Agenda packet — Newman City Council, September 9, 2025 (part 2 of 2)

Chapter 4.12

ADMINISTRATIVE CODE
The purposes of this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the City of Newman by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 1, 10-22-2002; Ord. 2002-7 § 1, 10-22-2002; Ord. 99-12 § 1, 3-23-1999; Ord. 90-15, 10-16-1990)

4.12.020 Adoption.

That certain document in book form entitled "California Administrative Code California Code of Regulations, 2-022- 2025 Edition of Title 24, Part l," as approved and copyrighted by the International Code Council (ICC), 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001 and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the California Administrative Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 2, 10-22-2002; Ord. 2002-7 § 2, 10-22-2002; Ord. 99-12 § 2, 3-23-1999; Ord. 95-14, 12-19-1995)

4.12.030 Definitions.

Wherever the following words appear in the California Administrative Code, they shall be deemed to mean:

A. "City" shall mean the incorporated area of the City of Newman.

B. "State" shall mean the State of California. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 3, 10-22-2002; Ord. 2002-7 § 3, 10-22-2002; Ord. 99-12 § 3, 3-23- 1999; Ord. 90-15, 10-16-1990)

4.12.040 Interpretation and appeals.

In order to provide for a final interpretation of the provisions of this chapter and to hear appeals provided for hereunder, the City Council shall designate a Board of Appeals. Any person dissatisfied with any decision of the Administrative Official may appeal in writing to the Board of Appeals of the City of Newman, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Board and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Administrative Official, with a duplicate copy to the appellant. The decision of the The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 47/85
Chapter 4. 12 ADMINISTRATIVE CODE
City Council on such appeal shall be final. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 4, 10-22-2002; Ord. 2002-7 § 4, 10-22-2002; Ord. 99-12 § 4, 3-23- 1999; Ord. 90-15, 10-16-1990)

4.12.050 Violations and penalties.

A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

B. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00, or by imprisonment for not more than 180 days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10- 8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10- 12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-18 § 5, 10-22-2002; Ord. 2002-7 § 5, 10-22-2002; Ord. 99-12 § 5, 3-23-1999; Ord. 95-14, 12-19-1995)

4.12.060 Validity.

The City Council of the City of Newman hereby declares that should any section, paragraph, sentence or word of this chapter or of the Codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the City Council of the City of Newman that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10- 11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 2002-18 § 6, 10-22-2002; Ord. 2002-7 § 6, 10-22-2002; Ord. 99-12 § 6, 3-23-1999; Ord. 90-15, 10-16- 1990)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN
Chapter 4.13

THE HISTORIC BUILDING PRESERVATION OF THE CITY OF NEWMAN Sections:

Title.

Findings and purposes.

Area of application.

Ordinary maintenance and repair.

Definitions.

Architectural Review Committee.

Powers and duties of the Architectural Review Committee.

Criteria for historic designation.

Page 48 ends

4.13.010

4.13.020

4.13.030

4.13.040

4.13.050

4.13.060

4.13.070

4.13.080

4.13.090 Procedures for historic designation of homes not on the City of Newman local historic resources

4.13.100

4.13.110

4.13.120

4.13.130

4.13.140

4.13.150

4.13.160
inventory.

Zoning regulations.

Scope of alterations.

Alteration of an historic resource - Permit required.

Duty to keep in good repair.

Enforcement.

Penalties.

CEQA.

4.13.010 Title.

This chapter shall be known as the Historic Building Preservation of the City of Newman. (Ord. 2022-3 § 1 (Art. A), 2022; Ord. 2019-5 § 1 (Art. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Art. A), 11-12- 2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.020 Findings and purposes.

A. Findings. It is hereby found that:

1. The City has many places, sites, buildings, and structures which possess special historic, architectural and cultural interest and value to the community and its citizens; and

2. There is great value in the protection and enhancement of such important places, sites, buildings, and structures which often necessitates appropriate and reasonable consideration upon their appearance and use; including their alteration and reuse, which preserves their unique character and economic value; and

3. The proper use of historic places, sites, buildings, and structures is essentially desirable to the community, but, because of their age, structural nature, or threats from modernization, require special considerations in regard to the applicability of present construction and zoning codes affecting any change in use or structural alteration which could have a negative effect on their unique and important character and economic value.

B. Purposes. The purpose of this chapter is to promote health, safety and general welfare of the citizens of the City through:

1. The protection, enhancement, and perpetuation of structures, sites and areas that are reminders of past eras, events and persons important to local, State or national history, or which provide significant examples of architectural styles of the past, or are elements in the history of architecture, or reflect the phases of the City's development, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.

2. The enhancement of tourism and the economy of the City by protecting and preserving places having special and unique character and interest.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

Page 49 ends

3. Support of the efforts of property owners to preserve, protect, and/or renovate historic and architecturally significant buildings/structures through financial incentive programs such as the Mills Act and the City's Downtown Facade Improvement Program and Housing Rehabilitation Program.

4. Fostering public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its past.

5. Allowing the use of the State Historic Building Code (SHBC) by declaring the importance of designated structures to Newman's history, architecture, and local culture. The SHBC provides an alternative to the California Building Code by recognizing the unique construction problems inherent in historical buildings while maintaining acceptable life safety standards.

6. Promoting the enhancement of property values, the stabilization and improvement of neighborhoods and areas of the City, and the increase of economic and financial benefits to the City and its inhabitants.

7. Contributing to the preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history - cultural, social, economic, political and architectural.

8. Promoting the public's awareness of the benefits of preservation including encouragement of public participation in identifying and preserving historical and architectural resources, thereby increasing community pride in the City's cultural heritage. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.030 Area of application.

This chapter shall apply to all cultural and historical resources within the City as identified on the City of Newman's Inventory of Historic Resources. In addition, historic structures as defined herein shall include the exterior portions of any primary building and also related accessory structures of the same period construction but shall not apply to the interior of the designated structure. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.040 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on an historic resource that does not involve a change in design, material or appearance thereof. This chapter does not prevent the construction, reconstruction, restoration, demolition, or removal of any such feature when the Chief Building Official certifies to the Architectural Review Committee that such action is required for the public safety due to an unsafe condition which cannot be rectified through the uses of the State Historical Building Code and following of the California Health and Safety Code as the same exists or may hereafter be amended. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22- 1996)

4.13.050 Definitions.
"Alteration" means any change to or modification of an historic resource. "Architectural" means anything pertaining to the science, art or profession of designing and constructing buildings. "Architectural Review Committee" means the Committee established under this Code. "Culture" or -"cultural" means anything pertaining to the concept, skills, habits, arts, instruments, or institutions of a given people at a given point in time.
"District" or "historic district" or "historic preservation area" means a geographically definable area within the City of Newman possessing a significant concentration, linkage, or continuity of historic resources and which has been so designated pursuant to this chapter.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

Page 50 ends

"Historic resource" means a structure, natural feature, site or other artifact of architectural, artistic, cultural, engineering, aesthetic, archaeological, historical, political, or social significance to the citizens of the City of Newman, the State, or the Nation and formally designated by the City of Newman in accordance with the provisions of this chapter. An "historic resource" also includes a resource listed in the State and/or National Register of Historic Resources.
"Local historic resources inventory" means the inventory of historic resources (including structures of architectural, cultural and historical significance) located within the City of Newman. "Material change" means a change, as defined herein, in the design, material, or appearance of an exterior architectural feature in or on an historic resource.
"Natural feature" means any tree, plant life, geographical or geological site or feature. "Owner" means any person, association, partnership, firm, corporation or public entity appearing as the holder of title on any property as shown on the records of the County Assessor or on the last assessment roll of the County of Stanislaus, as applicable.
"Preservation" means the identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.
"Residentially used property" shall mean any owner-occupied building or structure, and accessory structures, located within an R District and used for single-family residential purposes, when used within the context of this chapter.
"Site" means a place or plot of land where something was, is or will be. "Structure" means a building or any other manmade object affixed on or under the ground. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11- 12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.060 Architectural Review Committee.

A. The City's Architectural Review Committee shall be the advisory agency for carrying out the duties and responsibilities identified under this chapter.

B. When appointing members to the Architectural Review Committee, the Council should strive to include a member from each of the following groups:

1. One Planning Commissioner;

2. One member of the Newman Historical Society;

3. One City resident at large;

4. One member of the business community and/or Chamber of Commerce; and

5. One professional in one or more of the following disciplines:
a. Architecture;
b. Architectural history;
c. Historical remodeling or reconstruction;
d. Historic archaeology;
e. Historical conservation; or
f. Related discipline to the extent such professionals are available in the community of Newman.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

Page 51 ends

C. At least one member of the Architectural Review Committee should be a licensed building contractor. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-3 § 4, 5-28-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11- 27-2007; Ord. 96-8, 10-22-1996)

4.13.070 Powers and duties of the Architectural Review Committee.

The Architectural Review Committee shall have the following powers and duties:

A. Following formal notification to the property owner of record, the designation of historic resources within the City.

B. Review design and/or building permit plans for construction, alteration, or demolition of designated historic resources.

C. Consult with and consider the general ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation.

D. View structures, sites and areas which it has reason to believe are worthy of preservation.

E. Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of property designated historic.

F. Consider methods other than those provided for in this chapter for encouraging and achieving historical or architectural preservation.

G. Conduct a review of the inventory of historic resources and update the inventory every two years or as deemed appropriate. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Art. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.080 Criteria for historic designation.

An historic resource structure is normally considered a structure of over 50 years of age as determined by the records of the Stanislaus County Assessor's Office. In considering a proposal for designation as an historic resource, the Architectural Review Committee shall apply a minimum of two of the following criteria:

A. Its character, interest or value as a significant part of the heritage of the City, the State or the Nation.

B. Its location as a site of a significant historic event.

C. Its identification with a person or persons who significantly contribute to the culture and development of the City, the State or the Nation.

D. Its exemplification of a particular architectural style or way of life.

E. Its exemplification of the best remaining architectural type in the City.

F. Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the City, the State or the Nation.

G. Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship.

H. Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource.

I. Its unique location or singular physical characteristics representing an established and familiar visual feature of the City.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN
J. Its potential of yielding significant information of archaeological interest.

Page 52 ends

K. Its integrity as a natural feature that strongly contributes to the well-being of the people of the City, the State, or the Nation.

L. The Architectural Review Committee shall, in making its determination for historic resource designations, consider the above criteria and make the following findings:

1. The property, place, site, building, structure, or use has special local historical, architectural, archaeological, or cultural interest that embodies the character and history of the City;

2. The unique character and history of the City are reflected in the cultural, .historical, economic and architectural heritage embodied in said property, place, site, building, structure or use which should be preserved as living parts of the community;

3. The property, place, site, building, structure or use is facing increasing pressures of modernization and may be threatened with demolition or decay;

4. The request for designation represents an area of special natural beauty and aesthetic interest, the preservation of which would enhance the economy of the City by promoting such areas as market draws or tourist attractions;

5. The property is listed on the National Register of Historic Places or any State or County official register of historical or architecturally significant sites, places, or landmarks or is to be listed on the City register of historically or architecturally significant sites, places, or landmarks;

6. The property owner of record has been formally notified by certified U.S. mail that their property was being considered for designation as an historic resource and was provided with an opportunity to address the Committee regarding the merits of designation and that the property owner's comments were considered in the determination. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.090 Procedures for historic designation of homes not on the City of Newman local historic resources inventory.

A. Commercially Used Property. Upon its own application, or upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a commercially used historic resource, subject to appeal to the Planning Commission and the City Council.

B. Residentially Used Property. Upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a residentially used historic resource, subject to appeal to the Planning Commission and the City Council.

C. Designation Procedure. The procedure for designation of historic resources is as follows:

1. The application shall include the following data:
a. Assessor's parcel number of the site or legal description; b. Description detailing the proposed resource's special aesthetic, cultural, architectural, artistic, or engineering interest or value of an historic nature;
c. Sketches, drawings, photographs, or other descriptive materials; d. Statement of condition of structures;
e. Other material or information requested by the Architectural Review Committee.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

2. Prior to approval or approval with modification, the Architectural Review Committee shall find:

Page 53 ends

a. That the proposed structure, natural feature, site or district has significance as an historic resource; and b. That the proposed designation may be made without imposing an undue hardship upon the owner(s) of the property(ies); and
c. That approval or approval with modification(s) of the application is consistent with the purpose and criteria of this chapter.

3. The recommendation of the Architectural Review Committee, approved by at least three affirmative votes, shall be approved unless reversed by the Planning Commission or on appeal by the City Council.

4. Following approval of the designation, the Architectural Review Committee shall send to the owner(s) of the property(ies) so designated a letter outlining the basis for such designation, and the regulations resulting from such designation. The Architectural Review Committee may also forward a copy of the letter to any other department or agency requesting it or that the Architectural Review Committee considers affected by the designation.

5. Once designated, the property shall then be listed on the Inventory of Historic Resources. The inventory shall be reviewed by the Architectural Review Committee every two years.

6. Within 90 days of designation of a building or structure as an historic resource in accordance with the provisions of this chapter, a document shall be recorded by the City in the office of the Stanislaus County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this section authorizing the recordation.

7. For 24 months from the effective date of the ordinance codified in this chapter, all appeal fees attributable to the implementation of these provisions shall be paid by the City and/or the Newman Redevelopment Agency. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.100 Zoning regulations.

The provisions of this chapter are intended to complement and support the provisions ofNCC 5.13.030. Where an historic resource is located within an H District, and the provisions of this chapter are more restrictive than the provisions of the H District, the provisions of this chapter shall apply. Similarly, although a building or structure is located within an H District, unless the building or structure is designated as an historic resource, the provisions of this chapter shall not apply to any proposed construction and such work shall be governed exclusively by the provisions of the H District, any underlying zoning or other building code or similar provisions. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.110 Scope of alterations.

A. Any replacement of elements of any structure in a manner which may become inconsistent with proposed regulations preserving the original construction of such structure is hereby limited. Structural elements regulated herein are defined as any exterior visible portion of the structure, including:

1. Roof;

2. Eaves;

3. Fascia and siding;

4. Masonry walls and supports;

5. Porches, landings, outside stairs;
The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

6. Columns of walls;

7. Windows and frames;

8. Auxiliary buildings;

9. Doors.

Page 54 ends

B. Except as otherwise provided in this chapter, no exterior alteration to any and/or all of the above-listed structural elements shall be carried out unless the Chief Building Official and/or the Architectural Review Committee has determined that the alteration utilizes materials in a manner compatible with the existing or original construction and design of the structure. (Ord. 2022-3 § l (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11- 27-2007; Ord. 96-8, 10-22-1996)

4.13.120 Alteration of an historic resource - Permit required.

Except as otherwise provided in this chapter:

A. No person shall carry out or cause to be carried out on an historic resource any material change through alteration, construction, or relocation, unless the applicant has secured the required building permit.

B. Any person who plans the demolition, construction, alteration, relocation or removal of an historic resource or part thereof shall first submit an application to the City. Copies of the plans for the proposed work shall accompany the application. As a minimum, the application and plans shall contain the following data:

1. A clear statement of the proposed work;

2. Plans describing the size, height and appearance of the proposed work and its relationship to adjacent structures;

3. A site plan showing all existing buildings and structures and the proposed work;

4. Reasons for demolition if demolition is proposed;

5. Other information deemed necessary by the City to properly evaluate the proposal.

C. Except as otherwise provided in this chapter, no permit for the demolition, exterior construction, or alteration, relocation or removal of an historic resource or part thereof shall be issued until such application has been reviewed and approved by the Architectural Review Committee.

D. In the case where a permit has been applied for and the property owner plans to alter (utilizing materials not compatible with existing or original materials), demolish, relocate or remove an historic resource, the following shall apply:

1. The Architectural Review Committee shall consider, among other things, the purpose of this chapter and the historic architectural value and significance of the historic resource, as well as present and prospective effects or hardships (economic, financial, or otherwise) upon the owners and occupants of the affected properties. The Architectural Review Committee shall take into consideration architectural features of the building or structure in question, other buildings within any Historic District, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's Guidelines for Rehabilitation shall provide base criteria for evaluating proposed alterations to an historic resource.

2. The Committee may approve, approve with modifications, or disapprove the application.

3. Prior to approval, or approval with modifications, the Architectural Review Committee shall find that:
a. The action proposed is consistent with the purposes of this chapter; and The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

Page 55 ends

b. The action proposed will not be detrimental to a structure or feature of significance as an historic resource; and
c. The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property; or
d. The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship (economic, financial, or otherwise); and e. If the finding in subsection (D)(3)(a) of this section, and either finding in subsection (D)(3)(b), (c), or ( d) of this section, cannot be made, then the building permit shall be denied.

4. A final determination, along with the written findings, shall be rendered by the Architectural Review Committee within 45 calendar days of receipt of the application, unless extended by mutual consent of the owner and the Architectural Review Committee.

5. Action of the Architectural Review Committee shall be deemed final, unless appealed. No building permit shall be issued until the time period for appeal has expired. Such appeal by the applicant, owner, or any person or entity dissatisfied with the action of the Architectural Review Committee shall be filed with the City Clerk within 10 days of the date of approval, conditional approval, or disapproval by the Architectural Review Committee.

The appeal shall set forth specifically where the petitioner believes the Architectural Review Committee's findings to be in error, and shall be accompanied by such fees as established from time to time by resolution of the City Council (as per NCC 1.16.010). On appeal, the Planning Commission may grant or deny the appeal, conditionally grant the appeal, or refer the matter to the Architectural Review Committee for further consideration.

6. The provisions of this section shall not apply to the following:
a. Where an historic resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demolition of such structure, natural feature or site is being undertaken with prior approval of the City's Chief Building Official. b. Where hazardous conditions exist as determined by the Chief Building Official and said hazardous conditions must be corrected immediately in the interest of the public health, safety and welfare. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27- 2007; Ord. 96-8, 10-22-1996)

4.13.130 Duty to keep in good repair.

The owner, occupant, or other person in actual charge of an historic resource, or part thereof, shall keep in good repair all of the exterior portions of such building(s), or structure(s), and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the Chief Building Official to enforce this section. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.140 Enforcement.

In addition to the regulations of this chapter, other parts of this Municipal Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the Chief Building Official shall have the authority to implement enforcement of this chapter by any of the following means:

A. Serve notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the historic resource.

B. Call upon the City Attorney to initiate any necessary legal proceedings for enforcement of this chapter, and the City Attorney is hereby authorized to institute any legal actions toward that end.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.13 THE HISTORIC BUILDING

PRESERVATION OF THE CITY OF NEWMAN

Page 56 ends

C. Call upon the Police Chief and/or other sworn police officer to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.150 Penalties.

Any person violating or failing to comply with the provisions of this chapter shall be guilty of a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996)

4.13.160 CEQA.

A. Pursuant to the California Environmental Quality Act (CEQA), this chapter is exempt under the provision of Section 1506l(B)(3), known as the "general or common sense" rule exemption. This section of the guidelines provides that where it can be seen with certainty that an action will not have a significant effect on the environment, it is exempt from CEQA.

B. In addition, this chapter is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines, because it is a regulatory action taken by the City in the exercise of its authority pursuant to Government Code Section 65858, to assure completion of a contemplated change to City standards which the City is studying, revising and contemplating adopting within a reasonable period of time. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 96-8, 10-22-1996) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 57/85
Chapter 4.14 SOLAR ENERGY CODE
Chapter 4.14

SOLAR ENERGY CODE
(Repealed by Ord. 2013-3)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.15 HISTORICAL BUILDING CODE
Sections:

4.15.010

4.15.020

4.15.030

4.15.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.15.010 Adoption.

Chapter 4.15

HISTORICAL BUILDING CODE

Page 58 ends

That certain document in book form entitled "California Historical Building Code,~ 2025 Edition of Title 24 Part 8," including the Appendices thereof, as approved and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of historic buildings, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Historical Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 1, 10-22-2002)

4.15.020 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 2, 10-22-2002)

4.15.030 Penalties.

Section 8-104.4 of the California Historical Building Code is hereby amended to read as follows:

Section 8-104.4 Violation and Penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of Newman, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty ( 180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 3, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.15 HISTORICAL BUILDING CODE

4.15.040 Board of Appeals.

Section 8-104.3 of the California Historical Building Code is hereby added to read as follows:

Section 8-104.3 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-14 § 4, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 59 ends

Newman City Code
Chapter 4.16 EXISTING BUILDING CODE
Sections:

4.16.010

4.16.020

4.16.030

4.16.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.16.010 Adoption.

Chapter 4.16

EXISTING BUILDING CODE

Page 60 ends

That certain document in book form entitled "California Existing Building Code, W2± 2025 Edition of Title 24 Part 10," including Chapter 1, Division II, Scope and Administration, and the Appendices thereof, based on the WU 2024 International Existing Building Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Existing Building Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City ofNewman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 1, 10-22-2002)

4.16.020 Purposes.

4.16.030 Penalties.

Section Al 13.4 of the California Existing Building Code is hereby added to read as follows:

Section Al 13.4 Violation and Penalties.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 3, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.16 EXISTING BUILDING CODE

4.16.040 Board of Appeals.

Section Al 12.4 of the California Existing Building Code is hereby added to read as follows:

Section Al 12.4 Board of Appeals.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-15 § 4, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Page 61 ends

Newman City Code
Chapter 4.17 ENERGY CODE
Sections:

4.17.010

4.17.020

4.17.030

4.17.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.17.010 Adoption.

Page 62 ends

Chapter 4.17

ENERGY CODE
That certain document in book form entitled "California Energy Code, ±W± 2025 Edition of Title 24 Part 6," including the Appendices thereof, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, prescribing regulations governing the installation, construction, maintenance, alteration, repair and inspection of energy-efficient equipment, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Energy Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 1, 10-22-2002)

4.17.020 Purposes.

4.17 .030 Penalties.

The following section is hereby added to the California Energy Code to read as follows:

Violation and Penalties.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 3, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.17 ENERGY CODE

4.17 .040 Board of Appeals.

The following section is hereby added to the California Energy Code to read as follows:

Board of Appeals.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-16 § 4, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 63 ends

Newman City Code
Chapter 4.18 ELEV ATOR SAFETY CONSTRUCTION
CODE
Chapter 4.18

ELEVATOR SAFETY CONSTRUCTION CODE
(Repealed by Ord. 2016-4)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 64 ends

Newman City Code
Chapter 4.19 REFERENCE STANDARD CODE
Sections:

4.19.010

4.19.020

4.19.030

4.19.040
Adoption.

Purposes.

Penalties.

Board of Appeals.

4.19.010 Adoption.

Chapter 4.19

REFERENCE STANDARD CODE

Page 65 ends

That certain document in book form entitled "California Reference Standard Code,~ 2025 Edition of Title 24 Part 12," including the Appendices thereof, as approved and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the Building Department of the City of Newman, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as "the Reference Standard Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect; the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12- 2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 1, 10-22-2002)

4.19.020 Purposes.

4.19.030 Penalties.

The following section is hereby added to the California Reference Stal).dard Code to read as follows:

Violation and Penalties.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during .which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 3, 10-22-2002)

4.19.040 Board of Appeals.

The following section is hereby added to the California Reference Standard Code to read as follows:

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code
Chapter 4.19 REFERENCE STANDARD CODE
Board of Appeals.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 2002-19 § 4, 10-22-2002) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 66 ends

Newman City Code
Chapter 4.20 RESIDENTIAL CODE
Sections:
4;20.010

4.20.020

4.20.030

4.20.040

4.20.050

4.20.060

4.20.070
Purposes.

Adoption.

Definitions.

Violations and penalties.

Validity.

Board of Appeals.

Amendments.

4.20.010 Purposes.

Page 67 ends

Chapter 4.20

RESIDENTIAL CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.020 Adoption.

Those certain documents in book form entitled "California Residential Code -2-0±± 2025 Edition of Title 24 Part

2.5," and including Chapter 1, Division II, Administration, and all the Appendix Chapters with the exception of Appendix AL-Permit Fees, based on the WU 2024 International Residential Code, as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, one copy of which document is now on file in the Building Department of the City of Newman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as the "California Residential Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11- 2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

B. The term "Building Official" shall include the term "Chief Building Official," and means the authority having jurisdiction/Director of the Building Department within the Community Development and Services Agency, and his or her deputies or designees. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.040 Violations and penalties.

Sections Rl 13.1 and Rl 13.4 of the California Residential Code as set forth in said Code are omitted, but in lieu thereof new Sections Rl 13.1 and Rl 13.4 are added to read as follows:

Section R113.1 Unlawful acts:

Section Rl 13.4 Violation penalties:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.20 RESIDENTIAL CODE
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty ( 180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.050 Validity.

Page 68 ends

4.20.060 Board of Appeals.

Section Rl 12.5 of the California Residential Code is hereby added to read as follows:

Section Rl 12.5 Beaffi Means of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.20.070 Amendments.

Section~ R308 - Site Address of the California Residential Code is hereby amended by adding the following subsection:

R319.1.2 R308.J.2 Address Illumination.

Addressing shall be illuminated at night in all new buildings. Address signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles. Internally illuminated signs shall provide equivalent luminance.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.21 GREEN CODE
Sections:

4.21.010

4.21.020

4.21.030

4.21.040

4.21.050

4.21.060
Purposes.

Adoption.

Definitions.

Violations and penalties.

Validity.

Board of Appeals.

4.21.010 Purposes.

Page 69 ends

Chapter 4.21

GREEN CODE
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Newman; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement; by enhancing the design and construction of buildings through the use of building concepts having and encouraging sustainable construction practices in the following categories:

A. Planning and design;
B. Energy efficiency;
C. Water efficiency and conservation;
D. Material conservation and resource efficiency;
E. Environmental quality. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.020 Adoption.

Those certain documents in book form entitled "California Green Code 'CALGreen' -±-0±± 2025 Edition of Title 24 Part 11," as approved and copyrighted by the International Code Council (ICC), 4051 West Flossmoor Road, Country Club Hills, IL 60478, one copy of which document is now on file in the Building Department of the City of Newman, except as to portions thereof which are herewith specifically amended, deleted and added to, are hereby adopted by reference together as the "California Green Code of the City of Newman," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.030 Definitions.

A. The name "Newman" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this Code wherever the City or the State is left blank.

4.21.040 Violations and penalties.

Section 114 .4 of the California Building Code, Part 2 as set forth in said Code is omitted, but in lieu thereof a new Section 114 .4 is added to read as follows:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.21 GREEN CODE
Section 114 .4.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.21.050 Validity.

Page 70 ends

4.21.060 Board of Appeals.

Section 113 of the California Building Code, Part 2 is hereby added to read as follows:

Section 113 .4 Board of Appeals.

The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Newman, which statement shall specify the ground of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS
Sections:

4.22.010

4.22.020

4.22.030

4.22.040

4.22.010
Chapter 4.22

SAFETY ASSESSMENT PLACARDS
Intent.

Application of provisions.

Definitions.

Placards.

Intent.

Page 71 ends

This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. This chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.22.020 Application of provisions.

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Newman. The City Council may extend the provisions as necessary. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.22.030 Definitions.
"Safety assessment" is a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010)

4.22.040 Placards.

A. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached.

1. "INSPECTED - Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. "RESTRICTED USE" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. "UNSAFE- Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

B. The number of the ordinance codified in this section, the name of the jurisdiction and its address and phone number shall be permanently affixed to each placard.

C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS

INSPECTED

LAWFUL OCCUPANCY PERMITTED
This structure has been inspected (as indicated below) and no apparent structural hazard has been found.
[ ] Inspected Exterior Only
[ ] Inspected Exterior and Interior
Report any unsafe condition to local authorities;
re-inspection may be required.

Inspector comments:

Facility Name and Address:

Date: _____________ _
Time: _____________ _
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on GREEN colored paper)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 72 ends

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS

RESTRICTED USE
Caution: This structure has been inspected and
found to be damaged as described below:

Entry, occupancy and lawful use are restricted as
Indicated below:

Facility Name and Address:

Date: _____________ _
Time= ---------~----
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on YELLOW colored paper)
The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Page 73 ends

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS
UNSAFE

DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
This structure has been inspected, found to be
seriously damaged and is unsafe to occupy, as
described below:

Do not enter, except as specifically authorized
in writing by jurisdiction. Entry may result in
death or injury.

Facility Name and Address:
(Caution: After hocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on RED colored paper)
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Page 74 ends

Newman City Code
Chapter 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES
Chapter 4.23

SMALL RESIDENTIAL ROOFTOP SOLAR PERMITTING PROCEDURES
Sections:

4.23.010

4.23 .020

4.23.030

4.23.040
Purpose.

Definitions.

Permitting process.

Inspection process.

4.23.010 Purpose.

Page 75 ends

Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.020 Definitions.
"Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The internet;

3. Facsimile.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision ( c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs ( 1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.030 Permitting process.

The expedited, streamlined permitting process for small residential rooftop solar energy systems shall comply with the applicable requirements contained in this title, Building Regulations, and all of the following:

A. The Department shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

B. The checklist and required permitting documentation shall be published on a publicly accessible internet website.

C. As allowed by available resources, the Department shall allow for electronic submittal of a permit application and associated documentation and shall allow electronic signature in lieu of a wet signature.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES

Page 76 ends

D. Upon confirmation by the Department that the application and supporting documentation are complete and meet all requirements of the California Building Standards Code, the Department shall approve the application and issue all required permits. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.040 Inspection process.

Small residential rooftop solar energy systems eligible for expedited, streamlined permitting process shall only require one inspection, unless the installation is found to be out of compliance with the California Building Standards Code or a separate fire safety inspection is required. Inspection requests shall be made in compliance with this title, Building Regulations. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

STATION PERMITTING PROCEDURES
Chapter 4.24

ELECTRIC VEHICLE CHARGING STATION PERMITTING PROCEDURES Sections:

4.24.010

4.24.020

4.24.030

4.24.040

4.24.050

4.24.060

4.24.070
Purpose.

Definitions.

Checklist.

Expedited building permit process for electric vehicle charging stations.

Electronic submission.

Installation.

Technical review.

4.24.010 Purpose.

Page 77 ends

The City seeks to encourage the use of fuel-efficient electric vehicles by streamlining the process for obtaining a building permit for electric car charging stations. Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, every city, county, or city and county, with a population less than 200,000, shall adopt an ordinance creating an expedited, streamlined permitting process for electric vehicle charging stations. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.020 Definitions.
"CEC" means California Code of Regulations, Title 24, Part 3, also known as the California Electrical Code. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the CEC, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. "Electronic submittal" means the utilization of one or more of the following: email; the internet; facsimile. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017- 4 § 1, 9-26-2017)

4.24.030 Checklist.

A. The City Building Official shall adopt a checklist of all requirements for an expedited building permit application for electric vehicle charging stations. The checklist shall substantially conform to the checklist and standard plans contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research.

B. The checklist, application form, and any other documents required by the City Building Official shall be published on the City's website. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.040 Expedited building permit process for electric vehicle charging stations.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety, and building occupants.

Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment; and vehicle parking.

B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the City Building Official that the permit application and supporting documents meet the requirements of the City-adopted checklist, and are consistent with all The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

STATION PERMITTING PROCEDURES

Page 78 ends

applicable laws, and health and safety standards, the City Building Official shall approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by .the City.

C. If the application for an expedited building permit is incomplete, the City Building Official shall provide a written correction notice of the deficiencies and the additional information required to be eligible for expedited building permit issuance.

D. The City Building Official shall not condition the approval for any electric vehicle charging station permit on the approval by an association, as that term is defined by California Civil Code Section 4080. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.050 Electronic submission.

The City Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting permit applications, the City Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.060 Installation.

A. Electric vehicle charging station equipment shall meet the requirements of the CEC, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B. Install~.tion of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 of the CEC, and all applicable provisions under California Code of Regulations, Title 24, Part 3.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the CEC. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.070 Technical review.

This chapter aims to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the City Building Official's authority to address higher priority life-safety situations. If the City Building Official finds, based on substantial evidence, that an electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS
Sections:

4.25.010

4.25.020

4.25.030

4.25.040

4.25.050

4.25.060

4.25.070

4.25.080

4.25.090

4.25.100

4.25.110

4.25.120

4.25.130

4.25.140

4.25.150

4.25.160
Chapter 4.25

UNIVERSAL DESIGN FOR RESIDENTIAL DWELLINGS
Purpose.

Findings.

Definitions.

Scope and application.

Exemptions.

Standards - Primary entrance.

Standards - Interior routes.

Standards - Primary floor powder room/bathroom entry and facilities.

Standards - Kitchen and facilities.

Standards -Common use room.

Standards -Bedroom.

Standards - Miscellaneous areas.

Standards - General components.

Standards - New construction -Permissive options.

Enforcement.

Purchaser opt-out option.

4.25.010 Purpose.

Page 79 ends

A. The purpose of the design guidelines established by this chapter is to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences or physical abilities.

B. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein have made necessary the adoption of a universal design standard for dwellings in order to adequately safeguard life, health, property, and general welfare.

C. The purpose of this chapter is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this chapter. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.020 Findings.

A. Pursuant to Health and Safety Code Section 17959, the City Council of the City of Newman hereby finds that the provisions of this chapter are reasonably necessary because, according to the City's Certified Housing Element, approximately 23 percent of the City's residents have physical conditions that affect their abilities to live independently. Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living.

B. The City Council of the City of Newman hereby finds that the provisions of this chapter are reasonably necessary to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences and functional abilities.

C. Pursuant to Health and Safety Code Section 17959, the City Council of the City of Newman hereby finds that the provisions of this chapter are substantially the same as the model universal design local ordinance adopted by the Department of Housing and Community Development. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.030 Definitions.
"Accessible" means as consistent with or as defined by the California Building Code, Chapter 1 lA.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

Page 80 ends

"ANSI Al 17.1" means the most current version of the "Standard on Accessible and Usable Buildings and Facilities," commonly known as "ICC/ ANSI Al 17. l ," published by the International Code Council and the American National Standards Institute, Inc.
"Bathroom" means a room containing a water closet (toilet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.
"CBC, Chapter l lA" means Chapter l lA of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.
"Common use room" means a room commoniy used by residents or guests to congregate. "Condominium" means as defined by the California Building Code. "Custom-built home" means a single-family detached dwelling that is built to the owner's specifications and not part of a master plan check.
"Dwelling unit" means as defined by the California Building Code. "Owner-occupied" means any residential dwelling unit not intended, at the time of application for the building permit, to be occupied as a rental dwelling.
"Powder room" means a room containing a water closet (toilet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms. "Primary entry" means the principal entrance used to enter a building or residential unit, as designated by the Building Official for purposes of compliance with this chapter. "Rental" means any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.
"Single-family residential dwelling" means as consistent with or as defined by the California Building Code. "Substantial rehabilitation" means the reconstruction of the primary entry, hallway, or one bathroom or powder room on the route from the primary entry, when that reconstruction is required to be consistent with the most current version of the California Building Standards Code.
"Visitable residential dwelling" means a residential unit subject to the requirements of this chapter by virtue of being within the scope of this chapter as defined in NCC 4.25.040. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)

4.25.040 Scope and application.

A. Unit Coverage. All residential dwelling units that are a part of a residential development project for which an application for a new construction building permit is submitted to the Building Division after the effective date of this chapter shall be visitable residential dwellings.

B. Unit Types. New construction of all single-family, duplex, and triplex residential dwellings for which an application for a building permit is submitted to the Building Division after the effective date of the ordinance codified in this chapter shall be subject to this chapter.

C. Conditions of Approval. Any tentative map, conditional use permit, site development review or building permit master plan check subject to this chapter shall contain conditions sufficient to ensure compliance with the provisions of this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1§1, 2-12-2019) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

4.25.050 Exemptions.

Page 81 ends

A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation may be granted.

B. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the site and/or due to the size of the site and/or other site constraints and/or legal constraints and that no equivalent facilitation is available, an exemption to that portion of the regulation may be granted.

C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this chapter may be granted.

D. This chapter shall not be applicable to any residential structure constructed if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.060 Standards - Primary entrance.

A. New Construction - Mandatory to Install. There are no mandatory installations related to primary entrances in a visitable residential dwelling.

B. New Construction -Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

1. At least one doorbell is provided for the accessible entry door, one that is between 42 inches and 48 inches from the finished floor must be installed.

2. An exterior accessible route that is either: consistent with the requirements of CBC Chapter 1 lA; or not be less than 40 inches wide and not have a slope greater than one unit vertical in 20 units horizontal.

3. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11 A.

4. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following: consistent with the requirements of CBC Chapter 11 A; or the width of the level area on the side to which the accessible entrance door swings shall extend 24 inches past the strike edge of the door.

5. The exterior accessible entry door that is either: consistent with the requirements of CBC Chapter 1 lA, or has a 34-inch net clear opening.

6. A second exterior door that is installed in a manner so that it is accessible as provided in this section with a 32-inch net clear opening.

7. Where at least one eyehole is provided in the accessible entry door, one shall be at standard height and a second one shall be between 42 inches and 44 inches from the finished floor. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.070 Standards - Interior routes.

A. New Construction - Mandatory to Install. There are no mandatory installations related to interior routes in a visitable residential dwelling.

B. New Construction - Mandatory to Offer. The following options for accessible interior routes on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

1. At least one acce.ssible route through the hallways consistent with the requirements of CBC Chapter 1 lA from the accessible entrance of the dwelling unit to the primary entry level powder room or bathroom, a common use room, and the kitchen if located on the primary entry level.

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

Page 82 ends

2. No sunken or raised area in the bathroom or powder room, the common use room, and the kitchen, if on the primary entry level, on an accessible route.

3. Handrails installed in a manner consistent with CBC Chapter 1 lA on one or both sides of the accessible route, at the option of the purchaser/owner.

4. Handrail reinforcement installed on one or both sides of the accessible route.

5. An accessible route with a minimum width of 42 inches. A 39-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room, or kitchen, if on the primary entry level, that must be accessible have a minimum clear door opening of 34 inches, and a 36-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room, or kitchen on the primary entry level that must be accessible have a minimum clear door opening of 36 inches. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.080 Standards - Primary floor powder room/bathroom entry and facilities.

A. New Construction- Mandatory to Install. There are no mandatory installations related to the powder room, bathroom and other facilities in a visitable residential dwelling.

B. New Construction - Mandatory to Offer. The following options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:

1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a visitable residential dwelling, which complies with the requirements of CBC Chapter 1 lA.

2. Clear space in the bathroom or powder room that is either: consistent with the requirements of CBC Chapter l lA; or outside of the swing of the door and either a 48-inch circle, 48 inches by 60 inches or a 60-inch diameter circle, at the option of the purchaser/owner.

3. Grab bar reinforcement consistent with CBC Chapter 1 lA for the water closet (toilet) and shower or bathtub.

4. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 1 lA.

5. A bathtub or shower meeting the requirements of ANSI A 11 7 .1.

6. Grab bars installed in a manner consistent with CBC Chapter 1 lA for the water closet (toilet), shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner.

7. A lavatory or sink installed consistent with CBC Chapter 1 lA.

8. A water closet (toilet) installed consistent with CBC Chapter 1 lA.

9. Removable cabinets under the lavatory/sink.

10. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter 1 lA. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.090 Standards - Kitchen and facilities.

A. New Construction - Mandatory to Install. There are no mandatory installations related to kitchen and facilities in a visitable residential dwelling.

B. New Construction- Mandatory to Offer. If there is a kitchen on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code Page 83/85
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

1. An accessible route to the kitchen, with a pathway through the kitchen to the stove, oven, or combination stove-oven consistent with the requirements of CBC Chapter 1 lA.

2. One or more of the following, at the purchaser/owner's option: at least a 48-inch by 60-inch clear space in front of a stove at the base of a U-shaped kitchen; or at least a 30-inch by 48-inch clear space in front of the sink (counting open access underneath, if available); or at least one 18-inch-wide breadboard and/or at least 18 inches in counter space at a 34-inch height, or any combination thereof, at the option of the purchaser/owner.

3. Sink controls not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11 A.

4. Adjustable sink and/or removable under-sink cabinets consistent with Chapter 1 lA.

5. Hood fan controls at light switch level or lower level. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.100 Standards - Common use room.

A. New Construction - Mandatory to Install. There are no mandatory installations related to a common use room in a visitable residential dwelling.

B. New Construction-Mandatory to Offer. The following options for the common use room on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25 .140:

1. At least one common use room, such as a dining room or living room, on the accessible route. Sunken or raised areas not exceeding 50 percent of the area of the room's floor space shall be permitted as an option of the purchaser/owner in a common use room on the accessible route when an accessible route connects a usable portion of the common use room to the accessible bathroom or powder room and the accessible exterior entrance door.

2. No sunken areas in a common use room on an accessible route.

3. Standards related to access to and flatness of any other common area room on the primary entry level. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.110 Standards - Bedroom.

A. New Construction - Mandatory to Install. There are no mandatory installations related to a bedroom in a visitable residential dwelling.

B. New Construction -Mandatory to Offer. If there is a bedroom on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

At least one bedroom on the accessible route of travel with all components meeting the requirements of NCC

4.25.130. A closet shall have at least a 32-inch net opening and adjustable closet rods and shelving. A family room or den may satisfy this bedroom requirement if a sleeping structure (such as a bed, futon, hide-away, or Murphy bed) can be placed in the room and if the room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8- 2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.120 Standards - Miscellaneous areas.

A. New Construction - Mandatory to Install. There are no mandatory installations related to miscellaneous areas of a visitable residential dwelling.

B. New Construction - Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

Page 84 ends

If on the primary entry level, miscellaneous areas or facilities (such as a patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.130 Standards - General components.

A. New Construction - Mandatory to Install. There are no mandatory installations related to general components of a visitable residential dwelling.

B. New Construction -Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:

1. An accessible route in an interior room or hallway, interior doors or openings for rooms and routes of travel required to be accessible consistent with CBC Chapter 1 lA.

EXCEPTIONS: A 34-inch clear doorway width may be requested from a hallway with a 39-inch width, and a 36-inch clear doorway width may be requested from a hallway with a 36-inch width.

2. Hand-activated door hardware not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11 A.

3. Rocker light switches and controls or light switches and controls meeting the requirements of ANSI Al 17 .1 or CBC Chapter 11 A.

4. The installation of all receptacle outlets, lighting controls and environmental controls throughout the residential dwelling unit must comply with CBC Chapter 1 lA or applicable provisions of the California Electrical Code.

5. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 1 lA.

6. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter 1 lA are not feasible and that a less wide accessible route is necessary, a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser/owner if it meets at least one of the following requirements and if the hallway is not less than 36 inches in width:
a. The entry door to the room must be at the end of a hallway or passageway, or open directly from another room on an accessible route of travel, so that no tum of 90 degrees or more is necessary to enter the room.
b. The hallway wall opposite the room must be inset enough to allow an area of at least eight inches deep with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch by 60-inch notch or alcove).
c. The hallway wall on the same side as the room must be inset enough to allow an area of at least eight inches deep with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch by 60-inch notch or alcove).
d. The hallway wall directly opposite the room door must open to another room with at least a 60-inch opening on a level with the accessible passageway or hallway.

NOTE: Doors or openings to the rooms required to be accessible may be wider and the notch or alcove smaller if equivalent access is not impeded. In addition, for a doorway at the end of a hallway, or in other circumstances, the notch or alcove need not be centered on the doorway if equivalent access is not impeded.

7. Flooring throughout the residential dwelling unit consistent with CBC Chapter 11 A.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

Page 85 ends

8. Standards pertaining to residential structures from ANSI Al 17.1 may be used throughout this chapter when CBC Chapter 1 lA does not contain specific standards or when the ANSI standards are equivalent to the Chapter 1 lA standards. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.140 Standards -New construction - Permissive options.

A. The developer or builder of a visitable residential dwelling must offer an opportunity to select any of the features listed in this chapter to an owner or prospective owner of a visitable residential dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified.

B. The developer or builder of a visitable residential dwelling shall construct or install any requested features identified in this chapter unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder.

C. The developer or builder of a visitable residential dwelling, at his or her option, may offer or utilize standards for structural or design features, components or appliances and facilities, including but not limited to ANSI standards, which meet or exceed Chapter 1 lA and which offer greater availability, access or usability, and these are deemed to be in compliance with this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019- 1 § 1, 2-12-2019)

4.25.150 Enforcement.

A. It is unlawful for any person or entity to fail to comply with the requirements of this chapter.

B. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief.

In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.

C. Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punished as such in accordance with NCC 1.04.010.

D. Enforcement pursuant to this section shall be undertaken by the City through its Community Development Director and the City Attorney.

E. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil, criminal, or administrative. The remedies provided herein shall be cumulative and not exclusive.

F. Whenever the Building Official or designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which is governed by this chapter to determine compliance with this chapter, the Building Official may assess fees against the owner to recover the costs to the City according to a fee schedule established by the City. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this chapter or applicable State laws or regulations. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.160 Purchaser opt-out option.

The purchaser(s) may file a letter with the City of Newman and the developer with their desire to forgo any or all of the mandatory installation features required under this chapter. Such letter shall relieve the developer of only those mandatory features listed in the purchaser(s) letter; all other mandatory items shall be installed. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019) The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024:

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10. b.

City Council Meeting
of September 9, 2025

UPDATE TO THE PERSONNEL RULES FOR CITYWIDE EMPLOYEES
RECOMMENDATION:

Adopt Resolution No. 2025- , amending rules and regulations for the administration of a merit personnel system for the City of Newman.

BACKGROUND:

Personnel Rules refer to the policies, procedures, and regulations that govern the management of human resources.

These rules establish the framework for hiring, managing, evaluating, disciplining, and terminating employees, as well as defining employee rights, benefits, and workplace conduct. They are designed to ensure fairness, compliance with State and Federal laws, and alignment with the principles of merit-based employment, while also addressing the specific needs of the local government entity.

In September 1976, the City Council adopted Rules and Regulations for the Administration of a Merit Personnel System "Personnel Rules" for the City. Over the years, several minor amendments have been incorporated. The last significant update was performed in 2010. In 2014, the last minor amendment was adopted to reflect changes to stand-by pay for non-police personnel, resulting from a modification to the Memorandum of Understanding between the city and the Miscellaneous Bargaining Group.

ANALYSIS:

In an effort to provide a comprehensive review and update of the Personnel Rules, City staff worked with legal counsel recommended by our risk management association. This review focused on ensuring compliance with changes in both State and Federal employee laws. The updated rules were shared with the City's bargaining groups, and a joint meeting was held to accept their comments and answer any questions. Following the meeting, the City made some minor changes based on the comments from the bargaining groups. The final draft was sent to the groups on August 7th with a request to have any final comments or suggestions returned no later than August 25th. Two of three bargaining groups sent an email confirming they found the changes acceptable.

FISCAL IMPACT:

While there will not be a direct fiscal impact, ensuring the Personnel Rules are in full compliance with State and Federal laws will reduce the City's exposure to potential lawsuits due to non-compliance with State and Federal laws.

CONCLUSION:

Personnel Rules provide a structured approach to managing public employees, ensuring transparency, accountability, and compliance with legal standards such as the California Government Code, the Fair Employment and Housing Act (FEHA), and federal laws like the Americans with Disabilities Act (ADA). The City's Personnel Rules were in need of a comprehensive review and update to ensure compliance with updated laws and regulations.

To ensure transparency, the update process incorporated the City's three bargaining groups. With no final comments or questions from the bargaining groups, staff recommends that the Council adopt Resolution No. 2025- , amending rules and regulations for the administration of a merit personnel system for the City of Newman.

ATTACHMENTS:

1. Resolution No. 2025 - , amending rules and regulations for the administration of a merit personnel system for the City of Newman.

2. Copy of the updated Personnel Rules.

Respectfully submitted,
~cCity ~~ Manager
RESOLUTION NO. 2025-

A RESOLUTION AMENDING RULES AND REGULATIONS FOR THE ADMINISTRATION

OF A MERIT PERSONNEL SYSTEM FOR THE CITY OF NEWMAN
I
WHEREAS, the City Council, on September 9, 1976, adopted Resolution No. 76-45, A Resolution Adopting Rules And Regulations For The Administration Of A Merit Personnel System For The City Of Newman; and
WHEREAS, Personnel Rules refer to the policies, procedures, and regulations that govern the management of human resources; and.

WHEREAS, the Personnel Rules establish the framework for hiring, managing, evaluating, disciplining, and terminating employees, as well as defining employee rights, benefits, and workplace conduct.; and
WHEREAS, City staff worked with legal counsel to conduct a comprehensive review and revision of the Personnel Rules to ensure compliance with State and Federal laws and regulations; and WHEREAS, the City shared the drafted version of the updated Personnel Rules with the three bargaining groups that represent the City's employees; and WHEREAS, minor changes were incorporate as a result of feedback received from the bargaining groups; and
WHEREAS, City staff received correspondence from two bargaining groups indicating support for the update to the Personnel Rules;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman does hereby amend the rules and regulations for the administration of a merit personnel systems for the City of Newman as presented in the Personnel Rules attached hereto.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 9th day of September, 2025 by Council Member who moved its ad.option, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
12997518.3 NE050-007

PERSONNEL RULES
Resolution No. 2010-32
Adopted 05/11 /201 O
Resolution No. 2014-40
Last Amended 06/24/2014
[insert resolution and amended date]
CHAPTER 1 - GENERAL .............................................................................•........................ 6 SECTION 101 -ADOPTION OF RULES AND REGULATIONS ......................... 6 SECTION 102 - ADMINISTRATION OF THE MERIT SYSTEM ......................... 6 SECTION 103 - PURPOSE AND POLICY .............................................................. 6 SECTION 104 - PERSONNEL POLICY/EQUAL OPPORTUNITY ..................... 6 SECTION 105 - EMPLOYMENT CONSTITUTES ACCEPTANCE OF
RULES ................................................................................................................ 7 SECTION 106 - CONFLICT BETWEEN PERSONNEL RULES AND
MEMORANDUM OF UNDERSTANDING (MOU) ....................................... 7 SECTION 107 - REASONABLE ACCOMMODATION AND
INTERACTIVE PROCESS .............................................................................. 7 CHAPTER 2 - DEFINITIONS .................................................................................................. 12 SECTION 201 - DEFINITION OF TERMS ............................................................... 12 CHAPTER 3 - EMPLOYMENT .............................................................................................. 14 SECTION 301 - RECRUITMENT .............................................................................. 14 SECTION 302 - PROCEDURES ............................................................................... 14 SECTION 303 - APPLICATION ................................................................................ 16 SECTION 304 - SELECTION PROCESS ............................................................... 16 SECTION 305 - INELIGIBILITY OR DISQUALIFICATION .................................. 17 SECTION 306 - CATEGORIES OF APPOINTMENT ............................................ 17 SECTION 307 - REAPPOINTMENTS ...................................................................... 19 SECTION 308 - CONTINUED EMPLOYMENT ...................................................... 19 SECTION 309 - REGULAR EMPLOYEE PERFORMANCE REPORTS ........... 19 SECTION 310 - TRANSFER ..................................................................................... 19 SECTION 311 - PROMOTION .................................................................................. 19 SECTION 312 - DEMOTION ..................................................................................... 20 SECTION 313 - OUTSIDE EMPLOYMENT ............................................................ 20 SECTION 314 - EMPLOYMENT OF RELATIVES, SPOUSES,
DOMESTIC PART NE RS ................................................................................. 20 CHAPTER 4 - TERMINATION OF EMPLOYMENT .......................................................... 23 SECTION 401 - TERMINATION; RESIGNATION ................................................. 23 SECTION 402 - TERMINATION; ABSENCE WITHOUT LEAVE ....................... 23 SECTION 403 - TERMINATION; LACK OF WORK OR FUNDS ....................... 23 SECTION 404 - TERMINATION; NON-DISCIPLINARY ACTION ...................... 24 SECTION 405 - TERMINATION; DISCIPLINARY ACTION ................................ 24 SECTION 406 - TERMINATION; JOB
ABANDONMENT ............................................................................................. Er ror! Bookmark not defined.

SECTION 407 - RETIREMENT; APPLICABLE REGULATIONS ....................... 24 Adopted- May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
1 SECTION 408 - EXIT INTERVIEWS AND FINAL PAYCHECK .......................... 24 CHAPTER 5 - COMPENSATION AND HOURS ................................................................ 26 SECTION 501 - EMPLOYEE COMPENSATION PLAN ....................................... 26 SECTION 502 - ADMINISTRATION AND REVIEW OF EMPLOYEE
COMPENSATION PLAN ................................................................................ 26 SECTION 503-APPLICATION OF SALARY RANGES AND RATES ............. 26 SECTION 504-ADVANCEMENT WITHIN A SALARY RANGE ....................... 27 SECTION 505 -TIME INTERVALS FOR SUBSEQUENT SALARY
INCREASES ...................................................................................................... 27 SECTION 506 - STANDARD WORK PERIODS .................................................... 27 SECTION 507 - EXCEPTIONS TO STANDARD WORK PERIODS .................. 28 SECTION 508 - ATTENDANCE ................................................................................ 28 SECTION 509 - PAY PERIODS ................................................................................ 28 SECTION 510 - COMPUTATION OF SALARY ..................................................... 29 SECTION 511 - OVERTIME ...................................................................................... 29 SECTION 512 - OVERTIME EXCEPTIONS ........................................................... 29 SECTION 513 - CALLBACK TIME .......................................................................... 30 SECTION 514- STAND-BY PAY: POLICE ............................................................ 30 SECTION 515 - STAND-BY PAY: NON-POLICE ................................................. 30 SECTION 516 - DEDUCTIONS FROM PAY .......................................................... 31 SECTION 517 - PAID HOLIDAYS ............................................................................ 31 SECTION 518 - COMPENSATION DURING ATTENDANCE AT

TRAINING COURSES DURING VACATION, HOLIDAYS, AND
DAYSOFF ......................................................................................................... 32 SECTION 519 - EDUCATION INCENTIVE ............................................................. 32 SECTION 520 - COMPENSATION FOR USE OF PRIVATE
AUTOMOBILE IN CITY BUSINESS ............................................................. 33 SECTION 521 - UNIFORM ALLOWANCE ............................................................. 33 SECTION 522- INCENTIVE PAY; CONFIDENTIAL AND
SUPERVISORY ................................................................................................ 34 SECTION 523 - CONVERTING COMPENSATORY TIME .................................. 34 CHAPTER 6 - SICK LEAVE .................................................................................................. 35 SECTION 601 - STATEMENT OF POLICY ............................................................ 35 SECTION 602 - ELIGIBILITY .................................................................................... 36 SECTION 603 - ACCRUAL ....................................................................................... 37 SECTION 604 - DEDUCTION ................................................................................... 37 SECTION 605 - USE AND ACCUMULATION ....................................................... 37 SECTION 606 - BEREAVEMENT LEAVE .............................................................. 38 SECTION 607 - LEAVE FOR PREGNANCY, CHILDBIRTH OR
RELATED MEDICAL CONDITIONS ............................................................. 38 SECTION 608 - LEAVE FOR REPRODUCTIVE LOSS ....................................... 39 SECTION 609 - INDUSTRIAL INJURY LEAVE- SWORN POLICE AND FIRE DEPARTMENT PERSONNEL ............................................................. 40 Adopted· May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
2 SECTION 610 - INDUSTRIAL INJURY LEAVE-ALL OTHER
EMPLOYEES .................................................................................................... 41 SECTION 611 - LIGHT DUTY ASSIGNMENTS ..................................................... 42 SECTION 612 - WELLNESS INCENTIVE PLAN .................................................. 42 SECTION 613 - FORFEITURE UPON TERMINATION ........................................ 43 SECTION 614 -TRANSFER OF SICK LEAVE BETWEEN
EMPLOYEES .................................................................................................... 43 CHAPTER 7 -VACATION LEAVE ........................................................................................ 44 SECTION 701 - USE OF VACATION ...................................................................... 44 SECTION 702 - ELIGIBILITY .................................................................................... 44 SECTION 703 - VACATION ACCRUAL ................................................................. 44 SECTION 704 - HOLIDAYS FALLING DURING VACATION ............................. 45 SECTION 705 - VACATION AT TERMINATION ................................................... 45 SECTION 706 - EFFECT OF EXTENDED MILITARY LEAVE ............................ 45 SECTION 707 - VACATION - INDUSTRIAL INJURY ........................................... 45 CHAPTER 8 - OTHER LEAVES OF ABSENCE ................................................................ 46 SECTION 801 - LEAVE OF ABSENCE WITHOUT PAY ..................................... 46 SECTION 802 - MILITARY LEAVE OF ABSENCE .............................................. 46 SECTION 803 - FAMILY CARE AND MEDICAL LEAVE .................................... 46 SECTION 804 - EMPLOYEE'S TIME OFF TO VOTE ........................................... 59 SECTION 805 - LEAVE FOR ATTENDANCE AT INDUSTRIAL

ACCIDENT COMMISSION HEARINGS OR RELATED
PHYSICAL EXAMINATIONS ......................................................................... 59 SECTION 806 - MANAGEMENT LEAVE ................................................................ 60 SECTION 807 - JURY DUTY/SUBPOENA ............................................................. 60 SECTION 808 - LEAVE FOR CRIME VICTIMNICTIM FAMILY
MEMBER ........................................................................................................... 60 SECTION 809 - SCHOOL OR LICENSED DAY CARE ACTIVITY
LEAVE ................................................................................................................ 63 SECTION 810 - SCHOOL SUSPENSION LEAVE ................................................ 63 CHAPTER 9 - PROBATIONARY STATUS ......................................................................... 64 SECTION 901 - PROBATIONARY PERIOD .......................................................... 64 SECTION 902 - OBJECTIVE OF PROBATIONARY PERIOD ............................ 64 SECTION 903 - PROBATIONARY EMPLOYEE PERFORMANCE
REPORTS .......................................................................................................... 64 SECTION 904 - REJECTION OF PROBATIONER FOR AN ORIGINAL
APPOINTMENT ................................................................................................ 64 SECTION 905 - REJECTION FOLLOWING PROMOTION ................................. 65 CHAPTER 10 - DISCIPLINARY PROCEEDINGS .............................................................. 66 Adopted: May 17, 2010
last Amended- [add adoption date]
12997518.3 NEOS0-007
3 SECTION 1001 - DISCIPLINARY ACTION; DEFINITION ................................... 66 SECTION 1002 - CAUSES FOR DISCIPLINARY ACTION ................................. 66 SECTION 1003 - DISCIPLINARY ACTION ............................................................ 67 SECTION 1004 - RIGHT TO APPEAL .................................................................... 69 SECTION 1005 - EFFECT OF CERTAIN DISCIPLINARY ACTIONS ............... 72 SECTION 1006 - RELEASE OF INFORMATION RELATIVE TO
DISCIPLINARY ACTION AGAINST MUNICIPAL EMPLOYEES ............ 72 CHAPTER 11 - GRIEVANCE PROCEDURES ................................................................... 74 SECTION 1101 - PURPOSE OF CHAPTER .......................................................... 74 SECTION 1102- MATTERS SUBJECT TO GRIEVANCE
PROCEDURES ................................................................................................. 74 SECTION 1103 - INFORMAL GRIEVANCE PROCEDURE ................................ 74 SECTION 1104 - FORMAL GRIEVANCE PROCEDURE .................................... 75 SECTION 1105 - CONDUCT OF GRIEVANCE PROCEDURE ........................... 75 CHAPTER 12 - SUBSTANCE USE AND REHABILITATION .......................................... 76 SECTION 1201 - POLICY .......................................................................................... 76 SECTION 1202 - DRUG AND ALCOHOL TESTING ............................................ 77 SECTION 1203 - SMOKING POLICY ...................................................................... 79 CHAPTER 13 - WORKING CONDITIONS/MISCELLANEOUS ...................................... 80 SECTION 1301 - REPORTS OF CHANGE OF STATUS ..................................... 80 SECTION 1302 - EMPLOYEE REST BREAKS ..................................................... 80 SECTION 1303 - POLITICAL ACTIVITY ................................................................ 80 SECTION 1304 - CONFLICTS OF INTEREST ...................................................... 80 SECTION 1305 - GRATUITIES ................................................................................. 80 SECTION 1306 - POLICY AGAINST VIOLENCE IN THE WORKPLACE ........ 80 SECTION 1307 - PERSONNEL FILES ................................................................... 82 CHAPTER 14- COMPUTER SYSTEM /TELEPHONE I COMMUNICATION
DEVICES USAGE POLICY ........................................................................................ 85 SECTION 1401 - GENERAL ..................................................................................... 85 SECTION 1402 - CONFIDENTIAL INFORMATION .............................................. 85 SECTION 1403 - INTERNET ..................................................................................... 86 SECTION 1404 - SOFTWARE .................................................................................. 86 SECTION 1405 - HARASSMENT VIA COMPUTER ............................................. 86 SECTION 1406 - TELEPHONE I COMMUNICATION DEVICES ....................... 86 SECTION 1407 - USE OF A PERSONAL CELLULAR TELEPHONE
FOR INCIDENTAL CITY BUSINESS ............................................................ 87 SECTION 1408 - USE OF COMMUNICATION DEVICES WHILE
OPERATING VEHICLES ................................................................................ 87 SECTION 1409 - CONFORMANCE WITH POLICY AND PROHIBITED
Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
4 PERSONAL USE .............................................................................................. 88 SECTION 1410 - RIGHT TO ACCESS AND DISCLOSE ANY AND ALL COMMUNICATIONS ........................................................................................ 88 SECTION 1411 - SAFEKEEPING OF RETURN OF COMMUNICATION
DEVICES ............................................................................................................ 89 CHAPTER 15 - VEHICLE USE POLICY ............................................................................. 90 SECTION 1501 - GENERAL ..................................................................................... 90 CHAPTER 16- POLICY AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION; COMPLAINT PROCEDURE ......................................................... 91 SECTION 1601 - PURPOSE ..................................................................................... 91 SECTION 1602 - COVERED INDIVIDUALS AND SCOPE OF POLICY ........... 91 SECTION 1603 - DEFINITIONS ................................................................................ 92 SECTION 1604 - COMPLAINT PROCEDURE ...................................................... 94 SECTION 1605 - JUVENILES ................................................................................... 97 Adopted: May 11, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
5 CHAPTER 1 - GENERAL
SECTION 101 - ADOPTION OF RULES AND REGULATIONS
The following Rules and Regulations ("Personnel Rules") have been approved by the City Council by Resolution No. 99-39 pursuant to the authority granted by Ordinance No. 295 adopted on August 10, 1976 by the Newman City Council in order to establish an equitable and uniform procedure for dealing with personnel matters, and to place municipal employment on a merit basis so that the most qualified available people may be brought into and retained in the municipal service. The Personnel Rules do not create any contractual rights, or an express or implied employment contract between the City and the individuals covered by these Rules and Regulations.

The City retains full and exclusive authority and discretion to modify the Personnel Rules at any time in accordance with law.

SECTION 102 -ADMINISTRATION OF THE MERIT SYSTEM
The City Manager is the Personnel Officer and shall administer the Merit Personnel System in accordance with the provisions of Ordinances No. 295 and 286.

The general control and supervision over the same is vested in the City Manager, whereby the power to appoint all officers, heads of departments, and the employees of all City departments, and to remove the same for cause, is subject to the Personnel Rules.

SECTION 103- PURPOSE AND POLICY
The objective of the Personnel Rules is to facilitate effective and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal service. The Personnel Rules set forth in detail those procedures, which insure equal treatment for applicants and employees, and define the obligations, rights, privileges, benefits and prohibitions placed upon all employees in the municipal service.

SECTION 104- PERSONNEL POLICY/EQUAL OPPORTUNITY
It is hereby the declared personnel policy of the City of Newman that:
a) The City of Newman affords equal opportunity for all qualified employees and application to all terms of employment with the City, including, but not limited to, compensation, hiring, training, promotion, transfer, discipline, and termination. b) The City prohibits discrimination against employees and applicants for employment on the basis of race, sex, gender, creed, color, religion, age (40 and over), marital status, sexual orientation, medical condition, including genetic characteristics, Adopted· May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
6 reproductive health decision-making, disability, national origin or ancestry. c) Efforts shall be made to attract and assist such under-represented persons in the workforce to qualify for employment and promotion with and within the City of Newman.
d) Continuance of Employment shall be subject to good behavior, satisfactory work performance, need for work and the availability of funds.

Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the Equal Employment Opportunity Commission ("EEOC"), or the Civil Rights Department ("CRD").

SECTION 105- EMPLOYMENT CONSTITUTES ACCEPTANCE OF RULES By accepting employment with the City of Newman, each employee agrees to read, be governed by and to comply with the Personnel Rules and any other policies, regulations or procedures established by the Personnel Officer pursuant thereto and rules, regulations, and directives of the department in which he/she is employed.

All employees holding a position in the municipal service shall be subject in all respects to the provisions herein.

Each employee must sign a statement of receipt acknowledging the following:
(1) they have received a copy, or has been provided access to the Personnel Rules; and (2) they understand that they are responsible for reading and becoming familiar with the contents of the Personnel Rules, as they are currently drafted as well as with all subsequent revisions to the Personnel Rules.

SECTION 106 - CONFLICT BETWEEN PERSONNEL RULES AND MEMORANDUM

OF UNDERSTANDING (MOU)
If a provision of these Personnel Rules conflicts with any provision of a valid Memorandum of Understanding between the City and a recognized employee organization, the provision of the MOU that is in conflict with the provision of the Personnel Rules shall apply to employees who are covered by that MOU.

SECTION 107 - REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS Section 107.1 - Reasonable Accommodation
Absent the imposition of undue hardship to the City or its operations or the existence of a direct threat to either the health and safety of employee requesting the Adopted: May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
7 accommodation or others, the City will provide reasonable employment-related accommodations to the following employees and applicants for employment:
(a) Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
(b) Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider; and
( c) An employee who is a victim of a qualifying act of violence to promote the safety of the employee while at work; (see Sick Leave Policy for definition of qualifying act of violence) and
(d) Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement.

Section 107 .2 - Supporting Documentation or Certification Section 107 .2.1 - Reasonable Medical Documentation of Disability If the disability or the need for reasonable accommodation is not obvious, the City may require the individual requesting such accommodation to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual's health care provider. If the individual provides insufficient documentation, the City will do the following: (1) explain the insufficiency of the documentation provided; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue with the documentation provided; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.

Section 107 .2.2 - Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two business days after the employee's request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains: (1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.

Section 107 .2.3 - Certification of Victim Status
Adopted- May II, 2010
last Amended- [add adoption date]
12997518.3 NE050-007
8 An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for their safety while at work must provide both of the following:
(a) A written statement signed by the employee or an individual acting on the employee's behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
(b) A certification demonstrating the employee's status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee's victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.

Section 107 .3 - Fitness for Duty Examinations
Section 107 .3.1 - Applicants
After the City extends a conditional offer of employment to an applicant, the City may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that he/she may submit such second opinions for consideration.

Section 107 .3.2 - Current Employee
(a) The Personnel Officer may require an employee to submit to a fitness for duty examination in order to determine whether the employee has a disability and is able to perform the essential functions of their job when there is significant evidence of the following: The employee's ability to perform one or more essential functions of their job has declined; or
(b) An observable incident or reliable information raises a reasonable concern that the employee may be unable to perform one or more essential job functions safely or effectively, with or without reasonable accommodation.

Should the health care provider exceed the scope of the City's request and provide confidential health information, without valid consent of the applicant or employee, the City return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.

Adopted- May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
9 Section 107 .3.4 - Authorization for Use of Medical Information During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's medical history, diagnoses, or course of treatment without an employee's written authorization.

Section 107 .3.5 - Medical Information from the Employee or Applicant If an employee or applicant submits medical information to the City from their own health care provider, the Personnel Officer will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant's written authorization.

Upon receipt of the written authorization, the Personnel Officer will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.

Section 107.4 - Interactive Process
Section 107 .4.1 - When to Initiate the Interactive Process The Personnel Officer will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
(b) The City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor's note requesting an accommodation), or by observation of the employee's work;
( c) The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers' compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee's health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation; (d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
(e) An employee with a physical or mental disability, regardless of cause, fails to · return to work following pregnancy disability leave;
(f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work;
Adopted- May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
10 (g) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or (h) An employer is aware of the need for a reasonable accommodation for an employee or applicant's religious beliefs, observance or practices.

Section 107 .4.2 - Interactive Communication
After the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting, the Personnel Officer will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and their designated representative, (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The Personnel Officer will document these communications in writing.

Section 107 .4.3 - Determination
After the interactive process communications, the Personnel Officer will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant's or employee's preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Personnel Officer will inform the applicant or employee of their determination in writing. The Personnel Officer will use their discretion based upon the particular facts of each case.

Section 107 .4.3 - Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Personnel Officer, the City's legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to federal and state law.

Adopted: May 17, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
11 CHAPTER 2 - DEFINITIONS
SECTION 201 - DEFINITION OF TERMS
The following terms whenever used in the Personnel Rules shall be defined as follows.
"Administrative Leave" shall mean leave with pay granted to an employee at management's discretion which is not charged against the employee's leave accounts. "Classification Plan" shall mean a list of titles of the classes of all regular positions in the municipal service and a written specification which shall include the class title and general description of the work, a summary statement of duties and responsibilities, and desirable qualifications for appointment, and may include such other pertinent information as the City Manager may deem desirable.
"Continuous Service" shall mean employment on a regular basis which is not interrupted by termination, or leaves of absence without pay for a period in excess of one year, other than military leave.
"Discharge" shall mean disciplinary termination of employment. "Disciplinary Probation" shall mean a form of disciplinary action, as distinguished from probation for new employees as set forth in SEC. 901 for a specified time not to exceed one year. Persons placed on disciplinary probation may be terminated for failure to meet requirements. Rights, benefits and privileges may be reduced in conformance with Chapter 10)
"Demotion" shall mean the movement of an employee from one class to another class having a lower maximum rate of pay.
"Department Head" shall mean the head of the relevant City department. "Eligibility List" shall mean a list of applicants who, in addition to the recommended applicant(s), have been assessed as suitable for the position by the selection panel, in order of their relative merit for the position. An eligibility list may be used to fill the same position or a position that is substantially the same, for a period of six (6) months after the list was created. An eligibility list created by one department can also be used by other departments as long as the position is substantially the same as the position the list was created for.
"City" shall mean the City of Newman
"Examination" shall be defined as the following:

Adopted· May !!, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
12 1. "Open competitive examination" shall mean an examination for a particular class which is open to all persons meeting the qualifications for the class.

2. "Promotional examination" shall mean an examination for a particular class, with admission to the examination being limited to regular and probationary employees of the City who meet the qualifications of the class.

3. "Continuous examination" shall mean an open competitive examination which is administered periodically as a result of which names are placed on an eligiblity list, in order of final scores, for a period of not more than one year.
"Management Leave" shall mean leave with pay granted to designated management or supervisory employees classified as salaried employees. "Pay status" shall mean the period in which an employee is at work, on vacation leave, sick leave, compensation leave as the result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, paid temporary military leave or absence, or on an approved leave of absence with pay. "Performance Review Date" shall mean the date an employee shall receive a performance review but not less than annually, usually on the anniversary date of their hire.
"Personnel Officer" shall mean the City Manager or his/her designee. "Promotion" shall mean the movement of an employee from one class to another class having a higher maximum rate of pay.
"Salary Ranges" shall mean a series of progressive steps between a specific minimum and maximum rate.
"Salary Schedule" shall mean the composite of all salary ranges assigned to specific positions in the municipal service.
"Seniority" shall mean continuous service full or part-time from date of hire, based on hours for employment for part-time positions.
"Suspension" shall mean the temporary removal of an employee from pay status for reasons of pending disciplinary action.
"Transfer" shall mean the movement of any employee from one job classification to another wherein the same salary range is assigned to both job classifications.

Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
13 CHAPTER 3 - EMPLOYMENT
SECTION 301 - RECRUITMENT
Recruitment for qualified applicants may be a continuing process in order that, where possible, the City will have available applications of interested, qualified persons for possible employment. Notices of employment opportunities may be placed in newspapers, magazines, announcements, or given to reputable agencies offering services to recruit qualified persons. The City, however, shall not pay any fee or service charge for any applicant who is referred to it by an employment agency.

It is the responsibility of the hiring department head, along with the City Manager to see that all applicants are treated fairly and to ensure that the procedures outlined herein are followed. The Department Head shall be responsible for initiating the recruitment.

SECTION 302 - PROCEDURES
A. Job Announcement
The Personnel Officer will prepare a job announcement to announce a proposed recruitment. The announcement may be posted on the City's website and other locations the Personnel Officer deems appropriate, depending upon whether the recruitment is open to the public or current employees only.

The announcement will include the following:
(a) The title and pay scale for the position;
(b) The nature of the work to be performed and essential job duties of the position; (c) The minimum qualifications, including whether the job is a promotional position; (d) A statement of the employment status of the position - for cause or at-will; ( e) The last date that the Personnel Officer will accept applications, if any; (f) Such other information as determined in the discretion of Personnel Officer.

B. Types of Recruitment

1. Open and Competitive
Open to all applicants who meet the minimum qualifications and other requirements of the position. Open and competitive recruitment may stay open Adopted- May II, 2010
last Amended· [add adoption date]
12997518.3 NEOS0-007
14 for a minimum of fourteen ( 14) calendar days, and should be extended one ( 1) day for any holiday falling within the fourteen ( 14) days.

2. In-house
The Department Head shall have the option to open up any recruitment in-house prior to an open recruitment. If no qualified applicants are found in-house, then open and competitive procedures should be followed. In-house recruitment is open to all City employees who meet the minimum qualifications and other requirements of the position. In-house recruitment may stay open for a minimum of seven calendar days, and should be extended one day for any holiday falling within the seven days.

3. Promotional
Departments may use an in-house recruitment to fill senior, supervisory or management positions when such action is in the best interest of the City.

Promotional recruitment may be open to all City employees or only to the requesting department's employees, as determined appropriate by the department head; or
Departments may use an open and competitive recruitment to fill senior, supervisory or management position.

4. Temporary
a) Open to all applicants who meet the minimum qualifications and other requirements of the position. Temporary recruitment may stay open for seven calendar days, and should be extended one day for any holiday falling within the seven days.
b) Departments may use temporary employment services without open competitive recruitment to fill temporary positions, when such action is in the best interest of the City.

5. Internships
a) Open to all applicants who are attending any college or university within relevant programs and meet the minimum qualifications and other requirements of the position and other employment with the City, as stated in an announcement or position description.
b) Internships may be recruited openly for a minimum of fourteen calendar days or by direct referral from campus placement services, academic advisors, and/or current interns.

Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
15 SECTION 303 -APPLICATION
All candidates for employment shall file a signed application with the Personnel Office on an official City application form. Job applications shall require information describing an individual's training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including, but not limited to, the following: answers to job-related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically or electronically, by the person applying. The application must be completed in full in order to be processed.

SECTION 304 - SELECTION PROCESS
a) The selection process may consist of such recognized techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of work performance, work samples, physical agility tests, review and investigation of personal background and references, finger printing, medical examinations/ drug screening or any combination thereof. The selection process will, in no way, be discriminatory because of race, sex, creed, color, religion, political affiliation, age, marital status, sexual orientation, disability, medical condition, including genetic characteristics, reproductive health decision-making, national origin or ancestry. b) In the event that written examinations are given, a candidate may have the right to inspect his/her own examination paper. Written examinations are only qualifying in nature.
c) Selection techniques will be impartial and consistent. Selection techniques shall relate to those areas which, in the opinion of the Personnel Officer, will adequately and fairly indicate the relative ability and quality of candidates under consideration to execute the duties and responsibilities of the position to which they seek to be appointed.
d) Upon completion of the selection process, the Department Head, with City Manager concurrence, may make an appointment(s) from those candidates who meet the job qualifications and, on the basis of their performance in the selection process, appear most qualified for the position under consideration. The appointment shall not become effective until the selected applicant has signed all official papers required by the City, and those papers bear the appropriate signatures confirming the appointment.

Adopted- May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
16 SECTION 305 - INELIGIBILITY OR DISQUALIFICATION
The Personnel Officer may withdraw from consideration anyone whose appointment would be deemed contrary to the best interest of the City. Reasons for disqualification may include, but shall not be limited to, the following deficiencies:

1. Lack of any of the minimum qualifications established for the position sought.

2. Physical or mental disability, which cannot be reasonably accommodated, such as to render the applicant unfit to perform the essential functions of the position to which appointment is sought.

3. Excessive use of drugs or alcohol where there is a pattern of substance use that impairs the applicant's ability to safety and effectively perform the essential functions of the position.

4. Unlawful use of habit-forming drugs.

5. Conviction of a felony or misdemeanor involving moral turpitude.

6. Dismissal from any previously held position for any cause, which would be cause for dismissal by the City.

7. Resignation from any previously held position to avoid dismissal.

8. Deception or fraud in the application for employment or in the selection process.

9. Request by applicant that his/her name be withdrawn from consideration.

10. Failure to reply within a reasonable time, as specified by the Personnel Office, to a communication concerning availability for employment.

11. Disqualification or unsuitability for employment as specified in any City or pertinent department rules and regulations.

12. Failure to sign application

13. Failure to apply by the established deadline as indicated in the announcement.

SECTION 306 - CATEGORIES OF APPOINTMENT
Employment in the municipal service is divided into the following categories:

Adopted· May 11, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
17 a) At-Will Employees. An at-will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment with the City, and is not entitled to any pre- or post-disciplinary procedural due process or evidentiary appeal. At-will employees include the following employees: City Manager, Assistants to the City Manager, Department Heads, employees designated as part-time, temporary and probationary employees serving in an original appointment.
b) For-Cause Employee. A for-cause employee is an employee who has satisfactorily completed the initial probationary period or the probationary period after being promoted to a higher job classification.

A for-cause employee has a property right in continued employment with the City, and is entitled to pre- and post-disciplinary procedural due process and evidentiary appeals in certain types of disciplinary proceedings that may result in a significant deprivation of property.
c) Regular. Regular employees are those who have been appointed to an authorized position in the Employee Compensation Plan having a monthly salary, and who have successfully completed their probationary period and have been retained as hereafter provided in Chapter 9 of the Personnel Rules. Regular employees may be at-will or for-cause employees. The City Manager shall be considered a regular employee and shall be subject to all of the provisions of the Personnel Rules with the exception of Chapters 1 O and 11.
d) Probationary. Probationary e.mployees are those who, through the regular examination process, have been appointed to an authorized position in the Employee Compensation Plan having a monthly salary, but who have not completed the probationary period provided in Chapter 9 of the Personnel Rules.

Probationary employees serving in an original appointment are at-will employees, and may be suspended, demoted or terminated at any time by the Personnel Officer without notice or cause, and without recourse to the appeal and grievance procedure provided in Chapters 10 and 11 herein.
e) Part-time. Part-time employees are those hired for less than the standard forty (40) hour week and/or paid on an hourly basis. Unless hourly rates are listed and/or advertised for specific part-time employees, they shall be compensated at an hourly rate equivalent to the applicable salary range and step.

Part-time employees are at-will employees, and may be suspended, demoted, or terminated at any time by the Personnel Officer without notice or cause, and without recourse to the appeal and grievance procedure provided in Chapters 10 and 11 herein.
f) Temporary employees are at-will employees, and may be suspended, demoted or Adopted- May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
18 terminated at any time by the Personnel Officer without notice or cause, and without recourse to the appeal and grievance procedure provided in Chapters 1 O and 11 herein.

SECTION 307 - REAPPOINTMENTS
Re-appointment after termination will be considered new employment. However, re-appointments made within six (6) months from the termination date may be made with reinstatement of prior seniority, sick leave and pay rate with prior approval of the City Manager.

SECTION 308 - CONTINUED EMPLOYMENT
Continued employment of employees with the City of Newman shall be subject to good behavior, satisfactory work performance, need for work and the availability of funds.

SECTION 309 - REGULAR EMPLOYEE PERFORMANCE REPORTS
A performance report for each regular employee shall be made at least annually on or prior to the employee's Performance Review Date by the Department Head, or his/her designee, on "City of Newman Performance Evaluation" forms according to the directions thereon. Said report shall be provided to the employee and approved by the Department Head and the City Manager; then forwarded to the Personnel Officer for inclusion in the employee's personnel file.

SECTION 310 - TRANSFER
Any employee may be transferred from one department or division to another based on workload as determined in the sole discretion of the Department Head and City Manager.

SECTION 311 - PROMOTION
Because it is the policy of the City of Newman to encourage the advancement of personnel within the organization, promotional examinations for vacancies will be conducted, as the needs of the City require. Promotional opportunities (available to City employees) will be posted on bulletin boards selected by the Personnel Officer at least seven (7) working days before the selection is made.

Adopted· May 11, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
19 SECTION 312 - DEMOTION
The City Manager or Department Head, with City Manager approval, may demote an employee whose ability to perform their required duties falls below acceptable standards, for a disciplinary reason set forth in Section 1002, when the need for the position filled no longer exists, or when an employee requests such demotion. No employee shall be demoted to a classification for which the employee does not possess the minimum qualifications. When the action is initiated by the Department Head, written notice of demotion shall be given to an employee at least five (5) working days before the effective date of the demotion. Any employee may appeal such action in the manner provided in Section 1004, et seq.

SECTION 313 - OUTSIDE EMPLOYMENT
In order to avoid any perceived or actual conflicts of interest that may arise from outside employment, any regular employee desiring to engage in outside employment shall first obtain non-City conflict job approval from the employee's Department Head.

The employee shall submit a signed statement to the Department Head, naming the prospective employer, address and telephone number, and outlining the proposed duties and hours of work. Approval may be denied if, in the sole discretion of the Department Head, such outside employment is incompatible or in conflict with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer, and shall be re-submitted prior to January 10 each year to maintain a valid, continuous authorization.

Authorization for outside employment is automatically terminated whenever the outside employer and/or nature of outside employment changes from that specified on the signed statement submitted to the Department Head. When such a change occurs, employees shall apply for a new approval for outside employment as provided herein.

SECTION 314- EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC

PARTNERS
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

Section 314.1 - Definitions
(a) "Relative" means child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
(b) "Spouse" means one of two persons to a marriage, or two people who are Adopted· May !I, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
20 registered domestic partners, as those terms are defined by state law. (c) "Supervisory relationship" means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment.

Section 314.2 - Employment of Relatives
The City will not appoint promote or transfer a person to a position within the same department, division, or facility in which the person's relative already holds a position, if any of the following would result:
(a) A direct or indirect supervisory relationship between the relatives; (b) The two employees having job duties which require performance of shared duties on the same or related work assignment;
(c) Both employees having the same supervisor; or
( d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.

Section 314.3 - Spouses or Domestic Partners
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
(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.

Section 314.4 - Relatives or Spouses after Employment
(a) Transfer: If two City employees who work in the same department later become relatives or spouses as defined in Section 314.1, the Personnel Officer 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 Personnel Officer retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security or morale.

The City will not make a transfer that results in a salary reduction unless the Personnel Officer deems it necessary for supervision, safety, security, or morale. Any such transfer that results in a salary reduction is not disciplinary and Adopted: May 11. 2010
Last Amended [add adoption date]
12997518.3 NEOS0-007
21 is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
(b) Separation: If continuing employment of both employees, who work in the same department and who later become relatives or spouses, cannot be accommodated in a manner the Personnel Officer finds to be consistent with the City's interest in the promotion of supervision, safety, security, or morale, then the Personnel Officer 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.

Adopted· May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
22 CHAPTER 4 - TERMINATION OF EMPLOYMENT
SECTION 401 - TERMINATION; RESIGNATION
An employee wishing to leave the service of the City in good standing either by resignation or retirement shall give the department head concerned a minimum of two (2) weeks notice. The written notice may include statement of the reasons for the resignation. Failure to follow the aforementioned procedure may be cause for denying future employment with the City. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the Department Head even if it is submitted less than two weeks prior to the planned resignation.

SECTION 402 - TERMINATION; ABSENCE WITHOUT LEAVE
An employee is deemed to have resigned from their position if they are absent for five (5) consecutive scheduled work days/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee's unauthorized absence.

An employee who promptly responds to the City's written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Department Head before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.

SECTION 403 - TERMINATION; LACK OF WORK OR FUNDS
The City Manager may layoff employees whenever it becomes necessary due to lack of funds or when the City Council determines that it is in the best interest of the City to do so.

Order of Lay off:

Employees may be laid off in the following order: part-time temporary, temporary, probationary, regular part-time and regular full-time and in the inverse order of seniority.

Management reserves the right to make final decisions regarding layoffs. If timely requested by the Association, the Personnel Officer will meet with the Association representatives before the date of implementation of the layoffs to discuss the factors used to identify individual Association members for layoff.

Adopted: May 11, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
23 Bumping:

Any regular full-time employee subject to lay off may exercise bumping rights subject to the following limitations:
1) Only regular full-time employees may exercise bumping rights. 2) Seniority for purposes of bumping shall be defined in the City Personnel Rules 3) An employee subject to lay off may elect to bump into an equal or lower paying classification provided that:
a) The employee previously held regular status in that classification; and b) The employee continues to meet the qualifications for that classification; and
c) The City Manager has the authority to approve or deny any bumping.

SECTION 404 - TERMINATION; NON-DISCIPLINARY ACTION
At-will employees may be terminated by the City at any time, with or without notice, and with or without cause for the convenience of the City. For-cause employees terminated by the City for cause or for the convenience of the City shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in Section 1004 et seq.

SECTION 405 - TERMINATION; DISCIPLINARY ACTION
An employee may be terminated at any time through disciplinary action as provided in Chapter 1 O of these Personnel Rules.

SECTION 406 - RETIREMENT; APPLICABLE REGULATIONS
Retirement from the municipal service shall be subject to the terms and conditions of the City's retirement system, as provided under the State Public Employee Retirement System.

Specific details regarding this retirement plan are available to employees from the Personnel Department.

SECTION 407 - EXIT INTERVIEWS AND FINAL PAYCHECK
The City may request any probationary or regular employee terminating Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
24 employment with the City to attend an exit interview with the Personnel Officer and/or their Department Head on or before the last day of employment for the following purposes:

1. To obtain a forwarding address and other pertinent information from the employee

2. To assure that the employee is well informed about all matters related to employee benefits such as conversion of health and medical insurance, etc.

3. To assure the clearance of all obligations with the City and to verify receipt of all City equipment, keys, identification cards, etc.

4. To obtain an opinion from the employee relative to City working conditions and reasons for severing employment with the City.

Adopted: May II, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
25 CHAPTER 5 - COMPENSATION AND HOURS
SECTION 501 - EMPLOYEE COMPENSATION PLAN
An Employee Compensation Plan shall be established to provide salary schedules, salary rates, salary ranges, and steps and time intervals for salary review.

Each class in the City classification plan shall be assigned a salary range or a rate established in the Compensation Plan. All persons employed by the City shall be compensated in accordance with the Compensation Plan thereby in effect.

SECTION 502 - ADMINISTRATION AND REVIEW OF EMPLOYEE

COMPENSATION PLAN
The City Council shall administer the Employee Compensation Plan for the City Engineer, City Treasurer, City Attorney and City Manager. The Personnel Officer shall administer the Employee Compensation Plan for all other employees.

The Personnel Officer shall recommend to the City Council an appropriate salary range for each class. If the salary range for a class is updated by the City Council, all employees within the class shall have their salaries adjusted to the corresponding step in the new salary range.

SECTION 503 -APPLICATION OF SALARY RANGES AND RATES
a) Appointments. All initial appointments to classes assigned to a pay range in the City Compensation Plan shall begin at the entry step of the salary schedule, except that the City Manager may make an appointment to a higher salary step when, in their opinion, it is difficult to obtain qualified personnel at the starting salary or when the education and experience of the prospective employee is substantially above that required in the entry level position and justifies a salary in excess of the first step. b) Promotion. Any employee receiving a promotion shall start on the first step of the salary range within the class to which he/she is promoted, and shall thereafter be eligible for merit increases as elsewhere provided.

However, if an employee's previous salary is equal to or greater than the first step on the salary schedule to which the employee is promoted, the employee shall be assigned to the step within the salary schedule that provides at least a 5% increase in salary.

If the promotion includes a supervisory position, the promoted employee shall be assigned to a step with an applicable salary above salary level of those supervised.

Adopted· May II, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
26 c) Transfer. A transfer does not affect an employee's salary level.

SECTION 504-ADVANCEMENT WITHIN A SALARY RANGE
An employee shall be considered for salary advancement in agreement with the time intervals established in the Employee Compensation Plan and the following provisions:
a) Automatic. For employees beginning employment at step A, advancement to step B in a salary range shall be automatic and effective on the first day of the payroll period following the successful and satisfactory completion of the probationary period.
b) Merit. A merit pay increase above step 2 within an established grade shall not be automatic but may be recommended by the Department Head, and approved by the City Manager. Merit increases may be granted to employees who have demonstrated exemplary job performance review. To be eligible for a merit pay increase, the employee shall not have received more than two (2) Counseling Letters, a Written Reprimand, or a Suspension within the prior twelve (12) months.

Nothing herein prevents the granting of merit salary increases prior to the normally allotted time intervals established in the employee compensation plan for such reasons as to reward exceptional performance.

Salary adjustments resulting from an employee's promotion or demotion shall be made effective on the first day of the payroll period following or coinciding with the employee's change of position.
c) Time Requirements. For purposes of determining the time requirements specified in the Employee Compensation Plan, time will commence on the first day of the payroll period following or coinciding with entrance into a given position.

SECTION 505 -TIME INTERVALS FOR SUBSEQUENT SALARY INCREASES In the event that an employee's job is reclassified to a lower paying level or the employee's salary is reduced because of inability to meet the standards of a current salary step, the same time intervals for subsequent salary increases as provided in the Employee Compensation Plan shall apply unless special review considerations are established at the time of salary reduction.

SECTION 506- STANDARD WORK PERIODS
The standard work period for employees shall be forty (40) hours to be worked within seven (7) consecutive days ( 168 consecutive hours); unless an alternative work Adopted- May 11, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
27 period has been otherwise agreed upon. The workday for part-time employees shall be established and directed by the Department Head.

SECTION 507 - EXCEPTIONS TO STANDARD WORK PERIODS
The City Manager is hereby authorized to designate other work periods and working hours for employees when, in the City Manager's opinion, the best interest of the city may be served by such adjustment of the standard work periods and hours. a) Flexible Scheduling. Upon approval of the Department Head, and concurrence of the City Manager, employees may be granted flexible scheduling, whereby employees may substitute additional time at work, in increments of thirty (30) minute periods, for an additional day off. Employees must accumulate eight (8) total hours of additional work, in lieu of overtime, for each day off.

SECTION 508 - ATTENDANCE
An overtime-eligible employee shall be in attendance and at work during hours specified by the Department Head. In every case in which an employee is not present for duty, the employee's absence shall be reported by the Department Head to the Personnel Office on the City approved form. All forms shall be forwarded to the Personnel Office.

SECTION 509 - PAY PERIODS
The pay period for all employees shall be semi-monthly and salaries will be paid on approximately the fifteenth and last day of each month. If the scheduled disbursement day falls on a Saturday or Sunday then payday will be the proceeding Friday. The method of distributing payroll checks shall be established by the City Manager.

Salaries will be paid only on regular paydays, unless early payment is approved by the City Manager.

Employees leaving the municipal service will normally be paid on the regular payday following the date of termination and provided that written clearance is obtained from the Department Head and the employee has returned all City-owned tools, clothing, keys and equipment.

Adopted- May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
28 SECTION 510 - COMPUTATION OF SALARY
Salary rates for all authorized City positions are set forth in the Employee Compensation Plan. In the conversion table included in that plan, hourly rates are based on 2080 hours per year.

SECTION 511 - OVERTIME
a) Policy. Overtime is all hours an overtime-eligible employee actually works over forty (40) hours in their designated seven-day work period. Only actual hours worked will be counted towards the 40-hour threshold for purposes of calculating FLSA overtime pay; leave time will not be counted.
b) Procedure. Overtime shall be compensated at a rate of one and one half ( 1 1 /2) times the regular rate of pay, or compensatory time off at the rate of one and one half (1 1/2) hours credit per hour worked to a maximum accrual of eighty (80) hours compensatory time of credit. The City reserves the right to cash out accumulated compensatory time off at any time.
c) Approval. Overtime-eligible employees are not permitted to work overtime except as directed and authorized by their supervisor in advance; or in case of emergency, as determined by the City. Working overtime without prior authorization or approval is grounds for discipline. In emergency situations that necessitate working overtime, the employee must notify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the supervisor denies the request to work overtime, the employee must obey the supervisor's directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures.

All departmental overtime requests for payment shall first be submitted to the Department Head for advance approval if possible. Each department is responsible for providing documentation for overtime payment which shall include: ( 1) reasons for the overtime, (2) date and time overtime was worked, (3) employee's name, (4) department account number, and (5) number of hours worked.

SECTION 512 - OVERTIME EXCEPTIONS
a) Overtime not applicable. Overtime compensation provisions in these Personnel Rules shall not apply to Supervisory Employees, Confidential Employees, Department Heads, Council appointed officers, or any other employees categorized as exempt from the FLSA.

Adopted: May 11, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
29 b) Court Appearances. Court appearances, for sworn personnel, required in the course and scope of employment shall be compensated at time and one half for time spent in court if such appearance is immediately following a regular work shift or if such appearance is set within one hour's time of the beginning of a regular work shift. A court appearance outside of a regularly scheduled duty shift shall be considered overtime and shall be compensated at time and one half.

SECTION 513- CALLBACK TIME
a) Employees other than Supervisory Employees, Confidential Employees, and Department Heads who are required to return to work after completion of their work shift shall receive a minimum of two (2) hours pay at the overtime rate. Sworn police department personnel shall receive a minimum of three (3) hours overtime pay.

Hours worked in excess of the two (2) hours or three (3) hours shall be paid in the manner provided in SEC. 511. Overtime compensation shall commence at the time an employee reaches the place where he/she is directed to report. b) As a convenience to an employee and the employee's use of personal time, the City will provide a cellular phone to any police department employee placed on standby, provided the employee is able to appear for duty within 30 minutes.

SECTION 514-STAND-BY PAY: POLICE
a) Employees assigned to standby during their normal off-duty time of a regularly scheduled duty day shall receive one (1) hour at straight CTO credit for each 24- hour period.

Employees assigned to standby on a regularly scheduled day off shall receive two (2) hours at straight CTO credit for each 24 hour period. A 24-hour period is defined as beginning at 12:00 am and ending at 11 :59 p.m.
b) Employees assigned to one week on standby shall receive eight (8) hours at straight CTO credit.
c) Except for employees on weekly standby, if an employee is called in while on standby, the callout provisions supersede and no standby time will be paid.

SECTION 515- STAND-BY PAY: NON-POLICE
a) Employees assigned to standby shall be provided with cellular phone and shall be able to report to the work site within thirty (30) minutes. Employees on standby shall have the option to trade weeks with another qualified employee, with prior approval of the department head.

Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
30 b) Duties during standby may include two (2) hours on Saturday and two (2) hours on Sunday to clean and inspect City parks and public buildings and other tasks as assigned by the Public Works Director.

SECTION 516 - DEDUCTIONS FROM PAY
Deductions from employee's pay shall be made in accordance with prevailing laws, contract and Personnel Rules established by the Personnel Officer.

SECTION 517 - PAID HOLIDAYS
a) Regular holidays for pay purposes. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off:

1. January 1

2. Martin Luther King Jr's. Birthday

3. President's Day - Third Monday in February

4. Memorial Day - Last Monday in May

5. July 4

6. Labor Day - First Monday in September

7. Veteran's Day

8. Thanksgiving Day

9. The day after Thanksgiving

10. Christmas - December 25

11. Floating Holiday (in lieu of Columbus Day)
When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day named. When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day named.

Whenever an employee (excluding those employees assigned to the 4/11 schedule) is required to work on a fixed holiday or the fixed holiday falls on the employee's regularly schedule day off, the employee shall accrue, on an hour for hour basis, up to a total of eight (8) hours floating holiday time.

For employees assigned to a 4/1 O schedule, whenever a holiday falls on the employee's regularly scheduled work day, a two (2) hour deduction will be made from the employee's regular CTO account, then vacation account. This two (2) hour deduction is necessary to account for the ten ( 10) hour day.

Employees on leave without pay the last scheduled workday before and/or after the first schedule day after a fixed holiday shall not receive holiday pay.

Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
31 b) Police Department Personnel. The first pay period of January, employees assigned to the 4/11 schedule shall be credited with eighty-eight (88) hours of holiday time, reduced by twenty-two (22) hours for payback of the 4/11 schedule, for a net of sixty-six (66) hours. Hours are credits at 5.5 hours per month. When an employee's employment is discontinued, by either the employee or City, any deficit hours used above those earned shall be deducted from the employee's final paycheck.

Employees assigned to the 4/11 schedule are not entitled to any additional compensation when the holiday falls on their regular workday. c) All holiday time in the employee's holiday time account shall be taken as time off or shall be forfeited at the end of the calendar year. (The end of the calendar year is defined as the last day of the last full pay period, on or before December 31.) Holiday time shall not be cashed out upon termination of employment. d) Prior to an employee's promotion to a management classification, all holiday time in excess of fifty (50) hours shall be compensated in cash at straight time rates.

Payments for accrued paid days in lieu of holidays shall be at the employee's regular rate of pay.

SECTION 518 - COMPENSATION DURING ATTENDANCE AT TRAINING

COURSES DURING VACATION, HOLIDAYS, AND DAYS OFF
City employees should feel free to attend training courses available during their vacation, holiday or days off if they so desire. However, compensation for attendance at training courses held during days off (weekends), vacations, or holidays will be authorized only where employees have been directed by their Department Head to attend such, on the following basis:

1. Holidays. Employees directed to attend training course~ on a holiday will be compensated as provided in Sec. 517.

2. Vacation. Employees directed to attend training courses held on their vacation days will be allowed to reschedule their vacation days spent in such training courses in lieu of compensation.

SECTION 519 - EDUCATION INCENTIVE
a) Tuition Reimbursement. Regular city employees are eligible to receive tuition reimbursement for educational purposes which clearly improve their ability to accomplish their City jobs.

Eligibility for such reimbursement shall be applicable to regular employees and shall Adopted· May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
32 be based upon:

1. The satisfactory completion of the course (passing grade of "C") or its numerical equivalent.

2. The course must be offered by an accredited college or university, or must be an approved correspondence course.

3. The course attendance and outside course work will be accomplished on the employee's non-work time.

4. The prior approval of the Department Head and the Personnel Officer. b) Recognition Of Employees Who Complete City Authorized Training Programs.

Employees who complete City authorized job-training programs, either in service or by volunteer study, may receive official City and public recognition by a presentation of any certificate of completion at a regular City Council meeting. It shall be the responsibility of each Department Head to notify the City Manager's office concerning an employees' eligibility for certificate presentation and appropriate scheduling on Council Agenda.

Employees scheduled on the Council Agenda for certificate presentation are encouraged to be in attendance at the council meeting.

SECTION 520 - COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITY

BUSINESS
City employees may receive compensation for use of their personal vehicle in City business in the amounts listed in the Employee Compensation Plan. Use of any private vehicle must be approved by the employee's Department Head in advance and is subject to the provision of appropriate administrative procedure. There will be no authorization for use of City credit cards, gas or other City materials, equipment or supplies in conjunction with the use of a private vehicle.

SECTION 521 - UNIFORM ALLOWANCE
Regular Police personnel required to wear uniforms in the performance of their duties shall receive an allowance as provided in the applicable MOU.

Such allowances are to be used to acquire and maintain the specific departmental uniform in a neat and proper manner. Uniform allowance payments shall be made in equal 1 /24 installments in each pay check. New officers, upon approval of the Police Chief, may draw an advance on their uniform allowance to purchase their uniforms. Should the officer leave city service prior to accruing the uniform allowance advance, such outstanding advances shall be deducted from the officer's final compensation.

Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
33 Other Regular City employees may receive uniform allowances when they are. approved in the budgets of the respective departments.

SECTION 522- INCENTIVE PAY; CONFIDENTIAL AND SUPERVISORY The following incentive pay shall apply to all confidential and supervisory employees as classified by the City Manager:

Bilingual Pay: Employees, who are certified as Bilingual in English-Spanish both spoken and written, shall receive additional compensation as provided in the applicable MOU. Said certification shall be determined by the City. Bilingual employees shall be fluent to a level to easily communicate with Spanish speaking customers and the public on City business matters.

Education: Employees who have obtained a job related Bachelor or Associate of Science or Arts Degree from an accredited college shall receive additional compensation in the amount of three percent (3%) of base pay. Job related degrees may include as appropriate: construction or project management, building science, engineering, water and wastewater management, business administration and accounting. Employees whose job description, notice or advertisement includes the degree as a prerequisite are not eligible for the incentive.

SECTION 523 - CONVERTING COMPENSATORY TIME
Employees other than management, supervisory and confidential shall have the option quarterly of converting compensatory time to cash at the employee's regular rate of pay on an hour for hour basis subject to the following conditions:

1. The employee must have a minimum of twenty (20) hours of accumulated compensatory time;

2. The employee must convert a minimum of twenty (20) hours and a maximum of forty ( 40) hours per quarter.

3. The employee must notify the City of the employee's desire to convert compensatory time to cash a minimum of three weeks prior to the payroll for which the employee is requesting the conversion to cash.

Having met these conditions, the employee will be able to convert up to 40 hours of such leave each quarter. Payment will be made with the January 31st, April 3Qth, July 31st and October 31st Payrolls.

Adopted- May II, 2010
last Amended: [add adoption date]
12997518.3 NE050-007
34 CHAPTER 6 - SICK LEAVE
SECTION 601 - STATEMENT OF POLICY
Sick leave is paid leave from work that an employee may use for the following purposes:
(a) Diagnosis, care, or treatment of an existing health condition of, or preventative caie foi the employee themselves or any of the following Family Members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchildren; or a sibling; or (b) Diagnosis, care, or treatment of an existing health condition of, or preventative care for a "designated person"; or
(c) To serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.
(d) For an employee who is a "Victim", which means either (1) an individual against whom a "Qualifying Act of Violence", as defined below, is committed; or (2) an individual against whom any crime is committed, to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

A "Qualifying Act of Violence", means (1) domestic violence; (2) sexual assault (i.e., non-consensual sexual act prescribed by federal, tribal, or state law, including when the victim lacks capacity to consent); (3) stalking (i.e., engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person's safety or the safety of others or suffer from emotional distress); or (4) an act, conduct, or pattern of conduct (a) that causes bodily injury to another individual; (b) wherein a weapon is brandished or drawn against another individual; or (c) that is a threat, whether perceived or actual, to use force to cause physical injury to another individual.
(e) For an employee who is a Victim, to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the Victim.
(f) In addition, an employee who is a Victim or has a Family Member who is a Victim of a Qualifying Act of Violence for any of the following purposes:
1) To obtain or attempt to obtain any relief for the Family Member, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the Family Member.

Adopted- May 11, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
35 2) To seek, obtain, or assist a Family Member to seek or obtain, medical attention for or to recover from injuries caused by a Qualifying Act of Violence. 3) To seek, obtain, or assist a Family Member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a Qualifying Act of Violence. 4) To seek, obtain, or assist a Family Member to seek or obtain psychological counseling or mental health services related to an experience of a Qualifying Act of Violence.
5) To participate in safety planning or take other actions to increase safety from future Qualifying Acts of Violence.
6) To relocate or engage in the process of securing a new residence due to the Qualifying Act of Violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare. 7) To provide care to a Family Member who is recovering from injuries caused by a Qualifying Acts of Violence.
8) To seek, obtain, or assist a Family Member to seek or obtain civil or criminal legal services in relation to the Qualifying Acts of Violence. 9) To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the Qualifying Act of Violence. 10) To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the Qualifying Acts of Violence.

SECTION 602 - ELIGIBILITY
a) Regular and probationary employees shall be eligible to accrue sick leave. Such employees shall be entitled to use sick leave, as authorized in this Chapter, upon the completion of three (3) months of employment with the City.

Notification and certification. In order to receive compensation while absent on sick leave, the employee shall notify his/her Supervisor and/or Department Head at the beginning of the workday he/she is absent. The employee may be required at any time, by the Department Head, to file a physician's certificate or a personal affidavit stating the cause of the absence and attesting to the employee's ability to resume work. However, when an employee is absent due to illness or injury for three (3) or more workdays, a physician's certificate or a personal affidavit shall be required.

The City shall revoke pay, sick leave time and take appropriate disciplinary action if Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
36 the employee is using sick leave, but is not sick or has engaged in private or other public work while on sick leave.

SECTION 603 - ACCRUAL
1) Full time employees who are not seasonal or temporary accrue eight (8) hours of sick leave for each calendar month of paid status; part-time employees who are not seasonal or temporary accrue sick leave in an amount prorated to the lower number of hours they work each calendar month in paid status.

Accrued sick leave carries over from year to year.
2) A seasonal or temporary employee who works 30 or more days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but a seasonal or temporary stops earning sick leave once they have accrued 48) hours or six (6) work days/shifts, whichever is greater.

SECTION 604 - DEDUCTION
All City employees shall be charged sick leave hour for hour for days or portions of days absent (i.e. police department employees working an 11 hour shift would deduct 11 hours sick leave per day absent; employees working an 8 hour shift would deduct 8 hours sick leave for each full day absent). Unless exceptions are approved by the Personnel Officer, absences less than a full day will be charged sick leave at the rate of one ( 1) hour sick leave for each hour and in one quarter hour fractions or portions of an hour, e.g., for ten (10) minutes, one quarter hour, for sixteen (16) minutes, one-half hour, etc.

SECTION 605 - USE AND ACCUMULATION
Sick leave may be accrued to a maximum of one thousand four hundred and seventy-two ( 1,4 72) hours.

Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, with one exception: Any illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized.

Sick Leave on Separation from Employment: Unused sick leave is not cashed out upon termination, resignation, retirement, or other separation from employment.

Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
37 Unused sick leave may be converted to retirement service credits only as may be permitted under applicable retirement system laws and regulations.

SECTION 606 - BEREAVEMENT LEAVE
In the event of a death of an employee's "family member", the employee may request and the City must grant five (5) days of bereavement leave. For the purposes of this section only, the employee's family member shall mean the employee's spouse, registered domestic partner, parent (which includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child), children (which includes a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis ), sibling (which means a person related to another person by blood, adoption, or affinity through a common legal or biological parent), grandparent or grandchildren. Request for sick leave in excess of five(5) days for this purpose shall be subject to approval of the City Manager. The City may require the employee to provide documentation of the family member's death. The leave must be completed within 3 months of the death of the family member, and is not required to be taken consecutively.

In the event of a death of an individual that is not included in the definition of "family member" above, the employee may request a leave of absence. Leave will be granted in the Personnel Officer's sole discretion.

SECTION 607 - LEAVE FOR PREGNANCY, CHILDBIRTH OR RELATED MEDICAL

CONDITIONS
a) Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works forty (40) hours per week, "four months" means 693 hours of leave entitlement, based on forty (40) hour per week times 17 1/3 weeks.

An employee who works less than forty (40) hours per week will receive a pro rata or proportional amount of leave.
b) Notice & Certification Requirements
Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the Department Head.

The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
38 from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave. c) Compensation during Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave. d) Benefits during Leave
Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave and will continue to pay the usual premium, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA. e) Reinstatement
Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.

If the employee's original position is no longer available, the employee will be assigned to a comparable, open position.

If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation in accordance with these Policies.

SECTION 608- LEAVE FOR REPRODUCTIVE LOSS
The City provides employees who have been employed at least 30 calendar days with Reproductive Loss Leave, in the event of a "Reproductive Loss Event" "Reproductive Loss Event" means the day or, for a multiple-day event, the final day of a Failed Adoption, Failed Surrogacy, Miscarriage, Stillbirth, or an Unsuccessful Assisted Reproduction, as those terms are defined below:
• "Failed Adoption" means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
39 because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed. • "Failed Surrogacy" means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy. • "Miscarriage" means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
• "Stillbirth" means a stillbirth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• "Unsuccessful Assisted Reproduction" means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.

This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event.

Reproductive Loss Leave is not required to be taken consecutively, but such leave must be taken within three (3) months of the Reproductive Loss Event, with the exception that, if an employee is on California Family Rights Act ("CFRA") leave, Pregnancy Disability Leave ("POL"), or another leave protected by state or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use Reproductive Loss Leave within three (3) months of the end date of the other protected leave.

If an employee experiences more than one Reproductive Loss Event within a 12-month period, the City will provide Reproductive Loss Leave up to a maximum of 20 days within a 12-month period.

Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation in order to provide for their compensation while on Reproductive Loss Leave.

The City will maintain the confidentiality of any employee who requests to use or uses Reproductive Loss Leave, and the City will not disclose such information other than to internal personnel on a need to know basis, or as required by law.

SECTION 609 - INDUSTRIAL INJURY LEAVE- SWORN POLICE AND FIRE

DEPARTMENT PERSONNEL
Any sworn employee of the Police Department or Fire Department who is 40 Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
entitled to the benefit of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by Worker's Compensation, shall be allowed up to one year leave of absence, as required by the his/her condition, with the City supplying the difference between the amount granted pursuant to such Worker's Compensation and the employee's regular rate of pay.
a) A sworn police or fire employee who is absent from work by reason of an injury or illness covered by Worker's Compensation will continue to accrue sick leave and vacation benefits and consideration for normal salary increases as though he/she were not on leave of absence; but shall not receive credit for holidays or paid days in lieu of holidays.
b) Whenever such disability is temporary in nature, a sworn police or fire employee may continue on leave of absence for a period beyond one year, until the expiration of the employee's accrued sick leave, vacation and previously accrued compensating time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, which compensation at the employee's regular rate of pay.
c) Whenever it appears that a sworn police or fire employee's disability is permanent in nature and the employee cannot return to work either with or without accommodation by the expiration of a period of one year from the commencement of such disability, disability retirement may be requested by the City, pursuant with the provisions of the City Retirement Plan, to become effective at the end of such one year period, unless the employee applies for or consents to be compensated for all of his/her accrued benefits at his/her regular rate of pay, excepting for accrued sick leave which shall be forfeited.
d) A sworn police or fire employee who is receiving any disability indemnity payments, either temporary or permanent, under worker's compensation who is also receiving his/her regular paycheck during such time as he/she is entitled to his/her regular rate of pay from the City.
e) No sworn police or fire employee shall receive wage and salary payments from the City after a period of five years from the date of injury for any one injury. f) Family and Medical Leave shall run concurrently with Workers' Compensation time off.

SECTION 610 - INDUSTRIAL INJURY LEAVE-ALL OTHER EMPLOYEES Any employee who is absent from work by reason of an injury or illness covered by Worker's Compensation shall continue in pay status under the following provisions:
a) The difference between the amount granted pursuant to such Worker's Adopted- May 11, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
41 Compensation and the employee's regular rate of pay shall be deducted from the employee's accumulated sick leave, compensatory time, and when authorized by the employee, vacation days.
b) Such an employee will continue in pay status and receive his/her regular rate of pay until accumulated sick leave, compensatory time, and vacation days have been depleted to the nearest one-half (1/2) day.
c) During this time the employee is in pay status while absent from work by reason of injury or illness covered by Worker's Compensation, shall continue to accrue sick leave and vacation benefits as though the employee were not on leave of absence; but shall not receive credit for holidays;
d) Family and Medical Leave shall run concurrently with Worker's Compensation time off.
e) Any employee who depleted his/her accumulated sick leave, compensatory time, holidays, and vacation days to maintain pay status while absent from work by reason of an injury or illness covered by Workers' Compensation shall be removed from pay status and be covered under provisions of Section 107 Reasonable Accommodation and Interactive Process.

SECTION 611 - LIGHT DUTY ASSIGNMENTS
The City's policy may be to place injured employees (where injuries are temporary in nature) covered under Worker's Compensation in light duty assignments whenever possible as outlined below:

1. Light duty assignments may be applied in accordance to the employee's limitations as determined by the employee's physician.

2. The purpose of such light duty assignments is to provide the injured employee with productive city activities until he/she is ready to return to full duty.

3. If no light duty work is available, the City shall not be required to create a light duty assignment.

SECTION 612 - WELLNESS INCENTIVE PLAN
Employees other than management, supervisory and confidential shall have the option each year of converting sick leave to cash at the employee's regular rate of pay on an hour for hour basis subject to the following conditions:

Adopted: May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
42 1. The employee must have a minimum of four hundred (400) hours of accumulated sick leave after conversion;

2. The employee must not have used more hours than the equivalent of four ( 4) work day shifts during the previous calendar year;

3. The employee must notify the City of the employee's desire to convert sick leave to cash prior to April 1 each year.

Having met these conditions, the employee will be able to convert up to 48 hours of such leave. Payment will be made on or before May 1 each year, provided the employee submits a Personnel Action Form requesting sick leave conversion prior to April 1.

SECTION 613- FORFEITURE UPON TERMINATION
Accumulated sick leave shall be forfeited by all employees upon leaving the municipal service, whether voluntarily or by termination and whether by reason of retirement for disability, age, or for any reason whatsoever.

SECTION 614 - TRANSFER OF SICK LEAVE BETWEEN EMPLOYEES
Any employee suffering from a long-term, non-job related illness may request the voluntary transference of sick leave from the sick leave donation bank to his/her account. Such requests are subject to review by the Department Head and subject to final approval by the City Manager.

Eligibility shall be based upon the following conditions:

1. The subject employee must first deplete all of his/her personal accrued sick leave and comp time and at least 50% of vacation time before any transfers of sick leave shall be provided.

2. No employee shall receive transfers of more than 500 hours, nor shall any individual employee donate more than 80 hours of sick leave or more than 10 percent of his/her accrued sick leave per calendar year. Donations will be processed in weekly increments.

3. No employee shall lobby or otherwise pressure any other employee to donate or transfer sick leave. Donations are completely voluntary.

Donations of leave to the sick leave donation bank are irrevocable. In the event the eligible recipient does not use all of the donated leave, the leave will remain in the sick leave donation bank for the next eligible employee.

Adopted: May 11, 2010
last Amended- [add adoption date]
12997518.3 NE050-007
43 CHAPTER 7 -VACATION LEAVE
SECTION 701 - USE OF VACATION
The purpose of annual vacation leave is to enable each eligible employee to return to the employee's work mentally refreshed.
a) Scheduling Vacations. The time at which an employee may use his/her accrued vacation leave and the length of the vacation leave shall be determined by the employee's Department Head with particular regard for the needs of the City, but also insofar as possible, considering the wishes of the employee. b) Request for Vacation. Each employee wishing to schedule a vacation should request such vacation leave as far in advance as possible, but usually at least one (1) week in advance of the requested vacation period. Vacation requests shall be approved by seniority whenever possible.
c) Request for Vacation - Police. Employees who submit requests for their priority vacations at least thirty (30) days prior to the posting of the six (6) month shift schedule shall receive every effort in order to accommodate their vacation request. Vacation requests shall be approved by seniority. Vacation requests submitted after the posting of the six (6) month shift schedule are subject to the approval of the Department Head on a first submission basis. d) Double Compensation Prohibited. Employees shall not work for the City during their vacation.

SECTION 702 - ELIGIBILITY
Regular employees shall be immediately eligible for vacation leave once it has been accrued while part-time and temporary employees shall not be eligible for vacation leave.

SECTION 703 - VACATION ACCRUAL
A. Vacation will be accrued and credited on a semi-monthly basis beginning on the date of the employee's regular employment. Each eligible employee shall accrue vacation at the following rate, for continuous service performed in pay status:

Adopted· May 11, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
44 Years of Maximum Days
Continuous Days ~arned Days Earned of -·
Service Semi-Monthly Annually Accumulation
1-5 0.415 10 20 .. - -~- - 6-10 1.125 15 30
After 15 years 1.335 20 40
B. No employee shall accumulate more vacation than provided above, except that no employee shall lose vacation due to the business needs of the City.

SECTION 704- HOLIDAYS FALLING DURING VACATION
In the event a City holiday falls within an employee's vacation period which would have excused the employee from work and for which no other compensation is made (see Sec. 517) said holiday shall not be charged as a vacation day.

SECTION 705 - VACATION AT TERMINATION
Employees leaving the Municipal Service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee's current rate of pay.

SECTION 706 - EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her municipal service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective.

SECTION 707 -VACATION - INDUSTRIAL INJURY
Vacation shall not be used to extend a date of industrial disability retirement.

Adopted- May 11, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
45 CHAPTER 8 - OTHER LEAVES OF ABSENCE
SECTION 801 - LEAVE OF ABSENCE WITHOUT PAY
a) The City Manager, in his/her unrestricted discretion, may grant a regular or probationary employee leave of absence, without pay or accruement of seniority, for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized. No such leave shall be granted except upon written request of the employee, setting the reason for the request, and the City's response shall be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the same or similar position held at the time leave was granted.

Failure on the part of an employee on leave to report promptly to work at the expiration of the leave, shall be deemed to constitute a discharge. The depositing in the United States mail a first-class letter, postage paid, addressed to the employee's last known place of address shall be reasonable notice. b) Department Heads may grant a regular or probationary employee leave of absence without pay for periods not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.

SECTION 802 - MILITARY LEAVE OF ABSENCE
a) Military leave shall be granted in accordance with applicable state and federal laws.

All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken.
b) The employee shall furnish to the City satisfactory proof of his/her order to report for duty and of his/her actual service pursuant to such orders.

SECTION 803 - FAMILY CARE AND MEDICAL LEAVE
Section 803.1 - Statement of Policy
The City provides family and medical care leave for eligible employees as required by federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use California Family Rights Act ("CFRA") leave are not protected by the CFRA's job restoration or maintenance of health benefits provisions.

This policy is supplemented by the Federal Family and Medical Leave Act ("FMLA"), and the CFRA. Unless otherwise stated in this policy, "Leave" means leave pursuant to Adopted· May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
46 the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee's FMLA and CFRA leaves concurrently.

Section 803.2 - Definitions
(a) "Child"

1. Under the FMLA, "child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or step-child. A child is "incapable of self-care" if he/she requires active assistance or supervision to provide daily selfcare in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

2. Under the CFRA, "child" means a child, including a child who is 18 years of age or older who is capable of self-care. An employee's child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis. (b) "Covered active duty" means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.
(c) "Covered Service Member" means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
(d) "Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one Adopted: May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
47 designated person per 12-month period for family care and medical leave. ( e) "Domestic Partner" is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(f) "Family member" for FMLA leave means an employee's child, parent, and spouse. "Family member" for CFRA leave means an employee's child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling.
(g) "Grandchild" means a child of the employee's child. (h) "Grandparent" means a parent of the employee's parent. (i) "Health Care Provider" means any of the following:
1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
3) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4) A nurse practitioner or nurse-midwife or a clinical social workers who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; 5) A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
48 (j) "Next of Kin of a Covered Service Member" means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.
(k) "Outpatient Status" means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: ( 1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
(I) "Parent" means the biological, foster, or adoptive parent, a parent-in-law, stepparents, a legal guardian, of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child .
(m) "Parent-in-law" means the parent of a spouse or domestic partner of the employee.
(n) "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered "inpatient" when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:

Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
49 i. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care.

Note that pregnancy is a "serious health condition" only under the FMLA.

Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.
4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. 5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
50 of medical intervention or treatment.
(o) "Serious Injury or Illness" means: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member's office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
(p) "Sibling" means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
( q) "Single 12 Month Period" means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends twelve ( 12) months after that date. (r) "Spouse" means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.
(s) "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.

Section 803.3 - Reasons for Leave
Leave is only permitted for the following reasons:
(a) The birth of a child or to care for a newborn of an employee; (b) The placement of a child with an employee in connection with the adoption or foster care of a child;
(c) Leave to care for a child, parent, or spouse who has a serious health condition; (d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA Adopted: May ll, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
51 leave and will not run concurrently with leave under the FMLA. ( e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position; (f) Leave for a variety of "qualifying exigencies" arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation;
(g) Under the CFRA only, leave for a variety of "qualifying exigencies" arising out of the fact that an employee's domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or
(h) Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a covered service member of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period.

Section 803.4 - Employees Eligible for Leave
An employee is eligible for leave if the employee satisfies the following conditions:
(a) The employee has been employed by the City for at least twelve (12) months; (b) The employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and (c) For FMLA leave eligibility, the City directly employs at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase "current or preceding calendar year" refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.

Section 803.5 - Amount of Leave
Eligible employees are entitled to a total of twelve ( 12) workweeks (or 26 workweeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

Adopted· May 11, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
52 Section 803.6 - Minimum Duration of Leave
(a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks.

However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions. (b) If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken.

However, compliance with the notice and medical certification provisions in this policy is required.

Section 803.7 - Parents Both Employed by City
If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
(a) The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and
(b) Each parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.

If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty six (26) workweeks during the 12-month period. This limitation does not apply to any other type of leave under this policy.

Section 803.8 - Employee Benefits While on Leave
(a) Group Health Insurance during Unpaid Leave: Leave under this policy is unpaid.

While on unpaid leave, employees will continue to be covered by the City's group health insurance for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).
(b) Benefit Plans Not Provided through the City's Group Health Plan during Unpaid 53 Adopted- May II, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
Leave Continue: While on unpaid leave, employees will continue to be covered by the City's benefits plans that are not part of its group health plan for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job.
( c) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped.

Employee contribution rates are subject to any changes in rates that occur while employee is on leave.
( d) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee's control.

Section 803.9 - Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.
803.9.1- Employee's Right to Use Paid Accrued Leave Concurrently with Family Leave
An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee's own serious health condition or that of the employee's parent, parent-in-law, spouse, domestic partner, child, grandparent, grandchild, or sibling.
803.9.2 - City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave
Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two (2) exceptions as described below:
(a) Employees are not required to use paid leave during leave pursuant to a Adopted- May ll, 2070
Last Amended- [add adoption date]
12997518.3 NEOS0-007
54 disability plan that pays a portion of the employee's salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
(b) An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, or sibling.

When required or permitted under this policy, the difference between the amount granted pursuant to SDl/PFL and the employee's regular pay will be deducted from the employee's accumulated sick leave, vacation, personal holidays, and compensatory time, if any. The employee will continue in pay status and receive their pay until their accumulated sick leave, and authorized compensatory time, personal holidays and vacation days, have been depleted to the nearest hour. Employees may be required to show SDl/PFL amounts received to City in order to avoid employee being paid more than their regular salary.
803.9.3 - City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves
If an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee's 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave. 803.9.4 - City's and Employee's Rights if an Employee Requests Accrued Leave Without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.
803.1 O - Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee's Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health Adopted: May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
55 care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.
(b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, or sibling who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term "warrants the participation of the employee" includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
(c) Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or "next of kin" of the employee, must provide written certification from a health care provider regarding the injured service member's serious injury or illness. The City will verify the certification as permitted by the FMLA regulations. (d) Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the employer may require the employee to provide a copy of the military member's active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member's active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations. 803.11 - Time to Provide a Medical Certification
When an employee has provided at least thirty (30) days' notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical certification to the City within the time frame requested by the City (which must allow at least fifteen Adopted- May II, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
56 (15) calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. 803.12 - Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established in this policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.
803.13 - Review of the Contents of Medical Certification for Employee's Own Serious Health Condition
(a) Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Personnel Officer will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee's diligent, good faith efforts to address the deficiencies.
(b) Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee's own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. "Authentication" means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. "Clarification" means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.
803.14- Second and Third Medical Opinions for Employee's Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee's serious health condition, the City may require a medical opinion of a second health care. provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the Adopted- May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
57 second and third medical opinions, where applicable, without cost, upon the request of the employee.
803.15 - Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
803.16 - Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 803.17 - Reinstatement upon Return from Leave
(a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
(b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of their readiness to return.
(c) Employee's Obligation to Periodically Report on Their Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready Adopted- May 11, 2010
Last Amended: [add adoption date}
12997518.3 NE050-007
58 to return.
(d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
( e) Reinstatement of "Key Employees": Under the FMLA only, the City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 1 O percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a "key" employee during or upon the expiration of CFRA leave.
803.18 - Required Forms
Employees must complete the applicable forms to receive family and medical care leave. The forms may be found at City Hall.

SECTION 804 - EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, direct primary, or presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code.

SECTION 805 - LEAVE FOR ATTENDANCE AT INDUSTRIAL ACCIDENT

COMMISSION HEARINGS OR RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the City and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the City's Workman's Compensation Insurer or the Industrial Accident Commission or to attend hearings of the Industrial Accident Commission may be granted leave with pay for such absences by the Personnel Officer when he/she determines such absences are in the best interest of the City and only if the employee in pay status at the time of the scheduled examination or hearing.

Applications for such leaves of absences shall be filed in advance on the City of Newman Personnel Action Forms.

Adopted- May II, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
59 SECTION 806 - MANAGEMENT LEAVE
Management and supervisory employees who are not eligible for overtime or call back pay shall be granted management leave each calendar year (January 1 ).

Management leave is accrued at the following rates:

Supervisory and confidential:

Mid Management:

Department Heads

3.33 hours per month - five days per year.

3.33 hours per month - five days per year

6.67 hours per month - ten days per year
Employees may use this allotted management leave prior to its actual accrual.

Should the employee leave city service with a deficit, that amount shall be subtracted from any accrued vacation leave that is cashed out.

Scheduling of management leave shall be done in the same manner as vacation scheduling as outlined in Chapter 7. Maximum accrued management leave shall be 1 O days for supervisory and confidential and twenty (20) days for department heads Accrued management leave will be cashed out at the end of employment.

SECTION 807 - JURY DUTY/SUBPOENA
Every regular employee of the city who is called or required to serve as a trial juror or subpoenaed or ordered to be a witness, upon notification and appropriate verification submitted to his/her supervisor, shall be entitled to be absent from his/her duties with the City during the period of such service or would necessarily being present in court as a result of such call. Employees shall report back to work if they are excused from jury service in the middle of the day or earlier. The employee's normal pay shall be reduced by the amount of pay received for jury duty.

SECTION 808 - LEAVE FOR CRIME VICTIMNICTIM FAMILY MEMBER For the purpose of this Policy, the following definitions shall apply. "Crime" means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the Crime.
"Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The City may limit an employee to leave for one ( 1) Designated Person per 12-month period for leave pursuant to this Policy.
"Family Member" means a child, parent, grandparent, grandchild, sibling, spouse, or Adopted· May !I, 2010
Last Amended [add adoption date]
12997518.3 NEOS0-007
60 domestic partner, as those terms are defined in Government Code Section 12945.2, or Designated Person.
"Qualifying Act of Violence" means the following:
(a) Domestic violence.
(b) Sexual assault.
(c) Stalking.
(d) An act, conduct, or pattern of conduct that includes any of the following:
(1) In which an individual causes bodily injury or death to another individual; (2) In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or (3) · In which an individual uses, or makes a reasonably perceived or actual threat to use force against another individual to cause physical injury or death.

This definition applies regardless of whether an individual is arrested for, prosecuted for, or convicted of committing one of the acts described above. "Relief' means a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. "Victim" means either of the following:
(a) An individual against whom a Qualifying Act of Violence is committed; or (b) An individual against whom any crime is committed.

The City will provide unpaid, but protected leave under this Policy as follows:
(a) To an employee, including, but not limited to, an employee who is a Victim, in order for the employee to appear in court in order to comply with a subpoena or other court order as a witness in any judicial proceeding. (b) To an employee who is a Victim for taking time off from work to obtain or attempt to obtain Relief.
( c) The City will also provide leave to an employee who is a victim of a Qualifying Act of Violence or has a Family Member who is a victim of a Qualifying Act of Violence for any of the following purposes:

Adopted: May 11, 2070
Last Amended- [add adoption date]
12997518.3 NEOS0-007
61 (1) To obtain or attempt to obtain any Relief for the Family Member. (2) To seek, obtain, or assist a Family Member to seek or obtain medical attention for or to recover from injuries caused by a Qualifying Act of Violence.
(3) To seek, obtain, or assist a Family Member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a Qualifying Act of Violence.
(4) To seek, obtain, or assist a Family Member to seek or obtain psychological counseling or mental health services related to an experience of a Qualifying Act of Violence.
(5) To participate in safety planning or take other actions to increase safety from future Qualifying Acts of Violence.
(6) To relocate or engage in the process of securing a new residence due to the Qualifying Act of Violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7) To provide care to a Family Member who is recovering from injuries caused by a Qualifying Act of Violence.
(8) To seek, obtain, or assist a Family Member to seek or obtain civil or criminal legal services in relation to the Qualifying Act of Violence. (9) To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the Qualifying Act of Violence. (10) To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the Qualifying Act of Violence.

Amount of Leave
(a) If an employee requires leave for reasons (a) or (b) in the section above, the employee is limited to a total of 12 weeks of leave for such purpose. (b) If an employee requires leave for reasons (c) in the section above, the employee is limited to the following amounts of leave:
(c) If the employee is a victim of a Qualifying Act of Violence, or the employee's Family Member is deceased as a result of a Crime, and the employee requires leave for a reason in reasons numbered (1) through (10), above, the employee is limited to a total of 12 weeks of leave for such purpose. (d) If an employee's Family Member is a victim of a Qualifying Act of Violence Adopted· May II, 2010
last Amended· [add adoption date]
12997518.3 NEOS0-007
62 who is not deceased as a result of a Crime and the employee is not a victim of a Qualifying Act of Violence, the employee is limited to 1 O days leave.

The City will run this leave concurrently with FMLA/CFRA if the employee would otherwise have been eligible for such leave.

An employees who exhausts the FMLA/CFRA leave to which they are entitled due to use of leave under this Policy shall not have a right to leave under this Policy until such time as the employee possesses additional FMLA/CFRA leave.

SECTION 809- SCHOOL OR LICENSED DAY CARE ACTIVITY LEAVE Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child's school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence.

The leave is unpaid unless the employee uses vacation, personal leave or compensatory time off. The employee must provide documentation from the school or licensed childcare facility as verification that the employee participated in school or child care facility activities on a specific date and at a particular time. If both parents, guardians or grandparents having custody work for the City at the same City work site, only the first parent requesting will be entitled to leave under this provision.

SECTION 810 - SCHOOL SUSPENSION LEAVE
Any employee who is the parent or guardian of a child in grades 1 through 12 may take time off to go to the child's school in response to a request from the child's school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child's school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.

Adopted- May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
63 CHAPTER 9 - PROBATIONARY STATUS
SECTION 901 - PROBATIONARY PERIOD
All original and promotional appointments to regular municipal service positions shall be tentative and subject to a probationary period of twelve (12) months. The probationary period may be extended with the approval of the Personnel Officer for a period not to exceed six (6) additional months where the department head finds that extraordinary conditions justify such extension. An employee must successfully complete the probationary period and be notified of such successful completion by the City in writing in order to pass the probationary period.

SECTION 902 - OBJECTIVE OF PROBATIONARY PERIOD
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of any new employee to the position, and for rejecting any probationary employee whose performance does not meet an acceptable standard of work.

SECTION 903- PROBATIONARY EMPLOYEE PERFORMANCE REPORTS
A performance report of each probationary employee shall be made by the Department Head, or his/her designee, on "City of Newman Performance Evaluation" forms according to the directions thereon and forwarded to the Personnel Office. The Employee Performance Evaluation Form shall be filed by the Department Head upon the completion of the employee's sixth and twelfth month of service with the City.

In other cases where the probationary period extends beyond twelve months, the Employee Performance Evaluation form shall be required from the Department Head at the conclusion of each six-month interval.

SECTION 904 - REJECTION OF PROBATIONER FOR AN ORIGINAL

APPOINTMENT
During the probationary period for an original appointment, an employee serves in an at-will employment status and may be terminated at any time, subject to the approval of the City Manager, without notice or cause and without the right to appeal.

Adopted: May 71, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
64 SECTION 905 - REJECTION FOLLOWING PROMOTION
During the probationary period for a promotional appointment, an employee serves in an at-will status as to the promoted position and may be rejected from the promotional appointment at any time, subject to the approval of the City Manager, without notice or cause and without the right to appeal. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted or a comparable position, if vacancies exist, unless charges are filed and the employee is discharged for cause.

Employees who elect a voluntary demotion after the twelve (12) month probationary period from a promotional appointment may be reinstated to the position from which the employee was promoted or to a comparable position subject, however, to the vacancies available at that time.

Adopted- May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
65 CHAPTER 10 - DISCIPLINARY PROCEEDINGS
SECTION 1001 - DISCIPLINARY ACTION; DEFINITION
As used in this chapter, "Disciplinary Action" shall mean discharge, demotion, reduction in salary, written reprimand, or suspension.

SECTION 1002 - CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but shall not be limited to, the following:

1. Fraud or dishonesty in securing appointment.

2. Unsatisfactory performance or inexcusable neglect of duty.

3. Insubordination or willful disobedience.

4. Dishonesty

5. Consumption of or being under the influence of alcoholic beverages or narcotics while on duty.

6. Unlawful use, sale or possession of narcotics or habit-forming drugs.

7. Commission or conviction of a felony, or of a misdemeanor involving moral turpitude.

8. Discourteous treatment of the public or other employees.

9. Unlawful political activity.

10. Repeated violation of safety procedures.

11. Misuse or unauthorized use of City property or funds.

12. Violation of any of the provisions of the Personnel Rules or any other departmental rules and regulations.

13. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.

14. Refusal to take or subscribe to any oath or affirmation which is required by law in connection with his/her employment.

15. Theft of City Property.

16. Failure to maintain required certifications or licenses.

17.Absence without authorized leave or tardiness.

18. Inefficiency.

19. Incompetence.

20.Abusive conduct, including malicious verbal, visual, or physical actions, or the gratuitous sabotage or undermining of a person's work performance.

21. Horseplay or fighting.

22. Working overtime without prior authorization or refusing to work assigned overtime.

Adopted· May 11, 20!0
Last Amended: [add adoption date]
12997518.3 NE050-007
66 SECTION 1003 - DISCIPLINARY ACTION
The City of Newman may impose the following types of discipline and corrective actions:

Corrective Actions:

Counseling Memo: A counseling memo will be provided to an employee to identify: a failure of appropriate conduct or performance issue; the performance the employee is to demonstrate in the future; and consequences for failure to correct the behavior or problem. A counseling memo will be retained in the supervisor's file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo is not subject to the discipline or discipline appeal procedures described below. A counseling memo is not considered "punitive action" under the Public Safety Officers Procedural Bill of Rights Act
Verbal Reprimand: A verbal reprimand is a verbal direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A verbal reprimand will be documented in writing and retained in the supervisor's file until the completion of the evaluation year and then documented in the performance evaluation, as the supervisor deems necessary. A verbal reprimand is not subject to the discipline or discipline appeal procedures described below.

Disciplinary Actions:

Written Reprimand: A written reprimand is written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A written reprimand will be retained in the employee's personnel file and documented in the performance evaluation. Unless required by law, a written reprimand is not subject to the discipline or discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee's personnel file, if the employee submits the rebuttal to the Personnel Officer within 14 days after the reprimand is received.

Suspension without Pay: The City may suspend an employee from their position without pay for cause. Documents related to a suspension shall become part of the employee's personnel file when the suspension is final and documented in the performance evaluation. A suspension without pay is subject to the discipline and discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA.

Adopted: May 11, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
67 Department Heads may suspend an employee for not more than three (3) days (33 hours for sworn personnel)) at any one time without the approval of the City Manager. Written notice of suspension shall be given to an employee within seventy-two (72) hours after such determination.

Dismissal: The City may dismiss an employee from their position for cause. Documents related to the dismissal shall become a part of an employee's personnel file when the dismissal is final. A dismissed employee is entitled to the discipline and discipline appeal procedures described below.

Discipline Procedures
The following discipline procedures only apply to the City's for-cause employees. All employees other than for-cause employees, namely part-time, temporary, and at-will probationary employees, may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.
(a) "Skelly" Notice of Intended Disciplinary Action to Employee: A written notice of the intended disciplinary action shall be given to the employee, which will include the following information:
1) The level of the intended discipline;
2) The specific charges that support the intended discipline; 3) A summary of the facts that show that the elements of each charge at issue in the intended discipline;
4) A copy of all materials upon which the intended discipline is based; 5) Notice of the employee's right to respond to the Department Head regarding the intended discipline within five (5) days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both;
6) Notice of the employee's right to have a representative of their choice at the Skelly conference; and
7) Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed. (b) Response by Employee and Skelly Conference: If the employee requests a Skelly conference, the Department Head or designee will conduct an informal Adopted· May II, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
68 meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against them and present any mitigating circumstances. The Department Head will consider the employee's presentation before issuing the disciplinary action. The employee's failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the Skelly notice. (c) Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee's written response, the Department Head will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Head will provide the employee with a notice that contains the following:

1. The level of discipline, if any, to be imposed and the effective date of the discipline;

2. The specific charges upon which the discipline is based;

3. A summary of the facts that show that the elements of each charge at issue in the intended discipline;

4. A copy of all materials upon which the discipline is based; and

5. A reference to the employee's appeal right and deadline to appeal. ( d) Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.

SECTION 1004- RIGHT TO APPEAL
The following appeal procedures only apply to the City's for-cause employees.

All employees other than for-cause employees, namely part-time, temporary, or at-will probationary employees may be disciplined or separated at will, with or without cause, and without the disciplinary appeal procedures listed below. The following appeal procedures apply only to suspension without pay, demotion, reduction in pay or dismissal.
(a) Request for Appeal Hearing: An employee may submit a written request for appeal to the Personnel Officer within fourteen ( 14) days from: ( 1) receipt of the final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee.

Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.

Adopted: May 11, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
69 (b) Appeal Hearing Officer: The appeal hearing officer shall be the Personnel Officer or an individual designated by the Personnel Officer to act as the appeal hearing officer.
(c) Date and Time of the Appeal Hearing: Once the appeal hearing officer has been designated, the appeal hearing officer will set a date for an appeal hearing. The employee shall be notified in writing at least twenty-one (21) days prior to the hearing of the scheduled date.
(d) Prehearing Notice of Witnesses and Evidence: No later than ten (10) days before the hearing date, each party will provide the other and the appeal hearing officer a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit. (e) Subpoenas: Upon the request of either party, and upon their own motion, the hearing officer will issue subpoenas to compel attendance at the appeal hearing.

Each party is responsible for serving their/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually spend testifying.
(f) Continuances: The appeal hearing officer may continue a scheduled hearing only upon good cause shown.
(g) Record of the Appeal Hearing: The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three days of ordering or making the transcript, and will provide a copy of the transcript upon receipt of the costs of duplication. (h) Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. The employee may be represented by any person they may select.
(i) Conduct of the Hearing:
1) Sworn Testimony: All witnesses shall be sworn in prior to testifying. The hearing officer or court reporter shall request each witness to raise their hand and respond to the following: "Do you swear that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?" Adopted- May 11, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
70 2) Evidence: Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence. 3) Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing. 4) Burden of Proof: The City has the burden of proof by the preponderance of the evidence.
5) Authority of Hearing Officer: The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Personnel Rules.
6) Professionalism: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the appeal hearing officer.
(j) Presentation of the Case: The parties will address their remarks, evidence, and objections to the appeal hearing officer. The appeal hearing officer may terminate argument at any time and issue a ruling regarding an objection or any other matter. The appeal hearing officer may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:
1) The City is permitted to make an opening statement;
2) The employee is permitted to make an opening statement; 3) The City will produce its evidence;
4) The employee will produce its evidence;
5) The City, followed by the employee, may present rebuttal evidence; and 6) Oral closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the appeal hearing officer. The City argues first, the employee argues second, and if the City reserved a portion of its time for rebuttal, the City may present a rebuttal.

Adopted· May 11, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
71 (k) Written Briefs: Either party may request to submit a written brief and/or a draft decision. The appeal hearing officer will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs.
(I) Appeal Hearing Officer's Recommended Decision: Within sixty (60) days of the conclusion of the hearing, the appeal hearing officer shall make written findings and a recommended decision as to the discipline.
1) Designated appeal hearing officer: When there is a designated appeal hearing officer, the appeal hearing officer shall provide findings and recommendations to the City Manager for consideration. The City Manager may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the Personnel Officer is final. There is no process for reconsideration.
2) City Manager as appeal hearing officer: If the City Manager serves as the appeal hearing officer, the City Manager shall make findings and issue a decision. The decision of the City Manager is final. There is no process for reconsideration.
(m) Proof of Service of the Written Findings and Decision: The City will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties' representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of their address. A copy of the decision shall also be provided to the Personnel Officer.

SECTION 1005 - EFFECT OF CERTAIN DISCIPLINARY ACTIONS
a) Suspension. Employees suspended from the municipal service shall forfeit their rights, privileges and salary while on such suspension with the exception of Group Health and Life Insurance benefits.
b) Discharge. Employees terminated pursuant to this policy shall be paid salary accumulated to the effective date of termination only and shall be paid for accumulated vacation and accumulated compensatory time.

SECTION 1006- RELEASE OF INFORMATION RELATIVE TO DISCIPLINARY

ACTION AGAINST MUNICIPAL EMPLOYEES
In the interest of preventing undue embarrassment and subsequent loss of ability to perform City work in an effective manner, no information will be released by the Department Head without prior approval of the City Manager, and in accordance Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
72 with state and federal law.

Adopted: May 11, 2070
last Amended: [add adoption date]
12997518.3 NEOS0-007
73 CHAPTER 11 - GRIEVANCE PROCEDURES
SECTION 1101 - PURPOSE OF CHAPTER
Grievance procedures for employees are provided herein:

1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other means.

2. To afford employees individually or through the employee organization a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions.

3. To provide that grievances be settled as near as possible to the point of origin.

4. To provide that grievances shall be heard and settled as informally as possible.

SECTION 1102- MATTERS SUBJECT TO GRIEVANCE PROCEDURES
Any regular full-time or part-time employee shall have the right to present a grievance regarding wages, salaries, hours and working conditions for which appeal is not provided or is not prohibited under another dispute resolution procedure including but not limited to the discipline provisions of Chapter 1 O of these rules. The grievance procedure does not apply to the content or rating of a performance evaluation.

SECTION 1103 - INFORMAL GRIEVANCE PROCEDURE
An employee should first attempt to resolve a grievance through discussion with the employee's immediate supervisor without undue delay. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with this supervisor's immediate superior, if any. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, the employee shall then have the right to file a formal grievance with the Department Head, in writing, within ten (10) working days after receiving the informal decision of the employee's superior or superiors. An informal grievance shall not be taken above the Department Head.

Adopted· May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
74 SECTION 1104 - FORMAL GRIEVANCE PROCEDURE
After the exhaustion of the informal grievance procedure, the formal grievance procedure shall proceed as follows:
a) Department Head Review. The grievance shall be presented in writing to the employee's Department Head who may discuss the grievance with the employee, the employee's representative, if any, and with any other appropriate persons. The grievance must be presented within ten (10) working days after receipt of the last decision from the informal grievance procedure. The Department Head shall render the employee's decision and comments in writing and return them to the employee within fifteen ( 15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, the employee may present the grievance in writing to the City Manager. Failure of the employee to present the grievance in writing to the City Manager within ten (10) working days after receipt of the decision will constitute withdrawal of the grievance.
b) Review. If the grievance is timely presented to the City Manager, the City Manager shall discuss the grievance with the employee, the employee's representative, if any, and with all other appropriate persons. The City Manager shall render a decision in writing to the employee within (10) working days after receiving the grievance. The decision of the City Manager shall be final.

SECTION 1105- CONDUCT OF GRIEVANCE PROCEDURE
a) Time Limits. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. b) Representation. The employee may request the assistance of another person chosen by the employee in preparing and presenting a grievance at any level of review.
c) Non-reprisal. Employees shall be free from reprisal for using the grievance procedure.

Adopted- May 77, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
75 CHAPTER 12 - SUBSTANCE USE AND REHABILITATION
SECTION 1201 - POLICY
The purpose of this policy is to promote a drug and alcohol-free workplace and to eliminate drug and alcohol-related inefficiencies and risks. The use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the City to the risks of property loss or damage, or injury to other persons.

Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee's job performance and may seriously impair the employee's value to the City.

The following rules and standards of conduct apply to all employees during the workday (including meals and rest periods). Behavior that violates the policy includes:

Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance, including alcohol while on the job; Driving a Company vehicle while under the influence of alcohol or an illegal or controlled substance;
· Manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee in either City workplaces or wherever business is performed;
An employee's failure to notify the Personnel Officer of any criminal conviction for a drug violation that occurred in the workplace within five days after such conviction; and
Distribution, sale, or purchase of an illegal or controlled substance while on the job.

Violation of these rules and standards of conduct will not be tolerated and compliance is a condition of employment. The City also may bring the matter to the attention of appropriate law enforcement authorities.

Any employee who is using prescription or over-the-counter drugs that may impair the employee's ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work.

In addition, blood or urine samples or other medical tests may be taken and screened by a laboratory for the presence of drugs or alcohol whenever the City has reason to believe that such employee is under the influence of drugs or alcohol.

Employees who violate this policy are subject to discipline, including immediate 76 Adopted· May ll, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
termination. However, the City will encourage and reasonably accommodate employees with alcohol or drug dependencies to seek treatment and/or rehabilitation.

Employees desiring such assistance should request a treatment or rehabilitation leave.

The City is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the City obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person's job performance remains impaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the City's treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.

SECTION 1202- DRUG AND ALCOHOL TESTING
The City has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City will use an outside laboratory to perform all testing.
(a) Pre-Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for preemployment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to pre-employment drug and alcohol testing include, but is not limited to, the following:
1) Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines; and
2) Jobs that involve the direct influence over children. (b) Reasonable Suspicion Testing: The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
1) "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, Adopted- May 17, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
77 sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
2) Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with the Department Head. Any reasonable suspicion testing must be pre-approved by the Department Head. 3) Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the Department Head has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.

For City employees or applicants for City employment who are not part of one or more of the groups described below, the City will not take any discriminatory employment action based on either the employee or applicant's off-duty use of cannabis away from the workplace or a drug test result which indicates the presence of non-psychoactive cannabis metabolites in the employee or applicant's hair, blood, urine, or other bodily fluids:
(1) Employees or applicants for employment who are in the building and construction trades;
(2) Employees or applicants for employment who are subject to either state or federal law or regulation that requires drug testing (e.g., DOT rule, 49 CFR Part 40);
(3) Employees or applicants for employment who are hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.

The City may take an employment action against applicant for employment that is based on a scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites. In addition, the City may take an employment action against an employee based on the prohibited conduct provided above.

Adopted May II, 2010
Last Amended [add adoption date]
12997518.3 NEOS0-007
78 SECTION 1203- SMOKING POLICY
Use of tobacco products endangers the health of employees and their coworkers, reduces productivity, increases absenteeism, increases the use of health benefits, and is often offensive to the public and co-workers. The City discourages use of any tobacco products in the interest of the health of its employees and others.

The City of Newman has adopted a tobacco-free workplace policy .. Under this policy, use of any tobacco product is prohibited in City of Newman owned facilities and vehicles. Use of tobacco products is allowed only outside of City vehicles and a minimum of 20 feet away from City buildings during approved/regularly scheduled breaks. Tobacco products shall include the use of cigarettes, cigars, pipes, and/or smokeless tobacco.

Adopted- May 71, 2010
Last Amended: [add adoption date]
12997518.3 NE050-007
79 CHAPTER 13-WORKING CONDITIONS/MISCELLANEOUS
SECTION 1301 - REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the Department Head to the City Manager. Copies of such reports shall be furnished to the employee involved.

SECTION 1302 - EMPLOYEE REST BREAKS
Full time employees shall be entitled to a fifteen (15) minute rest break around the midpoint of each four (4) hour segment worked during a shift. Unless a supervisor specifically requires an employee to miss a scheduled break, rest breaks shall not be combined with a lunch period or otherwise banked.

SECTION 1303 - POLITICAL ACTIVITY
The political activity of City employees shall be governed by the appropriate provisions of the Government Code. This includes, but is not limited to, a prohibition of political activity in uniform and during working hours or on work premises.

SECTION 1304- CONFLICTS OF INTEREST
No employee shall engage in any business transaction or shall have a financial interest, direct or indirect, which is incompatible with the proper discharge of the employee's official duties in the public interest or which would tend to impair his/her independence of judgment or action in the performance of his/her official duties.

SECTION 1305- GRATUITIES
No officer or employee of the City shall solicit or accept any gratuity for municipal services rendered.

SECTION 1306 - POLICY AGAINST VIOLENCE IN THE WORKPLACE Section 1306.1 Safe and Secure Workplace
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any Adopted: May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
80 location where City business is conducted. including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution. and/or disciplinary action. up to and including termination.

Section 1306.2 Prohibited Behavior
Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.

Section 1306.3 Workplace Violence
"Workplace violence" is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property.

Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
(b) The destruction of, or threat of destruction of City property or another employee's property;
(c) Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;
(d) Striking, punching, slapping, or assaulting another person; (e) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise;
(f) Harassing or threatening phone calls;
(g) Surveillance;
(h) Stalking; and
(i) Possessing a weapon(s) during work hours unless the City issues the weapon(s) for performance of the job. "Weapon" is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool, or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.

Adopted: May ll, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
81 Section 1306.4 Incident Reporting Procedures
(a) Employees must immediately report to their supervisor or department head whether they have been a victim of, or have witnessed, workplace violence. The supervisor or department director will immediately report the matter to the Personnel Officer.
(b) The Personnel Officer or their designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act( s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
( c) The Personnel Officer or designee will take appropriate steps to provide security, such as:
1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
2) Asking any threatening or potentially violent person to leave the site; or
3) Immediately contacting an appropriate law enforcement agency.

The Personnel Officer will see that reported violations of this policy are investigated as necessary.

Each Department Head has authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy;
(b) Assuring that reports of workplace violence are accurately and timely documented and addressed;
( c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; and ( e) Maintaining records and follow up actions as to reports of workplace violence.

SECTION 1307- PERSONNEL FILES
Section 1307.1 Confidential City Files
Adopted· May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
82 The City maintains a personnel file on each employee. Files are kept for at least three years after separation of employment. A personnel file will contain only material that the City deems necessary and relevant or that is required by law. Personnel files are the property of the City and access to the information they contain is restricted to protect employee privacy interests.

Section 1307 .2 Notification of Changes
Employees are required to promptly notify the Personnel Officer of any changes in their contact and benefits information, including: mailing address; telephone number; persons to contact in emergency; and number and names of dependents.

Section 1307 .3 Access to Applicant or Employee Medical Information All medical information about an employee or applicant is kept in separate medical files and is treated as confidential. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.

Section 1307.4 Employee Access to Personnel File
(a) Inspection of File: A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within 30 days of a written request. A former employee is entitled to inspect their personnel records one time per year. A current or former employee and/or their representative, who wishes to review their personnel file should make a written request to the Personnel Officer. The inspection must occur in the presence of the Personnel Officer or their designee and: (1) at a location where the employee works and at a time other than the employee's work time; or (2) at another agreed upon location without loss of compensation to the employee. (b) Copies: A current or former employee is entitled to receive a copy of their personnel records within 30 days after the employer receives a written request. A current or former employee who wishes to receive such a copy should contact the Personnel Officer or their designee in writing. The City may charge a fee for the actual cost of copying.
(c) Representative's Inspection: If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The Personnel Officer or their designee will notify the employee and/or representative of the date, time and place of the inspection in writing.

Adopted: May !I, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
83 (d) No Removal of File Documents: No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file.

Section 1202.5 Limitations on Access or Copying of Personnel File Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents:
records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.

Adopted- May II, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
84 CHAPTER 14 - COMPUTER SYSTEM /TELEPHONE I COMMUNICATION DEVICES

USAGE POLICY
SECTION 1401 - GENERAL
The City of Newman computer systems and electronic resources (including all intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), telephones, cell phones, pagers, tools, machines, copy machines, facsimile machines, computeis (including haidware and software), VVi Fi, internet, intranet, City network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City electronic resources or equipment.) are the exclusive property of the City of Newman and are provided for creating and transmitting business-related information. The City of Newman has the capability and reserves the right, with or without notice, to access, monitor, review, copy, and/or delete any computer files, including e-mail sent or received, and all web site communications and/or transactions. If employees make incidental use of the computer system for personal files or e-mail, employees should not expect personal files or e-mail to be protected from review by other employees. Accordingly, employees should not use computer systems to create or transmit any information they wish to keep private. Employees have no expectation of privacy in their use of any of the City's computer systems, telephones, communication devices and electronic resources.

Employees may only use computer systems and electronic resources in compliance with City policies. The City has the discretion to restrict or rescind an employee's access to computer systems or resources. Employees are expected to avoid any use or communication which is unrelated to City business, destructive, wasteful, or illegal.

SECTION 1402 - CONFIDENTIAL INFORMATION
City of Newman employees must exercise extreme caution when creating or transmitting City of Newman business information. Business information should not be transmitted to employees or other individuals who are not authorized to receive such information. Only authorized City of Newman representatives are permitted to speak on behalf of the City of Newman via the computer system. All city equipment and resources are non-public forums.

Unless authorized, employees should refrain from engaging in dialogue about confidential, proprietary, or non-public information involving the City of Newman or any City of Newman employee, investor, client, or contact. Any employee that receives such requests should direct the inquiry to an appropriate member of the City of Newman staff.

The City of Newman computer systems should not be used to solicit or proselytize for commercial ventures, religious or political causes, or outside Adopted· May II, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
85 organizations that are not authorized by the City of Newman.

SECTION 1403 - INTERNET
The City of Newman provides all employees with access to the Internet for business-related purposes. The City of Newman has the capability to review web site access. Employees have no expectation of privacy regarding the web sites accessed through the City of Newman computer system. Computer systems may "leave tracks" at web sites visited. Because of the nature of the City of Newman business, any incidental use of the Internet for personal use must be conducted with the highest degree of professionalism.

SECTION 1404 - SOFTWARE
The City of Newman prohibits the unauthorized use of software. The City of Newman expects its employees to conduct themselves responsibly in this regard.

Employees should refrain from making or using unauthorized copies of software programs.

SECTION 1405 - HARASSMENT VIA COMPUTER
The City of Newman does not tolerate sexual, racial or other forms of prohibited harassment or discrimination. If you are harassed or discriminated against through the use of the City of Newman computer system, you must report the act of harassment or discrimination to your immediate supervisor, the supervisor's supervisor or the City Manager immediately. If you feel uncomfortable doing so, or if your supervisor is the source of the problem, condones the problem, or ignores the problem, then you can direct your questions, problems complaints, or reports to the City Manager. You are not required to directly confront the person who is the source of your report, question, or complaint before notifying any of those individuals listed.

Use of the computer system to engage in any communications that are in violation of this or any City of Newman policy, including but not limited to the acquisition, possession or transmission of defamatory, obscene, offensive, or harassing material, is strictly prohibited. The City of Newman reserves the right to inspect any City of Newman computer system/equipment for violations of this policy.

SECTION 1406 - TELEPHONE I COMMUNICATION DEVICES
The City of Newman provides cellular/wireless communication devices to improve productivity, enhance public safety services, and enhance customer service to the citizens of Newman. Cellular/wireless communication devices are a City resource and Adopted: May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
86 are provided for business purposes only. Employees are to ensure their usage complies with City requirements and policies Employees of the City are to be efficient, economical, and ethical in their use and management of City resources.

Telephone I Communication Devices shall include communication devices and all communications on any such device including, but not limited to, cellular telephones, smart phones, and pagers, radios, personal data assistants (PDAs), tablets, facsimiles, emails, and text messages. This policy does not cover the use of Police Mobile Computers. All City employees assigned a City-owned communication device are required to use the devices:

1. For City business only, except in the event of an emergency. If an employee uses the device for an emergency, he/she shall let their supervisor know of the use.

2. In compliance with the City of Newman policies, and local, state, and federal laws.

3. In a safe manner.

Communication devices shall not be used to defame, harass, threaten, or transmit obscene, suggestive or offensive messages or communications, political endorsements or activities, outside employment messages, or engage in any illegal activity.

SECTION 1407 - USE OF A PERSONAL CELLULAR TELEPHONE FOR

INCIDENTAL CITY BUSINESS
An employee may choose to use his/her personal cellular telephone for incidental City business. (All usage of personal communications devices shall be subject to Department Head approval.) If an employee opts to use his/her personal cellular telephone, he/she is required to pay for any expenses for the personal cellular telephone and the City will not reimburse the employee for the cost of its use.

Communications made on a personal communication device for City business may be subject to disclosure under the California Public Records Act. Employees shall primarily use their City-issued cellular phone for City business.

SECTION 1408 - USE OF COMMUNICATION DEVICES WHILE OPERATING

VEHICLES
An employee shall only use a cellular/wireless communication device when it is safe to do so and in accordance with local, state, and federal laws.

An employee shall only use a cellular/wireless communication device that is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving
An employee may use a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NE050-007
87 proximity to the ear of the user, when driving certain vehicles, as defined in the California Vehicle Code.

This requirement does not apply to police and fire employees using a wireless device for emergency purposes as defined in the California Vehicle Code.

Text messaging is prohibited at all times when operating a vehicle.

SECTION 1409 - CONFORMANCE WITH POLICY AND PROHIBITED PERSONAL USE
Department Heads are responsible for ensuring compliance with this policy The City prohibits personal use of City-owned communication devices. The City excludes the value of City-owned cellular telephones from an employee's taxable income by this written policy ..

Department Heads or his/her designee shall:

1. Review cellular telephone billings monthly to ensure conformance to this policy.

Inappropriate personal use of City-owned communication devices shall be addressed in accordance with City rules, regulations, and policies.

2. Monitor and review at least quarterly cellular telephone service plans to ensure cost effective use of service plans.

3. Periodically review an employee's business need for a communication device.

4. Notify the Information Technology Division of account or equipment changes, and monitor and return any unused devices and/or equipment that are no longer needed.

The Finance Department shall periodically audit the City's compliance with the Internal Revenue Service substantiation requirements regarding business use of Cityowned cellular telephones.

Misuse or abuse of the City's communication devices, contracts, or programs under this policy shall result in disciplinary action up to and including dismissal of employment.

SECTION 1410 - RIGHT TO ACCESS AND DISCLOSE ANY AND ALL

COMMUNICATIONS
Employees should consider that all written communications can be read by persons other than the addressee and that the communication may later be disclosed to outside parties or a court in connection with litigation.

Accordingly, City of Newman employees are required to maintain the highest Adopted· May I!, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
88 standards of courtesy and professionalism when transmitting communications.

Employees have no expectation of privacy regarding their City communications All communications created or received using City communication devices and all data stored on City communication devices is the property of the City. Employees have no personal or property right in these communications and data and no expectation of privacy with regard to their use of City communication devices.

Furthermore, the City reserves the right to access and monitor any and all communications created or received using City communication devices, any record of such communications and a!I data stored on City communication devices, including, without limitation, e-mails, text messages, facsimiles, communication records and communication logs to ensure that all use of City communication devices is consistent with this policy and all City rules, regulations, policies and procedures. Employees have no expectation of privacy in any of these communications.

SECTION 1411 - SAFEKEEPING OF RETURN OF COMMUNICATION DEVICES An employee is responsible for the safekeeping, care, and custody of communication devices. Lost or stolen communication devices shall be reported to the appropriate Department supervisor or manager and the Information Technology Division as soon as possible.

Any City-owned communication device shall be returned to the City when the need for such devices no longer exists or when employee separates from employment.

Adopted: May 11, 2010
Last Amended- [add adoption date]
12997518.3 NE050-007
89 CHAPTER 15-VEHICLE USE POLICY
SECTION 1501 - GENERAL
The City provides vehicles to authorized employees when necessary to conduct City business. Employees are required to comply with all local, state, and federal laws and regulations at all times while driving a City vehicle. Employees shall have no expectation of privacy as to City vehicles. Employee drivers will be personally responsible for any traffic violations issued to them while driving a City vehicle.

Employee drivers of a City vehicle are also required to comply with the following:

1. Use City vehicles in the course of City business only.

2. Possess a valid California driver's license that permits operation of the type of City vehicle being driven.

3. Maintain a clean driving record. The City will utilize the Employer Pull Notice program.

4. Not use or be under the influence of drugs or alcohol while driving a City vehicle, including prescription drugs that may inhibit an employee's ability to drive.

5. Not use cellular or other electronic devices in a manner that causes operator distraction; and only use such devices for City business only and in hands-free mode while driving a City vehicle.

6. Not smoke while driving a City vehicle.

7. Not transport any other individuals unless they are necessitated by City business and where approval is given in advance, or friends or family members, in a City vehicle.

8. Immediately report to supervisor any observed mechanical issues of the City vehicle, and any accident that occurs while driving a City vehicle.

Adopted: May 77, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
90 CHAPTER 16- POLICY AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION; COMPLAINT PROCEDURE
SECTION 1601 - PURPOSE
To prevent City employees from being subjected to discrimination or sexual harassment and to ensure full equal employment opportunity, in conformance with Title VI I of the Civil Rights Act of 1964, the guidelines issued by the Equal Employment Opportunity Commission, the California Fair Employment and Housing Act and the guidelines issued by the California Fair employment and Housing Commission.

The City of Newman is committed to creating and maintaining a work environment that is free of all forms of discrimination and intimidation, including sexual harassment. The City will take preventative, corrective and disciplinary action for any behavior that violates this policy or the rights and privileges it is designed to protect.

The City has zero tolerance for any conduct that violates this policy. Conduct need not violate either federal or state law in order to constitute a violation of this policy.

A single act by a City employee may constitute a violation of this policy and provide sufficient grounds for the City to discipline the City employee.

This policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment, and retaliation by and against City covered individuals. The City encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible.

The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate sanction or disciplinary action, up to and including termination.

SECTION 1602 - COVERED INDIVIDUALS AND SCOPE OF POLICY
This policy covers the following individuals: applicants for employment at the City; City employees regardless of rank or title; elected or appointed officials of the City; interns; volunteers; and contractors.

This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
91 SECTION 1603 - DEFINITIONS
1603.1 - Protected Classifications
This policy prohibits discrimination, harassment or retaliation because of an individual's protected classification.
"Protected Classification" includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age ( 40 and over), sexual orientation, or military and veteran status, or any other basis protected by law.

This policy prohibits discrimination, harassment or retaliation for the following reasons:
(1) an individual's protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.

SECTION 1603.2 - Protected Activity
This policy prohibits discrimination, harassment, and retaliation because of an individual's protected activity.

Protected activity includes, but is not be limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this policy; (4) opposing violations of this policy; or (5) participating in an investigation under this policy.

SECTION 1603.3 - Discrimination
This policy prohibits treating a covered individual differently and adversely because of the individual's actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this policy.

SECTION 1603.4 - Harassment
This policy prohibits harassment of a covered individual because of the individual's actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(a) Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual's protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.

Adopted: May 11, 2010
Last Amended: [add adoption date]
12997518.3 NEOS0-007
92 (b) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts. (c) Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification. ( d) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.

SECTION 1603.5 - Other Examples of Conduct that Might Constitute Harassment Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:
(a) Conduct that is not intended as to harass. Conduct may violate this policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs). (b) Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation. (c) Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated. (d) Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment of a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate.

Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.

Adopted: May !I, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
93 (e) Conduct can constitute harassment even if the individual has no intention to harass. Conduct that may be well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive. 1603.6 - Retaliation
Retaliation occurs when an employer takes adverse action against a covered individual because of the individual's protected activity as defined in this policy. "Adverse action" may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.

SECTION 1604- COMPLAINT PROCEDURE
The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.

A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department Head or to the Personnel Officer, without regard to any chain of command.

Any supervisory or management employee who receives a harassment complaint should immediately notify the Personnel Officer. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the Personnel Officer or their designee will complete and/or delegate the following steps:
(a) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint.
(b) Review the factual information gathered during the investigation to determine Adopted: May II, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
94 whether the alleged conduct violated the policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred. (c) Prepare a summary report of the determination as to whether the conduct violated this policy and provide such report to the appointing authority (i.e., Personnel Officer). If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant. (d) If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
(e) Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.

If the Personnel Officer is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the above enumerated steps.

Employees shall promptly report any observed or known violations of this policy to a supervisor. Employee( s) not comfortable with reporting violations of this policy to their immediate supervisor may bypass the chain of command and report it to a higherranking member. Complaints may also be filed with the city's Personnel Officer.

SECTION 1604.1 Right to File With Outside Agency
An individual possesses the right to report workplace harassment, discrimination or retaliation to the EEOC and/or the CRD.

These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred.

The nearest EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Employees may also check the posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.

SECTION 1604.2 Confidentiality
The City will make every effort to assure the confidentiality of complaints made under this policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City's need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject Adopted: May II, 2070
Last Amended- [add adoption date]
12997518.3 NE050-007
95 of the investigation a copy of the complaint after the initial investigatory interview, if requested.

The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.

An employee may discuss their interview with a designated representative from the employee's employee organization and/or the employee's legal representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.

SECTION 1604.3 - Responsibilities
(a) Each non-supervisor or non-manager is responsible for the following:
1) Treating all individuals in the workplace or on City worksites with respect and consideration.
2) Modeling behavior that conforms to this policy.
3) Participating in periodic trainings on personnel matters. 4) Cooperating with the City's investigations pursuant to this policy by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
5) Taking no actions to influence the complainant or any potential witness while the City's investigation is ongoing.
6) Reporting any act they believes in good faith constitutes harassment, discrimination or retaliation as defined in this policy, to their immediate supervisor or manager, or Department Head, or the Personnel Officer. (b) In addition to the responsibilities set forth above, each supervisor and manager shall:
1) Informing employees under their supervision of this policy. 2) Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language).

Adopted· May 11, 2010
Last Amended- [add adoption date]
12997518.3 NEOS0-007
96 3) Receiving and responding to complaints in a uniformly fair and serious manner
4) Documenting the steps taken to resolve such complaints. 5) Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation. 6) Informing those who complain about harassment and/or discrimination of their option to contact the Equal Employment Opportunity Commission and the California Civil Rights Department to file a complaint about such activity. 7) Assisting and/or advising employees regarding this policy. 8) Assisting in the investigation of complaints involving subordinate employee(s).
9) Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
1 O)lmplementing appropriate corrective or disciplinary actions. 11) Reporting potential violations of this policy to the Personnel Officer, regardless of whether an employee complained about such conduct. 12)Participating in periodic training and scheduling employees for training.

SECTION 1605 - JUVENILES
The city has employees and/or volunteers who are minors. A minor is defined as anyone under the age of 18 years. Any case that involves a minor, a parent( s) or legal guardian(s) will be informed that their child has lodged an allegation of a violation of this policy or is named in the allegation. The parent(s) or legal guardian(s) will be given the opportunity to be present during any investigation that involves their child. Parent(s) or legal guardian(s) will receive the notification of the outcome of the investigation, if their child is the person making the allegation or offender as outlined under section 1506.

Adopted· May 11, 2010
Last Amended· [add adoption date]
12997518.3 NEOS0-007
97

Newman City CouncilSeptember 9, 2025

Newman City Council
September 9, 2025