program and to comply with other terms stated therein. If the employee refuses to sign the Last Chance Agreement or violates such agreement, he/she may be subject to disciplinary action up to and including termination of employment.
F. Return to Duty and Follow-up Testing: An employee entering a rehabilitation program will be required to submit to a return to duty drug/alcohol test prior to his/her return to work. An employee entering a rehabilitation program may be required to submit to random follow up testing for up to one (1) year after completion of the program. If the employee fails to comply or if further substance abuse is detected upon such testing, the employee may be subject to disciplinary action, up to and including termination of employment.
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7. Confidentiality: Laboratory reports or test results shall not appear in an employee’s general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources/Risk Management Division. The reports or test results may be disclosed to supervisors on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when:
A. The information is compelled by law or by judicial or administrative process; B. The information has been placed at issue in a formal dispute between the employer and employee;
C. The information is to be used in administering an employee benefit plan; or D. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
8. Disciplinary Action: Disciplinary action, up to and including termination of employment, may be taken against an employee for any violation of this policy, including, but not limited to the following reasons:
A. Failure to comply with any of the Employee Responsibilities set forth in this policy.
B. Positive results from a drug and/or alcohol test.
C. Refusal to be tested in accordance with this policy.
D. Violation of or refusal to enter into a “Last Chance Agreement.”
9. Relation to Disabilities: Nothing in this policy shall affect the City’s obligation to not discriminate and to reasonably accommodate certain alcoholics and/or drug addicts who are participating in or have completed a rehabilitation program in accordance with the Americans with Disabilities Act, the Fair Employment and Housing Act, and the Rehabilitation Act of 1973. Employees should be aware that none of these laws prohibits the City from taking disciplinary action against employees who are currently using illegal drugs.
10. Acknowledgement of Receipt of City of Moorpark Drug Free Workplace Policy:
All employees shall be required to sign the following acknowledgment, along with their printed name, signature, and date of signature, at either the time of hire or within two weeks of the initial adoption of this policy and any amendment:
I acknowledge that I have received a copy of the City of Moorpark Drug Free Workplace Policy. I further acknowledge that I have read and understand the Resolution No. 2019-38512022-_____
Policy and that I will abide by its terms. I understand that compliance with the terms of this policy is a condition of continued employment with the City.
I further recognize that the Policy supersedes any related Personnel Rules and Regulations, policy statements, manuals, and/or administrative policies previously issued by the City of Moorpark.
Policy 2.8: Drug and Alcohol Testing Regulations for Employees that are Drivers of Commercial Vehicles
1. Purpose: The City of Moorpark (“City”) has established procedures and guidelines for the performance of alcohol and drug testing to help protect the health and wellbeing of City employees and the public and to comply with the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952), and the regulations that implement it. Specifically, the City must comply with the regulations set forth by the Federal Motor Carrier Safety Administration, 49 C.F.R. Part 382 (FMCSA). This policy incorporates those federal requirements and state requirements, and any amendments that may be made subsequent to the adoption of this policy. This policy expressly restates portions of those requirements; however, the partial restatement should not in any way be interpreted to mean that those requirements not restated herein are inapplicable to drivers.
The obligations and requirements set forth under this policy apply to those employees who are required to hold a commercial driver’s license, and are in addition to the obligations set forth in the City of Moorpark Drug Free Workplace Policy (“DFWP”) establishing a drug-free workplace. In the event that this policy conflicts with the DFWP, this policy and the federal Department of Transportation regulations shall supersede the DFWP.
It is the goal of the City to create a healthy and safe working environment for the safety of its employees, co-workers, and the traveling public, and to deliver the best and most efficient municipal service to the citizens of Moorpark. Employees who abuse alcohol and drugs are a danger to themselves and to other employees.
Under City policy, drug and alcohol use, which affects the employee’s job performance, or jeopardizes City and public safety, is proper cause for disciplinary action up to and including termination of employment.
The City has a strong commitment to the health and well-being of its employees.
Any regular full-time or regular part-time employee or eligible dependents, who may be experiencing the pressures and problems of substance abuse and/or related problems, are urged to seek help through the City’s Employee Assistance Program (“EAP”). The EAP provides confidential counseling and may be called directly. Information pertaining to the City’s E.A.P. provider is given to all new employees receiving this benefit at the time of orientation, the telephone number is posted with the notices of employee rights at each work site, and such information may also be obtained by contacting Human Resources staff.
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Questions concerning this policy should be directed to the Human Resources/Risk Management Division at (805) 517-6213 or (805) 517-6238.
2. Applicability: The policy applies to all drivers/employees who operate a commercial motor vehicle as part of their job duties and position classification.
Employees who are subject to this policy will receive written notification from the City Manager. In order to comply with the Omnibus Transportation Employee Testing Act of 1991, and the regulations that implement it, the identification of covered job classifications can be modified at any time at the discretion of the City Manager.
3. Condition of Employment: Compliance with this policy is a condition of employment. Failure or refusal of an employee to cooperate fully, violate any section of this policy, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment is grounds for discipline up to and including termination.
4. Definitions: The following definitions apply to this policy:
A. Accident: An occurrence associated with the operation of a commercial motor vehicle, if, as a result, any of the following occur:
1) An individual dies; or
2) An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or
3) One (1) or more of the motor vehicles involved incurred disabling damage requiring that the motor vehicle be transported away from the scene by a tow truck or other motor vehicle.
B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.
C. Applicant: Any person applying for employment with City who has been extended a conditional offer of employment.
D. Breath Alcohol Technician (“BAT”): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.
E. Commerce:
1) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; and
2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in Section 4.E.1. above.
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F. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
1) Has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2) Has a gross vehicle weight rating of 26,001 or more pounds; or 3) Is designed to transport sixteen (16) or more passengers, including the driver; or
4) Is used in the transportation of hazardous materials found in the Hazardous Materials Transportation Act (49 USC § 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F).
G. Controlled Substance/Drug: Marijuana, cocaine, opiates, amphetamines, or phencyclidine.
H. Department of Health and Human Services (“DHHS”): The United States Department of Health and Human Services.
I. Designated Employer Representative (“DER”): An employee who is able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safetysensitive duties and to make required decisions in the testing and evaluation processes. The City’s DER is the City’s appointed Personnel Officer and can be contacted at 805-517-6213. In his/her absence, the City Manager may serve as DER or designate an alternate DER.
J. Disabling Damage: Damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. This includes damage to the motor vehicle where the vehicle could have been driven, but would have been further damaged if so driven. This excludes the following:
1) Damage that can be remedied temporarily at the scene of the accident without special tools or parts;
2) Tire disablement without other damage even if no spare tire is available;
3) Headlamp or taillight damage; and
4) Damage to turn signals, horn, or windshield wipers, which make them inoperable.
K. DOT: The federal Department of Transportation.
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L. Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drives; and independent owneroperator contractors.
M. FMCSA: The Federal Motor Carrier Safety Administration.
N. Illegal Drug(s): Any controlled substance; a legal drug which has not been legally obtained, or a legal drug which was legally obtained, but that is sold or distributed unlawfully.
O. Legal Drug(s): Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
P. Medical Review Officer (“MRO”): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by the City’s drug testing program and evaluating medical explanations for certain drug test results.
Q. Performing a Safety Sensitive Function: A driver is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
R. Safety Sensitive Function: All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions include:
1) All time at a City plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the City;
2) All time inspecting equipment as required by sections 392.7 and 392.8 of Title 49, Subtitle B, Chapter III of the Code of Federal Regulations, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3) All time spent at the driving controls of a commercial motor vehicle in operation;
4) All time, other than driving time, spent on or in any commercial motor vehicle, except time spent resting in a sleeper berth;
5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and Resolution No. 2019-38512022-_____
6) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
S. Substance Abuse Professional (“SAP”): A person who evaluates employees who have violated this policy and/or other DOT drug and alcohol regulation(s) and who makes recommendations concerning education, treatment, follow-up testing, and aftercare.
T. Transferee: A person who transfers from a position in the City service that does not have safety sensitive functions to a position in the City service that does have safety sensitive functions.
U. Verified Test: A drug test result or validity testing result from a Department of Health and Human Services certified laboratory that has undergone review and final determination by an MRO.
5. General Prohibitions:
A. Controlled Substances: Under this policy, no employee shall refuse to submit to a drug test. No employee shall report for duty, remain on duty or perform safety-sensitive functions if the employee tests positive for controlled substances under this policy. No employee shall report for duty, remain on duty, or perform safety-sensitive functions if the employee used controlled substances, unless the driver receives authorization to work from (1) the City Manager or the Personnel Officer; and (2) the City’s MRO prior to taking any legal drugs which may cause drowsiness or which may otherwise impair to any extent the employee’s ability to safely and efficiently perform his/her job.
The City’s MRO, after consultation with the City Manager or the Personnel Officer, may authorize the employee to work while under the influence of a legal drug upon receipt of a fully completed and signed authorization form which states to the City’s satisfaction that the employee will not be impaired in the performance of his/her duties. The City, in its discretion, may request the MRO to issue an independent decision, which will be binding on the employee, at any time and as to any driver who is working or intends to work while under the influence of a legal drug. In making such an independent determination, the MRO may require the employee to submit to a physical examination to ensure that the drug does not impair job performance.
B. Alcohol:
1) Concentration: No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while having an alcohol concentration of 0.04 or greater.
2) On-Duty Use: Drivers are prohibited from using alcohol while performing safety-sensitive functions.
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3) No driver who is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, may perform or continue to perform safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test. In accordance with City policy the employee may be retested to ensure that his/her alcohol level is below 0.02 before being authorized to perform safetysensitive functions. 4) Pre-Duty Use: Drivers are prohibited from using alcohol within four (4) hours prior to performing a safety-sensitive function. 5) Following an Accident: Drivers who are required to submit to a postaccident alcohol test under Section 6.C.1, are prohibited from using alcohol for eight (8) hours following the accident, or until he/she undergoes a post-alcohol accident test, whichever occurs first. 6) Refusal to Submit to Testing: Drivers are prohibited from refusing to submit to an alcohol test under this policy.
7) On Call Employees: Under City policy, any driver who is subject to being on call or who is on standby is prohibited from using alcohol while the employee remains on call or on standby. If a driver has consumed alcohol during this time, and he/she is called to report to duty, he/she must immediately notify his/her supervisor that he/she has consumed alcohol. The employee must also notify the supervisor whether the employee believes that he/she can perform his/her safety-sensitive function. If the employee admits to having consumed alcohol, but asserts that he/she can perform safetysensitive functions, the employee shall be required to submit to an alcohol test prior to performing any safety-sensitive functions.
6. Types of Drug and Alcohol Testing:
A. Pre-Employment/Promotional:
1) All applicants and transferees who will perform safety-sensitive functions are required to submit to a pre-employment drug and alcohol test before the performance of safety-sensitive functions.
Only applicants and transferees who have been made a conditional offer of employment or transfer shall be subject to the preemployment/promotional drug and alcohol tests. No applicant or transferee shall be permitted to perform safety-sensitive functions until the applicant or transferee’s drug test has a verified negative result. No applicant or transferee shall perform safety-sensitive functions until the applicant or transferee’s alcohol test indicates that he/she has an alcohol concentration of less than 0.02.
2) When a driver or applicant has not performed a safety-sensitive function for thirty (30) consecutive calendar days, regardless of the Resolution No. 2019-38512022-_____
reason, and the employee has not been in the City’s random selection pool during that time, the City shall ensure that the employee takes a pre-employment drug test with a verified negative result.
3) Under City policy if an applicant does not pass an alcohol and drug test, he/she must wait twelve (12) months before reapplying and then must present evidence of completion of a drug and/or alcohol rehabilitation program that is acceptable to the City before he/she is eligible to reapply.
B. Random: All drivers are subject to random drug and alcohol testing. The minimum annual percentage rate for random drug testing is fifty percent (50%) of all drivers and the random alcohol testing rate shall be ten percent (10%) of all drivers. The City may test more than these minimum percentages.
1) Selection of Employees: The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employees’ social security numbers, or other identifying numbers. Each driver shall have an equal chance of being tested each time selections are made.
2) Testing Pool: Drivers will be placed in a pool of all employees covered under this policy, who are required to be randomly tested by the DOT. The City Manager may at his/her discretion determine to partner with another public agency to increase the size of the pool of employees for random testing.
3) Timing: The City will ensure that random drug and alcohol tests are unannounced and unpredictable, and that the dates for administering the random tests are spread reasonably throughout the calendar year. An employee shall only be randomly tested for alcohol while performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. An employee can be randomly tested for drugs anytime while on duty.
4) Procedures: Employees who are notified that they have been selected for random testing under this policy are required to proceed immediately to the test site.
C. Post-Accident:
1) Alcohol Test: As soon as practicable following an occurrence involving a City commercial motor vehicle operator on a public road in commerce, the City shall conduct a test for alcohol on each of its surviving drivers:
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a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b) Who was performing safety-sensitive functions with respect to the vehicle and who receives a citation within eight (8) hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
i) Bodily injury to any person who, as a result of the
injury, immediately receives medical treatment away
from the scene of the accident; or
ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
If an alcohol test is required, it should be administered within two (2) hours following the accident, but it must be
administered within eight (8) hours following the accident. If it is not administered within eight (8) hours following the accident, the City shall cease attempts to administer the alcohol test. The supervising Department Head must submit documentation to the Human Resources/Risk Management
Division explaining why the test was not promptly
administered. Drivers subject to post-accident testing must refrain from using alcohol for eight (8) hours following the accident or until completing a post-accident alcohol test, whichever comes first.
2) Drug Test: As soon as practicable following an occurrence involving a City commercial motor vehicle operator on a public road in commerce, the City shall conduct a test for controlled substances on each of its surviving drivers:
a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b) Who was performing safety-sensitive functions with respect to the vehicle and who receives a citation within thirty-two (32) hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
i) Bodily injury to any person who, as a result of the
injury, immediately receives medical treatment away
from the scene of the accident; or
ii) One or more of the motor vehicles incurring disabling damage as a result of the accident, requiring the motor Resolution No. 2019-38512022-_____
vehicle to be transported away from the scene by a tow
truck or other motor vehicle.
If a drug test is required, it must be administered within thirty-two (32) hours following the accident, or the City must cease its attempts to administer the drug test and the supervising Department Head must submit documentation to the Human Resources/Risk Management Division explaining why the test was not promptly administered. 3) Failure to Remain Available: An employee who is subject to postaccident drug and/or alcohol testing, and who fails to remain readily available for such testing, including notifying the employee’s supervisor or Department Head of his/her location if he/she leaves the scene of the accident prior to submitting to such test, will be deemed to have refused to submit to testing.
4) Need for Medical Attention: Nothing in the post-accident testing requirements should be read to require the delay of necessary medical attention for the injured following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
D. Reasonable Suspicion: The City shall order an employee to submit to a drug and/or alcohol test when the City has reasonable suspicion to believe that the employee has used a controlled substance and/or has misused alcohol.
1) Finding of Reasonable Suspicion: The City’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. A supervisor who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations.
2) Reasonable Suspicion Alcohol Testing: An employee may only be subjected to alcohol testing if the observations are made during, just preceding or just after the period of the workday that the driver is performing safety-sensitive functions. A reasonable suspicion alcohol test should be performed within two (2) hours of the reasonable suspicion finding. If not, the supervisor making the observation shall provide written documentation as to why the test was not promptly conducted. An alcohol test shall not be administered more than eight (8) hours after making the reasonable suspicion finding.
Notwithstanding the absence of a reasonable suspicion alcohol test, drivers shall not perform safety-sensitive functions if under the Resolution No. 2019-38512022-_____
influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse until:
a) An alcohol test is administered and the employee’s alcohol concentration measures less than 0.02; or
b) Twenty-four (24) hours have elapsed following the reasonable suspicion finding.
3) Reasonable Suspicion Drug Testing: An employee may be subjected to drug testing under reasonable suspicion based on observations at any time the employee is on duty.
4) Written Record of Reasonable Suspicion: A written record shall be made of the observations leading to an alcohol or drug reasonable suspicion test and signed by the supervisor who made the observations, within twenty-four (24) hours of the observed behavior or before the results of the alcohol and/or drug tests are released, whichever is earlier.
5) Commuting to Test Site: It is City policy, that under no circumstances will an employee being directed to submit to a reasonable suspicion test be allowed to self-commute. A supervisor or manager must drive the employee to the test site and return the employee to the worksite.
E. Return-to-Duty and Follow-Up Testing: Before the City allows an employee to return to duty to perform a safety-sensitive function following certain prohibited conduct, including refusing to submit to a test, having a verified positive drug test result, and/or a confirmed alcohol test result of 0.04 or greater, the employee must first have been evaluated by the SAP, successfully participated and complied with any prescribed treatment program, and passed a controlled substance and/or alcohol return-to-duty test.
The employee must have a verified negative test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming performance of safety-sensitive duties. If allowed to return to duty, an employee must be subject to unannounced follow-up testing, which is separate from the random testing obligations, for at least twelve (12) months.
All testing under this Section shall be in accordance with 49 CFR Part 40, Subpart O.
7. Alcohol Testing Procedures: Testing will be performed in strict compliance with DOT regulations for alcohol testing (49 CFR Part 40) by professionals on contract with the City. This Section contains selected portions of the DOT regulations. A complete copy of 49 CFR Part 40 is available at www.dot.gov, or a copy may be requested from the Human Resources/Risk Management Division.
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Under no circumstance will testing be conducted by a supervisor of the employee.
The City will take every possible step to ensure that testing can be completed and the employee can return to work prior to the end of the employee’s shift, in order to accommodate the employee’s off-duty schedule, including carpooling and other transportation concerns.
A. General Testing Procedures: Tests for alcohol concentration will be conducted at the City’s expense utilizing an NHTSA-approved EBT device operated by a qualified BAT. Non-EBT devises may be used for the initial test (“screening test”).
The screening test is conducted first. If the result is an alcohol concentration of anything less than 0.02, no further testing is required and the test will be reported as a “negative” test. If the alcohol concentration is
0.02 or greater, a second test will be performed (“confirmation test”), no earlier than fifteen (15) minutes and no later than thirty (30) minutes after the screening test, to confirm the results of the screening test.
In the event that the screening test and confirmation test results are not identical, the confirmation test result shall be deemed to be the final result upon which any action pursuant to this policy shall be based. The BAT will transmit all results to the DER in a confidential manner and shall notify the DER immediately if an employee must be removed from safety-sensitive functions. An employee with an alcohol concentration of 0.02 or greater, but less than 0.04, must be removed from duty for 24 hours. If the alcohol concentration is 0.04 or greater, the driver shall be removed from his/her driving duties and attendant safety-sensitive functions and be evaluated by a SAP.
B. Inability to Provide Sufficient Amount of Breath: If an employee is unable after two (2) attempts to provide an amount of breath sufficient to permit a valid breath test, the City shall direct the employee to obtain, at the City’s expense, an evaluation from a licensed physician, satisfactory to the City, concerning the employee’s medical ability to provide an adequate amount of breath. If the physician determines that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate amount of breath, the employee’s failure to do so shall not be deemed a refusal to test. If the physician is not able to make such a determination, then the employee’s failure to provide an adequate amount of breath shall be regarded as a refusal to test.
8. Drug Testing Procedures: Testing will be performed in strict compliance with DOT regulations for drug testing (49 CFR Part 40) by professionals on contract with the City. This Section contains selected portions of the DOT regulations. A complete copy of 49 CFR Part 40 is available at www.dot.gov, or a copy may be requested from the Human Resources/Risk Management Division.
Under no circumstance will testing be conducted by a supervisor of the employee.
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the employee can return to work prior to the end of the employee’s shift, in order to accommodate the employee’s off-duty schedule, including carpooling and other transportation concerns.
A. All drug tests performed under this policy shall test for the following controlled substances (or their metabolites): marijuana, cocaine, opiates, amphetamines, and phencyclidine. Pursuant to the DOT and FMCSA regulations, the drugs or classes of drugs to be tested, as well as the initial and confirmatory cutoff levels for each drug or class of drug, are listed below.
Cutoff Concentrations for Initial and Confirmation Drug Tests Type of Drug or Metabolite Initial Test Confirmation Test (1) Marijuana metabolites
(a) Delta-9-tetrahydrocannabinol9-carboxylic acid (THC) 50 15
(2) Cocaine metabolites
(Benzoylecgonine)
300 150
(3) Phencyclidine (PCP) 25 25
(4) Amphetamines
(a) Amphetamine
(b) Methamphetamine
1000
500
500 (Specimen must also
contain amphetamine at a
concentration of greater than or equal
to 200 ng/mL.)
(5) Opiate metabolites
(a) Codeine
(b) Morphine
(c) 6acety1morphine
2000
2000
2000
10 (Test for 6-AM in the specimen.
Conduct this test only when specimen
contains morphine at a concentration
of greater than or equal to 2000
ng/mL.)
B. Drug testing is a two-stage process utilizing a urine specimen. First a screening test using an immunoassay technique is performed. If it is positive for one or more drugs, a confirmation test is performed for each Resolution No. 2019-38512022-_____
identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis.
C. DOT regulations require that all urine specimens be collected at an appropriate collection site. The City uses off-site collection sites staffed by medical/technical personnel that meet the DOT requirements. A trained health care worker will collect a split urine sample at the designated collection site approved by the City. A strict chain of custody will be followed from the point of collection to the DHHS certified testing laboratory approved by the City. The primary sample is screen tested by the laboratory using an immunoassay technique. If the sample is positive for one or more drugs covered by this policy, a confirmatory test is performed for each identified drug using gas chromatography/mass spectrometry.
D. All test results will be reviewed at the City’s expense by a MRO approved by the City for the purpose of verifying and validating the test results. If test results are positive, the MRO will contact the employee, as confidentially as possible, to determine if there is an alternate medical explanation for the drugs found. If the employee provides appropriate documentation, or if the MRO determines based upon all available information that there is a legitimate medical use, or other valid explanation, the test result is reported as negative.
E. The employee may request that the MRO have the split specimen sent to another DHHS-certified laboratory for analysis at the employee’s expense.
If such costs are paid by the City, the costs may be reimbursed to the City through payroll deduction. This request must be made by the employee directly to the MRO no later than seventy-two (72) hours after the MRO has notified the employee of a positive test result, which has been confirmed by the MRO. The split specimen will be tested according to the same screening and confirmatory procedures for that drug(s) or drug metabolite(s) found in the primary specimen.
F. The employee shall provide a minimum of forty-five (45) milliliters of urine for the collection. If the employee is unable to provide such a quantity of urine, the employee shall drink not more than forty (40) ounces of fluids and, after a period of up to three (3) hours, again attempt to provide a complete sample. If the employee is unable to provide an adequate specimen the testing shall be discontinued. The DER shall refer the employee, at the City’s expense, for a medical evaluation from a licensed physician satisfactory to the MRO concerning whether the inability to provide a specimen is genuine. If the physician determines and the MRO accepts the physician’s recommendation that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate urine sample, the employee’s failure to do so shall not be deemed a refusal to test. If the physician is not able to make such a determination, then the employee’s failure to provide an adequate urine sample shall be regarded as a failure of the test.
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G. Under City policy any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be subject to disciplinary action up to and including termination of employment.
H. The privacy of the employee shall be protected at all times. The City shall adhere to all standards of confidentiality regarding employee testing.
9. Medical Review Officer: The City’s MRO shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing his/her duties as an MRO. The MRO shall have no relationship with the drug testing laboratory that creates a conflict of interest. The City’s MRO is: Concentra Urgent CareU.S. HealthWorks Medical Group, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate MRO.
10. Breath Alcohol Technician: The City’s BAT shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing his/her duties as a BAT. The City’s BAT is: Concentra Urgent CareU.S. HealthWorks Medical Group, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate BAT.
11. Testing Laboratory: The City shall only use testing laboratories that are certified by DHHS under the National Laboratory Certification Program. The testing laboratory must adhere to all requirements set forth in the DOT regulations. The drug testing laboratory and the MRO may not have any relationship that creates a conflict of interest. The City’s drug and alcohol testing laboratory is as may be contracted by Concentra Urgent CareU.S. HealthWorks Medical Group, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate drug testing laboratory and alternate alcohol testing laboratory.
12. Refusal to Submit to Testing:
A. Acts that Constitute a Refusal to Submit to Testing: In accordance with DOT regulations, a driver who engages in any of the following conduct has refused to submit to a drug and/or alcohol test under this Section:
1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with DOT regulations, after being directed to do so by the City. 2) Fails to remain at the testing site until the testing process is complete, except for an employee who leaves the testing site prior to the commencement of a pre-employment test;
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3) Fails to provide a urine specimen for any drug test, except for an employee who leaves the testing site prior to the commencement of a pre-employment test;
4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen;
5) Fails to provide a sufficient amount of urine when directed, and it has been determined, though a required medical evaluation, that there was no adequate medical explanation for the failure;
6) Fails or declines to take a second test the City or collector has directed the driver to take;
7) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER when the employee cannot produce a sufficient amount of urine;
8) Fails to cooperate with any part of the testing process; or 9) Is reported by the MRO as having a verified adulterated or substituted test result.
13. Consequences of a Positive Test or a Refusal to Test:
A. Pre-Employment Test: Under City policy, an applicant whose test results are positive for any illegal drug or alcohol will not be hired. Under City policy, any applicant who refuses to submit to testing shall be disqualified for employment.
B. Transfer, Reasonable Suspicion, Post-Accident, Return-to-Duty, or Random Tests:
1) Drugs:
a) A driver who refuses to submit to a drug test or has a verified positive controlled substances test result under this policy shall not be permitted to perform safety-sensitive functions. b) A driver who refuses to submit to a drug test or receives a verified positive drug test result under this policy shall be placed off work and shall be referred to a SAP for evaluation.
The SAP shall make a determination as to whether the
employee requires rehabilitation, and if so, shall recommend a course of rehabilitation to be completed under the City’s EAP. c) A driver may not be returned to his/her former safety-sensitive position until the employee complies with the Return-to-Duty Resolution No. 2019-38512022-_____
and Follow-Up Testing set forth in 49 USC 40, Subpart O and summarized in Section 6.E. of this policy.
d) In accordance with City policy, a driver whose test results are positive for any illegal drug will be subject to disciplinary action up to and including termination of employment. The City shall treat any refusal to submit to testing by an employee to be both insubordination and as though the employee had tested positive and the City will proceed accordingly.
e) In accordance with City policy, a driver whose test results are positive for a legal drug which has not been approved by the City’s MRO for use by that employee at work (or such
authorization has been revoked) may be placed off work
pending the employee obtaining such approval.
2) Alcohol:
a) A driver who refuses to submit to an alcohol test or has an alcohol concentration of 0.04 or greater shall not be permitted to perform safety-sensitive functions.
b) A driver whose final test result shows an alcohol percentage of
0.02 or greater but less than 0.04 shall not be permitted to perform safety-sensitive functions and shall not return for duty until at least twenty-four (24) hours following the
administration of the test.
c) A driver who refuses to submit to an alcohol test or has an alcohol concentration of 0.04 under this policy shall be placed off work and shall be referred to a SAP for evaluation. The SAP shall make a determination as to whether the employee requires rehabilitation, and if so, shall recommend a course of rehabilitation for the misuse of alcohol to be completed under the City’s EAP.
d) A driver may not be returned to his/her former safety-sensitive position until the employee complies with the Return-to-Duty and Follow-Up Testing set forth in 49 USC 40, Subpart O and summarized in Section 6.E. of this policy.
e) In accordance with the City policy, a driver whose test results are positive for alcohol will be subject to disciplinary action up to and including termination of employment. The City shall treat any refusal to submit to testing by an employee to be both insubordination and as though the employee had tested positive and the City will act accordingly.
14. Employee Admission of Drug and/or Alcohol Use:
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A. An employee who admits to alcohol misuse or drug use is not subject to the referral, evaluation, and treatment requirements of the DOT regulations, and the referral, evaluation, and treatment provisions discussed above when the following conditions are met:
1) The admission is pursuant to the provisions set forth in the City’s DFWP;
2) The driver does not self-identify in order to avoid drug or alcohol testing under this policy;
3) The driver makes the admission of alcohol misuse or drug use prior to performing a safety-sensitive function; and
4) The driver does not perform a safety-sensitive function until the City is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the provisions of the City’s DFWP.
In the event that all of the above criteria are not met, the employee remains subject to all DOT regulations regarding referral, evaluation, and treatment.
B. When the employee is qualified to seek treatment or rehabilitation under the City’s DFWP and the employee meets the above-stated criteria, the following conditions shall also apply:
1) The City will not take adverse job action against an employee who comes forward for the first time and makes a voluntary admission of alcohol misuse or controlled substances use within the guidelines set forth in Section 14.A;
2) The employee shall have sufficient opportunity to seek evaluation, education, or treatment to establish control over the employee’s drug or alcohol problem;
3) The employee may return to safety-sensitive functions only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert (i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor);
4) Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return to duty alcohol test which must indicate an alcohol concentration of less than 0.02 and/or a return to duty drug test which must be verified negative for controlled substances; and
5) The employee must adhere to the follow-up testing and monitoring established under Section 6.E.
15. Education:
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A. Training: To assist employees and their families to understand and to avoid the perils of drug and alcohol abuse, the City has developed a comprehensive Drug and Alcohol Awareness Program. The City will use that program in an ongoing educational and training effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The Drug and Alcohol Awareness Program will include the display and distribution of informational material and will inform employees and their families about:
(1) the dangers of alcohol and drug abuse in the workplace; (2) the consequences of drug and/or alcohol use on personal health, safety, and the work environment; (3) the manifestation and behavioral cues that may indicate drug and/or alcohol use and abuse; (4) this policy; (5) the availability of treatment and counseling service hotline telephone number for employee assistance, and (6) the sanctions the City will impose for violations of this policy.
1) Drivers: Drivers will receive at least sixty (60) minutes of training on the effects and consequences of prohibited drug use and alcohol use on personal health, safety, and the work environment. The training shall also include the signs and symptoms that may indicate prohibited drug use and alcohol use.
2) Supervisors: Supervisors who are authorized to make
determinations of reasonable suspicion shall receive at least sixty (60) minutes of training on the physical, behavioral, speech, and performance indicators of probable drug use. Supervisors shall also receive at least sixty (60) minutes of training on physical, behavioral, speech, and performance indicators of probable alcohol misuse.
16. Employee Assistance Program: The City maintains an Employee Assistance Program (“EAP”) which offers confidential, professional counseling to eligible employees and their family members. It provides a constructive way by which employees can deal with alcohol and/or drug-related problems before such problems impact job performance, family relations, and other areas of one’s life.
Employees experiencing personal or work performance problems associated with alcohol or drug use are urged to utilize the EAP.
It is the responsibility of employees to seek assistance from the EAP before alcohol and/or drug problems lead to disciplinary action, which under City Personnel Rules and Policies can include termination of employment for a first offense. Enrollment and participation in the EAP will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. However, enrollment and participation in the EAP will not exempt an employee from discipline if that employee is found to have violated this policy.
Provisions for leaves of absence for employees with alcohol and/or drug related problems who have not been found in violation of this policy and who voluntarily have sought assistance through the EAP will be granted in accordance with the City Personnel Rules and Policies.
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Any employee who tests positive for the presence of illegal drugs or alcohol at or above the cutoff levels established by the DOT shall be referred to a Substance Abuse Professional (“SAP”) to determine what assistance, if any, the employee needs in resolving problems associated with drugs or alcohol misuse.
The cost of any treatment or rehabilitation services may be covered by the medical insurance policy provided by the City, which may require a co-payment by the employee paid directly by the employee or his/her insurance provider. The City will not pay for treatment or rehabilitation.
17. Confidentiality: The City shall make every effort to assure confidentiality throughout the testing process and to protect the individual dignity and right to privacy of all employees. Personal data regarding the drug and alcohol testing results and EAP evaluations will be forwarded only to the MRO or the SAP and are confidential.
Except as required by law, or expressly authorized or required by the DOT and FMCSA regulations, the City shall not release any information from the records it is required to maintain under the regulations. The employee, upon written request, is entitled to obtain copies of any records pertaining to the employee’s drug and alcohol testing.
18. Acknowledgment: All City employees that are required to maintain a Class A or B Commercial Driver License shall be required to sign the following acknowledgment, along with their printed name, signature, and date of signature, at either the time of hire or within two weeks of the initial adoption of this policy and any amendment:
I acknowledge that I have received a copy of the City of Moorpark Policy for Drivers of Commercial Vehicles Subject to Department of Transportation Drug and Alcohol Testing Regulations (“Policy”). I understand that conformance with this Policy is a condition of my employment, and that violation of this Policy can, in certain circumstances, be grounds for discipline, up to and including termination of employment. I further understand that additional information regarding the testing procedures that will be used under the DOT regulations are available from the Human Resources/Risk Management Division should I wish to review them. I understand that it is my obligation to read this Policy, and will abide by its terms.
Policy 2.9: Employee, Contract Staff, Consultant, and Volunteer Letters of Recommendation and Background Check Response
Given the liability potential related to letters of recommendation and responses to background check inquiries, the City Council’s policy is that letters of recommendation and background check responses shall be restricted in accordance with this policy.
All current or former City employee, contract staff, private contractor, consultant, volunteer or other business entity letters of recommendation and testimonials written by a City employee, contract staff, or City Council appointee (including but not limited to Planning Commissioners, Parks and Recreation Commissioners, Arts Commissioners, and Library Board Members), and pertaining in any way to the business of the City, must be approved by the City Manager or his/her designee. Prior to any staff response to a Resolution No. 2019-38512022-_____
background check inquiry for contract staff, private contractor, consultant, or volunteer, the Personnel Officer or City Manager approval is required.
All background check inquiries for current or former City employees shall be directed to the City’s Human Resources/Risk Management Division staff for response.
City Councilmembers shall contact the City Manager prior to providing any letter of recommendation for a current or former City employee, contract staff, private contractor, consultant, and/or volunteer to ensure that such Councilmember is made aware of any liability and/or human resources related concerns.
Policy 2.10: Employee Anniversary Recognition Program Policy The City Manager shall have the authority to approve an Employee Anniversary Recognition Program for regular competitive service and management employees consistent with the dollar limits set forth in this policy. All full months of service for regular full-time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12- month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time (temporary part-time employees are not eligible for this benefit). 60 Months of Full-Time Equivalent Service: Award gift not to exceed $100.00. 120 Months of Full-Time Equivalent Service: Award gift not to exceed $300.00. 180 Months of Full-Time Equivalent Service: Award gift not to exceed $500.00. 240 Months of Full-Time Service: Award gift not to exceed $750.00. 300 Months of Full-Time Equivalent Service: Award gift not to exceed $1,000.00. 360 Months of Full-Time Equivalent Service: Award gift not to exceed $1,200.00. 420 Months of Full-Time Equivalent Service: Award gift not to exceed $1,400.00. 480 Months of Full-Time Equivalent Service: Award gift not to exceed $1,600.00.
Policy 2.11: City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Regular competitive service and management employees with five or more years (60 plus months) of full-time equivalent service with the City of Moorpark will receive a contribution from the City to be used towards a retirement recognition event, subject to the requirement that all full-time employees will be invited to attend. All full months of service for regular full-time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time Resolution No. 2019-38512022-_____
(temporary part-time employees are not eligible for this benefit). The event may be held at a City facility with a room or park reservation area provided free of cost, if the City Manager is provided with no less than 30 days’ notice of pending retirement and the room or park area is available. The City’s retirement event contribution is to be used for catering or subsidizing the meal cost, decorations, entertainment, a gift (which may include a cash payment) for the retiring employee not to exceed 25% of the total City retirement contribution, and/or other related event costs, as approved by the City Manager to supplement event donations. There is no cash value for this retirement benefit if the employee elects to not have a retirement event.
The dollar limits for the event contribution will be based on cumulative full months of fulltime equivalent service time with the City as follows:
$500.00 for 60 to 119 Months of Full-Time Equivalent Service. $1,000.00 for 120 to 179 Months of Full-Time Equivalent Service. $1,250.00 for 180 to 239 Months of Full-Time Equivalent Service. $1,500.00 for 240 or more Months of Full-Time Equivalent Service.
Policy 2.12: Procedure for Filing a Complaint against a City Employee or Contract Staff
All charges or complaints against an employee or contract staff, including the City Attorney, shall be submitted to the City Manager in writing for appropriate action. The City Manager will notify the City Council of a complaint against the City Attorney. A complaint against the City Manager shall be submitted to the City Attorney, who shall notify the City Council. The City Manager or City Attorney may waive the requirement for the complaint to be in writing if he/she determines an accommodation is needed; an example would be a disability accommodation. The City Manager shall determine whether the complaint shall be referred to the Human Resources/Risk Management Division for investigation or resolved by the Department Head to whom the employee or contract staff reports.
City staff supervisors shall be instructed to refer any person with a verbal complaint about an employee and/or contract staff received during regular office hours to the Human Resources/Risk Management Division. Human Resources staff will then meet privately with the person requesting to file a complaint to either resolve the complaint or provide instruction on the City’s written complaint procedure.
Consistent with the City Council Rules of Procedure for City Council meetings, a speaker that verbally complains about an employee of the City, or any employee of a private firm or public agency providing a contract service to the City, during a Council meeting will be directed to contact the City’s Human Resources/Risk Management Division for assistance in documenting and resolving their complaint.
Policy 2.13: Americans with Disabilities Act (ADA)/Section 504 of Rehabilitation Act Complaint and Grievance Procedure
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1. Purpose and Authority
This Policy has been created to comply with the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973. This policy establishes a complaint and grievance procedure to be followed by citizens who want to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Moorpark (City), and not including City employment related discrimination complaints.
The City wants to hear concerns and complaints from citizens in order to provide accessible programs, services and activities. A member of the public can contact the City with a comment, concern, or complaint without filing a formal grievance.
The City’s website, http://moorparkca.gov, has a Report a Concern feature that includes ADA complaints with a request tracker to ensure City staff quickly responds to such concerns. A formal grievance can be filed by completing the Grievance Form included as an attachment to this Policy.
2. ADA Coordinator
The City’s Personnel Officer or other designated staff, as appointed by the City Manager, shall be the ADA Coordinator for the City of Moorpark. The ADA Coordinator shall be responsible for coordinating the City’s efforts to comply with and carry out the City’s ADA responsibilities.
3. Complaint and Grievance Procedure
This complaint and grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. This procedure may be used by anyone who wishes to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City, not including employment related complaints of discrimination. City Council Policy No. 2.6 governs all employment-related complaints of harassment, discrimination, and retaliation.
It is preferred that the formal ADA grievance be in writing and contain information about the alleged discrimination, such as the name, address, phone number of the complainant, and location, date, and description of the problem. Alternative means of filing a complaint, such as a personal interview or a recording of the complaint, will be made available for persons with disabilities upon request. If additional accommodations are needed, please contact the ADA Coordinator.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation to:
ADA Coordinator
City of Moorpark
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799 Moorpark Avenue
Moorpark, CA 93021
[email protected]
(805) 517-6213
California Relay Services: Dial 711
Within 30 calendar days after receipt of the complaint, the ADA Coordinator or her/his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 30 calendar days of the meeting, the ADA Coordinator or her/his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City and offer options for substantive resolution of the complaint.
4. Appeal
If the response by the ADA Coordinator or her/his designee does not satisfactorily resolve the issue, the complainant and/or her/his designee may appeal the decision within 30 calendar days after receipt of the response to the City Manager or his/her designee.
Within 30 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 30 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and, where appropriate, also respond in a format accessible to the complainant, with a final resolution or determination of the complaint.
5. Retaliation
Retaliation against a person who files a complaint of discrimination or participates in an investigation of such a complaint is prohibited by Federal and State law. Any person who believes he or she has been retaliated against for filing a complaint of discrimination is encouraged to report their concerns about potential retaliatory actions to the ADA Coordinator, or as an alternative may report concerns to the City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021.
6. Records Retention
All written complaints and grievances received by ADA Coordinator or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the City for at least three years from final action.
Policy 2.14: City Wireless Internet Network
A City wireless internet network will be made available for public use at the Moorpark Library, Active Adult Center, City Hall offices and Community Center, and other City facilities, as approved by the City Manager, for users with portable electronic devices Resolution No. 2019-38512022-_____
capable of receiving wireless signals. Prior to each use, acknowledgment of a wireless user agreement shall be required, the form of which shall be approved by the City Manager and City Attorney.
Policy 2.15: City Website Content and External Links
Staff is hereby directed to include the following provisions of this policy on the City website.
1. Purpose
It is the purpose of the Moorpark City Government website to provide accurate, non-editorial content that will inform Moorpark citizens about City of Moorpark services, operations, projects, and special events, and provide information pertaining to City officials and personnel. In addition, the website should be used to facilitate the delivery of services provided by the City of Moorpark to its citizens and other customers. All City of Moorpark departments and divisions are eligible to submit content or request the posting or hypertext linking to appropriate information to support the mission of the City and department service initiatives.
2. Website Disclaimer
The City of Moorpark website is maintained to provide information to the public.
Information found on the City’s website has been compiled from a variety of sources, and is subject to change at any time and without notice from the City of Moorpark. While every effort is made to keep such information accurate and up-todate, the City of Moorpark assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. The Administrative Services DepartmentPublic Information Officer acts as the City’s Webmaster and is responsible for the management and oversight of the City of Moorpark website.
Questions or comments concerning information contained in the City of Moorpark website should be directed to the Administrative Services Manager Public Information Officer. Comments about the City’s website are welcome from any source and are always appreciated.
By using the City of Moorpark website, the user assumes all risks associated with its use, including but not limited to the risk of damage to computer, software, or data by any virus, program, or file, which might be transmitted through the Internet.
Under no circumstances shall the City of Moorpark be liable for any damages resulting from the use of the City of Moorpark website or any external link.
The opinions expressed in any linked websites are not those of the City of Moorpark, and any questions on other websites should be addressed to the entity sponsoring such site.
3. Privacy
A computer communicates with the City of Moorpark’s website using a particular Internet Protocol address (IP). Like most sites, the City of Moorpark can track the Resolution No. 2019-38512022-_____
user's IP address when visiting the site. The IP address allows the City of Moorpark to track for each user, information such as the IP address, the browser type, and the identity of the user's Internet service provider: however, the IP address does not provide any personally identifiable information and allows the user to remain anonymous. This information helps the City to improve site navigation and to make improvements to the City’s website and content.
To the extent that the City website contains or may in the future contain online registration forms for special activities or other services, such as recreation classes, an applicant may be asked during the application process for name, address, e-mail address, phone number, birth date, or other general or special purpose information needed to complete registration for the specific activity or service.
To the extent that the City website contains or may in the future contain online volunteer or employment application forms, an applicant may be asked during the application process to provide name, address, e-mail address, phone number, driver’s license number, occupations, work experiences, employment history, education level, and/or references.
To the extent that the City website contains or may in the future contain online payment services, the City of Moorpark will collect personal information, such as name, postal address, e-mail address and credit card number should you decide to use an online payment service.
4. Permitted External Links
The City of Moorpark website contains links to other websites as a convenience to the public and does not constitute an endorsement. The City of Moorpark is not responsible for information contained on sites linked from any City of Moorpark page and has not reviewed such for accuracy or legal sufficiency.
The City of Moorpark permits the establishment of links to external websites on the City's official website solely in conformance with this policy. In the establishment and maintenance of its official website, the City does not intend in any manner to create a forum or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur. Rather, the sole and limited purpose of this City's website and permitted external links is to provide non-political and/or non-religious information of a factual nature about the City of Moorpark including various services and resources available within and around the City, or as may be available from other government agencies.
The Moorpark City Government website includes links to other websites, and the City is not responsible for the actions and policies of these third parties, and recommends the privacy policies of each website be reviewed before supplying personally identifiable information.
5. External Link Application Process
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Organizations and City staff requesting to establish external links to the City's website must submit an email to [email protected] Link Application Form, as approved by the City Manager or his/her designee, to the City’s Administrative Services Department. This form email will contain all information necessary to verify the facts as stated and is necessary to establish that the proposed link is in compliance with this policy.
A. Consistent with the foregoing policy, it is the City's policy to limit external links to the following kinds of entities and organizations:
1) Sites that are owned and managed by a state, local or federal governmental agency, local public school, college board, or special district;
2) Public Utilities;
3) Sites that are maintained by a non-profit organization that receives direct financial support from the City of Moorpark and supports the mission of the City; or
4) Sites that have a direct contractual relationship with the City for the provision of goods and/or services.
B. External links will not be made to sites that fall within any of the following criteria, as determined by the City Manager or his/her designee:
1) Sites that are owned or managed by a political party, candidate or special interest group or are of a political nature that are associated with, sponsored by or serving a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal;
2) Sites that are owned, managed or provide content for commercial entities that do not have a direct contractual relationship with the City for the provision of goods and/or services; or
3) Sites containing any materials that may reasonably be considered scurrilous or offensive. Offensive materials are defined as sexual content or images, slurs against race, religious or political beliefs, age, gender, sexual orientation, national origin or physical attributes.
The City of Moorpark reserves the right to: 1) deny an external link application to any person, business or organization when it is determined, following review of a complete application, that the entity or organization for which application is made does not meet the criteria set forth in this policy; and 2) deny an external link application to any person, business or organization which fails to provide all required information, or fails to provide truthful information.
6. Removal of External Link
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The City Manager or his/her designee is authorized to remove any external link if the nature of the organization or business to which the link relates no longer complies with the City's external link policy; and discontinue an external link at any time if an entity’s website provides or promotes false, slanderous, illegal, immoral, offensive, or incorrect information at any time.
Policy 2.16: Process for Preparation of Initial Drafts of Ordinances by City Departments
1. Staff may confer with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting.
City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample ordinances. Agenda deadlines should be considered in determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary.
2. Staff confers with City Clerk for codification determination and section number confirmation.
3. Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process.
4. City Manager and City Clerk review draft ordinance.
5. E-mail draft ordinance to City Attorney.
6. City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required.
Management staff who are authorized by the Department Head, may seek input directly from the City Attorney.
7. Staff reviews changes made by City Attorney, if any, and shall discuss with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month.
8. Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement.
9. If needed, schedule the agenda item, and public hearing if required, after City Attorney and City Manager have approved the draft ordinance.
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Policy 2.17: Gift and Honoraria Regulations for City Employees
1. Purpose.
The purpose of this policy is to establish a City of Moorpark procedure that supplements the California Political Reform Act of 1974 (Government Code Section 81000, et seq., as the same may from time to time be amended) and the Regulations of the Fair Political Practices Commission (FPPC) in Title 2, Division 6 of the California Code of Regulations (Section 18110 et seq., as the same may from time to time be amended) pertaining to gift and honoraria prohibitions. This policy also supplements the City Council’s adopted Conflict of Interest resolution.
If there is a conflict between this policy and the State law and Regulations of the FPPC, as the same may from time to time be amended, the provisions of State law in Government Code Section 81000, et seq. and the Regulations of the FPPC in Title 2, Division 6 of the California Code of Regulations are controlling.
2. Definitions
“City” or “City of Moorpark” shall mean and include the City of Moorpark and any other affiliated agency created or activated by the Moorpark City Council, and any departments, boards, and commissions thereof.
“Gift” and “honoraria” shall have the same definition as given in the referenced FPPC Regulations.
3. Gift and Honoraria Prohibition for all Employees
The gift and honoraria policy for all City employees shall be that no employee shall directly accept a gift or honoraria of any dollar amount from a City contractor or vendor whose contract they administer, supervise, or monitor; or from a business entity which provides supplies, equipment or services of the type utilized by the department or division for which the employee is assigned. Additionally, no supervising employee shall directly accept a gift or honoraria of any dollar amount from a City contractor or vendor whose contract is administered, supervised, or monitored by their subordinate employee, or from a business entity which provides supplies, equipment or services of the type utilized by the department or division for which the supervisor is assigned. The intent of this prohibition is to effectively prohibit the acceptance of all gifts and honoraria from all current City contractors and vendors and all past City contractor and vendors that did business with the City within no less than five (5) years from the date the gift or honoraria is offered.
Gifts and honoraria received in violation of this policy shall be refused and/or returned, with the exception of a gift given to the City and not an individual employee, as verified in writing by the sender. The intent of this prohibition is that City employees will not accept any gifts on the basis of their employment with the City, unless the gift is given to the City for overall employee recognition as addressed in the following paragraph. This prohibition is also intended to be more restrictive than the gift allowance specified in the regulations of the FPPC (Title 2, Division 6 of the California Code of Regulations, Section 18110 et seq.).
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4. Gift to City
All gifts given to the City for employee recognition shall be immediately turned over to the City Clerk’s Division to determine the value and comply with the reporting requirements pursuant to the Regulations of the FPPC (Title 2, Division 6 of the California Code of Regulations, Section 18110 et seq.) Employee recognition gifts given to the City shall be shared with all employees to the extent feasible, or distributed through the use of a random drawing. Employees required by State law or by the City’s Conflict of Interest Resolution to annually file a Statement of Economic Interests may have gift reporting obligations from any gift acquired in an employee recognition drawing that has a fair market value of $50.00 or more, in accordance with the Regulations of the FPPC and the employee’s designated disclosure category. The City Clerk shall assist employees with a determination of employee recognition prize disclosure requirements.
City Council Policy 3.7 sets forth the City’s procedures for Distribution, Use, and Reporting of Tickets or Passes, including those distributed to City employees.
5. Non-Profit Fundraiser
All employees are prohibited from individually accepting tickets or passes to attend a fundraiser for a non-profit organization exempt from taxation under Section 501(c) of the Internal Revenue Code (an example would be a golf tournament for which the entry fee is paid for by a City contractor or vendor), unless such ticket or pass is given to the City and not the individual employee and the provisions of Policy 3.7 are followed.
6. Gift Exceptions
All of the gift exceptions listed in the Regulations of the FPPC are applicable, including but not limited to gifts from family members and gifts approximately equal in value exchanged between an employee and another individual on holidays, birthdays, or similar occasions to the extent that the gifts exchanged are not substantially disproportionate in value.
Policy 2.18: Employment of Family Members
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest; promote safety, security, supervision, and morale; and protect privacy rights. For the purposes of this policy, a “relative” shall be defined to include the following: child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, cousin, in-laws, and all family members of those enumerated by marriage or domestic partnership including but not limited to step relatives.
An applicant for a position, with a relative currently employed by the City, may not be denied the right to file an application for employment; however, the City will not appoint, promote or transfer an applicant or employee to a position, even if the applicant or employee is successfully certified as eligible, where such employment:
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A. Would place one relative under the direct or indirect supervision of the other relative.
B. Would place both relatives in the same department, division or facility.
C. Would place both relatives in positions in which they have job duties which require performance of shared duties on the same or related work assignment.
D. Would place one of the relatives in a position with access to information concerning confidential personnel matters, which may compromise such confidential information.
E. Would create a potential for an adverse impact on supervision, safety, security, morale, or efficiency.
F. The applicant for employment is a relative of a then current member of the City Council, City Manager, or City employee designated as Personnel Director or Personnel Officer.
G. The applicant for employment is a relative of a then current member of a City Council appointed commission or board.
The City will not appoint, promote, or transfer a person to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:
A. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner, or in a position to exert influence on the hiring, promotion, transfer, or performance evaluation of another; or B. Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.
If two City employees who work in the same department later become spouses or domestic partners, the City Manager has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the two employees will considered, the City Manager retains sole discretion to determine which employee will be transferred based upon City needs for safety, security, supervision, morale, and protection of privacy rights. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the City Manager finds to be consistent with the City’s interest in the promotion of safety, security, supervision, morale, and protection of privacy rights, then the City Manager Resolution No. 2019-38512022-_____
retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
Policy 2.19: Personal Social Media Use by City of Moorpark (“City”) Employees and Employees of City Contractors
1. Social media are defined as various forms of user-created content tools such as social networks, blogs, video sharing, pod casts, wikis, message boards and online forums – collectively known as “Web 2.0” or interactive use of the Internet.
Technologies include but are not limited to: picture and video sharing, wall postings (an area on a social network page where friends and “fans” can post their thoughts, views, or criticisms), email, instant messaging, etc. Familiar platforms include Facebook, Twitter, Instagram, LinkedIn, Pinterest, NextDoor, Snapchat, Google+, Reddit, Tumblr, Kik, Yik Yak, Flickr, YouTube, Blogger, Yelp and others.
2. Social media makes possible the broad and instant dissemination of information and views on a scale and with an ease that was not previously possible. This policy covers both City employees and City contractors. Contractors must require the compliance of their employees with this policy to the extent those employees may be identified or associated with the City. This Policy is intended to help employees and employees of City contractors address issues in relation to all social media, as it currently exists or may exist in the future.
3. This Policy neither encourages nor discourages a City employee or an employee of a City contractor from utilizing social media for strictly personal purposes on the employee’s personal time. The use of social media for work-related purposes is addressed in the City Manager approved Moorpark Administrative Procedure CM49.
4. By adopting this Policy, it is not the City’s intention to unnecessarily restrict an employee’s ability to have a personal online presence or mandate what they shall or shall not say. Even with personal use, employees need to be aware of how their use of social media may reflect on them and on the City. The City respects the free speech rights of employees, but these rights are not without limit, especially where the speech impairs the City’s interests in avoiding undue disruption and operating efficiently and effectively. For this reason, and due to the fact that the social media activities of a City employee or employee of a City contractor may otherwise negatively impact the City, the following guidelines have been established to assist City employees and employees of City contractors in acting responsibly in connection with personal use of social media. It is important for all City employees and employees of City contractors to know and adhere to this Policy when using social media in reference to the City.
5. Guidelines for Personal Social Media Use:
A. City employees and employees of City contractors are responsible for everything they write and/or post on the internet. At all times, City Resolution No. 2019-38512022-_____
employees and employees of City contractors shall exercise good judgment and caution when posting anything related to the City on the Internet. One approach is to follow the three R’s.
1) Be clear that you are representing yourself and not the City. 2) Be respectful of your co-workers, those you come in contact with at work, and the community.
3) Take responsibility for assuring that any references to the City are correct and accurate, do not breach confidentiality requirements and do not violate policy.
B. The City recognizes that employees and employees of City contractors who participate in social media networks may decide to include information about their work with the City as part of their personal profile. This may include, for example, City name, job title and duties. Having identified themselves with the City, employees and employees of City contractors need to be conscious of how their comments and use of social media may reflect on the City and their work.
C. At no time shall a City employee or employee of a City contractor post private, confidential, or proprietary information about the City or its employees, elected officials, agents, or the public learned in the course of the employee’s work for the City or the City contractor.
D. Social media may not be used in a manner that violates City or departmental policy, such as policies that prohibit sexual and other unlawful harassment, workplace violence or unlawful discrimination. Likewise, bullying or stalking through the use of social media is prohibited where it is contrary to City policy and has a connection to or any impact on the workplace.
E. Post only what you want the world to see. While privacy settings may be available in some social media, sometimes they do not work as the user anticipated and their effectiveness may change with updates to the social media service. Also, it may be possible for those granted private access to either re-post material publicallypublicly or to grant access to others.
Deleting information on a site does not necessarily mean that it is not accessible. Always assume that anything written about an elected official, supervisor or co-worker will be read by them, and potentially others.
F. Employees should be respectful of their co-workers and not post images of co-workers on social media sites without the co-worker’s consent.
G. Employees and employees of City contractors shall not post any non-public images of City premises and property, including floor plans. Taking photos or videos on personal devices, including cell phones, in private areas is prohibited. Private areas may include locker rooms, rest rooms, dressing Resolution No. 2019-38512022-_____
areas or other areas designated by the applicable department. This is not intended to restrict photos or videos taken for internal City or department use or for department sanctioned training purposes. It is also not intended to restrict photos and videos of public areas or secure areas taken for purposes of safety, security or monitoring.
H. City employees and employees of City contractors should be mindful of copyright and fair use issues related to their work and not post material in violation of any federal, state or local law or that which may expose the City or the City employee or employee of a City contractor to legal liability.
I. Employees should be mindful of blurring their personal and professional lives when engaging in social media activities. Personal use of social media is to be restricted to personal sites, registration and memberships. City email addresses or accounts and passwords are not to be used in connection with the personal use of social media. Employees and employees of City contractors may not use the City seal, logo or slogan, uniforms, trademarks, and/or branding imagery on any social media without written permission from the City Manager or his/her designee.
J. If a City employee or employee of a City contractor posts information or comments about the City from a strictly personal viewpoint, which information or comments are not otherwise in violation of this Policy, it is recommended that language be added to make it clear that the views expressed are not reflective of the City’s views as follows: “The opinions expressed on this site are my own and do not necessarily represent the views of the City of Moorpark.”
K. The City’s computer systems, software and equipment are for business purposes only; therefore, personal use by City employees or employees of City contractors for social media purposes is prohibited. Personal use of social media on private owned equipment shall not occur on City paid time and shall not interfere with City employee and City contractor work responsibilities.
L. A City employee who violates this Policy may be subject to disciplinary action up to and including termination of employment, and may be required to correct or remove a social media post that violates this or any other City policy.
M. If an employee of a City contractor violates this Policy, the City may require remedial measures and may initiate suspension or termination of the contractor agreement, subject to the provisions of the agreement.
6. Questions regarding social media issues and this Policy may be directed to an employee’s supervisor, department head, or the Personnel Officer.
Policy 2.20: Social Media Use by Members of City Council and City Commissions Resolution No. 2019-38512022-_____
1. This Policy is intended to help members of the City Council and members of City Commissions and Boards address issues related to their use of social media in connection with their activities as public officials of the City while complying with legal requirements and limitations that arise from their membership on the City Council or on a City Commission or Board.
2. The following terms have the following meanings in this Policy:
“City Commission” or “Commission” means the City of Moorpark Library Board, Planning Commission, Arts Commission, Parks and Recreation Commission. “City Commission” or “Commission” also means any other commission or board that may be created by ordinance or formal resolution of the City Council of the City of Moorpark from time to time.
“Member” means the Mayor, any member of the City Council, and any member of any City Commission.
“Posts” or “postings” means information, articles, pictures, videos or any other form of communication posted on a social media site.
“Social media” means all forms of user-created content tools such as social networks, blogs, video sharing, pod casts, wikis, message boards, sites, platforms, and online forums – collectively known as “Web 2.0” or interactive use of the Internet, whether owned or operated by the City, by other public entities, or by private entities. Technologies include but are not limited to: picture and video sharing, wall postings (an area on a social network page where friends and “fans” can post their thoughts, views, or criticisms), email, instant messaging, etc.
Familiar platforms include Facebook, Twitter, Instagram, LinkedIn, Pinterest, NextDoor, Snapchat, Google+, Reddit, Tumblr, Kik, Yik Yak, Flickr, YouTube, Blogger, Yelp and others, and includes all social media as it currently exists or may exist in the future.
3. By adopting this Policy, it is not the City’s intention to unnecessarily restrict the ability of a Member to have a personal online presence or mandate what they shall or shall not say. At the same time, this Policy is intended to help guide Members to comply with legal restrictions imposed by California laws that regulate the communications of Members of the City Council and City Commissions.
4. A quorum of Members of the City Council or a City Commission shall not discuss or respond to posts on social media sites relating to a topic within the subject matter jurisdiction of the City Council or Commission. To comply with this requirement, Members shall follow these guidelines:
A. Except as provided in paragraph B below, not more than two Members of the same body (City Council or Commission) shall post or respond to a post on the same subject within the jurisdiction of that body. If a Member notices that two other Members of the same body have already posted information about a matter of City business before that body, or posted a response to prior postings on that topic, the Member shall not provide his or her own post on that same Resolution No. 2019-38512022-_____
topic or respond with “like” or similar responses that convey a viewpoint about another post or posts on that same site and on the same topic.
B. Notwithstanding the limitations of Paragraph A, any Member may respond to any post from a person who is not a Member of the same body by merely acknowledging that he or has read it, or by providing basic factual information or a referral to documents if that information has already been provided to the Member at a prior meeting of the body or if the information is publicly available on the City’s website or in City Hall. In addition, any Member may respond to a post by providing a referral to the responsible City staff person or persons who may provide information on the subject or by forwarding or otherwise transmitting the post or the contents thereof to City staff for purposes of suggesting a City response to the post. If a Member is asked why only two Members have responded to posts and other Members have not, any Member may post a response that explains that this Policy precludes additional Members from posting on the same topic.
C. When posting a response on social media, Members should be mindful that other Members may read his or her post. For this same reason, posts on the same topic should not be forwarded by individual Members to more than one other Council or Commission Member.
D. When matters are pending before the City Council or before a Commission, Members of that body shall refrain from sharing viewpoints or facts on social media that have not already been shared at a meeting of that body, and particularly prior to a decision to be made by the City Council or Commission.
5. If a Member uses a personal social media account, or a social media account owned by a third party such as his or her employer, the Member may be asked by City staff to provide copies of the Member’s social media posts that relate to matters of City business. The Member shall only be required to provide copies of the Member’s social media posts to City staff when those posts are sought by a member of the public in a request for public records and only when those posts are within, or potentially within, the scope of the request for public records. When requested by City staff, the Member is required to forward those requested posts to City staff within the time periods specified by City staff. Any questions about the City’s policy and practices for responding to public records requests should be directed to the City Clerk, City Manager or City Attorney.
6. All posts by Members that relate to matters of City business shall, to the extent the Member has the ability to control the retention of their posts, be retained for two (2) years unless otherwise provided in the City’s Records Retention Policy. Copies of the Records Retention Policy may be obtained from the City Clerk.
7. Members should avoid sharing facts, opinions, or viewpoints on quasi-judicial matters that are presented to the body on which the Member serves (City Council or Commission) through social media posts or responses to posts before, during or after the public hearing on the matter. A “quasi-judicial” matter is, for example, an application or request for a variance, CUP, or other type of decision in which the Resolution No. 2019-38512022-_____
City Council or Commission must base its decision on whether the application or pending matter satisfies specific criteria or meets required findings for approval.
8. City-established and managed social media sites shall not be used by Members for campaigning for office, to advocate for or against ballot measures, or for personal purposes.
9. Members shall not use City-sponsored or managed social media sites to conduct activities related to their own businesses.
10. When engaged in personal social media use, Members should adhere to the guidelines and requirements of Policy 2-19, Personal Social Media Use by City of Moorpark (“City”) Employees and Employees of City Contractors.
Policy 2.21: Waste Reduction and Recycled Content Product Procurement Practices
1. The City shall purchase and use reusable, recyclable, and recycled products whenever possible to the extent that such use does not negatively impact health, safety, economic constraints, performance standards or operational efficiency.
2. When approved by the City Manager, a not-to-exceed ten (10) percent price preference may be given to qualified products that are reusable, recyclable, or made from recycled material.
3. Recycled paper shall be used for products that are highly visible to the public, including letterhead, copy paper, and business cards.
4. When recycled products are used, reasonable efforts shall be undertaken to label them to indicate that they contain recycled materials.
5. All City staff shall practice waste reduction procedures, such as duplex copying, avoiding excess packaging, and minimizing use of disposables (toner cartridges, kitchen supplies, etc.).
6. Each City department shall examine purchasing requirements and maximize use of products that are durable, reusable, recyclable, and made from recycled feedstock. Such products could include office supplies, compost, motor oil, paint, tires, and construction materials.
7. Contractors and consultants bidding to provide products or services to the City should demonstrate compliance with the City’s purchasing and waste reduction practices to the greatest extent possible.
8. The City shall incorporate conditions of approval for new residential and commercial construction that will require adequate space for recycling activities.
9. The City shall investigate joint purchasing opportunities with other local governments as a way to maximize economic benefit to all jurisdictions.
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10. Staff from the Finance Department and the Department assigned responsibility for the Solid Waste and Recycling Division shall meet annually to review purchasing practices and shall propose any identified changes to the City Manager for possible adoption and implementation.
SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER’S OFFICE Policy 3.1: City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees
The City Manager may approve a monthly cellular (cell) phone allowance of $45.00 for a Competitive Service employee whose duties, as determined by the City Manager, necessitate access to a cell phone. Employees receiving a cell phone allowance shall be subject to compliance with cell phone standards to be approved by the City Manager.
Such standards shall include, but not be limited to, the cell phone company to be used, the service area, and voice mail and paging capabilities. In addition to the monthly allowance, the City shall reimburse the designated Competitive Service employees up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the established cell phone standards. City Manager approval is required prior to an employee receiving the monthly allowance and the cell phone acquisition reimbursement. Additionally, as a condition of receiving the cell phone allowance, the employee will be required to sign an agreement to provide to the City all City business related cell phone electronic communication records that may be requested by City, in full compliance with the Public Records Act. (Cell Phone reimbursement provisions for Management employees are addressed in the City’s Management Benefits resolution.)
Policy 3.2: Authorization for City Manager to Approve Small Claims Court Filing and Civil Compromise for City Claim against Another Party Having a Value Not to Exceed $510,000.00, and Authorization for City Manager to Allow, Settle and/or Compromise any Claim Filed against the City Having a Value Not to Exceed $50,000.00
It is the City Council’s policy that the City Manager shall have the authority to approve the filing of a small claims court action, with the City as the plaintiff, when money is owed the City. The City Manager shall also have the authority to settle and/or compromise any claim of the City against another party, when the value of the City’s claim does not exceed $510,000.00.
Pursuant to the authority provided in California Government Code 935.4, the City Council authorizes the City Manager by written order to take administrative actions necessary to allow, settle, and/or compromise any claim filed against the City having a value less than $50,000.00, in the quickest most efficient manner possible, including a written order for a warrant to be drawn upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled for an amount not to exceed $50,000.00.
Policy 3.3: Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 Resolution No. 2019-38512022-_____
It is the Council’s policy that the City Manager shall have the authority to approve in writing the reduction and/or exoneration of a surety with a value not exceeding $10,000, when all work guaranteed by the surety has been completed to the satisfaction of the responsible Department Director. The responsible City Department will initiate research on surety reduction and/or exoneration upon receipt of a written request for such action.
The applicable City Department will then request a copy of the surety records on file with the City Clerk’s Division and verify completion of work guaranteed by the surety. The City Manager will consider reduction and/or exoneration of a surety after receipt of a written recommendation from the responsible Department Director, with a copy to the City Clerk.
Upon receipt of the City Manager’s written approval to reduce and/or exonerate a surety, the City Clerk will take the actions necessary to implement the reduction or exoneration, including but not limited to providing written notification to a bonding company or requesting the Finance Director to re-fund a cash surety.
Policy 3.4: Pre-Qualification of Bidders
1. City Program
The City Manager shall cause to be prepared, the City of Moorpark Bidder PreQualification Program (herein “City Program”). The City Program shall set forth guidelines and procedures related to the pre-qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 (AB574) of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre-qualification model documents promulgated by the State Department of Industrial Relations (herein “DIR”). The City Program shall be maintained and updated as needed, by the City Manager or his/her designee.
2. Applicability
All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000.00) (herein “Project”) shall require the pre-qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre-qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows:
A. The City Manager may waive bidder pre-qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and/or the benefits resulting from, such a waiver; and
B. The City Council may waive these requirements for any Project.
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3. Project Specific Program vs. Annual Program
The DIR “model documents” describe two separate programs: a) one for “project specific” bidder pre-qualification; and b) one for an annual bidder pre-qualification process. The City Program shall set forth a project specific bidder prequalifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder prequalifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents.
4. Evaluation Committee
Pre-qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his/her designee.
5. Appeals Panel
The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. Further appeal shall be to the City Council in accordance with Section 2.04.080 of the Municipal Code.
Policy 3.5: First-Time Home Buyer Affordable Housing Program Periodically, the City will make available for sale one or more attached or detached dwelling units to very low, low, or moderate income persons/households as further defined below as part of its First-Time Home Buyer Affordable Housing Program (Program). This policy sets forth the primary criteria for eligibility for participation in said Program and determining priority for participant selection. This policy also sets forth the primary criteria and parameters for retaining the affordable units as affordable for the longest feasible period, but in no event less than forty-five (45) years; equity sharing requirement upon resale; refinancing; the ongoing responsibilities of the buyers; and establishes the requirement that upon resale the affordable dwelling unit is sold to a City approved buyer in the same income category as the original buyer at the time of the initial sale.
Other criteria to determine participant eligibility and to ensure compliance with this policy, including but not limited to purchase agreement documents, shall be established by the City Manager prior to the advertisement of the availability of one or more affordable dwelling units as part of the Program. The City Manager is also authorized to establish requirements for any and all refinancing and resale and for enforcement of the residency provisions of this policy.
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1. Home Buyer Qualification Guidelines
A. Low Income (less than 80 percent of Ventura County median income based on household size); Very Low Income (less than 50 percent of Ventura County median income based on household size); and when applicable Moderate income (less than 120 percent of Ventura County median income based on household size).
B. First- time home buyers (no previous home, mobilehome, or land ownership within seven years of submitting an application).
C. First priority for City of Moorpark residents who have lived in the City of Moorpark for no less than one year prior to Program application deadline (Category 1). City shall require documentation to verify City of Moorpark residency. Said documentation may include, but not be limited to a rental agreement, utility bill, or tax returns. Only one applicant needs to be a City of Moorpark resident during the past year.
D. Second priority to people who have worked within the City of Moorpark for no less than one year prior to Program application deadline (Category 2).
E. Third priority all others (Category 3).
F. Three percent (3%) minimum down payment, based on the affordable sales price. Down payment must be seasoned into an account no less than ninety (90) days prior to application date.
G. Applicants shall also have an additional three percent (3%) of the affordable sales prices to be used to pay closing costs and fund the impound account.
This requirement can be satisfied by a gift letter, retirement funds (50% of the market value), and/or seasoned funds in the applicants bank account (a combination of these items may also be used).
H. Non-occupant co-borrowers are not allowed and no more than two related or unrelated people can take title of an affordable unit.
I. Applicants shall sign an acknowledgement stating that they have read and understand City Council Policy 3.5 as part of the application submittal.
2. Selection Process
A. Advertisement of program and orientation meetings on City website, City government channel, and distribution of a press release and other means as determined by the City Manager.
B. Mandatory attendance of all interested buyers at an orientation meeting.
Reservations shall be made via email. A copy (hard copy or displayed on a mobile device) of the confirmed reservation and a picture identification are needed to participate in the orientation meeting.
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C. Pre-screening applications are offered at the end of the orientation meetings. A one hundred ($100.00) non-refundable application fee is due at the time the application is submitted to the City for consideration.
D. City-approved lenders shall be used to finance the purchase of the affordable unit(s).
E. City-approved Home Buyer Education required prior to purchase, and Cityapproved post-purchase home owner workshops (foreclosure intervention, predatory lending, etc.) required after close of escrow. City will retain five hundred dollars ($500.00) at the close of escrow from the buyer. City will release the five hundred dollars ($500.00) to the buyer if the post-purchase home owner workshop has been completed within one year of the close of escrow.
F. A public lottery drawing shall be conducted for residential developments with affordable units. Applicants may participate in the lottery process for more than one development or request the first available unit. Applicant shall take the first available unit, including a resale unit. Each lottery will consist of three “mini-lotteries” for the three priority categories listed in Section 1 of this policy. Categories will be exhausted before moving to the next category (Category 1 first, followed by Category 2, followed by Category 3).
G. The income category for an applicant shall be determined when the application is reviewed, prior to the lottery. If an applicant’s personal, financial or other circumstances change and it is later determined they are no longer eligible in that income category, then they shall no longer be eligible for any units that might be available during the applicable lottery drawing period.
H. The household size for an applicant shall be determined when the application is received, prior to the lottery. The applicant shall provide names, relationship to applicant and other requested information of each household member as part of the application. Except for birth or adoption of a minor child, no changes to household size or members shall be allowed prior to close of escrow.
I. Except for minor children subject to a court order for joint custody, any discrepancies of the dependents listed on the applicant’s federal taxes and the household occupants listed on the application shall be cause for the application to be denied and applicants to be disqualified from further participation in the Program. The applicant shall be informed in writing of such disqualification.
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3. First-Time Home Buyer Affordable Housing Program Participant Exclusion List A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members.
B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, and Citizens Transportation Advisory Committee, and Teen Council.
C. All City employees in non-competitive service (management positions).
D. Financial institutions participating as lenders for the Home Buyer Program.
E. Developers and Developer’s General Contractor(s) for specific projects they developed or constructed that contain 1 or more affordable units.
F. Developer’s subcontractors, subsidiaries, partnerships, and affiliates, including but not limited to title, escrow, and lending companies.
G. City contractors involved with City/Successor Housing Agency First-Time Home Buyer Affordable Housing Program and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include title and escrow companies, contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors.
H. Family members of A – G above are excluded for all of the above-listed participant exclusions. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, step-brother, step-son, step-daughter, step-grandchild, step-mother-in-law, step-father-in-law, step-brother-in-law, and step-sister-in-law.
4. Housing Pricing, Selection of Units, HOA Reimbursement, and Refinancing A. Units will be priced based on Affordable Housing Cost for the family size appropriate to the unit (Section 50052.5, b-c and h), regardless of size of actual household:
• 3 bedroom unit priced for a household of 4
• 4 bedroom unit priced for a household of 5
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B. Resale price for affordable units will be based on Affordable Housing Cost at time of resale. Affordable Sales Price is not based on market price at initial sale, or at resale. (City will provide this information to homeowners in this Program on an ongoing basis.) A resale of the affordable unit shall be required when two unrelated people are on title and one would like to sell their interest within three (3) years after the close of escrow. If one of the owners on title would like to remain in the affordable unit and they have occupied the affordable unit for three (3) or more years, the remaining owner would need to be re-qualified at the income category (moderate, low, or very low) the unit is designated without adding another coborrower/buyer. If the remaining owner no longer qualifies, the unit will need to be sold to another qualified, City approved buyer. In the event of a divorce, one of the owners may retain the affordable unit without requalifying at the designated income category upon providing court approved documentation identifying disposition of the affordable unit. In this situation, the City will allow a refinance so that the departing owner may receive their share of the equity if the owners are in compliance with all conditions and requirements of this policy to the sole satisfaction of the City. The amount of the refinance shall not exceed the current affordable sale price minus twenty thousand ($20,000.00) dollars (a cash out refinance is only allowed in a divorce situation).
C. Applicants will be assigned a unit in their income category based on household size, following conditional loan approval. Household size will be determined at the time of receipt of application. At its discretion, the City may assign a unit with more bedrooms than the applicant would otherwise be eligible for, if it is the last unit that is available during the applicable period of the Priority List.
D. Home Owner’s Association (HOA) dues reimbursement. Program participants shall be eligible for reimbursement of monthly HOA dues for the amount over one hundred ($100.00) or two hundred ($200.00) per month, depending on the project Development Agreement language, for the maintenance of common areas in the following manner:
1) Program participants of homes purchased prior to July 1, 2015 were eligible for HOA dues reimbursement through June 30, 2016, and are no longer eligible.
2) Program participants of homes purchased after July 1, 2015 shall be eligible for HOA dues reimbursement for a period not to exceed thirty-six (36) months from the date of purchase (close of escrow). 3) Reimbursements shall be made on a quarterly basis (3 months at a time) and proof of dues payment must be submitted for
reimbursement within six (6) months of the month within which it was due (e.g. January dues must be requested by June 30th). The following items are required for reimbursement: Copy of cancelled Resolution No. 2019-38512022-_____
check (front and back) with name and the address of the property, or bank statement showing owner name and the debit from the account, and a copy of invoice(s) from the HOA showing the dues payment and no past due balances. No reimbursement will be made for penalties or late fees.
4) HOA reimbursements shall terminate if reimbursement requests have not been submitted during a twelve (12) month period.
E. Refinances and Additional Deeds of Trust. The written consent of the City Manager shall be required prior to any refinancing of any loan secured by a deed of trust on the affordable unit. The City shall allow refinancing of the first deed of trust under certain circumstances, but will not allow any junior deeds to the City’s loan. All refinances will be subject to the current rules and regulations at the time of the refinance. The City shall not have the right to exercise its option to purchase the affordable unit in such event, but any refinances (as defined below) shall be consistent with the following provisions and other requirements established by the City Manager:
1) The City will not unreasonably withhold approval of a refinancing if it meets the following criteria:
a) If the refinancing occurs not sooner than three (3) years after the initial closing;
b) If the Owner is not receiving a cash payment or payment of consumer debt from the equity in the affordable unit; and c) If the Owner has maintained a good credit history and satisfactory performance under the City’s First- Time Home Buyers program, in the judgment of the City Manager or his or her designee.
F. Equity Share. In the event of a re-sale of the affordable unit, where as a result of an increase in the Ventura County Median Income and there is a net amount of sale proceeds remaining after the payment of the first mortgage, credit for principal reductions of the first mortgage, and Seller’s original down payment, such net proceeds shall be distributed as follows:
1) Seller will receive the first $20,000.
2) The remaining equity shall be split one-third to seller and two-thirds to the City provided that the City’s share of appreciation will not as a percentage exceed the principal amount of the second loan amount divided by the appraised market value of the property at time of initial origination. Any appreciation that exceeds the above described percentage will go back to the buyer.
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5. Primary Residence and Rental Prohibition
All buyers shall occupy the affordable unit as their primary residence at all times.
No portion of the affordable unit shall be rented or leased for any period of time.
This includes but is not limited to written or verbal agreements for renting or leasing a room or accepting other forms of payment to allow one or more persons other than those listed on the application to reside at the unit.
6. Title to Real Property
Applicants shall take title of the affordable unit as joint tendency. Any change to title not preapproved by City Manager in writing will result in a sale of the affordable unit.
7. City Staff Authority
A. The City Manager is authorized to interpret this policy as needed and to execute all affordable housing project deferred loan agreements and repayment documents for all affordable housing projects for which the City will own an equity share. The City clerk is authorized to accept interest in real estate secured by any Deed of Trust associated with this program.
B. The City Manager is authorized to exclude First Time Home Buyer Program participants from applying in future rounds of the program if they are found to have omitted or supplied false or misleading information on any application to participate in the program.
C. Upon owner misrepresentation or the default or breach of any covenant or agreement in the Promissory Note, the Resale and Refinance Restriction Agreement and Option to Purchase Property or the City Second Mortgage Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by the Deed of Trust, the City, at its option, may pursue the following remedial steps and actions, in addition to any other remedies provided by the above-mentioned documents or at law. The City will send notice to the borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is effective, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice shall, at the option of the City, result in acceleration of the outstanding sums under the Promissory Note (i.e., the entire sum owing on the Promissory Note becoming immediately due and payable.) If after those procedures such sums are not paid, then the City may, at its option commence the process for non-judicial foreclosure of the property. The notice and opportunity to cure shall not apply to defaults that are not curable, the failure to pay the sums due upon acceleration, or to a transfer that violates restrictions on transfers (such as a sale to a person or persons who is not a purchaser preapproved by the City.)
Policy 3.6: Appointment of Personnel Officer
Resolution No. 2019-38512022-_____
The City Manager may by letter designate a qualified city employee to exercise any of the powers and perform any of the duties conferred upon him/her as Personnel Director to the Personnel Officer for administering the City’s Personnel System pursuant to Chapter
2.56 of the Moorpark Municipal Code and Sections 1.37 and 2.1 of the City Council Resolution adopting Personnel Rules for Competitive Service Employees. The letter of appointment shall be filed in the appointee’s personnel file with a copy to the City Council and City Clerk.
Policy 3.7: Distribution, Use, and Reporting of Tickets or Passes Given to City
1. Purpose.
The purpose of this policy is to establish a City of Moorpark procedure for the City’s distribution, use, and reporting of tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose in compliance with Section 18944.1 of the Regulations of the Fair Political Practices Commission (“FPPC”) in Title 2, Division 6, California Code of Regulations. Section 18944.1 sets forth the circumstances under which a public agency’s distribution of tickets or passes, for which no consideration of equal or greater value is provided by the public official or employee, does not result in a gift to the public official or employee. Tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose, distributed and accounted for in compliance with this policy and FPPC Regulation 18944.1, will not be considered as gifts to the City officials and employees who make use of such tickets or passes.
2. Definitions.
Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code section 81000, et seq., as the same may from time to time be amended) and the Regulations of the FPPC in Title 2, Division 6 of the California Code of Regulations (Sections 18110 et seq., as the same may from time to time be amended).
A. “City” or “City of Moorpark” shall mean and include the City of Moorpark and any other affiliated agency created or activated by the Moorpark City Council, and any departments, boards, and commissions thereof.
B. “City Official” means every member, officer, employee or consultant of the City of Moorpark, as defined in Government Code Section 82048 and FPPC Regulation 18701. Such term shall include, without limitation, any City Council member, City commission member, or other appointed official, employee, or consultant required to file an annual Statement of Economic Interests (FPPC Form 700) with the City.
C. “City Venue” means and includes any facility owned, controlled, or operated by the City of Moorpark.
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D. “Event” means admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose.
E. “Immediate family” means the spouse and dependent children.
F. “Ticket” shall mean any ticket or pass which provides any form of admission privilege to an Event.
3. Application of Policy.
A. This policy applies to Tickets provided to a City Official by the City, which provide admission to an Event, which Tickets are:
1) Gratuitously provided to the City by an outside source; 2) Acquired by the City by to purchase at fair market value; 3) Acquired by the City as consideration pursuant to the terms of a contract for the use of a City Venue;
4) Acquired by the City because the City controls the Event; or 5) Acquired and distributed by the City in any other manner.
B. This policy does not apply to any Ticket provided to a City Official by a source other than the City for admission to an event at which the City Official performs a ceremonial role or function on behalf of the agency; or which Ticket is earmarked by the original source for use by the City Official who uses the Ticket.
C. This policy does not apply to any other item of value or benefits provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided. (For example food, beverages, or other items provided to a City Official at an Event are subject to the disclosure and reporting requirements applicable to gifts.)
D. This policy shall supersede any other inconsistent City written policy applicable to distribution, use, and/or reporting of Tickets.
4. General Provisions.
A. Purpose: The purpose of this policy is to ensure that all Tickets provided to the City shall be distributed in furtherance of public purposes.
B. No Right to Tickets: The use of complimentary Tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.
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C. Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to this policy shall not be transferred to any other person, except to members of such City Official’s immediate family solely for their personal use.
D. Prohibition against Sale or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such Ticket, and shall not give such Ticket to anyone other than a member of such City Official’s immediate family for their personal use.
5. Ticket Administrator.
A. The City Manager or his/her designee(s) shall be the Ticket Administrator for purposes of implementing the provisions of this policy.
B. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this policy. All requests for Tickets that fall within the scope of this policy shall be made in accordance with the procedures established by the Ticket Administrator.
C. The Ticket Administrator shall determine the face value of Tickets distributed by the City for purposes of Sections 6.A, 6.B, and 8.A. (subparagraph 4), of this policy.
D. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this policy.
6. Conditions under which Tickets May be Distributed.
Subject to the provisions this policy, complimentary Tickets may be distributed to City Officials under any of the following conditions:
A. The City Official reimburses the City for the face value of the Ticket(s). 1) Reimbursement shall be made at the time the Ticket(s) is/are distributed to the City Official.
2) The Ticket Administrator shall, in his or her sole discretion, determine which Event Tickets, if any shall be available under this section.
B. The City Official treats the Ticket(s) as income consistent with applicable federal and state income tax laws.
C. The City distributes such Ticket(s) to or at the behest of, an official in order to accomplish a public purpose. The following is a list of public purposes the City may accomplish through the distribution of Tickets:
1) Performance of a ceremonial role or function representing the City at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family.
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2) The job duties of the City Official require his or her attendance at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family. 3) Economic or business development purposes on behalf of the City. 4) Intergovernmental relations purposes, including but not limited to attendance at an Event with elected or appointed public officials from other jurisdictions, and/or their staff members.
5) Attracting or rewarding volunteer public service.
6) Supporting and/or showing appreciation for programs or services rendered by non-profit organizations benefiting Moorpark residents. 7) Encouraging or rewarding significant academic, athletic, or public service achievements by Moorpark students, residents, or businesses.
8) In support of the City’s employee recognition program for the purpose of attracting and retaining highly qualified employees in City service, as special recognition or reward for meritorious service by a City employee, and/or in connection with a City employee competition or drawing, for which such employee may receive no more than four (4) Tickets per Event.
7. Tickets Distributed at the Behest of a City Official.
A. Only the following City Officials shall have authority to behest Tickets: City Council Members, the City Manager, and Department Directors.
B. Tickets shall be distributed at the behest of the City Official only for one or more public purposes set forth in Section 6.C, above.
8. Disclosure Requirements.
A. Tickets distributed by the City to any City Official either for which the City Official treats as income pursuant to Section 6.B, above, or for one or more public purposes described in Section 6.C, above, shall be recorded on a form provided by the FPPC, maintained as a public record, and forwarded to the FPPC for posting on its website within thirty (30) days after distribution. Such posting shall include the following information:
1) The name of the recipient, except that if the recipient is an organization, the City may post the name, address, description of the organization and number of Tickets provided to the organization in lieu of posting the names of each recipient;
2) A description of the Event;
3) The date of the Event;
4) The face value of the Ticket;
5) The number of Tickets provided to each person;
6) If the Ticket was distributed at the behest of a City Official and the name of the City Official who made the behest; and
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7) A description of the public purpose(s) under which the distribution was made, or alternatively, that the City Official is treating the ticket as income.
B. Tickets distributed by the City for which the City receives reimbursement from the City Official as provided under Section 6.A, above, shall not be subject to the income reporting provisions of Section 6.B. and the FPPC website disclosure provisions of Section 8.A.
C. Following adoption, this policy shall be posted on the City’s website in a prominent fashion.
Policy 3.8: Right-of-Way Acquisition Process
1. For capital projects approved by the City Council, the City Manager shall have authority to:
A. Execute documents and otherwise administer the right-of-way acquisition process required to complete the acquisition of street rights-of-way, including all related easements; and
B. Authorize payment of amounts for acquisition, consistent with the values set forth in a City Manager approved Appraisal Report and City Council approved budget appropriations.
2. Should it become necessary to initiate eminent domain proceedings for any such right-of-way acquisition, the matter shall be brought to the City Council for authorization to initiate such proceedings.
Policy 3.9: Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements The City Manager shall have the authority to require and approve an employment agreement for a new management employee and prior to promotion or reclassification of a current management employee, consistent with the authority granted in Chapter 2.12, City Manager, and Chapter 2.56, Personnel System, of the Moorpark Municipal Code, and consistent with the provisions of State law, including but not limited to California Government Code Section 3511.2 and Section 53243 et seq. and any section amendatory or supplementary thereto. For a promotion of an employee with an existing employment agreement, the City Manager shall have the authority to approve retaining prior employment agreement language for continuing grandfathered benefits that do not conflict with the City’s Management Benefits Resolution and State law.
The City Manager shall have the authority to approve a retirement incentive agreement or a separation settlement agreement for an employee that may include a mutual general release for a total value not to exceed $10,000. A retirement incentive or separation settlement agreement for a higher amount shall require City Council approval. This policy does not apply to a claim settlement, which is addressed in Policy 3.2.
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Policy 3.10: Safe Harbors Adoption and the Affordable Care Act (ACA) The purpose and intent of this policy is to address the Patient Protection and Affordable Care Act (“ACA”) which was enacted on March 23, 2010. The City has shared responsibility as an employer under the ACA and is required to report on health insurance coverage per the guidelines of the ACA and the Internal Revenue Code. The City of Moorpark is considered a large employer under the ACA and Section 4980H of the ACA imposes an assessable payment on an applicable large employer when in violation of the ACA. The City intends to use the affordability safe harbors as contemplated in the final regulations and to use good faith efforts to comply with legal requirements under the ACA even though such final regulations have not yet been fully developed.
1. The City hereby establishes the Look Back Measurement Method Safe Harbor with regard to all employees for the purpose of identifying full-time employees for IRS reporting purposes relating to the Assessable Payment.
2. The City does not establish the Look Back Measurement Method Safe Harbor for the purpose of determining eligibility for an offer of medical coverage as to any employee. All represented employees’ eligibility for an offer of medical coverage shall be governed by the terms of any applicable memorandum of understanding.
3. For each reasonable category of employees, the City in its sole discretion, but on a uniform and consistent basis for all of the employees in a reasonable category, will apply one of the three affordability safe-harbors (i.e. Form W-2 Safe Harbor, Rate of Pay Safe Harbor, or Federal Poverty Line Safe Harbor) to determine the affordability of the minimum value coverage that it may, if applicable, offer to its full-time employees.
4. The City Council hereby delegates the following Safe Harbors Adoption and the Affordable Care Act (ACA) authority to the City Manager, including his/her designee(s) to approve operational procedures:
A. Creation of an ACA administrative procedure that establishes measurement, administrative, and stability periods; governs the measurement and tracking of employees’ hours of service; and/or otherwise establishes procedures in accordance with Section 4980H to comply with the Look Back Measurement Method Safe Harbor.
B. Establishment of the administrative procedure to comply with any of the three affordability safe harbors in accordance with and as permitted by Section 4980H.
C. Ability to modify the administrative procedure to ensure the City’s compliance with Sections 4980H and 6056 of the Internal Revenue Code.
D. Authority to approve additional City contributions towards health insurance as is required to keep the employee payment affordable under the ACA.
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Policy 3.11: Payment Arrangement Policy
1. The City Manager is responsible for implementing this policy.
2. Purpose.
The Moorpark Municipal Code designates circumstances where the City Manager is authorized to waive costs and expenses relevant to administrative citations and public nuisance cases. It is the intent of this policy to extend the City Manager’s authority to make payment arrangements.
3. Policy Regarding Payment Plan.
The City Manager is hereby granted authority to establish a payment plan or arrangement with a person or entity requesting a payment arrangement in order to pay administrative citation fines and the costs and expenses associated with public nuisance cases, and enter into a payment agreement with that person or entity.
The maximum term of the payment arrangement shall not exceed 12 months. The Finance Department is responsible for tracking the payments required by the payment agreement until the amount is paid in full. The City Manager’s authority to enter into a payment agreement is not subject to the City Manager’s contracting authority limits as set forth in Section 2.12.120.
4. Persons Ineligible for Payment Arrangements.
A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members.
B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, Citizens Transportation Advisory Committee, and Teen Council.
C. All City employees in Non-Competitive Service (management positions).
D. Any and all City contractors and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors.
E. Family members of A. – D. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall Resolution No. 2019-38512022-_____
be defined to include non-blood relatives as a result of a subsequent marriage or domestic partnership, commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, stepbrother, step-son, step-daughter, step-grandchild, step-mother-in-law, stepfather-in-law, step-brother-in-law, and step-sister-in-law.
SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT
DEPARTMENT
Policy 4.1: Temporary Use Permit Fee Waivers
1. Once each calendar year, a City of Moorpark organization having non-profit status may apply for and be granted a temporary use permit fee waiver for one event.
2. The Community Development Director shall waive a Temporary Use Permit Fee pursuant to this policy after an eligible organization has submitted: a) a completed temporary use permit application; b) a request for fee waiver; and c) proof of nonprofit status.
3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales.
4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration.
Policy 4.2: Refunds for Business Registration
The City will not issue refunds for business registration permits.
Policy 4.3: Code Compliance Program
1. Program Objective:
The objective of this Code Compliance Program is to create a clear, concise guide to achieve compliance with the Moorpark Municipal Code. This Program is designed to promote code compliance through public awareness.
2. Program Purpose:
The Moorpark Municipal Code sets minimum property maintenance standards for health, safety, welfare, aesthetics and compliance with development standards and conditions of entitlement approvals. Code Compliance staff will be assigned a structured schedule for visits to the City’s industrial, commercial and residential neighborhoods to insure compliance with the Municipal Code in such areas as:
• Unkempt yards and overgrown vegetation
• Junk, litter, and debris/illegal dumping
• Storage of inoperable vehicles
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• Unpermitted outdoor storage
• Abandoned or unsafe buildings
• General property maintenance issues (broken windows, deteriorated roofs, hazardous properties, broken plaster, peeling paint)
• Excessive noise
• Illegal signs and banners
• Keeping of animals/farm animals in excess of allowed numbers • Garage conversions and other unpermitted occupancies
• Structures constructed without a City permit
• Grading without a City permit
• Adherence to entitlement permit conditions, if applicable In addition to a regular schedule, occasional weekend and evening work may be needed to address unique code compliance concerns that are not visible or are not occurring during regular hours of work. The Community Development Director (Director) is responsible for the Code Compliance Program. The Director may designate other staff for supervision and implementation of the Program.
3. The Work Program:
This work program is divided into four major categories:
• Administration
• Public Awareness
• Prosecution
• Safety
A. Administration.
The Director is responsible for and administers the Code Compliance Program. In that regard, Code Compliance staff, including any assigned supervisor, is the direct line staff responsible for the implementation of the Code Compliance Program. Standard forms, letters and documents are used to assure consistency in administration. These forms, letters and documents, as approved by the Director, are based upon four types, 1) Investigation Report, 2) Compliance Request Letters, 3) Administrative Citations and 4) City Attorney Letter. The Director may issue additional procedures and guidelines to implement and clarify as determined necessary.
1) Investigation Report: The Investigation Report (as approved by the Director) is used to document the report of a code compliance request and to document ongoing staff actions. A request may be made by telephone; electronic mail; traditional mail; in person or through a field contact; or by city staff, Council or an appointed Committee or Commission member. The identity of the reporting party is considered by the City to be confidential information; however, if the investigation leads to the filing of a court case, it may be determined by the City Attorney to be discoverable. Upon receipt of a code compliance request, an Investigation Report is prepared.
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The purpose of the Investigation Report is to document a potential violation. Once the request has been made it is logged in and staff schedules a field visit to ascertain if a violation exists. If the staff determines that a violation does not exist, the complainant may be informed by telephone, email, or by traditional mail. If a code violation is determined, a Code Compliance Case Number will be assigned, a file created, and a Notice of Violation sent to the property owner or responsible party. Contact with the property owner or tenant may be made at the time of the field investigation if the Director or his/her designee has determined it to be necessary and appropriate. The reporting party may only be informed that a case has or has not been opened, but may not be given any other information with respect to details on the violation(s) or remedy, unless the reporting party is a City employee, contract employee of the City, Police Department employee, Fire Department employee, or other public employee and the report was made in the employee’s official capacity as a public servant. All information will be entered into the Code Compliance Log utilizing City approved software. 2) Compliance Request Letters: There are a series of form letters, (as approved by the Director) which are used to inform property owners regarding Municipal Code violation(s) and the progressive course of action to obtain voluntary compliance. The Notice of Violation is initially sent to indicate that a violation has been verified by the City and voluntary compliance is requested by a specific date, generally within a thirty (30) calendar day time period, depending upon the extent of the violation. A second Notice of Violation may be sent, depending on the circumstances and the extent of the violations. If compliance is achieved within the given period, or within an alternative time period mutually agreed to after the first contact, a Notice of Compliance is sent and the case is closed. If voluntary compliance is not achieved, a Notice of Office Hearing is sent setting a date for an Office Hearing, and reminding the responsible party that voluntary compliance is desired. The Office Hearing purpose is to work out a plan of action directly with the property owner in order to obtain compliance and to recover City costs, where possible. A Follow-up letter is sent after the Office Hearing, documenting the agreed to plan of action. If compliance is still not obtained, an Administrative Citation is issued, or permission to recommend filing of legal action is requested from the City Council (See “Prosecution” below). If City Council authorizes legal action, Notice of Pending Court Action is sent to the property owner, certified mail, return receipt requested.
3) Administrative Citations: The Administrative Citation process can effectively be used in cases of repeat offenders, egregious violations, or non-static violations, such as vendors and peddlers. When authorized by the Director, Code Compliance staff may issue an Administrative Citation. If the violator fails to comply with the Code Resolution No. 2019-38512022-_____
within a reasonable period of time after the initial Administrative Citation, additional Administrative Citations could be issued until compliance is achieved.
4) City Attorney Letter: A letter prepared by the City Attorney signals to the violator the final opportunity for compliance prior to prosecution.
This letter advises that the case has been turned over to the City Attorney, and includes a final compliance date has been set, a warning that legal remedies will thereafter be sought, and a warning that a Notice of Violation will be recorded against the property to give prospective future buyers constructive notice that a violation exists on the property at the time of sale.
B. Public Awareness.
Violations of the Municipal Code occur due to at least two factors, i.e. the laws are not clear or are not generally known. Pamphlets to inform the public have been prepared, in English and Spanish, on specific topics including, but not limited to garage conversions, property maintenance, grading, signs, and temporary events. These pamphlets are available at City Hall public counter, on the website, and through personal distribution.
The City newsletter may be used to advertise the availability of these pamphlets and periodically publish articles on code compliance issues. The City cable channel may also be used to provide information regarding code compliance.
C. Prosecution.
When all administrative and awareness remedies have been exhausted without achieving compliance; the case will be submitted to the Director, who will confer with the City Manager and City Attorney to evaluate the merits of a case prior to presenting it to the City Council. If the City Council concurs with the findings of the Director that the case should be pursued, the City Council will make a determination as to whether to recommend that the City Attorney seek a civil remedy (injunction, nuisance abatement, etc.) or to submit the case to the City Attorney for possible criminal prosecution.
Once a case is turned over to the City Attorney’s office for prosecution, the City Attorney’s office will be responsible for managing the case, with support from the Code Compliance staff as requested by the City Attorney’s office.
The City Attorney will review the case to determine whether sufficient probable cause exists prior to filing any criminal action and may also be authorized by the City Council or City Manager to seek a Civil Compromise in lieu of a prosecution. The Civil Compromise is a binding agreement between the City and the violator, where the violator agrees to remedy the violation within a certain period of time and reimburse the City for staff costs, attorney costs and other administrative costs. After City Council’s election to recommend a case for prosecution, Code Compliance staff will prepare a draft complaint for the supervisor, Director, and City Attorney to Resolution No. 2019-38512022-_____
review, revise and file with the Superior Court. Upon acceptance by the Superior Court, an arraignment is scheduled. Prior to arraignment, the City Attorney and the party responsible for the violations may hold a meeting to discuss the case. Staff from the City Attorney’s office shall coordinate with the Director or his/her designee to determine if any Code Compliance staff need to be present at this meeting. At the arraignment, the responsible party may request a continuance to work out a plan of action with the City, plead guilty and agree to a plan of action, or plead not guilty. In those circumstances when a not guilty plea is entered, the case is held over for trial.
D. Safety.
The Code Compliance staff, including any assigned supervisor, are responsible for minimizing risk of personal harm by avoiding entering potentially dangerous buildings or potentially dangerous situations in the field, including but not limited to a building which appears structurally unstable or has visible unstable building elements; buildings with strong odors, including but not limited to a potential natural gas leak or gasoline spill, or the odor of a deceased animal or person; and properties with known residents with a criminal history or gang affiliation, which may represent risk of harm to a City employee without Police escort. If a building or situation has a reasonable probability of being dangerous, the Code Compliance staff shall not proceed with an inspection until the Director or his/her designated code compliance supervisor has arranged for escort by Police, Fire, or Building and Safety staff as appropriate. The Code Compliance staff shall not enter a building that appears structurally unsafe, and shall use appropriate protective equipment in buildings that appear structurally safe but have conditions that warrant the use of protective equipment, such as apparent lack of sanitary conditions, which may include solid waste accumulation. City-provided protective equipment such as a hard hat, work gloves, and a face mask shall be used as appropriate in such situations.
Code Compliance staff shall not carry any legal or illegal weapons, such as a gun, knife, pepper spray, mace, club, etc., or carry tools that may appear as weapons. The appropriate response to a situation that is perceived to be potentially dangerous, or becomes dangerous, is to exit that situation and call 911.
4. Community Outreach Programs:
To increase public awareness, decrease code compliance calls, and increase efficiencies in code compliance the following programs will be periodically implemented.
A. Solid Waste Refuse Bill Inserts and/or City Newsletter Articles: This program would periodically insert public information regarding code compliance, such as awareness of the dates each year that unlimited dumping is permitted at the landfill and the number of times per year that Resolution No. 2019-38512022-_____
scheduled free pick up of large items may be arranged. Greater awareness of this kind of refuse program may decrease the amount of illegal dumping and property maintenance issues.
B. Managed Enforcement/Neighborhood Development (MEND): MEND would be implemented to maintain the quality of our neighborhoods. Experience has shown that over time, if left unchecked, small problems develop into major problems that can result in neighborhood decline. The MEND Program is designed to identify problems and intervene early for compliance. MEND would provide proactive awareness and compliance within residential and commercial neighborhoods taking a coordinated multiagency approach focusing first on existing nuisance properties, one neighborhood at a time. Representatives from Code Compliance, Police, Fire, Building and Safety, Community Services and Public Works would participate in the Program. Staff would develop an inspection schedule for each residential, commercial and industrial neighborhood, eventually covering the entire City.
C. Community Outreach: Community outreach would be a program to meet with community groups at least annually to discuss the code compliance process, and identify the most common types of violations and what permits are required for various activities. The Code Compliance staff, supervisor, and/or the Director would offer to meet with homeowner association boards, the Chamber of Commerce Board, merchant groups, service clubs and the like as needed to educate its members on the City’s Code Compliance Program, how it works, and why it is beneficial to the City. Copies of business cards and other material such as Code excerpts and pamphlets would be made available.
Policy 4.4: Street Naming
The Community Development Director, in consultation with the City Manager and in conjunction with the Ventura County Fire Department shall determine street names for recommendation to the City Council. All street names shall be approved by the City Council prior to approval of a final subdivision map. The following criteria shall be used:
North/South streets shall be designated as avenues or roads; East/West streets as streets or drives; and cul-de-sacs as circles, courts or places.
Policy 4.5: Enforcement of Section 8.14.140 (Prohibition Against Maintaining Graffiti on Private Property) of the Moorpark Municipal Code on Properties Maintained for Single-Household and Two-Household (Duplex) Residential Use
In recognition that graffiti removal can be an excessive burden on residential property owners, additional steps in code compliance will be taken to assist these property owners in removing the graffiti as follows:
1. A standard code compliance letter will be sent to the owner of property maintained for single-household or two-household (duplex) residential use indicating the Resolution No. 2019-38512022-_____
timeframe by which the graffiti must be removed consistent with Section 8.14.140 of the Moorpark Municipal Code:
For graffiti that can only be seen from a public alley or from public or private property not accessible by the general public, twenty-one (21) days from the date the notice is mailed, shall be given to abate the graffiti. In all other cases, five (5) days from the date the notice is mailed shall be given to abate the graffiti;
2. If the property owner has not abated the graffiti within the timeframe stated in the letter, code compliance staff will attempt to contact the property owner in person or by telephone to discuss the matter and arrange for a date by which the property will be brought into compliance. If personal contact is unsuccessful, a standard second code compliance letter will be sent to the property owner. Once contact has been made or a letter has been sent, City staff will allow seven (7) days for the graffiti to be abated before taking further action consistent with Policy 4.3; and
3. Community Development staff will assemble and maintain a list of volunteer organizations and individuals who are willing to abate graffiti on private property.
The list will include a disclaimer prepared to the satisfaction of the City Manager and City Attorney that the City will assume no responsibility for any work performed by the listed volunteers and any agreement between the property owner and the volunteers is a private matter. The list will be provided to the property owners if, in their contact with City staff, there is an indication that assistance is needed in abating the graffiti.
Policy 4.6: Designation of Community Events per Health and Safety Code Section 113755
1. The Community Development Director, or designee, is hereby authorized to designate a specific event as a Community Event, within the meaning of Section 113755 of the California Health and Safety Code for purposes of compliance with Environmental Health regulations pertaining to Temporary Food Facilities.
2. In order to qualify as a Community Event, the event must be open to the general public, and shall have a civic, political, public, or educational nature, as determined by the Community Development Director, or designee. For the purposes of this policy, “public” nature shall include, but not be limited to purposes such as providing entertainment to the public, social interaction, and attracting business to the City.
3. The designation of an event as a “Community Event” is separate and independent from the City’s Special Event Permit application process, which may also be required for the event and shall be considered on its own merits. Receiving a “Community Event” designation does not obligate the City to approve a Special Event Permit application for the same event.
4. A “Community Event” designation shall be valid only for the location, time period, and operational parameters specified in the Community Development Director’s Resolution No. 2019-38512022-_____
designation, which may include designation of a recurring annual event for multiple years, at the Director’s or designee’s discretion.
5. The Community Development Director may revoke a Community Event or Community Event Venue designation upon a finding that the specific event or location does not comply with the policies herein or administrative regulations promulgated by the Director under the authority granted herein.
6. The City’s designation of an event as a “Community Event” does not replace or supersede the County of Ventura, Environmental Health Division’s separate and independent authority over Temporary Food Facility Permit applications.
7. The Community Development Director is authorized to establish appropriate administrative procedures to consider and decide requests for designation of a Community Event.
SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT
Policy 5.1: Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement
On various occasions it will be necessary for City officials, elected and appointed, and staff to attend meetings, seminars, training, and/or conferences on City business, and join professional associations related to the business of the City. Such occasions fall basically into the following categories:
1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations;
2. Meetings/Seminars/Training Sessions which Require Lodging;
3. Staff Travel – Special Meetings or Training for which Funds Are Not Appropriated;
4. Legislative Body Authorized Expense Procedures; and
5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees.
This policy is intended to identify the procedures for receiving approval for travel and reimbursement of expenses. The City Manager may issue further rules for City employees that are consistent with this policy. Cash advances to employees are not allowed.
1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations (one day or less and return)
A. The costs of registration, meals, parking and mileage for private vehicle use are allowable City expenses, and Departments Heads, Assistant City Resolution No. 2019-38512022-_____
Manager, and City Manager shall be required to pre-approve City reimbursement for employees they supervise.
B. Department Heads, Assistant City Manager, and City Manager may not approve attendance unless funds have been budgeted and are available for the subject purpose.
C. Wherever possible, registration fees will be paid in advance by the City.
The individual attending shall typically advance mileage and parking costs.
D. Upon return to the City, the individual attending shall complete a petty cash reimbursement form for total costs less than $100.00, or a “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) when total costs exceed $100.00. The reimbursement form shall be submitted to the Department Head, Assistant City Manager, or City Manager for approval, as applicable.
E. Meal and travel expenses will be reimbursed consistent with the more detailed policy language included, below, for subsections 2.E. and 2.F. of this policy, with the exception that rental car reimbursement is not permitted for one day or less training with no lodging.
2. Meetings/Seminars/Training Sessions, which Require Lodging A. Allowable Expenditures. The costs of registration, lodging, meals, parking, and mileage for private vehicle use are allowable City expenses.
Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, attendance shall require approval and an appropriation of funds by the City Council.
B. Travel Expense Report. A “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) is to be completed for each employee traveling. The Department Head must approve the form, indicating that sufficient funding is included in the budget. Once approved by the Department Head, the report is to be submitted to the City Manager for approval at least one week prior to the City Council Meeting preceding the date of the Conference/Training Session. The City Manager shall either approve/disapprove the travel or refer to the City Council and recommend attendance/non-attendance based on the availability of funds, proposed content of the meeting, and other meetings in the same general subject area, which may be scheduled later during the budget year.
Following City Manager or City Council approval, the Department Head must ensure the completed form is submitted to the Finance staff in a timely manner.
C. Registration. Registration will be paid in advance by credit card or by regular warrant whenever possible. A registration form shall be completed Resolution No. 2019-38512022-_____
by the department and submitted to the Finance Department with the approved Travel Authorization and Reconciliation Report form. If payment is to be by regular warrant, Finance will process the warrant and mail the registration form. If the registration form and credit card payment for registration are to be completed online, department head pre-approval is required before any expenses are incurred.
D. Lodging.
1) The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays.
2) The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his or her destination. Payment for pre-event lodging shall require City Manager approval and will typically not be approved if the total miles of travel from City Hall to the site of the event are less than 75 miles. 3) Costs for lodging must be reasonable, based on availability of hotels and proximity to conference/training location. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the employee at the time of booking.
4) Receipts are required.
5) Lodging may be guaranteed or paid by a City credit card. If overnight accommodation has received prior approval in accordance with 2.B. of this policy, an employee may use their City credit card to charge their own lodging expenses, and department heads may also use their City credit card to charge for lodging expenses for other employees in their department, and/or commissioners/board members.
6) If overnight accommodation has received prior approval in accordance with 2.B. of this policy, lodging may be guaranteed or paid by an employee’s personal credit card, with a reimbursement request to be submitted after the training or conference.
E. Meals.
1) The traveler may receive a per-diem allowance for meals plus tips.
The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for the city of travel and does not require substantiation with receipts. Regarding partial days, travel beginning on or before 7:00 a.m. qualifies for breakfast. A return time beyond 1:30 p.m. qualifies for lunch. Return times beyond 7:00 p.m. qualify for dinner. Travelers will not be reimbursed for the cost of Resolution No. 2019-38512022-_____
a lunch or dinner meal, if such meal is already paid for and provided as part of the conference expenses, and the per-diem allowance will be reduced accordingly, per the IRS published allowance, with the exception that the cost for breakfast will be reimbursed if the conference includes only a light continental breakfast, and the traveler provides a receipt for the additional breakfast expense.
Breakfast shall be considered to occur between 12:00 midnight and 11:00 a.m.; lunch 11:00 a.m. to 4:00 p.m.; and dinner 4:00 p.m. to 12:00 midnight at the time zone of the location of the meal. 2) The City will pay reasonable and customary gratuities and tips during City business travel. Tips for meals are included in the standard per diem rate.
3) If no per diem rate is published for the city of travel, or if the traveler prefers, receipts may be submitted for food and tips up to $50.00 per day based on the limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. The City credit card may be used to pay for meal costs, and receipts must be submitted upon return.
F. Travel.
1) Use of air, train, private car or bus shall be selected on the basis of the most reasonable and appropriate method, taking into consideration distance, time, and total costs to the City after all expense items are tabulated, including travel time and salary costs.
Travel for all personnel shall be in coach class or equivalent service. 2) While traveling, the use of rental vehicles is to be discouraged. Hotel courtesy buses, local shuttle services or public transportation, if available, should be utilized between airports and meeting locations.
If a shuttle service is used from home to the airport, bus, or train terminal, the cost for the shuttle shall not exceed the cost for personal vehicle mileage reimbursement plus parking (if the trip originates or ends at the employee’s residence, personal vehicle mileage reimbursement shall be calculated based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance). Taxi or ridesharing (i.e. Uber or Lyft) services shall be used only when no other convenient, less costly mode of transportation is available. Rental vehicles may be approved in advance by the City Manager when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Payment for air travel is to be made by City credit card at the time of booking. If a travel agency will invoice for the payment, that method may be used. Employees may also use personal credit cards and then request reimbursement from the City.
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3) Employees pre-approved to use personal vehicles for travel will be reimbursed for mileage at the then current IRS mileage rate; however, the total expense of said travel shall not exceed the combined total of the round-trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver’s license and to carry automobile insurance. Any damages to the vehicle or service repairs are of a personal nature, and are not reimbursed by the City. Reimbursement will be based on the vehicle and not on the number of employees attending (i.e. the owner of the vehicle will be paid and not the passengers). If the trip originates or ends at an employee’s residence, personal vehicle mileage compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance.
4) Expenses such as tolls and parking will be fully reimbursed upon presentation of the original receipt. Valet parking will only be reimbursed if there is no self-parking option.
5) Reimbursement for use of a personal vehicle for local travel is not applicable to those management employees receiving an automobile allowance. These employees may, however, receive reimbursement if travel is outside of the six county area of Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties. 6) To receive reimbursement for a City work- related internet use charge at the conference or lodging location, preapproval of an estimated expense must have been received on the preliminary Travel Expense Report.
G. Final Expense Report.
1) A final Travel Authorization and Reconciliation Report form is to be completed by the employee within ten (10) days of completing the travel. Any reimbursement requests not submitted within 30 days of the meeting date may not be honored and traveler shall assume all costs, unless waived by the City Manager. Unsubstantiated advances may result in the issuance of an IRS form 1099 to the traveler. The report is to include a final accounting of all expenses related to the travel, including expenses already paid by the City (by warrant or credit card) and expenses paid by the employee. All hotel bills, rental bills, airline ticket invoices and other receipts are to be attached to the form. If the employee has received, or is requesting, the per diem amount for food and tips, receipts for meals are not required. If any reimbursement to the City is required, a personal Resolution No. 2019-38512022-_____
check in the correct amount is to be submitted with the expense report.
2) Items of a personal nature are not reimbursable including movies (inroom or at the theater), entertainment, premium television services, sporting events, alcoholic beverages, laundry/dry-cleaning, spas, gyms, massage, barber, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage (exceeding one checked bag), valet service, spouse/and or guest accommodations, office equipment and other items of a personal nature. If unauthorized expenses have been paid by the City (i.e. via credit card) the employee will be responsible for reimbursement to the City within ten (10) days of the date of the expense. Reimbursement of travel expenses received from an outside source must be forwarded to the Finance Department upon receipt.
3) The final Travel Authorization and Reconciliation Report form is to be approved by the Department Head and then submitted to the Finance Department for verification prior to submittal to the City Manager for final approval. If payment is due to the employee, the payment will be processed in the next available warrant cycle.
3. Staff Travel - Special Meetings or Training for which Funds Are Not Appropriated Attendance at a special meeting or training, for which funds are not appropriated, attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting.
4. Legislative Body Authorized Expense Procedures
It is the policy of the City of Moorpark to reimburse members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, Library Board, and any other member of a legislative body (as defined by Government Code Section 54952) that receives reimbursement of expenses, for actual and necessary expenses incurred in the performance of their official duties.
The travel and expense reimbursement of the legislative body as defined in Government Code Section 54952 (including but not limited to members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, and Library Board) shall be governed by the same rules contained in this policy for City employees, and the additional requirements listed below.
A. The Travel Authorization and Reconciliation Report form for a member of a legislative body shall be subject to initial review by the Finance Department for compliance with City policies, and then submitted by the Finance Director for review and approval of the City Council Administration, Finance, Resolution No. 2019-38512022-_____
and Public Safety Committee. If a member of the Administration, Finance, and Public Safety Committee submits a Travel Authorization and Reconciliation Report form, it shall be subject to initial review by the Finance Director or his/her designee for compliance with City policies, and then submitted for the approval of the two most senior, by tenure, members of the City Council who are not members of that Committee.
B. The following types of expenses generally constitute authorized legislative body expenses:
1) Use of personal vehicle for business travel outside the City limits (reimbursed at the per mile reimbursement rate for City employees and volunteers and consistent with Policy 5.1, Section 5); 2) Communicating with representatives of regional, state and national government on City adopted policy positions;
3) Attending educational seminars designed to improve public officials’ skill and information levels;
4) Participating in regional, state and national organizations whose activities affect the City’s interests;
5) Lodging, Meals, and Travel – Traveler may receive a per-diem allowance consistent with the provisions of Policy 5.1, Sections 2.D,
2.E, and 2.F. Any expense for which reimbursement is requested (which is not subject to the per diem requirements of this policy) shall include a statement of the reason/purpose and who else was in attendance, even if reimbursement is not requested for others in attendance. The cost of a meal shall not exceed the applicable Internal Revenue Service (IRS) per diem reimbursement rate for the Los Angeles area regardless of the location;
6) Professional association membership and meeting attendance when included in the adopted City Council budget.
C. Items that are of a personal nature are not reimbursable (examples are listed in Policy 5.1, Section 2.G.).
D. Legislative body members (City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board) shall briefly report on meetings attended at City expense at the next regular meeting for that legislative body member under the agenda item “Announcements, Future Agenda Items, and Reports on Meetings/Conferences Attended”. If multiple members of the same legislative body attended the same meeting, a joint report may be made.
E. If a reimbursement rate for travel, meals, lodging and other actual and necessary expenses is not specifically identified in this policy, then the Resolution No. 2019-38512022-_____
Internal Revenue Service rates for reimbursement as established in publication 463 or any successor publication shall be used for those items.
F. All expenses not covered by this policy shall be approved by the City Council in a public meeting before the expense is incurred.
G. Pursuant to Section 53232.4 of the Government Code, penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency; (c) Civil penalties for misuse of public resources pursuant to Government Code Section 8314; and (d) Prosecution for misuse of public resources pursuant to Section 424 of the Penal Code.
5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees
A. City Council public appointees to boards, commissions, and committees, who do not receive an honorarium and travel outside of the Moorpark City limits to attend regular and special meetings of that board, commission, or committee, shall be eligible to receive mileage reimbursement for that travel. Mileage will be calculated from the appointee’s residence in Moorpark as the point of departure to the meeting location. Mileage expense reimbursement for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service, and as verified by the Finance Director annually.
B. To encourage the use of public transportation, in lieu of a mileage reimbursement, an appointee may instead submit for reimbursement for public transit expenses (Metrolink, fixed-transit services, or paratransit services), if public transportation is utilized instead of a personal vehicle.
C. The appointee shall complete the City’s Travel Authorization and Reconciliation Report form, and submit the form to the City Clerk at the end of the month, with the meeting agenda attached as supporting documentation for the mileage reimbursement or public transportation claim. Recognizing that not all public transit agencies have a receipt system in place at the time of travel, a fare structure brochure or print-out from the respective transit agency’s website will be sufficient supporting documentation for the public transportation claim. The Finance Department will submit an appointee’s completed Travel Authorization and Reconciliation Report form to the City Council Administration, Finance, and Public Safety Committee for review and approval.
Policy 5.2: Fund Balance Reserve
Fiscal stability is an important factor to any city. Sound financial management includes the practice and discipline of maintaining adequate reserve funds for known and unknown contingencies. Such contingencies and occurrences include, but are not limited to:
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