Employees may also report hazards anonymously by completing the Hazardous/Unsafe Condition Report form without contact information and submitting the form to the IIPP Administrator through interoffice mail. Our communication system encourages all employees to inform their managers and supervisors about workplace hazards without fear of reprisal. 615.13.2 DEPARTMENT STAFF MEETINGS
Department and division level staff meetings will include a discussion of health and safety concerns and brief training sessions as appropriate. Each manager or supervisor will document health and safety communication and training included in staff meetings. Training documentation should include the subject matter of the safety issues covered, the person presenting the information, the date of the training, and the name/signature of the employees in attendance. 275
Item 7.
City of Oroville
Government Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 183 615.13.3 DEPARTMENT HEALTH AND SAFETY TRAINING
Each department has developed an occupational health and safety training matrix to ensure employees receive communication on general safety hazards and job-specific safety hazards.
Department specific training matrices are located in Appendix C. 615.13.4 SAFETY BULLETIN BOARDS/SUPPLEMENTAL COMMUNICATIONS Each department work location will maintain a safety bulletin board to meet Cal/OSHA posting requirements and to ensure ongoing communication on significant health and safety issues.
Department email messages and employee handouts on relevant topics are additional means of safety communication.
615.14 TRAINING
All employees will participate in department occupational health and safety training on general and job-specific hazards and safe work practices. Each supervisor and manager will be trained on all health and safety hazards to which employees under his or her immediate direction and control are exposed.
Department specific training requirements are identified in the Employee Safety Training Matrices located in Appendix C.
Training should be provided:
(a) In addition to hazard-specific safety training, training will be provided when: When the IIPP is first established.
(b) New employees are hired
(c) To supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed. (d) To all employees with respect to hazards specific to each employee's job assignment. (e) To all employees given new job assignments for which training has not previously been provided.
(f) Whenever new substances, processes, guidelines, or equipment are introduced to the workplace and represent a new hazard.
(g) Whenever the City is made aware of a new or previously unrecognized hazard. 615.14.1 TRAINING TOPICS
Training topics should include, as applicable:
(a) Reporting unsafe conditions, work practices, and injuries, and informing a supervisor when additional instruction is needed.
(b) Use of appropriate clothing, including gloves and footwear. (c) Use of respiratory equipment.
(d) Availability of toilet, hand-washing, and drinking-water facilities. (e) Provisions for medical services and first aid.
276
Item 7.
City of Oroville
Government Policy Manual
Illness and Injury Prevention
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 184 (f) Handling of bloodborne pathogens and other biological hazards. (g) Prevention of heat and cold stress.
(h) Identification and handling of hazardous materials, including chemical hazards to which employees could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i) Mitigation of physical hazards.
(j) Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods.
(k) Back exercises/stretches and proper lifting techniques. (l) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
(n) Other job-specific safety concerns.
615.15 RECORDS
All the following IIPP documentation is maintained for three years:
• Safety training for each employee, including the employee's name, training dates, type of training, and training providers
• Inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices identified, corrective action, and follow up • Accidents, illnesses, and near-miss inspections that identify the root cause and corrective action taken
• Regular program review
OSHA 300 and 300A logs will be maintained for five years. 615.16 PROGRAM EVALUATION
The City will review and evaluate the effectiveness of the IIPP on a regular basis. 615.17 APPENDICES
See attachment: IIPP Appendices.pdf
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Item 7.
Policy
616
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 185 Workplace Violence
616.1 PURPOSE AND SCOPE
The purpose of this policy is to make clear that the City does not tolerate any direct or implied threats of violence or violent behavior in the workplace or any act or behavior that is or can be perceived as threatening, hostile, and/or violent. This policy is to provide a workplace free of violence, as well as definitions and guidelines for employees to follow in reporting workplace violence. It is the City of Oroville's goal to maintain a violent free work environment for all employees.
616.2 POLICY
It is the policy of the City to provide and maintain a safe work environment for its employees, volunteers, and members of the public.
In responding to any violent behavior in the workplace, the City is committed to providing protection to all involved parties, including protection from future physical and/or mental harm and the protection of the legal rights of victims, witnesses, and those instigating the harm. 616.3 ZERO TOLERANCE
The City of Oroville has a zero tolerance policy for violence. If you engage in any violence in the workplace, or threaten violence in the workplace, you may receive discipline up to and including termination. No talk of violence or joking about violence will be tolerated. City employees have the right to work in an environment where their safety is paramount. For that reason, the City expects all employees to accomplish their work in a businesslike professional manner with concern for the well-being of their co-workers and others.
The City of Oroville maintains an Employee Assistance Program (EAP), which provides help to employees and their families who suffer from personal/emotional problems. The EAP provides professional counseling on a strictly confidential basis. The City encourages employees to seek professional help for any personal problems that may arise. "Violence" includes any conduct which in the view of the City of Oroville is sufficiently severe, offensive, or intimidating to alter the employment conditions or to create a hostile, abusive, or intimidating work environment for one or more City employees. "Violence" also includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities against another employee. It is the intent of this policy to ensure that everyone associated with the City of Oroville, including employees and customers, never feel threatened by any employee's actions or conduct.
Examples of Workplace Violence include but are not limited to:
(a) Hitting or shoving an individual(s) or property.
(b) Threatening to harm individual(s) or his/her family, friends, associates, or their property.
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Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 186 (c) The intentional destruction or threat of destruction of property owned, operated, or controlled by the City of Oroville.
(d) Making harassing or threatening telephone calls, letters or other forms of written, verbal or electronic communications.
(e) Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interest of the City.
(f) Harassing surveillance, also known as "stalking", the willful, malicious and repeated following of another person and making a credible threat with intent to place the other person in reasonable fear of his/her safety.
(g) Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on City property.
616.4 PROHIBITED BEHAVIOR
No employee shall engage in, encourage, or promote violent behavior toward any person while conducting city business or on city property.
No employee engaged in city business shall carry or possess weapons or explosives unless either:
(a) Permitted by city policy.
(b) State or local law prohibits the City from restricting the possession of the weapon or explosive.
616.4.1 APPLICATION OF PROHIBITION
The City of Oroville's prohibition against threats and acts of violence applies to all persons involved in the City's operations, including but not limited to, City personnel, contract and temporary workers, volunteers and any other individual(s) on City property. Violations of this policy by any employee on City property or by any employee acting as a representative of the City while not on City property may be disciplined up to and including termination. 616.5 ALL WEAPONS BANNED
The City of Oroville specifically prohibits the possession of weapons by any employee while on City of Oroville property. This ban includes keeping or transporting a weapon in a vehicle in a parking area, whether public or private. Employees are also prohibited from carrying a weapon while performing services off the City of Oroville's business premises.
While some employees of the City may be required as a condition of their work assignment (Sworn Peace Officers) to possess firearms, weapons or other dangerous devices, or permitted to carry them as authorized by law, it is the City's policy that these employees are to use them only in accordance with departmental operating guidelines and all applicable State and Federal Laws.
Weapons include guns, knives, explosives, and other items with the potential to inflict harm.
Appropriate disciplinary action, up to and including termination, will be taken against any employee who violates this policy.
279
Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 187 616.6 REPORTING AND INVESTIGATING
616.6.1 EMPLOYEE RESPONSIBILITY
It is everyone's business to prevent violence in the workplace. Any employee who believes (s)he has been threatened or assaulted or who has knowledge of work-related threats of violence by a co-worker, supervisor, manager or non-employee should promptly report the incident to his/ her immediate supervisor. If an employee feels an immediate threat they should call 911. If an employee, for any reason, feels uncomfortable reporting the incident to his/her supervisor, the behavior should be reported to the Department Head, City Administrator or Human Resources.
This applies to not only an employee's conduct in the workplace but also to off duty conduct of a violent or threatening nature, which creates friction between employees or interferes with the City's goal to maintain a respectful, harmonious environment for employees and customers.
Employees who observe conduct or overhear comments that raise concerns regarding compliance with this policy are encouraged to promptly report such conduct to any of the persons listed above.
The City encourages employees to report complaints and assists the City informally to resolve problems involving violence. The City's ability to resolve these kinds of problems is dependent on employee cooperation in reporting incidents that create an offensive work environment or otherwise appear to violate this policy.
Supervisors and management employees who receive a complaint or become aware of conduct that raises concerns regarding a violation of this policy must promptly report the conduct or concern in questions to the City Administrator or Human Resources. 616.6.2 SUPERVISOR AND MANAGER/ADMINISTRATOR RESPONSIBILITIES Upon receipt of a report of potential or actual workplace violence, supervisors shall gather as much information as possible to assess and determine the severity and potential of the situation. If the report is found to be credible, the City Administrator or the authorized designee shall be notified as soon as practicable and appropriate action taken.
Local law enforcement personnel shall be notified immediately of all threatening or violent behavior.
616.6.3 INVESTIGATION
In the event a complaint or concern arises, with regard to compliance with this policy, the City will promptly conduct an investigation to determine the validity of the complaint and what, if any, corrective action should be taken to resolve the matter and to restore a violent free environment.
Investigations will be kept confidential to the extent the City determines confidentiality can be maintained while allowing the City to comply with its obligation to investigate and take appropriate corrective action, as well its obligation to afford employees union representation and due process rights. Any investigation of Peace Officers shall be conducted to maintain the confidentiality of Peace Officer records. Investigations shall be conducted by a Peace Officer as defined under Penal Code 830 et. Seq.
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Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 188 Depending on the seriousness of the allegation(s) and other factors that the City deems relevant, such as security concerns, potential disruption, etc., employees accused of violating this policy may be asked to leave the premises immediately and be placed on paid leave pending an investigation. Corrective action may include disciplinary action up to and including termination.
City employees are required to cooperate in any investigation. A timely resolution of each report should be reached and communicated to all parties involved as quickly as possible. 616.6.4 REPORTING NON-WORK-RELATED THREATENING OR VIOLENT BEHAVIOR City employees who are victims of domestic violence or other threatening behavior outside of the workplace, or who believe they are potential victims of such behavior and fear it may enter the workplace, are encouraged to report the situation as soon as possible to their supervisors.
Supervisors receiving any such report shall contact the City Administrator or the authorized designee as soon as practicable so that any appropriate safety measures or plans may be developed.
616.7 RETALIATION PROHIBITED
The City of Oroville respects the right of employees to raise concerns regarding violent activities and cooperate with necessary investigations. Retaliation against employees who report violence or participate in investigations is strictly prohibited. "Retaliation" is broadly construed. It includes not only overt retribution, but also actions such as refusal to communicate or cooperate regarding work-related matters, withholding information or assistance needed to perform one's job, more closely scrutinizing an employee's work performance, etc.
Any employee who feels (s)he has been retaliated against for reporting violence or participating in an investigation should promptly report the retaliation to his/her immediate supervisor. If the employee, for any reason, feels uncomfortable reporting the alleged retaliation to his/her immediate supervisor, the employee may report to their Department Head, the City Administrator or Human Resources.
616.8 RESTRAINING ORDERS
Employees who obtain a restraining order listing their workplace, person, or the City property as a protected area must provide a copy of the restraining order to their immediate supervisor or the City Administrator or the authorized designee. The City needs this information in order to provide a safe workplace.
281
Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 189 616.9 FOLLOW-UP ACTION
Any employee reported to have exhibited violent or potentially violent behavior will be afforded all rights provided by law and applicable employment agreements before the City takes any disciplinary action.
Actions that may be taken when an employee has been found to have violated this policy include but are not limited to the following:
• Mandatory participation in counseling
• Placing the employee on paid administrative leave pending investigation into an alleged threat or act
• Corrective/disciplinary action up to and including termination • Criminal arrest and prosecution
• Special guidelines, such as job relocation or initiation of a court order If, upon investigation, it is determined that an allegation is false or was made maliciously, the employee who provided the false information will be subject to disciplinary action, up to and including termination, as well as possible criminal arrest and prosecution. 616.10 LEGAL ACTION
The City Administrator or the authorized designee, in consultation with legal counsel, will determine if a temporary restraining order or injunction should be sought on behalf of the City to reduce future or threatened violent behavior in the workplace. 616.11 CORRECTIVE ACTIONS
At the completion of the investigation and a review of the incident, or in the case of a threat of violence, non-disciplinary corrective actions should be implemented or requested to ensure overall workplace safety. These actions may include but are not limited to:
• Placing the involved employee on administrative leave pending further review and determination of permanent action.
• Administrative leave would be unpaid in the case of a volunteer. • Reassigning the employee to a different work location. • Referring the employee to conflict resolution training sessions. • Referring the employee to the employee assistance program (EAP). • Modifying workstation designs and office traffic flow patterns. • Requiring the employee to attend a fitness-for-duty evaluation. • Developing specific workplace violence guidelines for incident response, prevention, and corrective actions.
282
Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 190 616.12 WORKPLACE VIOLENCE PREVENTION
All city employees are responsible for assisting in the prevention of violence in the workplace.
The City will provide appropriate training to employees regarding workplace violence.
In the event a violent incident occurs in the workplace, the City Administrator or the authorized designee is responsible for ensuring that all responsibilities have been met and actions carried out, as detailed in this policy, and shall review the results of any investigation and ensure appropriate action is taken. Information gathered during an investigation should be used for the continuous improvement of policies and guidelines to prevent workplace violence. 616.12.1 WORKPLACE SECURITY MEASURES
In an effort to fulfill this commitment to a safe work environment for employees, customers, and visitors, access to the City of Oroville's property is limited to those with a legitimate business interest.
Also, any employee who applies for or obtains a protective or restraining order which lists the City of Oroville sites as being protected areas, must provide their immediate supervisor and the Human Resource Department a copy of the order(s) to assist in eliminating any chance of causing the employee or any fellow employees harm in the workplace. The City of Oroville understands the sensitivity of the information requested and will respect the privacy of the reporting employee(s). 616.12.2 INSPECTIONS
Desks, telephones, and computers are the property of the City of Oroville. The City reserves the right to enter or inspect your work area including, but not limited to, desks and computer storage disks, fax, copier, phone, e-mail and mail systems, with or without notice. When required by law, the City will give appropriate notice and follow proper guideline to conduct such inspection such as those required for Peace Officers under Govt. Code section 3309.
The fax, copier, phone, e-mail and mail systems, including e-mail, are intended for business use.
Personal business should not be conducted through these systems. Under conditions approved by management, telephone conversations and e-mails may be monitored and voice mail messages may be retrieved in the process of monitoring customer service.
Any private conversations overheard during such monitoring, or private messages retrieved, that constitute threats against other individuals can and will be used as the basis for discipline. 616.13 ANNUAL TRAINING
The City of Oroville shall provide annual training on workplace violence to train employees in the risk factors associated with workplace violence and proper handling of the situation in order to minimize the risks of violent incidents occurring in the workplace. 616.13.1 DISSEMINATION OF POLICY
All employees will be given this policy and shall sign and date the acknowledgment document to be placed in their personnel file.
283
Item 7.
City of Oroville
Government Policy Manual
Workplace Violence
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Violence - 191 616.13.2 ACKNOWLEDGING RECEIPT OF THE CITY OF OROVILLE'S WORKPLACE
VIOLENCE POLICY AND COMPLAINT GUIDELINE
I have received a copy of the City of Oroville's Workplace Violence Policy and Complaint Procedure, specifying policies, practices, and regulations, which I agree to, observe and follow during my employment with the City of Oroville.I understand that it is my responsibility to be familiar with its contents and to ask questions on any matters I don't understand.
I certify that I have received and read a copy of the City's Workplace Violence Policy. ___________________________________________________ ____________________ Employee Signature Date
284
Item 7.
Policy
617
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Outside Employment - 192 Outside Employment
617.1 PURPOSE AND SCOPE
This policy provides guidelines for city employees who seek to engage in authorized outside employment.
617.1.1 DEFINITIONS
Definitions related to this policy include:
Outside employment - Duties or services performed by employees of the City for another employer, organization, or individual when wages, compensation, or other consideration for such duties or services is received. Outside employment also includes duties or services performed by those employees who are self-employed and receive compensation or other consideration for services, products, or benefits rendered.
617.2 POLICY
City employees shall obtain written approval from the City Administrator or the authorized designee prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the City Administrator or the authorized designee in accordance with the provisions of this policy. Failure to obtain prior written approval for outside employment, or engaging in outside employment that is prohibited by this policy, may lead to disciplinary action. 617.3 OUTSIDE EMPLOYMENT
617.3.1 REQUEST AND APPROVAL
Employees must submit a written request to engage in outside employment to their immediate supervisors. The request will then be forwarded to the City Administrator or the authorized designee for consideration.
If approved, the employee will be provided with a written notification of approval. Unless otherwise indicated in writing, approval for outside employment will be valid through the end of the calendar year in which the request is approved. Employees seeking to continue outside employment must submit a new request at the start of each calendar year. 617.3.2 DENIAL
Any employee whose request for outside employment has been denied should be provided with a written notification of the reason at the time of the denial. 617.3.3 REVOCATION
Any employee whose approval for outside employment is revoked or suspended should be provided with a written notification of the reason for revocation or suspension.
Approval for outside employment may be revoked or suspended:
285
Item 7.
City of Oroville
Government Policy Manual
Outside Employment
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Outside Employment - 193 (a) When a supervisor determines the employee’s performance is failing to meet standards and the outside employment may be related to the deficient performance.
1. Approval for the outside employment may be re-established when the employee’s performance has reached a satisfactory level and with a supervisor’s authorization.
(b) When an employee’s conduct or outside employment conflicts with city policy or any law.
(c) When the outside employment creates an actual or apparent conflict of interest with the City.
617.3.4 APPEAL
If an employee’s request for outside employment is denied or if previous approval is revoked or suspended, the employee may file a written notice of appeal with the City Administrator or the authorized designee within 10 days of receiving notice of the denial, revocation, or suspension.
A revocation or suspension will only be implemented after the employee has completed the appeal process.
If the employee’s appeal is denied, the employee may file a grievance as provided in the Grievances Policy.
617.4 REQUIREMENTS
617.4.1 PROHIBITED OUTSIDE EMPLOYMENT
The City reserves the right to deny any request for outside employment that involves:
(a) The use of city time, facilities, equipment, or supplies. (b) The use of any city badge, uniform, or influence for private gain or advantage. (c) The employee’s receipt or acceptance of any money or other consideration for the performance of duties or services required or expected of the employee in the normal course of employment or appointment.
(d) The performance of duties or services that may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other employee of the City. (e) Demands upon the employee’s time that would render the employee’s work performance for the City deficient or substandard.
(f) Activities that may conflict with any other policy or rule of the City. 617.4.2 LOCAL GOVERNMENT RESOURCES
Employees are prohibited from using any city equipment or resources in the course of, or for the benefit of, any outside employment. This shall include the prohibition against employees using their position with the City to gain access to official records or databases. 286
Item 7.
City of Oroville
Government Policy Manual
Outside Employment
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Outside Employment - 194 617.4.3 REVIEW OF FINANCIAL RECORDS
Unless prohibited by law under the circumstances, prior to approving outside employment, the City Administrator or the authorized designee may request that an employee provide a copy of personal financial records for review if it is determined that a conflict of interest may exist. Failure or refusal by the employee to provide such records may result in denial of the outside employment.
If, after approving a request for outside employment, the City obtains information that a financial conflict of interest exists, the City Administrator or the authorized designee may request that the employee provide a copy of personal financial records for review. Failure or refusal by the employee to provide such records may result in revocation or suspension of approval of the outside employment pursuant to this policy.
617.4.4 CHANGES IN OUTSIDE EMPLOYMENT STATUS
Employees who terminate their outside employment shall promptly submit written notification of such termination to their immediate supervisor. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through the guidelines set forth in this policy.
Employees shall also promptly submit in writing to their immediate supervisor any material changes in outside employment, including any change in the number of hours, type of work, or the demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change. 617.4.5 LEAVE OR RESTRICTED DUTY STATUS
Employees who are placed on leave or other restricted duty status shall inform their immediate supervisors in writing within five days as to whether they intend to continue their outside employment while on such leave or restricted status. The immediate supervisor shall review the duties of the outside employment, along with any related orders (e.g., administrative, medical), and make a recommendation to the City Administrator or the authorized designee regarding whether such employment should continue.
In the event that the City Administrator or the authorized designee determines that the outside employment should be discontinued, or if the employee fails to promptly notify an immediate supervisor of the employee’s intention regarding outside employment, a notice revoking approval of the outside employment will be forwarded to the employee and a copy attached to the original outside employment request.
Criteria for revoking approval due to leave or restricted duty status include but are not limited to:
(a) The outside employment is medically detrimental to the total recovery of the employee. (b) The outside employment requires performance of the same or similar physical ability as would be required in the employee’s city job.
(c) The employee fails to give timely notice of intent regarding outside employment to an immediate supervisor.
287
Item 7.
City of Oroville
Government Policy Manual
Outside Employment
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Outside Employment - 195 When the employee returns to full duty with the City, a written request may be submitted to the City Administrator or the authorized designee to approve the outside employment request. 288
Item 7.
Policy
618
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Personal Appearance Standards - 196 Personal Appearance Standards
618.1 PURPOSE AND SCOPE
This policy provides guidelines for the personal appearance of city employees.
Dress code requirements for uniformed and non-uniformed employees are addressed in the Dress Code Policy.
618.2 POLICY
City employees shall maintain their personal hygiene and appearance to project a professional image that is appropriate for public service and for the department in which they work. Personal appearance standards are primarily based on safety requirements, appearance conformity, and the social norms of the community served, while considering matters important to city employees. 618.3 GROOMING
The following appearance standards shall apply to all employees unless the employee’s supervisor has granted an exception.
618.3.1 PERSONAL HYGIENE
All employees must maintain proper personal hygiene. Examples of improper personal hygiene include but are not limited to dirty fingernails, bad breath, body odor, and dirty or unkempt hair.
Employees should adhere to the following general guidelines in their personal appearance when presenting to work. Employees may be subject to additional personal hygiene standards set forth in supplemental policies established by each department. (a) Hair shall be neatly trimmed or arranged.
(b) Facial hair (e.g., beards, goatees, sideburns, mustaches, eyebrows) must be clean and well-groomed. Facial hair for certain employees may be prohibited if it creates a safety hazard (i.e., facial hair for employees who regularly wear certain types of respirators).
(c) Fingernails should be clean and neatly trimmed to a length that does not present a safety concern.
618.4 APPEARANCE
618.4.1 JEWELRY
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches, and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety concern for the employee or others. Jewelry that depicts racial, sexual, discriminatory, gangrelated, or obscene language is not allowed. 618.4.2 TATTOOS
289
Item 7.
City of Oroville
Government Policy Manual
Personal Appearance Standards
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Personal Appearance Standards - 197 During work hours and while representing the City in any official capacity, employees should make every reasonable effort to conceal tattoos or other body art. At no time while an employee is representing the City in any official capacity shall any offensive tattoo, henna or other body art be visible. Examples of offensive tattoos include but are not limited to those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist group affiliation; and those that depict or promote drug use, sexually explicit acts, or other obscene material. 618.4.3 BODY PIERCING OR ALTERATION
Body piercing (other than earlobes) or alteration to any area of the body that is visible while representing the City in any official capacity, that is a deviation from normal anatomical features, and that is not medically required, is prohibited. Such body alteration includes but is not limited to:
(a) Tongue splitting or piercing.
(b) The complete or transdermal implantation of any material other than hair replacement (i.e., foreign objects inserted under the skin to create a design or pattern). (c) Abnormal shaping of the ears, eyes, nose, or teeth (i.e., enlarged or stretched out holes in the earlobes).
(d) Branding, scarification, or burning to create a design or pattern. 618.4.4 DENTAL ORNAMENTATION
Dental ornamentation that is for decorative purposes and that is not medically required is prohibited while representing the City in any official capacity. Such ornamentation includes but is not limited to:
(a) Objects that are bonded to front teeth.
(b) Gold, platinum, or other veneers or caps used for decorative purposes. 618.4.5 GLASSES AND CONTACT LENSES
Eyeglasses and sunglasses shall present a professional image. Contact lenses with designs that change the normal appearance of the eye and that are not medically required are prohibited during work hours and while representing the City in any official capacity. 618.4.6 COSMETICS AND FRAGRANCES
Cosmetics shall present a professional image. Use of cologne, perfume, aftershave lotion, and other items used for body fragrance shall be kept to a minimum. 618.5 EXEMPTIONS
City employees may request exemptions from portions of this policy when application would affect a disability, a religious practice or belief, or other protected characteristics. Requests for 290
Item 7.
City of Oroville
Government Policy Manual
Personal Appearance Standards
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Personal Appearance Standards - 198 exemptions should be addressed to the City Administrator or the authorized designee. The City Administrator should be advised any time a request for accommodation is denied. 291
Item 7.
Policy
619
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Dress Code - 199 Dress Code
619.1 PURPOSE AND SCOPE
This policy provides dress code guidelines for city employees.
Other related topics are addressed in the Local Government-Owned and Personal Property and Personal Appearance Standards policies.
619.2 POLICY
It is the policy of the City that uniformed employees are readily identifiable to the public through the proper use and wearing of city uniforms and that the appearance of all employees is suitable and appropriate for their position.
619.3 WORK ATTIRE FOR NON-UNIFORMED EMPLOYEES
Non-uniformed employees shall dress in a manner appropriate for their position and any department-specific standards. The following guidelines apply to all non-uniformed employees:
(a) Clothing shall fit properly, be clean and free of stains, and not be damaged or excessively worn.
(b) Employees assigned primarily to an office environment, including management, administrative, and support positions, shall wear business-appropriate attire. (c) Variations from this policy are allowed at the discretion of the employee's immediate supervisor or the head of the department based upon the employee's assigned job duties.
(d) No item of civilian attire that would adversely affect the reputation of the City or employee morale may be worn during work hours.
(e) The following items shall not be worn during work hours or when representing the City in any official capacity:
1. Clothing that reveals cleavage, the back, chest, stomach, or buttocks
2. T-shirt alone or exposed undergarments
3. Swimsuits, tank tops, tube tops, or halter tops
4. Sweatshirts, sweatpants, or similar exercise clothing
5. Spandex-type pants or transparent clothing
6. Shorts
7. Clothing, buttons, or pins displaying racial, sexual, discriminatory, gang-related, or obscene language
619.4 UNIFORMS
292
Item 7.
City of Oroville
Government Policy Manual
Dress Code
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Dress Code - 200 The City will provide uniforms for all employees who are required to wear them in the manner, quantity, and frequency agreed upon in the respective employee group's employment agreement, if applicable. The City may provide other employees with uniforms at the direction of the City Administrator.
The City Administrator or the authorized designee shall maintain and update uniform and equipment specifications, which should be consulted by employees as needed. Uniforms shall be worn as described therein and as specified in this policy and any supplemental department policies.
The following shall apply to those employees assigned to wear city-issued uniforms:
(a) Uniforms and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed, as necessary for the position.
(b) Uniforms shall be worn in compliance with any applicable city specifications and department policy.
(c) Uniforms are only to be worn during work hours, at official city functions or events, while in transit to or from work, or when authorized by the City Administrator or the authorized designee.
(d) Employees are not to purchase or drink alcoholic beverages while wearing any part of city-issued uniforms.
(e) Supervisors shall monitor employee compliance with this policy through periodic inspections of employees within their department who wear a city-issued uniform.
All uniforms and equipment issued to city employees shall be returned to the City upon termination or resignation.
619.5 UNAUTHORIZED UNIFORMS, EQUIPMENT, AND ACCESSORIES City employees may not wear any uniform item, accessory, or attachment unless specifically authorized by the City Administrator or the authorized designee.
Employees may not use or carry any safety item, tool, or other piece of equipment unless specifically authorized by the City Administrator or the authorized designee. 293
Item 7.
Policy
620
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 201 Family and Medical Leave
620.1 PURPOSE AND SCOPE
The purpose of this policy is to provide general guidance for managing unpaid leave for eligible employees for qualified medical and family reasons, including (29 USC § 2612):
• The birth, adoption, or foster care placement of a child. • To care for a qualified family member with a serious health condition. • When an employee is unable to work because of the employee's own serious health condition.
• To care for a spouse, son, daughter, parent, or next of kin who is a service member of the United States Armed Forces and who has a serious injury or illness incurred in the line of duty.
This policy does not address all possible situations and circumstances that may arise when an employee requests leave for family or medical reasons. As these leave situations arise, supervisors should consult with the City Administrator or authorized designee to obtain specific guidance regarding leave rights and obligations.
Nothing in this policy supersedes any provision of any employment agreement, civil service or other local rule, or any law that provides greater family or medical leave rights. 620.1.1 DEFINITIONS
Definitions related to this policy include:
Child - A child under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability (29 USC § 2611; 29 CFR 825.102; 29 CFR 825.122).
An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster child; stepchild; or a child for whom the employee is standing in loco parentis (in place of a parent).
FMLA - The federal Family and Medical Leave Act (29 USC § 2601 et seq.).
Qualified health care professional - A physician, surgeon, doctor of osteopathy, podiatrist, dentist, psychologist, optometrist, nurse practitioner, nurse midwife, clinical social worker, or physician assistant duly licensed and authorized to practice medicine; chiropractors for some purposes; any health care provider from whom the city benefits plan will accept certification of the existence of a serious health condition to substantiate a claim for benefits (29 CFR 825.125).
Spouse - The person with whom an employee has entered into a marriage defined or recognized by the location in which the marriage was entered into (29 USC § 2611(13); 29 CFR 825.102; 29 CFR 825.122).
620.2 POLICY
It is the policy of the City to manage unpaid leave for eligible employees for qualified medical and family reasons in compliance with federal law and any applicable employment agreement. 294
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 202 620.3 ELIGIBLE EMPLOYEES
Employees are eligible for FMLA after working for the City for at least one year and completing 1,250 hours over the 12 months prior to the commencement of the leave (29 USC § 2611; 29 CFR 825.110). Employees may not be eligible for leave if there are fewer than 50 other employees within 75 miles of the employee’s work site.
620.4 TYPE AND DURATION OF LEAVE
Generally, eligible employees are entitled under FMLA to 12 workweeks of unpaid leave during a 12-month period (29 USC § 2612; 29 CFR 825.100). Up to 26 weeks of unpaid leave during a single 12-month period may be available to care for certain injured military service members.
The 12-month period is measured backward from the date leave is taken and continuously with each additional leave day taken.
620.4.1 SERIOUS HEALTH CONDITIONS
Eligible employees may take up to 12 weeks of leave to care for a spouse, child, or parent with a serious health condition or when the employee is unable to work because of the employee's own serious health condition (29 USC § 2612(a)(1); 29 CFR 825.200).
If both spouses are employed by the City, the combined number of workweeks to care for a sick parent is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.201).
Generally, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves (29 USC § 2611; 29 CFR 825.113):
• An overnight stay in a hospital, hospice, or residential medical care facility (29 CFR 825.114).
• Continuing treatment by a qualified health care professional due to a serious health condition of more than three full consecutive calendar days (29 CFR 825.115(a)). • Any period of incapacity due to pregnancy complications or prenatal care (29 CFR 825.115(b)).
• A chronic condition that requires treatment (29 CFR 825.115(c)). • A permanent condition for which treatment may not be effective (such as Alzheimer’s or the terminal stages of a disease) (29 CFR 825.115(d)). • Any period of absence to receive multiple treatments, including any recovery period, 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 without medical intervention or treatment (such as cancer chemotherapy or physical therapy for arthritis) (29 CFR 825.115(e)).
620.4.2 BIRTH OR PLACEMENT OF A CHILD
Eligible employees may take up to 12 weeks of leave for the birth, adoption, or foster care placement of a child of the employee (29 USC § 2612; 29 CFR 825.200). The leave must be 295
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 203 concluded within one year of the birth or placement of the child (29 CFR 825.120; 29 CFR 825.121).
If both parents are employed by the City, the combined number of workweeks of leave is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.120; 29 CFR 825.121). 620.4.3 MILITARY EXIGENCY LEAVE
Eligible employees may take service member leave of up to 12 weeks for qualifying exigencies occurring because a spouse, child, or parent is on covered active duty or has been notified of an impending order to active duty (29 USC § 2612(a)(1)(E); 29 CFR 825.200). This type of leave is available to a family member of a person in the National Guard, Reserves, or members of the regular Armed Forces deployed to a foreign country. Qualifying exigencies include (29 CFR 825.126):
• Addressing issues that arise from a short notice (seven or less days) deployment. • Attending military events related to the active duty or call to duty. • Attending family support or assistance programs.
• Making child care or educational arrangements or attending school activities arising from active duty or a call to active duty.
• Making financial and legal arrangements.
• Spending time with a military member who is on short-term rest-and-recuperation leave during a period of deployment.
• Attending post-deployment activities.
• Addressing issues that arise from the death of a military member, such as making funeral arrangements.
• Caring for a military member's parent who is incapable of self-care, such as providing care on an immediate-need basis or arranging for alternative care. 620.4.4 MILITARY CAREGIVER LEAVE
Eligible employees may take up to 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform work (29 USC § 2612; 29 CFR 825.200).
Military caregiver leave is also available to family members of covered veterans who were members of the Armed Forces, including the National Guard or Reserves, at any point in the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy (29 USC § 2612; 29 CFR 825.127).
During the single 12-month period, employees are entitled to no more than a combined total of 26 weeks of FMLA leave. In any case in which both spouses are employed by the City, the combined number of workweeks of leave is limited to 26 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.127).
296
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 204 Service member FMLA leave runs concurrent with other leave entitlements provided under federal, state, and local law. Where 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.
620.4.5 INTERMITTENT LEAVE
An employee may take leave for the employee’s own serious health condition, for the serious health condition of the employee’s spouse, child, or parent, or to care for a covered service member with a serious injury or illness, intermittently or on a reduced schedule if medically necessary, and if that medical need can best be accommodated by an intermittent schedule as defined in federal law (29 USC § 2612(b); 29 CFR 825.202; 29 CFR 825.124).
Leave due to a military exigency may be taken on an intermittent or reduced leave schedule (29 CFR 825.202).
Intermittent leave for the birth, adoption, or foster care placement of a child is only available if granted at the discretion of the City Administrator, unless the employee has a serious health condition in connection with the birth or if the newborn child has a serious health condition (29 CFR 825.120; 29 CFR 825.121).
Intermittent leave for any employee shall be tracked and calculated. 620.4.6 PREGNANCY DISABILITY LEAVE
Pregnant employees who are disabled by pregnancy may be entitled to a disability leave in addition to any FMLA leave. The duration of leave is dependent on the circumstances. The City Administrator shall defer to a pregnant employee’s qualified health care professional in assessing the employee's ability to work.
620.5 EMPLOYMENT BENEFITS WHILE ON LEAVE
While on leave, employees will continue to be covered by any group health insurance to the same extent that coverage is provided while the employee is on the job (29 USC § 2614(c); 29 CFR 825.209). However, employees will not continue to be covered under non-health benefit plans.
Employees are responsible for any health plan employee contributions while on leave (29 CFR 825.210). Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after the leave entitlement has been exhausted or expires, the City may 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 the employee's family member that would entitle the employee to leave, or because of circumstances beyond the employee’s control (29 CFR 825.213). The City may recover premiums through deduction from any sums (e.g., unpaid wages, vacation pay).
Employees may not earn additional time off while on unpaid leave. 297
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 205 620.6 SUBSTITUTION OF PAID ACCRUED LEAVES
Subject to applicable employment agreements and civil service rules, employees are required to exhaust all applicable paid accrued leave before taking unpaid leave. Paid accrued leave includes vacation leave, sick leave, personal leave, and compensatory time earned in lieu of overtime, pursuant to the Fair Labor Standards Act, during FMLA leave. Employees may not use paid accrued leave to extend FMLA leave beyond 12 workweeks per year. 620.7 USE OF FMLA LEAVE
If an employee takes a leave of absence for any reason that is FMLA qualifying, the City may designate that non-FMLA leave as running concurrently with the employee’s 12-week FMLA leave entitlement.
620.8 GUIDELINES
The following guidelines will apply for all employees requesting leave under FMLA:
(a) When a leave is requested for a medical or other FMLA-related treatment appointment, the employee must make a reasonable effort to schedule the appointment at a time that minimizes disruption to city operations (29 USC § 2612; 29 CFR 825.302). (b) An employee who wishes to take FMLA leave must provide the employee's supervisor with 30 days' advanced notice when the leave is foreseeable or as soon as practicable if the need for leave is not foreseeable (29 USC § 2612; 29 CFR 825.302; 29 CFR 825.303).
(c) At the time of the request, the employee must complete an FMLA request form.
Requests for medical leave shall be accompanied by a qualified health care professional statement, including the date on which the serious health condition began and the estimated date of return to work (29 USC § 2613; 29 CFR 825.302).
Once the leave is requested or designated by the City, the supervisor should forward the request and any medical certifications to the City Administrator or the authorized designee and ensure the employee is provided the necessary forms and FMLA information and required notices within five business days (29 CFR 825.300).
Employees are required to provide medical certification of a qualified health care professional or military documentation, if requested (29 CFR 825.305; 29 CFR 825.308; 29 CFR 825.309; 29 CFR 825.310).
Employees shall be required to periodically report on their status and intent to return to work (29 USC § 2614; 29 CFR 825.311). This may assist in avoiding a delay in reinstatement when the employee is ready to return to work.
Employees returning from a medical leave for the employee's own serious health condition will be required to present medical verification from a qualified health care professional of the employee's ability to return to work and a list of any restrictions that need to be accommodated (29 USC § 2614; 29 CFR 825.100; 29 CFR 825.312).
298
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 206 620.9 REINSTATEMENT FOLLOWING LEAVE
Generally, employees returning from FMLA leave within the qualified period will be restored to their original job or to an equivalent job with equivalent pay and benefits (but not seniority), unless the employee would not otherwise have been employed at the time reinstatement is requested (e.g., in the case of a layoff) (29 USC § 2614; 29 CFR 825.214; 29 CFR 825.216).
If the same position is no longer available, such as in a layoff, the employee will be entitled to a position that is comparable in pay, job content, and promotional opportunities and geographic location, if such a comparable position exists.
If upon return from leave an employee is unable to perform the essential functions of the job because of a physical or mental disability, the supervisor should work with the City Administrator or the authorized designee to engage in an interactive process with the employee to identify a potential reasonable accommodation.
After exhausting paid FMLA leave, non-paid leave will continue until the conclusion of the protected 12- or 26-week time limit. Following the protected leave, the City Administrator or the authorized designee in consultation with the legal counsel will determine whether non-FMLA leave should apply.
620.10 RESPONSIBILITY
The responsibilities of the City Administrator or the authorized designee include but are not limited to (29 CFR 825.108; 29 CFR 825.110; 29 CFR 825.112; 29 CFR 825.300; 29 CFR 825.301):
(a) Attempting to determine whether an employee absence of four or more days may qualify as FMLA leave.
(b) Determining if an employee is eligible for FMLA leave. (c) Determining if leave is for an FMLA-qualifying reason. (d) Granting or denying a request for FMLA leave and providing designation notice to the employee within five business days of designation.
(e) Providing eligibility notice to the employee within five business days of the request for FMLA leave or when acquiring knowledge that an employee's leave may be for FMLA.
1. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible.
(f) Providing a written rights and responsibilities notice each time the eligibility notice is provided to an employee.
The City Administrator or the authorized designee should work with legal counsel regarding questions relating to leave or reinstatement from leave under this policy. 620.11 RECORDS
The City will maintain leave-related records as required by 29 CFR 825.500 for at least three years and in compliance with the city's established records retention schedule. 299
Item 7.
City of Oroville
Government Policy Manual
Family and Medical Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Family and Medical Leave - 207 Records and documents related to doctor certifications and other medical information created for purposes of complying with FMLA and this policy shall be maintained as confidential medical records in separate files from employee personnel files. 620.12 NOTICE TO EMPLOYEES
The City Administrator or the authorized designee should ensure that a notice explaining the FMLA's provisions and guidelines is prominently posted in conspicuous places in the City where it can be readily seen by all employees and applicants for employment. Electronic posting is sufficient as long as the other posting requirements have been met as provided by 29 CFR 825.300 (29 CFR 825.300).
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Item 7.
Policy
621
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Sick Leave - 208 Sick Leave
621.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave. Additional terms for the of use of sick leave for eligible employees may be covered in another applicable city policy or employment agreement.
This policy is not intended to cover all types of sick leave. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as addressed in the Family and Medical Leave Policy.
621.2 POLICY
It is the policy of the city to provide eligible employees with a sick leave benefit. 621.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury or illness (see the Outside Employment Policy).
Qualified appointments should be scheduled during an employee's non-working hours when it is reasonable to do so.
621.3.1 NOTIFICATION
All employees should notify the appropriate supervisor as soon as they are aware that they will not be able to report to work and no less than one hour before the start of their scheduled shifts.
If, due to an emergency, an employee is unable to contact the supervisor, every effort should be made to have a representative for the employee contact the supervisor.
When the necessity to be absent from work is foreseeable, such as planned medical appointments or treatments, the employee shall, whenever possible and practicable, provide the City with no less than 10 days' notice of impending absence.
Upon return to work, employees are responsible for ensuring their time off was appropriately accounted for, and for completing and submitting the required documentation describing the type of time off used and the specific amount of time taken. 621.4 EXTENDED ABSENCE
Employees absent from work for more than three consecutive days shall be required to furnish a statement from a health care provider or verification supporting the need to be absent and/or 301
Item 7.
City of Oroville
Government Policy Manual
Sick Leave
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Sick Leave - 209 the ability to return to work. Employees on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return.
Nothing in this section precludes a supervisor from requiring, with cause, a health care provider's statement for an absence of three or fewer days.
621.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Monitoring and regularly reviewing the attendance of employees to ensure that the use of sick leave and absences is consistent with this policy. (b) Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel, Human Resources, or the City Administrator as appropriate.
(c) Addressing absences and sick leave use in the employee's performance evaluation when excessive or unusual use has:
1. Negatively affected the employee's performance or ability to complete assigned tasks.
2. Negatively affected city operations.
(d) When appropriate, counseling employees regarding excessive absences and/or inappropriate use of sick leave.
(e) Referring eligible employees to an available employee assistance program when appropriate.
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Item 7.
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622
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Travel Reimbursement Policy - 210 Travel Reimbursement Policy
622.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines for submission and reimbursement of city travelrelated expenses. This policy applies to all employees and elected officials who incur travel expenses on behalf of the City.
622.1.1 DEFINITIONS
Definitions related to this policy include:
Travel expenses - Eligible expenses for travel, lodging, meals, and registration fees associated with participation in approved training programs, conventions, seminars, memorials, and other events that relate to an employee’s or elected official’s responsibilities, training, and/or education, or that serve a direct city purpose.
622.2 POLICY
It is the policy of the City to reimburse or issue per diem to employees and elected officials for reasonable and necessary work-related travel expenses.
622.3 COORDINATOR
The City Administrator should designate an employee to develop and maintain guidelines related to this policy. Guidelines should include:
(a) Detailed processes for submitting pre-approvals and travel reimbursement requests. (b) Reviewing and maintaining necessary forms and documentation. (c) Periodic audits to review compliance with this policy. 622.4 EXPENSE GUIDELINES
622.4.1 TRANSPORTATION
All travel should be by the most cost-effective means possible, considering distance, location, and type. The following forms of travel should be considered:
(a) City vehicle
1. When using a city vehicle, the fuel, tolls, and reasonable parking expenses (e.g., valet should not be used unless there is no other option) will be reimbursed. (b) Private vehicle
1. When using a private vehicle, reimbursement will be at the current IRS mileage rate.
(c) Rental vehicle, train, and air
1. Employees or elected officials should obtain approval from the Department Head or the authorized designee before booking a rental vehicle, train fare, or airfare. 303
Item 7.
City of Oroville
Government Policy Manual
Travel Reimbursement Policy
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Travel Reimbursement Policy - 211
2. Full reimbursement may not be approved if the employee or elected official does not obtain advance approval and/or does not purchase the most economical fare.
Travel may be paid for or purchased in advance by the City with the approval of the Department Head or designee.
622.4.2 ACCOMMODATIONS
If travel requires the employee or elected official to stay overnight, the employee or elected official should coordinate with their Department Head to arrange lodging and request approval from the Department Head or the authorized designee before departure.
Lodging should be at or near the event at standard rates. Employees, elected officials, or Department Heads should make all reasonable efforts to get the best rates possible, including researching whether government rates are available and whether tax-exempt certificates are accepted or assignments of rights to refund are provided. Employees, elected officials, and Department are expected to take reasonable steps to provide or obtain the forms for tax exemption, when applicable, and submit the forms to the City in a timely manner. "Travel and Lodging Rates" should be researched and calculated under the US General Services Administration prior to travel. The determined amount should be provided or a purchasing option (Cal Card) to the employee by the city prior to travel.
Accommodations may be paid for or purchased in advance by the City with the approval of the Department Head or designee.
622.4.3 MEALS
Employees or elected officials traveling on city business may choose meal cost reimbursement according to the terms and conditions as established by the City or receive per diem in accordance with the U.S. General Services Administration. "Meal and Incident Rates" should be researched under the US General Services Administration prior to travel. The per diem should be provided to the employee by the city prior to travel.
622.4.4 PROHIBITED EXPENSES
Expenses not eligible for reimbursement include but are not limited to:
(a) Expenses for any non-employee or non-elected official. (b) Non-business-related telephone calls.
(c) Entertainment expenses unless pre-approved by the City Administrator or the authorized designee.
(d) Alcoholic beverages.
(e) Outside meals if the conference/event lodging reservation includes a meal package. (f) Any travel-related expense that is covered by another source. 304
Item 7.
City of Oroville
Government Policy Manual
Travel Reimbursement Policy
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Travel Reimbursement Policy - 212 622.5 APPROVALS
All travel should be pre-approved by the City Administrator or the authorized designee. When appropriate, once travel has been completed, the employee or elected official should submit requests for travel expense reimbursement:
(a) To the Department Head or the authorized designee for review and approval as soon as practicable, but no later than 14 days after completion of travel. (b) On a city form. The form should contain a statement that the expenses were incurred by the traveler as necessary for the performance of official duties and shall be verified by a written declaration that all information is true and correct. (c) With an attached receipt or other documentation of the expense.
Upon receipt of a request for reimbursement, the Department Head or the authorized designee should review and process the request as appropriate. If additional information is needed to process the request, the employee should be given an opportunity to provide the information. If a request for reimbursement is denied, the reason for the denial should be provided in writing, and the employee should have an opportunity to respond.
If an employee fails to follow the required processes and obtain appropriate approvals, reimbursement of travel expenses may be denied.
305
Item 7.
Policy
623
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Petty Cash Management - 213 Petty Cash Management
623.1 PURPOSE AND SCOPE
This policy provides for the establishment and administration of a city petty cash fund. 623.2 POLICY
The City will establish, administer, and maintain a petty cash fund according to this policy. 623.2.1 DEFINITIONS
Definitions related to this policy include:
Custodian - The individual designated by the Finance Director, or the authorized designee, as having custody of and responsibility for maintaining the petty cash fund.
Petty cash fund - A reserve of money established to make small purchases when payment by purchase order or voucher is not practical.
623.3 RESPONSIBILITIES
623.3.1 FINANCE DIRECTOR RESPONSIBILITIES
The Finance Director, or the authorized designee, is responsible for establishing and maintaining guidelines for the operation of a petty cash fund consistent with state and local law. The guidelines should include but are not limited to:
(a) Designation of a petty cash custodian.
(b) Initial and replenishment fund amounts. The petty cash fund should not exceed the amount established by the City.
(c) Maximum dollar amount for purchases.
(d) A sample petty cash voucher for use by employees to request cash from the custodian.
The petty cash vouchers should be sequentially numbered and include space for the following information:
1. The date of the disbursement
2. The amount disbursed or reimbursed
3. The budget expense account
4. The vendor name
5. The signature of the employee receiving petty cash
(e) A petty cash ledger for use by the custodian. The ledger may be maintained electronically or by hand and should require the following information for all transactions:
1. The name of the employee receiving cash
2. The amount disbursed to the employee
306
Item 7.
City of Oroville
Government Policy Manual
Petty Cash Management
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Petty Cash Management - 214
3. The reason for the disbursement
4. The amount of any cash returned
5. The amount of any cash received to replenish the account
6. A copy of any purchase receipt
(f) A requirement that the custodian provide a full accounting and reconciliation of all fund transactions to the Finance Director, which the Finance Director should then review and approve according to the petty cash guidelines before authorizing replenishment of the petty cash fund.
(g) A requirement that the petty cash fund be audited by the Finance Director's authorized designee at least quarterly and that the results of the audit are provided to the City Administrator.
(h) Creation of disciplinary guidelines for situations where the custodian has violated this policy or applicable guidelines, or where an employee is found to have provided false information for the purpose of obtaining petty cash funds, including referral to law enforcement when the facts indicate that a crime may have occurred. (i) Designation of a physical location for the petty cash fund. The fund should be secured in the following manner:
1. A lockbox with a key or combination lock.
2. The lockbox should then be stored in a safe, securable drawer, cabinet, or locker.
3. The safe, securable drawer, cabinet, or locker should be in a securable room or office with restricted access.
623.3.2 PETTY CASH CUSTODIAN RESPONSIBILITIES
The custodian's responsibilities should include but are not limited to:
(a) Maintaining the fund according to this policy, petty cash guidelines, and state and local laws.
(b) Remaining familiar with applicable state and local laws relating to petty cash funds and proposing related updates to guidelines as necessary. (c) Requesting replenishment funds from the Finance Director, or the authorized designee, when the funds in the account fall below the established replenishment amount or requesting funds needed to bring the fund back to the maximum allowable amount.
(d) Receiving funds for replenishment only from funds approved and allocated from the city accounts or from returned, unused funds properly issued to employees. (e) Maintaining the petty cash ledger according to this policy and the petty cash guidelines. (f) When someone other than the custodian will be handling the petty cash fund, accounting for all petty cash and vouchers before transferring petty cash responsibilities to the alternate custodian.
307
Item 7.
City of Oroville
Government Policy Manual
Petty Cash Management
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Petty Cash Management - 215 623.4 PETTY CASH VOUCHERS
The Finance Director should maintain an appropriate stock of petty cash vouchers and provide them to the custodian as requested.
308
Item 7.
Policy
624
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Conflict of Interest - 216 Conflict of Interest
624.1 PURPOSE AND SCOPE
The purpose of this policy is to assist employees in recognizing and avoiding potential conflicts of interest, thereby ensuring effective and ethical operating practices on the part of the City. 624.1.1 DEFINITIONS
Definitions related to this policy include:
Business relationship - A situation when an employee serves as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture, or other transaction where the employee's annual interest, compensation, investment, or obligation is greater than$250. This includes business relationships as defined by state law.
Conflict of interest - Any actual, perceived, or potential conflict of interest in which it reasonably appears that an employee's action, inaction, or decisions are or may be influenced by an employee's personal or business relationship. This includes conflicts defined and prohibited by state law.
624.2 POLICY
Employees of the City are expected to conduct themselves with the utmost professional integrity and objectivity. Employees will guard against actual or perceived conflicts of interest to ensure the fair and equitable treatment of city employees and the public, and thereby maintain the trust of the public and city employees.
624.3 RESTRICTED DUTIES AND ASSIGNMENTS
The City prohibits the following types of personal or business relationships among employees:
(a) Employees are prohibited from directly supervising, occupying a position in the line of supervision, or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship.
1. If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor should make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the City will attempt to make every reasonable effort to avoid placing such employees in supervisor/subordinate situations. The City, however, reserves the right to transfer or reassign any employee to another position within the same classification to avoid conflicts with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to, or recommending promotions, assignments, performance evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship.
309
Item 7.
City of Oroville
Government Policy Manual
Conflict of Interest
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Conflict of Interest - 217 (c) Whenever possible, trainers should not be assigned to train relatives. Trainers are prohibited from entering or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. 624.3.1 EMPLOYEE RESPONSIBILITY
Employees shall follow all laws regarding actual or perceived conflicts of interest and should avoid situations that create the appearance of an actual or perceived conflict of interest. Employees should take reasonable steps to address a perception of a conflict of interest when such a perception is reasonably foreseeable and avoidable (e.g., deferring a decision to an uninvolved employee).
Whenever any employee is placed in circumstances that would require the employee to take enforcement action or to provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, that employee shall promptly notify an uninvolved immediate supervisor.
In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify the City Administrator and/or Human Resources to have another uninvolved employee either relieve the involved employee or, minimally, remain present to witness the action. 624.3.2 SUPERVISOR RESPONSIBILITY
Upon being notified of or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor should take all reasonable steps to promptly mitigate or avoid such violations whenever possible.
Supervisors should also promptly notify the City Administrator and/or Human Resources of such actual or potential violations.
310
Item 7.
Policy
625
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Fitness and Wellness - 218 Fitness and Wellness
625.1 PURPOSE AND SCOPE
The purpose of the Fitness and Wellness policy is to encourage, motivate, and challenge employees to take an active interest in their physical performance capability and to promote general employee health and well-being.
625.2 POLICY
The City supports voluntary fitness and wellness for all city employees. 311
Item 7.
Policy
626
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Classification Provision - 219 Classification Provision
626.1 PURPOSE AND SCOPE
The Classification Plan provides a complete inventory of all positions in the City service and an accurate description and specifications for each class of employment. The Plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout the service.
626.2 POLICY
This rule shall apply to all employees and applicants. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding the City Charter, City Code, or the Memorandum of Understanding shall prevail.
626.3 CLASSIFICATION PLAN
After consulting with the City Administrator and heads of departments affected, the Personnel Officer, or a person or agency employed for that purpose, shall ascertain, and record the duties and responsibilities of all positions in the City service and shall recommend to the City Administrator a classification plan for such positions. Before the classification plan or any part thereof shall become effective, it shall first be approved in whole or in part by a majority of the City Council. The classification plan so developed shall group positions in the City service into classes, as defined by written class specifications. Each class specification shall outline the main characteristics and desirable qualification requirements of position allocated to the class, and give examples of duties, including essential and non-essential functions, which employees holding such positions may properly be required to perform. The class specification is descriptive and explanatory, but not restrictive. The listing of particular examples of duties shall not preclude the assignment of other tasks and duties of related kind, character, or skills. The statement of desirable qualification in a class specification is intended to be used as a guide in selecting candidates for employment, as an aid in the preparation of competitive examinations, and for use in determining the relative value of positions in one class with positions in other classes. (Amended-Res. 5228) Each class shall include those positions sufficiently similar in respect to their duties and responsibilities so that similar requirements as to training, experience, knowledge, skills, and abilities may apply; and that the same salary range may be made to apply with reasonable equity to all positions in the same class.
In the preparation of the classification plan, the Personnel Officer or designee shall allocate every position in the competitive service to one of the classes established by the plan. The Personnel Officer, or designee, shall conduct necessary reviews and prepare recommendations for action by a majority of the City Council so that the classification plan is kept current and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the classification plan. (Amended Res. 5228) 312
Item 7.
City of Oroville
Government Policy Manual
Classification Provision
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Classification Provision - 220 The Personnel Officer or designee shall reallocate any position from one class to another class whenever a change in duties and responsibilities of such position makes the class to which the position was previously allocated no longer applicable. Any proposed reallocation to be made shall be made with the knowledge of the employee and department head concerned.
No person shall be appointed or employed to fill any position until the Classification Plan shall have been amended and approved by a majority of the City Council to provide, therefore. (Amended - Resolution 5228)
626.4 CHANGES IN CLASSIFICATION
(a) Transfer
1. No person shall be transferred to a position for which that person does not possess the minimum qualifications. Upon notice and approval to the Personnel Officer, an employee may be transferred by the Personnel Officer or designee at anytime from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications.
2. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrator orders the transfer. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance or these rules.
(b) Promotion
1. Insofar as is consistent with the best interests of the City, vacancies in the competitive service may be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established.
2. If, in the opinion and approval of the Personnel Officer, it is in the best interests of the municipal service, a vacancy in the position may be filled by an opencompetitive examination instead of promotional examination, in which case the Personnel Officer shall arrange for an open-competitive examination and for the preparation and certification of an open-competitive employment list.
3. For the purpose of determining progression through applicable pay steps, in a given salary rate, as a result of promotion, the employee's anniversary date shall be six (6) months after the date of such promotion. For Police, the anniversary date shall be twelve(12) months after the date of such promotion. (c) Demotion
1. The Personnel Officer may demote an employee whose ability to perform the required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent and approval of the Personnel Officer 313
Item 7.
City of Oroville
Government Policy Manual
Classification Provision
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Classification Provision - 221 demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. (d) Relief of Duty
1. The Personnel Officer may remove an employee from service temporarily, with pay, during a review or investigation.
2. Suspension
3. The Personnel Officer may suspend an employee from a position at any time for a disciplinary purpose. Suspension, without pay, shall not exceed thirty (30) calendar days, nor shall any employee be penalized by suspension for more than forty-five (45) days in any fiscal year. Department Heads may suspend a subordinate employee for not more than three (3) working days at any one time, and not more than once in a thirty (30) day calendar period. Suspension action by Department Head must be reported to and approved by the Personnel Officer. (e) Re-employment
1. With the approval of the Personnel Officer or designee, a regular employee or probationary employee who has completed at least six (6) months of probationary service and who has resigned with a good record may be reemployed within one (1) year of effective date of resignation, to a vacant position in the same or comparable class. Upon re-employment, the employee shall be subject to the full probationary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on the specific recommendation of the Personnel Officer at the time of re-employment.
314
Item 7.
Policy
627
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Seniority - 222 Seniority
627.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or Memorandum of Understanding, the City Charter, or the Memorandum of Understanding will prevail.
627.1.1 DEFINITIONS
Seniority - The length of service of a Regular Employee with the City. 627.2 POLICY
Time of service shall be calculated on the basis of the time of continuous employment dating from the first day of such continuous employment with a specific class, within a specific department, within the classified service in the City of Oroville. Continuous employment includes paid leaves of absences and unpaid public service leaves.
If a Temporary Appointee is subsequently appointed to a full-time position with the City, the employee's seniority shall be calculated from the date of temporary appointment, as long as there has been no break in continuity of service.
627.3 TERMINATION OF SENIORITY
Seniority shall be terminated by:
(a) Discharge with Cause
(b) Voluntary Resignation
(c) Retirement
627.4 EMPLOYEES WITH IDENTICAL SENIORITY DATE
In a case where two or more employees in the same class in the same department have the same Seniority Date, date of receipt by the city of Oroville of their Employment Application will determine Seniority.
315
Item 7.
Policy
628
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Nepotism - 223 Nepotism
628.1 PURPOSE AND SCOPE
This policy provides guidelines for city employees or prospective employees who may be related to one another.
628.2 POLICY
No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of marital status or relationship to another employee.
The Personnel Officer shall not appoint or assign any employee to a position in which an immediate family member directly or indirectly supervises the employee and no relative shall conduct or be involved in a related member's performance evaluation, appointment, discipline, suspension, promotion, termination, sign a personnel action form or any other activities related to employment with the City.
The Personnel Officer shall not appoint a member of a Council Member's immediate family to any position within the City of Oroville.
The Personnel Officer shall not appoint a member of the City Administrator's immediate family to any position within the City of Oroville.
The Personnel Officer shall not appoint a member of a Department Head's immediate family to the Department Head's department.
628.3 SUPERVISION
For the purpose of this policy, "Direct Supervision" shall mean any situation in which the employee would be in a position to affect the terms and conditions of another's employment, including, but not limited to, making decisions on work assignments, compensation, grievances, advancements, or performance evaluations.
For the purpose of this policy, "Indirect Supervision" shall mean: Indirect supervision is characterized by some form of authority over the work of employees not under direct supervision.
In other words, the "Supervisor" is responsible for the work but not for the worker. The following definitions describes persons with responsibilities for exercising indirect supervision:
• Technical Supervision – The "Supervisor" is responsible for prescribing guidelines, methods, materials, and formats as technical expert in a specialty. He/She may produce or approve specifications, guides, lists, or usually on "how" and "why" and does not assign tasks or observe and evaluate performance. Technical Supervisor is related to an occupational specialty or function – not to specified employees. • Functional Supervision – The "Supervisor" is responsible for a project or recurrent activities, which involve tasks performed by persons to who he/she has authority to give direction in regard to that project, even though they are under the direct supervision of someone else. "Functional Supervision" may include "Technical 316
Item 7.
City of Oroville
Government Policy Manual
Nepotism
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Nepotism - 224 Supervision" but goes beyond it in that the supervisor schedules and assigns tasks, monitors progress, reviews results, and is the person responsible for the completed work product. "Functional Supervision" is related to a function or set of activities. Functional supervision may also occur as a result of normal rotation of shift assignments.
An indirect supervisor may also be someone who is not in the direct reporting chain of command, but otherwise is in a position to influence decisions on work assignments, compensation, performance evaluations, appointments, promotions, discipline, suspension, termination, sign a personnel action form or any other activities related to employment with the City.
For the purpose of this policy, "Immediate Family Member" shall mean: Spouse, natural, step or legal child or parent, brother, sister, grandparent, grandchild, mother-in-law or father-in-law.
For the purpose of this policy, "marital status" will be defined as an individual's state of marriage, non- marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state.
Employees are responsible for notifying their immediate supervisor if they are related or become related to another City employee as described in the definitions of "Immediate Family Member" or "Marital Status". Failure by an employee to disclose a relative status may be grounds for disciplinary action, up to and including termination of employment.
Anyone employed as a full-time or part-time City of Oroville employee prior to the effective date of this Policy may continue in their position if their department head, in consultation with the City Administrator, has determined that continued employment would not create a conflict of interest or have a potentially adverse impact on supervision, safety, security, morale, or productivity. However, under no circumstances will an employee directly or indirectly supervise or be supervised by an immediate family member. Any future promotion or appointment within the City of Oroville will be subject to this policy as stated above. (Amended 09/03/02 by Resolution No. 5896)
317
Item 7.
Policy
629
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Compensation - 225 Compensation
629.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is conflict with the City Charter, City Code or a Memorandum of Understanding the City Charter, City Code or the Memorandum of Understanding will prevail.
629.2 POLICY
Employees occupying a position in the competitive service shall be paid a salary or wage established for that position's class under the salary plan. The minimum rate for the class generally shall apply to employees upon original appointment. However, the Department Head, with City Administrator approval, can authorize original appointment or reinstatement at other than the minimum rate when circumstances warrant.
629.3 BASIS OF COMPENSATION
• Regular Full-time
o An employee so appointed shall be compensated at a monthly rate, paid biweekly. • Other Appointments
o An employee who is not a Regular Full-time employee shall be compensated at an hourly rate, paid bi-weekly.
629.4 MERIT INCREASES
No salary advancement shall be made so as to exceed a maximum rate established in the plan for the class to which the employee's position is allocated unless approved by a majority of the City Council and a new rate established. Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of one's supervising official, length of service, productivity, performance record, special training undertaken, or other pertinent evidence. *Advancements may be skipped up to two steps for performance deemed exemplary by the supervising official and must be approved by the City Personnel Officer. Full-time, part-time or probationary employees may be considered eligible for merit increases in salary according to the following schedule: (Amended-Resolution 5228) (*Amended 03/02/21)
(a) The letters A, B, C, D, E, F, G, and H (where applicable) respectively, denote the various progressive steps in salary range. Employees will normally be assigned Step A at initial hiring.
(b) Salary Step B upon completion of six (6) months of unbroken employment in Step A, where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon written recommendation of the department head and approval of the Personnel Officer.
318
Item 7.
City of Oroville
Government Policy Manual
Compensation
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Compensation - 226 (c) Salary Step C upon completion of one (1) year of unbroken service in Step B where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon written recommendation of the department head and approval of the Personnel Officer.
(d) Salary Step D and E upon completion of one (1) year of employment at the previous step where the employee has demonstrated satisfactory job progress and productivity and upon written recommendation of the department head and approval of the Personnel Officer.
(e) Salary Step E and F and between Steps F and G upon completion of two (2) years of employment at the previous step where the employee has demonstrated satisfactory job progress and productivity and upon written recommendation of the department head and approval of the Personnel Officer. However, a Department Head has the discretion to accelerate time between Steps E and F and Steps F and G to one (1) year for outstanding performance and upon written recommendation to and approved by the Personnel Officer.
(f) Salary Step H upon completion of one (1) year of completion in Step G, where applicable.
629.5 SALARY ON PROMOTION
An employee who is promoted in accordance with these rules shall be placed at Step A of the new salary range or at a step of the new range which is approximately five percent (5%) higher than the employee's previous base salary; but in no case shall the employee be compensated above the top step of the new salary range without the approval of a majority of the City Council within a new or existing salary range. (Amended - Resolution 5228) 629.6 SALARY ON DEMOTION
Any employee who is demoted voluntarily shall not be required to serve a new probationary period and shall have their salary set at the salary step in the range for the lower class for which they qualify, as recommended by the department head, and approved by the Personnel Officer; provided that, in no event shall the new step be lower in alphabetical sequence than the step of the range held prior to the demotion.
629.7 OUT-OF-CLASS PAY
An employee assigned to temporary duties of thirty (30) continuous days or less in a higher job classification shall not receive the pay of the higher job classification.
An employee, who accrues more than thirty (30) continuous days of temporary duties in a higher classification, shall receive an additional five percent (5%), but not less than the bottom step, or more than the top step of that higher job classification, commencing with the thirty-first (31st) days of such duties.
If it is known at the time of assignment that the employee will be assigned to duties in a higher job classification for thirty-one (31) continuous days or more, the employee shall immediately receive 319
Item 7.
City of Oroville
Government Policy Manual
Compensation
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Compensation - 227 an additional five percent (5%) above the employee's normal pay, but not less than the bottom step, nor more than the top step of the higher classification. 629.8 OVERTIME
It is the policy of the City to avoid overtime work whenever possible. Overtime must be authorized by the department head prior to occurrence.
Overtime is authorized work in excess of the normal work period of at least 15 minutes. The normal work period is 40 hours in a seven-day shift or 80 hours in a two week pay period. • Overtime Compensation
o Total hours of authorized overtime to be credited for each eligible employee for a pay period shall be reported to the Personnel Officer. Employees required to work in excess of forty (40) hours per week or 80 hours per pay period, as regularly scheduled or as continuation of a shift, shall receive one and one half (1 ½) times their regular rate of pay for all hours in excess. In computing the hours worked in any workweek, time off duty for holidays, vacations, and compensatory time off shall be calculated as time worked. Earned overtime shall be paid in the regular bi-weekly payroll. Employees may elect to have the monetary value of the overtime assigned to an individual account of compensatory time off from duty. Maximum accrual for compensatory time off please refer to your memorandum of understanding (MOU). Employees may request payment of some or all of their individual accounts of compensatory time off (CTO) by submitting, 30 days in advance, written notice. However, CTO banks will be cashed out in March and December of each year. • Exempt Employees
o
In accordance with the Fair Labor Standards Act, executive and administrative employees are exempt from overtime pay and may not accrue hours worked over their normal work period as compensatory time.
• Call-Back
o A call-back is a request or order to return to duty prior to or after the work period for which the employee is regularly scheduled to work. If the request work or the work itself occurs after an employee's scheduled work period has concluded by more than one (1) hour, the employee will be compensated according to the paragraph below.
o
In the event of a call-back or return to duty, an employee shall receive a minimum of two (2) hours time at the rate of one and one-half (1 ½) times the regular rate of pay. If the time worked exceeds two (2) hours, then the employee shall receive pay for the time worked at one and one-half (1 ½) times the regular rate of pay, calculated to the nearest fifteen (15) minutes. Employees who are called back to work (as opposed to regularly scheduled overtime or continuation of a shift) shall not be required to take compensatory time off during the work week. 320
Item 7.
City of Oroville
Government Policy Manual
Compensation
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Compensation - 228 629.9 PAYDAYS
All employees are paid bi-weekly.
629.10 DEDUCTIONS
Federal and state withholding and contributions to PERS or Social Security are required by law. If desired, employees may also elect to have deductions made for union dues, deferred compensation, and miscellaneous dues and other charitable contributions authorized by the City.
All employees shall be paid by direct deposit.
629.11 WORKWEEK
The workweek for City of Oroville employees begins on Monday morning at 12:01 a.m. and ends on Sunday at Midnight.
321
Item 7.
Policy
630
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 229 Employee Benefits
630.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding, the City Charter or the Memorandum of Understanding will prevail.
630.2 ANNUAL VACATION LEAVE
The purpose of annual vacation leave is to enable each eligible employee annually to return to his or her work mentally refreshed. All employees in the municipal service shall be entitled to annual vacation leave with pay except for the following:
Employees who have served less than six (6) months in the service of the City; however, vacation credits for the time served shall be granted each employee who completes six (6) months of unbroken service with the City.
Employees who work on a provisional basis and all employees who work less than 1040 hours per year, unless otherwise specified by type of appointment.
An employee shall be entitled to his/her earned vacation leave after being in continuous City service six (6) calendar months. Six months from the date of hire employees shall receive one week of vacation and will also begin accruing vacation time each month. (Amendment approved by City Council December 20, 2011, Resolution No. 7833) After completion of five years of service an employee shall be entitled to vacation leave at the rate of 1 1/4 days for each full calendar month of service beginning the sixth year through the twelfth year of employment.
After the completion of twelve years of service, an employee shall earn one (1) additional day of vacation for each year of service, up to and including not more than a total of twenty (20) days per year.
Each employee may accrue up to the number of vacation days earned in a two (2) year period.
In no case shall an employee accumulate additional days without written approval of his/her Department Head and the City Administrator. The times during a calendar year at which an employee may take his/her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and the particular needs of the City. Absent another method implemented by the department head, a departmental vacation schedule shall be arranged with time preference given to employees on the basis of seniority. If the requirements of service are such that an employee is unable to take part or all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. By request or for special circumstances, subject to budget restraints and with approval of the Department Head and City Administrator, accrued vacation may be paid. Whenever a recognized holiday occurs during an employee's vacation period, it shall be added to such employee's vacation allowance. Earned 322
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 230 vacation leave taken shall not be in excess of that actually due at the time it is taken and in no case shall it be taken prior to the time set forth in this rule unless approved by the City Administrator.
Unused vacation benefits may be accumulated from prior anniversary years; provided, however, the employee shall cease to earn vacation benefits that exceed two (2) times the employee's annual earned vacation. Included in the calculation of the accrual ceiling are the vacation days earned as sick leave incentive. Information printed on paycheck stubs provides written notification to the employee of accrual rates. An employee who has properly attempted to schedule vacation to avoid forfeiture that may be imposed by the accrual ceiling may petition the Department Head and City Administrator to carry over vacation in excess of the ceiling, but in no case shall the excess be subject to pay-off except as stated above. The Department Head has the prerogative to assign the employee time off for excess accrual.
An employee who terminates City employment shall be paid in a lump sum for all accrued vacation leave accrued as of the date of termination.
630.3 SICK LEAVE
Refer to Sick Leave policy for administering sick leave.
The objective of this benefit is to provide an orderly method which furthers the health and safety of City employees which aids employees to work effectively and more productively.
Sick leave is not a right which an employee can use at his or her discretion, but rather a privilege which can be used only in the case of actual sickness or injury of the employee or member of the employee's immediate family which compels the employee to be absent from work. To qualify for sick leave, an employee must notify his/her supervisor prior to the time set for beginning daily duties, in accordance with such guidelines established by the Personnel Department. In cases of illness, injury, or medical appointments relating to such, sick leave time must be used prior to use of any other accrued benefit of time.
An employee may be allowed a leave of absence from duty without loss of pay on account of sickness or injury. Sick Leave with pay is cumulative at the rate of one (1) workday for each month of service, beginning at the time of appointment.
An employee returning to work after an absence of more than two (2) consecutive workdays on account of illness or injury, may be required to provide to the immediate supervisor for filing in the employee's personnel file, a doctor's certificate or attendance/payroll report showing that the employee is fit to return to work.
Sick leave shall not be granted to any employee who is absent from duty due to illness or injury incurred while working for any entity other than the City of Oroville without approval from the City Administrator.
An employee who takes a leave of absence without pay in excess of thirty (30) days will not accrue one (1) day of sick leave for each such period.
323
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 231 Sick leave is not a vested benefit and is not eligible to be cashed out upon separation from employment.
630.3.1 PAID SICK LEAVE FOR NON-BENEFITED EMPLOYEES
Effective July 1, 2015, California law ("AB 1522") requires that all employees who have worked for more than 30 days for an employer be provided paid sick leave at the accrual rate of one hour of sick leave for every 30 hours worked, up to a minimum of 3 days or 24 hours of paid sick leave to be provided in a 12-month period. Certain use, accrual, and carryover provisions apply.
The following policy applies only to part-time, temporary, and seasonal employees.
Effective July 1, 2015, California's Paid Sick Leave law requires the City of Oroville to provide paid sick leave to employees under the following conditions:
(a) An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City.
(b) An employee is only allowed to use up to a maximum of 3 days or 24 hours of paid sick leave in a 12-month period.
(c) An employee can only accrue paid sick leave up to a maximum of 6 days or 48 hours ongoing. Any unused accrued paid sick leave does carryover year to year while continuously employed, up to the maximum amount of 6 days or 48 hours. (d) In accordance with California's Paid Sick Leave law, an employee may use 3 days or 24 hours of accrued paid sick leave in a 12-month period for one of the following reasons:
1. For the employee's own diagnosis, care, or treatment of an existing health condition or preventative care.
2. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including:
3. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
4. Spouse or Registered Domestic Partner
5. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.)
6. Grandparent
7. Grandchild.
8. Sibling.
324
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 232
9. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
10. A temporary restraining order or restraining order.
11. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
12. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
13. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
14. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
15. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(e) An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor's appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(f) An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave.
(g) Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement, or other separation from employment from the City.
(h) If an employee separates from City employment and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the Agency before any paid sick leave can be used.
630.4 BEREAVEMENT LEAVE
When compelled to be absent from work by reason of death of an immediate family member or where death appears imminent, employees who have completed six (6) months of service are entitled to receive up to five (5) days bereavement leave, which shall be charged against the employee's sick leave. An employee desiring such leave shall notify, in writing, the Department Head of the time of absence needed and the expected date of return to City service. Immediate family is as defined in Rule 1, 1.23.
325
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 233 630.5 RECOGNIZED HOLIDAY LEAVE
Each regular employee shall be entitled to compensation for each holiday designated as a recognized holiday by the City of Oroville. The following holidays are recognized:
• January 1, New Years Day
• January 14, Martin Luther King Jr. Day
• February 12, Lincoln's Birthday
• Third Monday in February, President's Day
• Last Monday in May, Memorial Day
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veteran's Day
• Fourth Thursday in November, Thanksgiving Day
• Friday following Thanksgiving Day
• **The Last Working Day before Christmas
• December 25, Christmas Day
**Applies to General Employees, Safety Personnel and Management. • Alternate Days
o When a designated holiday falls on Sunday, the following Monday will be observed as the paid holiday in lieu thereof. If the designated holiday falls on Saturday, the preceding Friday will be observed as the paid holiday in lieu thereof.
• Pay for Holidays
o When a holiday falls on an employee's regular day off, that employee shall receive eight hours of holiday pay at his/her regular rate. When a holiday falls on a regular employee's scheduled workday, and the employee works that day he/ she shall receive an additional eight (8) hours holiday pay at his/her own rate. 630.6 JURY DUTY
Every classified employee who is called or required to serve as a juror, upon notification and appropriate verification submitted to his/her supervisor, shall be allowed to be absent from work during the period of such service while necessarily being present in court as a result of this service.
No deduction shall be made as a result of such an absence. Jury fees collected shall be turned over to the Finance Department.
326
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 234 630.7 MILITARY LEAVE
Military leave shall be in accordance with applicable State and Federal law, (California Government Code Section 19991.6.)
630.8 FAMILY AND PREGNANCY LEAVE
Refer to Family and Medical Leave policy.
630.9 APPROVED LEAVE OF ABSENCE WITHOUT PAY
The Department Head, with approval of the City Administrator, may grant a regular or probationary employee leave of absence without pay or seniority for not to exceed three (3) months. After three (3) months the leave of absence may be extended for twelve (12) months by the City Administrator.
No such leave shall be granted except upon prior written request from the employee, setting forth the reason for the request. Any approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after a notice to return to duty, the employee shall be reinstated into the position he/she held when the leave was granted. Failure on the part of the employee on leave to report promptly at its expiration shall be deemed a resignation and the employee will be so notified.
If the approved leave of absence is for more than thirty (30) days, the employee:
(a) Shall not accrue seniority or employee benefits of any kind. (b) Shall be responsible for the full payment of the monthly cost and any premiums for health, life, or long-term disability insurance plans if the employee desires to retain the coverage afforded by such plan.
630.10 ADMINISTRATIVE LEAVE
Department head members should refer to their personal contracts for administrative leave provisions.
Managers should refer to their memorandums of understanding for administrative leave provisions.
A member who fails to take allocated Administrative Leave within the fiscal year shall forfeit that leave. Unused Administrative Leave will not be compensated for upon termination or retirement. 630.11 CATASTROPHIC LEAVE
The purpose of this leave is to enable regular employees (as defined in Personnel Rules 1, Section 33) to receive and donate vacation and compensatory time off (CTO) leave credits to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family (as defined in Personnel Rule 1, Section 23).
327
Item 7.
City of Oroville
Government Policy Manual
Employee Benefits
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Employee Benefits - 235 630.11.1 GUIDELINES
(a) An employee must have a verifiable long-term (no less than four (4) consecutive weeks in duration) illness or injury, i.e., cancer, heart attack, stroke, serious injury, etc., or have a member of their immediate family with a long-term illness or injury which results in the employee being requested to take time off from work to care for that family member, and must have exhausted all personal vacation, sick leave, CTO, holiday and administrative leave, or soon will have exhausted such leave, resulting in the employee being in a no-pay status.
(b) The person receiving the donated hours must have obtained regular employee status with the City of Oroville, unless otherwise approved by the City Administrator. (c) The employee may be on City or State Disability and use the donated hours to supplement those payments, at the regular rate of pay, not to exceed the employee's gross salary.
(d) When an employee is utilizing donated hours, they will not accrue additional vacation or sick leave benefits and will not accrue seniority. PERS benefits will not be credited.
As with paid leave status, recipients shall continue to be eligible to participate in those health insurance plans to which the City contributes. However, after 30 days leave, the employee will be required to make the payment of the insurance premium. (e) The total leave credits received by the employee shall normally not exceed three months; however, if approved by the Department Head and City Administrator, the total leave credits received may be six months. Further extensions may be considered on an individual basis and shall require City Administrator approval. (f) Donations may be made to specified individuals only. (g) Donated hours must be in increments of one (1) hour. Hours donated will be converted at the donor's hourly rate and credited to the sick leave balance of the donee by converting the dollar amount donated to the donee's hourly rate. Employees donating must have forty (40) hours of vacation available after making a donation. 328
Item 7.
Policy
631
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Disciplinary Action - 236 Disciplinary Action
631.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding the City Charter, City Code, or the Memorandum of Understanding will prevail.
631.2 POLICY
Prior to the suspension, demotion, reduction of pay, or discharge of a regular employee for disciplinary purposes, the guideline set forth in this rule shall be complied with. 631.3 GROUNDS FOR DISCIPLINARY ACTION
The grounds for disciplinary action shall include, but are not limited to:
(a) fraud in securing employment;
(b) incompetency or inability to perform work satisfactorily; (c) inefficiency;
(d) inexcusable neglect of duty;
(e) insubordination; willful disobedience
(f) dishonesty;
(g) intoxication on duty or being under the influence of drugs; (h) conviction of a felony or a misdemeanor;
(i) immorality;
(j) discourteous treatment of the public or other employees; (k) misconduct;
(l) misuse, theft, damage, or destruction of City property; (m) habitual tardiness;
(n) abuse of leave privileges;
(o) chronic or excessive absenteeism, with or without excuse; (p) fighting;
(q) violation of safety rules;
(r) falsification of records;
(s) unsafe City driving record;
(t) violation of department or city rules;
(u) requiring excessive supervision;
329
Item 7.
City of Oroville
Government Policy Manual
Disciplinary Action
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Disciplinary Action - 237 (v) other failure of good behavior either during or outside of duty hours which is such that it causes discredit to the city or his/her employment;
(w) sexual harassment;
(x) any other just cause;
631.4 WRITTEN NOTICE
Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include, but is not limited to:
(a) A statement of the disciplinary action to be taken against the employee; (b) A summary of the facts upon which the disciplinary action is based; (c) A statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the Skelly Procedure as set forth.
The written notice of disciplinary action may be either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City.
Any written notice shall be conclusively presumed delivered to the employee on the date the written notice is personally served on the employee. In the event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. If the event the certified mail is refused, or in the event the employee is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as of the date of the postal service returns the certified mail to the return address. 631.5 ACTION PRIOR TO IMPOSITION OF DISCIPLINE
Except in cases of an emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with regular status, the City Administrator, or person authorized by him, shall give the employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, and the right to respond either orally or in writing, or both, to the City Administrator or designee proposing the disciplinary action prior to the effective date of such disciplinary action. 631.6 APPEALS OF DISCIPLINE (REGULAR NON-PROBATIONARY EMPLOYEES) Appeals of disciplinary action will be in accordance with the respective Memorandum of Understanding. Employees not covered by a Memorandum of Understanding will have the same rights for their respective classification. (Amended - Resolution 5228) 330
Item 7.
City of Oroville
Government Policy Manual
Disciplinary Action
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Disciplinary Action - 238 631.7 RELIEF OF DUTY
An employee may be temporarily removed from service, with pay, during review and investigation of the proposed disciplinary action, with approval by the City Administrator. 331
Item 7.
Policy
632
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Separation From Service - 239 Separation From Service
632.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding, the City Charter, City Code, or the Memorandum of Understanding will prevail.
632.2 POLICY
It is the policy of the City that employees who separate service from the City are treated fairly and equitably in the process.
632.3 RESIGNATION
An employee wishing to leave the competitive service in good standing shall file with the Department Head, a written resignation stating the effective date and the reasons for leaving at least two (2) weeks in advance, unless such time limit is waived by the Department Head. A statement as to resigned employee's service and other pertinent information shall be forwarded to the Personnel Officer. Failure to give notice as required by this rule shall be cause for denial of future employment by the City.
632.4 DISCHARGE
An employee in the competitive service may be discharged at any time by the Department Head with approval of the City Administrator. Whenever it is the intention of the Department Head to discharge an employee in the competitive service, the City Administrator shall be notified.
Disciplinary discharge action shall be in accordance with the Disciplinary Action policy. 632.5 DISCHARGE FOR NON-ATTENDANCE
Failure on the part of an employee, who is absent without leave and absent without good cause, to return to duty within three (3) workdays of notice to return, shall be considered job abandonment and shall be cause for immediate discharge.
632.6 EXIT INTERVIEW
All employees will have an exit interview with their Department Head prior to their separation from the service of the City. All equipment, keys and other City owned property will be checked in at that time. The employee will have the opportunity to comment in writing on his/her employment with the City.
632.7 FINAL PAY
Employees who leave the employment of the City shall receive their final paycheck on the next regularly scheduled payday for all work hours earned prior to the effective date of termination. This final paycheck will also include payment for all vacation leave earned prior to the termination date. 332
Item 7.
Policy
633
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Layoff Policy and Guidelines - 240 Layoff Policy and Guidelines
633.1 PURPOSE AND SCOPE
This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding, the City Charter, City Code, or the Memorandum of Understanding will prevail.
633.2 POLICY
Whenever, the City Administrator determines it necessary to abolish any position or positions of employment, the employee holding that position of employment shall, if no other vacancy in the class exists, and for which he/she is qualified, be laid off or demoted without disciplinary action and without the right to appeal. A vacancy is one that is not intentionally being held open or unfilled by the City. This rule shall apply to all employees. Where there is a conflict with the City Charter, City Code, or a Memorandum of Understanding, the City Charter, City Code, or the Memorandum of Understanding will prevail.
633.3 NOTIFICATION
Employees to be laid off shall be given, whenever possible, fourteen (14) calendar days prior notice.
633.4 VACANCY AND DEMOTION
Except as otherwise provided, whenever there is a reduction in the workforce, the Department Head shall first demote to a vacancy, if in the same class series or in a lower class for which the employee who is the latest to be laid off, in accordance with this policy is qualified. All persons so demoted shall have their names placed on a re-employment list for the class for which they were laid off.
633.5 BUMPING RIGHTS
An employee whose job is being eliminated may elect to displace an employee in a lower paid classification within the City's classification system, if qualified to perform the duties of the lower classification, and if the employee's length of service within the Department is greater than that of the employee in the lower classification.
633.6 EMPLOYMENT STATUS
In each class or position, employees shall be laid off according to employment status in the following order: Provisional, Intermittent, Temporary, Probationary and Regular. Employees will be laid off in inverse order of seniority in City service. If seniority is identical, Rule 7.5 will apply. 333
Item 7.
City of Oroville
Government Policy Manual
Layoff Policy and Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Layoff Policy and Guidelines - 241 633.7 RE-EMPLOYMENT LIST
The names of employees laid off shall be carried on a re-employment list for six (6) months, except when such persons are appointed or demoted to a permanent position of the same level as that from which they were laid off. Upon such appointment, the employee will be dropped from the list.
Person's re-employed in a lower class, or on a temporary basis, shall be continued on the list of the higher position for one (1) year.
334
Item 7.
Policy
634
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Workplace Relationships - 242 Workplace Relationships
634.1 PURPOSE AND SCOPE
The First Amendment allows anyone to associate with anyone else they desire. It is natural for people who meet in the workplace to sometimes become romantically involved, and it is not the City's intent to interfere with any dating relationship. 634.2 POLICY
Any involvement between employees must be voluntary and desired by both parties. However, many problems have developed in municipal organizations around America because of dating relationships, and they can interfere with the City of Oroville's goal of having a sound professional unlawful harassment free work environment. It is not inappropriate for a person to ask out a coworker. However, if you do not want to go out with another employee, it is imperative that your response to the request be firm and definite. After the firm, definite response has been made, it is inappropriate for the requesting party to make any further attempts to initiate a dating relationship.
Repeated requests for a dating relationship constitute Sexual Harassment. It is also inappropriate for any relationship to interfere with normal work operations in any manner. Personnel who desire to become involved with someone in the workplace must be aware of the following guidelines. (a) There shall be no dating activities on city time or city business. (b) There shall be no use of city property to arrange dating activities. (c) All behavior between employees shall be conducive to a sound professional work environment at all times when on city property and/or on city time. Hand holding, kissing, hugging, sexual comments and other behavior generally associated with a dating relationship are inappropriate while on city time and/or city property. (d) Any relationship involving personnel at different levels on the chain of command (or where one party has functional supervision over another) shall be reported by the person of higher rank to his/her supervisor immediately. Failure to report this relationship is a violation of this policy. The manager receiving this information shall immediately contact Personnel and inform them of the relationship. Personnel shall contact the Department Head and make recommendations to ensure that this relationship will not detract from a sound professional work environment. Such recommendations may include the transfer of the higher-ranking person to another unit or another shift.
335
Item 7.
Policy
635
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Official City Plaques & Certificates - 243 Official City Plaques & Certificates
635.1 PURPOSE AND SCOPE
The City Council will award an official tile plaque to all members of City Boards and Commissions upon the termination of service to the City.
Official plaques may also be presented to citizens, employees and others who by the Mayor's and/ or Council's determination have personally rendered outstanding service to the City. 635.2 POLICY
Plaques and certificates shall be appropriately prepared and presented at a regularly scheduled Council meeting or when and where appropriate.
336
Item 7.
Policy
636
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Health and Safety Policy Statement - 244 Health and Safety Policy Statement
636.1 PURPOSE AND SCOPE
This policy provides city employees with the City's policy statement on health and safety. 636.2 POLICY
The personal and collective safety and health of all employees of the City is of primary importance; therefore, it shall be the administrative policy of the City of Oroville to maintain a City-wide safety and accident prevention program to encompass every City function, wherever located.
The prevention of occupationally (work related) caused injuries and illnesses is of such consequence that it will be given precedence over operating productivity whenever necessary.
To the greatest degree possible, management will provide mechanical and physical facilities required for personal safety and health in keeping with the highest standards.
Each Department Head or their representatives are responsible for training and motivating employees is responsible for compliance with safety regulations and guidelines. 636.3 ACTION
Our safety and health program will include:
(a) Providing necessary personal protective equipment and instructions for its use and care, as prescribed in the California Occupational Safety and Health Act; (b) Training all employees in good safety and health practices; (c) Developing and enforcing safety and health rules; required that employees cooperate with these rules as a condition of employment;
(d) Investigating and reporting promptly and thoroughly every accident to find out what caused it and to correct the identified problem so that it will not happen again; (e) Supplying employees with information on safety guidelines and the requirements of the California Occupational Safety and Health Act (Cal-OSHA); and (f) Designating a Safety Coordinator and setting up a Safety Committee composed of an employee from each department. The Safety Committee should meet once a month to discuss the effectiveness of the City Safety Program and prevention measures. 337
Item 7.
Policy
637
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville
***DRAFT*** Wearing of Safety Apparel on Construction
Sites - 245
Wearing of Safety Apparel on Construction Sites
637.1 PURPOSE AND SCOPE
This policy provides use of safety apparel on construction sites guidelines for city employees. 637.2 POLICY
All personnel, including administrative and management, shall wear safety apparel while in or about any construction or work site.
637.3 GUIDELINE
(a) Hard hats shall be worn as follows:
1. All aspects of tree work shall require hard hats.
2. During performance of overhead work.
3. During operation of equipment which does not have R.O.P. cage (a) Exception - Compaction Roller
4. While working in confined spaces, i.e., manholes, trenches, etc.
5. All employees, including management, inspectors and fire personnel entering a construction zone shall have and wear hard hats.
(a) CONSTRUCTION ZONE shall be defined as an area where at least one of the above circumstances exists or the job foreman deems wearing hard hats as necessary.
(b) Hard hats are not required when:
1. Operating Equipment with R.O.P. Cage including compacting roller. Operators must carry hard hats to be worn off the equipment.
2. Patching or paving streets will not require hard hats.
3. Hard hats will be required anytime during concrete operations that the chute of the concrete truck is in service. When the concrete chute is removed from the job area all remaining concrete guidelines may continue without the use of hard hats.
4. Normal landscape operations will not require hard hats.
5. Painting and other such light duty work shall not require hard hats. (c) In or about any construction or work site where equipment or vehicles are in operation.
City issued orange shirts or safety vests shall be worn. (d) In or about any construction or work site acceptable foot wear shall be worn.
Acceptable foot wear shall consist of leather boots, shoes, or rubber boots. Tennis shoes, thongs, or sandals are unacceptable.
338
Item 7.
City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Attachments - 246 Attachments
339
Item 7.
Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville
***DRAFT*** 01272020 R8829 OCEA Agreem - Exhibits AB-C.pdf - 247 01272020 R8829 OCEA Agreem - Exhibits A-B-C.pdf
01272020 R8829 OCEA Agreem - Exhibits A-B-C.pdf
340
Item 7.
CITY OF OROVILLE - TIER 1
Classifications & Compensation for Oroville City Employee's Association (OCEA) Members 3% Salary Increase Per MOU
Effective: 01/07/2020 EXHIBIT "A"
CLASSIFICATION:
Associate Civil Engr.
STEP A
$72,255.36
STEP B
$75,868.13
STEP C
$79,661.53
STEP D
$83,644.61
STEP E
$87,826.84
STEP F
$92,218.18
STEPG
$96,829.09
STEP H
$101,670.55 Annual
$6,021.28 $6,322.34 $6,638.46 $6,970.38 $7,318.90 $7,684.85 $8,069.09 $8,472.55 Monthly $34.73815 $36.47506 $38.29881 $40.21376 $42.22444 $44.33567 $46.55245 $48.88007 Hourly Associate Planner $55,857.31 $58,650.18 $61,582.68 $64,661.82 $67,894.91 $71,289.65 $74,854.14 $78,596.84 Annual $4,654.78 $4,887.51 $5,131.89 $5,388.48 $5,657.91 $5,940.80 $6,237.84 $6,549.74 Monthly $26.85448 $28.19720 $29.60706 $31.08741 $32.64178 $34.27387 $35.98757 $37.78694 Hourly Sr. Code Compliance Specialist $55,508.53 $58,283.96 $61,198.15 $64,258.06 $67,470.97 $70,844.51 $74,386.74 $78,106.08 Annual $4,625.71 $4,857.00 $5,099.85 $5,354.84 $5,622.58 $5,903.71 $6,198.89 $6,508.84 Monthly $26.68679 $28.02113 $29.42219 $30.89330 $32.43796 $34.05986 $35.76286 $37.55100 Hourly GIS Specialist $55,235.69 $57,997.47 $60,897.35 $63,942.22 $67,139.33 $70,496.29 $74,021.11 $77,722.16 Annual $4,602.97 $4,833.12 $5,074.78 $5,328.52 $5,594.94 $5,874.69 $6,168.43 $6,476.85 Monthly $26.55562 $27.88340 $29.27757 $30.74145 $32.27852 $33.89245 $35.58707 $37.36642 Hourly Assistant Planner $51,428.27 $53,999.68 $56,699.67 $59,534.65 $62,511.38 $65,636.95 $68,918.80 $72,364.74 Annual $4,285.69 $4,499.97 $4,724.97 $4,961.22 $5,209.28 $5,469.75 $5,743.23 $6,030.40 Monthly $24.72513 $25.96139 $27.25946 $28.62243 $30.05355 $31.55623 $33.13404 $34.79074 Hourly Signal Tech/Electrician $49,795.71 $52,285.50 $54,899.77 $57,644.76 $60,527.00 $63,553.35 $66,731.01 $70,067.56 Annual $4,149.64 $4,357.12 $4,574.98 $4,803.73 $5,043.92 $5,296.11 $5,560.92 $5,838.96 Monthly $23.94025 $25.13726 $26.39412 $27.71383 $29.09952 $30.55449 $32.08222 $33.68633 Hourly Code Enforcement Specialist $45,667.02 $47,950.37 $50,347.89 $52,865.28 $55,508.55 $58,283.98 $61,198.17 $64,258.08 Annual $3,805.59 $3,995.86 $4,195.66 $4,405.44 $4,625.71 $4,857.00 $5,099.85 $5,354.84 Monthly $21.95530 $23.05306 $24.20572 $25.41600 $26.68680 $28.02114 $29.42220 $30.89331 Hourly Admin/Program Analyst II $45,075.49 $47,329.26 $49,695.73 $52,180.51 $54,789.54 $57,529.02 $60,405.47 $63,425.74 Annual $3,756.29 $3,944.11 $4,141.31 $4,348.38 $4,565.79 $4,794.08 $5,033.79 $5,285.48 Monthly $21.67091 $22.75445 $23.89218 $25.08679 $26.34112 $27.65818 $29.04109 $30.49314 Hourly Building/Fire Inspector $44,181.85 $46,390.94 $48,710.49 $51,146.01 $53,703.31 $56,388.48 $59,207.90 $62,168.30 Annual Code & Cons Compl Spec. $3,681.82 $3,865.91 $4,059.21 $4,262.17 $4,475.28 $4,699.04 $4,933.99 $5,180.69 Monthly Construction Inspector $21.24127 $22.30334 $23.41850 $24.58943 $25.81890 $27.10985 $28.46534 $29.88861 Hourly Sr. Accountant Technician $41,796.13 $43,885.94 $46,080.23 $48,384.24 $50,803.46 $53,343.63 $56,010.81 $58,811.35 Annual $3,483.01 $3,657.16 $3,840.02 $4,032.02 $4,233.62 $4,445.30 $4,667.57 $4,900.95 Monthly $20.09429 $21.09901 $22.15396 $23.26166 $24.42474 $25.64598 $26.92827 $28.27469 Hourly Accounting Technician Ill $41,606.75 $43,687.09 $45,871.44 $48,165.01 $50,573.26 $53,101.93 $55,757.02 $58,544.88 Annual $3,467.23 $3,640.59 $3,822.62 $4,013.75 $4,214.44 $4,425.16 $4,646.42 $4,878.74 Monthly $20.00 $21.00 $22.05 $23.16 $24.31 $25.53 $26.81 $28.15 Hourly Program Analyst I $40,163.91 $42,172.11 $44,280.71 $46,494.75 $48,819.48 $51,260.46 $53,823.48 $56,514.65 Annual $3,346.99 $3,514.34 $3,690.06 $3,874.56 $4,068.29 $4,271.70 $4,485.29 $4,709.55 Monthly $19.30957 $20.27505 $21.28880 $22.35324 $23.47091 $24.64445 $25.87667 $27.17051 Hourly
341
Item 7.
Lead Equipment Mechanic $39,905.63 $41,900.91 $43,995.96 $46,195.75 $48,505.54 $50,930.82 $53,477.36 $56,151.23 Annual Lead Public Works Operator $3,325.47 $3,491.74 $3,666.33 $3,849.65 $4,042.13 $4,244.23 $4,456.45 $4,679.27 Monthly Lead Tree Worker $19.18540 $20.14467 $21.15190 $22.20950 $23.31997 $24.48597 $25.71027 $26.99578 Hourly Assistant City Clerk $39,075.55 $41,029.33 $43,080.79 $45,234.83 $47,496.58 $49,871.40 $52,364.97 $54,983.22 Annual $3,256.30 $3,419.11 $3,590.07 $3,769.57 $3,958.05 $4,155.95 $4,363.75 $4,581.94 Monthly $18.78632 $19.72564 $20.71192 $21.74752 $22.83489 $23.97664 $25.17547 $26.43424 Hourly Accounting Technician II $37,824.32 $39,715.54 $41,701.31 $43,786.38 $45,975.70 $48,274.48 $50,688.21 $53,222.62 Annual $3,152.03 $3,309.63 $3,475.11 $3,648.86 $3,831.31 $4,022.87 $4,224.02 $4,435.22 Monthly $18.18 $19.09 $20.05 $21.05 $22.10 $23.21 $24.37 $25.59 Hourly Counter Technician $37,535.09 $39,411.84 $41,382.44 $43,451.56 $45,624.14 $47,905.34 $50,300.61 $52,815.64 Annual $3,127.92 $3,284.32 $3,448.54 $3,620.96 $3,802.01 $3,992.11 $4,191.72 $4,401.30 Monthly $18.04572 $18.94800 $19.89540 $20.89017 $21.93468 $23.03142 $24.18299 $25.39214 Hourly Public Works Operator Ill $36,185.96 $37,995.26 $39,895.02 $41,889.77 $43,984.26 $46,183.47 $48,492.65 $50,917.28 Annual $3,015.50 $3,166.27 $3,324.59 $3,490.81 $3,665.36 $3,848.62 $4,041.05 $4,243.11 Monthly $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 $23.31 $24.48 Hourly Accountant $36,105.01 $37,910.26 $39,805.77 $41,796.06 $43,885.87 $46,080.16 $48,384.17 $50,803.37 Annual $3,008.75 $3,159.19 $3,317.15 $3,483.01 $3,657.16 $3,840.01 $4,032.01 $4,233.61 Monthly $17.35818 $18.22609 $19.13739 $20.09426 $21.09897 $22.15392 $23.26162 $24.42470 Hourly Administrative Assistant $35,523.24 $37,299.40 $39,164.37 $41,122.59 $43,178.72 $45,337.66 $47,604.54 $49,984.77 Annual $2,960.27 $3,108.28 $3,263.70 $3,426.88 $3,598.23 $3,778.14 $3,967.04 $4,165.40 Monthly $17.07848 $17.93240 $18.82903 $19.77048 $20.75900 $21.79695 $22.88680 $24.03114 Hourly Equipment Mechanic $35,334.49 $37,101.21 $38,956.28 $40,904.09 $42,949.29 $45,096.76 $47,351.60 $49,719.18 Annual $2,944.54 $3,091.77 $3,246.36 $3,408.67 $3,579.11 $3,758.06 $3,945.97 $4,143.26 Monthly $16.98774 $17.83712 $18.72898 $19.66543 $20.64870 $21.68113 $22.76519 $23.90345 Hourly Code Enforcement Technician $35,061.00 $36,814.05 $38,654.75 $40,587.49 $42,616.86 $44,747.71 $46,985.09 $49,334.35 Annual $2,921.75 $3,067.84 $3,221.23 $3,382.29 $3,551.41 $3,728.98 $3,915.42 $4,111.20 Monthly $16.85625 $17.69906 $18.58402 $19.51322 $20.48888 $21.51332 $22.58899 $23.71844 Hourly Public Works Operator II $34,481.58 $36,205.66 $38,015.94 $39,916.74 $41,912.58 $44,008.20 $46,208.62 $48,519.05 Annual Parks Maint. Technician II $2,873.47 $3,017.14 $3,168.00 $3,326.39 $3,492.71 $3,667.35 $3,850.72 $4,043.25 Monthly Building Maint. Tech II $16.57768 $17.40657 $18.27690 $19.19074 $20.15028 $21.15779 $22.21568 $23.32646 Hourly Accounting Technician $34,385.75 $36,105.04 $37,910.29 $39,805.80 $41,796.09 $43,885.90 $46,080.19 $48,384.20 Annual $2,865.48 $3,008.75 $3,159.19 $3,317.15 $3,483.01 $3,657.16 $3,840.02 $4,032.02 Monthly $16.53161 $17.35819 $18.22610 $19.13741 $20.09428 $21.09899 $22.15394 $23.26164 Hourly Public Works Operator I $32,078.91 $33,682.86 $35,367.00 $37,135.35 $38,992.12 $40,941.72 $42,988.81 $45,138.25 Annual Parks Maint. Technician I $2,673.24 $2,806.90 $2,947.25 $3,094.61 $3,249.34 $3,411.81 $3,582.40 $3,761.52 Monthly $15.42255 $16.19368 $17.00336 $17.85353 $18.74621 $19.68352 $20.66770 $21.70108 Hourly Staff Assistant $28,719.29 $30,155.25 $31,663.02 $33,246.17 $34,908.48 $36,653.90 $38,486.60 $40,410.93 Annual $2,393.27 $2,512.94 $2,638.58 $2,770.51 $2,909.04 $3,054.49 $3,207.22 $3,367.58 Monthly $13.80735 $14.49772 $15.22260 $15.98373 $16.78292 $17.62207 $18.50317 $19.42833 Hourly
FROZEN POSITIONS
342
Item 7.
Effective: 01/07/20
CITY OF OROVILLE - TIER 2
Classifications & Compensation for Oroville City Employee's Association (OCEA) Members 2nd Tier Salary Schedule
EXHIBIT"A"
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEPJ STEP K STEPL STEPM STEP N STEPO Associate Civil Engr. $72,255.36 $74,061.74 $75,868.13 $77,764.83 $79,661.53 $81,653.07 $83,644.61 $85,735.73 $87,826.84 $90,022.51 $92,218.18 $94,523.64 $96,829.09 $99,249.82 $101,670.55 Annual $6,021.28 $6,171.81 $6,322.34 $6,480.40 $6,638.46 $6,804.42 $6,970.38 $7,144.64 $7,318.90 $7,501.88 $7,684.85 $7,876.97 $8,069.09 $8,270.82 $8,472.55 Monthly $34.73815 $35.60661 $36.47506 $37.38694 $38.29881 $39.25628 $40.21376 $41.21910 $42.22444 $43.28005 $44.33567 $45.44406 $46.55245 $47.71626 $48.88007 Hourly Associate Planner $55,857.31 $57,253.74 $58,650.18 $60,116.43 $61,582.68 $63,122.25 $64,661.82 $66,278.36 $67,894.91 $69,592.28 $71,289.65 $73,071.90 $74,854.14 $76,725.49 $78,596.84 Annual $4,654.78 $4,771.15 $4,887.51 $5,009.70 $5,131.89 $5,260.19 $5,388.48 $5,523.20 $5,657.91 $5,799.36 $5,940.80 $6,089.32 $6,237.84 $6,393.79 $6,549.74 Monthly $26.85448 $27.52584 $28.19720 $28.90213 $29.60706 $30.34724 $31.08741 $31.86460 $32.64178 $33.45783 $34.27387 $35.13072 $35.98757 $36.88726 $37.78694 Hourly Sr. Code Compliance Specialist $55,508.53 $56,896.24 $58,283.96 $59,741.06 $61,198.15 $62,728.11 $64,258.06 $65,864.51 $67,470.97 $69,157.74 $70,844.51 $72,615.63 $74,386.74 $76,246.41 $78,106.08 Annual $4,625.71 $4,741.35 $4,857.00 $4,978.42 $5,099.85 $5,227.34 $5,354.84 $5,488.71 $5,622.58 $5,763.14 $5,903.71 $6,051.30 $6,198.89 $6,353.87 $6,508.84 Monthly $26.68679 $27.35396 $28.02113 $28.72166 $29.42219 $30.15774 $30.89330 $31.66563 $32.43796 $33.24891 $34.05986 $34.91136 $35.76286 $36.65693 $37.55100 Hourly GIS Specialist $55,235.69 $56,616.58 $57,997.47 $59,447.41 $60,897.35 $62,419.78 $63,942.22 $65,540.77 $67,139.33 $68,817.81 $70,496.29 $72,258.70 $74,021.11 $75,871.64 $77,722.16 Annual $4,602.97 $4,718.05 $4,833.12 $4,953.95 $5,074.78 $5,201.65 $5,328.52 $5,461.73 $5,594.94 $5,734.82 $5,874.69 $6,021.56 $6,168.43 $6,322.64 $6,476.85 Monthly $26.55562 $27.21951 $27.88340 $28.58049 $29.27757 $30.00951 $30.74145 $31.50999 $32.27852 $33.08549 $33.89245 $34.73976 $35.58707 $36.47675 $37.36642 Hourly Assistant Planner $51,428.27 $52,713.98 $53,999.68 $55,349.68 $56,699.67 $58,117.16 $59,534.65 $61,023.02 $62,511.38 $64,074.17 $65,636.95 $67,277.88 $68,918.80 $70,641.77 $72,364.74 Annual $4,285.69 $4,392.83 $4,499.97 $4,612.47 $4,724.97 $4,843.10 $4,961.22 $5,085.25 $5,209.28 $5,339.51 $5,469.75 $5,606.49 $5,743.23 $5,886.81 $6,030.40 Monthly $24.72513 $25.34326 $25.96139 $26.61042 $27.25946 $27.94094 $28.62243 $29.33799 $30.05355 $30.80489 $31.55623 $32.34513 $33.13404 $33.96239 $34.79074 Hourly Signal Tech/Electrician $49,795.71 $51,040.60 $52,285.50 $53,592.63 $54,899.77 $56,272.26 $57,644.76 $59,085.88 $60,527.00 $62,040.17 $63,553.35 $65,142.18 $66,731.01 $68,399.29 $70,067.56 Annual $4,149.64 $4,253.38 $4,357.12 $4,466.05 $4,574.98 $4,689.36 $4,803.73 $4,923.82 $5,043.92 $5,170.01 $5,296.11 $5,428.52 $5,560.92 $5,699.94 $5,838.96 Monthly $23.94025 $24.53875 $25.13726 $25.76569 $26.39412 $27.05397 $27.71383 $28.40667 $29.09952 $29.82701 $30.55449 $31.31836 $32.08222 $32.88427 $33.68633 Hourly Code Enforcement Specialist $45,667.02 $46,808.70 $47,950.37 $49,149.13 $50,347.89 $51,606.59 $52,865.28 $54,186.92 $55,508.55 $56,896.26 $58,283.98 $59,741.08 $61,198.17 $62,728.13 $64,258.08 Annual $3,805.59 $3,900.72 $3,995.86 $4,095.76 $4,195.66 $4,300.55 $4,405.44 $4,515.58 $4,625.71 $4,741.36 $4,857.00 $4,978.42 $5,099.85 $5,227.34 $5,354.84 Monthly $21.95530 $22.50418 $23.05306 $23.62939 $24.20572 $24.81086 $25.41600 $26.05140 $26.68680 $27.35397 $28.02114 $28.72167 $29.42220 $30.15775 $30.89331 Hourly Admin/Program Analyst II $45,075.49 $46,202.38 $47,329.26 $48,512.50 $49,695.73 $50,938.12 $52,180.51 $53,485.03 $54,789.54 $56,159.28 $57,529.02 $58,967.24 $60,405.47 $61,915.60 $63,425.74 Annual $3,756.29 $3,850.20 $3,944.11 $4,042.71 $4,141.31 $4,244.84 $4,348.38 $4,457.09 $4,565.79 $4,679.94 $4,794.08 $4,913.94 $5,033.79 $5,159.63 $5,285.48 Monthly $21.67091 $22.21268 $22.75445 $23.32332 $23.89218 $24.48948 $25.08679 $25.71396 $26.34112 $26.99965 $27.65818 $28.34964 $29.04109 $29.76712 $30.49314 Hourly Building/Fire Inspector $44,181.85 $45,286.40 $46,390.94 $47,550.72 $48,710.49 $49,928.25 $51,146.01 $52,424.66 $53,703.31 $55,045.90 $56,388.48 $57,798.19 $59,207.90 $60,688.10 $62,168.30 Annual Code & Cons Compl Spec. $3,681.82 $3,773.87 $3,865.91 $3,962.56 $4,059.21 $4,160.69 $4,262.17 $4,368.72 $4,475.28 $4,587.16 $4,699.04 $4,816.52 $4,933.99 $5,057.34 $5,180.69 Monthly Construction Inspector $21.24127 $21.77231 $22.30334 $22.86092 $23.41850 $24.00397 $24.58943 $25.20417 $25.81890 $26.46437 $27.10985 $27.78759 $28.46534 $29.17697 $29.88861 Hourly Sr. Accountant Technician $41,796.13 $42,841.03 $43,885.94 $44,983.08 $46,080.23 $47,232.24 $48,384.24 $49,593.85 $50,803.46 $52,073.54 $53,343.63 $54,677.22 $56,010.81 $57,411.08 $58,811.35 Annual $3,483.01 $3,570.09 $3,657.16 $3,748.59 $3,840.02 $3,936.02 $4,032.02 $4,132.82 $4,233.62 $4,339.46 $4,445.30 $4,556.44 $4,667.57 $4,784.26 $4,900.95 Monthly $20.09429 $20.59665 $21.09901 $21.62648 $22.15396 $22.70781 $23.26166 $23.84320 $24.42474 $25.03536 $25.64598 $26.28713 $26.92827 $27.60148 $28.27469 Hourly Accounting Technician Ill $41,606.75 $42,646.92 $43,687.09 $44,779.26 $45,871.44 $47,018.23 $48,165.01 $49,369.14 $50,573.26 $51,837.60 $53,101.93 $54,429.48 $55,757.02 $57,150.95 $58,544.88 Annual $3,467.23 $3 553.91 $3 640.59 $3,731.61 $3 822.62 $3.918.19 $4,013.75 $4 114.09 $4 214.44 $4,319.80 $4 425.16 $4,535.79 $4,646.42 $4 762.58 $4 878.74 Monthlv $20.00325 $20.50333 $21.00341 $21.52849 $22.05358 $22.60492 $23.15626 $23.73516 $24.31407 $24.92192 $25.52977 $26.16802 $26.80626 $27.47642 $28.14657 Hourly Program Analyst I $40,163.91 $41,168.01 $42,172.11 $43,226.41 $44,280.71 $45,387.73 $46,494.75 $47,657.11 $48,819.48 $50,039.97 $51,260.46 $52,541.97 $53,823.48 $55,169.07 $56,514.65 Annual $3,346.99 $3,430.67 $3,514.34 $3,602.20 $3,690.06 $3,782.31 $3,874.56 $3,971.43 $4,068.29 $4,170.00 $4,271.70 $4,378.50 $4,485.29 $4,597.42 $4,709.55 Monthly $19.30957 $19.79231 $20.27505 $20.78193 $21.28880 $21.82102 $22.35324 $22.91207 $23.47091 $24.05768 $24.64445 $25.26056 $25.87667 $26.52359 $27.17051 Hourly Lead Equipment Mechanic $39,905.63 $40,903.27 $41,900.91 $42,948.43 $43,995.96 $45,095.86 $46,195.75 $47,350.65 $48,505.54 $49,718.18 $50,930.82 $52,204.09 $53,477.36 $54,814.29 $56,151.23 Annual Lead Public Works Operator $3,325.47 $3,408.61 $3,491.74 $3,579.04 $3,666.33 $3,757.99 $3,849.65 $3,945.89 $4,042.13 $4,143.18 $4,244.23 $4,350.34 $4,456.45 $4,567.86 $4,679.27 Monthly Lead Tree Worker $19.18540 $19.66503 $20.14467 $20.64829 $21.15190 $21.68070 $22.20950 $22.76474 $23.31997 $23.90297 $24.48597 $25.09812 $25.71027 $26.35303 $26.99578 Hourly Assistant City Clerk $39,075.55 $40,052.44 $41,029.33 $42,055.06 $43,080.79 $44,157.81 $45,234.83 $46,365.70 $47,496.58 $48,683.99 $49,871.40 $51,118.19 $52,364.97 $53,674.10 $54,983.22 Annual $3,256.30 $3,337.70 $3,419.11 $3,504.59 $3,590.07 $3,679.82 $3,769.57 $3,863.81 $3,958.05 $4,057.00 $4,155.95 $4,259.85 $4,363.75 $4,472.84 $4,581.94 Monthly $18.78632 $19.25598 $19.72564 $20.21878 $20.71192 $21.22972 $21.74752 $22.29120 $22.83489 $23.40576 $23.97664 $24.57605 $25.17547 $25.80486 $26.43424 Hourly Accounting Technician II $37,824.32 $38,769.93 $39,715.54 $40,708.42 $41,701.31 $42,743.85 $43,786.38 $44,881.04 $45,975.70 $47,125.09 $48,274.48 $49,481.34 $50,688.21 $51,955.41 $53,222.62 Annual $3,152.03 $3,230.83 $3,309.63 $3,392.37 $3,475.11 $3,561.99 $3,648.86 $3,740.09 $3,831.31 $3,927.09 $4,022.87 $4,123.45 $4,224.02 $4,329.62 $4,435.22 Monthly $18.18477 $18.63939 $19.09401 $19.57136 $20.04871 $20.54993 $21.05114 $21.57742 $22.10370 $22.65629 $23.20889 $23.78911 $24.36933 $24.97856 $25.58780 Hourly
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Counter Technician $37,535.09 $38,473.47 $39,411.84 $40,397.14 $41,382.44 $42,417.00 $43,451.56 $44,537.85 $45,624.14 $46,764.74 $47,905.34 $49,102.98 $50,300.61 $51,558.13 $52,815.64 Annual $3,127.92 $3,206.12 $3,284.32 $3,366.43 $3,448.54 $3,534.75 $3,620.96 $3,711.49 $3,802.01 $3,897.06 $3,992.11 $4,091.91 $4,191.72 $4,296.51 $4,401.30 Monthly $18.04572 $18.49686 $18.94800 $19.42170 $19.89540 $20.39279 $20.89017 $21.41243 $21.93468 $22.48305 $23.03142 $23.60720 $24.18299 $24.78756 $25.39214 Hourly Public Works Operator III $36,185.96 $37,090.61 $37,995.26 $38,945.14 $39,895.02 $40,892.40 $41,889.77 $42,937.02 $43,984.26 $45,083.87 $46,183.47 $47,338.06 $48,492.65 $49,704.96 $50,917.28 Annual $3,015.50 $3,090.88 $3,166.27 $3,245.43 $3,324.59 $3,407.70 $3,490.81 $3,578.08 $3,665.36 $3,756.99 $3,848.62 $3,944.84 $4,041.05 $4,142.08 $4,243.11 Monthly $17.39710 $17.83202 $18.26695 $18.72362 $19.18030 $19.65981 $20.13931 $20.64280 $21.14628 $21.67494 $22.20359 $22.75868 $23.31377 $23.89662 $24.47946 Hourly Accountant $36,105.01 $37,007.64 $37,910.26 $38,858.02 $39,805.77 $40,800.92 $41,796.06 $42,840.96 $43,885.87 $44,983.01 $46,080.16 $47,232.16 $48,384.17 $49,593.77 $50,803.37 Annual $3,008.75 $3,083.97 $3,159.19 $3,238.17 $3,317.15 $3,400.08 $3,483.01 $3,570.08 $3,657.16 $3,748.58 $3,840.01 $3,936.01 $4,032.01 $4,132.81 $4,233.61 Monthly $17.35818 $17.79213 $18.22609 $18.68174 $19.13739 $19.61583 $20.09426 $20.59662 $21.09897 $21.62645 $22.15392 $22.70777 $23.26162 $23.84316 $24.42470 Hourly Administrative Assistant $35,523.24 $36,411.32 $37,299.40 $38,231.89 $39,164.37 $40,143.48 $41,122.59 $42,150.66 $43,178.72 $44,258.19 $45,337.66 $46,471.10 $47,604.54 $48,794.65 $49,984.77 Annual $2,960.27 $3,034.28 $3,108.28 $3,185.99 $3,263.70 $3,345.29 $3,426.88 $3,512.55 $3,598.23 $3,688.18 $3,778.14 $3,872.59 $3,967.04 $4,066.22 $4,165.40 Monthly $17.07848 $17.50544 $17.93240 $18.38071 $18.82903 $19.29975 $19.77048 $20.26474 $20.75900 $21.27798 $21.79695 $22.34187 $22.88680 $23.45897 $24.03114 Hourly Equipment Mechanic $35,334.49 $36,217.85 $37,101.21 $38,028.74 $38,956.28 $39,930.18 $40,904.09 $41,926.69 $42,949.29 $44,023.03 $45,096.76 $46,224.18 $47,351.60 $48,535.39 $49,719.18 Annual $2,944.54 $3,018.15 $3,091.77 $3,169.06 $3,246.36 $3,327.52 $3,408.67 $3,493.89 $3,579.11 $3,668.59 $3,758.06 $3,852.01 $3,945.97 $4,044.62 $4,143.26 Monthly $16.98774 $17.41243 $17.83712 $18.28305 $18.72898 $19.19720 $19.66543 $20.15706 $20.64870 $21.16492 $21.68113 $22.22316 $22.76519 $23.33432 $23.90345 Hourly Code Enforcement Technician $35,061.00 $35,937.53 $36,814.05 $37,734.40 $38,654.75 $39,621.12 $40,587.49 $41,602.18 $42,616.86 $43,682.29 $44,747.71 $45,866.40 $46,985.09 $48,159.72 $49,334.35 Annual $2,921.75 $2,994.79 $3,067.84 $3,144.53 $3,221.23 $3,301.76 $3,382.29 $3,466.85 $3,551.41 $3,640.19 $3,728.98 $3,822.20 $3,915.42 $4,013.31 $4,111.20 Monthly $16.85625 $17.27766 $17.69906 $18.14154 $18.58402 $19.04862 $19.51322 $20.00105 $20.48888 $21.00110 $21.51332 $22.05115 $22.58899 $23.15371 $23.71844 Hourly Public Works Operator II $34,481.58 $35,343.62 $36,205.66 $37,110.80 $38,015.94 $38,966.34 $39,916.74 $40,914.66 $41,912.58 $42,960.39 $44,008.20 $45,108.41 $46,208.62 $47,363.83 $48,519.05 Annual Parks Maint Technician II $2,873.47 $2,945.30 $3,017.14 $3,092.57 $3,168.00 $3,247.20 $3,326.39 $3,409.55 $3,492.71 $3,580.03 $3,667.35 $3,759.03 $3,850.72 $3,946.99 $4,043.25 Monthly Building Maint. Tech II $16.57768 $16.99212 $17.40657 $17.84173 $18.27690 $18.73382 $19.19074 $19.67051 $20.15028 $20.65403 $21.15779 $21.68674 $22.21568 $22.77107 $23.32646 Hourly Accounting Technician $34,385.75 $35,245.39 $36,105.04 $37,007.66 $37,910.29 $38,858.05 $39,805.80 $40,800.95 $41,796.09 $42,841.00 $43,885.90 $44,983.05 $46,080.19 $47,232.20 $48,384.20 Annual $2,865.48 $2,937.12 $3,008.75 $3,083.97 $3,159.19 $3,238.17 $3,317.15 $3,400.08 $3,483.01 $3,570.08 $3,657.16 $3,748.59 $3,840.02 $3,936.02 $4,032.02 Monthly $16.53161 $16.94490 $17.35819 $17.79215 $18.22610 $18.68175 $19.13741 $19.61584 $20.09428 $20.59663 $21.09899 $21.62646 $22.15394 $22.70779 $23.26164 Hourly Public Works Operator I $32,078.91 $32,880.88 $33,682.86 $34,524.93 $35,367.00 $36,251.17 $37,135.35 $38,063.73 $38,992.12 $39,966.92 $40,941.72 $41,965.26 $42,988.81 $44,063.53 $45,138.25 Annual Parks Maint. Technician I $2,673.24 $2,740.07 $2,806.90 $2,877.08 $2,947.25 $3,020.93 $3,094.61 $3,171.98 $3,249.34 $3,330.58 $3,411.81 $3,497.11 $3,582.40 $3,671.96 $3,761.52 Monthly $15.42255 $15.80812 $16.19368 $16.59852 $17.00336 $17.42845 $17.85353 $18.29987 $18.74621 $19.21486 $19.68352 $20.17561 $20.66770 $21.18439 $21.70108 Hourly Staff Assistant $28,719.29 $29,437.27 $30,155.25 $30,909.14 $31,663.02 $32,454.59 $33,246.17 $34,077.32 $34,908.48 $35,781.19 $36,653.90 $37,570.25 $38,486.60 $39,448.76 $40,410.93 Annual $2,393.27 $2,453.11 $2,512.94 $2,575.76 $2,638.58 $2,704.55 $2,770.51 $2,839.78 $2,909.04 $2,981.77 $3,054.49 $3,130.85 $3,207.22 $3,287.40 $3,367.58 Monthly $13.80735 $14.15253 $14.49772 $14.86016 $15.22260 $15.60317 $15.98373 $16.38333 $16.78292 $17.20249 $17.62207 $18.06262 $18.50317 $18.96575 $19.42833 Hourly
FROZEN POSITIONS
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EXHIBIT "B"
CITY OF OROVILLE
Drug-Free Workplace Certification and Substance Abuse Policy Statement As with any City policy, the CITY OF OROVILLE reserves the right to change, alter, amend, and interpret this policy without notice.
The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug programs. ''The Drug-Free Workplace Act of 1990" (Government Code Section 8350 et seq.), requires the establishment of drug free workplace policies and the reporting of certain drug-related offenses to Federal authorities.
The CITY OF OROVILLE recognizes that the use of alcohol and/or controlled substances in the workplace is not conducive to safe working conditions. In order to promote a safe, healthy and productive work environment for all employees, it is the objective of the City to have a work force that is free from the influence of alcohol and controlled substances.
A. APPLICABILITY
This policy applies to all employees and contractors when they are on City property or when performing any City related business. It applies to off-site lunch periods and breaks when an employee is scheduled to return to work. Visitors, vendors, and contracted employees are governed by this policy while on City premises, and they will not be permitted to conduct business if found to be in violation of this policy.
A listing of the CITY OF OROVILLE'S employee function and/or position classifications can be found in Appendix "A" of this policy statement. An employee is considered to be performing a job function while actually performing duties related to the job function, preparing to perform such duties, on call or available for such duties as described in the job description, or immediately following the performance of such duties.
B. PROHIBITED SUBSTANCES
"Prohibited substances" addressed by this policy include the following:
Drugs:
Amphetamines, barbiturates, benzodiazepines, cocaine, marijuana, methadone, methaqualone, opiates, phencyclidine (PCP), and propoxyphene.
Alcohol:
This use of beverages or substances, including any medication, containing alcohol such that it is present in the body at a level in excess of that stated in Department of Transportation guidelines while actually performing, ready to perform, or immediately available to perform any City business is prohibited. "Alcohol" is defined as: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl or isopropyl alcohol.
C. PROHIBITED CONDUCT
Manufacture, Trafficking, Possession, and Use: Any employee engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol on City premises, in City vehicles or while conducting City business off the premises is absolutely prohibited. Violation will result in removal from duty and referral to an Employee Assistance Professional (EAP). 29[Page
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Impaired/Not Fit for Duty: Any employee who is reasonably suspected of being impaired, under the influence of a prohibited substance, or not fit for duty shall be removed from his/her job duties and be required to undergo a reasonable suspicion controlled substance or alcohol test. Employees failing to pass this reasonable suspicion controlled substance or alcohol test shall remain off duty and be referred to an Employee Assistance Professional (EAP}. A controlled substance or alcohol test is considered positive (failed} if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in the Department of Transportation guidelines.
Alcohol Use: No employee may report for duty or remain on duty when his/her ability to perform assigned functions are adversely affected by alcohol or when his/her alcohol concentration is 0.04 or greater. No employee shall use alcohol while on duty. No employee shall use alcohol within four hours of reporting for duty nor during hours that he/she is on call. Violation of this provision is prohibited and will subject the employee to removal from duty and referral to an Employee Assistance Professional (EAP}.
Compliance with Testing Requirements: All employees are subject to controlled substance testing and alcohol testing. Any employee who refuses to comply with a request for testing, who provides false information in connection with a test or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from duty immediately and be referred to an Employee Assistance Professional (EAP}. Refusal to submit to a test can include an inability to provide a urine specimen without a valid medical explanation, as well as a verbal declaration, obstructive behavior or physical absence resulting in the inability to conduct the test.
Treatment/Rehabilitation Program: An employee with a controlled substance and/or alcohol problem will be afforded an opportunity for treatment in accordance with the following provisions:
Positive Controlled Substance and/or Alcohol Test: A Rehabilitation Program is available for employees who have tested positive for a prohibited substance on a one-time basis only. Employee will be immediately terminated on the occurrence of a second verified positive test result. Program costs and subsequent controlled substance and/or alcohol testing costs will be paid by the employee. When recommended by the Employee Assistance Professional (EAP), participation and completion of the rehabilitation program is mandatory. Failure of an employee to attend and/or complete a prescribed program will result in termination from employment. Prior to return-to-duty testing, an employee must follow the rehabilitation program recommended by the EAP and agree to and sign a Return-To-Duty Agreement. The duration and frequency of follow-up testing will be determined by the EAP but will not be shorter than one year or longer than five years.
Voluntary Admittance: All employees who feel they have a problem with controlled substances and/or alcohol may request voluntary admission to a rehabilitation program. Requests must be submitted to an Administrator or his/her designee for review. Program costs and subsequent controlled substance and/or alcohol testing costs will be paid by the employee. An employee failing to complete the program will be subject to termination from employment. An employee completing a rehabilitation program must agree to and sign a Return-To-Duty Agreement, pass a return-to-duty controlled substance and/or alcohol test and be subject to unannounced follow-up testing for 36 months following return to duty. A positive result on the return-to-duty test or on the unannounced follow-up tests within a 36-month period will result in termination from employment.
Participants in the rehabilitation program may use accumulated paid time off, vacation and floating holidays, if any.
D. NOTIFYING THE CITY OF CRIMINAL DRUG CONVICTION
Pursuant to the "Drug Free Workplace Act of 1990 any employee who fails to immediately notify the City of any criminal controlled substance statute conviction shall be subject to disciplinary action, up to and including termination of employment.
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E. PROPER APPLICATION OF THE POLICY
The City is dedicated to assuring fair and equitable application of this Substance Abuse Policy.
Therefore, supervisors are required to administer all aspects of the policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy with respect to his/her subordinates shall be subject to disciplinary action, up to and including termination.
F. TESTING FOR PROHIBITED SUBSTANCES
Analytical urine controlled substance testing will be conducted as required under Department of Transportation guidelines. All employees shall be subject to testing prior to employment, randomly, for reasonable suspicion, and following an accident. In addition, all employees will be tested prior to returning to duty after failing a controlled substance test. Employees who have returned to duty will be subject to unannounced follow-up tests for up to five years, as determined by an Employee Assistance Professional (EAP). Employees shall also be subject to testing on randomly selected, unannounced basis.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures put forth in the Department of Transportation guidelines.
The controlled substances that will be tested for include alcohol, marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). An initial controlled substance screen will be conducted on each specimen. For those specimens that are positive, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the controlled substance levels present are above the minimum thresholds established in the Department of Transportation guidelines.
Any employee who has a confirmed positive controlled substance test will be removed from his/her position, informed of educational and rehabilitation program available, and evaluated by an Employee Assistance Professional (EAP).
The City affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process.
Employees may be tested under any of the following circumstances:
Pre-Employment Testing: All applicants shall undergo urine controlled substance testing prior to employment. Receipt of a satisfactory test result is required prior to employment and failure of a controlled substance test will disqualify the applicant from further consideration for employment. Pre• Employment testing requirements will be conducted in compliance with current law.
Reasonable Suspicion Testing: All employees will be subject to urine testing when there is a reason to believe that controlled substances or alcohol use is adversely affecting job performance while on duty.
A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the effects of substance abuse. Examples of reasonable suspicion include, but are not limited to, the following:
1. Adequate documentation of unsatisfactory work performance or on-the-job behavior.
2. Physical signs and symptoms consistent with prohibited substance use.
3. Occurrence of a serious or potentially serious accident that may have been caused by human error while on duty.
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4. Fights (to mean physical contact), assaults and flagrant disregard or violations of established safety, security, or other operation procedures.
Reasonable suspicion determinations will be made by a supervisor who is trained to detect the signs and symptoms of controlled substance and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to prohibited substance abuse or misuse.
Post-Accident Testing: Employees will be required to undergo controlled substance testing if they are involved in an accident with any City equipment or City vehicle or personal vehicle when employee is driving for work related business that results in any damage, injury or fatality. This includes all employees who are on duty and operating the equipment or vehicle and any other employee whose performance could have contributed to the injury or accident. A post-accident test will be conducted if an accident results in injuries: (1) which requires medical treatment; (2) where one or more pieces of equipment or vehicles incur damage that requires extensive repair or towing; or (3) when required by Workers' Compensation Guidelines.
Following an accident, the employee will be tested as soon as possible, but not to exceed eight hours for alcohol and 32 hours for controlled substances. Any employee who leaves the scene of the accident without appropriate authorization prior to submission to controlled substance and alcohol testing will be considered to have refused the test and subject to termination. Post-accident testing of employees will include not only the operation personnel, but any other covered employees whose performance could have contributed to the accident.
Random Testing: Employees will be subjected to randomly selected, unannounced testing. The random selection will be by a scientifically valid method. Each employee will have an equal chance of being tested each time selections are made. Employees will be tested either just before departure, or during duty, or just after the employee has ceased performing his/her duty.
Return-to-Duty Testing: All employees who previously tested positive on a controlled substance test must test negative and be evaluated and released to duty by the Employee Assistance Professional (EAP) before returning to duty. Employees will be required to undergo unannounced follow-up controlled substance testing following returning to duty. The duration and frequency will be determined by the EAP. However, it shall not be less than 6 tests during the first 12 months or longer than 60 months in total, following return to duty.
Employee Requested Testing: Any employee who questions the result of a required controlled substance test under Department of Transportation guidelines may request that an additional test be conducted. This additional test may be conducted at the same laboratory or at a different DHHS certified laboratory. The test must be conducted on the original sample. All costs for such testing are to be paid by the employee unless the second test invalidated the original test. The employee's request for a retest must be made to the MRO within 72 hours of notice of the initial test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.
G. EMPLOYEE ASSESSMENT
Any employee who tests positive for the presence of controlled substances will be assessed by an Employee Assistance Professional (EAP). The EAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substance abuse or misuse.
If an employee is returned to duty following rehabilitation, he/she must agree to and sign a Return-To• Duty Agreement, pass a return-to-duty controlled substance test and be subject to unannounced follow• up tests for a period of one to five years, as determined by the EAP. The cost of any rehabilitation and 32]Page
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subsequent controlled substance testing is borne by the employee and is on a one-time basis only.
Employee will be immediately terminated on the occurrence of a second verified positive test result.
Employees may use accumulated paid time off, vacation and floating holidays, if any, to participate in the prescribed rehabilitation program.
H. CONTACT PERSON
Any questions regarding this policy should contact the following City representative:
Name: Liz Ehrenstrom
Title: Human Resource Analyst II
Address: 1735 Montgomery St., Oroville, CA 95965
Telephone: (530) 538-2407
I. DEFINITIONS
'
ACCIDENT - means an unintended happening or mishap where there is loss of human life (regardless of fault), bodily injury, significant property damage, or an injury as defined by Workers' Compensation Guidelines.
ALCOHOL - means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol.
ALCOHOL USE -means consumption of any beverage, mixture, or preparation, including any medication containing ethyl alcohol. Since ingestion of a given amount of alcohol produces the same alcohol concentration in an individual whether the alcohol comes from a mixed drink or cough syrup, the Department of Transportation prohibits the use of any substance containing alcohol, such as prescription or over-the-counter medication or liquor-filled chocolates. Prescription medications containing alcohol may have a greater impairing affect due to the presence of other elements (e.g., antihistamines).
CHAIN OF CUSTODY - means the procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of collection to final disposition.
CITY - means the CITY OF OROVILLE.
CITY TIME - means any period of time in which the employee is actually performing, ready to perform, or immediately available to perform any job functions.
COLLECTION SITE - means a place designated by the City where individuals present themselves for the purpose of providing a specimen of either urine and/or breath.
CONFIRMATION TEST - means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (CG/MS) is the only authorized confirmation method of cocaine, marijuana, opiates, amphetamines, and phencyclidine.)
CONTROLLED SUBSTANCE (DRUG) TEST - A method of detecting and measuring the presence of alcohol and other controlled substances, whether legal or illegal, in a person's body. A controlled substance test may be either an initial test or confirmation test. An initial controlled substance test is designed to identify specimens having concentrations of a particular class of drug above a specified concentration level. It eliminates negative specimens from further consideration.
Controlled substances will be tested under the Department of Health and Human Services guidelines.
The primary (initial or screening) controlled substance test thresholds for a verified positive test result are those that are equal to or greater than:
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Alcohol 0.02 grams
Amphetamines 1000 ng/ml
Barbiturates 300 ng/ml
Benzodiazepines 300 ng/ml
Cocaine Metabolites 300 ng/ml
Marijuana Metabolites 50 ng/ml
Methadone 300 ng/ml
Methaqualone 300 ng/ml
Opiates 2000 ng/ml
Phencyclidine 25 ng/ml
Propoxyphene 300 ng/ml
A confirmation drug testing is a second analytical procedure to detect the presence of a specific drug or its metabolite. The confirmation procedure is conducted independent of the initial test and uses a different technique and chemical principle in order to confirm reliability and accuracy. The confirmatory controlled substance test thresholds for a verified positive test result are those that are equal to or greater than:
Alcohol
Amphetamines
0.04 grams
Amphetamine 500 ng/ml
Methamphetamine (1) 500 ng/ml
Barbiturates 200 ng/ml
Benzodiazepines 200 ng/ml
Cocaine Metabolites (2) 150 ng/ml
Marijuana Metabolite (THC) (3) 15 ng/ml
Methadone 200 ng/ml
Methaqualone 200 ng/ml
Opiates
Morphine 2000 ng/ml
Codeine 2000 ng/ml
6-Acetylmorphine (4) 10 ng/ml
Phencyclidine 25 ng/ml
Propoxyphene 200 ng/ml
(1) Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/ml (2) Benzoylecgonine
(3) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(4) Test for 6-Acetylmorphine when morphine concentration exceeds 2000 ng/ml COVERED EMPLOYEE - means a person including a volunteer, applicant, or transferee, who performs a job function for the City.
DEPARTMENT OF TRA NSPORTATION GUIDELINES -the procedures for controlled substance and alcohol testing (49 CFR Part 40) in all the transportation industries.
DRIVER- means any person who operates a motor vehicle. This includes full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer.
DRUG (CONTROLLED SUBSTANCE) METABOLITE- means the specific substance produced when the human body metabolizes (changes) a given drug (controlled substance) as it passes through the body and is excreted in urine.
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EMPLOYEE ASSISTANCE PROFESSIONAL (EAP) - An employee assistance professional is an individual who assists the work organization, its employees and their family members with personal and behavioral problems including, but not limited to: health, marital, family, financial, alcohol, drug, legal emotional, stress, or other personal concerns which may adversely affect employee job performance and productivity.
EMPLOYEE ASSISTANCE PROGRAM - An employee assistance program (EAP) is a worksite based program designed to assist in the identification and resolution of productivity problems associated with employees impaired by personal concerns including, but not limited to: health, marital, family, financial, alcohol, drug, legal, emotional, stress, or other personal concerns which may adversely affect employee job performance.
The specific core activities of EAP's include:
1. Expert consultation and training to appropriate persons in the identification and resolution of job-performance issues related to the aforementioned employee personal concerns, and confidential, appropriate and timely problem assessment services;
2. Referrals for appropriate diagnosis, treatment and assistance;
3. The formation of linkages between workplace and community resources that provide such services; and w follow-up services for employees who use those services.
EQUIPMENT - means any and all machinery, material, gear and the like in and/or around the City plants, on City premises, or on customer property and/or premises.
MEDICAL REVIEW OFFICER (MRO) - means a licensed physician responsible for analyzing laboratory results generated by an employer's controlled substance (drug) testing program. The MRO is knowledgeable about substance abuse disorders and has appropriate medical training to interpret and evaluate positive test results.
POST-ACCIDENT CONTROLLED SUBSTANCE TESTING - conducted after accidents on employees whose performance could have contributed to the accident. For drivers this is determined by a citation for a moving traffic violation and for all fatal accidents even if the driver is not cited for a moving traffic violation. See Accident.
PRE-EMPLOYMENT CONTROLLED SUBSTANCE TESTING -conducted before applicants are hired or after an offer to hire, but before actually performing any functions for the first time.
PROHIBITED DRUGS (CONTROLLED SUBSTANCES) - means Alcohol, Marijuana, Cocaine, Opiates, Amphetamines, or Phencyclidine.
PROHIBITED SUBSTANCES - means and is synonymous to drug abuse and/or alcohol misuse or abuse.
RANDOM CONTROLLED SUBSTANCE TESTING - conducted on a random unannounced basis just before, during or just after performance of job functions.
REASONABLE SUSPICION CONTROLLED SUBSTANCE TESTING - conducted when a trained supervisor observes behavior or appearance that is characteristic of alcohol misuse or controlled substance abuse.
REFUSE TO SUBMIT (TO A CONTROLLED SUBSTANCE TEST) - means that an employee fails to provide an adequate urine sample for testing without a valid medical explanation after that employee received notice of the requirement to be tested or engages in conduct that clearly obstructs the testing 35[Page
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process (i.e., verbal declarations, obstructive behavior or physical absence resulting in the inability to conduct the test.)
REHABILITATION - The total process of restoring an employee to satisfactory work performance through constructive confrontation, referral to the EAP and participation in EAP recommendations such as education, treatment and/or support groups to resolve personal, physical or emotional/mental problems which contributed to job problems.
RETURN-TO-DUTY AND FOLLOW-UP CONTROLLED SUBSTANCE TESTING - conducted when an individual who has violated the prohibited alcohol or controlled substance conduct standards returns to performing safety sensitive-duties. Follow-up tests are unannounced and at least 6 tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty upon the EAP recommendation.
RETURN-TO-DUTY AGREEMENT - means a document agreed to and signed by the employer, employee and the Employee Assistance Professional that outlines the terms and conditions under which the employee may return to duty after having had a verified positive controlled substance test result.
SCREENING (INITIAL) TEST- means an immunoassay screen to eliminate negative urine specimens from further consideration.
SUPERVISOR - means a person in authority who has had one hour of training on the signs and symptoms of alcohol abuse and an additional hour of training on the signs and symptoms of controlled substance abuse.
VEHICLE - means a bus, pickup truck, van, automobile or vessel used for transportation.
WORKERS' COMPENSATION GUIDELINES - means the procedures for determining the eligibility for workers' compensation benefits as determined by Labor Code and resulting case law.
APPENDIX B1
CITY OF OROVILLE
EMPLOYEE FUNCTION AND/OR POSITION CLASSIFICATIONS
The CITY OF OROVILLE, as of this date has established a compelling need for the following job descriptions. The compelling need is based on clear and factual vocational assessments which strongly indicate inappropriate behavior by those employees serving in any one, or any combination of the listed jobs, may result in harm to people, the environment, public or personal property, or undesired loss of capital or goods.
Job Type: Compelling Need:
Drives on City Business and makes critical independent
Citv Administrator iudament decisions
Drives on City Business and makes critical independent
Chief of Police judgment decisions
Drives on City Business and makes critical independent
Fire Chief iudament decisions
Drives on City Business and makes critical independent
Community Services Director judgment decisions
Drives on City Business and makes critical independent
Director of Parks and Trees iudament decisions
Drives on City Business and makes critical independent
Director of Finance judgment decisions
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Business Assis./Housing Drives on City Business and makes critical independent Deve. Director iudament decisions
Job Tvpe: Compelling Need:
Drives on City Business and makes critical independent
Deputy Fire Chief iudament decisions
Drives on City Business and makes critical independent
Police Lieutenant judgment decisions
Project Manager/Sr. Civil Drives on City Business and makes critical independent Enaineer iudament decisions
Drives on City Business and makes critical independent
Planning Manaaer iudament decisions
Drives on City Business and makes critical independent
Building Official/Fire Marshall judgment decisions
Drives on City Business and makes critical independent
Battalion Chief iudament decisions
Drives on City Business and makes critical independent
Manaaement Analvst Ill judgment decisions
Drives on City Business and makes critical independent
Accountina Manaqer iudament decisions
Public Works & Parks Oper. Drives on City Business and makes critical independent Manager iudament decisions
Drives on City Business and makes critical independent
Human Resource Manaaer iudament decisions
Job Type: Compelling Need:
Assistant Civil Enaineer May Drive on City Business.
Traffic Sianal Technician/Electrician May Drive on City Business.
Building/Fire Inspector May Drive on City Business.
Housing Development & Building May Drive on City Business.
Maintenance Supervisor
Associate Planner May Drive on City Business.
Redevelopment Agency Coordinator May Drive on City Business.
Administrative/Proaram Analvst II May Drive on City Business.
GIS Specialist May Drive on City Business.
Engineering Assistant May Drive on City Business.
Code Enforcement Specialist May Drive on City Business.
Engineering Technician May Drive on City Business.
Program Analyst I May Drive on City Business.
Counter Technician May Drive on City Business.
Assistant Planner May Drive on City Business.
Cultural Facilities Curator May Drive on City Business.
Technical Director/Facilities Operator May Drive on City Business.
Accounting Technician May Drive on City Business.
Administrative Assistant May Drive on City Business.
Staff Assistant May Drive on City Business.
Office/Field Aid May Drive on City Business.
Cement Finisher May Drive on City Business.
I Job Type: I Compelling Need:
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Drives on City Business and makes critical independent
Police Sergeant judgment decisions
Drives on City Business and makes critical independent
Police Detective judgment decisions
Drives on City Business and makes critical independent
Police Officer judgment decisions
Drives on City Business and makes critical independent
Code Enforcement Specialist iudament decisions
Dispatcher Supervisor Makes critical independent judgment decisions Police Administrative Maintain a Drug-Free Workplace
Assistant
Dispatcher Makes critical independent judgment decisions Drives on City Business and makes critical independent
Communitv Services Officer judgment decisions
Police Records Technician Maintain a Drug-Free Workplace Job Type: Compelling Need:
Drives on City Business and makes critical independent
Fire Captain iudament decisions
Drives on City Business and makes critical independent
Fire Engineer judgment decisions
Drives on City Business and makes critical independent
Fire Fiahter judgment decisions
PROCEDURES for the CITY OF OROVILLE
A. PROCEDURES - REASONABLE SUSPICION TESTING
1. An employee who may possibly be under the influence of alcohol and/or controlled substances is observed by a supervisor.
2. Any employee may identify someone suspected of alcohol and/or controlled substance to any supervisor. Employees should realize, however, that it is against City policy to make false or malicious statements about other employees and doing so can result in disciplinary action being taken against the offending employee. However, the supervisor must witness firsthand the employee's signs and symptoms.
3. investigated. If possible, two supervisors determine (independently or together) that the employee in question may indeed be under the influence of alcohol and/or controlled substances.
4. When the supervisor(s) suspect and believe that the employee may be under the influence of alcohol and/or controlled substances, the employee is then immediately suspended from duty (with pay) and driven by City staff (or others designated) to the City specified collection site.
Because of a testing facility requirement, the employee in question must show proof of identification, such as a photo driver's license or state-issued photo identification card.
Whenever practical, an Administrator should be notified in advance of the employee being taken to the collection site.
5. At the collection site, the employee will be required to submit a urine sample to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
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6. The City will take precautions to prevent the employee being tested from going back to work and driving their own car home. Instead, the employee will be given assistance in obtaining a ride home from the collection site.
7. The employee whose controlled substance test results are verified negative will be reinstated.
The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee's condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or refusal to submit to return-to-duty and unannounced follow-up testing will result in the employee's termination.
B. PROCEDURES - RANDOM TESTING
1. The Compliance Company notifies the supervisor to send the employee to the collection site for controlled substance testing.
2. The supervisor notifies the employee to go to the collection site for alcohol and/or controlled substance testing immediately. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver's license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
4. The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee's condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or refusal to submit to return-to-duty and unannounced follow-up testing will result in the employee's termination.
C. PROCEDURES - POST ACCIDENT
1. The employee notifies a supervisor that an accident has occurred.
2. The supervisor determines that the circumstances of the accident warrant a post-accident test.
Thereafter, the supervisor directs the employee to immediately go to the collection site for controlled substance testing. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver's license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample for controlled substance testing to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
4. An Administrator will be notified that an accident has occurred and that the employee was instructed to go to the collection site.
5. The employee whose controlled substance test results are verified negative will be reinstated.
The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee's condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or 39[Page
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refusal to submit to return-to-duty and unannounced follow-up testing will result in the safety• sensitive employee's termination.
D. PROCEDURES -RETURN-TO-DUTY and FOLLOW-UP
1. The Compliance Company notifies the City to send the employee to the collection site for controlled substance testing.
2. The supervisor notifies the employee to immediately go to the collection site for controlled substance testing. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver's license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample for controlled substance testing to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample
4. The employee whose confirmation test result is verified positive will be terminated.
E. PROCEDURES - CHAIN OF CUSTODY-CONTROLLED SUBSTANCE SPECIMENS
1. At the time a specimen is collected, the employee will be given a copy of the specimen collection procedures.
2. Urine will be in a tamper-resistant urine specimen container which will remain in full view of the employee until sealed and initialed.
3. Immediately after the specimens are collected, the urine bottles will, in the presence of the employee be labeled and then initialed by the employee. If the sample must be collected at the site other than the controlled substance testing laboratory, the specimens will then be placed in the transportation container. The container will be sealed in the employee's presence and the employee will be asked to initial or sign the container. The container will be sent to the designated testing laboratory on that day or the earliest business day by the fastest available method.
4. A chain of custody form will be completed by the on-duty technician during the specimen collection process and attached to and mailed with the specimen.
F. PROCEDURES-SPECIMEN COLLECTION OF STRANGE AND/OR RECOGNIZABLE
SUBSTANCES
1. An employee is observed with a strange and/or unrecognizable substance.
2. The supervisor, in the presence of a witness, places the strange and/or unrecognizable substance into a clear plastic bag. The bag is sealed, labeled and signed by both the supervisor and a witness.
3. An incident report is made and signed by both the supervisor and a witness.
4. The plastic bag containing the specimen and a copy of the incident report is taken to the collection site for transportation to the laboratory for analysis. 40[Page
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Item 7.
EXHIBIT "C"
Code of Ethics
Responsibility
I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process.
I avoid actions that might cause the public to question my independent judgment.
I do not use my office or the resources of the city for personal or political gain.
I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens.
Fairness
I promote consistency, equity and non-discrimination in public agency decision-making.
I make decisions based on the merits of an issue, including research and facts.
I encourage diverse public engagement in our decision-making processes and support the public's right to know.
Respect
I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens.
Honesty
I am honest with all elected officials, staff, commission members, boards, the public and others.
I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not.
I take responsibility for my actions, even when it is uncomfortable to do so. 41[Page
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Item 7.
Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** City_Memorandum.pdf - 248 City_Memorandum.pdf
City_Memorandum.pdf
358
Item 7.
May 17, 2023 Page 1
“Oroville. California's best opportunity for a safe and diverse quality of life” City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2401 – FAX (530) 538-2426
www.cityoforoville.org
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
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Item 7.
Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville
***DRAFT*** 01272020 R8829 OCEA Agreem - pages
1-23.pdf - 249
01272020 R8829 OCEA Agreem - pages 1-23.pdf
01272020 R8829 OCEA Agreem - pages 1-23.pdf
360
Item 7.
CITY OF OROVILLE
RESOLUTION NO. 8829
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO. EXECUTE A AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND
THE OROVILLE CITY EMPLOYEES' ASSOCIATION
(Agreement No. 1432-15)
BE IT hereby resolved by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute an Amended and Restated Memorandum of Understanding between the City of Oroville and the Oroville City Employees' Association. A copy of the Amendment is attached hereto as Exhibit "A".
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on January 7, 2020, by the following vote:
AYES: Council Members Hatley, Pittman, Smith, Draper, Goodson, Thomson, NOES:
Reynolds
None
ABSTAl N: None
ABSENT: None
APPROVED AS TO FORM:
Scott E. Huber, City Attorney
ATTEST:
361
Item 7.
AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
Between the CITY
OF OROVILLE And
the
OROVILLE CITY EMPLOYEES' ASSOCIATION
(OCEA)
For the period between
JANUARY 7, 2020 THROUGH JANUARY 6, 2023
This Memorandum of Understanding, hereinafter referred to as the "Memorandum", has been approved by City Council Resolution No. 8829 adopted at its Regular Meeting of January 7, 2020.
1Page 362
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Section
TABLE OF CONTENTS
Page
1. Recognition of Oroville City Employees' Association {OCEA) 3
2. Scope of Representation 3
3. Maintenance of Benefits 3
4. Meeting Release Time 3
5. City Rights and Responsibilities 3
6. Layoff Policy 4
7. Boot Allowance 8
8. Call-Back Pay 8
9. Blood Bank Donation Time 9
10. Shift Differential 9
11. Compensation, Overtime, and Deferred Compensation 9
12. Public Employees' Retirement System {PERS) 11
13. Medical, Dental, Life, Vision, and Long-Term Disability Insurance 12
14. Recognition for Length of Service 13
15. Educational Incentive 14
16. Random Drug and Alcohol Testing 14
17. Vacation Policy 14
18. Holidays 15
19. Sick Leave 16
20. Personal Time Off 17
21. Bereavement Leave 17
22. Maternity Leave 17
23. Military Leave 17
24. Approved Leave of Absence without Pay 17
25. Jury Duty 18
26. Bulletin Boards 18
27. Payroll Deductions 18
28. Discipline 18
29. Grievance and Advisory Arbitration Procedures 20
30. Peaceful Performance 22
31. Savings Clause 22
32. Notice of Changes, Revisions and/or New Items 23
33. Code of Ethics 23
34. Term and Opening Clause 23
Attachment Exhibit "A" - Tier 1 and Tier 2 Salary Schedules 24 Attachment Exhibit "B" -- City of Oroville Drug-Free Workplace Certification and Substance Abuse Policy Statement 29
Attachment Exhibit "C" - Code of Ethics 41
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Section 1. RECOGNITION OF OROVILLE CITY EMPLOYEES' ASSOCIATION (OCEA)
The City formally recognizes the OCEA as the majority representative for all City employee CLASSIFICATIONS set forth in Exhibit "A" excluding confidential employees.
Section 2. SCOPE OF REPRESENTATION
The scope of representation of the meeting and conferring shall include those matters as set forth in the California Government Code Section 3504 et seq.
Section 3. MAINTENANCE OF BENEFITS
It is understood and agreed that there exists within the City, certain personnel rules, and regulations, policies, and benefits regarding members covered by this Memorandum. In the event of proposed changes to City Personnel Rules and Regulations, the OCEA shall be advised, for the purpose of enabling the City and the OCEA to meet and consult as soon as possible with respect to any proposed changes. The City shall not have the right to change City Personnel Rules and Regulations which contravene specific provisions of this Memorandum without prior meeting and conferring with the OCEA.
Section 4. MEETING RELEASE TIME
The City agrees to allow each OCEA member a total of four (4) hours of release time per calendar year to attend quarterly OCEA meetings. The above release time can only be used in one (1) hour blocks. Use of the release time must have the prior approval of the member's department head well in advance of the meeting. If, in the sole discretion of the member's department head that the use of the release time will disrupt City operations, release time will be denied. Such release time can only be used for attendance at the quarterly meetings and shall not rollover into the next calendar year if not used.
Section 5. CITY RIGHTS AND RESPONSIBILITIES
City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this memorandum, except as expressly limited by a specific provision of this memorandum. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by the City as enumerated herein, include, but are not limited to the following subject to the requirements of this memorandum and/or any provision of law whether it be statutory or judicial: To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of members needed; to hire, transfer, promote and maintain the discipline and efficiency of its members, to establish work standards, schedules of operation and reasonable work loads; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.
Nothing in this Section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.
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Item 7.
Section 6. LAYOFF POLICY
6.1 Purpose
6.2 6.1.1 The City may initiate a layoff due to lack of work, lack of funds, or change in the organization.
City of Oroville - OCEA Cooperative Efforts
6.2.1 When the City determines that layoffs are imminent, it shall provide written notification to OCEA. Further, in the spirit of cooperation, the City or the OCEA may request a meeting to jointly discuss alternatives to layoff, including, but not limited to, attrition or a reduction in work hours. Every effort shall be made to fill vacant position(s) that are determined to be a necessity in the City with qualified laid-off employee(s).
6.2.2 Notwithstanding the effort to work cooperatively, the City has the exclusive right to determine the methods, means, numbers and kinds of personnel by which services are to be provided. The City's decision to make a reduction in force and/or layoff an employee(s) is not subject to the duty to meet and confer. However, the parties will meet and confer regarding the impact of those determinations.
6.3 Definitions
For the purposes of this section:
6.3.1 Layoff - separation of employee(s) from the active work force due to lack of work, lack of funds or change in the organization.
6.3.2 Temporary Employee - an at-will non-benefited employee who is hired on a temporary basis and works less than 1,000 hours in a fiscal year.
6.3.3 Probationary Employee - any employee tentatively appointed to a position prior to becoming a permanent employee.
6.3.4 Fulltime Permanent Employee - benefited employees who successfully complete their probationary period and who regularly work a minimum of 32 or more hours per week.
6.3.5 Part-time Permanent Employee - benefited employees who successfully complete their probationary period and who regularly work less than 32 hours per week.
6.3.6 Displacement Rights (Bumping)- a permanent employee who has more seniority may remove another employee in a lower classification and take their place.
6.3. 7 Seniority -- The length of service of consecutive time served from an employee's date of hire with the City. Service seniority for unpaid military leave will be considered in the manner prescribed by State and Federal law. Continuous employment includes paid leaves of absences.
If a City temporary employee is subsequently appointed to a fulltime position with the City, the employee's seniority shall be calculated from the date of temporary appointment, as long as there has been no break in continuity of service. This does not include Temp Agency employment with the City (i.e., Express Personnel, etc.).
In a case where two (2) or more employees in the same class in the same department have the same seniority date, the date of their employment application to the City of Oroville will determine seniority (See Oroville Personnel Rule 7. Seniority). 4[Page
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Item 7.
6.3.8 Lateral Displacement -- An employee who has more seniority may remove another employee from within their same classification pursuant to 6.5.3.
6.3.9 Classification - a specific job title.
6.4 Order of Layoff_ &_Procedure
6.4.1 Whenever it is determined that a layoff must occur within a job classification, the order of layoff shall be:
1. temporary employee
2. probationary employee
3. part-time and fulltime permanent employee
6.4.2 In each type of employment, the employee(s} with the least overall city seniority in the affected job classification(s) shall be laid-off first.
6.4.3 In the event that two (2) or more employees in a job classification within a Department have the same seniority, then the employee with the least seniority with the City shall be laid• off. If there is no distinction between seniority of two (2) or more employees, the order of layoff will be determined by the date on their application for employment with the City.
6.5 Displacement Rights
6.5.1 An employee may displace any other employee in a lower classification within their Department, if they have more seniority and can meet the minimum qualifications. An employee may also displace another employee in any position in any Department that they held previously. This does not include working in an out-of-class position.
OCEA employees may only displace an employee within the OCEA bargaining unit.
Only Administrative Assistants and Staff Assistants may displace laterally into another Departm ent if they have accrued seniority. However, an employee who elects to displace laterally into another Department shall serve a three (3) month probationary period in the new Department. Monthly evaluations will be given to the employee. If two (2) of the three (3) month evaluations are unsatisfactory, the probationary period may be extended an additional three (3) months. If the employee does not pass their probationary period, the employee will be laid-off in accordance with this MOU.
6.5.2 Employees who are designated for layoff or displacement may elect, in lieu of layoff or displacement one of the following:
1. Displace laterally within the same classification (See 6.3.8).
2. Displace into a lower classification (See 6.3.6).
An employee who chooses to exercise their displacement rights must accept the salary, hours and working conditions of their new position. An employee will be allowed only one (1) displacement per layoff occurrence.
6.5.3. For the purposes of displacement, departments and positions are defined as follows:
Administration Department
Assistant City Clerk
Finance Department
Accountant
Accounting Technician
Business Assistance and Housing Department
Building Maintenance Technician II
Housing Develop./Building Maint. Supervisor
Office/Field Aide
Admin/Program Analyst II
Program Analyst I
Code and Construction Compliance Specialist
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Item 7.
Community Development Dept.
Associate Civil Engineer
Assistant Planner
Associate Planner
Building Inspector
Construction Inspector
Counter Technician
GIS Specialist/Eng. Tech
Office Coordinator
Clerical Staff
Administrative Assistant
Staff Assistant
Public Works and Parks & Trees Department
Cement Finisher
Cultural Facilities Coordinator
Equipment Mechanic
Lead Mechanic
Parks Maintenance Technician Ill
Parks Maintenance Technician II
Parks Maintenance Technician I
Lead Public Works Operator
Public Works Operator Ill
Public Works Operator II
Public Works Operator I
Signal Technician/Electrician
Collection System Operator I
Collection System Operator II
Lead Collection system Operator
Lead Tree Worker
6.5.4. An employee who exercises their displacement rights shall be paid in the new job classification at the same salary range step {i.e., Step D to Step D; Step F to Step F; etc.).
6.5.5 If an employee with permanent status chooses not to displace an employee in a lower job classification or laterally displace an employee, they shall be laid-off, and the City agrees not to challenge unemployment benefits.
6.5.6 An employee may request layoff in lieu of the opportunity to displace an employee by notifying the Personnel Department in writing within five (5) business days of the notice of layoff. If an employee requests layoff in lieu of displacement, they shall forfeit all recall rights except to a vacancy in the same classification from which the employee was laid-off. In this case, the employee shall be entitled to recall rights for a period of one (1) year from the effective date of the layoff.
6.5. 7 An employee who is in a promotional probationary status and is affected by a layoff or is displaced by an employee exercising their displacement rights shall be allowed to return to their former job classification where they held permanent status, and the employee will be allowed to invoke any of their displacement rights. If the job classification in which the employee previously held permanent status no longer exists, the employee will be allowed to invoke any of their displacement rights. If the employee has no displacement rights to invoke, they will be laid-off without any right of recall.
6.5.8 A new City employee who has not completed their probationary status has no layoff rights.
6.5.9. Future salary step adjustment opportunities shall be made in accordance with the OCEA Memorandum of Understanding and/or the City's Personnel Rules. Time served in the job classification since the most recent step increase prior to when the layoff/displacement occurred, shall count toward the interval required for consideration of salary step advancement.
6.6 Seniority List
6.6.1 At least five {5) business days prior to written notices of layoff, the City shall provide a current seniority list to affected employee(s) and the Association's Labor Representative for the OCEA bargaining unit. The seniority list shall show the employee names, classification, seniority date, and the process for reporting discrepancies. The seniority list shall be deemed correct unless an employee or the OCEA notifies the Personnel Department to the contrary, in writing, within five {5) business days of the receipt of the seniority list. 6[Page
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Item 7.
6.7 6.8
Notification of Layoff
6. 7 .1 The City will provide a written Notice of Layoff to all affected employee( s) within ten ( 10) business days in advance of the effective date of layoff. The written Notice of Layoff will include a list of all positions in which the employee may invoke any of their displacement rights. The written Notice of Layoff will be hand-delivered to the employee and the employee will sign for receipt of the Notice. The Association's Labor Representative will receive a copy of all written Notice of Layoff at the same time the affected employee(s) are notified.
6.7.2 Any employee who is on a paid or unpaid leave or not in attendance at their worksite shall be affected by the layoff in accordance with the provisions of this Section. With such written Notice of Layoff, the employee shall be informed of their rights to which they are entitled and the procedure to be followed, including a list of all positions in which the employee may invoke any of their displacement rights. The Notice of Layoff shall be mailed to the employee via U.S. certified/return receipt mail to the last known address filed with the Personnel Department. The Association's Labor Representative will receive a copy of all written Notices of Layoff at the same time the affected employee(s) are notified.
6.7.3 Laid-off/Displaced employees shall be paid accrued leaves in accordance with the OCEA Memorandum of Understanding, applicable City policies and rules, and applicable Laws.
Re-Employment Following Layoff/Displacement
6.8.1 Employee(s) shall be entitled to re-employment rights for a period of one (1) year from the effective date of layoff or displacement. To expedite re-employment, more than one (1) laid-off/displaced employee may be notified when an opening occurs. The laid-off/displaced employee(s) will be re-hired in inverse order of layoff. A laid-off/displaced employee shall be required to meet the qualifications of the classification to which they are recalled (i.e., license(s), certification(s), etc.).
6.8.2 When a vacancy occurs in a job classification, the laid-off or displaced employee(s) eligible to return to that job classification shall be recalled in the inverse order of layoff.
Employees with permanent status who were laid-off or displaced are eligible to return to the job classification in which permanent status was held but shall have no recall rights to any job classification in which probationary status was held at the time of layoff or displacement.
6.8.3 Laid-off/Displaced Employees: The effective date of layoff shall be the employee's last day working at the City. When a vacancy exists, and employees are to be re-employed, notice of the opening(s) shall be sent via U.S. certified/return receipt mail, to the last known address on file in the Personnel Department. It shall be incumbent upon the laid-off employee to advise the Personnel Department, in writing, of any change in address. The laid-off employee shall have five (5) business days, following the notification from the City, to notify the City, in writing, of their intent to return to work.
6.8.4 An employee who exercises their re-employment rights shall be paid the salary range step they received immediately prior to layoff/displacement. Future salary step adjustment opportunities shall be made in accordance with the OCEA Memorandum of Understanding and/or the City's Personnel Rules. Time served in the job classification since the most recent step increase prior to when the layoff/displacement occurred, shall count toward the interval required for consideration of salary step advancement.
6.8.5 Laid-off/Displaced employees who accept re-employment will earn sick leave and vacation at the same accrual amounts the employee received prior to being laid-off/displaced, and any sick leave balances will be restored.
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Item 7.
6.8.6 The laid-off employee shall have a reasonable period of time to return to work, not to exceed fifteen (15} business days. If the laid-off employee fails to respond to the notice of re• employment within five (5) business days or fails to report to work within the reasonable time period as set forth above, they will forfeit all re-employment rights.
6.8. 7 A laid-off/displaced employee shall lose their re-employment rights due to: 1} resignation; 2} retirement; 3} failure to return to work when recalled by the City; or 4} when the City has not recalled an employee to work for a period of one (1) year.
Section 7. BOOT ALLOWANCE
A Boot allowance of Two Hundred ($200.00} Dollars per year shall be provided to all employees as a requirement or necessity to perform their duties. This amount shall be paid in the month of October for the following classifications:
Public Works Operators I, II and Ill
Park Maintenance Technicians I, II and Ill
Lead Equipment Mechanic
Lead Public Works Operator
Lead Tree Worker
Collection System Operator I
Collection System Operator II
Lead Collection System Operator
Equipment Mechanic
Traffic Signal Tech/Electrician
Building Maintenance Technician II
Building Inspector
Construction Inspector
Code and Construction Compliance Specialist
Sr. Code Enforcement Specialist
Code Enforcement Specialist
Section 8. CALL-BACK PAY AND ON CALL PAY
8.1 Definition of Call-back: When an employee is not currently working their normal assigned work shift and is called back to work either prior to arriving or departing from the employee's worksite.
8.2 In the event of a call-back or return to duty, a member shall receive a minimum of two (2) hours of pay at the rate of one and one-half (1 %) times the regular rate of pay. If the time worked exceeds two (2) hours, then the member shall receive pay for the time worked at one and one-half (1 ½} times the regular rate of pay, calculated to the nearest ten (10} minutes.
OCEA members who are called back to work (as opposed to regularly scheduled overtime or continuation of a shift} shall not be required to take compensatory time off during the work week.
8.3 Time worked contiguous to and after a normally assigned work shift shall be treated as normal overtime.
8.4 The Department Head shall post a list for employees to signup on a voluntary basis for On-call Service. The list shall be posted no later than 72 hours before requested On-Call Service shift. On-Call Services shall be assigned based on skill and qualifications. In cases where more than one employee has the same skill and qualifications, employees with more seniority shall have the first opportunity to sign up for On-Call duty. In cases of an emergency or pending emergency, the Department Head may place one or more employees on On-Call 8[Page
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status. On-Call pay shall be distributed equally among qualified employees that voluntarily sign up for On-Call Service duty.
On-Call duty requires the employee so assigned to (1) be ready to respond immediately to calls, (2) be reachable by the City issued communication device, (3) be able to be at their workstation ready to begin addressing the On-Call issue within one half (1/2) hour.
Employees shall be compensated with on-call pay of $2.00 per hour (16 hours at $2.00 per hour) and $48/day for Saturday, Sunday and Holidays. However, once the employee is contacted by dispatch or the Department Head, their pay rate will be at 1 and ½ their normal hourly salary for a minimum of two hours in lieu of On-Call pay. Once the event is over, at the start of the next hour the employee shall return to the hourly On-Call pay rate.
Section 9. BLOOD BANK DONATION TIME
A member wishing to donate blood to the City Blood Bank Fund shall be released from work for the final hour of the workday for such purpose. The verification of such donation shall be returned to the department head for inclusion with the bi-weekly attendance report in order for the member to receive credit for time worked.
Section 10. SHIFT DIFFERENTIAL
10.1 Employees who are required to work a majority of their shift between the hours of 5 :00 p.m. and 7:00 a.m. shall be compensated an additional 5% for all hours worked during that shift.
10.2 Employees who are required to work on weekends (Saturday and Sunday) shall receive an additional 5% for all hours worked on those days.
Section 11. COMPENSATION, OVERTIME AND DEFERRED COMPENSATION
11.1 Effective October 2, 2018, Tier 1 and Tier 2 salary schedules will be implemented and are attached as Exhibit A. Employees hired before October 2, 2018 will be Tier 1 employees, with no change to the existing salary schedule and employees hired on or after October 2, 2018 will be Tier 2 employees. Tier 1 salary schedule will remain at 5% in between each step, A-H and Tier 2 salary schedule shall be 2.5% in between each step, A- 0.
11.2 Steps under the Tier 1 salary schedule shall be 6 months between Step A and B, 1 year in between B-E, 2 years in between Step E-F and F-G and 1 year to Step H. However, each department head has the discretion to accelerate time between Steps E-F and F-G to one (1) year for outstanding performance and upon written recommendation to, and approval by, the Personnel Officer.
Steps under the Tier 2 salary schedule will be 6 months between Step A and B and then 1 year in between B-O.
11.3 Additional Compensation
Upon ratification of this MOU, employees shall receive a 3% salary increase.
Effective July 1, 2020, employees shall receive a 3% salary increase.
Effective July 1, 2021, employees shall receive a 3% salary increase.
Effective July 1, 2022, employees shall receive a 3% salary increase.
11.4 Out of Class Pay
a. A member assigned to temporary duties of thirty (30) days or less in a higher job classification shall not receive the pay of the higher job classification. 9]Page
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b. A member who, within the fiscal year of July 1, through June 30, accrues more than thirty (30) days of temporary duties in a higher job classification, shall receive an additional five percent (5%), but not less than the bottom step, nor more than the top step of that higher job classification, commencing with the thirty-first (31°) day of such duties in a fiscal year. Such time shall not accrue from one fiscal year to the next. c. If it is known at the time of assignment that the member will be assigned to duties in a higher job classification for thirty-one (31) days or more, the member shall immediately receive an additional five percent (5%) above the member's normal pay, but not less than the bottom step, nor more than the top step of the higher classification.
11.5 Overtime
Members required to work in excess of forty (40) hours per week shall receive one and one-half (1 ½) times their regular rate of pay for all hours in excess of forty (40) hours. In computing the hours worked in any week, time off duty for compensatory time off and Holidays shall be calculated as time worked. Earned overtime shall be paid in the regular biweekly payroll; provided, however, that the member may elect to have the monetary value of the overtime assigned to an individual account of compensatory time off duty with a maximum accumulation of 120 hours. A member's decision to elect CTO instead of overtime pay is irrevocable. CTO shall be cashed out on the first paycheck in March and December of each year, or with the approval of the City Administrator in the case of an emergency.
11.6 Altered Schedules
At the discretion of the City and agreement with the OCEA, altered schedules of 4/10 or 5/8 may be implemented. If schedules are altered, then the use for vacation, sick leave, holidays, and comp time will coincide with the new schedule. For example, if a member works a 4/10 schedule and a holiday falls within the 4 days, employee would be paid for 10 hours. If the holiday falls on the regularly day off, the employee would flex that holiday to another workday.
11.7 Deferred Compensation
Effective the first payroll period in July 1989, the City shall offer regular full-time OCEA members the opportunity to participate in a Section 457 Deferred Compensation Plan with National Deferred, without a City contribution. Effective the first payroll period in July 2001, the City shall offer regular full-time OCEA members the opportunity to participate in a Section 457 Deferred Compensation Plan with the ICMA, without a City contribution.
11.8 License and Certificates
If a certificate or a license is required for a position, the City will reimburse employees for the cost of the certificate or license. In addition, if there is a renewal charge, the City will reimburse that as well.
11.9 The City will provide $750 annually, for the term of the MOU, (non PERSable funds) for each unit member to apply, at their discretion, to their 457 deferred compensation account or to their flexible spending account. Disbursements shall be made on the first pay period in July of years 2020, 2021, 2022.
11.10 Flex Positions -- The following OCEA classifications shall become flex positions. Meaning that once an employee meets all the education, certification, and qualification requirements for the next step in the classification series and if funding is available, they will automatically be promoted into the position and will be placed at Step A of the new salary range or at a step of 10[Page
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the new range which is approximately five percent (5%) higher than the employees previous base salary (whichever is higher); but in no case shall the employee be compensated above the top step of the new salary range. The following classifications will be flex positions:
Park Maintenance Tech I ) park Maintenance Tech Il
Public Works Operator I -)> public Works Operator II
Staff Assistant )> Administrative Assistant
Planning Assistant -) Associate Planner
Accounting Technician I -) Accounting Technician II
Collection System Operator[) Collection System Operator II
11.11 The City shall assume liability for notary duties performed by OCEA members in the scope of their City employment.
11.12 New Employee Orientation
This shall apply to new employees hired after the date of the Agreement who are appointed to a classification within this bargaining Unit for which the Union is recognized as the majority representative.
The City agrees to notify the union via email to the Labor Relations Representative, the time, date and location of the designated time to meet with the new employee(s) as soon as practically possible and/or will give 10 days' notice if the orientation meeting is known to be scheduled to take place 10 days in advance. The designee will receive up to 30 minutes release time, plus travel to and from the meeting, with the new employee.
The City will allow the Labor Relations Representative and/or his/her designee 30 minutes alone to meet with the new employee before or after the orientation meeting or another time that is mutually agreed upon.
The City agrees to provide, via electronic file, the following information for each new employee in the Unit:
Name, job title, department, work location, phone numbers for work, home and cell, if applicable, personal email and home address.
The City agrees to provide the union this same information for all bargaining unit employees on or about the 1of each quarter (January, April, July and October).
Section 12. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
12.1 The City agrees to continue providing OCEA "Classic Members" with the 2% at 55 formula and employees shall pay the 7% employee contribution. This payment shall be deducted in accordance with IRS code 414(h)(2), making all such payments pre-tax. In addition, "Classic Members" shall have their retirement benefit calculations based off their single highest year.
12.2 Effective January 1, 2013 and upon hire, all new members to the CalPERS Retirement System shall receive the 2% at 62 retirement formula and shall pay 50% of the normal benefit formula and contribution rate and shall have their retirement benefit calculations based off their three (3) highest years.
"New members" shall be defined as an individual who becomes a member of the California Public Employees Retirement System (CalPERS) for the first time or re-enroll on or after 11[Page
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January 1, 2013, and who was not an active member of another public retirement system prior to that date, and who is not subject to reciprocity with another public retirement system.
All members that do not fit into the definition of new members will be considered "Classic Members" of CalPERS.
12.3 The City agrees to maintain the 4" Level 1959 Survivor Benefit for all members.
Section 13. MEDICAL, DENTAL, LIFE, VISION, AND LONG-TERM DISABILITY INSURANCE
13.1 Medical Insurance
The City agrees to continue to provide insurance benefits for members and their dependents who are otherwise qualified and who desire coverage of medical, dental, life, vision, and long• term disability insurance.
The City agrees to contribute the following amounts towards employee and dependent medical insurance, effective May 19, 2015:
Tier 1
EE Only
Gold PPO
100%
HDHP-10%
100%
Silver PPO
100%
EE+ 1 $906.40 $879.92 $853.46
EE+ Family $1,075.50 $1041.10 $1,006.68
Tier2
Health Insurance for represented employees hired by the City on or after October 2, 2018 • City contributions for Tier 2 employees shall be limited to the Silver PPO medical plan for employee, spouse and/or children at the contribution levels below. Employee only, can elect a different plan but will pay the difference. There shall be no city contribution towards spouse and/or children on any other plan than the Silver PPO.
EE Only
EE+ 1
EE+ Family
Gold PPO HDHP-10%
Silver PPO Premium Rate for EE Only
$0 $0
$0 $0
Silver PPO
100%
$853.45
$1,006.68
If the current plans become unavailable within the above cost parameter, and a substitute plan or plans with comparable benefits and cost are not available, then the OCEA and the City may reopen this issue for negotiation during the term of this Memorandum, and the parties shall then meet and confer as soon as possible in order to mutually attempt to resolve the situation.
In addition to the above, the City shall pay for each member the cost of life, vision and long• term disability insurance.
13.2 Dental Insurance
In addition, the City contributes $66.40 per month towards dental insurance for the employee and their dependents.
13.3 Long-Term Disability
Effective December 1, 1989 the City shall have the carrier of the Long-Term Disability Policy amend its waiting period to 90 calendar days.
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13.4 State Disability Insurance (S.D.I.)
Effective on or after April 1, 1991, and pursuant to an Employee State Disability Insurance (S.D.1.) election, OCEA members may participate in the S.D.I. Program. a) Excluding Vacation from SDI required use of accrued leave.
Leaves of absence will require the full use of accrued sick leave, CTO and Safety Time before SDI may be taken. Vacation time will be excluded from required use.
13.5 Health Insurance Review Committee:
The City agrees to participate in a Joint Health Insurance Review Committee for the purposes of reviewing current insurance health benefits and Enhanced Retirement Benefits. The Human Resource Analyst and up to two (2) representatives from each City employee bargaining group may attend the meetings on behalf of the City of Oroville. The purpose of the Committee is ongoing review of health, dental and vision plans and making recommendations to the City Council, City Administrator and the OCEA members regarding benefit levels, services, methods of cost containment, alternative plans and the like. Committee members shall establish guidelines for conducting meetings, frequency of meetings and the Committee work program. Employee representatives shall not be charged vacation or other leave time if such meetings are held during the member's normal work hours, nor shall such members receive overtime or call-back pay for service on the Committee. The Committee shall have access to such non-confidential information as necessary to carry out its purpose.
The Committee will also study PERS, PARS, or Longevity steps for the purposes of enhancing the retirement benefit.
13.6 Approval of Future Plan Changes
a) When the City or OCEA members agree that future changes in the health and dental insurance plan benefits or structure are needed, they shall be approved by a majority of the employees of the City of Oroville who are covered by the plan and who vote on such changes.
b) The Health Insurance Review Committee established in Section 12.4 shall review and recommend to the Oroville City Council those proposed changes in the plan benefits and structure to be voted upon by the members pursuant to Subsection 12.5 (a). The proposed changes reviewed by the Committee may be initiated by the Committee, by City bargaining units, or by the City, by and through the City Administrator. After review and acceptance of Committee recommendations by the City Council, the City Clerk shall, within fifteen (15) calendar days, conduct a secret ballot election of covered members. The City Clerk shall then report the results of the election to the Committee and the City Council. Notwithstanding the provisions hereof, if the Committee declines to recommend the City proposal to be submitted to a vote of the covered members, the City bargaining units agree to meet and confer with the City, upon the City's request, concerning any such proposal. If, after a reasonable period of negotiations, including implementation of established impasse procedures, an agreement has not been reached on the City's proposal, the City may submit the proposal to a vote of all covered members, in which case the results of the election shall be final.
Section 14. RECOGNITION FOR LENGTH OF SERVICE
In recognition for many years of continuous service as a City of Oroville employee, effective July 1, 2007, the City shall make an annual award to each qualifying employee in the amounts shown below:
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Length of Continuous Service
15 years through 19 years
20 years through 24 years
25 years through 29 years
30 years or more
Annual Award
$150.00 per year
$300.00 per year
$500.00 per year
$600.00 per year
The City Council shall decide on the timing and manner for the award presentations.
Tier 2 employees hired on or after October 2, 2018, will not be eligible for Length of Service Awards.
Section 15. EDUCATIONAL INCENTIVE
15.1 Educational Incentive
All employees shall be eligible upon receipt of pertinent documentation for education incentive pay as follows:
B.A. or B.S. degree $250.00/Mo., unless a B.A. or B.S. degree is one of the qualifying characteristics of the job classification.
A.A. or AS. Degree $125.00/Mo., unless an A.A. or A.S. degree is one of the qualifying characteristics of the job classification.
Employees that obtain 60 units after 07/01/2011 shall be eligible to receive $125.00/mo.
Employees that obtained 60 or less units before 07/01/11 must obtain an A.A. or A.S. degree to be qualified for educational incentives.
Section 16. RANDOM DRUG AND ALCOHOL TESTING
OCEA members agree to the City of Oroville's Substance Abuse Policy and procedures for random drug/alcohol testing, administered by DATCO, as outlined in Exhibit "B". The City may utilize any or all of the following non-regulated testing options: Pre-Employment Drug/Alcohol, random drug/alcohol, reasonable suspicion drug/alcohol; follow-up drug/alcohol; Post-Accident drug/alcohol; return to duty drug/alcohol; and breath alcohol testing.
Section 17. VACATION POLICY
17.1 Every member who, on the most recent anniversary date of employment shall have been in the service of the City for a period of one ( 1) year or more shall be entitled to a vacation as follows:
Two (2) weeks (ten (10) working days) with pay if the member shall have been in service of the City for a period of one (1) year but less than five (5) years prior to such anniversary date.
Three (3) weeks (fifteen (15) working days) with pay if the member shall have been in the service of the City for a period of five (5) years but less than twelve (12) years prior to such anniversary date.
Upon completion of twelve (12) years of service with the City, the member shall be entitled to one (1) additional day of vacation with pay, and on each anniversary date of service thereafter to a maximum vacation benefit with pay of four (4) weeks (twenty (20) working days).
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17.2 Unused Vacation
Unused vacation benefits may be accumulated from prior anniversary years; provided, however, the member shall cease to earn benefits that exceed two (2) times the individual member's annual earned vacation. Included in the calculation of the accrual ceiling are the vacation days earned as sick leave incentive as herein provided.
A member who has properly attempted to schedule vacation to avoid forfeiture that may be imposed by the accrual ceiling may petition the department head and City Administrator to carry over vacation in excess of the ceiling, but in no case shall the excess be subject to pay-off. The department head has the prerogative to assign the member time off for excess accrual.
17.3 For the purpose of this Section 17, VACATION POLICY, years of service shall mean years of unbroken seniority with the City which shall in no event be calculated from a date prior to the time the member actually commenced working for the City.
17.4 A member who on the most recent anniversary date has qualified for a vacation but whose employment is terminated prior to taking such vacation shall be entitled to pay in lieu thereof. The City shall not pay an amount in excess of the ceiling set forth in Section 17, VACATION POLICY, except as provided in Subsection 17.2.
17.5 A member who during an anniversary year is on leave of absence without pay for a period exceeding thirty (30) consecutive days shall fail to qualify for full vacation benefits but shall be entitled to prorated vacation benefits. A member whose employment is terminated prior to the completion of the anniversary year shall be entitled to prorated vacation. Vacation shall be prorated by dividing the straight time hours actually worked by 173.3, and then multiplying that factor by 1/12th the vacation the member would have earned had the anniversary year been fully worked.
17.6 Conversion of Excess Vacation Carryover Hours to Sick Leave Whenever an employee's accumulation of vacation hours exceeds the maximum vacation carryover allowance due to furloughs or denial of time off requests by their supervisor or department head, the excess number of vacation hours may be converted to sick leave hours and credited to the employee's sick leave accumulation balance at the end of the fiscal year. This shall be done at the employee's written request and with notification to the City Administrator or his/her designee.
Section 18. HOLIDAYS - This section will remain the same unless all bargaining units agree to eliminate Lincoln's Birthday to receive New Year's Eve.
18.1 The following holidays shall be observed by the City:
(1) New Year's Day
(2) Martin Luther King Day
(3) Lincoln's Birthday
(4) President's Day
(5) Memorial Day
(6) Independence Day
(7) Labor Day
(8) Veteran's Day
(9) Thanksgiving Day
(10) The Day after Thanksgiving Day
(11) Last Day before Christmas Day
(12) Christmas Day
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When a designated holiday falls on a Sunday, the following Monday will be observed as the paid holiday in lieu thereof. If the designated holiday falls on a Saturday, the preceding Friday will be observed as the paid holiday in lieu thereof.
18.2 Members shall be credited for each holiday by eight (8) hours of straight time pay.
Section 19. SICK LEAVE
19.1 Sick leave is a privilege which can only be allowed in case of actual sickness or injury by a member or an individual of their immediate family which compels a member to be absent from work. To qualify for sick leave, a member must notify his/her supervisor prior to the time set for beginning daily duties, in accordance with personnel procedures established by the City.
19.2 A member may be allowed a leave of absence from duty without loss of salary on account of sickness or injury. Sick leave with pay is earned at the rate of one (1) workday for each month of service beginning the first of the calendar month following regular probationary employment.
19.3 A member returning to duty after an absence of more than two (2) consecutive work days without loss of salary on account of sickness or injury shall provide his/her immediate supervisor, for filing in the member's personnel file, a doctor's certificate or personal affidavit verifying the employee was ill or injured.
19.4 A member whose condition is deemed to be permanent and stationary for either on/off duty injuries may, at the discretion of the City, be returned to work on a light or limited duty station for purposes of vocational and medical rehabilitation. Such action shall only be taken upon the recommendation of a physician, chosen and compensated by the City, and shall be for a fixed time. In the absence of clear and convincing evidence to the contrary, should the injury be job related and rehabilitation period fail and the member return to an industrial leave status, the initial trauma shall be considered in assessing the leave period. This section shall be implemented by an individual agreement between the City and the member and be signed off by the City's physician.
19.5 Sick leave shall not be granted to any member who is absent from duty due to illness or injury incurred while working for other than the City of Oroville.
19.6 Members shall accumulate unused sick leave without limitation as to a maximum number of days.
19. 7 Subject to the same requirements of advance notice and approval, a unit member may be granted a maximum of three (3) days leave of absence in any calendar year without loss of pay in cases of personal necessity. Such leaves shall be deducted from the member's accumulated sick leave. Personal necessity includes but is not limited to an accident involving the member's person or property; appearance in court as a litigant or witness under official order. This leave specifically does not include any recreational use or any use related to present or prospective employment.
19.8 As of October 2, 2018, and upon retirement, Tier 1 employees with 5 or more years of service shall be able to convert 100% of his/her accumulated unused sick leave to purchase medical insurance, calculated by the hourly rate of pay, at the time of retirement, by the number of unused sick leave hours pr members may convert accumulated unused sick leave for PERS service credit.
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As of October 2, 2018, and upon retirement, Tier 1 employees with less than 5 years of service shall be able to convert up to a maximum of 240 hours of his/her accumulated unused sick leave to purchase medical insurance, calculated by the hourly rate of pay, at the time of retirement, by the number of unused sick leave pr members may convert accumulated unused sick leave for PERS service credit.
As of October 2, 2018, any member hired on or after this date shall be a Tier 2 employee and shall not be able to convert any of his/her accumulated unused sick leave to purchase medical insurance. However, members hired on or after this date shall be able to convert accumulated unused sick leave for PERS service credit.
19.9 A member shall not be required to use any sick leave for any medical and/or dental appointment(s) but may use accumulated vacation time or compensating time off in lieu thereof.
19.10 Notwithstanding anything to the contrary set forth above in this section, the City agrees to amend its contract with PERS to allow sick leave conversion for PERS Retirement Credit. The members have the option of selecting the provisions set forth above in this section or may convert their unused sick leave for service credit upon retirement.
19.11 Except as provided in Subsections 19.10 and 19.12, a member shall not receive any cash payment from the City for unused sick leave upon voluntary or involuntary termination from employment.
Section 20. PERSONAL TIME OFF
Effective 07/01/2011 and on each July first during the term of this contract, all represented employees shall be credited with 24 hours of Personal Time Off (PTO). OCEA member may take PTO to coincide with the holiday season, November 1through January 15 or other requested time which is approved by their department head. Additionally, OCEA members may be required by their department head to take PTO to coincide with the holiday season. PTO days must be used within the fiscal year they are credited, or the time will be lost.
Section 21. BEREAVEMENT LEAVE
Employees who have completed six (6) months of service are entitled to receive up to five (5) days bereavement leave which shall not be charged to the employee's sick leave, when compelled to be absent from duty by reason of death, or where death appears imminent of an immediate family member, as determined by the attending physician. An employee desiring such leave shall notify, in writing, the department head of the time of absence expected and the date of return to City service.
Immediate family includes: spouse, natural, step or legal child or parent, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law or sister-in-law.
Section 22. MATERNITY LEAVE
Maternity leave shall be in accordance with applicable State and/or Federal law pursuant to California Government Code 19991.6 as currently in effect and/or amended.
Section 23. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State law. All members entitled to military leave shall give the City Administrator an opportunity within the limits of military regulations, to determine when such leave shall be taken.
Section 24. APPROVED LEAVE OF ABSENCE WITHOUT PAY
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The City Administrator at his/her unrestricted discretion, may grant a regular or probationary member leave of absence without pay or seniority for not to exceed three (3) months. After three (3) months, the leave of absence may be extended up to twelve (12) months by the City Administrator. Longer leaves of absence shall be approved by the City Council. No such leave shall be granted except upon written request and approval in writing. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the member shall be reinstated in the position held at the time leave was granted. Failure on the part of a member on leave to report promptly at its expiration shall be deemed to be a resignation and said member shall be notified of such resignation in writing.
If the approved leave of absence is for more than thirty (30) days, the member:
a) Shall not accrue seniority or employee benefits of any kind. b) Shall be responsible for the full payment of the monthly cost of any premiums for health, life or long-term disability insurance plans if the member desires to retain the coverage afforded by such plans.
Section 25. JURY DUTY
A member who is called or required to serve as a trial juror, 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 while necessarily being present in court as a result of such call. No deduction shall be made from the salary of a member while being interviewed for or while serving on jury duty. Jury fees collected shall be turned over to the Finance Department to help defray member's costs while on jury duty.
Section 26. BULLETIN BOARDS
A reasonable amount of space shall be provided on the bulletin board in the member's lounge, upon which the OCEA may post notices of meetings, elections, appointments, results of elections, recreational and social affairs, classes, seminars, and other matters pertaining to members and OCEA affairs.
Section 27. PAYROLL DEDUCTIONS
27.1 OCEA Dues
It is agreed that the City, during the terms of this Memorandum, shall deduct from each member's paycheck OCEA dues. The authorized OCEA dues amount will be remitted in one (1) check to the OCEA. The OCEA shall indemnify and hold the City harmless against any and all claims against the City as a result of implementation of this section.
Section 28. DISCIPLINE
28.1 Discipline
The City may discharge or suspend from employment any member who has completed the specified probationary period for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to:
A. Misstatement of facts during the hiring process;
B. Falsification of any entry on a City document (e.g., timecard, expense report); C. Disclosure of confidential information;
D. Insubordination or willful disobedience;
E. Incompetence, inefficiency, or unsatisfactory job performance; F. Discriminatory, discourteous or unbecoming behavior; 18[Page
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G. Theft, misuse, or unauthorized use or possession of City property; H. Dishonesty;
I. Misconduct (e.g. any behavior that brings harm or discredit to the City; J. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business.
K. Conviction of a felony or misdemeanor that involves moral turpitude, or any other convictions of or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects or brings discredit to the City; L. Excessive absence or tardiness;
M. Absence without approved leave;
N. Violation of City rule, policy, or procedure; (e.g. violence in the workplace policy, unlawful harassment, etc.)
0. Soliciting outside work from personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's city work performance; and engaging in unauthorized outside employment; P. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position.
In the event a member feels the discharge or suspension is not for cause, the OCEA shall have the right to appeal the case through the grievance procedure.
Probationary members may be discharged for any reason, which in the sole discretion of the City is just and sufficient and such discharge shall not be subject to appeal.
28.2 Removal of Disciplinary Documents and Submission of Written Rebuttals a) The parties agree that Letter of Instructions, Counseling Memorandums and/or Letter of Reprimands are the first steps of progressive discipline. b) Letter of Instructions, Counseling Memorandums and/or Letter of Reprimands, and any and all related documents/materials, at the written request of the employee, will be removed from any and all of the employees personnel file(s) after four (4) years have elapsed. In any event, all adverse materials will be considered null and void after such four (4) year period with the following exceptions:
1. If further disciplinary action concerning any misconduct occurs within four (4) years from the initial disciplinary action, then there will be no requirement to remove the adverse material. If there is no further disciplinary action concerning any misconduct within four (4) years from the last occurrence, at the written request of the employee, all adverse materials including all related documents, and materials, will be removed from the employees file and considered null and void.
2. This provision does not apply to disciplinary suspension, demotion, termination, workplace violence or sexual harassment, if an employee has been found to be in violation of these items.
c) An employee has the right to provide a written rebuttal to any of the above within thirty (30) days of receipt of the documentation which will be attached to the original document and placed in the employees official personnel file(s) in the Personnel Department.
28.3 Presumption of Delivery
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Any written notice shall be conclusively presumed delivered to the member on the date the written notice is personally served on the member. In the event that any notice is sent to a member by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the member on the date the receipt was signed. In the event the certified mail is refused, or in the event the member is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as of the date the postal service returned the certified mail to the return address.
28.4 Departmental Action Prior to Imposition of Discipline Except in cases of emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against members with permanent status, the department head or person authorized by him/her shall give the member written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, and the right to respond either orally or in writing, or both, to a neutral department head agreed to by the City Administrator and the OCEA who shall serve as the Skelly Officer. The department head who shall be designated the Skelly Officer shall be determined on a rotating basis. The department head of the department in which the member works will be ineligible to hear the Skelly appeal.
28.5 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a member, the member shall be notified in writing. Such notification shall include but is not limited to:
a) A statement of the disciplinary action taken against the member. b) A summary of the facts upon which the disciplinary action is based. c) A statement advising the member that written notice of the disciplinary action is to be placed in the member's official personnel file and that the member shall have the right to appeal under the grievance procedure as set forth in this Memorandum.
The written notice of disciplinary action may be either personally served or mailed to the member by certified mail, return receipt requested, addressed to the last address which the member has furnished the City.
28.6 Appeals of Discipline for Permanent Members
A member may appeal a disciplinary action by filing a grievance at Step 3 of the grievance procedure within ten (10) days of receiving the notice of disciplinary action.
Section 29. GRIEVANCE AND ADVISORY ARBITRATION PROCEDURES
29.1 A grievance shall be defined as a dispute concerning the application of the City of Oroville Personnel Rules and Regulations: Rule 5, Section 5.5; Rule 11; and Rule 14, or a matter involving the interpretation of the alleged violation of any provisions of this Memorandum, other than appeals subject to the foregoing Section 27.6.
29.2 There shall be an earnest effort on the part of both parties to settle the grievance promptly through the steps listed below. Working days are considered to be Monday through Friday excluding City holidays.
Step 1:A member's grievance must be submitted to the immediate supervisor within fifteen (15) calendar days from the date the grievance is first known, or the 20[Page
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grievance is waived. The immediate supervisor should give an answer to the member by the end of the fifth (5th) calendar day following the presentation of the grievance. If the answer does not resolve the grievance or if an answer is not given, the member may proceed to Step 2.
Step 2: If the grievance is not resolved in Step 1, the OCEA Representative may, within five (5) calendar days after the written reply of Step 1, request a meeting with the department head or his/her designee. Such meeting shall be held at a mutually agreeable time to review, discuss and attempt to resolve the grievance.
Such meeting will take place within ten (10) calendar days after the date of the written reply of Step 1.
Step 3: If the grievance is not resolved in Step 2, the OCEA Representative may, within five (5) calendar days after the Step 2 meeting, request a meeting with the City Administrator. Such meeting will be held at a mutually agreeable time to review, discuss and attempt to resolve the grievance. Such meeting will take place within ten (10) calendar days from the date of the Step 2 meeting.
Step 4:(a)lf the grievance is not resolved in Step 3, Step 4 shall be referral by either the City or OCEA to advisory arbitration. Step 4 shall be taken within twenty (20) calendar days after the date of the written reply of Step 3. (b) Upon receipt of request by the OCEA to submit a grievance to advisory arbitration, the City will set a day acceptable to both parties. The City and OCEA will choose from the State of California Mediation and Conciliation Service (SCM&CS) an arbitrator to become the individual to hear all cases involving the parties. The City and OCEA agree to act expeditiously in the selection of an arbitrator. If the OCEA and the City fail to reach mutual agreement on the selection of the arbitrator, each party shall, at a meeting of its representatives, alternately strike a name from the list of arbitrators provided by the SCM&CS. The first party to strike a name shall be determined by lot. The costs of advisory arbitration shall be borne equally by the City and the OCEA.
The City and the Association shall pay the compensation and expenses for their respective witnesses. At the OCEA's request, the City shall release members from duty to participate in arbitration proceedings.
(c) The arbitrator shall hold such hearings and shall consider such evidence as the arbitrator deems necessary and proper. The first hearing shall be held as soon as is practicable for all parties involved. The arbitrator shall submit his/her findings and recommendations in writing to the City, the OCEA and the grievant.
(d) City Council Review-The City Council may approve, modify or reverse the finding of the arbitrator , provided that such decision does not in any way add to, disregard, or modify any of the provisions of this Memorandum. Prior to modification or reversal of the arbitrator's findings and/or recommendations the grievant and/or his/her representative shall be allowed to be heard by the City Council and a modification or reversal is only done by a super majority vote of the City Council. Any decision rendered by the City Council shall be made within twenty-eight (28) calendar days of the receipt of request, unless extended by the City Council, but in no event more than 45 calendar days. (e) Failure by either the City or the OCEA to meet any of the aforementioned time limits as set forth in Subsections 28.2(1 ), 28.2(2), 28.2(3), 28.2(4a), or
28.2(4b) will result in forfeiture by the failing party; except however, that the 21[Page
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aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum, nor shall such settlements be cited by either the City or the OCEA as evidence in the settlement of subsequent grievances. (f) Notwithstanding the aforementioned procedure, any individual member shall have the right to present grievances to the City and to have such grievances adjusted without the intervention of the OCEA, and be given the same opportunity to have the arbitrator hear and rule on grievances as prescribed in 4(b) and 4(c) provided that the adjustment shall not be inconsistent with the Memorandum and further provided that the OCEA's President shall be given an opportunity to be present at such adjustment.
29.3 Time limits as set forth above may be extended by mutual agreement between the City, the member or the OCEA, but neither the City, nor the OCEA member shall be required to agree except in the case of the temporary absence of the City Administrator. In such case, the time limits will commence with the first day of the return to work of the City Administrator. All meetings will be conducted in Oroville.
29.4 If the member or the OCEA does not submit the grievance to the next step or meet within the time limits specified, then the grievance will be considered automatically withdrawn. If, after Step 1, management does not reply in a timely manner or meet within the time limits specified, then the grievance may be processed by the member to the next higher level if so requested by the member or the OCEA.
Section 30. PEACEFUL PERFORMANCE
The parties to this Memorandum recognize and acknowledge that the services performed by the members covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of this jurisdiction. OCEA agrees that under no circumstances during the term of this Agreement will the OCEA recommend, encourage, cause or permit its members to initiate, recognize, participate in, nor will any member take part in any strike, sit-down, stay-in, sick-out, slow-down, or picketing related to labor relations matters (hereinafter collectively referred to as work stoppages), in any office or department of this City, not to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said stoppage has ceased.
Section 31. SAVINGS CLAUSE
It is understood that this Memorandum is subject to all applicable Federal and State Laws, City Ordinances and Regulations of the City Charter. Where there is a conflict between the City Charter, City Code and/or this Memorandum of Understanding, the City Charter shall control over the City Code and/or the Memorandum of Understanding, and the City Code shall control over the Memorandum of Understanding. If any part or provision of this Memorandum is in conflict or inconsistent with the above-entitled laws or regulations, or otherwise held to be invalid by a court of competent jurisdiction, such invalidation of such portion of the Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. In the event any portion of this Memorandum is in conflict with any non-negotiated policy, procedure, manual or directive, the provisions of this memorandum shall prevail.
The above section shall only apply to Laws, Ordinances, Regulations and Charter that are in place at the time of the ratification of this Memorandum. No new statues shall impair an existing contract, unless otherwise required.
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Section 32. NOTICE OF CHANGES, REVISIONS AND/OR NEW ITEMS The City will provide the OCEA with ten (10) working days written notice of any changes, revisions or new items which effects any ordinance, rule, regulation, policy, procedure, or resolution directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet and confer with the City prior to adoption.
Section 33. CODE OF ETHICS
Association members shall abide by the Code of Ethics attached hereto as Exhibit C.
Section 34. TERM AND OPENING CLAUSE
This Memorandum of Understanding shall commence upon ratification and adoption and shall continue in full force and effect until 01/06/2023. This agreement shall remain in full force and effect until a new Agreement is signed by the parties herein.
With Respect to negotiable wages, hours and working conditions not covered by this Agreement, the City of Oroville agrees to make no changes without prior agreement with the Association.
This Memorandum recommended to the City Council of the City of Oroville on January 7, 2020.
Stephen Chioini, OCEA President
Attested:
Sharen Lindberg, seer s%cotacer. oions
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Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Reasonable Suspicion Procedures.pdf - 250 Reasonable Suspicion Procedures.pdf
Reasonable Suspicion Procedures.pdf
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1 PROCEDURES for CITY OF OROVILLE
A. PROCEDURES - REASONABLE SUSPICION TESTING
1. An employee who may possibly be under the influence of alcohol and/or controlled substances is observed by a supervisor.
Any employee may identify someone suspected of alcohol and/or controlled substance to any supervisor. Employees should realize, however, that it is against City policy to make false or malicious statements about other employees and doing so can result in disciplinary action being taken against the offending employee.
However, the supervisor must witness first hand the employee's signs and symptoms.
2. The supervisor is then obligated to insure that the matter is immediately investigated. If possible, two supervisors determine (independently or together) that the employee in question may indeed be under the influence of alcohol and/or controlled substances.
3. When the supervisor(s) suspect and believe that the employee may be under the influence of alcohol and/or controlled substances, the employee is then immediately suspended from duty (with pay) and driven by City staff (or others designated) to the City specified collection site. Because of a testing facility requirement, the employee in question must show proof of identification, such as a photo driver’s license or state-issued photo identification card.
Whenever practical, an Administrator should be notified in advance of the employee being taken to the collection site.
4. At the collection site, the employee will be required to submit a urine sample to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
5. The City will take precautions to prevent the employee being tested from going back to work and driving their own car home. Instead, the employee will be given assistance in obtaining a ride home from the collection site.
6. The employee whose controlled substance test results are verified negative will be reinstated. The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee's condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or refusal to submit to return-to-duty and unannounced follow-up testing will result in the employee's termination.
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2 B. PROCEDURES - RANDOM TESTING
1. The Compliance Company notifies the supervisor to send the employee to the collection site for controlled substance testing.
2. The supervisor notifies the employee to go to the collection site for alcohol and/or controlled substance testing immediately. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver’s license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
4. The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee's condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or refusal to submit to return-to-duty and unannounced follow-up testing will result in the employee's termination.
C. PROCEDURES - POST ACCIDENT
1. The employee notifies a supervisor that an accident has occurred.
2. The supervisor determines that the circumstances of the accident warrant a postaccident test. Thereafter, the supervisor directs the employee to immediately go to the collection site for controlled substance testing. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver’s license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample for controlled substance testing to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample.
4. An Administrator will be notified that an accident has occurred and that the employee was instructed to go to the collection site.
5. The employee whose controlled substance test results are verified negative will be reinstated. The employee whose controlled substance test is verified positive by the Medical Review Officer will be referred to a City specified outside Employee Assistance Professional who will assess the employee’s condition and make a recommendation for treatment which, if accepted by the City, must be followed by the employee. Failure to follow the accepted recommendations or refusal to submit to 387
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3 return-to-duty and unannounced follow-up testing will result in the safety-sensitive employee's termination.
D. PROCEDURES -RETURN-TO-DUTY and FOLLOW-UP
1. The Compliance Company notifies the City to send the employee to the collection site for controlled substance testing.
2. The supervisor notifies the employee to immediately go to the collection site for controlled substance testing. Because of a testing facility requirement, the employee in question must have proof of identification, such as a photo driver’s license or state-issued photo identification card.
3. At the collection site, the employee will be required to submit a urine sample for controlled substance testing to the on-duty technician. Care will be taken to provide the employee with maximum privacy without compromising the integrity of the sample
4. The employee whose confirmation test result is verified positive will be terminated.
E. PROCEDURES - CHAIN OF CUSTODY-CONTROLLED SUBSTANCE
SPECIMENS
1. At the time a specimen is collected, the employee will be given a copy of the specimen collection procedures.
2. Urine will be in a tamper-resistant urine specimen container which will remain in full view of the employee until sealed and initialed.
3. Immediately after the specimens are collected, the urine bottles will, in the presence of the employee, be labeled and then initialed by the employee. If the sample must be collected at the site other than the controlled substance testing laboratory, the specimens will then be placed in the transportation container. The container will be sealed in the employee's presence and the employee will be asked to initial or sign the container. The container will be sent to the designated testing laboratory on that day or the earliest business day by the fastest available method.
4. A chain of custody form will be completed by the on-duty technician during the specimen collection process and attached to and mailed with the specimen.
F. PROCEDURES-SPECIMEN COLLECTION OF STRANGE AND/OR
UNRECOGNIZABLE SUBSTANCES
1. An employee is observed with a strange and/or unrecognizable substance. 388
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4 2. The supervisor, in the presence of a witness, places the strange and/or unrecognizable substance into a clear plastic bag. The bag is sealed, labeled and signed by both the supervisor and a witness.
3. An incident report is made and signed by both the supervisor and a witness.
4. The plastic bag containing the specimen and a copy of the incident report is taken to the collection site for transportation to the laboratory for analysis. 389
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Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** 052120 R8864 OMCA MOU June (1).pdf - 251 052120 R8864 OMCA MOU June (1).pdf
052120 R8864 OMCA MOU June (1).pdf
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CITY OF OROVILLE
RESOLUTION NO. 8864
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE
MID-MANAGER AND CONFIDENTIAL ASSOCIATION
(Agreement No. 3083-7)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute an Amendment to the Memorandum of Understanding between the City of Oroville and the Oroville Mid-Manager and Confidential Association. A copy is attached hereto as Exhibit "A".
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a special meeting held on May 21, 2020, by the following vote:
AYES: Hatley, Smith, Goodson, Draper, Pittman, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
Chuck R s, Mayor
APPROVED AS TO FORM:
Scott E. Huber, City Attorney
ATTEST:
Bill LaGrone, City Cl
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF OROVILLE
AND THE
OROVILLE MID-MANAGER AND CONFIDENTIAL
ASSOCIATION (OMCA)
for the
PERIOD BETWEEN JULY 1, 2020 to JUNE 30, 2021
This Memorandum of Understanding, hereinafter referred to as the "Memorandum", has been approved by City Council Resolution No. 8864 adopted at a Special Meeting on May 21, 2020; all changes to the terms and conditions of employment for employees in this OMCA represented bargaining unit included in this MOU shall become effective on the date of Council approval of this Resolution, unless another effective date is specified in the MOU.
A-3083-7 392
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TABLE OF CONTENTS
Section Title Page
1 RECOGNITION OF ASSOCIATION 3
2 SCOPE OF REPRESENTATION 3
3 MAINTENANCE OF BENEFITS 3
4 CITY RIGHTS AND RESPONSIBILITIES 3
5 SENIORITY 4
6 PAY FOR WORK IN A HIGHER JOB CLASSIFICATION 4
7 COMPENSATION AND RETIREMENT 5
8 MEDICAL, DENTAL, LIFE, VISION, AND LONG-TERM DISABILITY 9 9 PROFESSIONAL AND EDUCATIONAL INCENTIVES 11
10 RECOGNITION FOR LENGTH OF SERVICE 12
11 VACATION POLICY 13
12 ADMINISTRATIVE LEAVE 14
13 HOLIDAYS 14
14 SICK LEAVE ACCUMULATION 15
15 LEAVES OF ABSENCE 16
16 JURY DUTY 17
17 RANDOM DRUG & ALCOHOL TESTING 17
18 INJURY ON AND OFF THE JOB 17
19 BULLETIN BOARD 18
20 PAYROLL DEDUCTIONS 18
21 INJURIES IN THE COURSE OF EMPLOYMENT 18
22 DISCIPLINE 19
23 GRIEVANCE PROCEDURE 21
24 PEACEFUL PERFORMANCE 23
25 SAVINGS CLAUSE 23
26 COMPLETION OF BARGAINING 23
27 TERM AND OPENING CLAUSE 24
Exhibit A Attachment
A-3083-7
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Section 1 RECOGNITION OF OROVILLE MID-MANAGER AND CONFIDENTIAL
ASSOCIATION
The City of Oroville Recognizes the Oroville Mid-Manager and Confidential Association (OMCA) as the exclusive representative of the members, whether dues paying or nondues paying, of OMCA in Classifications as set forth in attached Exhibit "A". The composition of this unit as reflected in Exhibit A was revised effective July 1, 2020.
The City agrees to allow each OMCA member a total of four (4) hours of release time per calendar year to attend quarterly OMCA meetings. The above release time can only be used in one (1) hour blocks. Use of the release time must have the prior approval of the member's department head well in advance of the meeting. If, in the sole discretion of the member's department head, the use of the release time will disrupt City operations, release time will be denied. Such release time can only be used for attendance at the quarterly meetings and shall not rollover into the next calendar year if not used.
As used in this MOU, the terms "member" or "employee" shall mean a City employee in the bargaining unit represented by OMCA.
Section 2 SCOPE OF REPRESENTATION
The scope of representation of the meeting and conferring shall include those matters as set forth in California Government Code Section 3500 et seq.
Section 3 MAINTENANCE OF BENEFITS
It is understood and agreed that there exists within the City, certain Personnel Rules, policies, and benefits regarding members covered by this Memorandum. In the event of proposed changes to City Personnel Rules and Regulations, the OMCA shall be advised, for the purpose of enabling the City and the OMCA to meet and confer with respect to any proposed changes. The City shall not have the right to change said Personnel Rules and Regulations which contravene specific provisions of this Memorandum without first meeting and conferring with the OMCA.
Section 4 CITY RIGHTS AND RESPONSIBILITIES
The City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Memorandum, except as expressly limited by a specific provision of this Memorandum. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by the City enumerated herein, include, but are not limited to, the requirements of this Memorandum and/or any provision of law whether it be statutory or judicial: To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities, and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of 394
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employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency. Nothing in this Section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any regulating, authorizing or empowering the City to act or refrain from acting.
Section 5 SENIORITY
5.1 If performance, merit and ability are equal, then length of service within a Classification and higher Classifications shall be the determining factor in temporary appointments, layoffs, and rehire. A member whose job is being eliminated may elect to displace a member in a lower paid Classification if the member is qualified to perform the duties of the lower Classification, and if the member's length of service within the Department is greater than that of the member in the lower Classification.
5.2 Seniority shall be terminated by:
1. Discharge for cause
2. Voluntary termination
3. Retirement
4. Seniority shall not accrue for the term of any suspension or for leaves without pay in excess of thirty (30) days.
5.3 Reduction in Forces:
In reduction of forces due to slackness of work or insufficient funds, the last member hired within the affected department shall be the first laid off; provided however, that the remaining members are qualified to perform the available work. In rehiring, the last member laid off shall be the first member rehired if said rehiring occurs with a two (2) year period from time of the member's lay off.
Section 6 PAY FOR WORK IN A HIGHER JOB CLASSIFICATION
6.1 A member assigned to temporary duties of thirty (30) days or less within a calendar year in a higher job Classification, shall not receive the pay of the higher job Classification.
6.2 A member who accrues a total of more than thirty-one (31) days in a calendar year of temporaiy duties shall receive 5% above their base pay retroactively for all days so worked in a higher Classification.
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6.3 If it is known at the time of assignment that the member will be assigned to duties in a higher job Classification for more than thirty-one (31) days, the member shall immediately receive 5% above base pay.
Section 7 COMPENSATION AND RETIREMENT
7.1 SALARY
Salary ranges for represented classifications shall be as specified on Exhibit B and C, and include two tiers - one for employees hired before October 1, 2016, and a second tier for employees hired on or after October 1, 2016.
7.2 Salary Re-Openers: The City or OMCA proposes a re-opener on salaries if a 1% decrease in the prior years audited actual core revenue base compared to the prior year or if a 5% increase in the prior years audited actual core revenue base compared to the prior year. These core revenue triggers would be negotiated and any change would go into effect the following July 1®^
Total City of Oroville Core Revenue Base: Property Tax, Sales & Use Tax, Transient Occupancy Tax, Utility User Tax, Franchise Tax, and Motor Vehicle in Lieu.
7.3 In the case of federal, state or local emergencies, if required to work in excess of normal duty hours, the OMCA member may be eligible for reimbursement should the City bill for, and receive, reimbursement for their work performed during such emergencies. Such reimbursement will only occur after the City receives compensation. The rate of reimbursement will be the salary rate billed by the City for the OMCA member. Any reimbursement in excess of the normal salary of the OMCA member will be retained by the City.
7.4 No salary advancement shall be made so as to exceed a maximum rate established in the plan for the class to which the employee's position is allocated unless approved by a majority of the City Council and a new rate established.
Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of one's supervising official, length of service, productivity, performance record, special training undertaken, or other pertinent evidence. Full-time, part-time or probationary employees may be considered eligible for merit increases in salary according to the following schedule:
7.4.1 The letters A, B, C, D, E, F, G and H, respectively, denote the various progressive steps in the salary range. However, some bargaining units may not have all 8 steps. See individual bargaining unit Memorandum of Understandings for appropriate step ranges, which prevail over the City of Oroville Personnel Rules and Regulations. Employees will normally be hired at Step A of the salary range.
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7.4.2 Employees may receive salary Step B upon completion of one (1) year of unbroken employment in Step A, where the employee has demonstrated satisfactory job progress and normally increasing productivity, and have successfully passed their probationary period and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.3 Employees may receive salary Step C upon completion of one (1) year of unbroken employment in Step B, where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.4 Employees may receive salary Step D upon completion of one (1) year of unbroken employment in Step C, where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.5 Employees may receive salary Step E upon completion of one (1) year of unbroken employment in Step D, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.6 Employees may receive salary Step F upon completion of two (2) years of unbroken employment in Step E, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.7 Employees may receive salary Step G upon completion of two (2) years of unbroken employment in Step F, where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon written recommendation of the department head and approval of the Personnel Officer.
7.4.8 Employees may receive salary Step H where the employee has demonstrated satisfactory job progress and normally increasing productivity and upon written recommendation of the department head and approval of the Personnel Officer.
In regards to Steps F, G and H, each department head has the discretion to accelerate these steps to one (1) year in between increases for outstanding performance, upon written recommendation to, and approval by, the Personnel Officer.
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7.6 On each July first during the term of this contract, all represented employees who were hired by the City prior to October 1, 2016 shall be credited with 24 hours of Personal Time Off (PTO). Employees may take PTO to coincide with the holiday season, November 1^* through January 1®^ or other requested time which is approved by their department head. PTO days must be used within the calendar year they are credited or the time will be lost. Employees who were hired by the City on or after October 1, 2016 are not eligible to receive PTO.
7.7 RETIREMENT BENEFITS
7.7.1 Retirement Benefits for Miscellaneous Members of CalPERS. This section 8.7.1 applies to miscellaneous members of CalPERS.
A. Retirement Benefits for Miscellaneous Members hired before January 1. 2013. and Classic members as determined by CalPERS.
Subsection A applies to miscellaneous members hired before January 1, 2013, and for "classic" members within the meaning of the Public Employees' Pension Reform Act of 2013 ("PEPRA") who are hired on or after January 1, 2013.
Benefit Formula: Members hired before January 1, 2013, and for "classic" members within the meaning of PEPRA who are hired on or after January 1, 2013, shall be eligible to receive the 2% at 55 retirement benefit formula.
Final Compensation: For purposes of determining a retirement benefit, final compensation for members covered by this section A shall mean the single highest year of compensation earnable.
Member Contribution: Members covered by this section A shall pay 100% of the required member contribution, which is 7%.
Additional Cost Sharing for Members Hired by the City on or After October 1. 2016
Effective the first day of the first full pay period in October 2016, in addition to paying the required member contribution of 7%, members covered by this subsection A who were hired by the City on or after October 1, 2016 shall pay, through payroll deduction, an additional 3% of compensation earnable toward the City's normal cost of pension benefits as permitted by Government Code 20516, for a total of 10%. The cost sharing described in this paragraph shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this Agreement and establish the status quo for purposes of future negotiations. OMCA and the City will take all actions necessary to implement the pension cost sharing agreement described in this paragraph.
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B. Retirement Benefits for Miscellaneous Members Hired on or After January 1. 2013. and Who Are Not Classic members as determined bv CalPERS.
Subsection B applies to miscellaneous members hired on or after January 1, 2013, who are not classic members as determined by CalPERS.
Benefit Formula: Members hired on or after January 1, 2013, who are not classic members as determined by CalPERS shall be eligible to receive the 2% at 62 retirement benefit formula.
Final Compensation: For purposes of determining a retirement benefit, final compensation for members covered by this subsection B shall mean the highest annual average pensionable compensation earned during 36 consecutive months of service.
Member Contribution: Members covered by this section shall pay 100% of the required member contribution, which is 50% of the normal costs established by CalPERS.
Additional Cost Sharing for Members Hired bv the Citv on or After October 1. 2016
Effective the first day of the first full pay period in October 2016, in addition to paying 50% of normal costs as described above, members covered by this subsection B who were hired by the City on or after October 1, 2016 shall pay, through payroll deduction, an additional 3% of pensionable compensation toward the City's normal cost of pension benefits as permitted by Government Code 20516. The cost sharing described in this paragraph shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this Agreement and establish the status quo for purposes of future negotiations. The OMCA and the City will take all actions necessary to implement the pension cost sharing agreement described in this paragraph.
7.7.2 The City agrees to maintain the 4th Level 1959 Survivor Benefit for all members.
7.7.3 OMCA members shall pay full employee's share of the PERS contribution 7% for Miscellaneous). As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each member shall pav through pavroll deductions the CalPERS contributions described in this Article with state and federal income tax on the CalPERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
7.7.4 It is the intent of the Parties that the terms set forth herein be consistent with the provisions of the California Public Employees' Retirement Law ("PERL"), including the Public Employee Pension Reform Act of 2013 ("PEPRA"), as it May be amended from time to time. In the event that the provisions of 399
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PERL/PEPRA are inconsistent with the provisions of this Agreement, the provisions set forth in PERL/PEPRA shall prevail.
7.8 FURLOUGH
Effective on the first day of the first full pay period after Council approval of this MOD, all employees in tho bargaining unit will be subject to a work furlough that will reduce their salary and associated payments by ten percent (10%). The savings realized by the City associated with this work furlough and salary reduction will be placed in a PERS Rate Stabilization Trust to assist the City in funding futuro increases to PERS rates.
Under the work furlough program, oach employee's work schedule shall bo reduced by 8 hours por pay period, with an accompanying salary reduction often percent (10%) for each pay period. To implement the furlough, each represented employee may elect any one of the following schedules:
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A ^ day, 9 hour per day work week, so that 72 hours are worked por pay period;
A ^ day, 10 hour per day work week with 8 hours off scheduled during tho pay period so that 72 hours are worked per pay period;
A 5 day, 8-hour per day work week with 8 hours off scheduled during tho pay period so that 72 hours aro worked per pay period.
The City shall work with each represented employee to establish a regular work period in accordanco with the above options.
7.9 DEFERRED COMPENSATION
The City shall offer regular full-time employees the opportunity to participate in a Section 457 Deferred Compensation Plan National Deferred, without a City contribution. Effective as of the first City payroll period in July 2001, the City shall offer regular full-time OMCA members the opportunity to participate in a Section 457 Deferred Compensation Plan with the ICMA, without a City contribution.
Section 8 HOSPITAL MEDICAL BENEFITS
8.1 Health Insurance for represented employees hired by the City before October 1, 2016 - The City agrees to continue to provide insurance benefits for members and their dependents who are otherwise qualified and who desire coverage of medical, dental, life, vision, and long-term disability insurance. The City will make contributions to the premiums for employees enrolled in the City's plans, with contributions for premiums for medical and dental plans up to the following amounts:
Gold PPO HDHP-10% Silver PPO
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EE Only 100% 100% 100%
EE + 1 $906.39 $879.92 $853.45
EE + Family $1,075.50 $1041.09 $1,006.68
In the event any other City employee group(s) receives a greater premium amount than stated above, the City agrees to increase health and dental premiums for DMCA members to that amount.
If the current plans become unavailable within the above cost parameter, and a substitute plan or plans with comparable benefits and cost are not available, then the OMCA and the City may reopen this issue for negotiation during the term of this Memorandum, and the parties shall then meet and confer as soon as possible in order to mutually attempt to resolve the situation. In addition to the above, the City shall pay the cost of life, vision and long-term disability insurance.
8.2 Health Insurance for represented employees hired by the City on or after October 1, 2016 - The City will provide insurance benefits for members and their dependents who are otherwise qualified and who desire coverage of medical, dental, life, vision, and long-term disability insurance. The City will make contributions to the premiums for employees enrolled in the City's plans, with contributions for premiums for medical and dental plans limited to a maximum of 100% of the premiums for the lowest cost premium for employee-only medical and dental plans. Represented employees shall be responsible for paying any premium amounts above this level.
In addition to the above, the City shall pay the cost of life, vision and long-term disability insurance.
8.3 Health Insurance Review Committee
The City agrees to participate in a Joint Health Insurance Review Committee for the purposes of reviewing current insurance health benefits and Enhanced Retirement Benefits. The Human Resource Analyst and up to two (2) representatives from each City employee bargaining group may attend the meetings on behalf of the City of Oroville. The purpose of the Committee is ongoing review of health, dental and vision plans and the making of recommendations to the City Council, City Administrator and the OMCA members regarding benefit levels, services, methods of cost containment, alternative plans and the like. Committee members shall establish guidelines for conducting meetings, frequency of meetings and the Committee work program. Employee representatives shall not be charged vacation or other leave time if such meetings are held during the member's normal work hours, nor shall such members receive overtime or call-back pay for service on the Committee. The Committee shall have access to such nonconfidential information as necessary to carry out its purpose.
8.3 I.R.C. SECTION 125 COLLABORATION
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Effective January 1, 2001, the City shall implement a premium only, 125 cafeteria plan administered through an approved provider.
8.4 The Employer shall maintain the carrier of the Disability Policy's waiting period to 90 calendar days.
8.5 Effective on or after January 1, 1998, and pursuant to an S.D.I, election, unit employees shall have the option to participate in the Employees State Disability Program.
Section 9 PROFESSIONAL AND EDUCATIONAL INCENTIVES
9. 1 The City will pay the travel and subsistence expenses of Employee for professional and official travel, and meetings necessary and desirable to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to those of the League of California Cities and such other national, regional, state and local government groups and committee thereof which Employee serves as member. Employee shall be subject to the policies on reimbursement for expenses in accordance with IRS Regulations.
9.2 The City will pay for the professional dues and subscriptions of Employee necessary for their continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for their continued professional participation, growth and advancement, and for the good of the employer.
9.3 The City will make available to each member a maximum of $1,500 per fiscal year for tuition reimbursement based upon all of the following criteria being satisfied:
Tuition reimbursement will be provided only under the following circumstances:
1. The member must be taking job-related undergraduate course work provided by a community college, college, or university or other WASC-accredited educational institution, in pursuit of an AA, AS, BA, 88 or undergraduate certification. Graduate level course work will not be reimbursed, even if it is related to receiving an undergraduate degree.
2. Prior to enrollment, the member must submit to his/her department head and the City Administrator, a program curriculum outlining all classes needed for the degree for confirmation by the City as follows;
a. The program curriculum will include classes already passed which relate to the degree or certification.
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b. The program curriculum will indicate how the proposed undergraduate class fulfills the requirement of the undergraduate degree or certification.
3. Prior to reimbursement for the completed class, the member must submit documentation proving class completion with a grade of "B" or higher or a "Pass" grade for Pass/Fail courses and provide receipt indicating the tuition amount and payment thereof by the member.
4. Any tuition reimbursement is subject to available funding in the budget.
Once the member satisfies all the above criteria, the City will reimburse the member for the course. After the member obtains a BA or BS degree, he/she will no longer be eligible for this benefit.
9.4 A member who obtains a Master's Degree from a WASG-accredited institution that is not a requirement of their position and provides documented proof of such degree, shall receive an educational incentive equal to 3% of their base salary per month.
9.5 The City shall assume liability for notary duties performed by OMCA members in the scope of their City employment.
9.6 Effective January 1, 2016, an employee who obtains or is in possession of postsecondary education or a post-secondary degree (Associate's or Bachelor's Degree) and provides documented proof of such degree, shall receive an educational incentive payment equal to:
60 units/AA/AS ~ $125 per month pay increase;
BA/BS ~ $250 per month pay increase.
In the future, and subject to bargaining between the City and the other bargaining units, the City intends to remove this benefit. On the date that the Education Pay Program is eliminated for all other City employees, it shall automatically be eliminated for the OMCA bargaining unit.
Section 10 RECOGNITION FOR LENGTH OF SERVICE
In recognition for many years of continuous service as a City of Oroville employee, the City shall make an annual award to each qualifying employee in the amounts shown below:
Length of Continuous Service Annual Award
15 through 19 years $150.00 per year
20 years or more $300.00 per year
The City Council shall decide on the timing and manner for the award presentations. 12 403
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The length of service pay provided by this Section 11 shall not apply to employees hired on or after October 1, 2016.
Section 11 VACATION POLICY
11.1 Every employee who on the most recent anniversary date of employment shall have been in the service of the City for a period of one (1) year or more shall be entitled to a vacation as follows:
Two (2) weeks (ten (10) working days) with pay if the employee shall have been in the service of the City for a period of one (1) year or more but less than five (5) years prior to such anniversary date.
Three (3) weeks (fifteen (15) working days) with pay if the employee shall have been in the service of the City for a period of five (5) years or more but less than twelve (12) years prior to such anniversary date.
11.2 Upon the completion of twelve (12) years of service with the City the employee shall be entitled to one (1) additional day of vacation with pay, and on each anniversary date of service thereafter to a maximum vacation benefit with pay of four (4) weeks (twenty (20) working days).
11.3 Unused vacation benefits may be accumulated from prior anniversary years. Employees hired by the City prior to October 1, 2016 shall cease to earn vacation benefits upon accumulating banked vacation hours equivalent to three (3) times the employee's annual earned vacation. Employees hired by the City on or after October 1, 2016 shall cease to earn vacation benefits upon accumulating banked vacation hours equivalent to one (1) times the employee's annual earned vacation. Subject to budget constraints or for special circumstances, and with the approval of the Department Head and the Citv Administrator, accrued vacation mav be paid.
11.4 For the purpose of this Section, years of service shall mean years of unbroken seniority with the City which shall in no event be calculated from a date prior to the time the employee actually commenced working for such Employer.
11.5 An employee who, on their most recent anniversary date, has qualified for a vacation, but whose employment is terminated prior to taking such vacation, shall be entitled to pay in lieu thereof. Normally, the City shall not pay an amount in excess of the ceiling referenced in 12.3.
11.6 An employee, who, during an anniversary year is on leave of absence without pay for a period exceeding thirty (30) consecutive days, shall fail to qualify for full vacation benefits but shall be entitled to prorated vacation benefits. An employee whose employment is terminated prior to the completion of the anniversary year shall be entitled to prorated vacation. Vacation shall be prorated by dividing the straight time hours actually worked by 173.3, and then multiplying that factor by 1/12 the vacation the employee would have earned had the anniversary year been fully worked.
11.7 Conversion of Excess Vacation Carrvover Hours to Sick Leave 404
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Whenever an employee's accumulation of vacation hours exceeds the maximum vacation carryover allowance due to furloughs or denial of time off requests by their supervisor or department head, the excess number of vacation hours may be converted to sick leave hours and credited to the employee's sick leave accumulation balance at the end of the fiscal year. This shall be done at the employee's written request.
Section 12 ADMINISTRATIVE LEAVE
All former Mid Management (OMMA) personnel, who were hired by the City prior to October 1, 2016, are eligible for ^8 hours per fiscal year of Administrative Leave, based upon amount of time worked in addition to normal work hours and approved, in advance in writing by the Department Head. Such leave may be taken, upon approval of the Department Head, any timo after it has been earned.
All former OMCA personnel, who wore hired by the City prior to October 1, 2016, are eligible for 69 hours per fiscal year of Administrative Leave to compensate for time worked in addition to normal work hours. Members shall have the option to cash out up to 20 hours of administrative leave per fiscal year. Such leave may be taken upon approval of the Department Head, any time after it has been earned.
Employees who were hired by the City on or aftor October 1, 2016 are eligible for 2^ hours per fiscal year of Administrative Leave to componsato for time worked in addition to normal work hours. Such leave may be taken, upon approval of the Department Head, any time after it has been earned.
Section 13 HOLIDAYS
13.1 The following shall be paid holidays to all employees:
(1) New Year's Day, January 1
(2) Martin Luther King Day, January
(3) Lincoln's Birthday, February 12
(4) President's Day, 3rd Monday in February
(5) Memorial Day, last Monday in May
(6) Independence Day, July 4
(7) Labor Day, the 1st Monday in September
(8) Veteran's Day, November 11
(9) Thanksgiving Day, 4th Thursday in November
(10) The day after Thanksgiving
(11) The last working day before Christmas
(12) Christmas Day, December 25
13.2 Employees shall be compensated for each holiday based on the amount of time in the regularly assigned shift on the holiday. If a holiday falls on an employee's regularly scheduled day off, the employee may flex the holiday to a work day during 14 405
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the same pay period. The specific work day selected is subject to approval by the employee's supervisor.
13.3 Subject to concurrence of all other City employee Associations, City and OMCA agree to exchange Lincoln's Birthday (February 12) for New Years' Eve Day (December 31).
Section 14 SICK LEAVE ACCUMULATION
14.1 Sick leave is a privilege which can be allowed only in case of actual sickness or injury of such employee or of a member of the immediate family which compels an employee to be absent from work. To qualify for sick leave, an employee must notify his/her supervisor prior to the time set for beginning daily duties, in accordance with such procedures established by the Department Head.
14.2 An employee may be allowed a leave of absence from duty without loss of salary on account of sickness or injury. Sick leave with pay is cumulative at the rate of one (1) work day for each month of service beginning the first calendar month following regular probationary employment.
14.3 An employee returning to duty after an absence of more than two (2) consecutive days without loss of salary resulting from sickness or injury may be required to provide the immediate supervisor, for filing in the employee's personnel file, a doctor's certificate or personal affidavit showing the nature of the sickness or injury.
14.4 Employees shall accumulate unused sick leave without limitation as to a maximum number of days.
14.5 Sick Leave Conversion: An employee represented by the Association and hired by the City prior to October 1,2016 who regularly retires from City service may convert their accumulated sick leave to purchase medical insurance, based such leave dollar value at the time of retirement. Employees hired by the City on or after October 1, 2016 are not eligible to convert accumulated sick leave to purchase medical insurance at retirement.
14.6 For employees hired by the City prior to October 1, 2016, the City shall grant one (1) extra day of vacation with pay for each six (6) consecutive month period, (January/June, July/December) on a calendar year basis in which a member in the unit works without absence other than holiday, vacation, or compensatory time off.
The extra vacation day shall be added to the eligible member's balance during the first month following the six-month period in which eligibility was established.
Employees hired on or after October 1, 2016 shall not be eligible to receive any extra day of vacation under this section, regardless of their attendance record.
14.7 Notwithstanding anything to the contrary set forth above in this section, the City agrees to amend its contract with PERS to allow sick leave conversion for PERS 15 406
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Retirement Credit. The members have the option of selecting the provisions set forth above in this section or may convert their unused sick leave for service credit upon retirement.
Section 15 LEAVES OF ABSENCE
15.1 Bereavement Leave:
Employees hired by the City prior to October 1, 2016 who have completed six (6) months of service are entitled to receive up to five (5) days bereavement leave, for members of the employee's immediate family, as defined below. Employees hired by the City on or after October 1, 2016 who have completed six (6) months of service are entitled to receive up to three (3) days bereavement leave, for members of the employee's immediate family, as defined below. Bereavement leave shall not be charged to the member's sick leave, when compelled to be absent from duty by reason of death, or where death of an immediate family member appears imminent, as determined by the attending physician. An employee desiring such leave shall notify, in writing, the Department Head of the time of absence expected and the date of return to City service. Immediate family:
the following members of an employee's family: spouse, registered domestic partner, natural, step or legal child or parent, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law or sister-in- law, including domestic partner in-laws.
15.2 Maternity Leave - Such leave shall be in accordance with applicable State and/or Federal law pursuant to California Government code 19991.6 as currently presented and/or amended.
15.3 Military Leave
Military leave shall be granted in accordance with the provisions of State law. 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.
15.4 Approved Leave of Absence without Pay:
The Department Head, at his/her unrestricted discretion, may grant a regular or probationary employee leave of absence without pay or seniority for not to exceed three (3) months. After three (3) months, the leave of absence may be extended up to twelve (12) months by the City Administrator. Longer such leaves of absence shall be approved by the City Council. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice of return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration shall be deemed to be a resignation and be so notified.
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If the approved leave of absence is for more than thirty (30) days, the employee:
A. Shall not accrue seniority or employee benefits of any kind.
B. Shall be responsible for the full payment of the monthly cost of any premiums for health, life or long-term disability insurance plans if the employee desires to retain the coverage afforded by such plans.
15.5 Safety Incentive Program
Employees hired by the City on or after October 1, 2016 shall not be eligible to participate in the City's Safety Incentive Program and will not accrue safety incentive comp time.
Section 16 JURY DUTY
Every employee of the City who is called or required to serve as a trial juror, 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 while necessarily being present in court as a result of such call. No deduction shall be made from the salary of an employee while being interviewed for or while sen/ing on a trial jury. Jury fees, other than military, collected by employee shall be turned over to the Finance Department to help defray employee costs while on jury duty.
Section 17 RANDOM DRUG AND ALCOHOL TESTING
Employees agree to the City of Oroville's Substance Abuse Policy Statement, administered by DATCO, as outlined in the City of Oroville's Policy and Procedures, for the term of this agreement only. Notwithstanding anything to the contrary in the City of Oroville's Substance Abuse Policy Statement, the City may not make any changes in the Policy or its application relative to members of the OCMA without written mutual agreement of the parties.
Section 18 INJURY ON AND OFF THE JOB
Employees unable to perform their regularly assigned duties as a result of illness or injury (on or off the job) may be required to perform duties the City and employee have determined an acceptable assignment, and shall not impede the employee's recovery. The employee shall receive the rate of pay in effect prior to the illness or injury, but that rate of pay shall be reduced by the amount of monies received from any other source to which the City contributes. Assignments under this provision may be full time or part time and shall be based on the Department needs fitting the capability of the disabled employee. The City may require the approval of a physician prior to making an assignment under the provision. 17 408
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Section 19 BULLETIN BOARD
A reasonable amount of space shall be provided on the bulletin board in the lounges, upon which the Association may post notices of meetings, elections, appointments, results of elections, recreational and social affairs, classes, seminars, and other matters pertaining to employee and Association affairs.
Section 20 PAYROLL DEDUCTIONS
It is agreed that the City, during the term of this Memorandum, shall deduct dues in an amount authorized and remit the total to the Association in one check. The Association shall indemnify and hold the City harmless against any and all claims against the City as a result of implementation of this article.
Section 21 INJURIES IN THE COURSE OF EMPLOYMENT
21.1 Applicability of this Section: The provisions of this Section shall apply only to those industrial injury cases which the City Administrator, designee, or the Workers' Compensation Appeals Board determines to be compensable and only for such period of time as the Workers' Compensation Laws of the State of California require payment for temporary disability and shall cease when a person leaves City service other than by disability retirement.
21.2 All members of the OCMA (not covered by Section 4850 of the Labor Code), in the event of time lost to an industrial injury or illness, which renders the employee unable to work in their position or an available light duty position, shall continue at full salary for a period of one (1) year with no charge to accrued sick leave or accrued vacation. The employee so disabled shall make diligent efforts to secure available sources of income (Workers' Compensation benefits, SDI, disability insurance, etc.) These alternative sources of income shall serve as an off-set of the City's obligation to pay the employee's full salary. In no event shall an employee receive more than full salary. This section (22.2) does not apply to retired members.
21.3 Eligibility under this Section: All City Employees who have satisfactorily passed the physical examination as required by these rules shall be eligible.
Leave with Pay for Medical Treatment
A. Leave with pay for medical treatment authorized by the Personnel Employee may be permitted for short periods of time when temporary disability payments pursuant to this Section of Labor Code are not made. 18 409
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B. The employee shall notify the City by Registered Mail of his/her address if changed from the address in the employee's personnel record, or if changed at any time during this leave of absence. The employee shall give the City reasonable notice in advance of the date of his/her return to work and shall, upon return to work and shall, upon return to work, be assigned his/her former position or comparable position. The employee shall be physically able to perform the duties of his/her former position in order to be returned to work, but the City shall make reasonable effort to place the employee in a position in which the employee is capable of performing at the same standard as other employees in that classification.
C. An employee whose condition is deemed to be permanent and stationary may, at the discretion of the City, be returned to work on a light or limited duty station for purposes of vocational and medical rehabilitation. Such action shall only be taken upon the recommendation of a physician, chosen and compensated by the City, and shall be for a fixed time. In the absence of clear and convincing evidence to the contrary, should the rehabilitation period fail and the employee return to an industrial leave status, the initial trauma shall be considered in assessing the leave period.
D. This Section shall be implemented by an individual agreement between employer and employee, and be signed off by the City's Physician.
Section 22 DISCIPLINE
22..1 The City may discharge, demote or suspend for cause any employee who has completed the specified probationary period. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples may be found in the City Personnel Rules and Departmental Policies):
A. Misstatement of facts during the hiring process;
B. Falsification of any entry on a City document (e.g., time card, expense report) C. Disclosure of confidential information;
D. Insubordination or willful disobedience;
E. Incompetence, inefficiency, or unsatisfactory job performance; F. Discriminatory, discourteous or unbecoming behavior; G. Theft, misuse, or unauthorized use or possession of City property; H. Dishonesty;
I. Misconduct, i.e., any behavior that brings harm or discredit to the City; J. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business;
K. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects or brings discredit to the City; L. Excessive absence or tardiness;
M. Absence without approved leave;
N. Violation of a City rule, policy, or procedure; i.e. Violence in the workplace policy, 19 410
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Unlawful harassment, etc.
0. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's City work performance; and engaging in unauthorized outside employment.
P. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position.
In the event a member feels the discharge or suspension is not for cause, the OCMA shall have the right to appeal the case through the grievance procedure. Probationary employees may be discharged for any reason and without cause.
22.2 Presumption of Delivery: Any written notice shall be conclusively presumed delivered to the employee on the date the written notice is personally served on the employee. In the event that any notice is sent to an employee by certified mail, return receipt requested, the notice shall be conclusively presumed delivered to the employee on the date the receipt was signed. In the event the certified mail is refused, or in the event the employee is absent without leave and no person at the address to which the certified mail is sent signs for such certified mail, then it shall be presumed that the notice was delivered as of the date the postal service returns the certified mail to the return address.
22.3 Departmental Action Prior to Imposition of Discipline: Except in cases of an emergency, at least five (5) calendar days prior to the effective date of any disciplinary action against employees with regular status, the Department Head or person authorized by him shall give the employee written notice of the proposed disciplinary action, reasons for such action, a copy of the charges and material upon which the action is based, and the right to respond either orally or in writing, or both, to the Department Head or designee proposing the disciplinary action prior to the effective date of such disciplinary action.
22.4 Notice of Disciplinary Action: Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include, but is not limited to:
1. a statement of the disciplinary action to be taken against the employee,
2. a summary of the facts upon which the disciplinary action is based,
3. a statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the Grievance Procedure as set forth in this Memorandum of Understanding.
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The written notice of disciplinary action may be either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City.
22.5 Appeals of Discipline for Permanent Members:
A member may appeal a disciplinary action by filing a grievance at Step 3 of the Grievance procedure within ten (10) days of receiving the notice of disciplinary action.
Section 23 GRIEVANCE PROCEDURE
Except Personnel Rules 1, 3, 4, 5, and any other provisions of the Personnel rules which fall within the definition of a management right, a grievance shall be defined as a dispute concerning the application of the City of Oroville's Personnel Rules and Regulations or a matter involving the interpretations or the alleged violation of any provisions of this Resolution, other than appeals subject to the foregoing Section
14. There shall be an earnest effort on the part of both parties to settle the grievance promptly through the steps listed below. Working days are considered to be Monday through Friday, excluding City Holidays.
Step 1: A member's grievance must be submitted to the immediate supervisor within fifteen (15) calendar days from the date the grievance was first known or the grievance is waived. The immediate supervisor should give an answer to the member by the end of the fifth (5th) calendar day following the presentation of the grievance. If the answer does not resolve the grievance or if an answer is not given, the member may proceed to Step 2.
Step 2: If the grievance is not resolved in Step 1, the OCMA representative may, within five (5) working days after the written reply of Step 1, request a meeting with the Department Head or his designee. Such meeting to be held at a mutually agreeable time to review, discuss and attempt to resolve the grievance. Such meeting will take place within ten (10) working days after the date of the written reply of Step 1.
Step 3: If the grievance is not resolved in Step 2, the OCMA representative may within five (5) working days after the Step 2 meeting, request a meeting with the City Administrator or his/her designee. Such meeting will be held at a mutually agreeable time to review, discuss and attempt to resolve the grievance. Such meeting will take place within ten (10) working days from the date of the Step 2 meeting.
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step 4a: If a grievance is not resolved in Step 3, the fourth step shall be referral by either the City or the OGMA to arbitration. The fourth step shall be taken within twenty (20) work days of the date of the answer in Step 3.
Step 4b: Upon receipt of request by OGMA to submit a grievance to arbitration, the City will set a day acceptable to both parties. City and the OGMA will choose from the State of California Conciliation and Mediation Service an arbitrator to become the individual to hear all cases involving the parties.
The parties agree to act expeditiously in the selection of an arbitrator. If the OGMA and the City fail to reach mutual agreement on the selection of an arbitrator, each party shall, at a meeting of its representatives, alternately strike a name from the list of arbitrators provided by the SGGMS. The first party to strike a name shall be determined by lot. The costs of arbitration shall be borne equally by the City and the OGMA. The City and OGMA shall pay the compensation and expenses for their respective witnesses. At the OGMA's request, the City shall release members from duty to participate in arbitration proceedings.
Step 4c: The arbitrator shall hold such hearings and shall consider such evidence as the arbitrator appears necessary and proper. The first hearing shall be held as soon as is practicable for all parties involved. The decision of the arbitrator shall be final and binding on the City and the OGMA and the aggrieved member, if any, provided that such decision does not in any way add to, disregard, or modify any of the provisions of this Resolution.
Step 4d: Failure by either party to meet any of the aforementioned time limits as set forth in the section entitled "Grievance Procedure", will result in forfeiture by the failing party; except when the aforementioned time limits are extended by mutual written agreement from both parties. Grievances settled by forfeiture shall not bind either party to an interpretation of this Resolution, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.
Step 4e: Notwithstanding the aforementioned procedure, any individual member shall have the right to present grievances to the Gity and to have such grievances adjusted without the intervention of the OGMA, and be given the same opportunity to have the Arbitrator hear and rule on grievances as prescribed in 4(b) and 4(c) provided that the adjustment shall not be inconsistent with the Resolution, and further provided that the OGMA's President shall be given an opportunity to be present at such adjustment.
Time limits as set forth above may be extended by mutual agreement between the parties, but neither party shall be required to agree except in the case of the temporary absence of the Gity Administrator. In such case, the time limits will commence with the first day of their return to work. All meetings will be conducted in Oroville.
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If the member or the OCMA does not submit the grievance to the next step or meet within the time limits specified, then the grievance will be considered automatically withdrawn. If, after Step 1, management does not reply in a timely manner or meet within the time limits specified, then the grievance may be processed by the member to the next higher level, if requested by the member or the OCMA.
Section 24 PEACEFUL PERFORMANCE
The parties of this Memorandum recognize and acknowledge that the services performed by the City Employees covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of this jurisdiction.
Association agrees that under no circumstances during the term of this agreement will the Association recommend, encourage, cause of permit its members to initiate, recognize, participate in, nor will any member of the bargaining unit take part in any strike, sit down, stay in, sickout, slowdown, or picketing related to labor relations matters (hereinafter collectively referred to as work stoppage), in any office or department of this jurisdiction, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said stoppage has ceased.
Section 25 SAVINGS CLAUSE
Should any portion of this Memorandum or any provision herein contained be rendered or declared invalid be reason of existing or subsequently enacted legislation or by decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.
Section 26 COMPLETION OF BARGAINING
This constitutes the whole agreement between the City of Oroville and the Association. There exists no other an agreement or inducements written or oral, other than those expressly provided herein. City Resolution is expressly superseded by this agreement.
Except for emergencies as provided for under California Code Section 3504.5 et seq, and for the reopeners described below, the parties mutually agree that during the term of this Memorandum of Understanding, they will not seek to negotiate or bargain with wages, hours, and terms and conditions of employment whether or not covered by this Memorandum of Understanding or in negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this 23 414
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Memorandum of Understanding. Regardless of the waiver contained in this Article, the parties may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum of Understanding.
Notwithstanding the above, the parties agree to the following re-openers during the term of this MOU:
• 2017-2018 Fiscal Year: No reopeners;
• 2018-2019 Fiscal Year: At OCMA's request made on or before July 1, 2018, the MOU may be reopened to consider changes for the 2018-2019 fiscal year;
• 2019-2020 Fiscal Year: At OCMA's request made on or before July 1, 2019, the MOU may be reopened to consider changes for the 2019-2020 fiscal year.
Section 27 TERM AND OPENING CLAUSE
This Memorandum of Understanding shall be effective July 1, 2047 2020 and shall remain in effect through June 30, 2020 2021, and shall continue thereafter unless either party gives written notice to the other party prior to March 2020 requesting negotiation of a new Memorandum of Understanding with an effective date of July 1, 2020-2021.
This Memorandum recommended to the City Council of the City of Oroville on October 17, 2017 May 21, 2020.
OROVILLE MID-MANAGER
AND CONFIDENTIAL
ASSOCIATION (OMCA)
Amy Bergsltrand, O^OA President Labor^Rep
CITY OF OROVILLE
Bill LaGrone, City Admihistrator
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by Executed Forrpv to \s Appr
Rey Chuck Attorney City Huber, Scott
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EXHIBIT A
Job Classifications Department
Accounting Manager Finance
Assistant City Clerk Administration
Economic Development Manager Administration
Enterprise Zone/Business Assistance Coordinator BAHD
Human Resource Manager Administration
Information Technology Manager Administration
Management Analyst III BAHD
Program Specialist Administration
Senior Civil Engineer Community Development
26 417
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Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville
***DRAFT*** Employee Function and Classification.pdf -
252
Employee Function and Classification.pdf
Employee Function and Classification.pdf
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APPENDIX A
CITY OF OROVILLE
EMPLOYEE FUNCTION AND/OR POSITION CLASSIFICATIONS
The CITY OF OROVILLE, as of this date has established a compelling need for the following job descriptions. The compelling need is based on clear and factual vocational assessments which strongly indicate inappropriate behavior by those employees serving in any one, or any combination of the listed jobs, may result in harm to people, the environment, public or personal property, or undesired loss of capital or goods.
Job Type: Compelling Need:
City Administrator Drives on City Business and makes critical independent judgment decisions Chief of Police Drives on City Business and makes critical independent judgment decisions Fire Chief Drives on City Business and makes critical independent judgment decisions Community Services Director Drives on City Business and makes critical independent judgment decisions Director of Parks and Trees Drives on City Business and makes critical independent judgment decisions Director of Finance Drives on City Business and makes critical independent judgment decisions Business Assis./Housing Deve. Director Drives on City Business and makes critical independent judgment decisions Job Type: Compelling Need:
Deputy Fire Chief Drives on City Business and makes critical independent judgment decisions Police Lieutenant Drives on City Business and makes critical independent judgment decisions Project Manager/Sr. Civil Engineer Drives on City Business and makes critical independent judgment decisions Planning Manager Drives on City Business and makes critical independent judgment decisions Building Official/Fire Marshall Drives on City Business and makes critical independent judgment decisions Battalion Chief Drives on City Business and makes critical independent judgment decisions Management Analyst III Drives on City Business and makes critical independent judgment decisions Accounting Manager Drives on City Business and makes critical independent judgment decisions Public Works & Parks Oper. Manager Drives on City Business and makes critical independent judgment decisions Human Resource Manager Drives on City Business and makes critical independent judgment decisions Job Type: Compelling Need:
Assistant Civil Engineer May Drive on City Business.
Traffic Signal Technician/Electrician May Drive on City Business.
Building/Fire Inspector May Drive on City Business.
Housing Development & Building Maintenance Supervisor May Drive on City Business.
Associate Planner May Drive on City Business.
Redevelopment Agency Coordinator May Drive on City Business.
Administrative/Program Analyst II May Drive on City Business.
GIS Specialist May Drive on City Business.
Engineering Assistant May Drive on City Business.
Code Enforcement Specialist May Drive on City Business.
Engineering Technician May Drive on City Business.
Program Analyst I May Drive on City Business.
Counter Technician May Drive on City Business.
Assistant Planner May Drive on City Business.
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Cultural Facilities Curator May Drive on City Business.
Technical Director/Facilities Operator May Drive on City Business.
Accounting Technician May Drive on City Business.
Administrative Assistant May Drive on City Business.
Staff Assistant May Drive on City Business.
Office/Field Aid May Drive on City Business.
Cement Finisher May Drive on City Business.
Job Type: Compelling Need:
Police Sergeant Drives on City Business and makes critical independent judgment decisions Police Detective Drives on City Business and makes critical independent judgment decisions Police Officer Drives on City Business and makes critical independent judgment decisions Code Enforcement Specialist Drives on City Business and makes critical independent judgment decisions Dispatcher Supervisor Makes critical independent judgment decisions Police Administrative Assistant Maintain a Drug-Free Workplace Dispatcher Makes critical independent judgment decisions Community Services Officer Drives on City Business and makes critical independent judgment decisions Police Records Technician Maintain a Drug-Free Workplace Job Type: Compelling Need:
Fire Captain Drives on City Business and makes critical independent judgment decisions Fire Engineer Drives on City Business and makes critical independent judgment decisions Fire Fighter Drives on City Business and makes critical independent judgment decisions 420
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Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** IIPP Appendices.pdf - 253 IIPP Appendices.pdf
IIPP Appendices.pdf
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A – Employee Hazardous/Unsafe Condition Report
Reporting Hazardous/Unsafe Condition*
Department: ______________________________________________________________________________________ Person Reporting: ______________________________ Contact Information: __________________________________ (optional) (optional)
Location of Hazard: _________________________________________________________________________________ Building: _________________________________ Floor: _______________________ Room: _____________________ Date and time the condition or hazard was observed: __________________________________________ Hazards posing an immediate danger to life and health should be reported as soon as possible to your supervisor.
Description of unsafe condition or hazard: _______________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ What changes would you recommend to correct the condition or hazard? ______________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Employee Signature: ________________________________________ Date: _______________ (optional)
MANAGEMENT INVESTIGATION
Name of person investigating unsafe condition or hazard: __________________________________________________ Results of investigation. What was found? Was condition unsafe or a hazard? (Attach additional sheets if necessary.) _________________________________________________________________________________________________ _________________________________________________________________________________________________ Proposed action to be taken to correct hazard or unsafe condition:
_________________________________________________________________________________________________ _________________________________________________________________________________________________ Signature of Investigating Party: ________________________________________ Date: _______________ Date reporting employee was notified of action taken (if not an anonymous report) __________________ * Please note: Employees can report unsafe conditions anonymously without fear of reprisal. We encourage our employees to report hazards and commend them for their safety awareness. 422
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Appendix B - CITY OF OROVILLE
SUPERVISOR ACCIDENT, INJURY, AND ILLNESS REPORT
(TO BE COMPLETED WITHIN 24 HOURS FROM DATE OF OCCURANCE)
EMPLOYEE SECTION
INJURED EMPLOYEE: _______________________________ DEPARTMENT: _________________________________ JOB TITLE: ________________________________________ VOLUNTEER: _____YES ____NO DATE OF BIRTH: _____________ SOCIAL SECURITY #: _______________________ HIRE DATE: ________________ DATE AND TIME OF INJURY/ILLNESS: _____________________________ DATE REPORTED: __________________ WAS THE INJURY/ILLNESS PREVENTABLE? _____ YES _____ NO BRIEFLY EXPLAIN: _____________________ ________________________________________________________________________________________________ FIRST AID (DOCTOR/MEDICAL FACILITY): ____________________________________________________________ MEDICAL TREATMENT: ____YES ____NO DOCTOR/MEDICAL FACILITY: _________________________________ NATURE OF INJURY/ILLNESS: ______________________________________________________________________ PART (S) OF BODY INJURED: _______________________________________________________________________ WAS THERE LOST TIME DUE TO INJURY/ILLNESS: YES ______ NO ______ IF YES, HOW MUCH? ____________ ADDRESS WHERE INJURY/ILLNESS OCCURED: _______________________________________________________ DATE INJURED/ILL LEFT WORK: ___________________ TIME INJURED/ILL LEFT WORK: ____________________ DATE INJURED/ILL RETURNED TO WORK: ______________ TIME INJURED/ILL RETURNED TO WORK: _________
SUPERVISOR SECTION
HOW DID THE INJURY/ILLNESS OCCUR? _____________________________________________________________ _________________________________________________________________________________________________ NAME OF WITNESSES: ____________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ WHAT CONDITION, PRACTICE, OR ACT CONTRIBUTED TO THE INJURY/ILLNESS? __________________________ _________________________________________________________________________________________________ WAS THE INJURY REPORTED ON THE DAY OF INJURY/ILLNESS? YES __________ NO _____________ IF NO, WHY NOT? _________________________________________________________________________________ _________________________________________________________________________________________________ 423
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Appendix B - CITY OF OROVILLE
SUPERVISOR ACCIDENT, INJURY, AND ILLNESS REPORT
(TO BE COMPLETED WITHIN 24 HOURS FROM DATE OF OCCURANCE) WAS A CODE OF SAFE PRACTICE VIOLATED? YES _______ NO _______ IF YES, WHICH ONE? ______________ WILL AN ADDITIONAL CODE OF SAFE PRACTICE BE NEEDED? YES ______ NO _______ IF YES, STATE IT:
_________________________________________________________________________________________________ WAS THE UNSAFE CONDITION/PRACTICE PROTECTIVE EQUIPMENT PROBLEM CORRECTED IMMEDIATELY? YES ________ NO ________ IF NO, WHAT HAS BEEN DONE TO ENSURE CORRECTION? ____________________ SUPERVISOR’S COMMENTS: _______________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ EMPLOYEE’S COMMENTS (OPTIONAL): ______________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ CORRECTIVE ACTION:
1._______________________________________________________________________________________________
2._______________________________________________________________________________________________
3._______________________________________________________________________________________________
4._______________________________________________________________________________________________
5._______________________________________________________________________________________________
SIGNATURES REQUIRED
________________________________ _____________ ________________________________ ______________
REPORTING SUPERVISOR DATE INJURED/ILL EMPLOYEE DATE
________________________________ _____________ ________________________________ ______________
INVESTIGATING PARTY DATE DEPARTMENT DIRECTOR/MANAGER DATE 424
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Appendix C – Employee Safety Training Matrices
CITY OF OROVILLE
EMPLOYEE SAFETY TRAINING
MATRIX
Training Frequency
Cal/OSHA
Section Reference
Office/Administration
Facilities
Parks and Trees
Police
Electric
Public Works - Sewer
Public Works - Streets
Public Works
–
Building &
Engineering
Recreation
Community Service
Water/Wastewater
Injury & Illness Prevention Program I/U 3203 X X X X X X X X X X Emergency Response & Fire Safety I/U 3220, 3221 X X X X X X X X X X Workplace Violence Prevention I 3203 X X X X X X X X X X Aerial Devices I/(3yr) 3646, 3648 X X X X
Aerosol Transmissible Diseases I/A 5199 X X X
Aerosol Transmissible Diseases - Zoonotics 5199.1 X
Asbestos Awareness I/A 1529, 5208 X X x X X
Battery Handling & Maintenance I 5185 X X X X X X X
Bloodborne Pathogens I/A 5193 X X X X X X X X X X
Compressed Gas Safety I 3301, 3304 X X X X X X
Confined Space Awareness I/U 5157, 5158 X X X X X X
Confined Space Entry I/U 5157, 5158 X X X
Defensive Driving (Designated Staff) I 3203 X X X X X X X X X X Electrical Safety (General Awareness) I/U 3203 X X X X X X X X Electrical Safety (Industrial High/Low Voltage) I 2299 - 2974 X X X X X X Emergency Eyewash I 5162 X X X X X X X
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CITY OF OROVILLE
EMPLOYEE SAFETY TRAINING
MATRIX
Training Frequency
Cal/OSHA
Section Reference
Office/Administration
Facilities
Parks and Trees
Police
Electric
Public Works - Sewer
Public Works - Streets
Public Works
–
Building &
Engineering
Recreation
Community Service
Water/Wastewater
Equipment Operation Safety (Dept. Specific) I/U Title 8 Index X X X X X X X X X Ergonomics - Office I 5110 X X X X X
Ergonomics – Back Safety I 5110 X X X X X X X X X
Excavation/Trenching/Shoring I 1540 x X X X X
Fall Protection I 1670 X X X X X X X X
First Aid/CPR (Designated Staff) I/C (2yr) 3400 X X X X X X X X X Forklift I/C (3yr) Article 24 X X x X X
Hazard Communication (General) I/U 5194 X X X X X X X X X X Haz Waste/HAZWOPER (designated staff) A 5192 X X X X
Hearing Conservation I/A 5095 X X X X X X X X X
Heat Illness Prevention A-Spring 3395 X X X X X X X X X Heavy Equipment Operations I/U 1590 - 1596 X X X X X X
Ladder Safety I 3276 X X X X X X X X X
Lead Awareness I/A 5216 X X X X X
Lockout/Tag Out I/U 3314 X X X X X X
Machine Shop Safety I 3940 X X X X X X
New Employee Safety Orientation I 3203 X X X X X X X X X X Outdoor Hazards (Plants, Animals, Insects) A-Spring 3203 X X X X X X X X X 426
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CITY OF OROVILLE
EMPLOYEE SAFETY TRAINING
MATRIX
Training Frequency
Cal/OSHA
Section Reference
Office/Administration
Facilities
Parks and Trees
Police
Electric
Public Works - Sewer
Public Works - Streets
Public Works
–
Building &
Engineering
Recreation
Community Service
Water/Wastewater
Personal Protective Equipment Requirements I/U 3380, 3385 X X X X X Pesticide Use Safety I/U 5194 X X X X
Respiratory Protection I/A 5144 X X X X X X X
Rigging/Hoisting I 5006 x X X X X
Scaffold Safety I/U 1637 X
Standard Operating Procedures (Dept.
Specific) A N/A X X X X X X X X
Storm Water Pollution I N/A X X X X
Supervisor Safety Training (Designated Staff) I/U 3203 X X X X X X X X Tools – Hand & Power (Dept. Specific) I/U Article 20 X X X X X X X X X X Traffic Control & Flagger Training I 1599 X X X X X
Tree Work I 3421 X X
Welding & Cutting/Fire Watch/Hot Work I 4799, 4848 X X X X X 427
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Attachment City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** OPOA MOU NonSworn 021919 .pdf - 254 OPOA MOU NonSworn 021919 .pdf
OPOA MOU NonSworn 021919 .pdf
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City of Oroville Government Policy Manual
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.
Published with permission by City of Oroville ***DRAFT*** Index - 255
INDEX / TOPICS
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF OROVILLE
AND THE
OROVILLE POLICE OFFICERS' ASSOCIATION
NON-SWORN UNIT
FEBRUARY 19, 2019 - JUNE 30, 2022
This Memorandum of Understanding, hereinafter referred to as the "Memorandum", has been approved by City Council Resolution No. 8779, adopted at its regular meeting of May 21, 2019.
TABLE OF CONTENTS
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Article Page
ARTICLE 1 - RECOGNITION/DUES DEDUCTIONS 1
ARTICLE 2 - SCOPE OF REPRESENTATION 1
ARTICLE 3 - MAINTENANCE OF BENEFITS 1
ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES 2
ARTICLE 5 - SENIORITY 2
ARTICLE 6 - CALL-BACK PAY 3
ARTICLE 7 - SHIFT SCHEDULE 3
ARTICLE 8 CLOTHING ALLOWANCE Error! Bookmark not defined.
ARTICLE 9 - SALARY 4
ARTICLE 10 - OVERTIME 4
ARTICLE 11 - COMPENSATORY TIME OFF (CTO) 5
ARTICLE 12 - BI-LINGUAL PAY 5
ARTICLE 13 - SHIFT DIFFERENTIAL PAY 5
ARTICLE 14 - DISPATCHER TRAINING INCENTIVE 5
ARTICLE 15 - EDUCATION INCENTIVE 6
ARTICLE 16 - OUT OF CLASS PAY 6
ARTICLE 17 - RETIREMENT BENEFITS 6
ARTICLE 18 - HEALTH BENEFITS 7
ARTICLE 19 - LONGEVITY PAY 9
ARTICLE 20 - VACATION POLICY 9
ARTICLE 21 - VACANCIES 10
ARTICLE 22 - HOLIDAYS 10
ARTICLE 23 - SICK LEAVE 11
ARTICLE 24 - BEREAVEMENT LEAVE 12
ARTICLE 25 - MATERNITY LEAVE 13
ARTICLE 26 - MILITARY LEAVE 13
ARTICLE 27 - UNPAID LEAVE 13
ARTICLE 28 - JURY DUTY 13
ARTICLE 29 - LIGHT DUTY 13
ARTICLE 30 - BULLETIN BOARDS 14
ARTICLE 31 - ASSOCIATION DUES 14
ARTICLE 32 - RANDOM DRUG AND ALCOHOL TESTING 14
ARTICLE 33 - LAYOFF PROCEDURE 14
ARTICLE 34 - DISCIPLINE 14
ARTICLE 35 - GRIEVANCE AND ADVISORY ARBITRATION PROCEDURE 18 ARTICLE 36 - CODE OF ETHICS 20
ARTICLE 37 - PEACEFUL PERFORMANCE 20
ARTICLE 38 - SAVINGS CLAUSE 21
ARTICLE 39 - ZIPPER CLAUSE 21
ARTICLE 40 - TERM AND OPENING CLAUSE 21
ARTICLE 41 - TOTAL COMPENSATION SURVEY 21
EXHIBIT "A" - SALARY SCHEDULES ATTACHMENT
EXHIBIT "B"- POLICE OFFICERS CODE OF ETHICS ATTACHMENT
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ARTICLE 1 - RECOGNITION/DUES DEDUCTIONS
1.1 RECOGNITION - Pursuant to Government Code sections 3507.1, the City of Oroville recognizes the Oroville Police Officers Association (OPOA) as the exclusive representative of the Police Non-Sworn Unit
The Oroville Police Officers Association (OPOA) represents the following classifications:
Municipal Law Enforcement Officer
Public Safety Communication Specialist
Public Safety Communication Specialist Supervisor
Police Records Technician
Police Administrative Assistant
1.2 DUES DEDUCTIONS - Employees may sign up for Payroll Deductions of Association dues with the Association. The Association will certify to the City any new members of the Association.
Association agrees to provide a listing of all additions or deletions of membership or requested changes to establish payroll deductions of its members, to the City.
The Association shall indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments and other forms of liability arising out of the application or enforcement of this Section.
Any Association member who notifies the City of their desire to discontinue dues or otherwise withdraw from Association membership shall be referred back to the Association. The City agrees to continue all dues deductions until notified of a deduction change by the Association ARTICLE 2 - SCOPE OF REPRESENTATION
2.1 This agreement covers the wages, hours, terms and conditions of employment for the term of the agreement for those employees represented by the OPOA.
ARTICLE 3 - MAINTENANCE OF BENEFITS
3.1 Changes to the City's Personnel Rules & Regulations, policies and Department Policies shall require a meet and confer with the OPOA prior to implementation. 432
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ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES
4.1 The City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Memorandum, except as expressly limited by a specific provision of this Memorandum. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by the City enumerated herein, include, but are not limited to, the requirements of this Memorandum and/or any provision of law whether it be statutory or judicial:
• To manage and direct its business and personnel
• To manage, control, and determine the mission of its departments, building facilities, and operations
• To create, change, combine or abolish jobs, departments and facilities in whole or in part
• To subcontract or discontinue work for economic or operational reasons • To direct the work force
• To Increase or decrease the work force and determine the number of employees needed
• To hire, transfer, promote and maintain the discipline and efficiency of its employees to establish work standards, schedules of operation and reasonable workload
• To specify or assign work requirements and require overtime • To schedule working hours and shifts
• To adopt rules of conduct and penalties for violation thereof • To determine the type and scope of work to be performed and the services to be provided
• To determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency
Nothing in this Section shall be construed to limit, amend, decrease, revoke or othen/vlse modify the rights vested In the City by any regulating, authorizing or empowering the City to act or refrain from acting.
ARTICLE 5 - SENIORITY
5.1 OVERALL SENIORITY - "Seniority" for the purposes of vacation accrual shall be computed based on total uninterrupted length of service with the City.
5.2 CLASSIFICATION SENIORITY - Classification Seniority is defined as the total time served in the classification or higher classification within the department.
5.3 DEPARTMENT SENIORITY - Department Seniority begins upon fulltime hire in the Department.
5.4 TIES IN SENIORITY - Whenever two or more employees have the same seniority 433
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date, the order of seniority shall be determined by the employee's ranking on the eligibility list.
5.5 SENIORITY LIST - The Department shall provide a seniority list to the OPOA annually in July. The list shall include the employees' name, overall seniority date with the City, current classification seniority date.
ARTICLE 6 - CALL-BACK PAY
6.1 In the event of a call-back or return to duty, an employee shall receive a minimum of two (2) hours, at the regular rate of pay. If the time worked exceeds two (2) hours, then the employee shall receive pay for time worked at the appropriate rate of pay, calculated to the nearest fifteen (15) minutes.
6.2 Should the call-back require an employee to work on a day they are not otherwise scheduled to work because of a normal day off or scheduled vacation, the minimum call-back for the purposes of 6.1 above shall read three (3) hours instead of two (2) hours.
ARTICLE 7 - SHIFT SCHEDULE
7.1 The City shall place all administrative staff (Community Services Officer, Records Technician and Administrative Assistant) on a 5/8 schedule - Monday thru Friday to coincide with other administrative personnel. At the discretion of the Chief of Police, a 4/10 work schedule may be implemented to meet the needs of the department and City.
7.2 Dispatchers shall remain on the 4/10 schedule. However, at the Police Chiefs discretion the schedule may be modified to a 5/8 schedule in order to accommodate staffing deficiencies or other emergency situations. Dispatchers shall revert to the 4/10 schedule once staffing needs or the emergency situation no longer exists.
7.3 Any change in shift rotation shall be subject to meet and confer.
ARTICLE 8 - CLOTHING ALLOWANCE
8.1 Each employee covered by this Memorandum may purchase uniforms in January and July of each year, up to $720 per calendar year. Uniforms may be purchased on account from the City vendor or if purchased elsewhere, employee will pay up front and get reimbursed upon presenting receipts. Reimbursements shall be paid during a normal payroll cycle and shall include any required deductions for taxes and/or pension contributions as applicable. Uniforms shall be purchased according to the Oroville Police Department Uniform Policy No. 1045, for any article for Class A (1045.7), B (1045.7.2), C (1045.7.3) or D (1045.7.4) uniforms.
The City will not pay for or reimburse for any uniform articles that are not mentioned above. If there is a question of whether the uniform article purchase will or will not be 434
Item 7.
reimbursable, employees shall utilize their chain of command to seek prior authorization from the Chief of Police, before said purchases are made.
ARTICLE 9 - SALARY
9.1 SALARY - The City agrees to compensate OPOA employees in accordance with the Classifications and Compensations as set forth in the attached Exhibit "A."
9.2 SALARY STEPS - All salary steps are to be based on merit. Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of the employee's supervising official, length of service, productivity, performance record, special training undertaken, or other pertinent evidence.
SALARY TIER 1 EMPLOYEES - Employees hired before January 1, 2018 shall be a tier 1 employees, which is 5% in between each salary step. To be eligible for advancement to Step F or G, the member must have completed two (2) years in their current classification.
(See exhibit A)
SALARY TIER 2 EMPLOYEES - Employees hired on or after January 1, 2018 shall be tier 2 employees, which is 2.5% in between each salary step. (See exhibit B)
9.3 SALARY INCREASES
• Effective the first pay period following July 1, 2019 the City shall implement a 4% salary increase.
• Effective the first pay period following July 1, 2020 the City shall implement a 4% salary increase.
• Effective the first pay period following July 1, 2021 the City shall implement a 4% salary increase.
ARTICLE 10 - OVERTIME
10.1 Employees required to work in excess of forty (40) hours per week shall receive one and one-half {VA) times their appropriate rate of pay for all hours in excess of forty (40) hours. In computing the hours worked in any week, time off for holidays, vacations and compensatory time off shall be calculated as time worked.
Earned overtime shall be paid in the regular biweekly payroll; provided however, that the employee may elect to have the monetary value of the overtime assigned to an individual account of compensatory time off from duty.
10.2 Time worked contiguous to a normally assigned shift shall be treated as overtime. 435
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10.3 The department shall not change a unit employee's shift solely for the reason of avoiding payment of overtime. In the event that less than 48 consecutive hours advance notice is given by the department to the employee of such change, the first shift shall be compensated at the rate of time and one-half, as a one-time shift-change stipend. This Section shall not apply to voluntary shift trade amongst unit employees.
ARTICLE 11 - COMPENSATORY TIME OFF (CTO)
11.1 COMPENSATORY TIME OFF (CTO) -
Members may accrue compensatory time in lieu of overtime pay. The accrual rate for CTO shall be one and one-half hours for each hour of overtime worked. • No more than 120 hours of CTO may be carried on the books at any time. • A member's decision to elect CTO instead of overtime pay is irrevocable. • Upon separation, the member will be paid at the member's current hourly rate for the remaining CTO balance.
• CTO may be cashed out in March and December. In the case of an emergency, CTO may be cashed out at the discretion of the Chief of Police. • Members have the option of receiving CTO cash out on a separate check. • Requests made 21 days in advance shall be honored, unless, at the Chief of Police's discretion, staffing levels are such that honoring the request would pose an undue hardship on the department.
ARTICLE 12 - BI-LINGUAL PAY
12.1 BI-LINGUAL PAY - Employees proficient to a working level in a non-English language that is commonly encountered in the area, shall receive $200 per month.
Languages currently eligible for bi-lingual pay are: Spanish, Hmong, Mien and Vietnamese, or any other languages as approved by the City Administrator.
ARTICLE 13 - SHIFT DIFFERENTIAL PAY
13.1 SHIFT DIFFERENTIAL PAY - Employees working swing shift (between the hours of 1600 and 0200) shall receive an additional $.58 per hour to their base pay for shift differential. Employees working the graveyard shift (between the hours of 2000 and 0600) shall receive an additional $1.16 per hour to their base pay for shift differential pay.
ARTICLE 14 - DISPATCHER TRAINING INCENTIVE
14.1 DISPATCHER TRAINING INCENTIVE - Qualified Post Certified Public Safety Communication Specialists assigned by Department Management to train new employees shall be paid an additional 5% pay per hour for the hours they perform such training.
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ARTICLE 15 - EDUCATION INCENTIVE
15.1 EDUCATION INCENTIVE - All employees shall be eligible upon receipt of pertinent documentation for education incentive pay as follows:
• B.A. or B.S. degree $250.00/Mo.
• A.A. or A.S. degree or 60 units of $125.00/Mo.
General Education and/or job related courses
The member must have taken undergraduate course work provided by a community college, college, or university or other educational institution, which is recognized and published by the U.S. Secretary of Education, in pursuit of an AA, AS, BA, BS or undergraduate certification. No employee may receive compensation for more than one degree.
ARTICLE 16 - OUT OF CLASS PAY
16.1 An employee assigned to temporary duties of a higher job classification shall not receive the pay of the higher job classification, but shall at the time of the temporary assignment immediately receive 5% above their base pay.
ARTICLE 17 - RETIREMENT BENEFITS
17.1 CLASSIC MEMBERS
All OPOA Non-Sworn members employed with the City prior to January 1, 2013 shall maintain their current CalPERS formula and retirement benefit calculations.
All classic members shall pay a member contribution of 10%.
NEW MEMBERS - Effective January 1, 2013 and upon hire, all new OPOA NonSworn members shall receive the 2%@62 formula and shall pay 50% of the normal cost, as determined by CalPERS, plus an additional 3% cost sharing contribution.. "New members" shall be defined as individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was not a member of another public retirement system prior to that date, and who is not subject to reciprocity with another public retirement system.
MISCELLANEOUS PROVISIONS -
• The City agrees to maintain the 4^*^ Level 1959 Survivor Benefit for all members. • Effective January 1, 2013 or after, new OPOA Non-Sworn members will have their retirement benefit calculations based off their three (3) highest years. • Sick Leave Conversion for P.E.R.S Retirement Credit is available for all members.
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17.2: PUBLIC EMPLOYEE PENSION REFORM ACT:
It is the intent of the Parties that the terms set forth herein be consistent with the provisions of the Public Employee Pension Reform Act ("PEPRA") effective January 1, 2013, as it may be amended from time to time. In the event that the provisions of PEPRA are inconsistent with the provisions of this Agreement, the provisions set forth in PEPRA shall prevail.
ARTICLE 18 - HEALTH BENEFITS
18.1 The City agrees to continue to provide insurance benefits for employees and their dependents who are otherwise qualified and who desire coverage of Health, Dental, Life, Vision, and Long-term Disability insurance.
The City currently contributes the following amounts towards medical insurance:
Tier 1 Health Benefits
[Employees hired prior to February 19, 2019]
Plan
Employee Onl]
Employee +1
Employee
Family
Gold PPO
100%
$756.40
$835.50
HDHP-10%
100%
$729.92
$801.10
Silver PPO
100%
$703.46
$766.68
Tier 2 Health Benefits
Employees hired after February 19, 2019
Plan Gold PPO HDHP-10% Silver PPO
Employee Only Silver PPO Rate Silver PPO Rate 100%
$703.46
Employee + 1 0 I u 1 $766.68
Famil
Employee + 1
The City currently contributes $59.10 per month, per employee, for dental insurance.
The City currently contributes 100% per month, per employee, for vision insurance.
The City currently contributes 100% per month, per employee, for life and long-term disability insurance.
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18.2 HEALTH INSURANCE REVIEW COMMITTEE
The City agrees to participate in the established Health Insurance Review Committee. The Human Resource Analyst and up to two representatives from each City employee group may attend the meeting on behalf of the City of Oroville.
The purpose of the Committee is on-going review of health, dental and vision plans and the making of recommendations to the City Council, City Administrator and the respective employee group regarding benefit levels, services, methods of cost containment, alternative plans and the like. Committee employees shall establish guidelines for conducting meetings, frequency of meetings and the Committee work program. Employee representatives shall not be charged vacation or other leave time if such meetings are held during the employee's normal work hours, nor shall such employees receive overtime or call back pay for service on the committee. The Committee shall have access to such non-confidential information as necessary to carry out its purpose.
18.3 APPROVAL OF FUTURE PLAN CHANGES
A. Both the City and the OPOA will have the opportunity to present proposals on insurance plans and rates. Notwithstanding any provision of this subsection to the contrary, the City employee groups agree that future changes in the health and dental insurance plan benefits or structure shall be approved by a majority of the employees of the City who are covered by the plan who vote on such changes.
B. The Health Insurance Review Committee established in Section 18.2 shall review and recommend to the Oroville City Council those proposed changes in the plan benefits and structure to be voted upon by the employees pursuant to Subsection
18.3 (A). The proposed changes reviewed by the Committee may be initiated by the Committee, or by the City, by and through the City Administrator. After review and acceptance of Committee recommendations by the City Council, the City Clerk shall, within fifteen (15) calendar days, conduct a secret ballot election of covered
18.4 INTERNAL REVENUE CODE SECTION 125 COLLABORATION
The City and the OPOA agree to collaborate in the planning and implementation of a program qualified under Section 125 of the Internal Revenue Code.
18.5 RETIREE MEDICAL
The City agrees that a retired employee or spouse of a deceased retired employee, at their own expense, may purchase health insurance benefits at the current premium rates paid by the City for regular employees.
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18.6 DEFERRED COMPENSATION
The City shall offer regular full-time employees the opportunity to participate in a Section 457 Deferred Compensation Plan.
ARTICLE 19 - LONGEVITY PAY
19.1 In recognition for many years of continuous service as a City of Oroville employee, the City shall make an annual award to each qualifying employee in the educational incentive shown below:
YEARS INCENTIVE
20 years or more $300.00
15-19 years $150.00
The City Council shall decide on the timing and manner for the award presentation.
ARTICLE 20 - VACATION POLICY
20.1 Every employee who, on the most recent anniversary date of employment shall be entitled to vacation as follows:
• 1 through 4 years 80 hours
• 5 through 11 years 120 hours
• 12+ years - 8 hours for each additional year to a maximum of 160 hours.
20.2 VACATION CARRYOVER - The employee shall cease to earn vacation benefits that exceed two (2) times the employee's annual earned vacation. Included in the calculation of the accrual ceiling are the vacation days earned as sick leave incentive, as herein provided.
An employee who has properly attempted to schedule vacation to avoid forfeiture that may be imposed due to the accrual ceiling may petition the Chief of Police and City Administrator to carry over vacation in excess of the ceiling, but in no case shall the excess be subject to pay-off. The Chief of Police has the prerogative to assign the employee time off to avoid excess accrual. No unit employee will lose vacation accrual rights if their vacation is canceled or is denied and, at the time said vacation was requested, an appropriate "vacation slot" was available and was applied for in a timely and proper manner. The employee's payroll check from the City shall serve as notification of the employee vacation accrual.
20.3 An employee who is on leave of absence without pay for a period exceeding thirty (30) consecutive days shall fail to qualify for full vacation benefits but shall be entitled to prorated vacation benefits. An employee whose employment is terminated shall be entitled to prorated vacation.
Vacation shall be prorated by dividing the straight time hours actually worked by 440
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173.3, and then multiplying that factor by 1/12, the vacation the employee would have earned had the anniversary year been fully worked.
20.4 Vacation policy sign up will be conducted in accordance with overall seniority with the Police Department. Employees will be allowed to sign up for any one continuous increment, which they choose and for which they are eligible prior to passing the list. An additional increment of time may be chosen upon recirculation of the list. Once a list is passed on it shall circulate in accordance with seniority without any alteration of rotation or any right for senior employees to bump less senior employee's choices of vacation.
ARTICLE 21 - VACANCIES
21.1 VACANCIES - When a position becomes vacant, the vacancy shall be posted on the department bulletin board for a period of five (5) business days prior to making the opening public.
ARTICLE 22 - HOLIDAYS
22.1 The following holidays shall be observed by the City:
(1) New Year's Day, January 1
(2) Martin Luther King Day, 3^^ Monday in January
(3) Lincoln's Birthday, February 12
(4) President's Day, 3rd Monday in February
(5) Memorial Day, last Monday in May
(6) Independence Day, July 4
(7) Labor Day, the 1st Monday in September
(8) Veteran's Day, November 11
(9) Thanksgiving Day, 4th Thursday in November
(10) The day after Thanksgiving
(11) The day before Christmas
(12) Christmas Day, December 25
(13) Floating Holiday, Refer to Article 23.5
22.2 HOLIDAY PAY:
A. 4/10 rotating shift schedule. Employees shall be compensated for each holiday by ten (10) hours of straight time pay. In the event the employee is required to work on any of the specified holidays set forth above, the compensation shall be one and one-half (IV2) times the straight time rate of pay irrespective of when the holidays may be observed by the employee. The employee may choose to bank holiday hours in a "Holiday Pay" bank. All holiday hours will be cashed out by the first paycheck in December of each year.
B. 4/10 weekday work schedule. Employees shall be compensated for time off in observance of each holiday by ten (10) hours of straight time pay. In the event 441
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the employee is required to work on any of the specified holidays set forth above, the compensation shall be one and one-half (1 Vi) times the straight time rate of pay.
C. 5/8 weekday work schedule. Employees shall be compensated for time off in observance of each holiday by eight (8) hours of straight time pay. In the event the employee is required to work on any of the specified holidays set forth above, the compensation shall be one and one-half (114) times the straight time rate of pay.
22.3 No holiday leave shall be used in place of vacation leave except when the holiday falls within a regularly scheduled vacation leave.
22.4 The employee may choose to bank holiday hours in a "Holiday Pay" bank. All holiday hours will be cashed out by the first pay check in December of each year as prescribed by the Public Employee Retirement System, with the option of having a separate check or include it in payroll.
22.5 The City agrees to provide the employees one floating holiday that must be used by the end of the calendar year. If not used, the benefit will extinguish (no banking).
If the requested time off would require that another person be called back, held over, or the vacancy filled through overtime, the leave will not be granted. The Chief of Police and the City Administrator may grant an extension.
ARTICLE 23 - SICK LEAVE
23.1 Sick leave is a privilege, which can be allowed only in case of actual sickness or injury of such employee or a member of an employee's immediate family, which compels an employee to be absent from work. To qualify for sick leave, an employee must notify his/her supervisor prior to the time set for beginning daily duties, in accordance with such procedures established by the City.
23.2 An employee may be allowed a leave of absence from duty without loss of salary on account of sickness or injury. Sick Leave with pay is cumulative at the rate of eight (8) hours for each month of service beginning the first calendar month following regular probationary employment.
23.3 An employee returning to duty after an absence of more than three (3) consecutive days without loss of salary resulting from sickness or injury shall provide the immediate supervisor for filing in the employee's personnel file, a doctor's certificate or personal affidavit verifying the employee was ill or injured.
23.4 Sick leave shall not be granted to any employee who is absent from duty due to illness or injury incurred while working for other than the City of Oroville.
23.5 An employee who takes a leave of absence without pay for a period in excess of thirty (30) days shall forfeit one (1) day of sick leave benefits for each such 30 day period.
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23.6 Employees shall accumulate unused sick leave without limitation as to a maximum number of days.
23.7 The City shall grant one (1) extra day of vacation with pay for each six (6) consecutive month period, (January-June, July-December) on a calendar year basis in which a member in the unit works without absence other than holiday, vacation, or compensatory time off. The extra vacation day shall be added to the eligible member's balance during the first month following the six-month period in which eligibility was established.
23.8 LONG TERM EMPLOYEES - Employees with 5 or more years of City service as of February 19,2019 that regularly retire from City service may convert up to 100% of their accumulated sick leave to purchase medical insurance, based upon such leave dollar value at the time of retirement.
SHORT TERM EMPLOYEES - Employees with less than 5 years of City service as of February 19, 2019 that regularly retire from City service may convert up to 240 hours of accumulated unused sick leave to purchase medical insurance, calculated by the hourly rate of pay, at the time of retirement, by the number of unused sick leave to a maximum of 240 hours. All other accumulated unused sick leave may be converted to CalPERS service credit.
NEW HIRES - Employees hired after February 19, 2019 are ineligible for retiree medical sick leave conversion.
23.9 An employee shall not be required to use any Sick Leave for medical and/or dental appointment(s) but may use accumulated Vacation time or compensating time off in lieu thereof.
ARTICLE 24 - BEREAVEMENT LEAVE
24.1 Employees who have completed six (6) months of service are entitled to receive up to five (5) days bereavement leave per occurrence, which shall not be charged to the member's sick leave, when compelled to be absent from duty by reason of death, or where death appears imminent, of immediate family. An employee desiring such leave shall notify, in writing, the Department Head of the time of absence expected, and the date of return to City service.
24.2 Immediate family includes the following individuals of an employee's family:
spouse, domestic partner, natural, step or legal child, parent, brother, sister, grandparent, grandchild, brother-in-law, sister-in-law, mother-in-law, father-in-law. 443
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ARTICLE 25 - WIATERNITY LEAVE
25.1 Such leave shall be in accordance with applicable State and/or Federal law pursuant to California Government Code 19991.6.
ARTICLE 26 - MILITARY LEAVE
26.1 Military Leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the City Administrator an opportunity within the limits of military regulations, to determine when such leave shall be taken.
ARTICLE 27 - UNPAID LEAVE
27.1 UNPAID LEAVE - Regular or probationary employees may request, in writing, leave without pay. Response to such request shall be in writing. The Chief of Police may grant a leave of absence without pay for a period not to exceed three (3) months. The leave of absence may be extended up to twelve (12) months by the City Administrator. Leaves of absence longer than twelve (12) months shall require approval by the City Council. Upon expiration of a regularly approved leave or within a reasonable period after notice of return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee, on leave, to report promptly at its expiration shall be deemed to be a resignation and be so notified.
If the approved leave of absence is more than thirty (30) days, the employee:
A. Shall not accrue seniority.
B. Shall not receive contributions towards any benefits.
0. May continue medical benefits and/or life and long-term disability plans; said employee shall be responsible for 100% of the premium costs.
ARTICLE 28 - JURY DUTY
28.1 Every employee who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to their supervisor, shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. No deduction shall be made from the salary of an employee, while being interviewed for or while serving on a jury.
ARTICLE 29 - LIGHT DUTY
29.1 Members unable to perform their regularly assigned duties as a result of illness or injury (on or off the job) may be required to perform duties the City and the member's physician have determined as an acceptable assignment, and shall not impede the member's recovery. The member shall receive the rate of pay in effect 444
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prior to the illness or injury, but that rate of pay shall be reduced by the amount of monies received from any other source to which the City contributes. Assignments under this provision may be full time or part time and shall be based on the Department needs fitting the capability of the disabled member. Member will be assigned to a 40-hour workweek during the Light Duty assignment.
ARTICLE 30 - BULLETIN BOARDS
30.1 A bulletin board shall be provided to the OPOA for use of association business.
This does not include an electronic bulletin board.
ARTICLE 31 - ASSOCIATION DUES
31.1 PAYROLL DEDUCTIONS - The City shall deduct an authorized amount from each employee's paycheck to be remitted monthly to the OPOA. The OPOA shall indemnify and hold the City harmless against any and all claims against the City as a result of implementation of this article.
ARTICLE 32 - RANDOM DRUG AND ALCOHOL TESTING
32.1 OPOA members agree to the City of Oroville's Substance Abuse Policy Statement, administered by DATCO, as outlined in the City of Oroville's Policy and Procedures, for the term of this Memorandum only. Notwithstanding anything to the contrary in the City of Oroville's Substance Abuse Policy Statement, the City may not make any changes in the Policy or its application relative to members of the OPOA without written mutual agreement of the parties.
ARTICLE 33 - LAYOFF PROCEDURE
33.1 LAYOFF PROCEDURE - If the City finds it necessary to impose layoffs then the order of those layoffs shall be determined by Classification Seniority as defined in Section 5.2.
33.2 BUMPING RIGHTS - An employee who is laid off from a higher classification may assume a lower classification based on Overall Seniority as defined in Section 5.1.
33.3 ORDER OF LAYOFFS - Prior to laying off a full time employee all part-time or extra help employees shall be laid off.
ARTICLE 34 - DISCIPLINE
34.1 City Policy, Public Safety Officer Procedural Bill of Rights and Department Policies:
It is the policy of the Department that discipline of Departmental employees be imposed on an appropriate and consistent basis. When an employee engages in misconduct in the judgment of the Department Head, disciplinary action will be initiated.
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When job performance is unsatisfactory in the judgment of the Department Head, disciplinary action may be initiated.
Department Head in the case of the Orovilie Police Department shall be the Chief of Police.
34.2 Definition: As used herein, "disciplinary action" means written reprimand, suspension without pay, reduction in pay, demotion, or dismissal.
34.3 Persons Authorized to Initiate Disciplinary Action: Discipline may be initiated by those authorized in the City Personnel Rules
34.4 Cause for Disciplinary Action: Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples may be found in the City Personnel Rules and Departmental Policies):
A. Misstatement of facts during the hiring process;
B. Falsification of any entry on a City document (e.g., time card, expense report) C. Disclosure of confidential information;
D. Insubordination or willful disobedience;
E. Incompetence, inefficiency, or unsatisfactory job performance; F. Discriminatory, discourteous or unbecoming behavior; G. Theft, misuse, or unauthorized use or possession of City property; H. Dishonesty;
I. Misconduct, i.e., any behavior that brings harm or discredit to the City; J. Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business;
K. Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects or brings discredit to the City; L. Excessive absence or tardiness;
M. Absence without approved leave;
N. Violation of a City rule, policy, or procedure; i.e. Violence in the workplace policy. Unlawful harassment, etc.
O. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's City work performance; and engaging in unauthorized outside employment P. Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position.
34.5 PRELIMINARY NOTICE OF DISCIPLINARY ACTION:
A. A copy of the preliminary notice of disciplinary action shall be served upon the employee either personally or by first class mail and certified mail, return 446
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receipt requested, to the last known address of the employee. The last known address shall be deemed to be the last address that is within the employee's official personnel file. If notice is provided by mail, the employee shall be deemed to have received notice ten (10) workdays after the date of the mailing.
B. The Preliminary Notice shall include:
a. A statement of the nature of the disciplinary action; b. The effective date of the disciplinary action;
c. A statement of the reasons for the disciplinary action citing the item(s) under Article 34.4, or the Personnel Rules which have been violated; d. Any supporting material;
e. A statement advising the employee of the right to appeal the action, the manner and time of which the appeal must be made, and the required content of the appeal; and,
f. The name and address of the person to whom all written communication regarding this appeal shall be sent.
34.6 SKELLY MEETING:
A. An employee who is subject to disciplinary action shall have the right, within five (5) work days after receiving a Proposed Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee or the employee's representative with the employee's consent with the City Personnel Director.
B. Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.
0. Upon a written request for a Skelly meeting, the City shall appoint a "Skelly Officer." The Skelly Officer will meet with the employee, listen to the arguments, and receive documents presented by the employee. Within a reasonable time, and in writing, the Skelly Officer shall respond to the employee and the employee's representative, if applicable. The Skelly Officer may dismiss, modify, or sustain the proposed discipline.
D. If the proposed discipline is sustained or modified by the Skelly Officer, the disciplinary action shall be implemented. A final Notice of Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action.
34.7 APPLICATION OF APPEAL PROCEDURE:
A. Permanent Status: This article shall only apply to employees with permanent status with the City.
B. Probationary Status: An employee in probationary status shall have no right 447
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to grieve or arbitrate release from probationary appointment.
C. Temporary Employee: An employee in a temporary position shall have no right to grieve or arbitrate release from temporary appointment D. Temporary Upgrade (Additional Assignments): An employee in a temporary upgrade status shall have no right to grieve or arbitrate release from temporary upgrade status.
E. A written reprimand shall be appealable only to the City Administrator or his/her designee with the right to present the employee's position and supporting evidence, but no right to confront or cross-examine witnesses.
The decision of the City Administrator or designee shall be final.
F. Upon the request of an employee with the discretion of the Department Head, Chief of Police, or Fire Chief,, a written reprimand, a counseling memorandum or letter of instruction may be removed from an employee's personnel file one year from date of issue in compliance with Public Safety Officers Procedural Bill of Rights codified in the California Government Code 3300-3311 and applicable City Ordinances and Departmental Policies.
34.8 APPEAL OF DISCIPLINARY ACTION:
A. Within ten (10) workdays after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to advisory arbitration. Notice of the appeal must be filed with the City Personnel Office. If the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.
B. Appeals of disciplinary actions to advisory arbitration shall be pursuant to Article thirty five (Grievance Procedure) of this Memorandum of Understanding.
a. An appeal of a disciplinary action is a complaint of a permanent employee to determine whether or not there was cause for the disciplinary action, equitable discipline for the offense committed, bias and or investigatory issues arising during the investigation of the complaint.
b. The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by The Bargaining Unit, self-represented, or independent counsel, and the City, which may be represented by the Personnel Department or counsel.
c. The fees and expenses of the arbitrator, a court reporter, and a transcript if required by the arbitrator, shall be shared equally by both parties. Advisory arbitration is the exercise of due process regarding an employee's property interest in his or her profession. 448
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ARTICLE 35 - GRIEVANCE AND ADVISORY ARBITRATION PROCEDURE
35.1 PURPOSE - This grievance and advisory arbitration procedure shall be used to process and resolve grievances arising under this Agreement.
35.1.1 To resolve grievances informally at the lowest possible level.
35.1.2 To provide an orderly procedure for reviewing and resolving grievances promptly.
35.2 DEFINITIONS -
35.2.1 A grievance is a complaint of one (1) or a group of employees, or a dispute between the City and the Association, involving the interpretation, application, or enforcement of the express terms of the Agreement.
35.2.2 As used in this procedure, the term "immediate supervisor" means the individual who assigns reviews and directs the work of an employee.
35.2.3 As used in this procedure the term "party" means an employee, the Association or the City.
35.2.4 As used herein, representative or the Association representative, if an employee of the City, refers to an employee covered by the OPOA.
35.2.5 As used herein, workday shall represent any day that City Hall is open for business.
35.3 TIME LIMITS - Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of all parties, the time limitation for any step may be extended.
35.4 PRESENTATION - An employee or the Association representative, who is a fulltime employee, or both, may present a grievance while on duty. The City agrees not to exclude employees from grievance hearings for the purposes of suppressing evidence or exclusive testimony.
35.5 EMPLOYEE RIGHTS - The employee retains all rights conferred by Section 3300, et seq., of the Government Code. Grievances pertaining to an individual employee must be signed by the employee personally on all appeals.
35.6 APPLICATION - Grievances shall be brought through this Article.
35.7 INFORMAL DISCUSSION - The grievance initially shall be discussed with the immediate supervisor. Within five (5) workdays, the immediate supervisor shall give a decision or response.
35.8 FORMAL GRIEVANCE - STEP 1 -
35.8.1 If an informal grievance is not resolved to the satisfaction of the grievant, or if there is reason to bypass the informal step, a formal grievance may be initiated. A formal grievance may be initiated no later than:
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35.8.1.1 Ten (10) workdays after the event or circumstances occasioning the grievance; or
35.8.1.2 Ten (10) workdays of the decision rendered in the informal grievance procedure.
35.8.1.3 A formal grievance shall be initiated in writing and shall be filed with the persons designated by the appointing authority as the first level of appeal. The grievant may be represented by the Association representative.
35.8.1.4 Within ten (10) workdays after the initiation of the formal grievance, the designee of the appointing authority at the first level of appeal shall investigate the grievance, and give a decision in writing to the grievant.
35.9 FORMAL GRIEVANCE - STEP 2 - If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within ten (10) workdays to the Chief of Police or designee. The grievant may be represented by the Association or designee. If the appointing authority or designee is the first level of appeal, the grievant may bypass Step 2.
35.9.1 Within ten (10) workdays after the initiation of the Step 2, the designee of the appointing authority at the first level of appeal shall investigate the grievance, and give a decision in writing to the grievant.
35.10 FORMAL GRIEVANCE - STEP 3 - If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision within ten (10) workdays to the City Administrator. The Association or designee may represent the grievant.
35.10.1The City Administrator or designee shall schedule a mutually agreeable time to hear the grievance, which shall be within ten (10) workdays of the receipt of the grievance. The City Administrator or designated representative shall respond in writing to the grievance within ten (10) workdays following the grievance hearing.
35.11 ADVISORY ARBITRATION - STEP 4 - If the City Administrator or designee fails to respond in writing as provided in Step 3, or if the response is not satisfactory to the grievant, the Association shall have the right to refer the matter to advisory arbitration. Such referral shall be made by written demand submitted to the City Administrator within ten (10) workdays of receipt of the Step 3 decision.
35.12 RESPONSE - If the City fails to respond to a grievance within the time limits specified for that step, the grievant shall have the right to appeal to the next step.
35.13 COPY OF DECISION - At each step of the formal grievance procedure, a copy of the decision shall be sent to the Association at the same time as the decision is sent to the grievant.
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35.14 ASSIGNMENT OF AN ARBITRATOR - An arbitrator shall be selected jointly by the parties within ten (10) workdays of receipt of the written demand. In the event the parties are unable to agree on an arbitrator within the time stated, the parties shall solicit from the State of California Mediation/Conciliation Service a list of seven (7) arbitrators. The parties shall alternately strike one name from this list and the remaining name shall be the selected arbitrator.
35.15 FINDINGS - The arbitrator shall submit his/her findings and recommendations in writing to the City and the grievant. 35.16 CITY COUNCIL REVIEW
1. The City Council may approve, modify or reverse the findings of the arbitrator and its decision shall be final.
2. Any decision rendered by the City Council shall be made within twenty-eight (28) calendar days of the receipt of a request, unless extended by the City Council, but in no event more than 45 calendar days.
35.16 COSTS - The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties.
The parties shall bear their own witness fees; however, OPOA shall not be charged any ,witness fees for City employees
35.17 WITNESSES - The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an advisory arbitration hearing held pursuant to the Agreement. The Association agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 36 - CODE OF ETHICS
36.1 OPOA-Non-Sworn members shall abide by the Code of Ethics attached hereto as Exhibit "B".
ARTICLE 37 - PEACEFUL PERFORMANCE
37.1 The City and the OPOA recognize and acknowledge that the services performed by the employees covered by this Memorandum are essential to the public health, safety, and general welfare of the residents of this jurisdiction. The OPOA agrees that under no circumstances during the term of this agreement will the OPOA, recommend, encourage, cause or permit its employees to initiate, recognize, participate in, nor will any employee of the bargaining unit take part in any strike, sit-down, stay-in, sick-out, slow-down, or picketing related to labor relations matters (thereinafter collectively referred to as work stoppage), in any office or department of this jurisdiction nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any employee of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage 451
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until said stoppage has ceased.
ARTICLE 38 - SAVINGS CLAUSE
38.1 Should any portion of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of existing or subsequently enacted legislation or by decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.
ARTICLE 39 - ZIPPER CLAUSE
39.1 This Memorandum constitutes the whole agreement between the City of Oroville and the OPOA. There exists no other agreements or inducements written or oral, other than those expressly provided herein.
Except for emergencies as provided for under California Code Section 3504.5 et seq, the parties mutually agree that during the term of this Memorandum, they will not seek to negotiate or bargain with wages, hours, and terms and conditions of employment whether or not covered by this Memorandum or in negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the City and the OPOA hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this section, the City and the OPOA may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum.
ARTICLE 40 - TERM AND OPENING CLAUSE
40.1 This Memorandum of Understanding shall be effective February 19,2019 and shall remain in effect through June 30, 2022 and shall continue thereafter unless either party gives written notice requesting negotiation of a new Memorandum of Understanding.
The MOU is subject to being reopened if the PERS Employer's Cost rise above 19%. If the MOU is reopened, parties will agree on a neutral third party to do a financial analysis regarding the City's finances. The City will pay the first $10,000 of costs for the analysis, and the remainder will be shared by the City and Employees.
ARTICLE 41 - TOTAL COMPENSATION SURVEY
41.1 If by January 1, 2016, the City's general fund revenue has increased by 10% or more, the City will undertake a total compensation survey, looking at comparable jurisdictions, and, if the City finds that employee compensation is over 5% lower than the comparable jurisdictions, the City will begin discussions to create a corrective plan to correct the discrepancy. General fund revenue will be defined as 452
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Core Revenues, vi^hich included property tax, sales and use tax, transient occupancy tax, utility user tax, franchise tax, and motor vehicle in lieu.
This memorandum recommended to the City Council of the City of Oroville on May 21, 2019.
OROVILLE POLICE OFFICER'S
Joe Deal, OPOA President
Shaun Du Fosee, M^tagni
CITY OF OROVILLE
Tftomas Lar^o, Interim City
Administrator
Approved as to form:
Scott E. Huber, City Attorney
Executed by:
Charles B<^eynolds. Mayor
453
Item 7.
Classifications &
TABLE 19/EFFECTIVE: 02/19/19
CITY OF OROVILLE
Compensation for OPOA Members (Sworn and Non-Sworn Units) SALARY SCHEDULE EXHIBIT "A'
SWORN
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG STEPH Sergeant $63,463.47 $66,636.64 $69,968.48 $73,466.90 $77,140.24 $80,997.26 $85,047.12 $89,299.48 $5,288.62 $5,553.05 $5,830.71 $6,122.24 $6,428.35 $6,749.77 $7,087.26 $7,441.62 $30.51128 $32.03685 $33.63869 $35.32062 $37.08666 $38.94099 $40.88804 $42.93244 Rotational Detective/OIC $53,265.38 $55,928.65 158,725.08 $61,661.34 I64i744.40 l(^;981^62i $71,380.70 $74,949.74 5% Above Police Officer $4,438.78 $4,660.72 $4,893.76 $5,138.44 $5,395.37 $5,665.14 $5,948.39 $6,245.81 $25.60836 $26.88877 $28.23321 $29.64487 $31.12712 $32.68347 $34.31765 $36.03353 Police Officer $50,728.93 $53,265.38 $55,928.65 : $58,725.08 $61,661.33 $64;744;40 $67,981.62 $71,380.70 $4,227.41 $4,438.78 $4,660.72 $4,893.76 $5,138.44 $5,395.37 $5,665.13 $5,948.39 $24.38891 $25.60835 $26.88877 $28.23321 $29.64487 $31.12711 $32.68347 $34.31764 Reserve Police Officer $24.38891 $25.60835 $26.88877 $28.23321 $29.64487 $31.12711 $32.68347 $34.31764Reserve Investigator $25.00000-- NON-SWORN:
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG Police Admin. Assistant $36,759.52 $38,597.50 $40,527.37:l$42^553!^74lifl^^681.43i ^$4i;261'.27„ $3,063.29 $3,216.46 $3,377.28 $3,546.14 $3,723.45 $3,909.62 $4,105.11 $17.67285 $18.55649 $19.48431 $20.45853 $21.48145 $22.55553 $23.68330 Police Dispatcher $36,811^11133,657.35 $40,590.21 «r50.71i ^$49;337.66; $3,068.04 $3,221.45 $3,382.52 $3,551.64 $3,729.23 $3,915.69 $4,111.47 $17.70025 $18.58526 $19.51453 $20.49025 $21.51476 $22.59050 $23.72003 MLE $32,730.58 134,367.11 $36,085.46; i®8^-74:::l39i784.22 $4d 773 4P ;$43362;11 $2,727.55 $2,863.93 $3,007.12 $3,157.48 $3,315.35 $3,481.12 $3,655.18 $15.73586 $16.52265 $17.34878 $18.21622 $19.12703 $20.08338 $21.08755 Police Records Techician $30,803.99 $32,344.19 $33,961.40 :$35,659.47< $37,442.44 i $39^314i56 141,280.29 $2,567.00 $2,695.35 $2,830.12 $2,971.62 $3,120.20 $3,276.21 $3,440.02 $14.80961 $15.55009 $16.32760 $17.14398 $18.00117 $18.90123 $19.84629 454
Item 7.
Classifications &
TABLE 19/EFFECTIVE: 07/01/19
CITY OF OROVILLE
Compensation for OPOA Members (Sworn and Non-Sworn Units) SALARY SCHEDULE EXHIBIT "A"
SWORN ...in;.- i :.:;®;!!;-;
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG STEPH Sergeant $66,002.01 $69,302.11 $721767.211 $76,405.58 $80,225:85 $84,237.15 $88;449.00 $92,871.45 $5,500.17 $5,775.18 $6,063.93 $6,367.13 $6,685.49 $7,019.76 $7,370.75 $7,739.29 $31.73174 $33.31832 $34.98424 $36.73345 $38.57012 $40.49863 $42.52356 $44.64974 Rotational Detective/OIC $55,396.00 $58,165.79 $61,074.08 $64:127.79 $67,334:18 $70,700.89 $74,235.93 $77,947.73 5% Above Police Officer $4,616.33 $4,847.15 $5,089.51 $5,343.98 $5,611.18 $5,891.74 $6,186.33 $6,495.64 $26.63269 $27.96432 $29.36254 $30.83067 $32.37220 $33.99081 $35.69035 $37.47487 Police Officer $52,758.09 $55,395.99 $58,165.79 $61,074.08 $64,127.78 $67,334.17 $70,700.88 $74,235.93 $4,396.51 $4,616.33 $4,847.15 $5,089.51 $5,343.98 $5,611.18 $5,891.74 $6,186.33 $25.36447 $26.63269 $27.96432 $29.36254 $30.83067 $32.37220 $33.99081 $35.69035 Reserve Police Officer $25.36447 $26.63269 $27.96432 $29.36254 $30.83067 $32.37220 $33.99081 $35.69035 Reserve Investigator $25.00000
NON-SWORN ;
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG Police Admin. Assistant $38,229.90 $40,141.40 $42,148.47! $44,255.89 $46,468.68'' $48:792.12 $51,231.72 $3,185.83 $3,345.12 $3,512.37 $3,687.99 $3,872.39 $4,066.01 $4,269.31 $18.37976 $19.29875 $20.26369 $21.27687 $22.34071 $23.45775 $24.63064 Police Dispatcher $38,289.18 $40,203:64 !$42ifii:82i $44,324.51 $46]540.74li$ii867f78- $511311.16 $3,190.77 $3,350.30 $3,517.82 $3,693.71 $3,878.39 $4,072.31 $4,275.93 $18.40826 $19.32867 $20.29511 $21.30986 $22.37536 $23.49412 $24.66883 MLE $34,039.80 $35,741.79 $37i528.88 $39,405.33 $41,375:59' $43,444.37 $45,616.59 $2,836.65 $2,978.48 $3,127.41 $3,283.78 $3,447.97 $3,620.36 $3,801.38 $16.36529 $17.18355 $18.04273 $18.94487 $19.89211 $20.88672 $21.93105 Police Records Techician $32,036.15 $33,637.96 $351319.85 $37,085.85 $38,940:141 $40]887:15 $42,931.50 $2,669.68 $2,803.16 $2,943.32 $3,090.49 $3,245.01 $3,407.26 $3,577.63 $15.40200 $16.17209 $16.98070 $17.82973 $18.72122 $19.65728 $20.64015 455
Item 7.
Classifications &
TABLE 19/EFFECTIVE: 07/01/20
CITY OF OROVILLE
Compensation for OPOA Members (Sworn and Non-Sworn Units) SALARY SCHEDULE EXHIBIT "A"
SWORN
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG STEPH Sergeant $68,642.09 $72,074.19 $75,677.90 $79,461.80 $83,434.89 $87;606.63 $91,986.97 $96,586.31 $5,720.17 $6,006.18 $6,306.49 $6,621.82 $6,952.91 $7,300.55 $7,665.58 $8,048.86 $33.00101 $34.65106 $36.38361 $38.20279 $40.11293 $42.11857 $44.22450 $46.43573 Rotational Detective/OIC $57,611.84 $60,492.43 $63,517.05 $66,692.91 $70,027:55 $73,528.93 $77,205.38 $81,065.64 5% Above Police Officer $4,800.99 $5,041.04 $5,293.09 $5,557.74 $5,835.63 $6,127.41 $6,433.78 $6,755.47 $27.69800 $29.08290 $30.53705 $32.06390 $33.66709 $35.35045 $37.11797 $38.97387 Police Officer $54,868.41 $57,611.83 $60i492.43 $63,517.05 $66,692.S|0 $70,027.54 $73,528.92 $77,205.37 $4,572.37 $4,800.99 $5,041.04 $5,293.09 $5,557.74 $5,835.63 $6,127.41 $6,433.78 $26.37905 $27.69800 $29.08290 $30.53704 $32.06389 $33.66709 $35.35044 $37.11797 Reserve Police Officer $26.37905 $27.69800 $29.08290 $30.53704 $32.06389 $33.66709 $35.35044 $37.11797Reserve Investigator $25.00000 NON^SWORN ^
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG Police Admin. Assistant $39,759.10 $41,747.05 $43^834.140 ):$4]5T026^2^ ^$48^32^41llijfliiso $53;280i:99 $3,313.26 $3,478.92 $3,652.87 $3,835.51 $4,027.29 $4,228.65 $4,440.08 $19.11495 $20.07070 $21.07423 $22.12794 $23.23434 $24.39606 $25.61586 Police Dispatcher" ^ $39i8iM;75i:p$4l8|1^8ii^ $43i9()2:37 $531363:61 $3,318.40 $3,484.32 $3,658.53 $3,841.46 $4,033.53 $4,235.21 $4,446.97 $19.14459 $20.10182 $21.10691 $22.16226 $23.27037 $24.43389 $25.65558 MLE $35i4(0f39 $37,171.46 $39,030.03 F$40t98t^54 $43,03:0.61 82.14 $47,441.25 $2,950.12 $3,097.62 $3,252.50 $3,415.13 $3,585.88 $3,765.18 $3,953.44 $17.01990 $17.87090 $18.76444 $19.70266 $20.68779 $21.72218 $22.80829 Police Records Techician $33,317^60 $34,983.48 $36,732;65 t$38;569.28 $40,497:75:'$42^522:63 $44,648.77 $2,776.47 $2,915.29 $3,061.05 $3,214.11 $3,374.81 $3,543.55 $3,720.73 $16.01808 $16.81898 $17.65993 $18.54292 $19.47007 $20.44357 $21.46575 456
Item 7.
Classifications &
TABLE 19/EFFECTiVE: 07/01/21
CiTY OF OROViLLE
Compensation for OPOA Members (Sworn and Non-Sworn Units) SALARY SCHEDULE EXHiBIT "A'
swoRN
CLASSIFiCATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG STEPH Sergeant $71,387.77 $74,957.16 $78,705.02 $82,640.27 $86,772:28 $91,110.90 $95,666.44 $100,449.77 $5,948.98 $6,246.43 $6,558.75 $6,886.69 $7,231.02 $7,592.57 $7,972.20 $8,370.81 $34.32105 $36.03710 $37.83895 $39.73090 $41.71744 $43.80332 $45.99348 $48.29316 Rotationai Detective/QIC $59,916.31 $62,912.13 $66,057.74 $69,360.62 $72,828.65 $76^470.09 $80,293.59 $84,308.27 SVo Above Police Officer $4,993.03 $5,242.68 $5,504.81 $5,780.05 $6,069.05 $6,372.51 $6,691.13 $7,025.69 $28.80592 $30.24622 $31.75853 $33.34645 $35.01378 $36.76446 $38.60269 $40.53282 Poiice Officer $57,063.15 $59,916.30 $62,912.12 $66,057.72 $69,360.61 $72,828.64 $76,470.07 $80,293.58 $4,755.26 $4,993.03 $5,242.68 $5,504.81 $5,780.05 $6,069.05 $6,372.51 $6,691.13 $27.43421 $28.80592 $30.24621 $31.75852 $33.34645 $35.01377 $36.76446 $38.60268 Reserve Poiice Officer $27.43421 $28.80592 $30.24621 $31.75852 $33.34645 $35.01377 $36.76446 $38.60268Reserve Investigator $25.00000
NON-SWORN
CLASSiFiCATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG Poiice Admin. Assistant $4i;349;46 $43,416.94 $45,587.78 $47,867.17 $50,260.53 $52i773.56 $55,412.24 $3,445.79 $3,618.08 $3,798.98 $3,988.93 $4,188.38 $4,397.80 $4,617.69 $19.87955 $20.87353 $21.91720 $23.01306 $24.16372 $25.37190 $26.64050 Poiice Dispatcher $41,413.58 $43,484.26 $45^658.47 $47,941 ;40 $50,338;47 $52;855.39 $55,498.16 $3,451.13 $3,623.69 $3,804.87 $3,995.12 $4,194.87 $4,404.62 $4,624.85 $19.91038 $20.90589 $21.95119 $23.04875 $24.20119 $25.41124 $26.68181 MLE $36,817.45 $38,658.32 $40,591.23 $42,620.80 $44,75S84 $46,989.43 $49,338.90 $3,068.12 $3,221.53 $3,382.60 $3,551.73 $3,729.32 $3,915.79 $4,111.57 $17.70070 $18.58573 $19.51502 $20.49077 $21.51531 $22.59107 $23.72062 Poiice Records Techiciah $34,650.30 $36,382.82 $38,201.96 : $40]112 06 $42,i;i!7f66,' $44,223.54 $46,434.72 $2,887.53 $3,031.90 $3,183.50 $3,342.67 $3,509.81 $3,685.30 $3,869.56 $16.65880 $17.49174 $18.36633 $19.28464 $20.24888 $21.26132 $22.32439 457
Item 7.
TABLE 19/EFFECTIVE: 02/19/19
CITY
Classifications & Compensation for OPOA
OF OROVILLE
Members (Sworn and Non-Sworn Units) 2nd Tier 2.5% Steps SALARY SCHEDULE EXHiBiT "B"
SWORN
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEP G STEPH ilSSTEPllIJi; STEP J .jSTERiK STEP L STEP M STEPN STEPO Sergeant $63,463.47 $65,050.06 $66,636.64 $68 302.56 $69,968.48 $71,717.69 $73,466.90 $75,303.57; $77,140.24 $79,068.75 $80,997.26 $83,022.19 $85,047.12 $87,173.30 $89,299.48 $5,288.62 $5,420.84 $5,553.05 $5,691.88 $5,830.71 $5,976.47 $6,122.24 $6,275.30 $6,428.35 $6,589.06 $6,749.77 $6,918.52 $7,087.26 $7,264.44 $7,441.62 $30.51128 $31.27407 $32.03685 $32.83777 $33.63869 $34.47966 $35.32062 $36.20364 $37.08666 $38.01382 $38.94099 $39.91451 $40.88804 $41.91024 $42.93244 Rotational Detective/OiC $53,265.38 $54,597.01 $55,928.65 $57,326.87 $58,725.08 $60,193.21 $61,661.34 $63,202.87 $64,744.40 $66,363.01 $67,981.62 $69,681.16 $71,380.70 $73,165.22 $74,949.74 5% Above Police Officer $4,438.78 $4,549.75 $4,660.72 $4,777.24 $4,893.76 $5,016.10 $5,138.44 $5,266.91 $5,395.37 $5,530.25 $5,665.14 $5,806.76 $5,948.39 $6,097.10 $6,245.81 $25.60836 $26.24856 $26.88877 $27.56099 $28.23321 $28.93904 $29.64487 $30.38599 $31.12712 $31.90529 $32.68347 $33.50056 $34.31765 $35.17559 $36.03353 Police Officer $50,728.93 $51,997.15 $53,265,38 $54,597.01 $55;928.65 $57,326;86 $58,725,083 $60;i 93.20 $61:661.33 $63:202;86- $64,744140 $66,363:011 $67,981.62 $69,681.16 $71,380.70 $4,227.41 $4,333.10 $4,438.78 $4,549.75 $4,660.72 $4,777.24 $4,893.76 $5,016.10 $5,138.44 $5,266.91 $5,395.37 $5,530.25 $5,665.13 $5,806.76 $5,948.39 $24.38891 $24.99863 $25.60835 $26.24856 $26.88877 $27.56099 $28.23321 $28.93904 $29.64487 $30.38599 $31.12711 $31.90529 $32.68347 $33.50056 $34.31764 Reserve Police Officer $24.38891 $24.99863 $25.60836 $26.24856 $26.88877 $27.56099 $28.23321 $28.93904 $29.64487 $30.38599 $31.12712 $31.90529 $32.68347 $33.50056 $34.31765 Reserve Investigator $25.00000
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF ■t STEP G-'il STEP H STEP I ' lr STEP J ffiiSTEP^IC- STEP L STEP M Police Admin. Assistant $36,759.52 $37,678.51 $38,597.50 $39.562;43 $40,527.37 $41,540.56- $42,553.74 $43,617.58 $44,681,431 ^$451798.46 $46,915:50' $48,088.39 $49,261.27 $3,063.29 $3,139.88 $3,216.46 $3,296.87 $3,377.28 $3,461.71 $3,546.14 $3,634.80 $3,723.45 $3,816.54 $3,909.62 $4,007.37 84,105.11 $17.67285 $18.11467 $18.55649 $19.02040 $19.48431 $19.97142 $20.45853 $20.96999 $21.48145 $22.01849 $22.55553 $23.11942 $23.68330 Police Dispatcher $36,816.52 $37,736.93; $38,657.35 $39,623.78 $40;590.21 $41,6041973 $42,6191721 $43,685.22 ;$44:750i7i; ;$45;869148:; $461988:25; $48;i 62.95 $49,337.66 $3,068.04 $3,144.74 $3,221.45 $3,301.98 $3,382.52 $3,467.08 $3,551.64 $3,640.43 $3,729.23 $3,822.46 $3,915.69 $4,013.58 $4,111.47 $17.70025 $18.14276 $18.58526 $19.04989 $19.51453 $20.00239 $20.49025 $21.00251 $21.51476 $22.05263 $22.59050 $23.15527 $23.72003 MLE $32,730.58 $33,548.84 $34,367.11 $35,226.29 $36,085.46 $36,987;60~ $37,889174* $38,836.98 $39,784122^ ;$40i778;83;i $41,773.44 $42:817T7 $43,862.11 $2,727.55 $2,795.74 $2,863.93 $2,935.52 $3,007.12 $3,082.30 $3,157.48 $3,236.42 $3,315.35 $3,398.24 $3,481.12 $3,568.15 $3,655.18 $15.7359 $16.1293 $16.5226 $16.9357 $17.3488 $17.7825 $18.2162 $18.6716 $19.1270 $19.6052 $20.0834 $20.5855 $21.0876 Police Records Techician $30,803.99 $31,574.09 $32,344.19 $33,152.79 $33,961.40 $34,810:43 $35,659,471 ;;$36,550.S6; $37,442144 i^38;378.50 $39,314156 $40,297.43 $41,280.29 $2,567.00 $2,631.17 $2,695.35 $2,762.73 $2,830.12 $2,900.87 $2,971.62 $3,045.91 $3,120.20 $3,198.21 $3,276.21 $3,358.12 $3,440.02 $14.8096 $15.1799 $15.5501 $15.9388 $16.3276 $16.7358 $17.1440 $17.5726 $18.0012 $18.4512 $18.9012 $19.3738 $19.8463 458
Item 7.
TABLE 19/EFFECTIVE: 02/19/19
CITY
Classifications & Compensation for OPOA
OF OROVILLE
Members (Sworn and Non-Sworn Units) 2nd Tier 2.5% Steps SALARY SCHEDULE EXHIBIT "B"
■ "Pfi^SWORN
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF i STEPG : STEPH STEP =1"!; STEP J j STEP K - STEP L STEP M STEPN STEPG Sergeant $66,002.01 $67,652.06 $69,302.11 $71,034.66 $72,767.21 $74,586.40 $76,405.58 $78,315.71 $80,225.85 $82,231.50 $84,237.15 $86,343.08 $88,449.00 $90,660.23 $92,871.45 $5,500.17 $5,637.67 $5,775.18 $5,919.56 $6,063.93 $6,215.53 $6,367.13 $6,526.31 $6,685.49 $6,852.63 $7,019.76 $7,195.26 $7,370.75 $7,555.02 $7,739.29 $31.73174 $32.52503 $33.31832 $34.15128 $34.98424 $35.85884 $36.73345 $37.65179 $38.57012 $39.53438 $40.49863 $41.51109 $42.52356 $43.58665 $44.64974 Rotational Detectlve/OIC $55,396.00 $56,780.90 $58,165.79 $59,619.94 $61,074.08 $62,600.94 $64,127.79 $65,730.98 $67,334.18 $69,017.53 $70,700.89 $72,468.41 $74,235.93 $76,091.83 $77,947.73 5% Above Potlce Officer $4,616.33 $4,731.74 $4,847.15 $4,968.33 $5,089.51 $5,216.74 $5,343.98 $5,477.58 $5,611.18 $5,751.46 $5,891.74 $6,039.03 $6,186.33 $6,340.99 $6,495.64 $26.63269 $27.29851 $27.96432 $28.66343 $29.36254 $30.09660 $30.83067 $31.60143 $32.37220 $33.18151 $33.99081 $34.84058 $35.69035 $36.58261 $37.47487 Police Officer $52,758.09 $54,077.04 $55,395.99 $56,780.89 $58,165.79 $59,619.94 $61,074.08 $62,600.93 $64,127:78 ; $65,730.98 $67,334.17 $69,017.53 $70,700.88 $72,468.40 $74,235.93 $4,396.51 $4,506.42 $4,616.33 $4,731.74 $4,847.15 $4,968.33 $5,089.51 $5,216.74 $5,343.98 $5,477.58 $5,611.18 $5,751.46 $5,891.74 $6,039.03 $6,186.33 $25.36447 $25.99858 $26.63269 $27.29851 $27.96432 $28.66343 $29.36254 $30.09660 $30.83067 $31.60143 $32.37220 $33.18150 $33.99081 $34.84058 $35.69035 Reserve Police Officer $25.36447 $25.99858 $26.63269 $27.29851 $27.96432 $28.66343 $29.36254 $30.09660 $30.83087 $31.60143 $32.37220 $33.18150 $33.99081 $34.84058 $35.69035 Reserve Investigator $25.00000
NON-SWORN ' i ' f , ' : _ '
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF STEPG STEP H STEP 1 STEP J STEP K STEP L STEPM Police Admin. Assistant $38,229.90 $39,185.65 $40,141.40 $41,144.93 $42,148.47 $43,202.18 $44,255.89 $45,362.29; $46,468.68 $47,630.40 $48,792.12 $50,011.92 $51,231.72 $3,185.83 $3,265.47 $3,345.12 $3,428.74 $3,512.37 $3,600.18 $3,687.99 $3,780.19 $3,872.39 $3,969.20 $4,066.01 $4,167.66 $4,269.31 $18.37976 $18.83925 $19.29875 $19.78122 $20.26369 $20.77028 $21.27687 $21.80879 $22.34071 $22.89923 $23.45775 $24.04419 $24.63064 Police Dispatcher $38,289.18 $39,246.41 $40,203.64; $41,208.73 $42,213.82 $43,269.17;; $44,324.51 $45,432:63 $46,540.74;«$4Tyr04.26l;$48i867i78; $50,089.47 $51,311.16 $3,190.77 $3,270.53 $3,350.30 $3,434.06 $3,517.82 $3,605.76 $3,693.71 $3,786.05 $3,878.39 $3,975.35 $4,072.31 $4,174.12 $4,275.93 $18.40826 $18.86847 $19.32867 $19.81189 $20.29511 $20.80248 $21.30986 $21.84261 $22.37536 $22.93474 $23.49412 $24.08148 $24.66883 MLE $34,039.80 $34,890.80 $35,741.79 $36,635.34 $37,528.88; $38,467,111 $39,405:331 i$40,390.46; ■541,375.59; $42,409.98 ;IS43i444;37 ;$44,530.48; $45,616,59 $2,836.65 $2,907.57 $2,978.48 $3,052.94 $3,127.41 $3,205.59 $3,283.78 $3,365.87 $3,447.97 $3,534.17 $3,620.36 $3,710.87 $3,801.38 $16.3653 $16.7744 $17.1836 $17.6131 $18.0427 $18.4938 $18.9449 $19.4185 $19.8921 $20.3894 $20.8867 $21.4089 $21.9311 Police Records Techlclan $32,036.15 $32,837.05 $33,637.96 $34,478.91 $35,319.85 $36,202.85 $37,085:851 1^38,012.99 $38,940.14; $39,913.64; $40;887:15^ $41,909.33 $42,931.50 $2,669.68 $2,736.42 $2,803.16 $2,873.24 $2,943.32 $3,016.90 $3,090.49 $3,167.75 $3,245.01 $3,326.14 $3,407.26 $3,492.44 $3,577.63 $15.4020 $15.7870 $16.1721 $16.5764 $16.9807 $17.4052 $17.8297 $18.2755 $18.7212 $19.1893 $19.6573 $20.1487 $20.6401 459
Item 7.
Classifications
CITY
& Compensation for OPOA
TABLE 19/EFFECTIVE: 07/01/20
OF OROVILLE
Members (Sworn and Non-Sworn Units) 2nd Tier 2.
SALARY SCHEDULE
5% Steps
EXHIBIT "B"
SWORN
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEPG 1 STEP H i1 STEP 1 1 STEP J STEP K STEP L STEP M STEP N STEPO Serqeant $68,642.09 $70,358.14 : $72,074.19 $73,876.05 $75,677.90 $77,569.85 $79,461.80 $85,520.76 $87,606.63 $89,796.80 $91,986,97 $94,286.64 $96,586.31 $5,720.17 $6,156,34 $6,306.49 $6,464.15 $6,821.82 1 $6,787.36 1 $6,952.91 1 $7,126.73 $7,300.55 $7,483.07 $7,665.58 $7,857.22 $8,048.86 $33.00101 $35,51733 $36,38361 $41,11575 $42.11857 $43.17154 $46.43573 Rotational Detective/OIC $57,611.84 $59,052.14 $60,492.43 $62,004.74 $63,517.05 $65,104.98 1 $66,692.91 $68,360.23 1 $70,027.55 $71,778.24 $73,528.93 $75,367.15 $77,205.38 1 $79,135.51 $81,065.64 y/% Abov« Police OMicer $4,800.99 $4,921,01 $5,041.04 $5,167,06 $5,293,09 $5,425.41 1 $5,557.74 S5.696.69 $5,835.63 $5,981.52 $6,127.41 $6,280.60 $6,433.78 $6,594.63 $6,755.47 $27,69800 $28,39045 $29.08290 $34.50877 $35.35045 $36.23421 $38.97387 Police OfTicer $54,868.41 $56,240.12 $57,611.83 $59,052.13 $60,492.43 1 $62,004.74 $63,517.05 1 $65,104.97 1 $66,692.90 1 $68,360.22 $70,027.54 $71,778.23 $73,528.92 $75,367.14 $77,205.37 $4,572,37 $4,686,68 $4,800,99 $4,921,01 $5,041,04 ; $5,167.06 $5,293.09 $5,425.41 $5,981.52 $6,127.41 $6,280.60 $6,433.78 $27.69800 $28.39045 $29,08290 $29.80997 $30.53704 $31.30047 $32.06389 1 $32.66549 1 $33.66709 1 $34.50877 835.35044 $36.23420 $37.11797 Reserve Police Officer $26,37905 11 $27.03852 $27.69800 $28.39045 $29.08290 ' $29.80997 $30,53704 1 $31.30047 $32.06389 1 $32.66549 1 $33.66709 ! $34.50877 $35.35044 $36.23420 $37.11797 Reserve Investigator $25,00000 1 1 1 1 1 1 1 1 1 1 1 1 1
NON-SWORN
CLASSIFICATION: STEP A STEP B STEP D STEP E STEP F 1 STEP H STEP J mJiid-M'M STEP L Police Admin. Assistant $39,759.10 $40,753.07 $41,747.05 $42,790.73 $43,834,40 $44,930.26 $48,327.43 $49,535.62 $50,743.80 $52,012.40 $53,280.99 1 $3,313,26 $3,396,09 $3,478.92 $3,565.89 : 33,652,87 $3,744.19 $3,835.51 $3,931.40 $4,027.29 $4,127.97 $4,228.65 $4,334.37 34,440.08 $19.11495 $19.59282 $20,07070 $20.57246 $21.07423 $21.60109 $22.12794 $22.68114 $23.23434 $23.81520 $24.39606 $25.00596 $25.61586 $39,820.75 i $40,816.27 $41,811.78 $42,857.08 $43,902.37 i $44,999.93 $46,097.49 1 $47,249.93 $48,402.37 $49,612.43 $50,822.49 $52,093.05 $53,363.61 $3,571.42 $3,658.53 1 $3,749.99 $3,841,46 ; $3,937.49 $4,033.53 $4,134.37 $4,235.21 $4,341.09 54,446.97 $19,14459 1 $19.62320 $20,10182 $20,60436 $21,10691 1 $21.63458 $22.16226 ! $22.71631 $23.27037 $23.85213 1 $24.43389 $25,04473 $25.65558 MLE $35,401.39 1 $36,286.43 $37,171.46 $38,100.75 $39,030.03 1 $40,005.79 $40,961.54 ! $42,006.07 $43,030.61 $44,106.38 1 $45,182.14 $46,311.70 $47,441.25 $2,950.12 $3,023,87 $3,097.62 $3,175,06 ; $3,252.50 $3,333.82 $3,415.13 $3,500.51 $3,585.88 33,675.53 $3,765.18 $3,859.31 $3,953.44 $17,0199 $17.4454 $17.8709 $18,3177 1 $18.7644 S19.2336 $19.7027 $20.1952 $20.6878 $21.2050 $21.7222 S22.2652 $22.8083 Police Records Techician 1 $33,317.60 $34,150.54 $34,983.48 $35,858.06 $36,732.65 $37,650.97 $36,569.28 $39,533.51 $40,497.75 ! $41,510.19 $42,522.63 $43,585.70 $44,648.77 $2,776,47 $2,845,88 $2,915.29 S2.988.17 $3,061.05 $3,137.58 $3,214.11 $3,294.46 $3,374.81 $3,459.18 $3,543.55 $3,632.14 $3,720.73 $16.0181 $16.4185 $16,8190 1 $17.2395 $17.6599 $18.1014 $18.5429 $19.0065 $19.4701 $19.9568 $20.4436 $20,9547 $21.4658 460
Item 7.
CITY OF OROVILLE
Classifications & Compensation for OPOA Members (Sworn and Non>Swom Units) 2nd Tier 2.5% Steps CLASSiPiCATiON: STEP A i STEP B STEPiiC STEP D STEP E STEPF STEPG STEPH STEP ISi STEP J -STEPIK." STEP L STEP M STEPN STEPO Sergeant $71,387.77 $73,172.47 $74,957.16 $76,831.09 $78,705.02 $80,672.65 $82,640,271 $84,706.28 $86,772.28 $88,941:59 $91^110.90 $93,388.67 $95,666.44 $98,058.11 $100,449.77 $5,948.98 $6,097.71 $6,246.43 $6,402.59 $6,558.75 $6,722.72 $6,886.69 $7,058.86 $7,231.02 $7,411.80 $7,592.57 $7,782.39 $7,972.20 $8,171.51 $8,370.81 $34.32105 $35.17907 $36.03710 $36.93802 $37.83895 $38.78493 $39.73090 $40.72417 $41.71744 $42.76038 $43.80332 $44.89840 $45.99348 $47.14332 $48.29316 Rotational Detective/OiC $59,916.31 $61,414.22 $62,912.13 $64,484.93 $66,057.74 $67,709.18 $69,360.62 $71,094.64 $72,828.65 $74,649.37 $76,470.09 $78,381.84 $80,293.59 $82,300.93 $84,308.27 5% Abovo Polico Officor $4,993.03 $5,117.85 $5,242.68 $5,373.74 $5,504.81 $5,642.43 $5,780.05 $5,924.55 $6,069.05 $6,220.78 $6,372.51 $6,531.82 $6,691.13 $6,858.41 $7,025.69 $28.80592 $29.52607 $30.24622 $31.00237 $31.75853 $32.55249 $33.34645 $34.18011 $35.01378 $35.88912 $36.76446 $37.68358 $38.60269 $39.56776 $40.53282 Police Officer $57,063.15 $58,489.73 $59,916.30 $61,414.21 $62,912.12 $64,484:92 $66,057.72 $67,709.17 $69,360.61 $71,094.63 $72:828:64 $74,649.36 $76,470.07 $78,381.83 $80,293.58 $4,755.26 $4,874.14 $4,993.03 $5,117.85 $5,242.68 $5,373.74 $5,504.81 $5,642.43 $5,780.05 $5,924.55 $6,069.05 $6,220.78 $6,372.51 $6,531.82 $6,691.13 $27.43421 $28.12006 $28.80592 $29.52606 $30.24621 $31.00237 $31.75852 $32.55248 $33.34645 $34.18011 $35.01377 $35.88911 $36.76446 $37.68357 $38.60268 Reserve Police Officer $27.43421 $28.12006 $28.80592 $29.52606 $30.24621 $31.00237 $31.75852 1$32:55248 $33.34645' !! $34.18011 $35.01377 $35.88911 $36.76446 $37.68357 $38.60268 Reserve investigator $25.00000
NON-SWORN i , : f
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEPF -~"step:g:-:' STEP H : STEP 1; STEP J STEP K STEP L STEPM Police Admin. Assistant $41,349.46 $42,383.20 $43,416.94 $44,502.36 $45^587.78 $46,727.48 $47,867.17^ $49,063:85 $50,260.53 ;$51,S17.05 1 $52,773156 $54,092.90 $55,412.24 $3,445.79 $3,531.93 $3,618.08 $3,708.53 $3,798.98 $3,893.96 $3,988.93 $4,088.65 $4,188.38 $4,293.09 $4,397.80 $4,507.74 K617.69 $19.87955 $20.37654 $20.87353 $21.39537 $21.91720 $22.46513 $23.01306 $23.58839 $24.16372 $24.76781 $25.37190 $26.00620 $26.64050 Police Dispatcher $41,413.58 $42,448.92 $43;484.26 $44,571.37 $45,658.47 $46,799:931:$47,941.40 $49:i39;93i $50,338:47; l$5it:596:93i ;^$52,855.39; $54:176:77 $55,498.16 $3,451.13 $3,537.41 $3,623.69 $3,714.28 $3,804.87 $3,899.99 $3,995.12 $4,094.99 $4,194.87 $4,299.74 $4,404.62 $4,514.73 $4,624.85 $19.91038 $20.40813 $20.90589 $21.42854 $21.95119 $22.49997 $23.04875 $23.62497 $24.20119 $24.80621 $25.41124 $26.04653 $26.68181 MLE $36,817.45 $37,737.89 $38;658.32 $39,624.78 $40,591.24 $41,608,021 l$42i620^0l $43:686:321 $44,751:84 :$45i870:64^ l$46:989:43; $48^16437! $49,338.90 $3,068.12 $3,144.82 $3,221.53 $3,302.07 $3,382.60 $3,467.17 $3,551.73 $3,640.53 $3,729.32 $3,822.55 $3,915.79 $4,013.68 $4,111.58 $17.7007 $18.1432 $18.5857 $19.0504 $19.5150 $20.0029 $20.4908 $21.0030 $21.5153 $22.0532 $22.5911 $23.1559 $23.7206 Police Records Techician $34,650.30 $35,516.56 $36,382.82 $37,292.39 $38,201.96 $39,157:00; $40,112.05^ $41,114.85 $42,117.66 $43:170.601 ¥$44323S41 $45,329.13 $46,434.72 $2,887.53 $2,959.71 $3,031.90 $3,107.70 $3,183.50 $3,263.08 $3,342.67 $3,426.24 $3,509.80 $3,597.55 $3,685.29 $3,777.43 $3,869.56 $16.6588 $17.0753 $17.4917 $17.9290 $18.3663 $18.8255 $19.2846 $19.7668 $20.2489 $20.7551 $21.2613 $21.7928 $22.3244 461
Item 7.
Commission Procedure 0-3
Law Enforcement Code of Ethics
Purpose
3-1. Code of Ethics: To insure that all peace officers are fully aware of their individual responsibilities to maintain their own integrity and that of their agency, every peace officer, during basic training, or at the time of appointment, shall be administered the Law Enforcement Code of Ethics, as prescribed in Section 1013 of the Regulations.
Code of Ethics
3-2. AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.
1 WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop selfrestraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department.
Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.
I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God^'') to my chosen profession...law enforcement. ^ Reference to religious affirmation may be omitted where objected to by the officer. 462
Item 7.
CITY OF OROVILLE
RESOLUTION NO. 9229
A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL
DOCUMENTS RELATING THE UPDATED CITY OF OROVILLE POLICY
MANUAL
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the updated City of Oroville policy manual.
b. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting on February 20, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:
Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 463
Item 7.
464
Item 7.