Agenda packet — Oroville City Council, February 20, 2024 (part 1 of 3)

February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
February 20, 2024

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate or observe the Council Meetings.

To Observe the Meeting:

1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09

3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553

4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:

1. Attend the meeting in person

2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half (1.5) minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman
1 February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the annual evaluation of performance related to the following positions: All Department Heads

2. Pursuant to Government Code Section 54957.6, the Council will meet with the Personnel Officer and City Attorney to discuss labor negotiations related to the following bargaining units: All Represented Units.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports

CONSENT CALENDAR
Consent Calendar items 1 - 4 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of Consent Calendar items.

1. Purchase of Motorola Mobile Radios and Associated Equipment The Council may consider authorizing the Fire Department to purchase Motorola mobile radios and associated equipment in an amount not to exceed $36,802.51.

ACTION REQUESTED -

AUTHORIZE THE FIRE DEPARTMENT TO PURCHASE MOTOROLA MOBILE RADIOS AND ASSOCIATED EQUIPMENT.
2 February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

2. Emergency Sewer Repairs and Roadway Resurfacing
Public Works staff recently identified multiple sewer main failures and roadway damage necessitating immediate action. Given the severity of the situation, Duke Sherwood Construction was brought in to undertake emergency repairs on these systems.

ACTION REQUESTED -
APPROVE PAYMENT FOR ALL INVOICES FOR THE WORK COMPLETED.

3. Master Salary Schedule Update
The City Council will consider and adopt the master salary schedule.

ACTION REQUESTED -

APPROVE THE ATTACHED MASTER SALARY SCHEDULE INCLUDING A SALARY RANGE FOR ASSISTANT DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND ELECTRICIAN’S ASSISTANT.

4. Approval of the 06.06.2023 City Council Regular Meeting Minutes The City Council may consider the 06.06.2023 drafted minutes for approval.

ACTION REQUESTED -
APPROVE THE MINUTES OF JUNE 6, 2023 AND AUTHORIZE THE MAYOR TO SIGN.

REGULAR BUSINESS

5. Butte County Behavioral Health Sobering Center Presentation and Funding Request The Council will hear a presentation from Scott Kennelly, Butte County Behavioral Health Director, regarding a proposed Behavioral Health Sobering Center, located in Chico, that would be funded primarily with opioid settlement funds from the County, the City of Chico, and the City of Oroville.

ACTION REQUESTED -

1. DIRECT STAFF TO WORK ON A THREE, FOUR, OR FIVE-YEAR AGREEMENT WITH THE COUNTY TO OPERATE A COUNTY SOBERING CENTER LOCATED IN CHICO;

2. CONSIDER UTILIZING $50,000 OF LOCAL FISCAL RECOVERY FUNDS DURING FISCAL YEAR 2024/25; AND

3. CONSIDER UTILIZING APPROXIMATELY $50,000/YEAR (THE AMOUNT THE CITY

RECEIVES) OF THE OPIOID SETTLEMENT FUND FOR REMAINING FISCAL YEARS OF AGREEMENT.
3 February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

6. Agreement with OurEnergy to Apply For a Grant For a Microgrid Designed to Provide Energy Resiliency During Disaster Events
The Council will receive information regarding a grant opportunity for funding of a microgrid through a program sponsored by Pacific Gas and Electric (PG&E) to provide energy resiliency to the City during disasters.

ACTION REQUESTED - DIRECT THE CITY ADMINISTRATOR TO:

1. ENTER INTO AN AGREEMENT WITH OURENERGY TO EXECUTE A STUDY AND

APPLY FOR A MIP GRANT TO DESIGN AND CONSTRUCT A MICROGRID (ATTACHMENT 3); AND

2. ENTER INTO A NON-DISCLOSURE AGREEMENT WITH PGE (ATTACHMENT 4).

7. Updated Policies for the City of Oroville
The Council will consider the approval of the updated Policy Manual for the City of Oroville.

ACTION REQUESTED -

1. APPROVE OF THE UPDATED POLICIES FOR THE CITY OF OROVILLE AND;

2. ADOPT RESOLUTION NO. 9229 A RESOLUTION OF THE OROVILLE CITY COUNCIL

RATIFYING ALL DOCUMENTS RELATING THE UPDATED CITY OF OROVILLE POLICY MANUAL.

8. Streets Project Overview and Update
The City Council will hear a presentation with a conceptual design framework and the planned public outreach process for improvements on Washington Avenue and Table Mountain Boulevard. The Council will also hear brief updates on other city road projects.

ACTION REQUESTED -

PROVIDE APPROVAL TO MOVE FORWARD WITH THE PUBLIC OUTREACH AND GRANT APPLICATION PROCESSES.

9. Contract with Blue Tent Farms LLC for Goat Grazing Vegetation Management The Council may award a three-year contract to Blue Tent Farms for goat grazing vegetation management services of 15 City owned locations for the amount of $111,716.50 annually for a total of $335,149.50 for three years.

ACTION REQUESTED -

AWARD THE GOAT GRAZING CONTRACT TO BLUE TENT FARMS LLC FOR THE FUEL

REDUCTION AND GOAT GRAZING PROJECT AND DIRECT THE CITY ADMINISTRATOR TO SIGN AGREEMENTS.
4 February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

10. Event Coordinator Fee for Gonzalo "Peewee" Curiel for City Airport Fly In Events On behalf of Council Member Webber and Council Johnstone, Council will consider compensating Gonzalo “Peewee” Curiel a fee for his efforts with City Fly In events at the City Airport.

ACTION REQUESTED -
PROVIDE STAFF DIRECTION WITH REGARD TO COMPENSATING GONZALO “PEEWEE” CURIEL FOR HIS EFFORTS WITH CITY FLY IN EVENTS AT THE CITY AIRPORT.

11. Board / Committee / Commissioner Compensation
On behalf of Council Member Riggs and Vice Mayor Smith, Council will consider requiring the compensation received when Council members serve on certain Council appointed Boards, Committees or Commissions be redirected to the Community Enhancement Fund, to be used to support local projects or events that impact the quality of life of our residents, or provide a community benefit.

ACTION REQUESTED -

PROVIDE STAFF DIRECTION WITH REGARD TO COMPENSATION PROVIDED FOR SERVING ON VARIOUS BOARD / COMMITTEE / COMMISSIONS.

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]
5 February 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

12. FIRST READING OF AN AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION

17.16.010 – ACCESSORY DWELLING UNITS
The City Council will consider amending Municipal Code Section 17.16.010 (“Accessory Dwelling Units”) to bring the City’s ordinance into compliance with state law.

ACTION REQUESTED -
OPEN PUBLIC HEARING AND CONTINUE TO MARCH 5, 2024 CITY COUNCIL REGULAR COUNCIL MEETING.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. January 2024 Fire Department Statistics

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on March 5, 2024 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CHRIS TENNS, CALFIRE ASSISTANT CHIEF - OROVILLE CITY

DIVISION
RE: PURCHASE OF MOTOROLA MOBILE RADIOS AND ASSOCIATED

EQUIPMENT
DATE: FEBRUARY 20, 2024

SUMMARY
Council may consider authorizing the Fire Department to purchase Motorola mobile radios and associated equipment in an amount not to exceed $36,802.51.

DISCUSSION
Staff is requesting to purchase 4 Motorola mobile radios with associated equipment. Funds have already been allocated for this purchase through this year’s budget request.

Radios are crucial at the Oroville Fire Department for facilitating rapid and effective communication among firefighters, emergency responders, and command personnel during emergencies. They ensure seamless communication between firefighters operating in different areas, enabling swift responses, improved situational awareness, and enhanced overall safety for both firefighters and the public. Additionally, radios serve as vital tools for coordinating mutual aid efforts with neighboring departments, ensuring a unified response to large-scale incidents, and optimizing resource allocation. These radios will replace outdated ones in existing apparatus and new incoming apparatus.

FISCAL IMPACT
$36,802.51 from the Fire operational budget.

RECOMMENDATION
Staff recommends council authorize the Fire Department to purchase Motorola mobile radios and associated equipment.

ATTACHMENTS
Quote
7 Item 1.

Page 2 ends

8 Item 1.

Line # Item Number Description Quantity Unit List Price APX™ 8500
1 M37TXS9PW1AN APX8500 ALL BAND HP MOBILE. 2 $6,944.08
1a GA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING. 2 $0.00
1b GA00318AF ENH: 5 YEAR ESSENTIAL SVC. 2 $480.00
1c G831AD ADD: SPKR 15W WATER RESISTANT. 2 $66.00
1d GA00250AA
ADD: BLUETOOTH/WIFI/GNSS FLEXIBLE
CABLE LMR195. 2 $110.00
1e G996AS ENH: OVER THE AIR PROVISIONING. 2 $110.00
1f GA00580AA ADD: TDMA OPERATION. 2 $495.00
1g GA01513AB
ADD: ALL BAND MOBILE ANTENNA
(7/8/V/U). 2 $105.00
1h G53AL ADD: FPP & CLONE APX. 2 $165.00
1i W20CA ADD: KEYPAD MIC GCAI APX. 2 $198.00
1j G51AT ENH:SMARTZONE. 2 $1,650.00
1k GA09001AA ADD: WI-FI CAPABILITY. 2 $330.00
1l GA00805AA
ADD: APX O7 CONTROL HEAD (STANDARD
KEYPAD). 2 $695.00
1m G444AH ADD: APX CONTROL HEAD SOFTWARE. 2 $0.00
1n GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED. 2 $0.00 1o G806BL ENH: ASTRO DIGITAL CAI OP APX. 2 $567.00
1p QA09113AB ADD: BASELINE RELEASE SW. 2 $0.00
Terms and Conditions: Net 30 days
OROVILLE CA, 95966
Contract Name: 36779 - STATE OF CALIFORNIA STPDSW-1311-01 jtrevino@daywirele 408-64
Customer: CITY OF OROVILLE FIRE Currency: USD
Contact Name: John Gaddie
Contact Email: [email protected]
Contact Phone: 5309229009
CITY OF OROVILLE FIRE Quote Date: 2024-01-12 Jim T
2055 W. LINCOLN ST Expiration Date: 2024-03-12 Motorola Manufacture Represe Billing Address: Quote Creat
9 Item 1.
1q G193AK
ADD: ADP ONLY (NON-P25 CAP
COMPLIANT) (US ONLY). 2 $0.00
1r G361AH ENH: P25 TRUNKING SOFTWARE APX. 2 $330.00
APX™ Radio Management
2 T7914A RADIO MANAGEMENT ONLINE. 1 $0.00
2a UA00049AA
ADD: RADIO MANAGEMENT LICENSES
ONLINE. 4 $110.00
APX™ 8500
3 M37TXS9PW1AN APX8500 ALL BAND HP MOBILE. 2 $6,944.08
3a GA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING. 2 $0.00
3b GA00318AF ENH: 5 YEAR ESSENTIAL SVC. 2 $480.00
3c G831AD ADD: SPKR 15W WATER RESISTANT. 4 $66.00
3d GA00250AA
ADD: BLUETOOTH/WIFI/GNSS FLEXIBLE
CABLE LMR195. 2 $110.00
3e G996AS ENH: OVER THE AIR PROVISIONING. 2 $110.00
3f GA00580AA ADD: TDMA OPERATION. 2 $495.00
3g GA01513AB
ADD: ALL BAND MOBILE ANTENNA
(7/8/V/U). 2 $105.00
3h G628AC ADD: REMOTE MOUNT CABLE 17 FT APX. 4 $17.00
3i G53AL ADD: FPP & CLONE APX. 2 $165.00
3j W20CA ADD: KEYPAD MIC GCAI APX. 4 $198.00
3k G51AT ENH:SMARTZONE. 2 $1,650.00
3l GA09001AA ADD: WI-FI CAPABILITY. 2 $330.00
3m GA00805AA
ADD: APX O7 CONTROL HEAD (STANDARD
KEYPAD). 2 $695.00
3n G444AH ADD: APX CONTROL HEAD SOFTWARE. 2 $0.00
3o GA00092AF
ADD: APX DUAL-CONTROL HARDWARE (O7
STANDARD KEYPAD). 2 $627.00
3p GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED. 2 $0.00 3q G806BL ENH: ASTRO DIGITAL CAI OP APX. 2 $567.00
3r QA09113AB ADD: BASELINE RELEASE SW. 2 $0.00
3s G193AK
ADD: ADP ONLY (NON-P25 CAP
COMPLIANT) (US ONLY). 2 $0.00
3t G361AH ENH: P25 TRUNKING SOFTWARE APX. 2 $330.00
10 Item 1.
11 Item 1.

REV001
Notes: (2) APX8500 All Band Radio with Trunking and TDMA. Single 07 control head (2) APX8500 All Band Radios with Trunking and TDMA. Dual 07 Control Heads Includes Radio Management licenses
Ext. List Price Discount % Discount $ Unit Sale Price Ext. Sale Price APC $13,888.16 35.00% $2,430.43 $4,513.65 $9,027.30 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$960.00 0.00% $0.00 $480.00 $960.00 0185
$132.00 35.00% $23.10 $42.90 $85.80 0681
$220.00 35.00% $38.50 $71.50 $143.00 0681
$220.00 35.00% $38.50 $71.50 $143.00 0681
$990.00 35.00% $173.25 $321.75 $643.50 0681
$210.00 35.00% $36.75 $68.25 $136.50 0681
$330.00 35.00% $57.75 $107.25 $214.50 0681
$396.00 35.00% $69.30 $128.70 $257.40 0681
$3,300.00 35.00% $577.50 $1,072.50 $2,145.00 0681
$660.00 35.00% $115.50 $214.50 $429.00 0681
$1,390.00 35.00% $243.25 $451.75 $903.50 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$1,134.00 35.00% $198.45 $368.55 $737.10 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
[email protected]
408-640-9861
ency: USD
Jim Trevino
otorola Manufacture Representative
Quote Number: QUOTE-2486552
Quote Created By:
12 Item 1.
$0.00 0.00% $0.00 $0.00 $0.00 0681
$660.00 35.00% $115.50 $214.50 $429.00 0681
$0.00 0.00% $0.00 $0.00 $0.00 0430
$440.00 35.00% $38.50 $71.50 $286.00 0430
$13,888.16 35.00% $2,430.43 $4,513.65 $9,027.30 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$960.00 0.00% $0.00 $480.00 $960.00 0185
$264.00 35.00% $23.10 $42.90 $171.60 0681
$220.00 35.00% $38.50 $71.50 $143.00 0681
$220.00 35.00% $38.50 $71.50 $143.00 0681
$990.00 35.00% $173.25 $321.75 $643.50 0681
$210.00 35.00% $36.75 $68.25 $136.50 0681
$68.00 35.00% $5.95 $11.05 $44.20 0681
$330.00 35.00% $57.75 $107.25 $214.50 0681
$792.00 35.00% $69.30 $128.70 $514.80 0681
$3,300.00 35.00% $577.50 $1,072.50 $2,145.00 0681
$660.00 35.00% $115.50 $214.50 $429.00 0681
$1,390.00 35.00% $243.25 $451.75 $903.50 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$1,254.00 35.00% $219.45 $407.55 $815.10 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$1,134.00 35.00% $198.45 $368.55 $737.10 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$0.00 0.00% $0.00 $0.00 $0.00 0681
$660.00 35.00% $115.50 $214.50 $429.00 0681
Net Total $33,997.70
Estimated Tax $2,804.81
Estimated Freight $0.00
Grand Total $36,802.51
13 Item 1.
14 Item 1.
gle 07 control head
al 07 Control Heads
Parametric Data
15 Item 1.

EMAILADR = [email protected]
16 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: EMERGENCY SEWER REPAIRS AND ROADWAY RESURFACING
DATE: FEBRUARY 20, 2024

SUMMARY
Public Works staff recently identified multiple sewer main failures and roadway damage necessitating immediate action. Given the severity of the situation, Duke Sherwood Construction was brought in to undertake emergency repairs on these systems.

DISCUSSION
City staff recently discovered significant pipeline failures on multiple segments of the City sewer system through regular CCTV inspections which could have led to sanitary sewer spills. Additionally, deterioration of certain segments of the roadway on Table Mountain Boulevard during winter storms demanded our immediate attention. Dukes Sherwood Construction Inc. was enlisted to conduct necessary repairs at these locations, given their capability for large traffic control and expertise in complex confined space entry.

Emergency Sewer Work
Location 1: Grand Ave - The 8-inch clay pipe experienced a complete failure, which was resolved by replacing it with a new 5-foot-long section of 8-inch pipe.

Location 2: High Street - The drop entrance sewer main connection failed, resulting in a significant void and the introduction of silt and cobble into the main. Repairs involved installing a new drop entrance and spout, along with replacing 5 feet of pipe.

Location 3: The Orange Tree Senior Living Facility experienced a failure of the saddle, tap, and a section of the main. To address this, a new saddle with a 6-foot pipe and a new T connection were installed.

Location 4: At 1200 Myers Street, a manhole was found to have significant degradation, nearing failure. To prevent further deterioration, the manhole underwent complete resurfacing with high-strength grout.

Emergency Roadway Work
The intersection of Table Mountain Boulevard and Riverview Terrace was experiencing failure, with a significant void found due to a collapse of base material from inadequate 17 Item 2.

Page 2 ends

compaction. This required a broader scope of work, including the injection of highperformance slurry to stabilize the trench line road base and ensure proper compaction, as well as restoration of the roadway surface.

FISCAL IMPACT
Emergency Sewer Main Repairs: $54,958.00
Table Mountain Boulevard Sinkhole repairs: $15,177.00
Appropriations would be charged to the Sewer Enterprise Operation Fund 400.4000-6130 and Street Department Fund 100.1170-6225

RECOMMENDATION
The staff recommends that the Council approve payment for all invoices for the work completed.

ATTACHMENTS
Copies of invoices dated 10/04/2023 & 02/08/2024

18 Item 2.

Invoice for:

CITY OF OROVILLE SS REPAIRS
from
Bid Date:

Time: 3:00PM
10/04/2023 Duke Sherwood Contracting Inc.

License: 327827 Type: A
495 Stimpson Rd, Oroville, CA 95965
Oroville, City Of
Quote Number: 155-23 (530) 846-2710

Page 1 of 2 ends

Item Description Quantity Unit Unit Price Total Price
01 Myers Ave North SSMH Trough Repair 1.00 LS 5,353.0000 5,353.00 02 Veatch & High SSMH Drop Repair 1.00 LS 17,697.0000 17,697.00 03 High St SSMain Saddle Repair 1.00 LS 12,289.0000 12,289.00 Total: 35,339.00
Attachment Enclosed ! = Zero Total Price
= Locked Bid-Item
Run by: Doug Sherwood
Estimator: Donald Sherwood Generated by a SharpeSoft Product19 Item 2.

Job Conditions - Attachment 'A'

CITY OF OROVILLE SS REPAIRS

Page 2 of 2 ends

Thank you for giving Duke Sherwood Contracting Inc. the opportunity to offer our services.

INCLUSIONS:

ITEM 1- PERFORM PERMITTED CONFINED SPACE ENTRY INTO EXISTING SSMH AT NORTH END OF MYERS ST., FLUSH MH, PLUG UPSTREAM PIPES AND VAC EXISTING SSMH BASE AND PRESSURE WASH.

CONSTRUCT NEW TROUGH TO FLOW LINE GRADE MATCHING EXISTING PIPES WITH NON SHRINK FAST SETTING GROUT.

ITEM 2- EXCAVATE EXISTING SSMH DROP INLET AT UPPER PIPE AND REMOVE AND REPLACE (AT HIGH/VEACH), BACK FILL PER CITY STANDARD AND PAVE BACK. GROUT NEW DROP INSIDE SSMH.

ITEM 3- EXCAVATE EXISTING SSMAIN AT BROKEN SADDLE REMOVE AND REPLACE. BACKFILL PER CITY STANDARDS AND PAVE.

EXCLUSIONS:

GRADING
SEWER

STORM DRAIN
WATER

SUBGRADE

FINISH GRADE
PAVE

SEAL COAT

STRIPPING & SIGNS

LANDSCAPING
SWPPP

PERMITS
FEES

ENGINEERING

SURVEYING
BONDS
ESCALATION CLAUSE: Oil surcharges for this quote are based on current rack prices for PG 64-10. An increase of $0.60 per ton for every $10.00 increase in liquid asphalt will be reflected in the price at the time of paving.

This proposal is valid for 30 days from the enclosed date.

Thank you,
Doug Sherwood
DIR#:1000007768
Run by: Doug Sherwood Estimator: Donald Sherwood
For Job: CITY OF OROVILLE SS REPAIRS Generated by a SharpeSoft Product 20 Item 2.

Invoice for:

City Of Oroville T+M Daily's 1.17.24-1.25.24
from
Date:

Time: 1:00PM
2/08/2024 Duke Sherwood Contracting Inc.

License: 327827 Type: A
495 Stimpson Rd, Oroville, CA 95965
Oroville, City Of
Job Number: 104-24 (530) 846-2710

Page 1 of 2 ends

Item Description Quantity Unit Unit Price Total Price
01 T+M Daily Work Reports

01.01 1.17.24 & 1.23.24 Daily Work Report 14,916.00
[#1314]

1.00 LS 14,916.0000

01.02 1.25.24 Daily Work Report [#1316] 1.00 LS 15,177.0000 15,177.00

01.03 1.25.24 Daily Work Report [#1315] 1.00 LS 4,703.0000 4,703.00 Total: 34,796.00
Total: 34,796.00
Attachment Enclosed ! = Zero Total Price
= Locked Bid-Item
Run by: Doug Sherwood
Estimator: Peyton Sherwood Generated by a SharpeSoft Product21 Item 2.

Job Conditions - Attachment 'A'
City Of Oroville T+M Daily's 1.17.24-1.25.24

Page 2 of 2 ends

Thank you for giving Duke Sherwood Contracting Inc. the opportunity to offer our services.

INCLUSIONS:

1.) This PCO pricing represents the cost of the work that was completed, and tracked, on a T+M basis from 1/17/24-1/25/24. Please reference the signed/executed Daily Work Reports that are attached below for a better understanding of what scope was completed each day. As you will see in the attached daily reports, the work completed was either S.S. repairs, or sink hole repairs, for the City of Oroville at the locations listed below:
i) 22 Grand Ave [Broken S.S. Repair]
ii) Table Mountain Blvd. & Riverview Terr. Intersection [Repair of (2) Existing Sink Holes] iii) 22 Grand Ave [Broken S.S. Repair Patch Pave]
EXCLUSIONS:

STORM DRAIN
WATER

PREVAILING WAGE

SEAL COAT

STRIPPING & SIGNS

LANDSCAPING
SWPPP

PERMITS
FEES

ENGINEERING

Thank you,
Peyton Sherwood
DIR#:1000007768
Run by: Doug Sherwood Estimator: Peyton Sherwood
For Job: City Of Oroville T+M Daily's 1.17.24-1.25.24 Generated by a SharpeSoft Product 22 Item 2.
23 Item 2.
24 Item 2.
25 Item 2.
26 Item 2.
27 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: LIZ EHRENSTROM, HUMAN RESOURCE/RISK MANAGER
RE: MASTER SALARY SCHEDULE UPDATE
DATE: FEBRUARY 20, 2024

SUMMARY
The City Council will consider and adopt the master salary schedule.

DISCUSSION
The City Council will consider to adopt the updated master salary schedule to include the Assistant Director of Public Works/City Engineer and the Electrician Apprentice salary range.

Both ranges have been previously approved by the Council with the adoption of the job descriptions. This change simply adds these classifications to the master salary schedule.

FISCAL IMPACT
None

RECOMMENDATION
Approve the attached Master Salary Schedule including a salary range for Assistant Director of Public Works/City Engineer and Electrician’s Assistant.

ATTACHMENTS
Master Salary Schedule
28 Item 3.

Revised: February 20, 2024 Approved by Council: 02/20/2024 Mayor $600 Monthly
Council Members $500 Monthly
Treasurer $500 Monthly
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H City Administrator $168,132 $176,538 $185,365 $194,633 $204,365 $214,583 $225,312 Bonus* Annual $14,011.00 $14,711.50 $15,447.08 $16,219.42 $17,030.42 $17,881.92 $18,776.00 Monthly $80.83 $84.87 $89.12 $93.57 $98.25 $103.16 $108.32 Hourly Police Chief $128,100 $134,505 $141,230 $148,292 $155,706 $163,492 $171,666 $180,250 Annual $10,675.00 $11,208.75 $11,769.19 $12,357.65 $12,975.53 $13,624.31 $14,305.52 $15,020.80 Monthly $61.59 $64.67 $67.90 $71.29 $74.86 $78.60 $82.53 $86.66 Hourly Department Heads $122,282 $128,714 $135,486 $142,619 $150,123 $158,028 $166,345 $175,100 Annual $10,190.13 $10,726.16 $11,290.52 $11,884.91 $12,510.21 $13,168.98 $13,862.08 $14,591.67 Monthly $58.79 $61.88 $65.14 $68.57 $72.17 $75.97 $79.97 $84.18 Hourly Assistant Police Chief $106,147 $111,454 $117,027 $122,878 $129,022 $135,473 $142,247 $149,359 Annual $8,845.58 $9,287.86 $9,752.26 $10,239.87 $10,751.86 $11,289.45 $11,853.93 $12,446.62 Monthly $51.03 $53.58 $56.26 $59.08 $62.02997 $65.13 $68.39 $71.81 Hourly Assistant Dir of Comm Devel $86,901 $91,248 $95,811 $100,602 $105,632 $110,913 $116,459 $122,282 Annual $7,241.75 $7,603.98 $7,984.22 $8,383.51 $8,802.64 $9,242.79 $9,704.92 $10,190.13 Monthly $41.78 $43.87 $46.06 $48.37 $50.78 $53.32 $55.99 $58.79 Hourly $111,997 $117,596 $123,476 $129,650 $136,132 $142,939 $150,086 $157,590 Annual $9,333.04 $9,799.69 $10,289.68 $10,804.16 $11,344.37 $11,911.59 $12,507.17 $13,132.53 Monthly $53.84 $56.54 $59.36 $62.33 $65.45 $68.72 $72.16 $75.76 Hourly CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Police Lieutenant $93,935.75 $98,632.54 $103,564.16 $108,742.37 $114,179.49 $119,888.47 $125,882.89 $132,177.03 Annual $7,827.98 $8,219.38 $8,630.35 $9,061.86 $9,514.96 $9,990.71 $10,490.24 $11,014.75 Monthly $45.16142 $47.41949 $49.79046 $52.27999 $54.89399 $57.63869 $60.52062 $63.54665 Hourly Project Mgr./Sr. Civil Engineer $90,475.41 $94,999.18 $99,749.14 $104,736.60 $109,973.43 $115,472.10 $121,245.70 $127,307.99 Annual $7,539.62 $7,916.60 $8,312.43 $8,728.05 $9,164.45 $9,622.67 $10,103.81 $10,609.00 Monthly $43.50 $45.67 $47.96 $50.35 $52.87 $55.52 $58.29 $61.21 Hourly Management Analyst III $80,231.89 $86,905.03 $91,251.75 $95,814.56 $100,604.72 $105,634.62 $110,916.63 $116,463.15 Annual Airport Manager $6,685.99 $7,242.09 $7,604.31 $7,984.55 $8,383.73 $8,802.89 $9,243.05 $9,705.26 Monthly HR Manager $38.57302 $41.78126 $43.87103 $46.06469 $48.36765 $50.78588 $53.32530 $55.99190 Hourly IT Manager
Building Official
Public Works Manager
Assistant Director of Public
Work/ City Engineer

CITY OF OROVILLE MASTER SALARY SCHEDULE

ELECTED OFFICIAL'S STIPEND SCHEDULE
Plus $5/Mtg. Up to 2 Mtgs. Per Month

DEPARTMENT HEAD'S SALARY SCHEDULE

OROVILLE MANAGER'S ASSOCIATION
29 Item 3.

CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Sergeant $73,529.40 $77,205.87 $81,066.16 $85,119.47 $89,375.45 $93,844.22 $98,536.43 $103,463.25 Annual $6,127.45 $6,433.82 $6,755.51 $7,093.29 $7,447.95 $7,820.35 $8,211.37 $8,621.94 Monthly $35.35067 $37.11821 $38.97412 $40.92282 $42.96896 $45.11741 $47.37328 $49.74195 Hourly Rotational Detective/OIC $61,713.79 $64,799.48 $68,039.45 $71,441.43 $75,013.50 $78,764.17 $82,702.38 $86,837.50 Annual 5% Above Police Officer $5,142.82 $5,399.96 $5,669.95 $5,953.45 $6,251.12 $6,563.68 $6,891.87 $7,236.46 Monthly $29.67009 $31.15360 $32.71128 $34.34684 $36.06418 $37.86739 $39.76076 $41.74880 Hourly Police Officer $58,775.04 $61,713.79 $64,799.48 $68,039.46 $71,441.43 $75,013.50 $78,764.17 $82,702.38 Annual $4,897.92 $5,142.82 $5,399.96 $5,669.95 $5,953.45 $6,251.12 $6,563.68 $6,891.87 Monthly $28.25723 $29.67009 $31.15360 $32.71128 $34.34684 $36.06418 $37.86739 $39.76076 Hourly Reserve Police Officer $28.25723 $29.67009 $31.15360 $32.71128 $34.34684 $36.06418 $37.86739 $39.76076 Hourly Reserve Investigator $25.00000 Hourly
CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G Police Dispatch Supervisor $46,068.45 $48,371.87 $50,790.47 $53,329.99 $55,996.49 $58,796.31 $61,736.13 Annual Police Records Supervisor $3,839.04 $4,030.99 $4,232.54 $4,444.17 $4,666.37 $4,899.69 $5,144.68 Monthly $22.14829 $23.25571 $24.41849 $25.63942 $26.92139 $28.26746 $29.68083 Hourly Police Admin. Assistant $42,589.94 $44,719.44 $46,955.41 $49,303.18 $51,768.34 $54,356.76 $57,074.59 Annual $3,549.16 $3,726.62 $3,912.95 $4,108.60 $4,314.03 $4,529.73 $4,756.22 Monthly $20.47593 $21.49973 $22.57472 $23.70345 $24.88862 $26.13306 $27.43971 Hourly Police Dispatcher $42,655.98 $44,788.78 $47,028.22 $49,379.63 $51,848.61 $54,441.04 $57,163.09 Annual $3,554.67 $3,732.40 $3,919.02 $4,114.97 $4,320.72 $4,536.75 $4,763.59 Monthly $20.50768 $21.53307 $22.60972 $23.74021 $24.92722 $26.17358 $27.48226 Hourly MLE $37,921.97 $39,818.07 $41,808.97 $43,899.42 $46,094.39 $48,399.11 $50,819.07 Annual $3,160.16 $3,318.17 $3,484.08 $3,658.29 $3,841.20 $4,033.26 $4,234.92 Monthly $18.23172 $19.14330 $20.10047 $21.10549 $22.16077 $23.26880 $24.43224 Hourly Police Records Techician $35,689.80 $37,474.29 $39,348.00 $41,315.40 $43,381.17 $45,550.23 $47,827.75 Annual $2,974.15 $3,122.86 $3,279.00 $3,442.95 $3,615.10 $3,795.85 $3,985.65 Monthly $17.15856 $18.01649 $18.91731 $19.86318 $20.85633 $21.89915 $22.99411 Hourly Police Recuit $58,775.04 Annual
$4,897.92 Monthly
$28.25723 Hourly
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Associate Civil Engr. $81,324.04 $85,390.24 $89,659.75 $94,142.74 $98,849.88 $103,792.37 $108,981.99 $114,431.09 Annual $6,777.00 $7,115.85 $7,471.65 $7,845.23 $8,237.49 $8,649.36 $9,081.83 $9,535.92 Monthly $39.09810 $41.05300 $43.10565 $45.26093 $47.52398 $49.90018 $52.39519 $55.01495 Hourly Assistant Civil Engr. $74,876.88 $78,620.72 $82,551.76 $86,679.35 $91,013.32 $95,563.98 $100,342.18 $105,359.29 Annual $6,239.74 $6,551.73 $6,879.31 $7,223.28 $7,584.44 $7,963.67 $8,361.85 $8,779.94 Monthly $35.99850 $37.79843 $39.68835 $41.67276 $43.75640 $45.94422 $48.24143 $50.65350 Hourly OPOA SWORN AND NON-SWORN 1ST TIER
1ST TIER OROVILLE CITY EMPLOYEE'S ASSOCIATION SALARY SCHEDULE 30 Item 3.

Associate Planner $62,867.89 $66,011.28 $69,311.85 $72,777.44 $76,416.31 $80,237.13 $84,248.99 $88,461.43 Annual Recycling Coordinator $5,238.99 $5,500.94 $5,775.99 $6,064.79 $6,368.03 $6,686.43 $7,020.75 $7,371.79 Monthly $30.22495 $31.73619 $33.32300 $34.98915 $36.73861 $38.57554 $40.50432 $42.52954 Hourly GIS Specialist $62,168.24 $65,276.65 $68,540.48 $71,967.51 $75,565.88 $79,344.18 $83,311.39 $87,476.96 Annual $5,180.69 $5,439.72 $5,711.71 $5,997.29 $6,297.16 $6,612.01 $6,942.62 $7,289.75 Monthly $29.88858 $31.38301 $32.95216 $34.59976 $36.32975 $38.14624 $40.05355 $42.05623 Hourly Sr. Admin/SBF/PIO $61,116.93 $64,172.78 $67,381.42 $70,750.49 $74,288.01 $78,002.41 $81,902.53 $85,997.66 Annual Assistant City Clerk $5,093.08 $5,347.73 $5,615.12 $5,895.87 $6,190.67 $6,500.20 $6,825.21 $7,166.47 Monthly Cultural Facilities Curator $29.38314 $30.85230 $32.39491 $34.01466 $35.71539 $37.50116 $39.37622 $41.34503 Hourly Assistant Planner $57,882.96 $60,777.11 $63,815.96 $67,006.76 $70,357.10 $73,874.95 $77,568.70 $81,447.14 Annual $4,823.58 $5,064.76 $5,318.00 $5,583.90 $5,863.09 $6,156.25 $6,464.06 $6,787.26 Monthly $27.82835 $29.21976 $30.68075 $32.21479 $33.82553 $35.51681 $37.29265 $39.15728 Hourly Signal Tech/Electrician $56,045.50 $58,847.78 $61,790.16 $64,879.67 $68,123.66 $71,529.84 $75,106.33 $78,861.65 Annual $4,670.46 $4,903.98 $5,149.18 $5,406.64 $5,676.97 $5,960.82 $6,258.86 $6,571.80 Monthly $26.94495 $28.29220 $29.70681 $31.19215 $32.75176 $34.38935 $36.10881 $37.91425 Hourly IT Analyst $54,413.10 $57,133.76 $59,990.44 $62,989.96 $66,139.46 $69,446.44 $72,918.76 $76,564.70 Annual Accounting Analyst $4,534.43 $4,761.15 $4,999.20 $5,249.16 $5,511.62 $5,787.20 $6,076.56 $6,380.39 Monthly Human Resource Analyst $26.16014 $27.46815 $28.84156 $30.28364 $31.79782 $33.38771 $35.05710 $36.80995 Hourly Admin/Program Analyst II $50,732.85 $53,269.49 $55,932.97 $58,729.62 $61,666.10 $64,749.40 $67,986.87 $71,386.21 Annual $4,227.74 $4,439.12 $4,661.08 $4,894.13 $5,138.84 $5,395.78 $5,665.57 $5,948.85 Monthly $24.39079 $25.61033 $26.89085 $28.23539 $29.64716 $31.12952 $32.68600 $34.32030 Hourly Construction Inspector $49,727.06 $52,213.41 $54,824.08 $57,565.29 $60,443.55 $63,465.73 $66,639.02 $69,970.97 Annual $4,143.92 $4,351.12 $4,568.67 $4,797.11 $5,036.96 $5,288.81 $5,553.25 $5,830.91 Monthly $23.90724 $25.10260 $26.35773 $27.67562 $29.05940 $30.51237 $32.03799 $33.63989 Hourly Accounting Technician III $46,828.75 $49,170.19 $51,628.70 $54,210.13 $56,920.64 $59,766.67 $62,755.00 $65,892.75 Annual Code Enforcement Technician III $3,902.40 $4,097.52 $4,302.39 $4,517.51 $4,743.39 $4,980.56 $5,229.58 $5,491.06 Monthly $22.51382 $23.63951 $24.82149 $26.06256 $27.36569 $28.73398 $30.17067 $31.67921 Hourly Apprentice Electrician $46,704.58 $49,039.81 $51,491.80 $54,066.39 $56,769.71 $59,608.19 $62,588.60 $65,718.03 Annual $3,892.05 $4,086.65 $4,290.98 $4,505.53 $4,730.81 $4,967.35 $5,215.72 $5,476.50 Monthly $22.45413 $23.57683 $24.75567 $25.99346 $27.29313 $28.65779 $30.09068 $31.59521 Hourly Program Analyst I $45,204.82 $47,465.06 $49,838.31 $52,330.23 $54,946.74 $57,694.08 $60,578.78 $63,607.72 Annual $3,767.07 $3,955.42 $4,153.19 $4,360.85 $4,578.90 $4,807.84 $5,048.23 $5,300.64 Monthly $21.73309 $22.81974 $23.96073 $25.15876 $26.41670 $27.73754 $29.12441 $30.58064 Hourly Lead Equipment Mechanic $44,914.12 $47,159.83 $49,517.82 $51,993.71 $54,593.39 $57,323.06 $60,189.22 $63,198.68 Annual Lead Public Works Operator $3,742.84 $3,929.99 $4,126.48 $4,332.81 $4,549.45 $4,776.92 $5,015.77 $5,266.56 Monthly Lead Tree Worker $21.59333 $22.67299 $23.80664 $24.99698 $26.24682 $27.55917 $28.93712 $30.38398 Hourly Lead Collection System Operator
Sr. Administrative Assistant $44,596.57 $46,826.40 $49,167.72 $51,626.10 $54,207.41 $56,917.78 $59,763.67 $62,751.85 Annual $3,716.38 $3,902.20 $4,097.31 $4,302.18 $4,517.28 $4,743.15 $4,980.31 $5,229.32 Monthly $21.44066 $22.51269 $23.63833 $24.82024 $26.06125 $27.36432 $28.73253 $30.16916 Hourly Accounting Technician II $42,571.59 $44,700.17 $46,935.18 $49,281.94 $51,746.03 $54,333.34 $57,050.00 $59,902.50 Annual 31 Item 3.

Human Resource Technician $3,547.63 $3,725.01 $3,911.26 $4,106.83 $4,312.17 $4,527.78 $4,754.17 $4,991.88 Monthly $20.46711 $21.49047 $22.56499 $23.69324 $24.87790 $26.12180 $27.42789 $28.79928 Hourly Comm. Devel. Technician III $42,246.05 $44,358.35 $46,576.27 $48,905.08 $51,350.34 $53,917.85 $56,613.75 $59,444.43 Annual Code Enforcement Technician II $3,520.50 $3,696.53 $3,881.36 $4,075.42 $4,279.19 $4,493.15 $4,717.81 $4,953.70 Monthly $20.31060 $21.32613 $22.39244 $23.51206 $24.68766 $25.92205 $27.21815 $28.57906 Hourly Public Works Operator III $40,727.62 $42,764.00 $44,902.20 $47,147.31 $49,504.68 $51,979.91 $54,578.91 $57,307.85 Annual $3,393.97 $3,563.67 $3,741.85 $3,928.94 $4,125.39 $4,331.66 $4,548.24 $4,775.65 Monthly $19.58059 $20.55962 $21.58760 $22.66698 $23.80033 $24.99034 $26.23986 $27.55185 Hourly Administrative Assistant $39,981.71 $41,980.80 $44,079.84 $46,283.83 $48,598.02 $51,027.92 $53,579.32 $56,258.28 Annual Comm. Devel. Technician II $3,331.81 $3,498.40 $3,673.32 $3,856.99 $4,049.83 $4,252.33 $4,464.94 $4,688.19 Monthly $19.22198 $20.18307 $21.19223 $22.25184 $23.36443 $24.53265 $25.75929 $27.04725 Hourly Equipment Mechanic $39,769.28 $41,757.74 $43,845.63 $46,037.91 $48,339.81 $50,756.80 $53,294.64 $55,959.37 Annual $3,314.11 $3,479.81 $3,653.80 $3,836.49 $4,028.32 $4,229.73 $4,441.22 $4,663.28 Monthly $19.11985 $20.07584 $21.07963 $22.13361 $23.24029 $24.40231 $25.62242 $26.90354 Hourly Code Enforcement Technician $39,461.45 $41,434.52 $43,506.25 $45,681.56 $47,965.64 $50,363.92 $52,882.12 $55,526.22 Annual $3,288.45 $3,452.88 $3,625.52 $3,806.80 $3,997.14 $4,196.99 $4,406.84 $4,627.19 Monthly $18.97185 $19.92044 $20.91647 $21.96229 $23.06040 $24.21342 $25.42409 $26.69530 Hourly Public Works Operator II $38,809.31 $40,749.78 $42,787.26 $44,926.63 $47,172.96 $49,531.61 $52,008.19 $54,608.60 Annual Parks Maint. Technician II $3,234.11 $3,395.81 $3,565.61 $3,743.89 $3,931.08 $4,127.63 $4,334.02 $4,550.72 Monthly Building Maint. Tech II $18.65832 $19.59124 $20.57080 $21.59934 $22.67931 $23.81327 $25.00394 $26.25413 Hourly Collection System Operator II
Accounting Technician $38,701.45 $40,636.52 $42,668.35 $44,801.77 $47,041.85 $49,393.95 $51,863.64 $54,456.83 Annual $3,225.12 $3,386.38 $3,555.70 $3,733.48 $3,920.15 $4,116.16 $4,321.97 $4,538.07 Monthly $18.60647 $19.53679 $20.51363 $21.53931 $22.61628 $23.74709 $24.93444 $26.18117 Hourly Public Works Operator I $36,105.09 $37,910.34 $39,805.86 $41,796.15 $43,885.96 $46,080.26 $48,384.27 $50,803.49 Annual Parks Maint. Technician I $3,008.76 $3,159.20 $3,317.16 $3,483.01 $3,657.16 $3,840.02 $4,032.02 $4,233.62 Monthly Collection System Operator I $17.35822 $18.22613 $19.13743 $20.09431 $21.09902 $22.15397 $23.26167 $24.42475 Hourly Custodian
Staff Assistant $33,100.08 $34,755.08 $36,492.84 $38,317.48 $40,233.35 $42,245.02 $44,357.27 $46,575.14 Annual Comm. Devel. Technician I $2,758.34 $2,896.26 $3,041.07 $3,193.12 $3,352.78 $3,520.42 $3,696.44 $3,881.26 Monthly $15.91350 $16.70918 $17.54463 $18.42187 $19.34296 $20.31011 $21.32561 $22.39189 Hourly 32 Item 3.
33 Item 3.
34 Item 3.

June 06, 2023~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 06, 2023

MEETING MINUTES
This meeting was recorded live and can be viewed at cityoforoville.org or on Youtube. The agenda was posted on June 2, 2023 at 12:05pm.

CALL TO ORDER / ROLL CALL
PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman STAFF: City Administrator, Brian Ring; Assistant City Administrator, Ruth Duncan; Assistant City Clerk, Jackie Glover; Community Development and Public Works Director Dawn Nevers, Business Assistance and Housing Director, Amy Bergstrand; Code Enforcement Director, Ron Belser; City Attorney, Scott Huber; Chief of Police, Bill LaGrone

CLOSED SESSION
The Council will held a Closed Session on the following:

1. Pursuant to Government Code section 54957.6, the Council will meet with Labor Negotiators and City Attorney to discuss labor negotiations for the following represented groups: Oroville Management Association; Oroville City Employees Association; Oroville Police Officers Association

2. Pursuant to Government Code Section 54957(b), the Council will meet with the City Administrator and the Personnel Officer related to the following positions: Assistant City Administrator, Director of Code Enforcement, Business Assistance and Housing Director, Assistant Community Development Director, Police Chief, City Administrator

OPEN SESSION

1. Announcement from Closed Session – Direction was given, no action was taken.

2. Pledge of Allegiance – Led by Council Member Webber

3. Adoption of Agenda – Unanimously adopted the agenda by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
35 Item 4.

June 06, 2023~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following members of the public submitted Public Comment: Lonny Lind, Bill Speer, and The Camera Man.

CONSENT CALENDAR
Consent calendar items 1 - 5 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
Approved the minutes of May 16, 2023 by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

2. AWARD OF CONTRACT WITH FRANKLIN COSNTRUCTION, INC. FOR STANFORD

AVENUE SCHOOL PARKING LOT PROJECT AND APPROVAL OF MEMORANDUM OF

UNDERSTANDING WITH OROVILLE CITY ELEMENTARY SCHOOL DISTRICT Awarded a contract to Franklin Construction, Inc. for $227,655.00; allocated $23,000.00 for contingencies; and approved MOU by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
36 Item 4.

June 06, 2023~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5

3. AMENDMENT TO AGREEMENT NO. 3387 FOR PROFESSIONAL SERVICES WITH

NORTHSTAR
Amendment approved by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

4. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. 3365 WITH R. L.

HASTINGS AND ASSOCIATES LLC. TO EXTEND EXPIRATION DATE RELATED TO 20- CDBG-CV-2-3-00112
Adopted Resolution No. 9137- (Agreement No. 3365-1) by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

5. SECOND AMENDMENT OF MEMORANDUM OF UNDERSTANDING AGREEMENT NO. 3358

WITH OROVILLE CITY ELEMENTARY SCHOOL DISTRICT
Amended the MOU between the City of Oroville and the Oroville City Elementary School District through December 31, 2024 and increased the project budget to $509,352 by the following vote:

Motioned by: Council Member Goodson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
37 Item 4.

June 06, 2023~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5

REGULAR BUSINESS

6. 2023 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Direction provided to staff to use 1.5 Million in funds of OTC First Time Home Buyer, and one application for Public Services in the amount of 250,000.

Motioned by: Council Member Thomson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

7. COMMUNITY ENHANCEMENT FUNDING REQUEST
Direction provided to staff to donate 10,000 in funds to the Funding Request (4th of July fireworks) and making 10,000 in match funds (dollar for dollar) available based on donations from the community.

Motioned by: Council Member Thomson; Seconded by: Council Member Johnstone Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Mayor Pittman
Noes: None

Absent: None
Abstention: Vice Mayor Smith

8. LOWERING OF SPEED LIMIT IN SCHOOL ZONES
Direction provided to staff to gather input from local schools (both public and private), identify costs in terms of what the schools would contribute monetarily, if anything.

9. CANCELLATION OF JULY 5, 2023 REGULARLY SCHEDULED CITY COUNCIL MEETING Cancelled the July 5, 2023 Regular City Council Meeting by the following vote:

Motioned by: Council Member Riggs; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Mayor Pittman
Noes: None

Absent: None
Abstention: None
38 Item 4.

June 06, 2023~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5

10. FISCAL YEAR 2023-24 PRELIMINARY BUDGET
Received the FY 2023-24 Preliminary Budget for information.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member submitted Public Comment on this item: Bill Speer

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
Amy Bergstrand, Director of Housing and Business Assistance reported Suzi Kochems would be coming with an update at the next City Council meeting on the Mission Esperanza project.

Bill LaGrone, Chief of Police reported that two police officers will be graduating from the academy. He invited Council Members and the public to attend. LaGrone also reported on the flock cameras.

Ron Belser, Code Enforcement Manager reported the latest statistics from his department to the City Council.

Dawn Nevers, Community Development/Public Works Director reported on the approval of the MOU with the American Planning Association. Bid walk with the Convention Center happened the prior Friday. Architectural Review Committee first meeting held week earlier. Public Works and Streets crews have been working on improving sidewalks.

Ruth Duncan, Director of Finance reported on software implementation with a Go Live date of July 1, 2023. Ms. Duncan also let Council know that the Auditors are scheduled to visit in the following week.

Brian Ring, City Administrator spoke on the meeting with the American Planning Association.

Mr. Ring spoke on key topics and takeaways.

Scott Huber, City Attorney reported that inspection warrants were issued by the court on some properties and they will be moving forward on that issue with Code Enforcement.

2. Future Agenda Items

3. Administration Reports

ADJOURN THE MEETING
The meeting was adjourned at approximately 7:00PM.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 39 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR

SCOTT KENNELLY, DIRECTOR, BUTTE COUNTY BEHAVIORAL
HEALTH
RE: BUTTE COUNTY BEHAVIORAL HEALTH SOBERING CENTER

PRESENTATION AND FUNDING REQUEST
DATE: FEBRUARY 20, 2024

SUMMARY
The Council will hear a presentation from Scott Kennelly, Butte County Behavioral Health Director, regarding a proposed Behavioral Health Sobering Center, located in Chico, that would be funded primarily with opioid settlement funds from the County, the City of Chico, and the City of Oroville.

DISCUSSION
Scott Kennelly, Butte County Director of Behavioral Health, will present a concept of developing a Sobering Center withing the County, where those who are causing local disturbances and are under the influence of drugs or alcohol, could be taken to sober up and obtain services to address substance abuse disorders (in lieu of taking these individuals to the jail or hospital). This would be staffed twenty-four hours/day, seven days/week; would include nurses, recovery specialists, clinicians and health technicians.

The County, the City of Chico and the City of Oroville were awarded opioid settlement funds, which must be used on specific activities/services associated substance abuse disorders and drug addiction. The City currently is anticipated to receive $45,000 - $55,000/year. Currently the City and the County are using these funds to pay for a Housing Navigator position, to assist vulnerable populations within the City that are impacted by substance abuse.

FISCAL IMPACT
$50,000 from the City’s Local Fiscal Recovery Funds (approximately $266,748 is non committed at this time) for fiscal year 2024/25, and $50,000 / year from the opioid settlement funds for future fiscal years.

RECOMMENDATION
40 Item 5.

Page 2 ends

Direct staff to work on a three, four or five year agreement with the County to operate a County sobering center located in Chico;
Consider utilizing $50,000 of local fiscal recovery funds during fiscal year 2024/25; and Consider utilizing approximately $50,000/year (the amount the City receives) of the opioid settlement fund for remaining fiscal years of agreement.

ATTACHMENTS
None.
41 Item 5.

Butte County Behavioral
Health Sobering Center
42 Item 5.

Opioid Settlement
 Nationwide Settlements from the three largest
pharmaceutical distributors and manufacturers
 Payments paid over 18 years
 The state requires 50% of the funds to be spent on
one or more High Impact Areas
 Remaining funds to be spent across abatement
categories developed by the state
43 Item 5.

High Impact Abatement Strategies
HIGH IMPACT ABATEMENT STRATEGIES (50% MANDATORY)
1 Substance Use Disorder (SUD) facilities within the Behavioral Health Continuum Infrastructure Program
2 New or expansion of existing SUD treatment infrastructure 3 Communities of color and vulnerable populations disproportionately impacted by SUD
4 Diversion of people with SUD from the justice system into treatment 5 Interventions for prevention of drug addiction in vulnerable youth 44 Item 5.

Core Abatement Strategies

CORE ABATEMENT STRATEGIES (SCHEDULE A-PRIORITY)
A Naloxone or other FDA-approved drugs to reverse opioid overdoses B Medication-Assisted Treatment (MAT)
C Pregnant and postpartum women
D Expanding treatment for Neonatal Abstinence Syndrome
E Expansion of warm hand-off programs and recovery services F Treatment of incarcerated populations
G Prevention programs
H Expanding syringe service programs
I Evidence-based data collection and research analyzing the effectiveness of the state abatement strategies
45 Item 5.

Sobering Center
 Open 24/7
 Staffed include nurses, recovery specialists,
clinicians, and health technicians.
 Helps to break the cycle of incarceration and/or
hospitalization.
 Reduced cost to law enforcement and emergency
services.
 Opportunity to engage addicts at critical moment and
to connect to treatment onsite.
46 Item 5.

Sobering Center
 Horizon Treatment Services was awarded the RFP
for a 12 bed Sobering Center in Chico.
 Annual cost is $2,000,000 a year to operate
countywide.
 Butte County Opioid Settlement funds available for
Sobering Center per year $ 1,535,000
 Estimated annual Medi-Cal revenue $150,000 to
start.
 Remaining unfunded amount $315,000
47 Item 5.

Sobering Center
 City of Oroville allocation is approximately $45,000- $50,000
 City of Chico allocation is approximately $115,000-
$120,000
48 Item 5.

Request
 City to use opioid settlement funds to assist with
Sobering Center
 Remaining funds to come from Sheriff jail MAT
Opioid funding.
 5 year contract with option to extend
49 Item 5.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: AGREEMENT WITH OURENERGY TO APPLY FOR A GRANT FOR A

MICROGRID DESIGNED TO PROVIDE ENERGY RESILIENCY DURING

DISASTER EVENTS
DATE: FEBRUARY 20, 2024

SUMMARY
The Council will consider entering into an agreement with OurEnergy to conduct a study and apply for grant funding to construct a microgrid through a program sponsored by Pacific Gas and Electric (PG&E) to provide energy resiliency to the City during disasters.

DISCUSSION
During the February 6, 2024, regular City Council meeting, staff introduced an opportunity to apply for a competitive grant that would fund a microgrid project within the City which would provide energy resiliency in the event of a disaster, reduce energy costs and decrease emissions. OurEnergy has provided a proposal (Attachment 1) to the City to apply for a grant through the Microgrid Incentive Program (MIP). The State of California Public Utilities Commission (CPUC) has mandated that the big three investor-owned utilities (IOUs), (PG&E, Southern California Edison, and San Diego Gas and Electric), operating within the State provide new programs and grants for communities that are within the defined CPUC high-risk disaster zones (Attachment 2) for the purposes of energy resiliency during disasters. The overall ruling stems from Senate Bill 1339 “a bill enacted in 2018, directs the California Public Utilities Commission, in consultation with the California Energy Commission and California Independent System Operator, to undertake a number of activities to further develop policies related to microgrids. The legislation added Chapter 4.5, Sections 8370-8372 to California's Public Utilities Code.” https://www.cpuc.ca.gov/resiliencyandmicrogrids/ The current program under PG&E is referred to as the MIP https://www.pge.com/mip The MIP provides a pathway for Communities, Tribes and community-based organizations to apply for up to $18M in grant funding to develop community microgrids that serve at least two PG&E-meter account IDs meeting the requirements of being critical community facilities, to be powered by a new community microgrid project.

The OurEnergy team assessed a number of communities throughout the State to determine which cities may have high potential to meet the criteria of the program and determined that the City of Oroville is a candidate with a high probability of success. OurEnergy reached out to 50 Item 6.

Page 2 ends

staff to present the opportunity and has been working with staff through the preliminary steps towards approval.

After further review the OurEnergy team determined that a meeting with PGE would be appropriate to explore the City’s potential for funding. PGE has provided feedback that the City of Oroville meets the requirements of the program.

There are a series of grants provided through this program leading to the total of up to $18M per project. The first grant provides a consulting reimbursement of up to $25,000 for executing a preliminary feasibility study and submitting a grant application that conforms to PG&E’s application requirements. If the grant application scores well and is successful, then the City of Oroville may be awarded additional funding toward the development of a resiliency microgrid that will allow the continued operation of selected critical City facilities during disasters.

OurEnergy is requesting $20,000 to perform the preliminary study, facilitate technical consults with PG&E, and submit a MIP grant application.

To start the process, OurEnergy is requesting a $5,000 good faith deposit. The City would pay the remaining $15,000 to OurEnergy following submission of a conforming MIP application and the City’s receipt of the $25,000 consulting reimbursement. The City may then reimburse itself $10,000 from the consulting reimbursement, to recoup the original $5,000 deposit plus offset another $5,000 toward staff time applied to working with OurEnergy on the study and application.

If a microgrid grant is awarded, and once a microgrid is constructed, the City could own the system or contract with a third party to own and operate the system and would receive all the energy benefits the system generated by offsetting a portion of the City’s energy needs during normal ‘blue sky” operations, and then could "island” those facilities within the microgrid area during times of PG&E grid outages. An island is a designated area that would remain energized in the event of a power outage due to a disaster. Some of the critical facilities that have been identified are the Public Safety facility, the sewage treatment plant, Oroville Corporation Yard, Oroville Hospital, and facilities that would become areas of refuge for people displaced due to a disaster.

While many of the facilities listed above have backup generator systems in place, back-up generators are becoming increasingly difficult to own and operate due to increasing regulation, reporting, and maintenance. Fuel availability may be a concern if delivery access is found to be compromised. A resiliency related microgrid may not completely supplant the need for backup energy generation but could provide redundancy for additional confidence that energy will be available when needed in a disaster.

The example microgrid as presented to Council on February 6, 2024, was an exaggerated version of what could be possible. Staff, and the OurEnergy team would work through the MIP Application study period to determine a microgrid that would make the most sense for the City in the event of a disaster, while requiring little to no additional cost to the City. Staff would return to the Council with the microgrid development plan, prior to submittal of the plan.

FISCAL IMPACT
51 Item 6.

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A good faith deposit to OurEnergy of $5,000, to be refunded if PG&E finds that a conforming MIP application has been submitted.

RECOMMENDATION
Direct the City Administrator to; (1) enter into an agreement with OurEnergy to execute a study and apply for a MIP grant to design and construct a microgrid (Attachment 3), (2) enter into a Non-Disclosure Agreement with PGE (Attachment 4).

ATTACHMENTS

1. OurEnergy Proposal (Attachment A to Professional Services Agreement)

2. Screenshot of CPUC High-Fire zone as relates to Oroville

3. Professional Services Agreement with OurEnergy

4. Non-Disclosure Agreement with PGE
52 Item 6.

Prepared For:

Patrick Piatt
Community Development Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
(530) 538-2430 x2402
cityoforoville.org
[email protected]
Prepared By:

OurEnergy
101 Cooper Street
Santa Cruz, CA 95060
831.200.3969
ourenergyco.com
Proposal Date:

February 16, 2024
Project Title:

City of Oroville
PG&E Microgrid Incentive Program
Preliminary Feasibility Study &
MIP Grant Application
101 Cooper Street, Santa Cruz, CA 95060 | 831.200.3969 | ourenergyco.com Attachment 1
53 Item 6.

Grant Application: Microgrid Incentive Program
February 16, 2024
Patrick Piatt
Community Development Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Subject: Grant Application for Microgrid Incentive Program Dear Patrick,
OurEnergy takes pride in serving clients to plan and implement the most cost-effective renewable energy, electrification and advanced energy systems to increase resilience, reduce energy costs, and decrease emissions. We provide independent energy expertise, above the influence of systems vendors. Attributes that make our firm exceptionally qualified include:
● Deep understanding of renewable and advanced energy technologies, products, economics and trends.
● A focus on risk management and finance options with sophisticated risk analysis and mitigation. ● Highly vetted approach and process.
● Full spectrum advanced energy project development services, feasibility through operations. ● Independent. OurEnergy inherently takes a technology-agnostic approach to find the most appropriate solutions.
● Flexible and nimble. We offer a range of delivery structures from Owner’s Engineer to full scope development.

This is an exciting project that fits our expertise and service offerings well. I look forward to the opportunity to work with the City of Oroville, and hopefully build a long and fruitful relationship.

Sincerely,
Dustin Jolley, PE, LEED AP
CEO, Founder & Principal
February 16, 2024 Page 1
54 Item 6.

Grant Application: Microgrid Incentive Program
Project Background
This proposal documents OurEnergy’s offer to assist the City of Oroville in applying for grant funding toward designing and building a community-resilience microgrid.

The California Public Utilities Commission (CPUC) is offering up to $18 million in grant funding to qualifying municipalities. The grant fund is referred to as the “Microgrid Incentive Program” (MIP). The purpose of a MIP grant is to provide funds for study, design, construction, and commissioning of a microgrid that energizes critical community facilities. In Northern California, CPUC has charged Pacific Gas & Electric (PG&E) with administration of MIP. The initial tranche of grant funds becomes available in Q2 2024, with applications due before then.

Toward processing and evaluating the MIP application, PG&E requires that the applicant work with a qualified engineering consulting firm to: 1) perform a preliminary techno-economic feasibility study, 2) represent and advise the city in a series of technical meetings with PG&E, and 3) compile and submit all MIP application-required documentation. To help applicants offset the costs of the study and grant application, MIP offers a $25,000 consulting reimbursement grant for the submission of a conforming MIP application, regardless of whether a MIP grant is ultimately awarded.

To apply for a MIP grant, an applicant must meet two key criteria. Applicants must be both vulnerable to PG&E outages and be located in a Disadvantaged and Vulnerable Community (DVC) zone, based on historical and census data. The City of Oroville meets both of these criteria. PG&E data indicates electrical power vulnerability to multiple Public Safety Power Shutoff (PSPS) events, and PG&E lines feeding the city may be subject to Tiers 2 & 3 High Fire-Threat Districts. US Census data shows Oroville to be in a DVC zone.

The primary goal of the MIP grant is to increase critical infrastructure resilience against PG&E energy supply limitations, power shutoffs, and natural disasters. Another goal is to deliver economic benefits, including potentially reduced energy bills and/or reduced future energy infrastructure upgrade investments for the city and the community. Further, by utilizing any renewable energy resources that prove to be feasible, there will be environmental benefits as well.

For the purpose of MIP grants, a microgrid is defined as a collection of PG&E-metered accounts combined with front-of-meter interconnected and qualifying behind-the-meter distributed energy-generation resources (DERs) (e.g., solar, wind, generators, etc.) that are contained within a clearly defined electrical distribution boundary. A MIP-funded microgrid must offer the ability for at least two separate meter accounts to disconnect from and reconnect to PG&E’s grid.

Common terms used to describe fundamental microgrid capabilities are “blue sky mode” and “island mode.” In “blue sky mode” PG&E’s grid is operating normally and the microgrid and microgrid DERs are interconnected with PG&E. In “island mode” the microgrid disconnects from PG&E’s grid and utilizes its own energy generation, independently from PG&E, for up to a specified period of time. MIP February 16, 2024 Page 2
55 Item 6.

Grant Application: Microgrid Incentive Program
qualifications require a minimum capacity of 24 hours of independent operation. Microgrid customers often prefer the ability to sustain protection against grid power outages for longer than 24 hours.

OurEnergy understands that the City of Oroville desires to apply for up to $18 million in MIP grant funding. The grant awarding process is competitive, and there is no guarantee that a grant will be awarded or that a full amount of $18 million will be awarded.

PG&E has provided a point system by which the MIP grant awards will be scored. During the preliminary feasibility study and grant application process, OurEnergy will apply its expertise and work with Oroville staff to evaluate and propose a microgrid approach to optimize the best possible competitive scores for Oroville’s grant application.

OurEnergy and City of Oroville staff members have already engaged in an initial informational consultation with PG&E. PG&E has indicated that Oroville scores highly in its qualifications for a MIP grant. Thus all conditions look quite favorable for Oroville’s grant application to qualify for, at the very least, a $25,000 application reimbursement.

Regardless of whether a large MIP grant is awarded, as long as Oroville and OurEnergy work together to satisfactorily complete the MIP application’s required checklist and propose a conforming project, PG&E will reimburse up to $25,000 toward consulting and grant application submission.

OurEnergy is expertly qualified and would be honored to assist the City of Oroville toward studying the feasibility of a municipal microgrid project, making optimized planning recommendations, and submitting the highest quality MIP grant application.

Proposed Approach & Scope:

Task 1: Discovery & Fact Finding
As part of a previous PG&E informational consultation, City of Oroville representatives have already provided an initial wish list of sites and facilities to consider for inclusion within a community microgrid.

Upon approval of this proposal, OurEnergy will engage with city representatives to narrow this list to fit within a preliminary feasibility study required for the MIP application stages to follow.

To lay the groundwork for a preliminary feasibility study, OurEnergy will meet with City staff to consider up to two microgrid boundary alternatives that could encapsulate and serve power to select, prioritized sites or facilities, possibly from this list:
● Public Safety Center (Police & Fire)
● County Jail
● Wastewater Treatment
● City Water Supplies
● Community Hospital
● Municipal Airport
February 16, 2024 Page 3
56 Item 6.

Grant Application: Microgrid Incentive Program
● Corporate Yard & Offices
● Tribal Health Center
● Veterans Housing
● City Hall
● Convention Center
● Schools
● Commercial Thoroughfare
○ Petroleum Fueling Stations
○ Grocery Stores
○ Motels
Encapsulating the entire list would require a microgrid development and construction budget far exceeding $18 million. Although additional government grants and/or public/private funding options may be available to finance such a project, and OurEnergy is quite capable of delivering such a project, a winning MIP application will require a strategic approach and may not include a request for the maximum funding amount. It is important to note that for the MIP program, a smaller grant request can score more highly in the competition, because overall scoring is based on the community benefit scoring divided by the amount of grant funds requested.

The above list does provide a starting point for discussions, and narrowing this list to two alternative boundary locations will be the goal of this Task 1. In the early days of kicking off Task 1, City representatives are welcome to add or remove wishlisted sites or facilities, and OurEnergy will advise in the process.

During this Task 1, OurEnergy will:
● Meet with City staff and discuss PG&E’s scoring system and consider location options ● Collect information to support evaluation of two microgrid boundary options, including:
○ Factors driving needs for improved resilience
○ Predicted community benefits
○ Number of PG&E meter accounts included
○ Number of PG&E microgrid isolation points required
○ Energy use history, trends, and projections for future needs ○ Pre-existing energy resources that may be utilized to reduce microgrid costs ○ Size, type, configuration and location(s) of new microgrid DERs ○ Overall MIP scoring considerations
● Analyze and report on the information collected
● Recommend a single microgrid boundary option best suited to score highly toward the MIP grant application.

February 16, 2024 Page 4
57 Item 6.

Grant Application: Microgrid Incentive Program
Task 2: MIP Study & Application Stage 1: Consultation
OurEnergy’s Task 2 is to assist the City in entering Stage 1 of the MIP grant application process. This requires a series of technical consultations with PG&E, whereby OurEnergy and the City will present and iteratively refine a microgrid project proposal with PG&E’s involvement.

From this Task 2 through the completion of Task 3 with the concluding deliverables of this proposal, OurEnergy will follow PG&E’s requirements for a conforming MIP application, specified in “Stage 1:

Consultation” and “Stage 2: Application” as documented in the PG&E MIP Handbook, found at https://www.pge.com/assets/pge/docs/save-energy-and-money/rebate-and-incentives/PGE-MIP-Handb ook.pdf.html.

The goals of PG&E’s Stage 1 are:
● Identify resiliency needs within the community
● Discuss potential projects/energy solutions to meet community’s need ● Review the eligibility requirements for MIP funding
● Discuss with Applicant’s engineering partner any design challenges, and coordinate on solutions in preparation for application
OurEnergy and City staff have already completed an Initial Resilience Consultation with PG&E, as described on page 15 of the PG&E MIP Handbook. Based on this consult, PG&E provided the go ahead to request the next step, a Microgrid Technical Consultation.

The following deliverables are required to open technical consultations with PG&E and to open the grant application process:
● Proposed Single Line Diagram (30% design)
● Proposed Site Map, including:
○ Planned Project Energy Generation Resources
○ Proposed Microgrid Electrical Boundary
○ Proposed Point of Interconnection for planned and existing Project Resources ○ Proposed Microgrid Islanding Point, if known
○ Location of controls and networking rack, if known
● List of customers to be served by the microgrid, including PG&E Meter Account IDs ● Proposed new generation type and size (e.g., Battery Energy Storage System – 1 MW/2MWh) and manufacturer, if known
● When in Island Mode, the desired minimum number of consecutive hours of service ● Evidence of Technical Representation
○ Engagement Letter from the Applicant Engineer (OurEnergy) ○ Name and contact for any engineering or development resources assisting the community (one contact per involved party)
○ Applicant experience attestation
February 16, 2024 Page 5
58 Item 6.

Grant Application: Microgrid Incentive Program
Following a continuing series of project feasibility evaluation actions and PG&E technical consultations, PG&E will provide templates to begin reviewing contractual conditions and processes that will emerge from the grant application process. Those templates will include:
● MIP Grant Agreement
● Information on the generator interconnection process
● Microgrid Island Study Agreement
● Microgrid Special Facilities Agreement
● Microgrid Operating Agreement (MOA)
Task 3: MIP Study & Application Stage 2: Application
At the completion of this Task 3 and this proposal’s Scope of Work, OurEnergy and City staff will have submitted a MIP grant application to PG&E.

The goals of PG&E’s Stage 2 are:
● Develop and gather information for your MIP Application ● Complete and submit the MIP Application to PG&E during a MIP Application Window ● Complete the Grant Agreement
OurEnergy will compile, review with Oroville staff, and submit the following MIP Application requirements:

Project Description
● Executive Summary describing the project, the resilience need it serves, its location, microgrid boundary and islanding point(s)
● A demonstration of how the project meets eligibility requirements “A” (Vulnerable to Outages) and “B” (Disadvantaged and Vulnerable Community)
● Locations of all Project Resources (both existing and planned), and any known non-project resources
● Additional information necessary to score the project:
○ The number of California Alternate Rates for Energy Program (CARE) and/or Family Electric Rate Assistance Program (FERA) or otherwise vulnerable customers, including an attestation from local or tribal authority having jurisdiction for vulnerable customer data
○ The number and description of Critical Facilities and Community Resilience Service facilities located within the microgrid project’s boundary ● Summary project cost estimate and Application Incentive Request, with details to be provided in Attachment section:
○ Actual costs incurred [or expected to be incurred] to develop the MIP Application (Application Development Grant request, capped at $25k) ○ Total estimated project cost that the community anticipates incurring and that is eligible for reimbursement
February 16, 2024 Page 6
59 Item 6.

Grant Application: Microgrid Incentive Program
○ Amounts that will be funded by your organization, other organizations or grants, and the MIP (Application Incentive Request)
○ Calculations showing how the Applicant accounted for actual and estimated costs eligible for funding under the MIP and actual and estimated non-MIP revenue sources, to arrive at the amount of its MIP incentive request.

Participating Loads and Project Resources
● Hourly aggregate load profiles of the customers within the microgrid boundary, including a forecast of how these metered load profiles will grow over the lifetime of the microgrid project (10 years). This information will be provided by PG&E during the Technical Consultation. ○ The number and types of planned and existing IFOM and BTM Project Resources (solar, wind, battery-based energy storage, etc.) and, if known, planned and existing IFOM and BTM non-Project Resources.
○ Each Project Resource’s manufacturer, technical data and operating parameters ○ If these Project Resources currently exist or if they will be new and need to submit an interconnection request to the utility
○ A brief showing how these Project Resources will support the load of the customers and facilities connected to the microgrid(detailed engineering analysis to be provided in Attachments)
● An estimate of the greenhouse gas emissions per kilowatt/hour (kWh) of electricity generated by Project Resources and Non-Project Resources when the Microgrid Project is in Island Mode.

Attachments
● AIR Request,11 including the following information:
○ Detailed estimate of costs to be incurred for those activities and facilities that are eligible for reimbursement under the MIP.
○ Detailed accounting of actual application development costs incurred, subject to reimbursement up to $25k through the Application Development Grant. ○ Breakout of costs to be funded by:
■ Self (community or CMG Aggregator) funding
■ Other grants or other sources
■ MIP
● Attestations/letters of support from local and tribal governments; if applicable ● Microgrid Proposal detailing MIP technical eligibility, including:
○ A 60% single-line diagram of the proposed microgrid that describes the microgrid’s:
■ Microgrid Islanding Point(s)
■ Boundary, e.g., geographic polygon indicating boundary ● Project Resources and Balance of System to extent known ○ Project site(s) details:
■ Location(s)
■ The status of control your organization will have over the project site(s) ■ Customers to be energized
■ Permits you will need to secure to deploy and operate your microgrid’s Project Resources
○ Microgrid development plan
February 16, 2024 Page 7
60 Item 6.

Grant Application: Microgrid Incentive Program
○ An engineering analysis demonstrating how the proposed microgrid’s Project Resources will support the projected loads for a minimum of 24 consecutive hours in Island Mode.12
● Copies of any relevant Interconnection Study applications for Project Resources (as applicable) All of the above Tasks 1-3 will culminate in a complete, compliant and successfully submitted MIP application.

Follow-on Proposals
Following the completion of this Scope of Work, and upon the award of a Grant Agreement by PG&E, OurEnergy is further qualified and will be available to negotiate and contract with the City of Oroville toward subsequent project stages, including further required technical implementation studies, financing, vendor contracting, project management, construction, and operations.

OurEnergy Company Profile
OurEnergy is a consulting, engineering and project development services company headquartered in Santa Cruz, California. We are a best-in-class, collaborative team of professionals that designs and implements sustainable energy infrastructure systems from concept to completion.

We serve select clients and work with industry collaborators in a variety of energy, sustainable design, consulting and construction projects including renewable energy, green building, sustainable systems, asset portfolio management, green buildings and infrastructure, and low impact development.

Our core team has held technical and managerial roles in implementing over 2GW of a mix of renewable energy technologies for community/residential, commercial/mixed-use, industrial and utility-scale projects. OurEnergy has played a key role in implementing over 250 MW of solar and renewables projects now operational and currently has approximately 750MW currently under development.

We are proud to be a leading developer of advanced microgrids. We pioneer and employ new and innovative project structuring, technical architectures, and approaches, and we help pave the way for a more resilient, participatory, and sustainable grid of the future.

OurEnergy’s core practice can be best characterized as full-scope project and program development services. Our expertise is in executing the process from early planning, strategy and feasibility, through implementation of complete engineering, procurement, construction management, commissioning and asset management (EPC/M). We also have an established track record of providing expert Owner’s Engineer representation services to a range of public and private clients.

We are agnostic and independent of any product manufacturers, meaning we can recommend the most appropriate technologies and competitive solutions. Our goal is to optimize around the customer/stakeholders, solutions and the delivery team - through leveraging our global procurement February 16, 2024 Page 8
61 Item 6.

Grant Application: Microgrid Incentive Program
strength along with our commitment to local partnerships. We view every engagement as a commitment to the project lifecycle and we will always strive to find creative solutions, add value and success.

Project Team
The core OurEnergy team members currently planned to support these efforts are as follows:
● Dustin Jolley, PE, LEED AP | Principal in Charge
○ Mr. Jolley will be the Principal in Charge and will be the lead technical expert overseeing all technical aspects of the project.
● Curt Dowdy | Program Executive
○ Mr. Dowdy will be responsible for team resource allocation and execution capabilities. ● Ashley Gremel | Program Manager
○ Ms. Gremel will serve as the primary point of contact during the work and will be supporting the project team and helping coordinate the timeline and task delivery. ● Tristan Massey | Senior Project Engineer
○ Mr. Massey will oversee, contribute to and review the technical development of the work and deliverables.
● Dario Mirabal Herrera | Project Engineer
○ Mr. Herrera will provide technical, analytical, design and project/task management support as needed.
● Meera Bhasin | Electrical Engineer
○ Ms. Bhasin will provide technical, analytical, design and project/task management support as needed.

Anticipated Project Schedule
Upon City of Oroville executing an agreement and issuing a Notice to Proceed (NTP), OurEnergy will provide the Scope of Work on an ongoing basis, and will continuously assist in aligning and maintaining our services and the services of other contractors under our management with City of Oroville’s partners schedule of development. Should circumstances or conditions result in a schedule change, OurEnergy will work with the City of Oroville to provide the Scope of Work on a mutually agreed upon schedule. A preliminary estimate of schedule is provided below:

TASK MILESTONE DATE
NTP & Kickoff 2/21/2024
1 Discovery/Fact Finding 3/4/2024
2 MIP Study & Application Stage 1: Consultation 3/15/2024 3 MIP Study & Application Stage 2: Application 4/15/2024 February 16, 2024 Page 9
62 Item 6.

Grant Application: Microgrid Incentive Program
Budget & Compensation
The Microgrid Incentive Program, administered by PG&E, offers a $25,000 reimbursement grant (Consulting Reimbursement) following the submission of a conforming MIP application. MIP stipulates that awarded funds are to be paid by PG&E directly to the City of Oroville.

OurEnergy proposes to provide this proposal’s Scope of Work on a T&M (time and materials) basis, with a budget of $20,000, for work performed up to grant application submission. From the Consulting Reimbursement, the City of Oroville may then utilize $5,000 from the $25,000 total to offset its own staff costs for time spent working with OurEnergy on the study and grant application.

OurEnergy’s consulting-reimbursable budget by task is estimated in the table below.

Upon approval of this proposal, OurEnergy will invoice the City of Oroville for a $5,000 good faith deposit. Work will commence following OurEnergy’s receipt of the deposit. The remaining balance of $15,000 will be invoiced, due and payable to OurEnergy upon the combination of Task 3 completion, submission of the MIP grant application to PG&E, and PG&E’s acceptance/approval that the application is conforming.

Note that a conforming grant application also requires collaboration and participation from City staff to provide City controlled information, reviews and approvals. Should the City abandon the application before it is completed, or should the City not comply with application-required information requests, then the full $15,000 balance will be due to OurEnergy, regardless of whether the application is deemed acceptable by PG&E.

When the City of Oroville receives the $25,000 Consulting Reimbursement from PG&E, it may refund itself the original $5,000 deposit paid to OurEnergy plus $5,000 toward offsetting the City’s staff costs.

Standard 2024 labor rates are attached. Labor rates are subject to routine annual increases.

OurEnergy will log and track T&M as it is expended during this Scope of Work. As this Scope of Work progresses, OurEnergy will notify the City of Oroville in advance in the event any T&M expenditures may risk trending toward exceeding the $20,000 budget. OurEnergy and Oroville may then mutually determine the acceptability of any proposed amounts that exceed the consulting reimbursement and assign those amounts to be reimbursed to OurEnergy via a subsequent phase MIP grant award, if such an agreement is made. Should a MIP microgrid grant not be awarded to City of Oroville, OurEnergy will waive and dismiss any amounts exceeding the original $20,000 budget.

February 16, 2024 Page 10

TASK MILESTONE BUDGET
1 Discovery/Fact Finding $2,500
2 MIP Study & Application Stage 1: Consultation $10,000 3 MIP Study & Application Stage 2: Application $7,500
Total Consulting Reimbursement Budget $20,000
63 Item 6.

Grant Application: Microgrid Incentive Program
OurEnergy may utilize specialty subcontractors as-needed and on prior approval. We will outline specific tasks for subconsultants where practical, planned in advance and approved by the City of Oroville.

OurEnergy will provide the City of Oroville with progress reports, no less frequently than monthly.

Any changes in level of effort or forward planning outside those referenced here that may justify a change in scope or compensation will be flagged in the monthly report and can be adjusted with mutual agreement with the City of Oroville as needed.

Additional lump-sum (LS) or Time and Materials (T&M) scope additions (add services) may be negotiated and amended on an as–needed basis. We are also open to discussing structures that may be preferable to the City.

We also wish to express that OurEnergy has an interest in developing and implementing the ultimate energy infrastructure and assets alongside the City of Oroville. In the case of MIP for example, as the “Microgrid Aggregator”. As next phase opportunities become clearer, we would appreciate the option to adapt our development services approach to a development arrangement, if appropriate. We will be happy to present the City of Oroville with a framework and development services agreement (DSA) if interested in this approach.

We additionally understand that not every potential project or facility in the City targeted for renewables, resilience and new energy infrastructure will be able to be included in the MIP application. In separate scopes of work we would be happy to work with the City in studying, scoping and implementing other projects, such as utility strategies, virtual power plants (VPPs), other Hybrid Power Generation, EV infrastructure (EVSE), electrifying Oroville’s airport, or others.

We have received and are currently reviewing the City’s standard consulting services agreement, which may form the basis of a relationship for professional services.

Once executed, a work order will be issued under that contract with this approved proposal. We understand timing is of the essence and we are willing to perform the initial work in pursuit of the timely submission of the grant application with the $5000 deposit while contracts are finalized.

February 16, 2024 Page 11
64 Item 6.

Grant Application: Microgrid Incentive Program
Closing Notes
Thank you for the opportunity and trust to work with you on this exciting project, and toward the future of the City’s critical infrastructure. Please feel free to contact us with any questions.

Dustin Jolley | CEO, Founder & Principal
Office: (831) 200-3969
Direct: (831) 252-0093
Email: [email protected]
February 16, 2024 Page 12
65 Item 6.

Attachment 2
Screenshot of CPUC High-Fire Thread District Map
https://capuc.maps.arcgis.com/apps/webappviewer/index.html?id=5bdb921d747a46929 d9f00dbdb6d0fa2
66 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.

DEL PUERTO HEALTH CARE DISTRICT

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on this ___th day of _____________, 2022, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and XYZ Company, 1500 Main Street, DISTRICT, CA 90000 (hereinafter referred to as the “CONTRACTOR”).

RECITALS
A. The CITY proposes to contract for professional services as outlined below; B. The CITY conducted an RFP issued in Month, Year, and selected CONTRACTOR as the preferred service provider;
C. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:

1. SERVICES.

The CONTRACTOR shall perform those services set forth in “Exhibit A,” which is attached hereto and incorporated herein by reference.

2. TERM OF AGREEMENT.

The term of this contract shall commence upon execution by both parties and shall expire on June 30, 20___ unless extended in writing in advance by both parties.

3. TIME OF PERFORMANCE.

The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $__________ for services provided pursuant to this Agreement as described in “Exhibit B.” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the DISTRICT for services performed to the DISTRICT’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the DISTRICT.

5. CONTRACT ADMINISTRATION.
67 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.

5.1. The CITY’s Representative. Unless otherwise designated in writing,_____________________ shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.

5.2. Manager-in-Charge. For the CONTRACTOR, _____________________ shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in Charge shall not be replaced without the written consent of the CITY.

5.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.

5.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY’s premises.

6. TERMINATION.

6.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.

6.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.

7. INDEMNIFICATION.

Contractor shall indemnify and hold harmless CITY from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. In the event that CITY is named as a party defendant in a lawsuit alleging injury 68 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.
as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses of litigation. Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and expenses of litigation.

Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.

The obligations established by this paragraph will survive termination of this Agreement. For purposes of this paragraph:
• CITY means the CITY Council and its subordinate bodies, elected and appointed CITY officials and officers, CITY employees and authorized agents and volunteers of the CITY.
• Liability means any claims or causes of action raised or asserted by, damage to, loss or expense incurred by or judgments rendered in favor of persons or entities not a party to this Agreement.
• The types of damages included within this indemnity obligation include, but are not limited to, personal injury, bodily injury, death, loss of use, and damage to or loss of real and personal property.
• The indemnity obligation of this paragraph includes all forms of negligent acts, errors and omissions, wrongful behavior and willful misconduct (including but not limited to breaches of professional standards of care, if applicable, and breach of contract) by Contractor and any of its officers, agents employees and subcontractors.

8. INSURANCE REQUIREMENTS.

8.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

8.1.1. Workers’ Compensation Coverage. The CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of 69 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.
subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement.

8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

8.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person.

8.1.4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’s operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis.

8.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-:VII. Each general liability insurance policy shall be endorsed with the specific language of Section 8.2.1 below.

CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

8.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

8.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 70 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.

8.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY.

8.2.5. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise.

8.2.6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

8.2.7. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) days’ written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days’ written notice shall be provided.

8.2.8. Contractor agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8.3. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the CITY Attorney. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

8.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the CITY on or before commencement of 71 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.
performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CONTRACTOR shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement.

8.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above.

9. ASSIGNMENT AND SUBCONTRACTING.

The parties recognize that a substantial inducement to the City for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.

The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

10.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.

10.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.

10.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required 72 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.
of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession.

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.

12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. The CONTRACTOR will ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

13. RECORDS AND AUDITS.

The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative.

All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement.

14. OWNERSHIP OF DOCUMENTS.

It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.

15. INDEPENDENT CONTRACTOR.

The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of 73 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.
the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent unless that authority is expressly authorized in writing by CITY.

16. NOTICE.

All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.

Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.

CITY:

City of Oroville,
1735 Montgomery Street,
Oroville, California, 95965
Attention: City Administrator
CONTRACTOR:

Organization Name
Street Address,
State ZIP
Attention: __________________________

17. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of California. The venue shall be the County of Butte, California

18. ENTIRE AGREEMENT; MODIFICATION.

This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.

19. WAIVER.

Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product. 74 Item 6.

NOTES: This is for Services agreements under $75,000. For agreements in excess of $75,000 please confer with Counsel for insurance requirements.

20. EXECUTION.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

21. AUTHORITY TO ENTER AGREEMENT.

The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

IN WITNESS WHEREOF, the parties have executed this Agreement the ____ day of ________________, 2024.

CONTRACTOR:
_____________________________________
{Name, Title}
CITY OF OROVILLE:
_____________________________________
Brian Ring, City Administrator
APPROVED AS TO FORM:
_____________________________________
Scott Huber, City Attorney
75 Item 6.

PG&E Mutual Nondisclosure Agreement – ______________________________ 1 Confidential

MUTUAL NONDISCLOSURE AGREEMENT
This MUTUAL NONDISCLOSURE AGREEMENT (“NDA”), by and between Pacific Gas and Electric Company, a California corporation (“PG&E”), and ____________________ a _____________________ (“Company”) (together the “Parties” and each individually a “Party”), is effective as of the latest signature date below (the “Effective Date”).

WHEREAS, PG&E is an investor-owned utility that provides gas and electric service to millions of customers throughout Northern and Central California; WHEREAS, _____________________is a ___________________ headquartered in ________________________, and is exploring the development of a microgrid, developing a microgrid, or has developed and is maintaining a community microgrid pursuant to PG&E's Community Microgrid Enablement Tariff (“CMET”);
WHEREAS, in support of those efforts, the Parties expect that each Party may disclose to and receive from the other Party some amount of Confidential Information, as defined herein; WHEREAS, the Parties recognize that the development of microgrids is in the public’s interest; and
WHEREAS, each Party wishes to protect, use, handle, and safeguard the Confidential Information that it receives from the other Party in compliance with law and in accordance with the duties and responsibilities set forth herein.

NOW THEREFORE, the parties agree as follows:

1. Purpose. The purpose of this Agreement is to permit each Party to transmit or exchange Confidential Information to or with the other Party hereto for the purpose of evaluating and reviewing such Information in connection with the potential or actual development, operation and maintenance of a microgrid pursuant to PG&E’s CMET (“Purpose”), and for no other purpose. The Parties mutually agree that development of microgrids is in the public’s interest and that the Purpose of this Agreement justifies maintaining the confidentiality of their respective Confidential Information.

2. Confidential Information. “Confidential Information” as used herein shall mean any nonpublic proprietary or confidential data, information and other materials including those regarding the products, services or business of the disclosing party (the “Disclosing Party”), its parent company, its subsidiaries or affiliates (and/or if either Party is bound to protect the confidentiality of any third party, of such third party) provided by or made available by the Disclosing Party to the receiving party (the “Receiving Party”) where such information is marked or otherwise communicated as being “proprietary” or “confidential” or the like.

Without limiting the foregoing, Confidential Information includes (i) all confidential and proprietary documents, records, reports, agreements and associated documents; (ii) any and all information pertaining to PG&E’s electric distribution and transmission facilities; (iii) all technical, financial and business information of any kind; (iv) all written procedures; (v) all data, specifications, technology, ideas, know-how, improvements, maps, technical drawings, inventions (whether or not patentable or copyrightable), or trade secrets; and (vi) all Personal [Company Name]
[Insert corporate type and state]
[Insert company name]
[Insert company name] [Insert type of entity]
[Insert location]
76 Item 6.

PG&E Mutual Nondisclosure Agreement – ______________________________ 2 Confidential
Information belonging to the Disclosing Party. Confidential Information does not include information which: (a) is already known to the Receiving Party on a non-confidential basis prior to the disclosure by Disclosing Party; (b) becomes publicly available without breach of the confidentiality obligations of this NDA by Receiving Party or its representatives; (c) is approved for release without confidentiality obligations by written authorization of the Disclosing Party; (d) is rightfully obtained by Receiving Party from a third party without restriction as to disclosure; (e) is developed independently by Receiving Party without use of or access to Disclosing Party’s Confidential Information. [For public entity counterparties: Furthermore, and consistent with the Purpose of the Agreement, the Parties agree that they are sharing Confidential Information to serve the public’s interest and that this Purpose clearly outweighs publicly disclosing such Confidential Information. Accordingly, the Parties agree that Disclosing Party’s Confidential Information is exempt from disclosure pursuant to the California Public Records Act, California Government Code § 6250, et seq., and other federal, state, and municipal public disclosure laws, including but not limited to the Brown Act, California Government Code § 54950, et seq., and shall remain confidential as set forth in Paragraph 9 of this Agreement, entitled “Term and Termination”]

3. Processing Personal Information. “Personal Information” as used herein shall mean any information provided by PG&E, its subsidiaries, affiliates, agents, officers, directors, current and former employees, or customers, to Company that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, or as the “personal information” or “personal data” or such similar term is defined under applicable data privacy and protection laws. In the event Personal Information related to its employees, customers or other individuals is disclosed to Company, the Parties agree that the provisions detailed in the Personal Data Processing Addendum, attached hereto as Appendix A, shall apply. In the event of any conflict with regard to Personal Information between the general terms of this Agreement and Appendix A, the terms of Appendix A will govern.

4. Use and Nondisclosure of Confidential Information. Receiving Party agrees to keep any Confidential Information made available or provided to it as confidential and proprietary and shall treat such Confidential Information in the same manner as it treats is own similar proprietary and confidential information, but in no case will the degree of care be less than reasonable care. The Receiving Party shall use the Confidential Information only in performing its obligations or to exercise its rights in connection with the Purpose. The Receiving Party shall not sell, share or otherwise disclose Confidential Information to any third party (except as authorized under the NDA or applicable law) without the Disclosing Party’s express written consent. The Receiving Party shall disclose Confidential Information only to those employees and contractors of Receiving Party who have a need to know such information for the purposes of performing its obligations or exercising its rights in connection with the Purpose, and such employees and contractors must be bound by an NDA or have entered into agreements with Receiving Party containing confidentiality provisions covering the Confidential Information with terms and conditions at least as restrictive as [Company Name]
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those set forth in this NDA. Unless expressly required by the Purpose, the Receiving Party shall not input or otherwise process Confidential Information using generative artificial intelligence or any similar program or algorithm except with the express, prior, written permission of the Disclosing Party.

The Parties further agree that this Agreement shall not be construed to limit either Party’s right to independently develop or acquire products without use of or reference to the other Party’s Confidential Information. The Disclosing Party acknowledges that the Receiving Party may currently or in the future develop information internally, or receive information from other parties, that is similar to the Confidential Information. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Receiving Party will not develop or have developed products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Receiving Party does not violate any of its obligations under this Agreement in connection with such development.

5. Security Measures. The Receiving Party shall implement reasonable administrative, technical and physical security measures to safeguard the Confidential Information it receives. These safeguards shall include, but not be limited to: (a) written policies regarding information security, disaster recovery, third-party assurance auditing, penetration testing; (b) password protected workstations at Receiving Party’s premises, any premises where services are being performed and any premises of any person who has access to such Confidential Information, and (c) encryption of Confidential Information.

6. Disclosures Required by Law. If any Confidential Information is required to be disclosed by law, rule, regulation, court of competent jurisdiction or governmental order, then to the extent permitted by applicable law, the Receiving Party shall advise the Disclosing Party of the Confidential Information required to be disclosed promptly upon learning thereof in order to afford the Disclosing Party (at the Disclosing Party’s sole cost and expense) a reasonable opportunity to contest, limit or assist the Receiving Party in crafting the disclosure, and then such disclosure shall be made only to the extent necessary to satisfy such requirements.

Notwithstanding the foregoing, the Parties recognize that PG&E is a regulated utility and that its regulators have broad rights to request information from PG&E and from time-to-time PG&E may have to disclose certain Confidential Information to its regulators (e.g., the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC)). In that event, PG&E will disclose such information subject to the regulators’ respective confidentiality rules.

7. Unauthorized Disclosures. The Receiving Party shall promptly notify the Disclosing Party in writing of any unauthorized access or disclosure of Confidential Information. The Receiving Party shall take reasonable measures within its control to stop the unauthorized access or disclosure of Confidential Information and to prevent recurrence. The Parties agree that a breach of this NDA would constitute irreparable harm and significant injury to the Disclosing Party. The Disclosing Party therefore shall have the right to seek from any competent civil court, immediate temporary or preliminary injunctive relief enjoining any breach or threatened breach of this NDA.
[Company Name]
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PG&E Mutual Nondisclosure Agreement – ______________________________ 4 Confidential

8. Return or Destruction of Confidential Information. All Confidential Information disclosed by Disclosing Party to Receiving Party remains the property of the Disclosing Party, and Receiving Party shall return or destroy all Confidential Information, including any copies of Confidential Information in its or its agents’ possession upon the termination of this NDA or otherwise at the Disclosing Party’s request. Within fifteen (15) days of receiving such request from the Disclosing Party, the Receiving Party shall comply with the request and provide written certification, signed by the Receiving Party, confirming the Receiving Party’s compliance with the return or destruction of all Confidential Information as set forth in this provision. Notwithstanding the foregoing, the Receiving Party may retain one copy of Confidential Information for purposes of complying with its legal obligations or consistent with Receiving Party’s backup retention and recovery purposes, provided that the obligations set forth in this NDA apply to any retained Confidential Information.

9. Term and Termination. This NDA shall be effective from the Effective Date, provided however, that either Party may terminate this NDA by giving the other Party thirty (30) calendar days’ notice in writing of its intention to terminate this NDA. Termination shall not abrogate either Party’s obligations under this NDA for Confidential Information received prior to the date of termination.

10. Notices. Any notice required to be sent or given under this Agreement will be sent via electronic mail, addressed as follows:

PG&E
Name: Andrea Schumer
E-Mail: [email protected]
Phone: (510) 697-3968
__________________________
Name: __________________________
E-Mail: ___________________________
Phone: _____________________________

11. Communications and Media. Neither Party will disclose any information or make any news release, advertisement, public communication, response to media inquiry or other public statement regarding this Agreement, the Confidential Information disclosed, the Purpose and/or potential commercial relationship between the Parties, or the performance hereunder without the prior written consent of the other Party. Subject to Paragraph 5, neither Party will make any reference to the other Party or to the existence of this Agreement in any advertising or other publication (except for confidential, internal company publications), without the prior written consent of the other Party, and neither Party will associate or in any way connect its name, trademark or any other intellectual property right to any name, trademark or any other intellectual property right of the other Party without the other Party’s prior written consent. The fact that the Parties have entered into this Agreement does not constitute, nor does it imply in anyway, endorsement by one Party of the other, and neither Party will indicate or imply that the other Party endorses, recommends, or vouches for it in any form of written, verbal, or electronic advertisement, communication, or any other business development effort, without the other Party’s prior written consent.

12. No License. No license or proprietary rights are granted by disclosure of any Confidential Information under this NDA. For avoidance of doubt, nothing in this NDA is intended to [Company Name]
[Insert company name]
[Company - Name]
[Company - Email]
[Company - Phone]
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PG&E Mutual Nondisclosure Agreement – ______________________________ 5 Confidential
grant any rights to any Receiving Party under any patent, copyright, trade secret or other intellectual property right nor does this NDA grant any Receiving Party any rights in or to the Confidential Information, except the limited right to use the Confidential Information solely for the Purpose.

13. Compliance with Applicable Law. The Receiving Party agrees to comply with all applicable laws governing the protection of the Confidential Information.

14. Indemnification. The Receiving Party shall indemnify the Disclosing Party against any and all actions, claims, liabilities, costs, damages, charges and expenses incurred in connection with or arising out of the Receiving Party’s use of Confidential Information.

15. Assignment. Neither Party shall assign this NDA nor any Confidential Information received from Disclosing Party pursuant to this NDA without Disclosing Party’s prior written consent.

This NDA shall be binding upon each Party, their successors, and assigns.

16. No Warranty. All Confidential Information is provided “as is” without any warranties, express, implied, or otherwise, regarding the accuracy or completeness of any Confidential Information disclosed by the Disclosing Party to the Receiving Party.

17. Severability and Waiver. The covenants and agreements set forth in this NDA are each deemed separate and independent, and if any such covenant or agreement is determined by any court of competent jurisdiction or arbitrator/mediator to be invalid or unenforceable for any reason, the Parties shall negotiate an equitable adjustment in the provisions of this NDA with a view toward effectuating the purpose of this NDA. The invalidity or unenforceability of any of the provisions, or application of any of the provisions, of this NDA will not affect the validity or enforceability of any of the remaining provisions of this NDA.

18. Entire Agreement. This NDA contains the entire understanding between the Parties with respect to Confidential Information received hereunder. This NDA has been negotiated by both Parties and shall not be strictly construed against either Party. No change, modification, extension, termination, or waiver of this NDA shall be made effective unless in writing and signed by an authorized representative of each Party.

19. Governing Law. This NDA shall be construed and interpreted in accordance with the laws of the State of California. Any controversy, dispute, issue, or claim arising out of or in any way relating to this NDA which cannot be amicably settled without court action shall be litigated in a California State Court of competent jurisdiction; or if jurisdiction over the action resides in the federal courts, then in a Federal Court of competent jurisdiction situated in the State of California.

20. Counterparts. This NDA may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same instrument. The Parties agree that electronic signatures may be used for execution of the NDA. The email, PDF or other electronically delivered signatures of the Parties shall be [Company Name]
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deemed to constitute original signatures, and electronic copies of the executed NDA shall be deemed to constitute duplicate originals.

21. Remedies. Notwithstanding any other term of this NDA, it is expressly agreed that a breach of this NDA will cause irreparable harm to the Disclosing Party and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, the Disclosing Party will be entitled to injunctive and/or other equitable remedies in the event of any threatened or actual violation of any provisions of this NDA. In any dispute between the Parties arising out of or relating to the NDA, the prevailing party shall be entitled to recover from the opposing party his or its attorneys’ fees and costs.

Signature page follows
[Company Name]
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PG&E Mutual Nondisclosure Agreement – ______________________________ 7 Confidential
IN WITNESS HEREOF, and intending to be legally bound hereby, the Parties hereto have caused this NDA to be executed by their duly authorized representatives as of the Effective Date. [COMPANY] PACIFIC GAS & ELECTRIC COMPANY
Signature: Signature:

Name: ___________________________ Name: ___________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ [Title - PG&E]
[Company Name]
[Company Name]
[Insert company name]
[Company PG&E]
[Title - Company]
[Date - Company] [Date - PG&E]
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Appendix A

PERSONAL DATA PROCESSING ADDENDUM
This Personal Data Processing Addendum (“DPA”) amends, in accordance with the terms set forth below, all agreements between the Parties, pursuant to which Company receives and processes Personal Information (as defined below) and to clarify and confirm Company’s obligations to safeguard and maintain the security of the Personal Information it collects from or on behalf of PG&E related to employees, dependents and beneficiaries, consultants, workers, visitors, shareholders, and/or customers of PG&E and its subsidiaries and affiliates.

1. DEFINITIONS. As used in this DPA, the following capitalized terms shall have the meanings provided in this section. Capitalized Terms used in this DPA, but not defined below have the meaning given to them in the Parties’ Agreement.

Agreement. “Agreement” means the Mutual Non-Disclosure Agreement by and between PG&E and Company.

Personal Information. “Personal Information” means any information provided by PG&E, its subsidiaries, affiliates, agents, officers, directors, current and former employees, or customers, to Company and that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual. “Personal Information” includes “personal information,” “personal data” or other such similar terms as they are defined under applicable Privacy Laws.

Privacy Laws. “Privacy Laws” are all applicable laws, rules, regulations, directives and governmental requirements in any jurisdiction in which Company or Company operates and relating in any way to the privacy, confidentiality, or security of Personal Information processed by Company, including, but not limited to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”).

2. CONTROL OF PERSONAL INFORMATION. PG&E shall retain all ownership and control over the Personal Information disclosed to Company. PG&E also has the exclusive authority to determine the purposes of processing of all Personal Information by Company.

3. LIMITED USE OF PERSONAL INFORMATION. At all times during the term of this DPA and thereafter, Company shall collect (including, without limitation, caching or storing), access, use, disclose, process or retain Personal Information solely for the purpose of rendering the contracted services to PG&E and not for any other purpose. Company shall not sell, share or otherwise disclose any Personal Information to any third party except as expressly permitted herein. Company shall not use any Personal Information to violate or attempt to violate the security of PG&E’s systems, or any third party networks, system, server, website, application or account.
[Company Name]
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4. ADDITIONAL RESTRICTIONS. Company shall not: (i) sell or share Personal Information or (ii) collect, retain, use, or disclose Personal Information for any purpose other than for the specific purpose of performing the services specified in the Agreement. For avoidance of doubt, Company shall not collect, retain, use, or disclose Personal Information for any commercial purpose other than providing the services specified under the Agreement unless otherwise permitted under applicable law. For purposes of this section, the terms “sell,” “commercial purposes” and “personal information” shall have the meanings as defined under the CCPA and “share” shall have the meaning as defined under the CPRA.

5. AGENTS. Company shall not contract any of its rights or obligations hereunder, or share, transfer, disclose or otherwise provide access to any Personal Information to any contractors, subcontractors, third-party service providers, or agents (collectively, “Agents”) without the prior written consent of Company. Where Company contracts any rights or obligations, or provides access to Personal Information, to an Agent, then (a) Company shall enter into a fully-executed written agreement with each Agent that imposes obligations on the Agent that are at least as restrictive as those imposed on or required of Company under this DPA; (b) Company shall not be relieved of any of its obligations under this DPA; and (c) Company shall remain liable and responsible for the performance or non-performance of its Agents with respect to the Agent’s collection, use, disclosure, storage, processing and disposal of Personal Information.

6. COMPLIANCE WITH LAW. Company agrees that its collection, use, disclosure, storage, processing and disposal of Personal Information shall at all times comply with all applicable Privacy Laws and any representations made by Company to any person from whom such Personal Information was collected. Company further agrees that it will reasonably cooperate with PG&E’s efforts to comply with PG&E’s legal obligations related to its collection, processing, use or disclosure of Personal Information.

7. DATA SECURITY. Company shall, and shall contractually require and cause any Agents to, implement and maintain security procedures and practices for Personal Information, including without limitation, establishing, implementing and maintaining an Information Security Program as set forth in this Section 7, that will: (i) comply with all applicable Privacy Laws and industry standards; (ii) ensure the security and confidentiality of Personal Information, (iii) protect against any anticipated or actual threats or hazards to the security or integrity of Personal Information, and (iv) prevent unauthorized access, acquisition, destruction, use, modification and/or disclosure of Personal Information.

Company and its Agents shall each ensure that its security infrastructures are consistent with high industry standards for virus protection, firewalls and intrusion prevention technologies to help prevent Company’s network, systems, servers and applications from unauthorized access. Company will restrict and track access to Personal Information and PG&E systems at all times to only those employees and Agents whose access is essential to performing the services for which Company has been contracted, and such employees and Agents will be required (including during the term of their employment or retention and thereafter) to protect Personal Information in accordance with the requirements of this DPA. Company shall segregate Personal Information from all other Company and third party data. Company must ensure proper user authentication for all employees, and Agents with access to Personal Information, including, without limitation, by assigning [Company Name]
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each employee or Agent unique access credentials for access to any system on which Personal Information can be accessed and prohibiting employees and Agents from sharing such access credentials. Company shall ensure that upon termination of any employee or Agent, the terminated person’s access to Personal Information and PG&E systems must be immediately revoked.

8. INFORMATION SECURITY PROGRAM. Company shall conduct appropriate training and awareness campaigns designed to educate Company’s employees of their responsibilities in maintaining the confidentiality and security of Personal Information and for the reporting of incidents involving unauthorized access to or use of Personal Information, consistent with all Privacy Laws and the terms of this DPA. Company represents and warrants that it has implemented and will maintain a variety of administrative, organizational and technical measures (“Information Security Program) that are consistent with industry standards which may include but are not be limited to ISO 27001/2, NIST, OWASP, and other similar standards that are designed to reasonably and appropriately protect the confidentiality, integrity mid availability of information systems or data and which measures are set forth below. Company shall review its Information Security Program on at least an annual basis and evaluate whether it needs to be modified to comply with Privacy Laws or industry practices. Company shall notify PG&E of any material changes to Company’s Information Security Program as it relates to the security and integrity of Personal Information, within thirty (30) days of any such change.

Notwithstanding the foregoing, at all times, Company’s Information Security Program shall include the following:
a. Organizational management and dedicated staff responsible for the development, implementation and maintenance of Company’s Information Security Program. b. Audit and risk assessment procedures designed for the purposes of periodic review and assessment of risks to Company’s organization, for monitoring and maintaining compliance with Privacy laws, and for reporting the condition of its information security and compliance to Company senior management. c. Data security controls which include at a minimum, but may not be limited to, logical segregation of data, restricted (e.g., role-based) access and monitoring, and utilization of commercially available and industry standard encryption, at a minimum of 256-bit encryption, for Personal Information that is:
i. transmitted order public networks (i.e. the Internet) or when transmitted wirelessly,
ii. stored on any Company or Agent systems, including any cloud based systems.
d. Logical access controls to manage electronic access to data and system functionality based on authority levels and job functions, (e.g. granting access on a need-to-know and least privilege basis, use of unique IDs and passwords for all [Company Name]
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users, periodic review and revoking/changing access promptly when employment terminates or changes in job functions occur).
e. Password controls to manage and control password strength, expiration and usage including prohibiting users from sharing passwords.
f. System auditor event logging and related monitoring procedures to proactively record user access and system activity for routine review. g. Physical and environmental security of data center, server room facilities and other areas containing Personal Information to protect information assets from unauthorized physical access, and to manage, monitor and log movement of persons into and out of Company facilities, and to guard against environmental hazards such as heat, fire and water damage.
h. Operational procedures and controls to provide for configuration, monitoring and maintenance of technology and information systems according to prescribed internal and adopted industry standards, including secure disposal of systems and media to render all information or data contained therein as undecipherable or unrecoverable prior to final disposal or release from Company’s possession. i. Change management procedures and tracking mechanisms to ensure all changes to Company’s technology and information assets are properly tested, approved and monitored.
j. Incident management procedures to allow for the proper investigation, response, mitigation and notification of events related to Company’s technology and information assets.
k. Network security controls that provide for the use of enterprise firewalls and layered DMZ architectures, and intrusion detection systems and other traffic and event correlation procedures to protect systems from intrusion and limit the scope of any successful attack.
l. Vulnerability assessment, patch management, and threat protection technologies and scheduled monitoring procedures to identify, assess, mitigate and protect against identified security threats, viruses and other malicious code. m. Business continuity and disaster recovery procedures to ensure Company’s ability to maintain service and/or recovery from foreseeable emergency situations or disasters.
n. Controls to ensure any applicable Company software is securely developed in accordance with this DPA, such as design reviews, secure separation of development and production environments, code reviews, and quality assurance testing.
[Company Name]
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9. TRANSMISSION OF PERSONAL INFORMATION. Company shall not electronically transmit a record containing Personal Information outside a secure network environment other than by a secure network connection or communications protected by appropriate encryption technology that is not less than 256-bits in length. Likewise, Company shall not require any individual to transmit Personal Information over the Internet unless the connection is secure or the Personal Information is protected by encryption technology meeting this standard. Company shall not print Personal Information on mailed material unless required by law and will not make Personal Information visible through any envelope window unless required by law. Notwithstanding the provisions of this Section, when strictly necessary to perform the contracted services and permitted by applicable Privacy Laws, Personal Information may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend or terminate an account, contract or policy, or to confirm the accuracy of the Personal Information.

10. SECURITY MANAGER. On the effective date of the Agreement, Company shall designate an individual as the primary security manager under this DPA. The security manager shall be responsible for managing and coordinating the performance of Company’s privacy and data security obligations under this DPA.

11. SUBPOENAS AND LEGAL PROCEEDINGS. Subject to applicable law, Company shall immediately notify PG&E of any subpoena or other judicial or administrative order by a court, tribunal, litigant, or government authority seeking access to or disclosure of Personal Information. Subject to applicable law, PG&E shall have the right take steps to assess and/or prevent such disclosure and to defend subpoena enforcement proceedings or motions to compel in lieu of and on behalf of Company, which still must provide reasonable cooperation to PG&E in connection with such defense.

12. DATA SECURITY BREACH NOTIFICATION AND INCIDENT RESPONSE. Company shall notify PG&E, of: (a) any access, possession, use or disclosure of Personal information, or attempt thereof, not expressly permitted by this DPA; (b) any suspected breach or compromise of Personal Information, or Company’s systems or networks that directly or indirectly support Personal Information; or (c) claims or threats thereof made by any personnel, Agent or external person (each or the foregoing a “Data Security Breach”).

Company shall notify PG&E of a Data Security Breach within twenty-four (24) hours after detecting or being notified of the Data Security Breach affecting Personal Information.
a. Data Security Breach Investigation. Company shall immediately take measures to stop the Data Security Breach and in PG&E’s sole discretion, upon PG&E’s written request, and pursuant to PG&E’s instructions, Company shall cooperate with PG&E and any outside agents hired by PG&E in connection with: (i) conducting an investigation of any actual or suspected Data Security Breach and (ii) providing PG&E and its agents with administrative access to all affected systems or applications that store, process, transmit or otherwise access Personal Information. Company shall provide PG&E with the following information, at minimum: (i) a brief summary of the issue, facts and status of Company’s [Company Name]
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investigation; (ii) the potential number of individuals affected by the Data Security Breach; (iii) the Personal Information that has been or may have been implicated by the Data Security Breach; and (iv) any other information pertinent to PG&E’s understanding of the Data Security Breach and the exposure or potential exposure of Personal Information.
b. Other Parties. Unless the Data Security Breach impacts the information of parties other than PG&E, Company shall not notify any parties other than PG&E and relevant law enforcement agencies of any Data Security Breach unless such notification is agreed to in advance by PG&E in writing. c. Resolution. For avoidance of doubt, any Data Security Breach vulnerability shall be resolved to PG&E’s satisfaction, at Company’s expense. If such vulnerability cannot be resolved to PG&E’s satisfaction within a reasonable period of time, as determined by PG&E, PG&E shall have the right to immediately terminate the Agreement without liability.
d. Notification. Company will, upon PG&E’s written request and pursuant to PG&E’s instructions, at Company’s cost, notify any affected persons or entities provided that the method and content or such notice to shall be agreed to in writing by PG&E prior to sending such notice. Company shall also cooperate with PG&E and any relevant authority in the event of litigation or regulatory inquiry concerning a Data Security Breach. Notwithstanding the foregoing, Company, at its sole expense shall investigate and remediate all Data Security Breaches.
e. Indemnification. In addition to Company’s indemnification obligations set for in Section 21 of this DPA, Company shall also indemnify, hold harmless, and defend PG&E and its respective directors, officer; employees, subcontractors and agents from any suits, claims, damages, demands, proceedings, and other actions brought by a third party, and all associated expenses and costs (including but not limited to: assessments, fines, losses, penalties, costs of investigating and responding to any Data Security Breach, costs of notifying affected individuals, and attorneys’ fees), arising out of or related to Company’s or its Agents collection, processing, storage, use transmission or destruction of Personal Information, including, but not limited to, a suspected or actual Data Security Breach. The remedies set forth herein shall be in addition to any other remedies available to PG&E at law or in equity, including but not limited to Company’s general indemnification obligations set forth in this DPA.

13. CREDIT MONITORING. In the event of a Data Security Breach (including, without limitation, by an unauthorized employee or Agent of Company), at the sole discretion of PG&E, Company will offer Credit Monitoring Services (as defined below) as designated by company to any affected individual at Company’s cost and expense. Affected individuals will be notified of the availability of Credit Monitoring Services as directed by PG&E, at Company’s sole cost. “Credit Monitoring Services” mean credit monitoring services for two (2) years, beginning on the date the individual first registers for the [Company Name]
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service after the Data Security Breach or such period required by Privacy Laws and one (1) free credit report provided by Experian, Equifax, or TransUnion.

14. DESTRUCTION AND RETURN OF PERSONAL INFORMATION. As soon as possible after any of the Personal Information (or portion thereof) is no longer needed by Company to fulfill its obligations to PG&E or upon PG&E’s written request, or in the event of termination or expiration of this DPA for any reason, Company shall, and shall cause its Agents, to immediately securely destroy and certify such secure destruction (and produce a written certification upon request by PG&E) of any or all of Personal Information and all records of Personal Information, (including, without limitation, all electronic copies such as on hard drives, backup tapes, portable devices, optical, magnetic, or other storage media, as well as all hard copies) or, if requested by PG&E, return Personal Information to PG&E through a secure method designated by PG&E. Company shall ensure that Personal Information is destroyed in accordance with the methods described in the Federal Trade Commission’s Disposal Rule, 16 C.F.R § 682.3 and any other Privacy Law.

15. SECURITY AUDIT RIGHTS. At the request of PG&E and at PG&E’s cost, Company shall provide PG&E, or an independent third-party auditor selected by PG&E, access to, and the right to conduct a security audit of, all records, security policies and procedures, and other practices relating to the use, processing, storage and disclosure of Personal Information. The audit results and Company’s plan for addressing or resolving issues identified by the audit shall be shared with PG&E within ten (10) days of Company’s receipt of the audit results. If Company fails to resolve the issues identified in its plan within a reasonable timeframe determined by PG&E, PG&E shall have the right to terminate the services contract between the Parties. In addition, subject to Company’s advance approval as to scope and timing, PG&E also reserves the right to conduct, at its own cost, not more than twice per calendar year, technical security integrity reviews, and penetration tests and monthly Internet security scans to ensure Company remains compliant with this DPA (collectively, “Application Security Assessments”). PG&E will provide seven (7) days’ notice prior to penetration testing or the commencement of monthly scanning activities. Company shall correct any security flaw discovered by PG&E within eight (8) hours. Further, Company and any Agent that accesses, stores or collects Personal Information shall conduct, at its own cost, an Application Security Assessment annually using an independent third-party tester.

16. MALICIOUS CODE. Company will ensure that the contracted services will not result in the transmission to PG&E of any (a) ‘back door’, ‘time bomb’, ‘Trojan Horse,’ ‘worm’, ‘drop dead device,’ ‘virus’, ‘spyware’ or ‘malware;’ or (b) any computer code or software routine that: (i) permits unauthorized access to or use of PG&E’s or its users’ systems or any component thereof; or (ii) disables, damages, erases, disrupts or impairs the normal operation of PG&E’s or its users’ systems or any component thereof.

17. INTERNATIONAL TRANSFER OF DATA. Company shall not transfer Personal Information to, or allow access to Personal Information by, its employees or Agents in any location outside the United States without receiving the prior written consent of PG&E. To the extent that the parties agree to the transmission of Personal Information outside of the [Company Name]
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United States, prior to making any such transfer, the parties will negotiate in good faith and agree to the terms of a data transfer agreement that complies with applicable Privacy Laws governing the cross-border transfer of Personal Information.

18. SUSPENSION OF DATA TRANSFERS. PG&E reserves the right to suspend or stop data transfers to Company at any time. In the event that Company is unable to comply with the obligations stated in this DPA, Company shall within forty-eight (48) hours notify PG&E, and PG&E shall then be entitled (at its option) to suspend the transfer of Personal Information, require Company to cease using Personal Information and/or immediately terminate the Agreement PG&E may have with Company that requires the transfer of Personal Information for the contracted services.

19. DATA SUBJECT REQUESTS. Company shall promptly send PG&E within three (3) business days of receipt of any communication received from an individual relating to his or her request to access, modify or correct, or delete Personal Information relating to the individual or to opt-out of any program or communication and Company shall comply with instructions of PG&E before responding to such data subject requests.

20. COOPERATION WITH GOVERNMENT ENFORCEMENT AUTHORITIES. Company will provide reasonable cooperation to PG&E in connection with PG&E’s efforts to respond to any complaint filed with, or investigation conducted by, any government agency or data protection authority resenting the processing of Personal Information by Company.

21. INDEMNIFICATION. Notwithstanding anything to the contrary in any agreement between PG&E and Company, Company shall indemnify, hold harmless, and defend PG&E and its any and officers, employees, subcontractors, agents, successors, and assigns from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including without limitation attorneys’ fees and court costs) and any and all threatened claims, losses, liabilities, damages, settlements, expenses and costs arising from, in connection with, or based on allegations of, in whole or in part, any of the following: (a) any violation of the requirements of this DPA; (b) any negligence or willful misconduct of Company, its personnel or Agents or any third party to whom Company provides access to Personal Information or systems, with respect to security or confidentiality of Personal is (c) any other costs incurred by PG&E with respect to PG&E’s rights in this DPA. Except as otherwise provided herein, Company shall be fully responsible for, and shall pay, all costs and expenses incurred by Company or its personnel, third-party service providers of Company or Agents with respect to the obligations imposed under this DPA.

22. RELATION TO THE AGREEMENT. A breach of any term of this DPA will be deemed a breach of the Agreement. The provisions of the Agreement regarding the subjects of Breach, Choice of Law, and Venue shall govern the parties’ respective rights and obligations under this DPA. Notwithstanding the foregoing any indemnification rights of PG&E in this DPA are additive to any rights at law or in equity that PG&E has under the Agreement.
[Company Name]
90 Item 6.

PG&E Mutual Nondisclosure Agreement – ______________________________ 16 Confidential

23. CONFLICTS. In the event any term in this DPA is inconsistent or contradicts the terms in any other agreement between the Parties, the terms in this DPA shall apply.

24. MISCELLANEOUS. This DPA constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof, and its terms shall govern the event of any inconsistency between this DPA and any other agreement between the Parties. This DPA shall be amended only by a written agreement between the Parties that specifically references this DPA by name. Company’s obligations hereunder shall survive the termination of the service agreements between the parties and the completion of any and all services performed thereunder.
[Company Name]
91 Item 6.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: UPDATED POLICIES FOR THE CITY OF OROVILLE
DATE: FEBRUARY 20, 2024

SUMMARY
The Council will consider the approval of the updated Policy Manual for the City of Oroville.

DISCUSSION
City staff have been working diligently over the last twelve months to update the City’s policies and procedures for the General and mid-management employee units. Part of this process included working with Lexipol, a firm that provides a full library of customizable local government policies and training bulletins that are updated in response to new federal laws and court decisions. Their online training platform delivers courses and videos designed to meet employee training mandates, backed by tools to manage credential renewal. Each day, all employees will receive a daily refresher training moment, on a component of these policies. Lexipol has been utilized by the Oroville Police Department for their department policies since 2004.

The review process was extensive – involving weekly meetings with our consultant and significant review of existing City policies. Through this review, cleanup work was done to eliminate redundancy where it existed, make updates where applicable and to include new polices where the City had not polices.

There has also been significant work on memorializing existing procedures, where applicable.

Existing policies have been reviewed and assigned to applicable City departments.

Upon completion of the initial review and update of the City policies, they were reviewed by City Attorney staff and then vetted once again with City staff. After that review, the draft polices were then sent out to impacted labor organizations: Mid-Management Association and Oroville City Employee’s Association. After labor review, additional edits were made and the updated policies were approved by the labor groups.

The annual subscription cost of the electronic policies is $6,854.65. Staff anticipate renewing this subscription annually with Lexipol. The cost of these services will be covered through several department budgets to include but not limited to Human Resources, Finance, Planning and Development, Code Enforcement and Public Works. 92 Item 7.

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FISCAL IMPACT
Annual Subscription with Lexipol $6,854.65.

RECOMMENDATION

1. APPROVE OF THE UPDATED POLICIES FOR THE CITY OF OROVILLE AND;

2. ADOPT RESOLUTION NO. 9229 A RESOLUTION OF THE OROVILLE CITY

COUNCIL RATIFYING ALL DOCUMENTS RELATING THE UPDATED CITY OF OROVILLE POLICY MANUAL.

ATTACHMENTS
 City of Oroville policies showing additions and updates;  Resolution; and
 Lexipol Contract Invoice.
93 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** City of Oroville Policy Manual - 1

CITY OF OROVILLE POLICY MANUAL
94 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Mission Statement - 2

MISSION STATEMENT
The City of Oroville is dedicated to serving the public, ensuring the safety and vitality of the community,
and promoting prosperity for all.
95 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Table of Contents - 3 Table of Contents
City of Oroville Policy Manual . . . . . . . . . . . . . . . . . . . 1 Mission Statement . . . . . . . . . . . . . . . . . . . . . . . 2 Chapter 1 - Role and Authority . . . . . . . . . . . . . . . . . . 6 100 - Policy Manual . . . . . . . . . . . . . . . . . . . . . . 7 101 - Standards of Conduct for All Employees . . . . . . . . . . . . . 12 Chapter 2 - Organization and Administration . . . . . . . . . . . . . 18 200 - Information Technology Use . . . . . . . . . . . . . . . . . 19 201 - Local Government Use of Social Media . . . . . . . . . . . . . 22 202 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 25 203 - Limited English Proficiency Services . . . . . . . . . . . . . . 27 204 - ADA Compliance . . . . . . . . . . . . . . . . . . . . 33 205 - Emergency Operation Plan . . . . . . . . . . . . . . . . . 43 206 - Volunteers . . . . . . . . . . . . . . . . . . . . . . . 44 207 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 51 208 - Budget Policies . . . . . . . . . . . . . . . . . . . . . 53 209 - Budget Policy and Purchasing Guidelines . . . . . . . . . . . . . 59 210 - Bidding on City Contracts, Materials, Etc. . . . . . . . . . . . . . 68 211 - Accounts Payable . . . . . . . . . . . . . . . . . . . . 69 Chapter 3 - Facilities . . . . . . . . . . . . . . . . . . . . . . 70 300 - Key and Electronic Access Device Controls . . . . . . . . . . . . 71 301 - Public Safety Video Surveillance System . . . . . . . . . . . . . 73 302 - Use of Public Facilities . . . . . . . . . . . . . . . . . . . 77 303 - Holiday Displays . . . . . . . . . . . . . . . . . . . . . 80 304 - Memorials on Public Property . . . . . . . . . . . . . . . . 82 305 - Flags . . . . . . . . . . . . . . . . . . . . . . . . 86 Chapter 4 - Equipment . . . . . . . . . . . . . . . . . . . . . 88 400 - Local Government-Owned and Personal Property . . . . . . . . . . 89 401 - Personal Communication Devices . . . . . . . . . . . . . . . 91 402 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 95 403 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 97 404 - Vehicle Safety Belts . . . . . . . . . . . . . . . . . . . 103 405 - Personal Protective Equipment . . . . . . . . . . . . . . . . 104 406 - Physical Asset Management . . . . . . . . . . . . . . . . 106 Chapter 5 - Records and Documents . . . . . . . . . . . . . . . . 110 500 - Records Maintenance and Release . . . . . . . . . . . . . . 111 501 - Protected Information . . . . . . . . . . . . . . . . . . . 116 502 - Personnel Records . . . . . . . . . . . . . . . . . . . 118 503 - Inspection of City Records by the General Public . . . . . . . . . . 122 96 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Table of Contents - 4 Chapter 6 - Personnel . . . . . . . . . . . . . . . . . . . . . 125 600 - Recruitment and Selection . . . . . . . . . . . . . . . . . 126 601 - Performance Evaluations . . . . . . . . . . . . . . . . . . 130 602 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 134 603 - Grievances . . . . . . . . . . . . . . . . . . . . . . 139 604 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . . 141 605 - Drug-and Alcohol- Free Workplace . . . . . . . . . . . . . . 144 606 - Communicable Diseases . . . . . . . . . . . . . . . . . . 156 607 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . . 160 608 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 161 609 - Lactation Breaks . . . . . . . . . . . . . . . . . . . . 162 610 - Payroll Records . . . . . . . . . . . . . . . . . . . . 164 611 - Overtime Compensation . . . . . . . . . . . . . . . . . . 165 612 - Work-Related Illness and Injury Reporting . . . . . . . . . . . . 167 613 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . 169 614 - Speech, Expression, and Social Networking . . . . . . . . . . . . 172 615 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 175 616 - Workplace Violence . . . . . . . . . . . . . . . . . . . 185 617 - Outside Employment . . . . . . . . . . . . . . . . . . . 192 618 - Personal Appearance Standards . . . . . . . . . . . . . . . 196 619 - Dress Code . . . . . . . . . . . . . . . . . . . . . . 199 620 - Family and Medical Leave . . . . . . . . . . . . . . . . . 201 621 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 208 622 - Travel Reimbursement Policy . . . . . . . . . . . . . . . . 210 623 - Petty Cash Management . . . . . . . . . . . . . . . . . . 213 624 - Conflict of Interest . . . . . . . . . . . . . . . . . . . . 216 625 - Fitness and Wellness . . . . . . . . . . . . . . . . . . . 218 626 - Classification Provision . . . . . . . . . . . . . . . . . . 219 627 - Seniority . . . . . . . . . . . . . . . . . . . . . . . 222 628 - Nepotism . . . . . . . . . . . . . . . . . . . . . . . 223 629 - Compensation . . . . . . . . . . . . . . . . . . . . . 225 630 - Employee Benefits . . . . . . . . . . . . . . . . . . . . 229 631 - Disciplinary Action . . . . . . . . . . . . . . . . . . . . 236 632 - Separation From Service . . . . . . . . . . . . . . . . . . 239 633 - Layoff Policy and Guidelines . . . . . . . . . . . . . . . . 240 634 - Workplace Relationships . . . . . . . . . . . . . . . . . . 242 635 - Official City Plaques & Certificates . . . . . . . . . . . . . . . 243 636 - Health and Safety Policy Statement . . . . . . . . . . . . . . 244 637 - Wearing of Safety Apparel on Construction Sites . . . . . . . . . . 245 Attachments . . . . . . . . . . . . . . . . . . . . . . . . 246 01272020 R8829 OCEA Agreem - Exhibits A-B-C.pdf . . . . . . . . . . . 247 City_Memorandum.pdf . . . . . . . . . . . . . . . . . . . . . 248 01272020 R8829 OCEA Agreem - pages 1-23.pdf . . . . . . . . . . . . 249 Reasonable Suspicion Procedures.pdf . . . . . . . . . . . . . . . 250 052120 R8864 OMCA MOU June (1).pdf . . . . . . . . . . . . . . . 251 Employee Function and Classification.pdf . . . . . . . . . . . . . . 252 97 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Table of Contents - 5 IIPP Appendices.pdf . . . . . . . . . . . . . . . . . . . . . 253 OPOA MOU NonSworn 021919 .pdf . . . . . . . . . . . . . . . . 254 98 Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Role and Authority - 6 Chapter 1 - Role and Authority
99 Item 7.

Policy
100
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Policy Manual - 7 Policy Manual
100.1 PURPOSE AND SCOPE
The manual of the City is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules, and guidelines of this city. All employees are to conform to the provisions of this manual.

All prior and existing manuals, orders, and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, orders, and other regulations that have not been included herein shall remain in effect where they do not conflict with the provisions of this manual.
100.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that circumstances may arise that warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to employees of this city under the circumstances reasonably available at the time.
100.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the City and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials, or its employees. Violations of any provision of any policy contained within this manual shall only form the basis for administrative action, training, or discipline. The City reserves the right to revise any policy content, in whole or in part. The City will meet and confer when applicable on changes of policy with recognized labor groups. 100.3 AUTHORITY
The City Administrator shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state, and local laws, rules, and ordinances. The City Administrator or the authorized designee is authorized to issue directives, which shall modify those provisions of the manual to which they pertain. Directives from the City Administrator or the authorized designee shall remain in effect until such time as they may be permanently incorporated into the manual or the directive has been abolished. 100.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning:

Advancement - A salary increase within the limits of a pay range established for a class.

Allocation - the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. 100
Item 7.

City of Oroville
Government Policy Manual
Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Policy Manual - 8 Anniversary date - The annual anniversary of an employee's date of appointment to his/ her current position, to be used for such personnel actions as change in status, salary step advancements, paid leave accruals and seniority.

Appeal - A written statement by the affected employee that a dispute exists in the application of any of the rules contained herein.

Appointing authority - unless otherwise provided in the Charter, the appointing authority shall be a majority of the City Council. (Amended-Res. 5228)
Call-back - A call-back or return to duty (not assigned overtime) with a two-hour minimum reimbursement.

Charter - the Charter of the City of Oroville.

Class - All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title and the application with equity of common standards of selection, transfer, demotion, and salary.

Classification plan - the orderly and official arrangement of all positions in separate and distinct classes according to assigned duties and responsibilities, thereby illustrating the entire City service.

Classified service - The positions allocated to classes which are subject to and enjoy all provisions of these Personnel System Rules, including but not limited to the competitive selection process and the attainment of permanent status.

Compensation - The salary or wage, benefit allowances and all other forms of valuable consideration for which an employee is eligible by virtue of his/her class and employment relationship with the City.

Compensation plan - Also referred to as Salary Schedule, is an established schedule of salaries, salary ranges and wage rates to which all positions recognized in the Classification Plan are assigned.

Competitive service - All positions of employment in the service of the City except those excluded by the Charter or the Personnel Ordinance.

Days - Calendar days unless otherwise stated in the Personnel System Rules.

Demotion - the reduction of an employee from a position in one class to a position in another class having a lower base salary or wage, either on a voluntary basis or as the result of disciplinary action.

Department - A budgetary identified administrative unit of City government.

Disciplinary action -The discharge, demotion, reduction in pay, suspension or oral and or written reprimands of an employee for punitive reasons and not for any non-punitive reasons. 101
Item 7.

City of Oroville
Government Policy Manual
Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Policy Manual - 9 Elected official - Any individual who serves in the City government based upon selection by a public vote, as well as any individual who is appointed or otherwise selected to fill such a position that has been vacated prior to the conclusion of the elected individual's term.

Eligible - A person whose name is on a valid employment list.

Emergency appointment - A means of hiring of a person or persons as necessary to avoid any impediment of the functions of City government or to facilitate the City to provide continuity of service by waiving the competitive selection guideline required by these Personnel Systems Rules.

Employee - Any person employed by the City, including:
• Full- and part-time employees.
• Appointed personnel. This does not include persons appointed to fill an elected official vacancy.
• Place holder: deal with Extra Help Employees, Seasonal Employees Employment list -
• Eligibility List - A list of names of persons who have taken an open-competitive examination for a class in the competitive service and have qualified. • Promotional List - A list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified. • Re-Employment List - The names of persons laid off from City service.

Examination -
• Continuous Examination - An open competitive examination which is administered periodically and as a result of which names are placed on an eligibility list, for a period of not more than one year.
• Open-Competitive Examination - An examination for a particular class which is open to all persons meeting the minimum qualifications for the class. • Promotional Examination - An examination for a particular class which is open only to employees of the City meeting the minimum qualifications for the class.

Immediate family - The following members of an employee's family: spouse, natural, step or legal child or parent, brother, sister, grandparent, grandchild, mother-in-law or father-in-law.

Intermittent - An appointment made outside of the formal selection process and eligible certification provisions. Appointments are for employees whose services are used on an on-call basis, but whose hours do not normally exceed 1,000 hours annually.

Layoff - The separation of employees from active City service, due to lack of work, lack of funds, changing priorities, measures to enhance efficiency, or to accommodate organizational changes.

Light duty assignment (Temporary Modified-Duty Assignment) - When an employee is unable to perform his regular duty due to injury, and when approved by a physician, the employee may be required to perform duties, which the City determines to be an acceptable assignment. 102
Item 7.

City of Oroville
Government Policy Manual
Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Policy Manual - 10 Manual - The City Policy Manual.

May - Indicates a permissive, discretionary, or conditional action.

Personnel officer - The City Administrator, or other person designated by a majority of the City Council having the power of appointment and removal of employees.(Amend Res 5228) Personnel ordinance - The ordinance which creates a personnel system for the City.

Position - A group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person.

Probationary period - A period considered an integral part of the examination, testing, recruiting, and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed, by actually performing the duties of the position.

Promotion - The movement of an employee from one class to another class having a higher maximum base rate of pay.

Provisional appointment - A person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible persons.

Regular employee - An employee in the competitive service who has successfully completed the probationary period and has been retained as hereafter provided in these rules.

Re-employment - The restoration without examination of a former regular employee or probationary employee who has completed at least six (6) months of probationary service to a vacant position in the same or comparable class in which the employee formerly served.

Relief of duty - The temporary assignment of an employee to a status of leave with pay.

Retired employee - Retired officer - A person who terminated City service by entering into retirement under the provisions of the Public Employees' Retirement System.

Seniority - The system which ranks employees within a class by continuous length of service as a regular employee with the City.

Shall or will - Indicates a mandatory action.

Should - Indicates a generally required or expected action, absent a rational basis for failing to conform.

Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other city employees, directing the work of other employees, or having the authority to address concerns brought about by employees. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment.

The term "supervisor" may also include any person (e.g., lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank, or compensation. 103
Item 7.

City of Oroville
Government Policy Manual
Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Policy Manual - 11 Suspension - The temporary removal from active services of an employee, without pay, for disciplinary purposes.

Temporary appointment - Appointment to a position for a duration of time not to exceed 12 months, unless approved by the City Administrator.

Temporary employee - An employee who is filing a position of limited duration only under temporary appointment.

Transfer - The reassignment of an employee from one position to another position, whether in the same department or in another department.
100.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all employees on the city network for viewing and printing. No changes shall be made to the manual without authorization from the City Administrator or the authorized designee.

Each employee shall acknowledge having access to and having the opportunity to review the Policy Manual and any directives issued by the City Administrator or the authorized designee.

Employees shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand.
100.6 PERIODIC REVIEW OF THE POLICY MANUAL
The City Administrator will ensure that the Policy Manual is periodically reviewed and updated as necessary.
100.7 REVISIONS
All revisions to the Policy Manual will be provided to each employee on or before the date the policy becomes effective. Each employee will be required to acknowledge having reviewed the revisions and shall seek clarification from an appropriate supervisor as needed.

Employees are responsible for keeping abreast of all Policy Manual revisions. 104
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Policy
101
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 12 Standards of Conduct for All Employees
101.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the City and are expected of all employees. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, employees are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this city or an employee’s supervisor. 101.1.1 DEFINITIONS
Definitions related to this policy include:

Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by a personal or business relationship. It includes conflicts defined and prohibited by state law. 101.2 POLICY
The continued employment or appointment of every employee of the City shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether during work hours or non-work hours, may be cause for disciplinary action.
101.3 GENERAL STANDARDS
Employees shall conduct themselves in accordance with the federal and state constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.

Employees shall familiarize themselves with policies and guidelines and are responsible for compliance with each. Employees should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.

Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct.
101.4 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, or ethics, and specific action or inaction that is detrimental to the city’s ability to effectively serve the public.
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City of Oroville
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Standards of Conduct for All Employees
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 13 101.4.1 LAWS, RULES, AND ORDERS
(a) Violation of, or ordering or instructing a subordinate to violate, any policy, guideline, rule, order, directive, or requirement, or failure to follow instructions contained in city manuals.
(b) Disobedience of any lawful direction or order.
(c) Violation of federal, state, local, or administrative laws, rules, or regulations. 101.4.2 ETHICS
(a) Using or disclosing one’s status as an employee of the City in any way that could reasonably be perceived as an attempt to gain influence or authority for non-city business or activity.
(b) The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit, or any other improper purpose. (c) The receipt or acceptance of a reward, fee, or gift from any person for service incident to the performance of the employee's work with the City. (d) Acceptance of fees, gifts, or money contrary to the rules of this city and/or laws of the state.
(e) Offer or acceptance of a bribe or gratuity.
(f) Any other failure to abide by the standards of ethical conduct. 101.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to any person because of actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, economic status, cultural group, veteran status, marital status, and any other classification or status protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the conduct is unlawful. 101.4.4 RELATIONSHIPS
(a) Unwelcome solicitation of a personal or sexual relationship during work hours or through the use of one’s official capacity.
(b) Engaging in sexual activity during work hours, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship as a direct result of any official business.
(d) Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the employee knows or reasonably should know of the criminal nature of the organization.
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City of Oroville
Government Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 14 101.4.5 ATTENDANCE
(a) Leaving the job to which the employee is assigned during work hours without reasonable excuse and proper permission and approval.
(b) Unexcused or unauthorized absence or tardiness.
(c) Excessive absenteeism or abuse of leave privileges. (d) Failure to report to work or to the place of assignment at the time specified and fully prepared to work without reasonable excuse.
(e) 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. 101.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
(a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the employee’s position with this city.
(b) The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this city for personal or financial gain or without the express authorization of the City Administrator or the authorized designee.
(c) Loaning, selling, allowing unauthorized use, giving away, or appropriating any city badge, uniform, identification card, or property for personal use, personal gain, or any other improper or unauthorized use or purpose.
(d) Using city resources in association with any portion of an independent civil action.

These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.
101.4.7 EFFICIENCY
(a) Neglect of duty.
(b) Unsatisfactory work performance, including but not limited to failure, incompetence, inefficiency, or delay in performing and/or carrying out proper orders, work assignments, or the instructions of supervisors without a reasonable and bona fide excuse.
(c) Concealing, attempting to conceal, removing, or destroying defective or incompetent work.
(d) Unauthorized sleeping during work hours or assignments. (e) Failure to notify the City within one week of any change in residence address or contact numbers.
(f) Failure to notify a supervisor of changes in relevant personal information within one week.
107
Item 7.

City of Oroville
Government Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 15 101.4.8 PERFORMANCE
(a) Failure to disclose or misrepresenting material facts or making any false or misleading statement on any application, examination form, or other official document, report, or form, or during the course of any work-related investigation. (b) The falsification of any work-related records, making misleading entries or statements with the intent to deceive, or the willful and unauthorized removal, alteration, destruction, and/or mutilation of any city record, public record, book, paper, or document.
(c) Failure to participate in investigations, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any cityrelated business. (d) Being untruthful or knowingly making false, misleading, or malicious statements that are reasonably calculated to harm the reputation, authority, or official standing of this city or its employees.
(e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this city or subverts the good order, efficiency, and discipline of this city or that would tend to discredit any of its employees. (f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions:

1. While on city premises.

2. At any work site, during work hours, or while using any city equipment or system. (g) Improper political activity, including:

1. Unauthorized attendance during work hours at official legislative or political sessions.

2. Solicitations, speeches, or distribution of campaign literature for or against any political candidate or position during work hours or on city property except as expressly authorized by city policy, an employment agreement or contract, or the City Administrator or the authorized designee.
(h) Engaging in political activities during work hours except as expressly authorized by city policy, any employment agreement or contract, or the City Administrator or the authorized designee.
(i) Any act that brings discredit to this city.
101.4.9 CONDUCT
(a) Failure to promptly and fully report activities on the employee's part or the part of any other employee where such activities resulted in contact with any law enforcement agency resulting in arrest or detainment or that may result in criminal prosecution or discipline under this policy.
(b) Unauthorized or unlawful fighting, or threatening or attempting to inflict unlawful bodily harm on another.
108
Item 7.

City of Oroville
Government Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 16 (c) Engaging in horseplay that reasonably could result in injury or property damage. (d) Discourteous, disrespectful, or discriminatory treatment of any member of the public or any employee of the City.
(e) Use of obscene, indecent, profane, or derogatory language during work hours or in uniform.
(f) Criminal, dishonest, or disgraceful conduct that adversely affects the employee's relationship with the City.
(g) Unauthorized possession of, loss of, or damage to city property or the property of others or endangering it through carelessness or maliciousness. (h) Attempted or actual theft of city property; misappropriation or misuse of public funds, property, personnel, or the services or property of others; unauthorized removal or possession of city property or the property of another person. (i) Activity that is incompatible with an employee's conditions of employment or appointment as established by law or that violates a provision of any employment agreement or contract, including fraud in securing the appointment or hire. (j) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the City Administrator or the authorized designee of such action.
(k) Any other conduct that any employee knows or reasonably should know is unbecoming an employee of this city, is contrary to good order, efficiency, or morale, or tends to reflect unfavorably upon the City or its employees. 101.4.10 SAFETY
(a) Failure to observe or violating city safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver's license, first aid).
(c) Failure to maintain good physical condition sufficient to adequately and safely perform the work assigned, if applicable.
(d) No employee shall possess, handle, or maintain a firearm while on duty or on City property.
(e) Unsafe or improper driving habits or actions in the course of employment or appointment.
(f) Any personal action contributing to a preventable traffic accident. (g) Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours.
101.4.11 INTOXICANTS
(a) Reporting for work or being at work while intoxicated or when the employee's ability to work is impaired due to the use of alcohol, medication, or drugs, whether legal, prescribed, or illegal.
109
Item 7.

City of Oroville
Government Policy Manual
Standards of Conduct for All Employees
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Standards of Conduct for All Employees - 17 (b) Possession or use of alcohol and/or a controlled substance, illegal drug, or nonprescribed medication during work hours. (c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug, or non-prescribed medication to work.
110
Item 7.

City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Organization and Administration - 18 Chapter 2 - Organization and Administration
111
Item 7.

Policy
200
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Information Technology Use - 19 Information Technology Use
200.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of city information technology resources, including computers, cell phones, tablets, electronic devices, hardware, software, and systems.
200.1.1 DEFINITIONS
Definitions related to this policy include:

Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented, or licensed by the City that are provided for official use by its employees. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the City or city funding.

Hardware - Includes but is not limited to computers, computer terminals, network equipment, electronic devices, telephones (including cellular and satellite), modems, or any other tangible computer device generally understood to comprise hardware.

Software - Includes but is not limited to all computer programs, systems, and applications, including shareware. This does not include files created by the individual user.

Temporary file, permanent file, or file - Any electronic document, information, or data residing or located, in whole or in part, on the system, including but not limited to spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs, or videos. 200.2 POLICY
It is the policy of the City that employees shall use information technology resources, including computers, software, and systems, that are issued or maintained by the City in a professional manner and in accordance with this policy.
200.3 PRIVACY EXPECTATION
Employees do not have any expectation of privacy with regard to emails, texts, or anything published, shared, transmitted, or maintained through file-sharing software or any internet site that is accessed, transmitted, received, or reviewed on any city computer system.

The City reserves the right to access, audit, and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received, or reviewed over any technology that is issued or maintained by the City, including the city email system, computer network, and/or any information placed into storage on any city system or device. This includes records of all key strokes or web-browsing history made at any city computer or over any city network. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through city computers, electronic devices, or networks.
112
Item 7.

City of Oroville
Government Policy Manual
Information Technology Use
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Information Technology Use - 20 200.4 RESTRICTED USE
Employees shall not access computers, devices, software, or systems for which they have not received prior authorization or the required training. Employees shall immediately report unauthorized access or use of computers, devices, software, or systems by another employee to their supervisors.

Employees shall not use another person's access passwords, logon information, and other individual security data, protocols, and guidelines unless directed to do so by a supervisor. 200.4.1 SOFTWARE
Employees shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes, in accordance with the software company’s copyright and license agreement.

To reduce the risk of a computer virus or malicious software, employees shall not install any unlicensed or unauthorized software on any city computer. Employees shall not install personal copies of any software on any city computer.

No employee shall knowingly make, acquire, or use unauthorized copies of computer software that is not licensed to the City while on city premises, computer systems, or electronic devices.

Such unauthorized use of software exposes the City and involved employees to severe civil and criminal penalties.

Introduction of software by employees should only occur as a part of the automated maintenance or update process of city-approved or installed programs by the original manufacturer, producer, or developer of the software. Any other introduction of software requires prior authorization from a supervisor and a full scan for malicious attachments. 200.4.2 HARDWARE
Access to technology resources provided by or through the City shall be strictly limited to city-related activities. Data stored on or available through city computer systems shall only be accessed by authorized employees who have a legitimate city-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. 200.4.3 INTERNET USE
Internet access provided by or through the City shall be strictly limited to city-related activities.

Internet sites containing information that is not appropriate or applicable to city use and that shall not be intentionally accessed include but are not limited to adult forums, pornography, gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of an employee's assignment.

Downloaded information from the internet shall be limited to items that are necessary for the performance of your employment and comply with any restrictions in place by City Information Systems.
113
Item 7.

City of Oroville
Government Policy Manual
Information Technology Use
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Information Technology Use - 21 200.4.4 USE DURING NON-WORK HOURS
Employees shall only use technology resources provided by the City during work hours unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email, or any other off-the-clock work-related activities. This also applies to personally owned devices that are used to access city resources.

Refer to the Personal Communication Devices Policy for guidelines regarding use of personally owned technology for work during non-work hours.
200.5 PROTECTION OF SYSTEMS AND FILES
All employees have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care, and maintenance of the computer system.

Employees shall ensure city computers and access terminals are not viewable by unauthorized users. Computers and terminals should be secured, users logged off, and password protections enabled whenever the user is not present. Access passwords, logon information, and other individual security data, protocols, and guidelines are confidential information and are not to be shared. Password length, format, structure, and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed.

It is prohibited for an employee to allow an unauthorized user to access the computer system at any time or for any reason. Employees shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the internet) to a supervisor. 200.6 INSPECTION AND REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of supervisory duties or based on cause.

Reasons for inspection or review may include but are not limited to computer system malfunctions, problems, or general computer system failure, a lawsuit against the City involving one of its employees or an employee’s duties, an alleged or suspected violation of any city policy, a request for disclosure of data, or a need to perform or provide a service.

Qualified staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the city computer system when requested by a supervisor or during the course of regular duties that require such information. 114
Item 7.

Policy
201
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Local Government Use of Social Media - 22 Local Government Use of Social Media
201.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the City is consistent with the City mission.

This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by city employees (see the Speech, Expression, and Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection Policy).
• Use of social media as part of an investigation, other than disseminating information to the public on behalf of this city.
201.1.1 DEFINITIONS
Definitions related to this policy include:

Social media - Any of a wide array of internet-based tools and platforms that allow for the sharing of information, such as the city website or social networking services. 201.2 POLICY
The City will use social media as a method of effectively informing the public about city services, issues, investigations, recruitment, and other relevant events.

The use or access of social media should be done in a manner that protects the constitutional rights of all people.
201.3 AUTHORIZED USERS
Only employees authorized by the City Administrator or the authorized designee may utilize social media on behalf of the City. Authorized employees shall use only city-approved equipment during the normal course of duties to post and monitor city-related social media, unless they are specifically authorized to do otherwise by their supervisors.

The City Administrator may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.

Requests to post information over city social media by employees who are not authorized to post should be made through the appropriate supervisory channels. 201.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the City mission, authorized by the City Administrator or designee, and that conforms to all city policies regarding the release of information may be posted. Examples of appropriate content include:
115
Item 7.

City of Oroville
Government Policy Manual
Local Government Use of Social Media
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Local Government Use of Social Media - 23 (a) Announcements.
(b) Tips and information related to crime prevention.
(c) Requests for information.
(d) Community engagement information.
(e) Real-time safety information that is related to in-progress crimes, geographical warnings, or disaster information.
(f) Traffic information.
(g) Media releases.
(h) Recruitment of personnel.
201.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy, and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the City Administrator or the authorized designee will be responsible for the compilation of information to be released. 201.5 PROHIBITED CONTENT
Content that is prohibited from posting includes but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory, or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal, or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation, or professionalism of the City or its employees. (e) Any information that could compromise the safety and security of city operations, employees of the City, or the public.
(f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.

Any employee who becomes aware of content on this city’s social media sites that the employee believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. 201.5.1 PUBLIC POSTING PROHIBITED
City social media sites shall be designed and maintained to prevent posting of content by the public.

The City may provide a method for members of the public to contact city employees directly. 116
Item 7.

City of Oroville
Government Policy Manual
Local Government Use of Social Media
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Local Government Use of Social Media - 24 201.6 MONITORING CONTENT
The City Administrator will appoint a supervisor to review, at least annually, the use of city social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content, and the resolution of any issues. 201.7 RETENTION OF RECORDS
The City Administrator should work with the City Clerk to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules.
201.8 TRAINING
Authorized employees should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, and dissemination and retention of information posted on city sites. 117
Item 7.

Policy
202
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Subpoenas and Court Appearances - 25 Subpoenas and Court Appearances
202.1 PURPOSE AND SCOPE
This policy establishes the guidelines for city employees who must appear in court. It will allow the City to cover any related work absences and keep the City Administrator informed about relevant legal matters.
202.2 POLICY
Employees will respond appropriately to all subpoenas and any other court-ordered appearances. 202.3 SUBPOENAS
Only employees authorized to receive a subpoena on behalf of the City or any of its employees may do so.
202.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any employees who are subpoenaed to testify, agree to testify, or provide information on behalf or at the request of any party other than the City or the prosecutor shall notify their immediate supervisors without delay regarding:
(a) Any civil case where the City or one of its employees, as a result of the employee’s official capacity, is a party.
(b) Any civil case where any other city, county, state, or federal unit of government or a member of any such unit of government, as a result of the member’s official capacity, is a party.
(c) Any criminal proceeding where the employee is called to testify or provide information on behalf of the defense.
(d) Any civil action stemming from the employee’s work activity or because of the employee’s association with the City.
(e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the City.

The supervisor will then notify the City Administrator and the appropriate prosecuting attorney if applicable. The City Administrator should determine if additional legal support is necessary.

No employee shall be retaliated against for testifying in any matter. 202.3.2 WORK-RELATED SUBPOENAS
The City will compensate employees who appear in their official capacities on matters arising out of their official duties.

The City should seek reimbursement for the employee’s compensation for appearances on civil subpoenas through the attorney of record who subpoenaed the employee. 118
Item 7.

City of Oroville
Government Policy Manual
Subpoenas and Court Appearances
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Subpoenas and Court Appearances - 26 202.3.3 OTHER SUBPOENAS
Employees receiving valid subpoenas for actions unrelated to their employment or appointment with the City will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors.
202.4 FAILURE TO APPEAR
Any employee who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency.
202.5 COURTROOM PROTOCOL
When appearing in court, employees shall:
(a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear.
(b) Dress and prepared to proceed immediately with the case for which they are scheduled to appear.
(c) Observe all rules of the court in which they are appearing and remain alert to change in the assigned courtroom where their matter is to be heard. 202.5.1 TESTIMONY
Before the date of testifying, the subpoenaed employee should review relevant reports or documents in order to be prepared for court.
202.5.2 RECORDS
When an employee is directed by a subpoena to appear in court with records, that employee should notify the City Clerk promptly after receiving the subpoena that the specified records are needed for court.
119
Item 7.

Policy
203
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 27 Limited English Proficiency Services
203.1 PURPOSE AND SCOPE
This policy provides guidance to employees when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d).
203.1.1 DEFINITIONS
Definitions related to this policy include:

Authorized interpreter - A person who has been screened and authorized by the City to act as an interpreter and/or translator for others.

Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning.

Limited English proficiency (LEP) individual - Any individual whose primary language is not English and who has a limited ability to read, write, speak, or understand English. These individuals may be competent in certain types of communication (e.g., speaking, understanding) but still exhibit LEP for other purposes (e.g., reading, writing). Similarly, LEP designations are contextspecific; an individual may possess sufficient English language skills to function in one setting, but these skills may be insufficient in other situations.

Qualified bilingual employee - An employee of the City, designated by the City Administrator or the authorized designee, who has the ability to communicate fluently, directly, and accurately in both English and another language. Bilingual employees may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another.

Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language).
203.2 POLICY
It is the policy of the City to reasonably provide LEP individuals with meaningful access to services, programs, and activities, while not imposing undue burdens on the City or its employees.

The City will not discriminate against or deny any individual access to services, rights, or programs based upon national origin or any other protected interest or right. 203.3 LEP COORDINATOR
The City Administrator or the authorized designee should delegate certain responsibilities to an LEP coordinator.

The responsibilities of the coordinator should include but not be limited to:
(a) Coordinating and implementing all aspects of the city's LEP services to LEP individuals.
120
Item 7.

City of Oroville
Government Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 28 (b) Developing guidelines that will enable employees to access LEP services, including telephonic interpreters, and ensuring the guidelines are available to all employees. (c) Maintaining and making available to employees, as appropriate, a list of all qualified bilingual employees and authorized interpreters. The list should include information regarding:

1. Languages spoken.

2. Contact information.

3. Availability.
(d) Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages.
(e) Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated.

1. Content on the city website should be included in this review and should be translated on the website, if appropriate.
(f) Annually assessing demographic data and other resources, including contracted language services utilization data and data from government and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation.
(g) Identifying standards and assessments to be used to qualify individuals as qualified bilingual employees or authorized interpreters.
(h) Periodically reviewing efforts of the City in providing meaningful access to LEP individuals, and, as appropriate, developing reports, developing new guidelines, or recommending modifications to this policy.
(i) Receiving and responding to complaints regarding city LEP services. (j) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to city services, programs, and activities.
(k) Requiring third parties providing city services, rights, or programs through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and guidelines to prohibit discrimination or denial of access or services based upon national origin or any other protected interest or right. 203.4 FOUR-FACTOR ANALYSIS
Because there are many different languages that employees could encounter, the City will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that contacts and 121
Item 7.

City of Oroville
Government Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 29 circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of the following four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by city employees, or who may benefit from programs or services within the jurisdiction of this city.
(b) The frequency with which LEP individuals are likely to come in contact with city employees, programs, or services.
(c) The nature and importance of the contact, program, information, or service provided. (d) The cost of providing LEP assistance and the resources available. 203.5 TYPES OF LEP ASSISTANCE AVAILABLE
Employees should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The City will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services.

The City will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language.

LEP individuals may choose to accept city-provided LEP services at no cost, or they may choose to provide their own.

City-provided LEP services may include but are not limited to the assistance methods described in this policy.
203.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most likely to be encountered. If English versions of any vital documents are published on the city website, the translated versions of the same document must also be posted on the website. The LEP coordinator will arrange to make all translated documents available to employees and other appropriate individuals, as necessary.
203.7 AUDIO RECORDINGS
The City may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served.
203.8 QUALIFIED BILINGUAL EMPLOYEES
Bilingual employees may be qualified to provide LEP services when they have demonstrated through established city guidelines a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Employees utilized for LEP services 122
Item 7.

City of Oroville
Government Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 30 must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit.

When a qualified bilingual employee is not available, personnel from another department who have been identified as having the requisite skills and competence may be requested. 203.9 AUTHORIZED INTERPRETERS
Any person designated by the City to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the transaction involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a legal or other proceeding.

Authorized interpreters must pass a screening process established by the LEP coordinator that demonstrates their skills and abilities in the following areas:
(a) The competence and ability to communicate information accurately in both English and in the target language.
(b) Knowledge, in both languages, of any applicable specialized terms or concepts and of any particularized vocabulary or phraseology used by the LEP individual. (c) The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit. 203.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The City may contract with authorized interpreters who are available over the telephone.

Employees may use these services with the approval of a supervisor and in compliance with established guidelines.

Other sources may include:
• Qualified bilingual employees of another department within the City. • Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as court interpreters, among others. 203.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE

ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the City to communicate with LEP individuals.

Where qualified bilingual employees or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, employees must carefully consider the nature of the contact and the 123
Item 7.

City of Oroville
Government Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 31 relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance.

While family or friends of an LEP individual may offer to assist with communication or interpretation, employees should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations.
203.10 CONTACT AND DOCUMENTATION
Although all public contacts, services, and individual rights are important, this city will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular activity involved.

Whenever any employee of this city is required to complete a report or other documentation that involves a situation in which interpretation services were provided to any involved LEP individual, such services should be noted in the related report or documentation. Employees should document the type of interpretation services utilized and whether the individual elected to use services provided by the City or some other identified source. 203.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The City will take reasonable steps to develop in-house language capacity by hiring or appointing qualified employees proficient in languages representative of the community being served. 203.11.1 EMERGENCY ASSISTANCE
City employees will make every reasonable effort to promptly accommodate LEP individuals who appear to be in need of emergency assistance. An employee who determines that a person in need of emergency assistance is an LEP individual should attempt to gather sufficient information to determine what type of assistance the person needs and to initiate an appropriate response to the situation. As soon as possible, if language assistance is still needed and the language is known, the employee should attempt to locate a qualified bilingual employee to assist with the situation.

If a qualified bilingual employee is not available or the employee is unable to identify the primary language used by the LEP individual, the employee should contact the contracted interpretation service for assistance.
203.12 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this city are important to the ultimate success of local government and achievement of the city’s mission. This city will continue to work with community groups, local businesses, and neighborhoods to provide equal access to such programs and services.
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Item 7.

City of Oroville
Government Policy Manual
Limited English Proficiency Services
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Limited English Proficiency Services - 32 203.13 TRAINING
To ensure that all employees who may have contact with LEP individuals are properly trained, the City will provide periodic training on this policy and related guidelines, including how to access authorized telephonic and in-person interpreters and other available resources.

New employees should receive LEP training. Those who may have contact with LEP individuals should receive periodic refresher training. Training records should be maintained in each employee's personnel file in accordance with the established records retention schedule. 203.13.1 TRAINING FOR AUTHORIZED INTERPRETERS
All employees on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.

Employees on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations.

Authorized interpreters will receive annual refresher training. 125
Item 7.

Policy
204
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 33 ADA Compliance
204.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for equal access to local government services, programs, and activities for persons with disabilities in accordance with Title II of the Americans with Disabilities Act (ADA).

This policy also includes guidelines to provide effective communication with persons with disabilities and to protect the rights of individuals who use service animals in accordance with the ADA.
204.1.1 DEFINITIONS
Definitions related to this policy include (28 CFR 35.104):

ADA coordinator - The employee designated by the City Administrator to coordinate the City's efforts to comply with the ADA (28 CFR 35.107).

Assistive devices, auxiliary aids, and services - Tools used to communicate with people who have a disability or impairment. They include but are not limited to the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter.

Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the person uses assistive devices, auxiliary aids, and services. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102; 28 CFR 35.108).

Facility - All aspects of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walkways, parking areas, and other real or personal property (28 CFR

35.108).

Modification - Any change, adjustment, alteration, adaptation, or accommodation that renders a city service, program, or activity suitable for use, enjoyment, or participation by a person with a disability. This may include alteration of existing buildings and facilities.

A modification includes any change or exception to a policy, practice, or guideline that allows a person with a disability to have equal access to programs, services, and activities. It also includes the provision or use of assistive devices, auxiliary aids, and services.

Power-driven mobility device - Any mobility device powered by batteries, fuel, or other engine type used by persons with disabilities for mobility assistance, regardless of whether the device was primarily designed for that purpose (e.g., golf carts, Segway® PT, mobility scooters). For purposes of this policy, it does not include wheelchairs. 126
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 34 Qualified interpreter - A person who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters, and intermediary interpreters.

Service animal - A dog that is trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability.

Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for persons with disabilities, provided the horse is housebroken, is under the handler's control, the building or facility can accommodate the horse's type, size, and weight, and the horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)).
204.2 POLICY
It is the policy of the City that persons with disabilities have equal access to city services, programs, and activities.

The City will not discriminate against or deny any individual access to services, programs, or activities based upon disabilities.
204.3 AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR The responsibilities of the ADA coordinator include but are not limited to (28 CFR 35.130):
(a) Coordinating efforts among each city department to provide equal access to services, programs, and activities including:

1. Establishing guidelines to provide for the performance of routine maintenance on buildings, facilities, or equipment that provide access to persons with disabilities (28 CFR 35.133).
(b) Recommending amendments to this policy, as needed.
(c) Coordinating a process of periodic self-evaluation. The process should include:

1. Inspection of current city buildings and facilities to identify access issues.

2. Review of current city services, activities, and programs for access issues.

3. Assessment and update of current compliance measures.

4. Identification of recurring areas of complaint for which new methods of modification should be considered.

5. Review of the city's emergency programs, services, and activities as they apply to persons with disabilities.

6. Recommendation of a schedule to implement needed improvements. (d) Acting as a liaison with local disability advocacy groups or other disability groups regarding access to city services, programs, and activities. 127
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 35 (e) Developing guidelines for the review and processing of requests for assistance or modifications that will help employees provide persons with disabilities access to city services, programs, and activities, as appropriate.
(f) Providing notice to the public regarding the rights and protections afforded by the ADA (e.g., posters, published notices, handbooks, manuals, and pamphlets describing city services, programs, and activities and the availability of assistive devices, auxiliary aids, and services, as well as modifications) (28 CFR 35.106). (g) Developing guidelines for employees to access assistive devices, auxiliary aids, and services, including qualified interpreters, and making the guidelines available, as appropriate.

1. A list of qualified interpreter services with contact and availability information should be maintained and easily accessible to employees. (h) Developing, implementing, and publishing appropriate guidelines to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to services, programs, and activities (28 CFR 35.107). The complaint guidelines should include an appeal process.
(i) Requiring third parties providing city services, programs, or activities through contract, outsourcing, licensing, or other arrangement to establish reasonable policies and guidelines to prevent discrimination against and denial of access to persons with disabilities.
(j) Developing and implementing guidelines to provide that new construction and any alteration to an existing building or facility are undertaken in compliance with the ADA (28 CFR 35.151).
(k) Developing and implementing guidelines to provide that new construction and alteration of city-maintained roadways, highways, and streets include curb ramps or other sloped areas to make pedestrian-level walkways accessible as required by law (28 CFR 35.150(d)(2); 28 CFR 35.151(i)).
(l) Coordinating with appropriate city staff to address the needs of persons with disabilities in the City's emergency disaster preparedness planning, including consideration of shelters and care facilities, transportation, means of evacuation, communication methods (e.g., warning and emergency notification systems), and post-disaster canvassing.
204.4 REQUESTS
The goal of any modification should be to allow the person to participate in the service, program, or activity the same as a person who does not have a disability.

Upon receiving a request for a modification, employees should make reasonable efforts to accommodate the request based on the preference of the person with the disability. Employees should not ask about the nature and extent of a person’s disability, but should limit questions to information necessary to determine the need for a modification and the type of modification that is appropriate.
128
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 36 If the requested modification, or an alternative modification, can reasonably be made at the time of the request, the employee should make the modification. An employee who is unable to accommodate a request or unsure about whether a request should be accommodated, should contact a supervisor.

The supervisor should review and approve the request, if practicable and appropriate. Otherwise, the supervisor should document the requesting person’s contact information and the modification being requested and forward the request to the ADA coordinator for processing as soon as reasonably practicable.
204.4.1 DENIAL OF A REQUEST
The following should be considered before denying a request for modification:
(a) Requests for modifications should be approved unless complying with the request would result in (28 CFR 35.150):

1. A substantial alteration of the service, program, or activity.

2. An undue financial or administrative burden on the City.

3. All resources available for use in the funding and operation of the service, program, or activity at issue should be considered in this determination.

4. A threat to or the destruction of the historic significance of an historic property.

5. A direct threat to the health or safety of others (28 CFR 35.139). (b) If any of these circumstances are present, the ADA coordinator should work with department staff and the person requesting the modification to determine if an alternative modification is available.
(c) Where physical modification of an existing building or facility, or new construction, would be unfeasible or unduly burdensome, the ADA coordinator should work with department staff to determine whether alternative modifications are available.

Alternative methods that should be considered include (28 CFR 35.150):

1. Reassigning services, programs, or activities to accessible buildings or facilities.

2. Utilizing technology, equipment, rolling stock, or other conveyances.

3. Delivering the services, programs, or activities directly to a person with a disability by way of home visits or meeting the person at an accessible location.

4. Any other means or methods that would make services, programs, or activities readily accessible.
(d) If no alternative modification is appropriate, the ADA coordinator shall issue a written statement explaining why a modification of the public service, program, or activity will not be made (28 CFR 35.150).
129
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 37 204.4.2 PERSONAL DEVICES AND ASSISTANCE
Although employees should make every effort to comply with requests, the provision of personal devices or assistance (e.g., wheelchairs, eyeglasses, hearing aids, personal assistance in eating or using the restroom) to persons with disabilities is not required (28 CFR 35.135). 204.4.3 SURCHARGES
Surcharges shall not be imposed upon persons with disabilities to cover the costs of providing modifications to public services, programs, and activities (28 CFR 35.130(f)). 204.5 MOBILITY DEVICES
Wheelchairs and manually powered mobility devices such as walkers, crutches, canes, and braces are permitted in any areas open to pedestrians.

Power-driven mobility devices other than wheelchairs may be restricted only if a legitimate safety interest is identified that warrants the restriction (28 CFR 35.130(h); 28 CFR 35.137).

An employee should not ask a person using a power-driven mobility device to terminate the use of the device or leave the area unless an imminent and legitimate safety issue is present. If an employee is concerned about the use of a power-driven mobility device by a person with a disability, the employee should contact a supervisor.

The determination of whether a reasonable modification should be made for the use of a powerdriven mobility device within a public building or facility should be based on whether the device, given its size and speed, can be safely used within the particular building or facility taking into account the layout and design of the building or facility, the amount of pedestrian traffic present in the building or facility, and whether there is any risk of damage to the building or facility or its immediate environment as set forth in 28 CFR 35.137.
204.5.1 INQUIRIES REGARDING MOBILITY DEVICES
If an individual is using a power-driven mobility device other than a wheelchair, the employee may seek credible assurance from the individual that the device is needed because of a disability.

Credible assurance of the device’s necessity may be provided in one of the following ways (28 CFR 35.137):
(a) Presentation of a valid, state-issued disability placard or card (b) Presentation of any other state-issued proof of disability (c) A verbal statement, not contradicted by observable fact, that use of the device is necessary for mobility purposes
204.6 COMMUNICATIONS WITH PERSONS WITH DISABILITIES
Employees should remain alert to the possibility of communication problems when engaging with persons with disabilities. When an employee knows or suspects an individual requires assistance to effectively communicate, the employee should identify the individual’s choice of assistive device, auxiliary aid, and service.
130
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 38 The individual’s preferred communication method should be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160).

Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual. (b) The nature, length, and complexity of the communication involved. (c) The context of the communication.

In emergency situations involving an imminent threat to the safety or welfare of any person, employees may use whatever assistive device, auxiliary aid and service reasonably appears effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate assistive device, auxiliary aid, and service. Once the emergency has ended, the continued method of communication should be reconsidered. The employee should inquire as to the individual's preference and give primary consideration to that preference. 204.6.1 TYPES OF ASSISTANCE AVAILABLE
Employees shall not refuse an available type of assistive device, auxiliary aid, and service to a person with a disability who is requesting assistance. The City will not require persons with disabilities to furnish their own assistive device, auxiliary aid, and service as a condition for receiving assistance. The City will make every reasonable effort to provide equal access and timely assistance to persons with disabilities through a variety of assistive devices, auxiliary aids, and services.

Persons with disabilities may choose to accept city-provided assistive devices, auxiliary aids, and services, or they may choose to provide their own.

City-provided assistive devices, auxiliary aids, and services may include but are not limited to the assistance methods described in this policy.
204.6.2 AUDIO RECORDINGS AND ENLARGED PRINT
The City may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, employees may read aloud from the appropriate form or provide forms with enlarged print. 204.6.3 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex interactions (e.g., public meetings or hearings, special or emergency meetings, plan reviews) for individuals who normally rely on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the exchange. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a local government or legal proceeding.

Qualified interpreters should be:
131
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 39 (a) Available within a reasonable amount of time.
(b) Experienced in providing interpretation services.
(c) Familiar with the use of VRS and/or video remote interpreting services. (d) Certified in either American Sign Language (ASL) or Signed English (SE). (e) Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.

Employees should use city-approved guidelines to request a qualified interpreter at the earliest reasonable opportunity or when it is reasonably apparent that an interpreter is needed. Persons with disabilities shall not be required to provide their own interpreters (28 CFR 35.160). 204.6.4 TTY AND RELAY SERVICES
The City will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service.

Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller.
204.6.5 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the City to provide interpreter services.

When qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, city employees must carefully consider the nature of the interaction and the relationship between the person with the disability and the volunteer to be reasonably satisfied that the volunteer can provide neutral and unbiased assistance.
204.6.6 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, employees should carefully consider the circumstances before relying on such individuals. The nature of the interaction and relationship between the person with the disability and the person offering services must be carefully considered to determine whether the family member or friend can provide neutral and unbiased assistance.

Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available.

Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter reasonably available.
132
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 40 (b) The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 204.6.7 FIELD ENFORCEMENT CONSIDERATIONS
It is important that employees are able to effectively communicate with persons with disabilities even though the location of the communication may hinder the employee’s ability to provide assistive devices, auxiliary aids, and other services in a prompt manner.

Employees involved in interactions with persons with disabilities that occur in the field and that could result in any type of civil or criminal enforcement action (e.g., issuing code enforcement citations, shutting off a utility service) should assess each situation to determine if communication assistance is necessary. The length, complexity, and importance of the communication, as well as the individual’s preferred method of communication, should be considered when determining what, if any, resources should be used and whether a qualified interpreter or other service is needed. 204.7 SERVICE ANIMALS
Service animals that are assisting persons with disabilities are permitted in all city buildings and facilities and other areas where the general public is allowed. City employees are expected to treat people with service animals with the same courtesy and respect that the City affords to all members of the public (28 CFR 35.136).
204.7.1 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness, or collar.

Service animals may be used in a number of ways to provide assistance, including:
(a) Guiding people who are blind or have low vision.
(b) Alerting people who are blind or have low vision.
(c) Retrieving or picking up items, opening doors, or flipping switches for people who have limited use of their hands, arms, or legs.
(d) Pulling wheelchairs.
(e) Providing physical support and assisting with stability and balance. (f) Doing work or performing tasks for people with traumatic brain injury, intellectual disabilities, or psychiatric disabilities, such as reminding a person with depression to take medication.
(g) Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 133
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 41 204.7.2 INQUIRIES REGARDING SERVICE ANIMALS
If it is apparent or if an employee is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the employee should ask the individual only the following questions (28 CFR 35.136(f)):
(a) Is the animal required because of a disability?
(b) What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. Employees should not question individuals about their disabilities nor should employees ask any individual to provide a license, certification, or identification card for a service animal.
204.7.3 CONTACT WITH SERVICE ANIMALS
Service animals are not pets. City employees should not interfere with the important work performed by a service animal by talking to, petting, or otherwise initiating contact with a service animal.
204.7.4 REMOVAL OF SERVICE ANIMALS
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an employee should notify an appropriate supervisor who may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)).

Each incident must be considered individually, and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse access to services, programs, or activities to a person with a disability. Employees are expected to provide all services that are reasonably available to a person with a disability, with or without a service animal.
204.8 WEBSITE ACCESS
The ADA coordinator should work with appropriate city employees to develop online content that is readily accessible to persons with disabilities. City web content should be developed in conformance with the most current guidelines issued by the U.S. Department of Justice.

Website content should also be made available to persons with disabilities in an alternative format upon request, if reasonably practicable.
134
Item 7.

City of Oroville
Government Policy Manual
ADA Compliance
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** ADA Compliance - 42 204.9 DOCUMENTATION
Whenever any modification, assistive device, auxiliary aid, and service has been provided, the employee involved should document:
(a) The type of modification, aid, or service provided. (b) Whether the individual elected to use an assistive device, auxiliary aid, and service provided by the City or some other identified source, if applicable. (c) Whether the individual’s express preference for the modification, assistive device, auxiliary aid, and service was not honored, and the reason why an alternative method was used.

The documentation and any written communications exchanged should be maintained consistent with the Records Maintenance and Release Policy.
204.10 COMPLAINTS
An employee who receives a complaint or becomes aware of potential disability discrimination, an ADA violation, or a person’s inability to access a city program, service, or activity should document the complaint and refer the matter to the ADA coordinator (28 CFR 35.107). 204.11 TRAINING
Employees who may have contact with persons with disabilities should receive periodic training on ADA compliance, to include:
(a) Awareness and understanding of this policy and related guidelines, related forms, and available resources.
(b) Guidelines for handling requests for modifications. (c) Accessing assistive devices, auxiliary aids, and services needed to communicate with persons with disabilities.
(d) General requirements of the ADA, including modifying policies and practices, communicating with and assisting customers, accepting calls placed through alternative systems, and identifying alternate ways to provide access to programs, services, and activities as appropriate to the employee's job duties.

Training records should be maintained in each employee's personnel file in accordance with the established records retention schedule.
135
Item 7.

Policy
205
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Emergency Operation Plan - 43 Emergency Operation Plan
205.1 PURPOSE AND SCOPE
This policy addresses the preparation, maintenance, and activation of the city's emergency operation plan.
205.2 POLICY
The City will prepare for large-scale emergencies within and outside its jurisdiction through planning, mutual cooperation with other agencies, and maintenance of an emergency operation plan.
205.3 CITY RESPONSIBILITIES
The City Administrator should designate a person responsible for the city's emergency operation plan and the coordination with applicable local and state departments and entities for disaster planning, mitigation, response, and recovery efforts.
205.4 ACTIVATING THE EMERGENCY OPERATION PLAN
The emergency operation plan should include direction on how to activate the emergency operation plan and who can activate it in response to a major emergency. 205.4.1 RECALL OF PERSONNEL
In the event that the emergency operation plan is activated, all employees of the City are subject to immediate recall to service. Employees may also be subject to recall during extraordinary circumstances as deemed necessary.

Failure to promptly respond to an order to report to work may result in discipline. 205.5 LOCATION OF THE EMERGENCY OPERATION PLAN
Copies of the emergency operation plan should be available to appropriate personnel. All supervisors should familiarize themselves with the emergency operation plan and assist employees in familiarizing themselves with the roles they will play when the plan is implemented. 205.6 EMERGENCY OPERATION PLAN REVIEW
The City Administrator or the authorized designee should review the emergency operation plan at least once every two years and ensure that the plan conforms to any revisions made by the National Incident Management System (NIMS). The City Administrator or the authorized designee should appropriately address any needed revisions.
205.7 TRAINING
The City should provide training on the emergency operation plan for appropriate personnel.

Training should incorporate a full or partial exercise or a tabletop or command discussion. 136
Item 7.

Policy
206
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 44 Volunteers
206.1 PURPOSE AND SCOPE
This policy establishes the guidelines for volunteers to supplement and assist city personnel in their duties. Trained volunteers can augment city personnel and help complete various tasks. 206.1.1 DEFINITIONS
Definitions related to this policy include:

Volunteer - An individual who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. This may include interns, persons providing administrative support, and individuals participating in school-sponsored, educational, or diversion programs, community clean-up efforts, among others. Volunteers may be youths or adults. 206.2 POLICY
It is the policy of the City that volunteers be appointed, trained, and supervised to carry out specified tasks and duties in an effort to create an efficient local government and improve services to the community.
206.3 ELIGIBILITY
Requirements for participation as a volunteer for the City may include but are not limited to:
(a) Residency in the county.
(b) The ability to meet any necessary age requirements. (c) Possession of a valid driver's license, if the position requires vehicle operation. (d) Possession of liability insurance for any personally owned equipment, vehicles, or animals utilized during volunteer work.
(e) No conviction of a felony, any crime of a sexual nature or against children, any crime related to assault or violence, any crime related to dishonesty, or any crime that would be inconsistent with volunteer service with the City.
(f) The ability to meet physical requirements reasonably appropriate to the assignment. (g) A personal background history and character suitable for a person representing the City, as validated by a background investigation, as appropriate.

The City Administrator may allow exceptions to these eligibility requirements based on organizational needs and the qualifications of the individual. 206.3.1 MINORS
Volunteers younger than age 14 must be accompanied by a parent or legal guardian during the performance of their volunteer assignments. Volunteers between the ages of 14 and 18 must have the written consent of a parent or guardian prior to volunteering. 137
Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 45 206.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The City shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral, and professional standards set forth by this city. 206.4.1 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with city policy on equal opportunity, nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in and an ability to assist the City in serving the public.

Requests for volunteers should be submitted in writing by interested city employees to the volunteer coordinator or designee through the requester's immediate supervisor. A complete description of the volunteer's duties and a requested time frame should be included in the request.

All city employees should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The volunteer coordinator may withhold assignment of any volunteer with the approval of the City Administrator until such time as the requester is prepared to make effective use of volunteer resources.
206.4.2 SELECTION
Volunteer candidates shall successfully complete the following process prior to appointment as a volunteer:
(a) Submit the appropriate written application.
(b) Interview with the volunteer coordinator or designee. (c) Successfully complete an appropriate-level background investigation or screening. (d) A release form must be signed prior to starting their assignment. 206.4.3 APPOINTMENT
Service as a volunteer with the City shall begin with an official notice of acceptance or appointment by the City Administrator or the authorized designee. Notice may only be given by an authorized representative of the City, who will normally be the volunteer coordinator.

No volunteer should begin any assignment until officially accepted for the position and all required screening and paperwork has been completed. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of the position description and agreement of service with the City.

All volunteers shall receive a copy of applicable volunteer orientation materials and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.

Volunteers serve at the discretion of the City Administrator. 138
Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 46 206.5 IDENTIFICATION AND DRESS CODE
As representatives of the City, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their assignment.

Necessary safety equipment will be provided for each volunteer, if appropriate for the volunteer position. Identification symbols worn by volunteers shall be different and distinct from those worn by city employees through the inclusion of "Volunteer" on the uniform. All volunteers working in or about areas with streets, parking lots, any area where vehicle traffic exists and/or areas where heavy equipment is utilized shall wear an orange or lime vest at all times.

Certain volunteers may be issued city identification cards to be carried at all times while in the performance of their assignment. The identification cards may be the standard city identification cards, except that "Volunteer" will be indicated on the cards. 206.6 PERSONNEL WORKING AS VOLUNTEERS
Qualified regular city personnel, when authorized, may also serve as volunteers provided the volunteer tasks are unrelated to the employee's normal duties, and are not for the employees own department. However, this city shall not utilize the services of volunteers in such a way that it would violate employment laws or employment agreements. Therefore, the volunteer coordinator should consult with the City Administrator or the authorized designee prior to allowing regular city personnel to serve in a volunteer capacity (29 CFR § 553.100 et seq.). 206.7 VOLUNTEER COORDINATOR
The volunteer coordinator should be appointed by the City Administrator or the authorized designee.

The function of the coordinator is to provide a central coordinating point for effective volunteer management within the City, and to direct and assist efforts to jointly provide more productive volunteer services. Volunteers serve under the general direction of the supervisor in charge of the volunteer's assignment but report to the volunteer coordinator or designee.

The volunteer coordinator may appoint a senior volunteer or other designee to assist in the coordination of volunteers and their activities.

The responsibilities of the coordinator or the authorized designee include but are not limited to:
(a) Recruiting, selecting, and training qualified volunteers. (b) Conducting volunteer meetings and safety meetings as appropriate. (c) Establishing and maintaining a volunteer callout roster, as necessary. (d) Maintaining records for each volunteer.
(e) Tracking and evaluating the contribution of volunteers. (f) Maintaining a record of volunteer schedules.
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Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 47 (g) Completing and disseminating, as appropriate, all necessary paperwork and information.
(h) Planning periodic recognition events.
(i) Maintaining a liaison with other community programs that use volunteers and assisting in community-wide efforts to recognize and promote volunteering. (j) Maintaining volunteer orientation and training materials and outlining expectations, policies, and responsibilities for all volunteers.

An evaluation of the overall use of volunteers will be conducted on an annual basis by the coordinator.
206.8 RESPONSIBILITIES
Volunteers assist city personnel as needed. Volunteers may be assigned to one department to augment the support of paid personnel, but they may be reassigned as needed. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
206.8.1 COMPLIANCE
Volunteers shall be required to adhere to all city policies and guidelines. A copy of the policies and guidelines will be made available to each volunteer upon appointment. The volunteer shall become thoroughly familiar with these policies.

Whenever a rule, regulation, or guideline in this Policy Manual refers to city employees, it shall also apply to a volunteer, unless by its nature it is inapplicable.

Volunteers are required to meet city-approved training requirements as applicable to their assignments.
206.8.2 VOLUNTEER MEETINGS
All volunteers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the volunteer coordinator.
206.9 TASK-SPECIFIC TRAINING
Task-specific training is intended to provide the required instruction and practice for volunteers to properly and safely perform their assignments. Training should correspond to the volunteer's assignment as determined by the volunteer coordinator.

Volunteers will be provided with an orientation program to acquaint them with the policies of the City and guidelines applicable to their assignments.

Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete the required tasks, and should receive ongoing training as deemed appropriate by their supervisors or the volunteer coordinator.
140
Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 48 Training should reinforce to volunteers that they shall not intentionally represent themselves as, or by omission imply that they are, full-time employees of the City. They shall always represent themselves as volunteers.

All volunteers shall comply with the standards of conduct and with all applicable orders and directives, either oral or written, issued by the City. 206.9.1 VOLUNTEER TRAINING MATERIALS
Volunteers will be issued training materials when necessary, based upon the volunteer assignment. The materials should outline the subject matter and skills necessary to properly function as a volunteer with the City. The volunteer shall become knowledgeable of the subject matter and proficient with the skills as set forth in the training materials. 206.10 SUPERVISION
Each volunteer must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance.

Functional supervision of volunteers is the responsibility of the supervisor in charge of the volunteer’s assignment. The following are some considerations that supervisors should keep in mind while supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give volunteers an assignment or task that will utilize these valuable resources.

A volunteer may be assigned as a supervisor of other volunteers, provided that the supervising volunteer is under the direct supervision of an employee. 206.10.1 FITNESS FOR DUTY
No volunteer shall report for work or be at work when the volunteer’s judgment or physical condition has been impaired due to illness or injury, or by the use of alcohol or drugs, whether legal or illegal.

Volunteers shall report to their supervisors any change in status that may affect their ability to fulfill their assignments.
206.11 INFORMATION ACCESS
With appropriate security clearance, a volunteer may have access to or be in the vicinity of confidential or protected information, including but not limited to legal materials, financial data, or information portals. Unless otherwise directed by a supervisor, the responsibilities of the position, or policy, all such information shall be considered confidential. Only that information specifically identified and approved by authorized employees shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by city policy and supervisory personnel.
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Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 49 A volunteer whose assignment requires the use of, or access to, confidential or protected information will be required to obtain the necessary security clearance, which may include a criminal background check and/or the submission of fingerprints to the appropriate state agency.

Volunteers working this type of assignment will receive training in data practices and be required to sign a nondisclosure agreement before being given an assignment with the City. Subsequent unauthorized disclosure of any confidential information verbally, in writing, or by any other means by the volunteer is grounds for immediate dismissal and possible criminal prosecution.

Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to newspapers or other periodicals, release or divulge any information concerning the activities of the City, or maintain that they represent the City in such matters without permission from the proper city personnel. 206.11.1 RADIO USAGE
Any volunteer who operates city radios while acting in the capacity of a volunteer should receive appropriate training on radio usage and shall abide by city radio policies. All radios shall be returned to the appropriate supervisor or designee at the end of a volunteer's shift. 206.12 EQUIPMENT
Any property or equipment issued by the City shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the City and shall be returned at the termination of service.
206.12.1 VEHICLE USE
Any volunteer who operates any vehicle while acting in the capacity of a volunteer shall receive training in safe driving. The specific training and course of study shall be determined by the volunteer coordinator and supervisor in charge of the volunteer's assignment.

Volunteers whose assignments require the use of a vehicle must first complete:
(a) A driving safety briefing and, if necessary to the volunteer position, a city-approved driver safety course.
(b) Verification that the volunteer possesses a valid driver's license. (c) Verification that the volunteer carries current vehicle insurance. (d) No city vehicle shall be used for personal use.

The volunteer coordinator or designee should ensure that all volunteers receive safety briefing updates and license and insurance verification at least once a year.

When operating city vehicles, volunteers shall obey all rules of the road, including seat belt requirements.

Volunteers should not operate marked law enforcement or other emergency operation vehicles unless there is a prominently placed sign indicating that the vehicle is out of service. 142
Item 7.

City of Oroville
Government Policy Manual
Volunteers
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Volunteers - 50 Volunteers are not authorized to operate city vehicles while using the vehicle's emergency equipment (e.g., emergency lights, siren).
206.13 DISCIPLINARY GUIDELINES/TERMINATION
If a volunteer becomes the subject of a complaint or administrative investigation, the matter may be investigated in accordance with city guidelines applicable to regular employees.

Volunteers are considered at-will and may be removed from service at the discretion of the City Administrator or the authorized designee, with or without cause. Volunteers shall have no property interest in their continued appointments or due process interest in an administrative investigation.

Volunteers may resign from volunteer service with the City at any time. It is requested that volunteers who intend to resign provide advance notice and a reason for their decision. 206.13.1 EXIT INTERVIEWS
The volunteer coordinator or designee should conduct exit interviews, where possible. These interviews should ascertain why the volunteer is leaving the position and should solicit the volunteer's suggestions on improving the position. When appropriate, an exit interview should also include a discussion on the possibility of involvement in some other capacity with the City. 143
Item 7.

Policy
207
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Electronic Mail - 51 Electronic Mail
207.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of the electronic mail (email) system provided by the City.
207.2 POLICY
Employees shall use email in a professional manner in accordance with this policy and current public records laws.
207.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).
207.4 RESTRICTIONS ON USE OF EMAIL
Messages transmitted over the email system are restricted to official business activities, or shall only contain information that is essential for the accomplishment of business-related tasks or for communications that are directly related to the business, administration, or practices of the City.

Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, or any other inappropriate messages on the email system is prohibited and may result in discipline.

Email messages addressed to the entire City are only to be used for official business-related items that are of particular interest to all users. In the event that an employee has questions about sending a particular email communication, the employee should seek prior approval from a supervisor.

It is a violation of this policy to transmit a message under another employee’s name or email address or to use the password of another to log into the system unless directed to do so by a supervisor. Employees are required to log off the network or secure the workstation when the computer is unattended. This added security measure will minimize the potential misuse of an employee’s email, name, or password. Any employee who believes the employee’s password has become known to another person shall change the password immediately. 207.5 EMAIL RECORD MANAGEMENT
Email may, depending upon the individual content, be a public record and must be managed in accordance with the established records retention schedule and in compliance with state law.

The Information Technology Manager should ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. 144
Item 7.

City of Oroville
Government Policy Manual
Electronic Mail
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Electronic Mail - 52 207.6 TRAINING
All employees assigned training for comprehensive security awareness shall submit and complete all training as assigned. IT will assign employees training regarding internet and email security. 145
Item 7.

Policy
208
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 53 Budget Policies
208.1 PURPOSE AND SCOPE
At its adoption of the annual budget, the City Council recognizes that the appropriations for the several operating activities and capital budgets included therein are based upon estimates of municipal needs for any given fiscal year. Therefore, in order to establish reasonable flexibility in the administration of the budget, the following policies will apply. These policies are intended to provide necessary authority for the City Administrator to administer the budget during the course of the fiscal year in light of varying conditions which may occur.

It should be noted that the Adopted Annual City Budget is the overall responsibility of the City Administrator. However, department heads are responsible and held accountable for their individual departmental budgets.

These policies are in addition and supplemental to any provisions contained in the Charter of the City of Oroville and the Oroville Municipal Code as such provisions may apply to the administration of the annual budget.

As outlined in Article Vlll, Section 1 of the City Charter, if and when an emergency occurs such as a war, natural disaster, or major accident/civil disturbance, the Mayor shall assume general control of the City Government, and all its branches and be responsible for the suppression of disorders and the restoration of normal conditions.

In addition to the above, and for the purposes of City budget administration, "emergency" also includes a potential or actual threat to public health and safety or serious damage to public and/ or private property.
208.1.1 DEFINITIONS
Appropriations - Operating and Capital Budgets - As used herein, the term "appropriations" shall mean the amounts approved for expenditure by the City Council in its adoption of the annual budget, together with such subsequent "supplemental appropriations" and/or "budget modifications" as it may thereafter approve. In addition, "appropriations" for expenditure purposes which generate and/or are associated with off-setting revenues shall include the impact of said revenues. The City Administrator shall have the authority to take into consideration the amount of such off-setting revenues which are in excess of the "appropriations" and to authorize related expenditures to the limits of the additional off-setting revenues. 208.2 OPERATING BUDGET ACTIVITIES - PERSONAL SERVICES
(a) Staffing:

1. Appropriations to these accounts assume full staffing for the full fiscal year. However, as a result of such factors as attrition, sick leave, training requirements, resignations or retirements, emergencies and other related situations, it may not be possible to fill the allocated positions as planned, or additional manpower may be required. Therefore, in administering the 146
Item 7.

City of Oroville
Government Policy Manual
Budget Policies
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 54 budget, the City Administrator shall have the authority to provide each of the several municipal offices and departments with manpower, so long as his/her administrative decisions to vary from the precise budgetary job title allocations and appropriations do not exceed, except in the case of emergencies, the total appropriations for the operating activities assigned to each municipal department. In the event of emergency situations, the Administrator shall have the authority to meet emergency manpower needs, subject to reporting to the Council such actions as soon as practical thereafter and securing the approval of the Council for an appropriate "Supplemental Appropriation/Budget Modification" therefor.
(b) Advanced Step Hiring:

1. When it appears, by virtue of competitive factors in the job market for a particular job title, or a candidate's specific experience and qualifications, that it will not be possible to employ a qualified candidate for appointment at the beginning in, the pay range to which said job title is assigned, the City Administrator shall have authority to employ said candidates at an advanced pay level within said range, considering the candidate's qualifications, experience, and the needs of the City. The City Council will be provided with a report on City positions filled with applicable salary ranges and steps, on a monthly basis. In accordance with the City Charter, this policy does not apply to the hiring of Department Heads. (c) Overtime:

1. The accrual of overtime and any payments therefor shall be in accordance with the provisions of any approved Memorandum of Understanding or Administrative Policies and Procedures promulgated pursuant thereto. (d) Temporary Appointments:

1. The applicable provisions of The City of Oroville "Personnel Rules and Regulations" also provide for making temporary appointments in the absence of appropriate employment lists of persons meeting the minimum training and experience qualifications for various positions. In administering the budget, the City Administrator shall have the authority to make such temporary appointments pursuant to these "rules", whether for promotional or non-promotional positions, and also to make said appointments to fulfill the requirements of the several departments when the employee regularly filling a position is unavailable for duty of extended periods by reason of illness or other justified absence. The City Administrator shall not be required to take further action with respect to said temporary appointments unless the budgetary impact of said appointments will result in a substantial financial impact upon the municipal fund involved beyond that which had normally been contemplated and projected in the budget.

If there is a substantial financial impact, the City Administrator shall secure the approval of the Council for an appropriate "Supplemental Appropriation/Budget Modification".
147
Item 7.

City of Oroville
Government Policy Manual
Budget Policies
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 55 208.3 OPERATING BUDGET ACTIVITIES, SUPPLIES, SERVICES, LEASES AND RENTS, OTHER SERVICES AND CHARGES. STREET MAINTENANCE MATERIALS. STREET MAINTENANCE CONTRACTS (ACCOUNT NOS. (540-541) - (595-599) Appropriations for these accounts (operating budgetary accounts -not capital outlay accounts) are based upon the best estimates by the offices and departments and the City Administrator of the needs for the respective accounts for the fiscal year. However, such factors as differing operating requirements, price changes,, emergency situations and similar factors may require variation from the normally anticipated expenditure patterns reflected by the approved appropriations. Therefore, in administration of the budget, the City Administrator shall have authority to provide each of the several municipal offices and departments with their requirements for these items so long as his/ her administrative decisions to vary from the precise budgetary appropriations do not exceed, except in the case of emergencies, the total appropriations for the operating activities assigned to each municipal department. Note: Department Heads may not authorize expenditures which exceed the total appropriations for these expenditure categories. However, they are allowed flexibility.

For example, if Account No. 550-554 (training) has reached its budgetary limit and a Department Head wishes to send an employee to another training session, arid sufficient appropriations are remaining in Account Nos. (540-541)-(595-599), then the Department Head may authorize this expenditure. In the event of emergency situations, the Administrator shall have the authority to meet emergency requirements for these items, subject to his reporting to the Council such actions as soon as practical thereafter and securing the approval of the council for an appropriate "Supplemental Appropriation".
208.4 CAPITAL BUDGET EXPENDITURE ACCOUNTS LAND, BUILDINGS, IMPROVEMENTS OTHER THAN BUILDINGS ACCOUNT NOS. (610-611) - (630-639) Appropriations for these accounts are based upon the best estimates by the offices and departments and the City Administrator of the needs for the respective accounts for the fiscal year. However, such factors as differing operating requirements, price changes, emergency situations changed priorities and similar factors may require variation from the normally anticipated expenditure patterns reflected by the approved appropriations. Therefore, in administering the budget, the City Administrator shall have the authority to provide each of the several municipal offices and departments with their requirements for these capital budget items so long as his/her administrative decisions to vary from the precise budgetary appropriations to not exceed, except in the case of emergencies, the total appropriations for the capital items assigned to each municipal department. Note: Department Heads may not authorize expenditures in these categories which exceed individual "line item" budgetary appropriations. Also. all change-orders which exceed 5% (in aggregate) of the approved bid price, for all construction contracts. will.require City Council approval. A "change-order" shall not include a change in the scope of work which is considered to be a separate project.
148
Item 7.

City of Oroville
Government Policy Manual
Budget Policies
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 56 208.5 CAPITAL BUDGET ACTIVITIES - EQUIPMENT AND MACHINERY (ACCOUNT NOS. 641-643)
(a) Appropriations for these accounts are based upon the best estimates by the offices and departments and the City Administrator of the needs for the respective accounts for the fiscal year. However, such factors as differing operating requirements, price changes, emergency situations and similar factors may require variation from the normally anticipated expenditure patterns reflected by the approved appropriations.

Therefore, in his/her administration of the budget, the City Administrator shall have the authority to provide each of the several municipal offices and departments with their requirements for these items so long as his/her administrative decisions to vary from the precise budgetary appropriations do not exceed, except in the case of emergencies, the total appropriations for the operating activities assigned to each municipal office and department. Note: Department Heads may not authorize the Administrator shall have the authority to meet emergency requirements for these items, subject to his/her reporting to the Council such actions as soon as practical thereafter and securing the approval of the Council for an appropriate "Supplemental Appropriation" therefor.
(b) Supplemental Appropriation/Budget Modification Requirements

1. Whenever the City Administrator determines that a proposed budgetary adjustment does not fall within the above policies, or that it would add new or substitute substantially different projects, equipment or programs for those approved for Operating Budget Activity Accounts or for Capital Budget Expenditure Accounts, he/she shall submit to the Council, in advance of approving the adjustment, a "Request for Supplemental Appropriation" or a "Budget Modification" regarding said adjustment. In the event of an emergency situation however, he/she shall have the authority to authorize the necessary actions, subject to his/her reporting such actions to the Council as soon as practical thereafter and securing the approval of the Council therefor. (c) Participation in Federal and/or State Funding Assistance Programs

1. From time to time the City becomes eligible, pursuant to appropriate statutes and/or regulations of the Federal and/or State Government to apply for funding assistance for various activities, programs or projects (such as traffic safety programs, capital funding assistance for public facilities, park facilities, airport facilities and the like).

2. In the event the assistance is received, one of the following courses of action, as applicable shall be taken:
(a) If the assistance for the contemplated activity, program or project fully funds it and no City matching funds are required, no further budgetary action thereon shall be required and the Finance officer is hereby authorized to establish such municipal finds and accounts as are appropriate.
(b) If the assistance and previously appropriated City matching funds fully fund the contemplated activity, program, or project, no further budgetary action shall be required.
149
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City of Oroville
Government Policy Manual
Budget Policies
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 57 (c) If the assistance and previously appropriated City matching funds are insufficient, or no matching funds have previously been appropriated, they shall be appropriated by Supplemental Appropriation of the Council either in connection with any required Council action regarding acceptance of the assistance, or at such later time as their amount can be reasonably determined.
(d) Should such funding assistance involve the employment of persons in the City service, it is recognized that such employment and the retention of such employees is wholly contingent upon the continued allocation of such assistance to the City and that the City has no obligation for continuing the employment of such persons in the event the funding assistance is terminated or otherwise withdrawn. Accordingly, the City Administrator is granted full authority to terminate any and all such persons so employed under these. circumstances, unless, with the approval of the City Council, City funding is appropriated to continue their employment. (d) Donations, Legacies or Bequests

1. After first securing the approval of the City Council, the City Administrator may accept donations, legacies or bequests for the acquisition, improvement or preservation of various City facilities or activities, subject to the terms and conditions imposed by the donor. He/she shall transmit any monies so received to the Finance Officer for deposit in the City treasury to the credit of the appropriate municipal fund. In the case of the real property or personal property donated or bequeathed, the City Administrator shall direct the Finance Officer to record it in the appropriate inventory records of the City. The City Administrator shall have the authority to expend any monies so received in the name of the City and fulfilling the donor's intent, and shall cause an appropriate budgetary account to be charged for all such expenditures, so long as no expenditure of City monies is required. If an expenditure of City monies is required, he/she shall first secure from the City Council approval for an appropriate "Supplemental Appropriation".

2. Note: As per the City Charter, the Parks Commission has a role in the acceptance and disbursement of donations, legacies and bequests which are given specifically for the Parks.
(e) Conference Attendance and Training

1. Members of the "Management Team" and City employees are authorized (City Council approval is not required) to attend such professional conferences and training sessions as may be deemed pertinent and appropriate, within the limits of the funds appropriated annually therefor. Conferences attended by members of the City Council which result in expenditures in excess of $150 will require specific City Council approval.
(f) Business Expense Policy

1. From time to time, during the course of their official duties, City officers and employees incur expenses for transportation, lodging, meals and related items 150
Item 7.

City of Oroville
Government Policy Manual
Budget Policies
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policies - 58 for other than conference or local civic function purposes. Such instances include, but are not limited to: meeting with business guests at meals; paying the transportation, meal, lodging and/or related expenses of candidates for employment (not a standard practice);- paying the transportation, lodging meal and/or related expenses of individuals requested by the City to participate in personnel interview/assessment panels; and the like. All such expenses require department head and/or City Administrator approval and shall be charged to the appropriate budgetary account of the particular officer/employee's Operating Activity Budget.
(g) Contingency Appropriation - General Fund Operating Reserve

1. Contingency appropriation (limited to 5% of the total General Fund Budget) is provided for the general fund in the annual budget when funds are available.

This appropriation, upon July 1 of the fiscal year, is established for the following purposes, and all monies contained in it are hereby appropriated therefore:

2. Operating or capital budget contingency requirements not anticipated at the time of budget adoption;

3. Operating or capital budget emergency requirements not anticipated at the time of budget adoption;

4. To support the requirements of other municipal funds, to the extent required to supplement the resources of these funds.

5. Working capital to provide for seasonal revenue and expenditure variations, and monies to accommodate receipt of revenues in amounts less than anticipated at time of budget adoption, so that general fund expenditures will not exceed fund resources during the course of the fiscal year;

6. Funding for supplemental appropriations approved during the course of the fiscal year in connection with said contingency with said contingency or emergency requirements.
(h) Fund Transfers - Inter-Municipal Fund Transfers

1. The Finance Officer, at the direction of the City Administrator and without requiring the approval of the City Council, is authorized to execute inter-fund transfers, as outlined in the annual budget, during the course of the fiscal year.

In no event shall such transfers exceed applicable appropriations. Examples of such transfers include:
(a) Transfer of monies from the Traffic Control Fund to the General Fund to offset actual expenditures in the General Fund.
(b) Transfer of monies from Gas Tax Funds to the General Fund for appropriate street related projects.
151
Item 7.

Policy
209
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 59 Budget Policy and Purchasing Guidelines
209.1 PURPOSE AND SCOPE
The Annual Adopted Budget is based upon the estimated needs of the City's various funds and departments and the needs of the Successor Agency and the Public Financing Authority applying to all funds that that are received and disbursed by the City and in addition and supplemental to any provisions contained in State Law, the City Charter of the City of Oroville and the Municipal Code, and other applicable Council actions.

In the event that any portion of this policy at any time becomes in conflict with either Federal or State Law, or the Charter or the Code, this policy will not apply in that instance. 209.1.1 DEFINITIONS
Appropriation - the amounts approved for the expenditure or the use of funds by the City Council (or the governing body of an agency for which the Council provides policy direction such as the Oroville Successor Agency or Oroville Public Financing Authority), together with such subsequent supplemental appropriations and/or budget adjustments which are subsequently approved.

Supplemental Appropriation - an increase to the amounts previously approved for expenditure in the Adopted Budget which may have an impact on the fund balance because it is funded by either the spendable portion of the fund balance or by a combination of additional revenues not anticipated in the Adopted Budget and the spendable portion of fund balance.

Budget Adjustment - an increase to one or more line-item appropriations, which has no impact on fund balance, because it is either funded by a corresponding decrease in one or more line items within the same fund or unanticipated revenues to that fund which were not included in the Adopted Budget, with the result that the ending fund balance is not impacted.

Line Item - a single appropriation amount to a specific account; usually this item detail is aggregated as a series appropriation (Salaries and Benefits or Operating Expenses) for purposes of budget control at the Council level. The purpose of further line-item detail in the financial system is primarily to assist Departments in controlling their expenditures at an operational level.

Department - shall refer to the following for the General Fund, with sub-divisions listed below each:
• City Council
• Mayor
• Treasurer
• Administration:
o City Administrator
o Economic Enhancement
o Economic and Community Enhancement
152
Item 7.

City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 60 o City Hall
o City Clerk
o Human Resources
o
Information Technology
o Risk Management
• City Attorney
• Finance
o Finance
o Non-Departmental
o Accrued Leaves
• Public Safety
o Police
• Community Development
o Planning and Development Administration
o Building Code Enforcement
• Public Works Administration
o Streets
o Parks and Trees Administration
o Parks and Trees Operations
Special Funds - All special funds will be equivalent to "Department" for purposes of this Policy, Except for all Housing Funds which will be considered one Department. 209.2 POLICY
Administration of the Annual Adopted Budget and the related policies is the overall responsibility of the City Administrator who is assisted by the Finance Director. The Finance Director is responsible for providing technical assistance to the Department Heads in administering budgets assigned to them and compliance with related policies; however, Department Heads are held accountable for the budgets under their control.

The City Administrator shall have the same duties and responsibilities for the Successor Agency and the Oroville Public Financing Authority as for the City. The Finance Director shall have the same duties and responsibilities for the Successor Agency and Oroville Public Financing Authority, as for the City.

Department Heads and other management staff who administer budgets for the Successor Agency and the Oroville Public Financing Authority shall have the same duties and responsibilities as they have for the City of Oroville.
153
Item 7.

City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 61 The City Council ultimately must approve total appropriations. Staff is entrusted with the administrative authority to efficiently provide service within these total appropriations. It is the staff's responsibility to keep the Council informed of significant issues and the financial consequences of both internal and external events. The goal of this budget policy is to strike a balance between the responsibility of the City Council, Successor Agency and the Oroville Public Financing Authority to provide expenditure authority, oversight, and policy direction while granting staff reasonable flexibility to administer the Budget, so that the work of the City and its related agencies can be carried out efficiently.

As outlined in Article Vlll, Section 1 of the City Charter, if and when an emergency occurs, such as a war, natural disaster, or major accident/civil disturbance, the Mayor shall assume general control of the City Government, and all its branches and be responsible for the suppression of disorder and the restoration of normal condition.

In addition to the above, and for the purposes of City and its related agencies, budget administration emergencies also include a potential or actual threat to public safety or serious damage to public and/or private property.

Budgetary actions taken pursuant to an emergency are required to be documented. Department Heads who make emergency expenditures must prepare a signed statement documenting the emergency expenditure. Documentation must be attached to the request for payment or invoice, which is submitted to the Finance Department for processing. Where the cost exceeds $10,000, a copy of the documentation must be sent to the City Clerk/Secretary of the Successor Agency/ OroviIle Public Financing Authority and the Council/Commissioners, along with the monthly report. 209.3 CATEGORIES OF EXPENDITURES/USES OF FUNDS
• Transfers Between Departments Within a Fund
o Transfers between various departments and line items within a fund are subject to the same rules applicable to transfers between the Personnel, Operational Expenses, Capital, and Non-Operating expenditures within the same department and are allowed as long as approved by the Finance Director and City Administrator/Executive Director and the result is no increase in General Fund cost to that department.
• Expenditure Series Accounts
o Salaries and Benefits - 5000 series accounts: are the accounts which are used for the payment of salaries and benefits. Included in this category are various types of salary accounts such as management, clerical, outdoor labor, safety, temporary salaries and various categories of other compensation such as, overtime, compensation time, vacation pay, uniform allowances, Police reserve pay and volunteer firefighter allowances.
o Services and Supplies - 6000 and 7000 series accounts: are the accounts which are used for the payment of non-payroll related operating expenditures such as office and specialized departmental supplies, repair and maintenance, contract 154
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Budget Policy and Purchasing Guidelines
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Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 62 services, printing, travel, training, grant activities, community promotional, marketing and industrial recruitment activities, etc.
• Non-Operating Expenditures
o Fixed Assets — 8000 - 8899 series accounts: are the accounts which are used for all capital expenditures, which have a normal life greater than one year, including land, buildings, equipment and infrastructure. Fixed assets exceed $2,000 in initial cost.
o Other Charges - 8900 series accounts: are the accounts which are used for certain non-operating expenses, primarily those related to debt service such as principal and interest payments.
• Uses of Funds
o Transfers-Out - 9000 series accounts: are the accounts which are used for making transfers-out of one fund, or department into another fund or department.

Transfers-out are made to reimburse a fund for expenditures made on behalf of the other fund or where a separate fund is required for legal or accounting purposes. City Budget Policy is to minimize general fund costs by obtaining full reimbursement from all special operating funds, up to the maximum supported by actual costs, both direct and indirect. Such charges do not impact overall city expenditures, therefore appropriations to facilitate the transfer of these costs within or from the General Fund may be revised as needed by the Director of Finance with the approval of the City Administrator.
209.4 GRANT CARRY-OVERS, C.I.P PROTECTS WORK IN PROCESS Grants are often accounted for on a multi-year basis. Whenever it is necessary to account for grants on a multi-year basis, an appropriation will be established for the total anticipated expenditures for the entire grant period. The balance of the appropriations will then be carried over from one year to the next, subject to Council/Commissioners approval.

Work in Process on Capital Projects - at the end of the fiscal year the remaining balance of appropriations of capital projects which are in process shall be carried over to the next fiscal year, subject to Council/Commissioners approval. Changes to the Adopted Budget: Additional Revenues:

The Finance Director and a Department Head acting under the direction of the City Administrator/ Executive Director, shall have the authority to take into consideration off-setting revenues which are in excess of budgeted revenues and to authorize a budget adjustment to appropriate for the related expenditures covered by these off-setting revenues of up to $10,000. In the case of Public Safety providing mutual aid, the adjustment may equal the amount or revenue to be reimbursed.

Whenever the Council Commissioners approve an action which necessitates a budget adjustment it is understood that the Council/Commissioners also approve the corresponding budget adjustment. For example: The Council/Commissioners approve the purchase of $5,500 worth of computer equipment. In the Fiscal Impact section of the staff report sent to Council/Commissioners the report details the purchase is being funded by salary savings and that a transfer will have to be 155
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City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 63 made from Salaries and Benefits line items to increase appropriations in the computer equipment account in order to make the purchase. The Finance Director and the Department Head acting under the direction of the City Administrator/Executive Director are authorized to make a budget adjustment based upon the Council/Commissioners actions in approving the purchase.

Appropriation Transfers within a Department between Series 5000 Accounts (Salary and Benefits) 6-7000 Series Accounts (Operating Expenses), 8000 Series Accounts (Capital Projects). The Director of Finance with the approval of the City Administrator, may transfer appropriations between these accounts in a department up to $10,000, as long as total departmental expenditures are not increased. Funds may not be transferred out of the 5000 Salaries and Benefit Series accounts if the remainder is inadequate to fund existing positions for the rest of the year.

Whenever the cost Salaries and Benefits series accounts exceeds the amount budgeted the Finance Director and a Department Head, acting under the direction of the City Administrator/ Executive Director, are authorized to make a budget adjustment of up to $10,000 by reducing the Services and Supplies, Operating, or Capital series accounts of the affected budget. Such transfers must have a neutral or positive impact on fund balance.

In all other instances whenever a budget has been exceeded because of obligations which have already been incurred, or are expected to be exceeded, Council/Commissioners approval will be required in order to increase the appropriations.
209.5 TRANSFERS-OUT - 9000 SERIES ACCOUNTS
The Finance Director acting under the direction of the City Administrator is authorized to make those transfers-out to the actual amounts If 9000 series appropriations are exceeded, as soon as practical thereafter, and at least once prior to the yearend closing, the Finance Director shall initiate action to increase the appropriations.

In all other instances, Council/Commissioners approval will be required in order to increase the appropriations. Anytime appropriations are revised by staff pursuant to this policy, this shall be reported to Council in the subsequent Finance Staff report. 209.6 BUSINESS EXPENSES, CONFERENCES, MEETING, TRAINING AND TRAVEL City Employees, City Treasurer, City Attorney, Members of Boards and Commissions • Department Heads, acting under the direction of the City Administrator/Executive Director, are authorized to make expenditures for business and travel expenses related to City/Agency/Authority business and attendance at such professional conferences/training sessions/meetings with Council approval, up to the amount appropriated in their departmental budget for such expenses. The Supervisor must authorize the subordinate's attendance and must approve the expenditure. In the case of non-employees, the Department Head responsible for the budget which is being charged will approve the expenditure. All expenditures must be in accordance with all 156
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City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 64 policies including the City's Travel and Reimbursement Policy which shall apply to the City and any related agencies which fall under its administrative jurisdiction.

Mayor and Council Members/Oroville Successor Agency/Public Financing Authority Commissioners
• During each fiscal year, every Council Member,Commissioner is, with notice to Council, allowed to attend: 1) the annual League of Cities Conference; 2) one other conference /meeting / training session which does not cost more than $500; and 3) small conferences/meetings/training sessions costing less than $150. The Council/Commission must approve all other travel/conference/meeting or training expenditures. Payments to Council/Commissioners are made in accordance with the City's Travel and Reimbursement Policy and may not exceed final appropriations. 209.7 GRANT EXPENDITURES
From time to time the City or its related agencies become eligible for Federal or State grants.

Should the funding source require a grant application, the application will be submitted to the application to the City Administrator and Finance Director prior to submitting a final application.

The City Administrator may waive pre-approval when notice of the grant did not provide sufficient lead time prior to the grant deadline. Whenever the City applies for a grant, every effort should be made to include all city costs, including direct or indirect costs. If not included in the application, or not approved as part of the grant by the funders, these shall be reported to Council as a city cost, and adequate budget revisions will be recommended as needed.

When a grant is received, one of the following courses of action shall be taken:
(a) If the Council/Commissioners have previously approved the grant and no matching funds are required, the Finance Director and the Department Head, acting under the direction of the City Administrator/Executive Director are authorized to make the required budget adjustment.
(b) If the Council/Commissioners have previously approved the grant and the grant requires matching funds which have already been appropriated, the Finance Director and a Department Head, acting under the direction of the City Administrator/Executive Director, are authorized to make the required budget adjustment. (c) If the grant requires matching funds, and an appropriation has not been made, a supplemental appropriation or a budget adjustment must be approved by the Council/Commissioners unless the staff report and Resolution detailing the funding requirements for the match for the grant have been previously approved by the Council/Commissioners, along with the grant application. In the event previous approval for the funding of the match was obtained, the Finance Director and a Department Head, acting under the direction of the City Administrator/Executive Director are authorized to make the required budget adjustment.

In all other instances, Council/Commissioners approval will be required in order to increase the appropriations.
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Item 7.

City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 65 209.8 EXPENDITURES UNDER $25,000
Council/Commissioners approval is not required prior to making a regular expenditure less than $25,000 if the item is within the budget authorization of the City Administrator/Executive Director or his/her designee and prior Council/Commissioners approval is not required by State Law or City Codes or policies.

Before making expenditures for supplies, equipment, and services, which exceed $5,000 a purchase order must be authorized by both the department and the Finance Director. If the purchase is between $5,000 and $25,000 it is subject to the informal bidding requirements contained in the City Code and in Ordinance 1595. All purchase orders over $25,000 and not previously approved by Council shall be reported to the council, in the next Council Packet, subject to packet publication deadline requirements.

The limit applies only to a single invoice or the purchase of a single item. Multiple purchases from the same vendor which are under the limit individually do not require prior Council/Commissioners approval as long as the purchases are not being intentionally made in smaller amounts in order to avoid obtaining Council/Commissioners approval.
209.9 AUTHORIZATION TO GO OUT TO BID WHERE A SEALED COMPETITIVE BID IS

REQUIRED
If the budget provides for the expenditure, Council/Commissioners authorization is not required prior to going out to bid, unless otherwise required by State Law or City Codes or policies.

Public (Capital) Projects as defined by the Public Contract Code of the State of California (Section 22000-22045)
(a) Exception to section 22032 of the Public Contract Code of the State of California is as follows:
(b) Public projects of forty-five thousand dollars ($45,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
(c) Public projects of Twenty-five Thousand ($25,000) or less may be let to contract by informal guidelines as set forth in the article. Council will be apprised of the results on a Council agenda within 15 days but in no case later than 30 days. (d) Public projects over Twenty-five Thousand ($25,000) will follow the competitive bid guidelines outlined in Section 2-63.101 thru 2-63.701 of the Oroville City Code as reenacted in Ordinance 1595. (e) Items budgeted and appropriated by the Council during the annual budget approval process shall be deemed approved and funds appropriated. Staff is not required to return for authorization for purchase of items but must follow the appropriate procurement process.
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City of Oroville
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Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 66 209.10 EXPENDITURES GREATER THAN $25,000
Council/Commissioners approval is not required prior to making an expenditure greater than $25,000 if there are sufficient appropriations in the current Adopted Budget (as revised pursuant to this policy) of the department to cover the expenditure and:
(a) The expenditure represents a progress payment, which does not exceed the 10% Contingency approved as part of a contract or agreement previously approved or awarded by the Council commissioners.
(b) The expenditure represents a partial payout of an economic development loan previously approved by the Council/Commissioners; or is a loan or purchase approved by the Housing Loan Advisory Committee; or a loan or purchase approved by the Economic Development Loan Advisory Committee which does not exceed $250,000. (c) The expenditure is for an insurance policy. If the increase is over 10% quotes must be obtained from at least 3 sources.
(d) Other Exceptions: Payroll and the related benefit expenses (except as noted elsewhere in this policy), utility costs, postage, insurance premiums, concrete, road maintenance supplies and materials, fuel, communication expenses, debt service expenditures, contracted services (except where Council/Commissioners approval is required) payments to other governmental agencies, CDBG activities which are covered under grant guidelines previously adopted by the Council/Commissioners, other grant activities, State Theater performance expenses and trust and agency fund disbursements, or any other expenditure which in the judgment of the City Administrator/Executive Director is routine.
(e) Special Rules: The Director of Finance department may issue purchasing requirements addressing particular types of purchases to improve efficiency and cost savings, as long as these do not conflict with this budget policy. 209.11 STAFFING AND PAYROLL RELATED EXPENDITURES
Appropriations to the Salaries and Benefits - 5000 series accounts in the Adopted Budget assume full staffing for the full fiscal year. However, as a result of such factors as attrition, sick leave, training requirements, resignations, retirements, emergencies and other related situations, it may not be possible to fill all of the allocated positions as planned, additional staffing may be needed, or positions may need to be filled at a different skill level than provided in the Adopted Budget.

A Department Head working in conjunction with the Personnel Officer, and acting under the direction of the City Administrator/Executive Director, may make a temporary promotional appointment or hire a temporary employee at any level on the salary range, or contract for a temporary employee (normally this will be done through a temporary employment agency) in order to: 1) temporarily fill any authorized position which has been vacated due to the resignation, retirement, termination, sickness or other temporary absence of the incumbent; or, 2) fill a position in the event of an emergency. If the expense related to temporary help will cause any line items in the Adopted Budget to be exceeded, a budget adjustment or supplemental appropriation must precede the action, except in cases of emergency.
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Item 7.

City of Oroville
Government Policy Manual
Budget Policy and Purchasing Guidelines
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Budget Policy and Purchasing Guidelines - 67 Council/Commissioners approval is required for all other reclassifications, salary adjustments, equity adjustments, costs of living raises or any other changes to the Salary and Pay Schedule listing in the Adopted Budget (except for temporary positions which are not listed).

Council/Commissioners approval is also required for all other changes, such as new nonemergency temporary positions, changes in titles, reclassifications, or any other changes to the Summary of Personnel listing in the Adopted Budget.

The City Administrator/Executive Director and the Personnel Officer, may hire an employee at an advanced step in the salary range up to step G if justification is provided to the Council/ Commissioners at the time of the hiring decision and:

Competitive factors in the job market for a particular job title, or a candidate's specific experience and qualifications are such that it will not be possible to employ the most qualified candidate at the beginning step on the salary range.

The accrual of overtime and any payments of overtime shall be in accordance with the provisions of any approved M.O.U., employee contract or resolution and/or the Personnel Rules and Regulations and Personnel Policies.

On a bi-annual basis, the Personnel Officer will prepare a report to the Council/Commissioners on all positions filled, except for Department Heads. The report will contain the applicable steps and ranges for each position and indicate whether the employee is temporary or permanent. 209.12 DONATIONS
Donations may be accepted by the Finance Director and a Department Head, acting under the direction of the City Administrator. As soon as possible, after accepting the donation it will be placed on the consent calendar so that the donation can be acknowledged by the Council Commissioners. If a particular donation either will result in other than insignificant cost to the city or is conditioned such that it will result in an unfunded burden on staff resources, staff will recommend to the Council that the donation not be accepted. The guideline necessary to make a Budget Adjustment in order to increase appropriations for a cash donation is detailed elsewhere in this policy.
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Policy
210
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Bidding on City Contracts, Materials, Etc. - 68 Bidding on City Contracts, Materials, Etc.
210.1 PURPOSE AND SCOPE
To establish a policy and guideline for the award of bids for the purchase of materials, supplies and contract work.
210.2 POLICY
Contracts for furnishing materials, supplies or contract work to the City shall be let to the lowest responsible bidder following advertising for bids as required by the Charter.

The City Council may reject any and all bids presented, and may re-advertise, in its discretion.

The City shall not refuse to grant a contract to lowest responsible bidder solely on the grounds that his place of business is not located within the City.

Contracts shall be awarded without favoritism and no preference shall be granted to bidders solely on the ground that their places of business are located within the City, however, a credit may be granted to a local bidder in an amount equal to any sales or use tax to which the City might be entitled by virtue of the contract.
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Policy
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City of Oroville
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Published with permission by City of Oroville ***DRAFT*** Accounts Payable - 69 Accounts Payable
211.1 PURPOSE AND SCOPE
This statement establishes a policy and guidelines for paying vendors and others who may have a claim against the City. It will also describe how the Council is to be notified of such payments. 211.2 POLICY
The Finance Director is charged with designing and administering systems of financial and accounting controls which effectively and efficiently protect the assets of the City. The Finance Director shall have the authority to review and approve all claims for payment of City funds made by Department Heads, vendors or other claimants. It shall be the responsibility of the Finance Director to report monthly all monies thus paid. Sufficient safeguards shall be maintained to protect the assets of the City.

The objective of this policy is to allow sufficient flexibility in the timing of payments to take best advantage of purchase discounts, cash float and cash management principles while maintaining superior controls over the City's assets.
211.3 GUIDELINE
(a) The Finance Department will process accounts payable on a weekly basis. Typically, checks will be printed and issued each Friday. All payment requests should be submitted to the Finance Department for approval and processing by 5 p.m. the preceding Monday.
(b) At the first City Council meeting of each month, the Finance Director will report to the Council, through the Consent Calendar, all payments made to vendors since the previous monthly reporting.
(c) The report shall include the name of the payee, date of payment, amount paid and a brief description of the purpose of the payment.
(d) To maintain safeguards over City funds:

1. All payment requests shall be reviewed by the Finance Director or his/her designee for budget authority and appropriateness.

2. All payment authorizations shall be made by Department Heads or their designated representatives. It is the Council's stated policy that Department Heads are responsible for expenditures incurred by their departments.

3. All payments made by City check shall be signed by the City Treasurer, or by his/her facsimile signature, upon his/her authorization. 162
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Published with permission by City of Oroville ***DRAFT*** Facilities - 70 Chapter 3 - Facilities
163
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Policy
300
City of Oroville
Government Policy Manual
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Published with permission by City of Oroville
***DRAFT*** Key and Electronic Access Device Controls - 71 Key and Electronic Access Device Controls
300.1 PURPOSE AND SCOPE
The control and accountability of keys is important to maintain a safe and secure environment for employees and members of the public.
300.1.1 DEFINITIONS
Definitions related to this policy include:

Key - All electronic or mechanical devices used to access or exit city buildings and facilities. It includes proximity cards, key fobs, and other electronic access devices. 300.2 POLICY
It is the policy of the City that all keys used to access local government buildings and facilities are inventoried and controlled.
300.3 KEY IDENTIFICATION
All keys that open any doors or locks to city buildings or facilities should be marked with unique identification codes that will allow for quick inventory. Keys that are bundled together as a set should be numbered or coded with a tag to identify that set and the number of keys on the ring.

The identifying numbers or codes on keys should not correspond to numbers/codes on locks.

A separate secure document identifying all keys will be maintained by the City Administrator or the authorized designee.
300.4 KEY CONTROL
Keys may be issued to employees or accessed and checked out by authorized employees from secure designated areas. Keys issued to or accessed and checked out by employees shall be limited to only those keys necessary for the employee's position.

Employees shall not loan electronic key card, key or key set to another person. All keys must be issued or checked out through the control process. Employees shall not possess any key for which they have not been authorized.

All keys issued or checked out to employees remain the property of the City. Employees shall not duplicate, mark, alter, or manufacture any key without written authorization from the City Administrator or the authorized designee.

When the employee's use of the key(s) comes to completion, the key(s) shall be returned to the appropriate supervisor or designee. The supervisor needs to then return the physical key(s) to the Human Resources Manager or designee, and the electronic key(s) to the Information Technology Manager or designee.

The City Administrator or the authorized designee should regularly inventory all city keys. 164
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City of Oroville
Government Policy Manual
Key and Electronic Access Device Controls
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Key and Electronic Access Device Controls - 72 300.5 LOCK POLICY
All city buildings and facilities should be kept locked during non-operating hours. Employees shall not leave public entrances to city buildings and facilities unlocked or propped open during nonoperating hours. Employees should never leave non-public entrances to city buildings and facilities unlocked or propped open.
300.6 TESTING
The City Administrator or the authorized designee should periodically test locks to doors and gates for proper function and document the testing.
300.7 EMERGENCY KEY SET
At least one key set containing every key for city buildings and facilities should be kept separate from all of the other key sets in a secure location and made accessible only to the City Administrator or the authorized designee in the event of an emergency. 300.8 MISSING KEYS
Any employee who discovers that a key or key set is missing shall report it to a supervisor as soon as reasonably practicable. If a reasonable effort to locate the key fails, the supervisor shall notify the City Administrator or the authorized designee regarding the loss of the key, when it was discovered, and the circumstances involved.

The City Administrator or the authorized designee will determine whether to re-key any locks that may have been compromised, and whether this should be done immediately. 300.9 DAMAGED KEYS OR LOCKS
Malfunctioning or damaged keys or locks shall be promptly reported to a supervisor. No part of a broken key should be left in the lock. All portions of the damaged key must be turned in to a supervisor, who will provide a replacement key as needed. Damaged locks should be replaced or repaired as soon as practicable. Appropriate security measures should be taken until such time as the lock is properly restored.
300.10 KEY CONTROL RECORDS
The City Administrator or the authorized designee will maintain documentation for the accounting and security of all keys and key sets. Key control measures should be documented by the designated employee and the records retained in accordance with established records retention schedule.
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Policy
301
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Public Safety Video Surveillance System - 73 Public Safety Video Surveillance System
301.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of city public safety video surveillance, as well as the storage and release of the captured images. 301.2 POLICY
The City operates a public safety video surveillance system to enhance public safety and security in public areas. Cameras may be placed in strategic locations to help safeguard against potential threats to the public, to help manage emergency response situations during natural and manmade disasters, and to assist city officials in providing services to the community.

Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
301.3 OPERATIONAL GUIDELINES
Only city-approved video surveillance equipment shall be utilized. Employees authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The City Administrator or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 301.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the City Administrator or the authorized designee should confer with any appropriate city department when evaluating camera placement. Environmental factors, including lighting, location of buildings, and presence of vegetation or other obstructions, should also be evaluated when determining placement.

Cameras should only record video images and sound, such as gunshots, glass-breaking, and sawing, but not conversations. The public safety video surveillance system may be useful for the following purposes:
(a) To prevent, deter, and identify criminal activity.
(b) To respond to critical incidents.
(c) To augment resources in a cost-effective manner.
(d) To monitor pedestrian and vehicle traffic activity.

Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. When activity warranting further investigation is reported or detected at any camera location, the available information should be preserved and the appropriate department should be notified in a timely manner.
166
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City of Oroville
Government Policy Manual
Public Safety Video Surveillance System
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Public Safety Video Surveillance System - 74 The City Administrator or the authorized designee may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by law enforcement, government agencies, road or traffic crews, or fire or emergency operations personnel.

Unauthorized recording, viewing, reproduction, dissemination, or retention of anything documented by public safety surveillance equipment is prohibited. 301.3.2 CAMERA MARKINGS
When necessary, all public areas monitored by public safety surveillance equipment should be marked in a conspicuous manner with appropriate signs to inform the public that the area is under surveillance by the City. Signs should be well lit, placed appropriately, and without obstruction to ensure visibility.
301.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The City may elect to integrate its public safety video surveillance system with other technology to enhance available information. Integration with video-based analytical systems may be considered based upon availability and the nature of the surveillance strategy.

The City should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems requires additional safeguards.
301.4 VIDEO SUPERVISION
Supervisors should monitor video surveillance access and usage to ensure employees follow city policy and applicable laws. Supervisors should ensure such use and access is appropriately documented.
301.4.1 VIDEO LOG
A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the:
(a) Date and time access was given.
(b) Name and department of the person being given access to the images. (c) Name of the person authorizing access.
(d) Identifiable portion of images viewed.
301.4.2 PROHIBITED ACTIVITY
Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived 167
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City of Oroville
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Public Safety Video Surveillance System
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Public Safety Video Surveillance System - 75 characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group.
301.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized persons. All actions taken with respect to preservation or retention of media shall be appropriately documented.

The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with this policy and the established records retention schedule. 301.5.1 EVIDENTIARY INTEGRITY
Any recording that has been identified as evidence, or that could be relevant to pending or reasonably anticipated investigations or legal action, shall be preserved in a manner that retains its original content.
301.6 RELEASE OF VIDEO IMAGES
All recorded video images gathered by the public safety video surveillance equipment are for the official use of the City.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for public records.

Requests for recorded images from other government entities shall be referred to the City Administrator.

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established city subpoena process.
301.7 VIDEO SURVEILLANCE AUDIT
The City Administrator or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit, and effectiveness of the system, including any public safety issues that were effectively addressed and any systemic operational or administrative issues that were identified, including those related to training, discipline, or policy.

The results of each review shall be appropriately documented and maintained by the City Administrator or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed. 168
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City of Oroville
Government Policy Manual
Public Safety Video Surveillance System
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Public Safety Video Surveillance System - 76 301.8 TRAINING
All city employees authorized to operate or access public safety video surveillance systems should receive appropriate training. Training should include guidance on the use of cameras and a review of relevant policies and guidelines. Training should also address state and federal law related to the use of video surveillance equipment and privacy.
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Policy
302
City of Oroville
Government Policy Manual
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Published with permission by City of Oroville ***DRAFT*** Use of Public Facilities - 77 Use of Public Facilities
302.1 PURPOSE AND SCOPE
This policy provides guidance regarding the permitting process for the use of city facilities by members of the public.

This policy does not apply to spontaneous expressive activities such as demonstrations or to expressive activities of groups of fewer than 50 people. Nor does it apply to other gatherings of fewer than 50 persons when the department head has developed appropriate nondiscriminatory application or request processes for the use of city facilities under the control of the department head.
302.1.1 DEFINITIONS
Definitions related to this policy include:

Applicant - Any individual, group, or organization seeking approval to use city facilities.

Facilities - Any buildings, rooms, structures, sites, complexes, parks, roads, walkways, parking areas, equipment, and other real or personal property owned or leased by the city that are made available for use by the general public.
302.2 POLICY
It is the policy of the City to make certain facilities available for public use in a fair and equitable manner based on an established application and permitting process. 302.3 PERMIT PROCESS
The City Administrator or the authorized designee should develop, implement, and maintain a permitting process for the use of city facilities. The process should include:
(a) A standardized application and reservation system.
(b) An application submittal period and review process. (c) A method of communicating confirmations and denials of applications, as well as an appeals process for denials.
(d) Permit forms for facility use.
(e) A fee schedule for facility use and for payment of deposits, balances due, and refunds. (f) A nondiscriminatory process for establishing how much liability insurance will be required from applicants.
(g) A process for making changes to existing reservations and for cancellations. (h) The designation of city employees responsible for enforcing permit terms. (i) Rules and regulations for facility use (e.g., cleaning, smoking/vaping, alcohol use, food and beverage sales or service, insurance coverage).
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Government Policy Manual
Use of Public Facilities
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Use of Public Facilities - 78 (j) A process for determining when free speech expression areas will be necessary and a process for designation and monitoring of such areas, when used.

The City Administrator should also adopt and maintain city requirements related to facility use permits, including duration of use, traffic control, and noise limitations. 302.3.1 APPLICATION REVIEW
(a) The following should be considered when determining whether to grant or deny an application for facility use:

1. The application should be complete and not contain false or misleading information.

2. The activity or event should not pose unreasonable health or safety risks.

3. Appropriate ancillary facilities such as parking and sanitary facilities should be available and adequate for the activity or event.

4. The activity or event should not pose an unreasonable risk of damage to city facilities.

5. An application should be denied if the applicant has damaged city facilities in the past and has failed to pay for the damages.

6. Adequate supervision and security personnel for the activity or event should be provided by the applicant.
(b) When determining whether to grant or deny an application for facility use, the City shall not consider an applicant’s:

1. Actual or perceived classification or status protected by law, such as religion, race, or gender identity or expression.

2. Political, social, or ideological beliefs.

3. Viewpoint, message, or program content and any anticipated response. 302.3.2 PERMIT TERMS
Permits should contain the applicant’s agreement to:
(a) Return the facilities to their original condition and assume responsibility for any damage or loss sustained.
(b) Comply with all federal, state, and local laws, regulations, and ordinances, as well as all permit requirements and conditions imposed by the City. (c) Refrain from promoting, permitting, or engaging in illegal activity. (d) Obtain a general liability insurance policy in the amount required naming the City as an additional insured and identifying the policy as primary to the city’s insurance coverage.
(e) Make it clear to the public that the activity or event is the applicant’s and that any message is not endorsed or made by the City.
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Government Policy Manual
Use of Public Facilities
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Use of Public Facilities - 79 Permits should also contain notice to the permitee that failure to comply with permit terms may result in enforcement action and denial of future applications. 302.4 DISTURBANCES OR CRIMINAL ACTIVITY
Non-law enforcement employees should not attempt to physically control a person or group that is creating a disturbance or engaging in criminal activity on city property during a permitted activity or event. Such instances, as well as unapproved demonstrations or acts of civil disobedience, should be reported to law enforcement for handling.
302.5 RECORDS
All records created and submitted during and related to the permitting process should be maintained in accordance with the established records retention schedule. 172
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Policy
303
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Holiday Displays - 80 Holiday Displays
303.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on holiday displays by the City.

The use of city facilities by members of the public or private groups is addressed in the Use of Public Facilities Policy.

Memorials on city property are addressed in the Memorials on Public Property Policy. 303.2 POLICY
It is the policy of the City that city seasonal temporary holiday displays be appropriate and lawful. 303.3 RESPONSIBILITIES
The City Administrator should review and approve each city holiday display.

The City Administrator’s review should be completed prior to installation of the display and should include a review of the following:
(a) The location of the display, including the types of structures and properties immediately adjacent to the display.
(b) The manner and format in which the different secular and non-secular decorations will be displayed.
(c) Whether the display complies with the criteria set forth in this policy.

If the City Administrator has any concerns regarding the content of the display, counsel should be consulted prior to proceeding.
303.4 REVIEW CRITERIA
A city holiday display should not have an overall effect of supporting or endorsing a religion or denigrating or inhibiting any religion or religious belief. When reviewing a proposed display, the City Administrator should consider the following:
(a) The holiday display should:

1. Have a primary purpose that is secular.

2. Recognize the celebration of the holidays and/or seasonal traditions (e.g., lights, snowflakes, Santa Claus in the winter; bunnies, baskets, eggs in the spring).

3. Include religious symbols only if they are accompanied by numerous other nonreligious holiday items and in a non-religious setting. (b) The holiday display should not:

1. Include religious symbols (e.g., a nativity scene, a cross, a menorah) alone or in a setting that focuses on or draws attention to a specific religion or the religious nature of a symbol.
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Government Policy Manual
Holiday Displays
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Holiday Displays - 81

2. Be placed in any location that makes it appear that the display endorses a religion (e.g., on property adjacent to a church, other religious institution, or area connected to a religion; on city property that has a statue, monument, or sign that in combination with a holiday display might appear to endorse a religion).

3. Be used for any religious practices or ceremonies.
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Policy
304
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Memorials on Public Property - 82 Memorials on Public Property
304.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on the review and approval of city memorials and the relocation, alteration, or removal of existing memorials on city property.

This policy addresses memorials established by the City and memorials requested or donated by members of the public.

This policy does not apply to the following:
(a) Works of art that are not memorial or commemorative in nature (b) Signage or plaques placed on city property for the purpose of acknowledging a donor or sponsor
(c) Historical markers or placards that provide information to the public Temporary displays on city property are addressed in the Holiday Displays and the Use of Public Facilities policies.
304.1.1 DEFINITIONS
Definitions related to this policy include:

Memorial - A permanent monument, museum, building, garden, plaque, sculpture, or the like intended to commemorate or preserve the memory of a person, group, action, or event. 304.2 POLICY
It is the policy of the City that memorials on city property be considered and approved pursuant to this policy.
304.3 RESPONSIBILITIES
The City Administrator or the authorized designee should:
(a) Establish guidelines for the submission, review, and approval of requests by members of the public for new city memorials or for the removal, alteration, or relocation of existing memorials. The guidelines should include:

1. That all requests be submitted in writing.

2. For new memorials, that the request includes detailed information regarding the form and substance of the proposed memorial, the proposed location, and the proposed source of funding.
(a) The proposed memorial should be presented either in fully finished form or in a model prior to final acceptance by the City.

3. For existing memorials, that the request includes the reason for the requested removal, relocation, or alteration.
(a) Requests for relocation should identify the new proposed location. 175
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Memorials on Public Property
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Memorials on Public Property - 83 (b) Requests for alteration should detail the type and form of the proposed alteration.

4. Review by any appropriate department.

5. The opportunity for input from members of the public.

6. The opportunity for the City to ask the requester for modifications to a proposed memorial, relocation, or alteration consistent with this policy.

7. That any denial of a request be documented.

8. An appeal process to the City Administrator or the governing body for application denials or modification requests.
(b) Provide notice to members of the public making requests that:

1. For new memorials, the memorial becomes the property of the City upon installation.

2. The City may deny any request after a review of the request under the guidelines established by this policy.

3. The City will make a final determination as to the location of all new or relocated memorials within the City.

4. Existing memorials on city property do not establish a precedent for any future approvals.
(c) Adopt and maintain additional city requirements relating to new memorials or the removal, alteration, or relocation of existing memorials.

1. Requirements may include size, material quality, and appearance standards. (d) Coordinate a process for the periodic review of existing memorials to consider whether:

1. Relocation, alteration, or removal is appropriate. This process should include the evaluation of the overall condition of the memorial and whether there are any reasons to consider the relocation, alteration, or removal of the memorial.

2. Designation as a historic landmark or district under federal, state, or local laws or guidelines is appropriate for any memorials.
(e) Create a list of all memorials within the City that includes the type of memorial, the current location of the memorial, and any specific maintenance, safety, or access information relevant to the memorial.
304.4 CONSIDERATIONS FOR NEW MEMORIALS
The following criteria should be considered for all new memorials:
(a) The memorial should:

1. Support or promote the common history of the City, local culture, civic identity, or mission of the City.

2. Be of historical or social significance.
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Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Memorials on Public Property - 84

3. Be located in an area that is connected with the person or event being commemorated.

4. Be compatible with the area surrounding the proposed location. (a) The size, content, and appearance of the memorial should improve or otherwise enhance the social and physical environment of the surrounding area.

5. Comply with any additional city requirements related to memorials. (b) The memorial should not:

1. Present unreasonable maintenance, security, environmental, or access issues.

2. Be offensive to a reasonable person.

3. Reasonably appear to be promoting, favoring, or inhibiting any religion or political affiliation.

Consideration should be given to how the memorial corresponds with other memorials in the immediately surrounding area and in the City generally. 304.5 CONSIDERATIONS FOR THE REMOVAL, ALTERATION, OR RELOCATION OF

EXISTING MEMORIALS
The following criteria should be applied to all cases where the removal, alteration, or relocation of a memorial is being considered, whether initiated by a request from members of the public or internally by city officials or staff.
(a) The memorial should be removed, altered, or relocated, as appropriate, if:

1. The memorial has deteriorated to the extent that it cannot be safely maintained in its current location.

2. Security issues make the current location unreasonable.

3. The memorial is damaged beyond reasonable repair.

4. Social or environmental changes to the location or surrounding area have made the memorial no longer appropriate for the location.

5. The memorial is no longer sufficiently connected to the common history, local culture, or mission of the City.

6. A more appropriate alternative location for the memorial is reasonably available. (b) The memorial should not be removed, altered, or relocated:

1. If federal, state, or local laws restrict the removal, alteration, or relocation of the memorial.

2. Without appropriate pre-approvals from federal, state, or local officials, as required.

3. If removal, alteration, or relocation is not consistent with additional requirements adopted or maintained by the City Administrator.
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City of Oroville
Government Policy Manual
Memorials on Public Property
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Memorials on Public Property - 85

4. Without final approval of the City’s governing body. 304.6 DAMAGE OR DETERIORATION
Employees who observe damage to or significant deterioration of an existing memorial should report the damage to a supervisor. Appropriate repairs may be made with supervisory approval.

If damage or deterioration to a memorial reasonably appears to present a safety issue, access to the memorial should be restricted and a supervisor should be immediately notified. 304.7 DOCUMENTATION
The following should be created and maintained consistent with the established records retention schedule:
(a) The list of memorials within the City.
(b) Documentation relating to the approval of any new memorials. (c) Documentation relating to the removal, relocation, or alteration, of any memorial, including the reason for the action, and whether the memorial has been stored or otherwise disposed of.
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305
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Flags - 86 Flags
305.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper display of flags at city facilities. 305.2 POLICY
It is the policy of the City to display flags in compliance with federal and state laws and local ordinances.
305.3 DISPLAY OF FLAGS
Flags flown at city facilities will be displayed in the following order of prominence:
(a) The United States flag
(b) Flags of foreign governments recognized by the United States when flown with the United States flag
(c) The state flag
(d) The city flag
(e) The department flag
(f) Any commemorative flags
305.4 DISPLAYING THE FLAG OF THE UNITED STATES
Federal law providing for the use and the display of the United States flag is contained in Title 4 Chapter 1 of the United States Code, commonly referred to as the “Flag Code.” The City will display the flag of the United States in accordance with the provisions of 4 USC § 1 through 4 USC § 10.
305.4.1 DISPLAY OF THE UNITED STATES FLAG IN DAILY OPERATIONS Employees should consult the Flag Code for guidance whenever the flag of the United States is to be displayed in any manner. This is to ensure that the display is presented in accordance with the Flag Code and as follows:
(a) The United States flag should be conspicuously posted on all city facilities during hours of operation.
(b) It is the universal custom to display the flag only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness (4 USC § 6). (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed (4 USC § 6).
(d) The United States flag may only be flown at half-staff by Presidential or Gubernatorial decree, and on Memorial Day until noon (4 USC § 7).
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City of Oroville
Government Policy Manual
Flags
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Flags - 87 Whenever the United States flag is displayed in conjunction with other flags or symbols it should occupy the “Place of Honor” (4 USC § 7).
305.5 DISPLAY OF THE STATE FLAG
The City will display the state flag prominently and in the proper position of honor in accordance with the United States Flag Code.
305.5.1 DISPLAY OF THE STATE FLAG IN DAILY OPERATIONS
Employees should review state law for guidance whenever the flag is to be displayed in any manner to ensure that the display is presented appropriately. Displays of the flag should be consistent with the following protocol:
(a) The flag should be conspicuously posted on all city facilities during hours of operation. (b) Generally, the flag should be displayed only from sunrise to sunset on buildings and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a day if it is properly illuminated during the hours of darkness. (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed.
(d) The flag shall be flown at half-staff whenever the flag of the United States is flown at half-staff, and may only be flown at half-staff at other times by order of the Governor. (e) Whenever the flag is displayed in conjunction with the United States flag, the United States flag shall occupy the position of first honor (4 USC § 7). When the flag is displayed in conjunction with other flags or symbols, it should occupy the position of honor.
305.6 DISPLAY OF COMMEMORATIVE OR UNOFFICIAL FLAGS
City flag displays, including but not limited to flagstaffs, are not intended to serve as a forum for free expression by the public. Commemorative flags or flags not identified in this policy, including flags of a government not recognized by the United States, should not be displayed by the City without prior approval from the City Administrator.
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Published with permission by City of Oroville ***DRAFT*** Equipment - 88 Chapter 4 - Equipment
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Policy
400
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville
***DRAFT*** Local Government-Owned and Personal
Property - 89
Local Government-Owned and Personal Property
400.1 PURPOSE AND SCOPE
This policy addresses the care of city-owned property and the role of the City when personal property, the property of another person or entity, or city-owned property is damaged or lost. 400.2 POLICY
The City will ensure that employees are issued appropriate property and equipment necessary for the employee's job function. The City will take steps to minimize the cost associated with maintaining city property, including personal property authorized for use in the employee's duties. 400.3 LOCAL GOVERNMENT-ISSUED PROPERTY
Supervisors should document on an inventory sheet all property and equipment issued by the City in the appropriate file at the time of issuance. If applicable the serial number assigned to equipment shall be documented on an inventory sheet.Receipt of issued items shall be acknowledged by the receiving employee's signature. Upon separation from the City, all issued property and equipment shall be returned. Documentation of the return shall be acknowledged by the signature of a supervisor.
400.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall be responsible for the safekeeping, serviceable condition, proper care, proper use, and replacement of city property that has been assigned or entrusted to them. (a) Employees shall promptly report, through their supervisors, any loss of, damage to, or unserviceable condition of any city-issued property or equipment. (b) The use of damaged or unserviceable property should be discontinued as soon as practicable, and the item replaced with a comparable item as soon as available. (c) Except when otherwise directed by a supervisor or when exigent circumstances exist, city-issued property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d) City-issued property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without prior approval.
(e) Employees should obtain a supervisor’s approval before any attempt to repair damaged or unserviceable property, unless the repair is of a minor or temporary nature.
400.4 PERSONAL PROPERTY
Personal property or equipment shall not be carried during work hours or used for work-related purposes without prior approval by the City Administrator or appropriate supervisor. The employee should submit a request that includes a description of the property and the reason and length of time it will be used. Personal property of the type routinely carried (e.g., cell phone, wallet, sunglasses) is excluded from this requirement (see the Personal Communication Devices Policy). 182
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City of Oroville
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Local Government-Owned and Personal Property
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Published with permission by City of Oroville ***DRAFT*** Local Government-Owned and Personal Property - 90
The City will not replace or repair property that is not reasonably required as part of work. 400.4.1 FILING CLAIMS FOR PERSONAL PROPERTY
An employee requesting reimbursement for damage to, or loss of, personal property must submit the request in writing and/or email to the employee's immediate supervisor.

Upon review by the supervisor and a finding that no misconduct or negligence was involved, repair or replacement may be recommended to the City Administrator or the authorized designee, who will then forward the claim to the department responsible for issuing payments. 400.5 SUPERVISOR RESPONSIBILITIES
The supervisor receiving a report that property, including personal property authorized for use, has been damaged should conduct an investigation and direct a memo to the City Administrator or the authorized designee. The memo should include the result of the investigation and whether reasonable care was taken to prevent the loss, damage, or unserviceable condition.

In cases where the supervisor has reason to believe that misconduct or negligence was involved in the loss, damage, or unserviceable condition of property, the supervisor should consider whether disciplinary or other corrective action would be appropriate. 400.6 DAMAGE TO PROPERTY OF ANOTHER PERSON OR ENTITY
Employees who intentionally or unintentionally damage or cause to be damaged the real or personal property of another person or entity while performing any city function shall promptly report the damage to a supervisor.
400.6.1 DAMAGE BY OTHERS
Employees who observe damage to the real or personal property of the City should report the damage as follows:
(a) A verbal report should be made to the employee's immediate supervisor and to the employee or department responsible for the property as soon as practicable. (b) A written statement should be submitted before the end of the employee's workday or as otherwise directed by the supervisor.
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Policy
401
City of Oroville
Government Policy Manual
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Personal Communication Devices - 91 Personal Communication Devices
401.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and other communication devices, whether issued or funded by the City or personally owned, during work hours or when used for authorized work-related purposes.

This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless-capable tablets and similar wireless two-way communications, and/or portable internet access devices.

PCD use includes but is not limited to placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games, and accessing sites or services on the internet.
401.2 POLICY
The City allows employees to utilize city-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used during work hours, or during non-work hours in any manner reasonably related to the business of the City, will be subject to monitoring and inspection consistent with the standards set forth in this policy Employees are advised and cautioned that the use of a personally owned PCD for businessrelated purposes may subject the employee and the employee’s PCD records to civil or criminal discovery or disclosure under applicable public records laws Employees who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 401.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the City and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 401.4 LOCAL GOVERNMENT-ISSUED PCD
Depending on an employee’s assignment and the needs of the position, the City may, at its discretion, issue or fund a PCD for the employee’s use to facilitate work performance. Cityissued or funded PCDs may not be used for personal business during or after work hours unless authorized by the City Administrator or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the City and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause
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City of Oroville
Government Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Personal Communication Devices - 92 Unless an employee is expressly authorized by the City Administrator or the authorized designee to use the PCD during non-work hours, the PCD will be either secured in the workplace at the completion of the workday or turned off when leaving the workplace. 401.5 PERSONALLY OWNED PCD
Employees may carry a personally owned PCD during work hours, subject to the following conditions and limitations:
(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy.
(b) The City accepts no responsibility for loss of or damage to a personally owned PCD. (c) The PCD and any associated services shall be purchased, used, and maintained solely at the employee's expense.
(d) The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of internal communication systems). Employees will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any city business-related communication.
(e) The device shall not be utilized to record or disclose any city business-related information, including photographs, video, or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the City, without the express authorization of the department head or the authorized designee.
(f) Use of a personally owned PCD for work-related business constitutes consent for the City to access the PCD to inspect and copy data to meet the needs of the City, which may include litigation, records retention and release obligations, and internal investigations. If the PCD is carried during work hours, employees will provide the City with the telephone number of the device.All work-related documents, emails, photographs, recordings, or other public records created or received on an employee's personally owned PCD should be transferred to the City and deleted from the employee's PCD as soon as reasonably practicable but no later than the end of the employee's workday.
(g) All work-related documents, emails, photographs, recordings, or other public records created or received on an employee's personally owned PCD should be transferred to the City and deleted from the employee's PCD as soon as reasonably practicable but no later than the end of the employee's workday.

Except with prior express authorization from their supervisors, employees are not obligated or required to carry, access, monitor, or respond to electronic communications using a personally owned PCD during non-work hours. If an employee is in an authorized status that allows for appropriate compensation consistent with policy or existing employment agreements, or if the employee has prior express authorization from a supervisor, the employee may engage in city business-related communications. Should employees engage in such approved communications or work during non-work hours, employees entitled to compensation shall 185
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City of Oroville
Government Policy Manual
Personal Communication Devices
Copyright Lexipol, LLC 2024/02/07, All Rights Reserved.

Published with permission by City of Oroville ***DRAFT*** Personal Communication Devices - 93 promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Employees who independently document city-related business activities conducted during non-work hours in any manner shall promptly provide the City with a copy of such records to ensure accurate record keeping. 401.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried during work hours or used to conduct city business:
(a) All PCDs in the workplace should be set to silent or vibrate mode when necessary, or upon request.
(b) A PCD may not be used to conduct personal business during work hours, except for brief personal communications (e.g., informing family of extended hours). Employees shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists.
(c) Employees may use a PCD to communicate with other personnel in situations where the use of city-provided communications methods is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular city-provided communications methods.
(d) Employees are prohibited from taking pictures, audio or video recordings, or making copies of any such picture or recording media unless it is directly related to official city business. Disclosure of any such information to any third party through any means, without the express authorization of the City Administrator or the authorized designee, may result in discipline.
(e) Employees will not access social networking sites for any purpose that is not official city business.
(f) Using PCDs to harass, threaten, coerce, or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall promptly notify a supervisor.
401.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that employees under their supervision are provided appropriate training on the use of PCDs consistent with this policy.
(b) Monitoring to the extent practicable, PCD use in the workplace and taking prompt corrective action if an employee is observed or reported to be improperly using a PCD.

1. An investigation into improper conduct should be promptly initiated when circumstances warrant.

2. Before conducting any administrative search of an employee's personally owned device, supervisors should consult with the City Administrator and City Attorney or the authorized designee.
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Published with permission by City of Oroville ***DRAFT*** Personal Communication Devices - 94 401.8 OFFICIAL USE
Employees are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct sensitive or private communications on a land-based or other city communications network. 401.9 USE WHILE DRIVING
Employees operating vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. Hands-free use should be restricted to urgent business-related calls.
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Published with permission by City of Oroville ***DRAFT*** Vehicle Maintenance - 95 Vehicle Maintenance
402.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that city vehicles are appropriately maintained. 402.2 POLICY
The City will service department vehicles to ensure they remain operational, safe, and maintain their appearance, as resources allow.
402.3 GENERAL DUTIES
Employees are responsible for assisting in maintaining city vehicles so that they are properly equipped, maintained, and refueled and present a clean interior and exterior appearance. 402.4 DEFECTIVE VEHICLES
When a vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service. Proper documentation shall be promptly completed by the employee who becomes aware of the defective condition and forwarded to a supervisor for action.

Documents describing the correction of the safety issue shall be promptly filed by the supervisor with the vehicle history.
402.4.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged or perform poorly shall be removed from service for inspections and repairs as soon as practicable.
402.4.2 SEVERE USE
Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, and severe weather exposure. 402.4.3 REMOVAL OF WEAPONS
Only authorized firearms, weapons, or control devices shall be carried in city vehicles. Any authorized firearms, weapons, and control devices shall be removed from a vehicle and properly secured prior to the vehicle being released for maintenance, service, or repair. 402.5 VEHICLE REFUELING
Generally, vehicles should not be operated with less than one-quarter tank of fuel. Vehicles should not be returned to the pool or the assigned department at the end of the workday with less than one-half tank of fuel. Vehicles shall only be refueled at an authorized location. 188
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Published with permission by City of Oroville ***DRAFT*** Vehicle Maintenance - 96 402.6 WASHING OF VEHICLES
Vehicles shall be kept clean at all times and, weather conditions permitting, shall be washed as necessary to maintain the professional appearance of the City.

Employees using a vehicle shall remove any trash or debris at the end of their workday.

Confidential material should be placed in a designated receptacle that has been provided for shredding this material.
189
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 97 Vehicle Use
403.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for employees who use vehicles for city business.

This policy does not create or imply any contractual obligation by the City to provide assigned vehicles.

This policy and guideline addresses necessary measures aimed at reducing losses related to vehicle operation.

Individual department heads may have additional policies for vehicle use to address specific vehicles (e.g., emergency vehicles) and duty assignments (e.g., law enforcement undercover work).
403.2 POLICY
The City authorizes the use of certain vehicles for official city business to enhance operational efficiency and requires that vehicles are operated in a safe and legal manner.

It is the policy of Northern California Cities Self Insurance Fund (NCCSIF) to require each Member City to institute and enforce the driving standards as set forth in this policy and guideline. Member Cities failing to institute and enforce the standards may be subject to disciplinary actions up to and including the provisions of Article XIII, Expulsion, of the Joint Powers Authority Agreement. 403.3 NCCSIF MEMBER REQUIREMENTS AND STANDARDS
(a) All NCCSIF members shall enroll in the Department of Motor Vehicles' Employee Pull Notice Program, as described on the DMV website.
(b) All employees who are required to drive in the course of their employment shall be placed in DMV's pull notice program upon hire. All existing and prospective employees who drive on the Member's behalf must sign a written waiver allowing them to be enrolled in the pull-notice program.
(c) On an annual basis employees shall be informed of the policy guidelines and standards, as described in the attached sample letter.
(d) Job descriptions, or other formally adopted policies of the City, should state that employees must continue to meet established driving standards as a condition of employment for that position. Decisions regarding employment or assignment of nonqualifying employees are the purview of the Member City. (e) Driving standards shall be enforced consistently and fairly among all employees working in classifications where driving is required.
(f) The City will require applicants for positions requiring driving on the City's behalf to provide a current OMV driving report prior to employment. 403.4 USE OF VEHICLES
190
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 98 403.4.1 VEHICLE ASSIGNMENTS
City vehicles may be assigned to individual employees at the discretion of the City Administrator or the authorized designee. Vehicles may be assigned for partial or full workday use and/or takehome use. Vehicle assignments may be changed or suspended at any time. Permission to take home a vehicle may be withdrawn at any time without notice.

Vehicle assignments shall be based on the employee's job description, essential functions, and employment status. Vehicles may be reassigned or utilized by other city employees at the discretion of the City Administrator or the authorized designee. 403.4.2 EMPLOYEE RESPONSIBILITIES
Employees and volunteers whose duties necessitate driving vehicles in the course of their assignments and duties need to maintain certain acceptable standards in order to reduce the City's exposure to loss. The privilege of driving is granted through the issuance of a license by the Department of Motor Vehicles. Certain proficiency and physical requirements must also be proven prior to the granting of such license. Failure to meet these requirements results in revocation or non-issuance of such a state license.

Because of bad driving experience, a financial burden may be placed on the City due to increased insurance costs and exposure to liability. Therefore, in order to control the risk of losses and the accompanying expense of paying for losses, it is necessary to ensure that employees maintain an acceptable driving record.

Employees operating a vehicle as part of their job with the City shall:
(a) Possess a valid driver's license.

1. Employees shall report any suspensions or revocations of their license and any changes to driving privileges as soon as practicable and before any subsequent city vehicle use or personal vehicle use for city business.

2. Employees must possess a valid commercial driver's license or special class license when applicable.
(b) Obey all traffic laws. Employees shall obey all rules of the road, drive in a safe an courteous manner at all times. Any violations of this section may result in a revocation of City driving privileges and may additionally be subject to disciplinary action. (c) Provide the city with a driver's history report upon request. (d) Possess appropriate insurance as required for personal vehicles used for city business.

1. Employees shall notify a supervisor if their automobile insurance has been canceled, declined, or not renewed.

2. The private insurance of employees using their personal vehicles under this policy shall be considered the primary insurance for any accidents or damage. 191
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 99 (e) Notify a supervisor of any citations or arrests for motor vehicle-related violations or offenses as soon as practicable.
(f)
(g) Maintain any personal vehicles used for city business in safe working order. 403.4.3 VOLUNTEER AND NON-EMPLOYEE NCCSIF REQUIREMENTS AND STANDARDS (a) All volunteers and non-employees who may drive a City vehicle or their own vehicle on City business shall be required to read the policy standards. (b) Volunteers and non-employees who may drive City vehicles or their own vehicle on City business must meet the established minimum driving standards applicable to employees, as noted above.
(c) Driving standards shall be enforced consistently and fairly among all volunteers and non- employees who may drive a City vehicle.
(d) Department of Motor Vehicle license checks shall be made at the time of enlistment and at least annually thereafter.
(e) Elected Officials are subject to these requirements. 403.4.4 INSPECTIONS
Employees shall be responsible for inspecting the interior and exterior of any assigned city vehicle. If the vehicle is assigned for the workday, it should be inspected before use and at the conclusion of the workday. If the vehicle is assigned for less than a workday, it should be inspected before use and upon conclusion of use. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

All city vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No employee assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 403.4.5 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times to safeguard any city equipment prior to parking or leaving the vehicle.
403.4.6 VEHICLE LOCATION SYSTEM
City vehicles, at the discretion of the City Administrator, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, employees are not relieved of their responsibility to use any required communication practices to report their location and status.

Employees shall not make any unauthorized modifications to the system. If an employee finds that the system is not functioning properly at any time, the employee should notify a supervisor as soon as reasonably practicable.
192
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 100 System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require City Administrator approval.

All data captured by the system shall be retained in accordance with the established records retention schedule.
403.4.7 KEYS
Employees who are assigned a specific vehicle should be issued keys for that vehicle. Employees shall not duplicate keys or share them with any person except another employee authorized to use that vehicle. The loss of a key shall be promptly reported in writing to the employee’s supervisor. 403.4.8 AUTHORIZED PASSENGERS
Employees operating assigned vehicles shall not permit unauthorized persons to ride as passengers in the vehicle.
403.4.9 PARKING
Employees should obey parking regulations at all times.

City vehicles should be parked in assigned spaces. Employees shall not park personal vehicles in spaces assigned to city vehicles or in other parking areas that are not so designated unless authorized by a supervisor.
403.4.10 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories from city vehicles without written permission from the City Administrator or the authorized designee. 403.5 NCCSIF REQUIREMENTS FOR USE OF PRIVATE VEHICLES ON CITY BUSINESS There may be times when it may be necessary and expeditious for employees and volunteers to use their own vehicles in the course of City business. In this situation reimbursement is often provided in the form of a mileage allowance. The allowance is intended to compensate the employee or volunteer for the cost of gasoline and oil, wear and tear on the auto and for insurance costs. Insurance coverage for autos "follows the car", meaning the insurance covering the auto is primary and any coverage from NCCSIF is excess. If there is no liability insurance on the auto, in the case of an occurrence the Member City may be subject to a penalty from the JPA.

It is therefore important that the employee or volunteer be expected to have appropriate automobile insurance coverage. In addition, State law requires drivers to have automobile insurance. It is, therefore, prudent for the City to require proof of automobile insurance coverage prior to allowing an employee or volunteer to use a private vehicle on City business. (a) Driving standards required of Employees shall also apply to persons using private vehicles on City business.
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 101 (b) Employees shall show proof of automobile liability insurance annually in accordance with the State of California minimum requirements, and NCCSIF recommends that employees who drive for the City on a regular basis obtain higher limits:

Coverage Type Minimum Recommended
Bodily Injury Each Person $15,000 $100,000
Bodily Injury Each Accident $30,000 $300,000
Property Damage Each Accident $5,000 $50,000
403.6 UNSCHEDULED OR SCHEDULED TAKE-HOME USE
Employees may take home city vehicles only with prior approval of a supervisor and shall meet the following criteria:
(a) The circumstances are unplanned and were created by the needs of the City. (b) Other reasonable transportation options are not available. (c) The employee lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the city limits.
(d) Off street parking will be available at the employee’s residence. (e) The vehicle will be locked when not attended.
(f) All portable city equipment will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage.

When such circumstances occur, the City Administrator or the authorized designee shall document the unscheduled take-home use in the vehicle assignment roster. 403.7 ASSIGNMENT OF TAKE-HOME VEHICLES
Assignment of take-home vehicles should be based on the location of the employee's residence, the nature of the employee's job, whether the employee performs work outside of regular business hours, the employee's employment status, and available resources.

Employees assigned a take home vehicle shall not use this vehicle as a source of transportation during off-duty hours.

Employees are cautioned that under federal and local tax rules, personal use of a city vehicle may create an income tax liability for the employee. Questions regarding tax rules should be directed to the employee's tax adviser.
194
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Published with permission by City of Oroville ***DRAFT*** Vehicle Use - 102 Travel to and from the home will not be considered work time unless the employee is responding to and from an emergency as part of the employee's duties. 403.8 DAMAGE, ABUSE, AND MISUSE
When any city vehicle is involved in a traffic accident or otherwise incurs damage, the involved employee shall promptly notify a supervisor. Any traffic accident report shall be filed with the agency having jurisdiction, with a copy provided to the City Administrator or the authorized designee.

Damage to any city vehicle that was not caused by a traffic accident shall be immediately reported during the shift or workday in which the damage was discovered and documented in memorandum format, which shall be forwarded to the City Administrator or the authorized designee. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse.

For a template of a memorandum, s ee attachment: City_Memorandum.pdf 403.9 TOLL ROAD USAGE, FUEL, AND MILEAGE
Employees operating vehicles for city business shall pay the appropriate toll charge or utilize the appropriate tollway transponder.

With the exception of take-home vehicles driven to and from the employee’s residence, employees may submit for reimbursement from the City for toll fees and fuel expenses incurred in the course of official business. In lieu of fuel expenses, employees may submit for reimbursement for mileage accrued on personal vehicles used for city business.
195
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Published with permission by City of Oroville ***DRAFT*** Vehicle Safety Belts - 103 Vehicle Safety Belts
404.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of safety belts. This policy will apply to all employees operating or riding in city vehicles.

Individual department policies may provide additional guidance. 404.2 POLICY
It is the policy of the City that employees use safety restraints to reduce the possibility of death or injury in a motor vehicle accident.
404.3 WEARING OF SAFETY RESTRAINTS
All employees shall wear properly adjusted safety restraints at all times when operating or riding in a seat equipped with restraints, in any vehicle owned, leased, or rented by this city, or in any privately owned vehicle when conducting city business. The employee driving such a vehicle shall ensure that all other occupants, including those who are not employees of the City, are properly restrained.
404.4 INOPERABLE SAFETY BELTS
City vehicles shall not be operated when the safety belt in the driver's position is inoperable.

Persons shall not be transported in a seat in which the safety belt is inoperable.

City vehicle safety belts shall not be modified, removed, deactivated, or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the City Administrator or the authorized designee.

Employees who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 404.5 VEHICLES MANUFACTURED WITHOUT SAFETY BELTS
Vehicles manufactured and certified for use without safety belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 404.6 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device.
196
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Published with permission by City of Oroville ***DRAFT*** Personal Protective Equipment - 104 Personal Protective Equipment
405.1 PURPOSE AND SCOPE
This policy addresses the use of personal protective equipment (PPE) provided by the City. 405.1.1 DEFINITIONS
Definitions related to this policy include:

Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards.
405.2 POLICY
The City endeavors to protect employees by supplying certain PPE as provided in this policy. 405.3 SUPERVISOR RESPONSIBILITIES
Supervisors are responsible for identifying and making available PPE appropriate for the work environment.
405.4 EMPLOYEE RESPONSIBILITIES
Employees are required to use PPE pursuant to their training.

Employees are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed.

Any employee who identifies hazards in the workplace is encouraged to utilize the guidelines in the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE.
405.5 EQUIPMENT PROCUREMENT AND USE
PPE shall meet or exceed any applicable requirements. Federal or other nationally recognized standards should be used as a guide for the procurement, use, maintenance, and storage of the following safety-related equipment in the absence of other mandatory requirements:
(a) Hearing protection (29 CFR 1910.95)
(b) Eye protection (29 CFR 1910.133)
(c) Respiratory protection (29 CFR 1910.134)
(d) Head protection (29 CFR 1910.135)
(e) Foot protection (29 CFR 1910.136)
(f) Electrical protective equipment (29 CFR 1910.137)
(g) Hand protection (29 CFR 1910.138)
(h) Personal fall protection systems (29 CFR 1910.140)
197
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Published with permission by City of Oroville ***DRAFT*** Personal Protective Equipment - 105 405.6 RECORDS
Supervisors are responsible for maintaining records of all:
(a) PPE training.
(b) PPE procurement and distribution.
(c) Fit tests and medical evaluations related to respiratory protection equipment, when applicable. Medical evaluation questionnaires and any physical examination results related to respirator use shall be maintained in a separate confidential medical file.

The records shall be maintained in accordance with the city records retention schedule. 405.7 TRAINING
Employees should be trained in the hazards to which they may be potentially exposed during routine and emergency situations.

All employees should be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove, and adjust PPE; how to care for PPE; and the limitations of each device (29 CFR 1910.132).

Employees issued respiratory PPE should attend annual training on the proper use of respiratory protection devices (29 CFR 1910.134).
198
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Published with permission by City of Oroville ***DRAFT*** Physical Asset Management - 106 Physical Asset Management
406.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for maintaining a system of inventory and accountability over the city’s physical assets. This policy does not address management of intangible assets (e.g., intellectual property), fluid assets (e.g., cash, stocks, marketable securities), real property, or natural assets (e.g., water, air quality, minerals).

Individual department heads may have additional policies for department-specific assets. 406.1.1 DEFINITIONS
Definitions related to this policy include:

Physical assets – All tangible items of value, including but not limited to materials, machinery, tools and equipment, vehicles, office supplies, and furniture. 406.2 POLICY
It is the policy of this city to accurately inventory, maintain, and dispose of its physical assets in a manner that controls costs, avoids waste, and promotes the mission of the City. 406.3 RESPONSIBILITIES
The City Administrator should assign a person or persons to be responsible for the inventory, maintenance, and disposal of city physical assets, including:
(a) Maintaining compliance with federal, state, and local laws regarding physical asset management, inventory control, and reporting requirements. (b) Developing guidelines for the implementation of this policy, including:

1. Guidelines for disposal of all city-owned physical assets in accordance with federal, state, and local law.

2. Guidelines for safe disposal of hazardous waste.

3. Guidelines for inter-department transfers of physical assets.

4. Guidelines for each department to inventory assets as according to internal reporting deadlines (e.g., quarterly, annually).
(c) Developing a physical asset management plan to track the city's physical assets and maintain accurate and complete records related to these assets. The plan should include:

1. A minimum value of the physical assets that are subject to this policy, the plan, and the implementing guidelines.

2. An inventory control and recordkeeping system to account for the movement, storage, maintenance and use, loss, damage, destruction, and disposal of the city's physical assets.

3. Routine internal and external audit practices.
199
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Published with permission by City of Oroville ***DRAFT*** Physical Asset Management - 107

4. Guidelines to access physical assets for re-use, transfer, recycle, or disposal. (d) Designating custodians within each department, as appropriate, for inter-department communication and to serve as inventory liaisons under the physical asset management plan.
(e) Annual physical asset acquisition planning.
406.4 IDENTIFICATION AND TAGGING
Physical assets should be tagged using a bar code or other system to identify and locate the items. Tags should be affixed in the same manner and location on each item, when feasible. The following information regarding the tagged item should be maintained using the inventory control system and method of recordkeeping established in the physical asset management plan:
(a) A description of the item, including but not limited to:

1. Make, model, and serial number

2. Physical dimensions and weight

3. Color, material, and other physically distinct qualities

4. Warranty and/or recall information, if any
(b) The department and specific location where the item can be found (c) The acquisition date of the item, as well as the amount and funding source for the acquisition
(d) The intended and actual use of the item
(e) The expiration of an item’s lease or loan terms
406.5 SURPLUS OR OBSOLETE ASSETS
A department that no longer utilizes a physical asset should have the asset identified as surplus or obsolete. If the physical asset retains value that may be utilized by another department, the item should be stored as surplus or transferred in accordance with the guidelines established pursuant to this policy. If the physical asset is deemed obsolete, the item shall be disposed of in accordance with this policy.
406.5.1 STORAGE
When practicable, physical assets that retain value but are not being utilized should be stored in lieu of disposal. The location of the stored items should be documented. Physical assets in storage are subject to routine inventory and revaluation. If the physical asset's value is less than the cost of storage, the City should pursue disposal of the item in accordance with this policy. 406.5.2 TRANSFERS
When a physical asset is transferred from one department to another, the value of the physical asset should transfer with the asset. Inter-department transfers shall be documented through the inventory control and recordkeeping system implemented by the physical asset management plan. 200
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Published with permission by City of Oroville ***DRAFT*** Physical Asset Management - 108 406.6 LOSS, DAMAGE, OR DESTRUCTION
Circumstances surrounding loss, damage, or destruction of the city’s physical assets shall be promptly reported to and investigated by the City Administrator or the authorized designee for purposes of inventory, valuation, and recordkeeping. Otherwise, loss, damage, or destruction of such assets shall be handled in accordance with the Local Government-Owned and Personal Property Policy.
406.7 USAGE MONITORING
Physical asset performance should be regularly monitored for functionality, utility, wear-and-tear, and cost-effectiveness. Usage monitoring of the city’s physical assets should include the duration of use (e.g., daily use and number of hours in use), user satisfaction, costs of operating the asset, and the asset’s contribution to employee performance and overall productivity. 406.8 MAINTENANCE
Routine maintenance of physical assets should be proactive to limit interruption of the city’s daily operations. Employees should report any physical asset performance issues to a supervisor.

Maintenance requests and reports shall be recorded in the inventory control and recordkeeping system implemented by the physical asset management plan. The City Administrator or the authorized designee shall routinely evaluate maintenance expenditures to determine whether continued maintenance is beneficial.
406.9 DISPOSAL
Physical assets slated for disposal should be evaluated for salvage value (e.g., items containing reusable materials like aluminum or copper) or transfer or storage in accordance with this policy. 406.10 INVENTORY AND REPORTS
Routine inventory of physical assets should be conducted for purposes of loss control, revaluation, retagging, documenting asset movement and condition, disposition and acquisition planning, and obtaining adequate insurance coverage.

All internal controls and inventories related to physical asset management shall be accurately documented and subject to both internal and external audit. Inventory reports should include an explanation of any discrepancies from the previous period.

All inventory documentation shall be retained and stored in accordance with the records retention schedule.

Each department is responsible for maintaining the master inventory list for their department. 406.11 TRAINING
Employees and supervisors accountable for the proper care, use, transfer, maintenance, storage, loss, and disposition of all city physical assets should receive training regarding their responsibilities under the physical asset management plan. 201
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Published with permission by City of Oroville ***DRAFT*** Physical Asset Management - 109 202 Item 7.

Published with permission by City of Oroville ***DRAFT*** Records and Documents - 110 Chapter 5 - Records and Documents
203
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Published with permission by City of Oroville ***DRAFT*** Records Maintenance and Release - 111 Records Maintenance and Release
500.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of city records. Protected information is separately covered in the Protected Information Policy. 500.2 POLICY
The City is committed to providing public access to records in a manner that is consistent with state public records laws.

It shall be the policy of the City to provide the general public with access to public information in accordance with provisions in State Law (Govt. Code Sections 6253.5 and 6254). 500.3 CITY CLERK
The City Administrator is the City Clerk. The City Administrator shall designate an Assistant City Clerk. The responsibilities of the Assistant City Clerk include but are not limited to:
(a) Managing the records management system for the City, including the retention, archiving, release, and destruction of city public records. (b) Maintaining and updating the city records retention schedule, including:

1. Identifying the minimum length of time records must be kept.

2. Identifying the city department responsible for the original record. (c) Establishing rules regarding the inspection and copying of public records as reasonably necessary for the protection of such records. (d) Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of records.
(f) Ensuring the availability of a current schedule of fees for public records as allowed by law.
(g) Preparing and making available to the public the records request process, to include the cost of inspecting or obtaining copies.
500.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any employee who receives a request for any record shall route the request to the City Clerk or the authorized designee.
500.4.1 REQUESTS FOR RECORDS
The processing of requests for any record is subject to the following:
(a) All requests should be made in writing or on a form supplied by the City. (b) Clarification may be sought if the request is unreasonably broad or unclear. 204
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Published with permission by City of Oroville ***DRAFT*** Records Maintenance and Release - 112 (c) Inspection of records should be during regular business hours unless otherwise authorized by the City Clerk.
(d) Records should be made available in a format readily accessible to the requester.

Records may also be made available in a specific format requested and a fee charged for reasonable costs of any required processing.
(e) Records should be provided or a denial provided to a requester within a reasonable period of time.

1. If a delay in providing records is anticipated, the requester should be provided a written response with the reason for the delay and the anticipated date the records will be provided.
(f) Fees should be charged as allowed by law and established by the City. (g) The City is not required to create records that do not exist. (h) When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released as approved by the City Attorney.

1. A copy of the redacted release should be maintained in the city file for proof of what was actually released and as a place to document the reasons for the redactions. All audio and or video redaction shall be handled by the city attorney or designee.
500.4.2 DENIALS
The denial of a request for records should be documented and include:
(a) A description of the records requested.
(b) The specific reasons for the denial.
(c) The name, title, and signature of the City Clerk.
(d) The guideline to appeal the denial.
500.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
(a) Any personal identifying information, including an individual's photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any city record, except as authorized by the City, and only when such use or disclosure is permitted or required by law to carry out a legitimate government purpose.
(b) Certain personnel information, including but not limited to an employee's residential address and telephone number, Social Security number, marital status, medical history, confidential recommendations for employment, and performance evaluation history.
(c) Records pertaining to internal investigations and disciplinary matters, including but not limited to complaints and other records relating to allegations of discrimination, 205
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Published with permission by City of Oroville ***DRAFT*** Records Maintenance and Release - 113 harassment, or retaliation, until the investigation is complete or is made part of the official record of any hearing or court proceeding.
(d) Certain 9-1-1 records.
(e) Audio and video recordings obtained through use of body-worn cameras by law enforcement officers, except as provided by statute.
(f) Certain concealed firearm license/permit information of an applicant. (g) Records concerning security plans, guidelines, assessments, measures, or systems, and other records relating to the security of persons, structures, facilities, infrastructure, or information technology systems that could reasonably be expected to be detrimental to the public's safety or welfare.
(h) Records pertaining to strategy or negotiations related to labor relations, employment contracts, or collective bargaining and related arbitration proceedings. (i) Drafts, notes, recommendations, or intra-governmental memorandums pertaining to the development of resolutions, regulations, statements of policy, management directives, ordinances, or amendments prepared by or for the City. (j) Records where disclosure would be detrimental to the best interests of the public. (k) Records pertaining to pending litigation to which the City is a party, or claims made pursuant to Division 3.6 (Commencing with Section 810) of Title I of the Government Code, until such litigation or claim has been finally adjudicated or otherwise settled; (l) Any other information that may be appropriately denied by federal or state law. (m) Copyright protected materials, for example engineer stamped plans. (n) Records that are contained in or related to:

1. Application filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies;

2. Examination, operating, or condition reports prepared by, on behalf of, or for the use of any state agency referred to in Paragraph (1).

3. Preliminary drafts, notes, or interagency or interagency communications prepared by, on behalf of, or for the use of any state agency referred to in

4. Information received in confidence by any state agency referred to in Paragraph (1).
(o) Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any persons;

1. Records of complaints to or investigations conducted by, or records of intelligence information or security guidelines of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any such investigatory or security files complied by any other state or local agency for correctional, law enforcement or licensingpurposes, except that local 206
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Published with permission by City of Oroville ***DRAFT*** Records Maintenance and Release - 114 police agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, andlocation of the incident, all diagrams, statements of the parties involved in the incident, all diagrams, statements of all witnesses, other than confidential informants, to the persons involved in an incident, or an authorized representative thereof, and insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage as the result of the incident caused by arson, burglary, fire, explosion, robbery, vandalism, or a crime of violence as defined by subdivision (b) of Section 13960, unless the disclosure would endanger the safety of a witness or would endanger the successful completion of the investigation or a related investigation;
(p) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination; (q) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of the property, or tö prospective public supply and construction contracts, until such time as all of the property has been acquired or all of the contract agreement obtained, provided, however, the law of eminent domain shall not be affected by this provision; (r) Information required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information;
(s) Library and museum materials made or acquired and presented solely for reference or exhibition purposes;
(t) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the evidence Code relating to privilege;
(u) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's legal affairs secretary, provided public records shall not be transferred to the custody of the Governor's legal affairs secretary to evade the disclosure provisions of this chapter.
(v) In the custody or maintained by the Legislative Counsel; (w) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish his personal qualification for the license, certificate, or permit applied for; (x) City initiative, referendum and recall petitions and all memoranda prepared by the County Clerk in the examinations of such petitions indicating which registered voters have signed particular petitions, except that the City Clerk or his/her representative having the duty of receiving, examining or preserving such petitions may inspect them. 207
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Published with permission by City of Oroville ***DRAFT*** Records Maintenance and Release - 115 500.6 SUBPOENAS AND DISCOVERY REQUESTS
Subpoenas may only be accepted by the City Clerk or Attorney. In the event the City Clerk or Attorney are not available a supervisor may accept the subpoena and provide the subpoena to the clerk or city attorney for processing as soon as practical. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information.

All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel so that a timely response can be prepared. 500.7 RELEASED RECORDS TO BE RETAINED
Record request forms and applicable records should be stored electronically according to the city's records retention policy.
500.8 SECURITY BREACHES
Employees who become aware that any city records system may have been breached should notify the City Clerk as soon as practicable.

The City Clerk shall ensure any required notice of the breach is given.

If the breach reasonably appears to have been made to protected information covered in the Protected Information Policy, the City Clerk should promptly notify the appropriate employee designated to oversee the security of protected information (see the Protected Information Policy). 500.9 EXPUNGEMENT
The City Clerk shall review all court orders and other filings that pertain to the expungement or sealing of records for appropriate action. Once a record is expunged or sealed, employees shall respond to any inquiry as though the record did not exist. 500.10 TRAINING
Employees authorized to manage, release, or facilitate public access to city records should receive training that includes identification of material appropriate for release or public access and the city systems and guidelines guiding such release and access. 208
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Published with permission by City of Oroville ***DRAFT*** Protected Information - 116 Protected Information
501.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release, and security of protected information by employees of the City. This policy addresses the protected information that is used in the day-to-day operation of the City and not the public records information covered in the Records Maintenance and Release Policy. 501.1.1 DEFINITIONS
Definitions related to this policy include:

Protected information - Any information or data that is collected, stored, or accessed by employees of the City and is subject to any access or release restrictions imposed by law, regulation, order, or use agreement. This includes all information contained in federal, state, or local databases that is not accessible to the public.
501.2 POLICY
Employees of the City will adhere to all applicable laws, orders, regulations, use agreements, and training related to the access, use, dissemination, and release of protected information. 501.3 RESPONSIBILITIES
The City Administrator should designate an employee of the City to coordinate the use of protected information, including:
(a) Overseeing employee compliance with this policy and with requirements applicable to protected information.
(b) Developing, disseminating, and maintaining guidelines necessary to comply with any requirements for the access, use, dissemination, release, and security of protected information.
(c) Developing guidelines to ensure training and certification requirements are met. (d) Resolving specific questions that arise regarding authorized recipients of protected information.
(e) Implementing security practices and guidelines to comply with requirements applicable to protected information.
501.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, use agreement, city policy, or training. Only those employees who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the employee has a legitimate work-related reason for such access.

Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited.
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Published with permission by City of Oroville ***DRAFT*** Protected Information - 117 501.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a lawful right to know and need to know.

An employee who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the City Clerk for information regarding a formal request.
501.6 SECURITY OF PROTECTED INFORMATION
The City Administrator should designate an employee of the City to oversee the security of protected information, including:
(a) Developing and maintaining security practices, guidelines, and training. (b) Maintaining compliance with any federal, state, and local requirements pertaining to the security of protected information.
(c) Establishing guidelines to provide for the preparation, prevention, detection, analysis, and containment of security incidents, including cyberattacks. (d) Tracking, documenting, and reporting all breach of security incidents to the City Administrator and appropriate authorities.
501.6.1 EMPLOYEE RESPONSIBILITIES
Employees accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes not leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an unattended computer terminal).
501.7 TRAINING
All employees authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination.
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Published with permission by City of Oroville ***DRAFT*** Personnel Records - 118 Personnel Records
502.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual employee's name.
502.2 POLICY
It is the policy of the City to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of this state. 502.3 PERSONNEL FILE
A personnel file shall be maintained as a record of a person's employment/appointment with this city. The personnel file should contain, at a minimum:
(a) Personal data, including photographs, marital status, names of family members, educational and employment history, or similar information. (b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in employment/appointment status.
(d) Original performance evaluations.
(e) Discipline records, including copies of sustained personnel complaints. (f) Adverse comments such as supervisor notes or memos may be retained in the city file after the employee has had the opportunity to read and initial the comment.

1. Once an employee has had an opportunity to read and initial any adverse comment, the employee shall be given the opportunity to respond in writing to the adverse comment.

2. Any employee response shall be attached to and retained with the original adverse comment.

3. If an employee refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination, nor shall it prohibit the entry of the adverse comment into the employee's file. (g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy.

Responsibility for transactions:
• Each Department Head shall cooperate with the Personnel Department and be responsible for properly reporting personnel transactions and for properly distributing within his/her department personnel material and information. 211
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Published with permission by City of Oroville ***DRAFT*** Personnel Records - 119 Official records:
• The Personnel Department shall keep the official records as necessary for transactions and reference, and for making reports showing administrative actions, including records of all examinations; eligibility lists; records and files of employment history for each employee; history of each position; classification plan; compensation plan; occupational injury reports; files; books; and correspondence, disciplinary action, training, and other pertinent items.
502.4 DEPARTMENT OR DIVISION FILE
Department files may be separately maintained internally by an employee's supervisor for the purpose of completing timely performance evaluations. The file may contain supervisor comments, notes, notices to correct, and other materials that are intended to serve as a foundation for the completion of timely performance evaluations.
502.5 TRAINING FILE
An individual training file should be maintained for each employee whose position requires specialized training or certification. Training files should contain records of all training; original or photocopies of available certificates, transcripts, diplomas, and other documentation; and education and firearms qualifications, as applicable. Training records may also be created and stored remotely, either manually or automatically.
(a) The involved employee is responsible for providing an immediate supervisor with evidence of completed training/education in a timely manner. (b) Supervisors should ensure that copies of such training records are placed in the employee’s training file.
502.6 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the employee’s medical condition and history, including but not limited to (a) Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA).
(b) Documents relating to workers’ compensation claims or the receipt of short- or longterm disability benefits. (c) Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries, and related documents.
(d) Medical release forms, doctor’s slips, and attendance records that reveal an employee’s medical condition.
(e) Any other documents or materials that reveal the employee’s medical history or medical condition, including past, present, or future anticipated mental, psychological, or physical limitations.
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Published with permission by City of Oroville ***DRAFT*** Personnel Records - 120 502.7 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection.

Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy, or according to applicable discovery guidelines.

Nothing in this policy is intended to preclude review of personnel records by the City Administrator or representatives of the City in connection with official business. 502.7.1 REQUESTS FOR DISCLOSURE
Any employee receiving a request for a personnel record shall promptly notify Human Resources or other person charged with the maintenance of such records.

Upon receipt of any such request, the responsible person shall notify the affected employee as soon as practicable that such a request has been made.

The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel.

All requests for disclosure that result in access to an employee's personnel records shall be logged in the corresponding file.
502.8 EMPLOYEES’ ACCESS TO THEIR PERSONNEL RECORDS
Employees may request access to their own personnel records during the normal business hours of those responsible for maintaining such files. Employees seeking the removal of any item from their personnel records should contact Human Resources, who will then refer the request to the City Administrator and/or City Attorney. The City should remove any such item if appropriate, or within 30 days provide the employee with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the employee's request and the written response from the City should be retained with the contested item in the employee's corresponding personnel record.

Employees may be restricted from accessing files containing certain information (e.g., ongoing investigations to the extent that it could jeopardize or compromise the investigation). 502.9 RETENTION AND PURGING
Personnel records shall be maintained in accordance with the established records retention schedule:
(a) During the preparation of each employee's performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training, and career development. Each supervisor responsible for completing the employee's performance evaluation should determine 213
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Published with permission by City of Oroville ***DRAFT*** Personnel Records - 121 whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b) If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained from the City Administrator.
(c) If, in the opinion of the City Administrator, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule.
(d) Employees wishing to expunge certain records from their personnel file shall submit their request in writing to Human Resources.
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Published with permission by City of Oroville
***DRAFT*** Inspection of City Records by the General
Public - 122
Inspection of City Records by the General Public
503.1 PURPOSE AND SCOPE
This policy provides general guidance regarding requests by the general public to view or inspect certain city records.
503.2 POLICY
It shall be the policy of the City to provide of the City to provide the general public with access to public information in accordance with provisions in State Law (Govt. Code Sections 6253.5 and 6254).
503.3 RECORDS WHICH ARE EXEMPT FROM PUBLIC INSPECTION
The following City records shall be considered exempt from this guideline in accordance with Section 6253.5 and 6254 of the Government Code of the State of California:
(a) Preliminary drafts, notes, or inter-office of intra-office memoranda which are not retained by the public agency in the ordinary course of business, proved that the public interest in withholding such records clearly outweighs the public interest iQ disclosure; (b) Records pertaining to pending litigation to which the City is a party, or claims made pursuant to Division 3.6 (Commencing with Section 810) of Title I of the Government Code, untilsuch litigation or claim has been finally adjudicated or otherwise settled; (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
(d) Records that are contained in or related to:

2. Examination, operating, or condition reports prepared by, on behalf of, or for the use of any state agency referred to in Paragraph (1).

3. Preliminary drafts, notes, or interagency or interagency communications prepared by, on behalf of, or for the use of any state agency referred to in

4. Information received in confidence by any state agency referred to in Paragraph (1).
(e) Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any persons;

1. Records of complaints to or investigations conducted by, or records of intelligence information or security guidelines of, the office of the Attorney 215
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Published with permission by City of Oroville ***DRAFT*** Inspection of City Records by the General Public - 123
General and the Department of Justice, and any state or local police agency, or any such investigatory or security files complied by any other state or local agency for correctional, law enforcement or licensingpurposes, except that local police agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, andlocation of the incident, all diagrams, statements of the parties involved in the incident, all diagrams, statements of all witnesses, other than confidential informants, to the persons involved in an incident, or an authorized representative thereof, and insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage as the result of the incident caused by arson, burglary, fire, explosion, robbery, vandalism, or a crime of violence as defined by subdivision (b) of Section 13960, unless the disclosure would endanger the safety of a witness or would endanger the successful completion of the investigation or a related investigation;
(f) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination; (g) The contents of real estate appraisals, engineering orfeasibility estimates and evaluations made for or by the state or locat agency relative to the acquisition of the property, or tö prospective public supply and construction contracts, until such time as all of the property has been acquired or all of the contract agreement obtained, provided, however, the law of eminent domain shall not be affected by this provision; (h) Information required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information;
(i) Library and museum materials made or acquired and presented solely for reference or exhibition purposes;
(j) Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the evidence Code relating to privilege;
(k) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's legal affairs secretary, provided public records shall not be transferred to the custody of the Governor's legal affairs secretary to evade the disclosure provisions of this chapter.
(l) In the custody or maintained by the Legislative Counsel; (m) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish his personal qualification for the license, certificate, or permit applied for; (n) City initiative, referendum and recall petitions and all memoranda prepared by the County Clerk in the examinations of such petitions indicating which registered voters have signed particular petitions, except that the City Clerk or his/her representative having the duty of receiving, examining or preserving such petitions may inspect them. 216
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Published with permission by City of Oroville ***DRAFT*** Inspection of City Records by the General Public - 124
503.4 GUIDELINE
Refer to the Records Maintenance and Release policy.
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Published with permission by City of Oroville ***DRAFT*** Personnel - 125 Chapter 6 - Personnel
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Published with permission by City of Oroville ***DRAFT*** Recruitment and Selection - 126 Recruitment and Selection
600.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements other city rules governing employment practices.
600.2 POLICY
In accordance with applicable federal, state, and local law, the City provides equal opportunities for applicants and employees, regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.

The City does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.

The City will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 600.3 RECRUITMENT
The City Administrator should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates.

The strategy should include:
(a) Identification of racially and culturally diverse target markets. (b) Use of marketing strategies to target diverse applicant pools. (c) Expanded use of technology and maintenance of a strong internet presence. This may include an interactive city website and the use of city-managed social networking sites, if resources permit.
(d) Expanded outreach through partnerships with media, community groups, local colleges, universities, and the military.
(e) Posting and outreach within the City for internal candidates, when applicable and/or required.
(f) Use of local, state, or national professional organizations (e.g., National League of Cities, National Association of Counties, American Society for Public Administration).

The City should avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.

The City strives to facilitate and expedite the interview and selection process, and should periodically inform candidates of their status in the recruiting process. 219
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Published with permission by City of Oroville ***DRAFT*** Recruitment and Selection - 127 600.4 SELECTION
The City should actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the City should employ a comprehensive screening, background investigation, and selection process that assesses the candidates' aptitude for the position and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment, references, current and prior addresses, education, and military record) (b) Driving record (if applicable to the position)
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes
(e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.)
(g) Local, state, and federal criminal history record checks (h) Medical and/or psychological examination, as applicable and legally permissible (shall only be given after a conditional offer of employment)
(i) Review board or selection committee assessment
600.4.1 VETERAN PREFERENCE
The City will provide any veteran preference required by law. 600.5 BACKGROUND INVESTIGATION
The City complies with all State and federal regulations governing pre employment background checks. Candidates being considered for an offer of employment shall undergo a background investigation to verify the candidate's application information and ability to perform duties relevant to the position. Certain positions may have more intensive background check requirements. 600.5.1 NOTICES
Background investigators should ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and applicable state law (15 USC § 1681d). 600.5.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the City should not require candidates to provide passwords, account information, or access to passwordprotected social media accounts. 220
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Published with permission by City of Oroville ***DRAFT*** Recruitment and Selection - 128 The City should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches and/or review information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate, and validated. (c) The City fully complies with applicable privacy protections and local, state, and federal law.

Regardless of whether a third party is used, the City Administrator or the authorized designee should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.
600.5.3 RECORDS RETENTION
The background report and all supporting documentation should be maintained in accordance with the established records retention schedule.
600.5.4 DOCUMENTING AND REPORTING
The background investigator should summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report should not include any information that is prohibited from use, including that from social media sites, in making employment decisions.

The report and all supporting documentation should be included in the candidate's background investigation file.
600.6 EMPLOYMENT STANDARDS
All candidates shall meet any minimum standards required by state and local law. Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the City and the community.

Validated, job-related, and nondiscriminatory employment standards should be established and maintained for each job classification and should minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner.

Each standard should include performance indicators for candidate evaluation. 600.7 JOB DESCRIPTIONS
The City Administrator or the authorized designee should maintain a current job description for each position in the City.

Job descriptions can be found at City of Oroville Job Descriptions. 600.8 PROBATIONARY PERIODS
All appointments shall be tentative and subject to a probationary period of not less than twelve (12) months actual service. EXCEPTION: Safety Personnel (Sworn Police) shall have a probationary 221
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Published with permission by City of Oroville ***DRAFT*** Recruitment and Selection - 129 period of eighteen (18) months actual service. Promotional appointments shall serve a six (6) month probationary period in the new position, except for Police who shall serve 12 months.Any absence without pay exceeding forty (40) hours shall cause the employee's probationary period to be extended by a corresponding amount of time.
.

The City Administrator or the authorized designee should coordinate with supervisors to identify positions subject to probationary periods and guidelines for:
(a) Appraising performance during probation.
(b) Assessing the level of performance required to complete probation. (c) Documenting successful or unsuccessful completion of probation. 600.8.1 REGULAR APPOINTMENT
The Personnel Officer or designee shall notify the Department Head of the expiration of any probationary period at least four (4) weeks prior to the expiration of the probationary period. If the service of the probationary employee has been satisfactory, the employee shall be appointed to Regular status.
600.8.2 REJECTION OF PROBATIONARY EMPLOYEES
During the probationary period, with the approval of the City Administrator, an employee may be rejected at any time by the Personnel Officer, without cause and without the right of appeal.

Notification of rejection shall be served by the Personnel Officer on the probationary employee. 600.8.3 REJECTION FOLLOWING PROMOTION
Any employee rejected during the probationary period without cause following a promotional appointment, shall be reinstated to the position in which they held permanent status from which the employee was promoted provided there is a vacancy. If a vacant position does not exist, the permanent employee may be allowed to bump a newly hired probationary employee, at the discretion of Department Head. Any employee displaced shall be placed on a re-employment list to await appointment to a vacant position. City would like to have some flexibility here. 600.8.4 PROBATIONARY EVALUATION
Probationary employees shall be evaluated every six months through out the period of probation as outlined. During this period the employee shall receive, in writing, an evaluation of their performance. Safety personnel shall be evaluated every three months up to twelve months, then again at 18 months, the end of their probation. Failure to receive interim evaluations during a probationary period does not result in the automatic successful completion of said probationary period.
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Published with permission by City of Oroville ***DRAFT*** Performance Evaluations - 130 Performance Evaluations
601.1 PURPOSE AND SCOPE
This policy provides guidelines for the City performance evaluation system. 601.2 POLICY
The City shall use a performance evaluation system to measure, document, and recognize work performance. The performance evaluation will serve as an objective guide for the recognition of good work and the development of a process for improvement.

The City evaluates employees in a nondiscriminatory manner based upon job-related factors specific to the employee’s position, without regard to actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
601.3 TYPES OF EVALUATIONS
The City shall use the following types of evaluations:

Probationary - Probationary employees shall be evaluated every three months throughout the period of probation as outlined. During this period the employee shall receive, in writing, an evaluation of their performance. Safety personnel shall be evaluated every three months up to twelve months, then again at 18 months, the end of their probation.

Regular - An evaluation completed at regular intervals by the employee's immediate supervisor, minimally, on the anniversary of the date of hire or the last promotion.

When an employee transfers to a different assignment in the middle of an evaluation period and less than six months has transpired since the transfer, the evaluation should be completed by the current supervisor with input from the previous supervisor.

Special - An evaluation that may be completed at any time the supervisor and City Administrator or the authorized designee determine an evaluation is necessary to address less than standard performance. The evaluation may include a plan for follow-up action (e.g., performance improvement plan (PIP), remedial training, retraining). 601.3.1 RATINGS
When completing an evaluation, the supervisor will identify the rating category that best describes the employee's performance. The definition of each rating category is as follows:

Outstanding - Performance is well beyond that required for the position. It is exceptional performance, definitely superior or extraordinary.

Above Average - Performance is better than demonstrated by a competent employee. It is performance superior to what is required, but is not of such nature to warrant a rating of outstanding.
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Published with permission by City of Oroville ***DRAFT*** Performance Evaluations - 131 Satisfactory - Performance of a competent employee. It is satisfactory performance that meets the standards required of the position.

Needs improvement - Performance is less than the standards required of the position. A needs improvement rating shall be thoroughly discussed with the employee.

Unsatisfactory - Performance is inferior to the standards required of the position. It is inadequate or undesirable performance that cannot be allowed to continue.

Supervisor comments may be included in the evaluation to document the employee's strengths, weaknesses, and requirements for improvement. Any job dimension rating marked other than satisfactory shall be substantiated with supervisor comments. 601.3.2 PERFORMANCE IMPROVEMENT PLAN
Employees who receive an overall unsatisfactory or improvement needed rating may be subject to a PIP. The PIP shall delineate areas that need improvement, any improvement measures, and a timetable in which to demonstrate improvement. The issuing supervisor shall meet with the employee to review the employee's performance and the status of the PIP at least monthly. 601.4 EVALUATION PROCESS
Supervisors should meet with the employees they supervise at the beginning of the evaluation period to discuss expectations and establish performance standards. Each supervisor should discuss the tasks of the position, standards of expected performance, and the evaluation criteria with each employee.

Performance evaluations cover a specific period and should be based upon documented performance dimensions that are applicable to the duties and authorities granted to the employee during that period. Evaluations should be completed by each employee’s immediate supervisor.

Other supervisors directly familiar with the employee’s performance during the rating period should be consulted by the evaluating supervisor for input.

Assessment of an employee’s job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise and to acknowledge good work. Periodic discussions with the employee during the course of the evaluation period are encouraged. Supervisors should document all discussions in the prescribed manner.

Non-probationary employees demonstrating substandard performance shall be notified in writing as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days' written notice prior to the end of the evaluation period.

All supervisors shall receive training on performance evaluations within one year of a supervisory appointment.
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Published with permission by City of Oroville ***DRAFT*** Performance Evaluations - 132 601.4.1 UNSATISFACTORY PERFORMANCE EVALUATION
If an employee is rated overall as below expected levels of performance, the Personnel Officer may recommend that the employee's next scheduled merit increase be withheld. If it is the end of the employee's probationary period, the Personnel Officer may extend the employee's probationary period one time for a one (1) to six (6) month period of time for further training and evaluation with recommendation of department head and approval of Personnel Officer.

The supervisor shall take appropriate and immediate steps to assist and improve, or correct, the performance or conduct which has been rated as not meeting required standards. Failure by the employee to demonstrate satisfactory effort toward improvement, if substantiated, shall be considered as cause for appropriate disciplinary action. 601.5 EVALUATION FREQUENCY
Supervisors shall evaluate all regular employees they supervise at least once every year on the anniversary of the employee's date of appointment or hire.

Those employees who are required to successfully complete a probationary period should be evaluated quarterly.
601.5.1 EVALUATION SCHEDULE
The City of Oroville highly values its employees and believes in their right to know what is expected from them, how well they meet the expectations, and what their prospective future is within the organization.
(a) The probationary period of the employee shall also serve as the training period.

Probationary employees shall be evaluated throughout the period of probation and in writing every three months up to the twelve months to complete the probationary period. Safety personnel will be evaluated as stated above, except safety personnel shall be evaluated again at the end of their probationary period of eighteen months. (b) All regular employees of the City shall have a development interview with their supervisor annually. At this interview the employee and employer will review the employee's performance as measured to the Performance Standards assigned to their job classification.
(c) Supplemental evaluations may be conducted as deemed necessary by the supervisor or Personnel Officer at any time during the period of employment. 601.6 EVALUATION INTERVIEW
When the supervisor has completed an evaluation, a private discussion of the evaluation should be scheduled with the employee. The supervisor should discuss the evaluation ratings and respond to any questions the employee may have. The supervisor should provide relevant counseling regarding advancement, specialty positions, and training opportunities. Any performance areas in need of improvement and goals for reaching the expected level of performance should be identified and discussed. If the employee has reasonable objections to any of the ratings, the employee can check the box on the evaluation form giving notice that the employee does not concur with the 225
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Published with permission by City of Oroville ***DRAFT*** Performance Evaluations - 133 conclusions and request to discuss the evaluation with the personnel officer or the department head.

Employees may write comments in an identified section of the evaluation marked "Employee Comments". The supervisor and employee will sign and date the evaluation. 601.6.1 DISCRIMINATORY HARASSMENT FORM
At the time of each employee's evaluation, the supervisor shall provide access to and require the employee to read the City Discriminatory Harassment Policy. The supervisor shall give the employee a form to be completed and returned that acknowledges the following:
(a) The employee understands the policy.
(b) The employee has had all questions regarding the policy sufficiently addressed. (c) The employee knows how to report alleged harassment and discrimination policy violations.
(d) Whether the employee has been the subject of, or witness to, any unreported conduct that may violate the policy.

The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall ensure that appropriate follow-up action is taken. 601.7 REBUTTAL
An employee who disagrees with an evaluation may provide a formal written response that will be attached to the evaluation.

City Administrator
601.8 CHAIN OF REVIEW
The signed performance evaluation and any employee attachment should be forwarded to the department head. The department head shall review the evaluation for fairness, impartiality, uniformity, and consistency, and shall consider any written response or appeal made by the employee.

The department head should evaluate the supervisor on the quality of ratings given. 601.9 RETENTION AND DISTRIBUTION
The original performance evaluation and any original correspondence related to a rebuttal shall be maintained in accordance with the Personnel Records Policy.

A copy of the evaluation and any documentation of a related rebuttal shall be provided to the employee.
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Published with permission by City of Oroville ***DRAFT*** Discriminatory Harassment - 134 Discriminatory Harassment
602.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent city employees from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 602.2 POLICY
The City is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The City will not tolerate discrimination against an employee in hiring, promotion, discharge, compensation, fringe benefits, and other privileges of employment. The City will take preventive and corrective action to address any behavior that violates this policy or the rights and privileges it is designed to protect.

The nondiscrimination policies of the City may be more comprehensive than state or federal law.

Conduct that violates this policy may not violate state or federal law but still could subject an employee to discipline.
602.3 DEFINITIONS
Definitions related to this policy include:
602.3.1 DISCRIMINATION
The City prohibits all forms of discrimination, including any employment-related action by an employee that adversely affects an applicant or employee and is based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.

Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment.

Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or city equipment and/or systems to transmit or receive offensive material, statements, or pictures.

Such conduct is contrary to city policy and to a work environment that is free of discrimination. 602.3.2 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination, 227
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Published with permission by City of Oroville ***DRAFT*** Discriminatory Harassment - 135 participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated.
602.3.3 SEXUAL HARASSMENT
The City prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or an employee because of that person’s sex.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly as a term or condition of employment, position, or compensation.
(b) Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the employee.
(c) Such conduct has the purpose or effect of substantially interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment. 602.3.4 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles, or standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission and any related state agency guidelines.
(b) Bona fide requests or demands by a supervisor that an employee improve work quality or output, that the employee report to the job site on time, that the employee comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and employee.
602.4 RESPONSIBILITIES
This policy applies to all city employees, who shall follow the intent of these guidelines in a manner that reflects city policy, professional standards, and the best interest of the City and its mission.

Employees are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any employee who is not comfortable with reporting violations of this policy to an immediate supervisor may make the report to a higherranking supervisor, manager, or Human Resources Manager. Complaints may also be filed with the City Administrator.

Any employee who believes, in good faith, that the employee has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or retaliation, is encouraged to promptly report such conduct in accordance with the guidelines set forth in this policy.
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Published with permission by City of Oroville ***DRAFT*** Discriminatory Harassment - 136 Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with a resolution as stated below.
602.4.1 QUESTIONS OR CLARIFICATION
Employees with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, Human Resources Manager, or the City Administrator for further information, direction, or clarification. 602.4.2 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers shall include but are not limited to:
(a) Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment, or retaliation. (c) Ensuring that their subordinates understand their responsibilities under this policy. (d) Ensuring that employees who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon all available facts.
(f) Notifying Human Resources and the City Administrator in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day.
602.4.3 SUPERVISOR'S ROLE
Supervisors and managers shall be aware of the following:
(a) Behavior of supervisors and managers should represent the values of the City and professional standards.
(b) False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent employees.

Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining assignments, evaluating or counseling employees, or issuing discipline in a manner that is consistent with established guidelines.
602.5 INVESTIGATION OF COMPLAINTS
Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved employee should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. All complaints of discrimination, retaliation, or harassment should be fully documented and promptly and thoroughly investigated. 229
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Published with permission by City of Oroville ***DRAFT*** Discriminatory Harassment - 137 602.5.1 SUPERVISORY RESOLUTION
Employees who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the employee feels uncomfortable or threatened or has difficulty expressing the employee’s concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 602.5.2 FORMAL INVESTIGATION
If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation will be conducted.

The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any employees involved. No influence will be used to suppress any complaint and no employee will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for offering testimony or evidence in any investigation.

Formal investigation of the complaint will be confidential to the extent possible and will include but is not limited to details of the specific incident, frequency and dates of occurrences, and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs.

Employees who believe they have been discriminated against, harassed, or retaliated against because of their protected status are encouraged to file a complaint with their immediate supervisor but may also file a complaint directly with the City Administrator or Human Resource Manager.
602.5.3 ALTERNATIVE COMPLAINT PROCESS
No provision of this policy shall be construed to prevent any employee from seeking legal redress outside the City. Employees who believe that they have been harassed, discriminated, or retaliated against are entitled to bring complaints of employment discrimination to federal, state, and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 602.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on the appropriate forms or other form of written communication and in a manner designated by the City Administrator. The outcome of all reports shall be:
(a) Approved by the City Administrator.
(b) Maintained in accordance with the established records retention schedule. 230
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Published with permission by City of Oroville ***DRAFT*** Discriminatory Harassment - 138 602.6.1 NOTIFICATION OF DISPOSITION
The complainant and/or victim will be notified in writing of the outcome of the investigation stating whether or not the complaint was sustained.
602.7 TRAINING
All new employees shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new employee. The employee shall certify by signing the prescribed form that the employee has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the employee's term with the City.

Because of the tremendous importance of a workplace free from any form of unlawful harassment, this policy shall be reviewed by each supervisor or manager to their personnel on a quarterly basis. Additionally, during each employee's annual performance evaluation, this policy shall be fully discussed with each employee to ensure that its contents are known and understood by the employee. All employees who receive this shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents, and agree that they will continue to abide by its provisions. 231
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Published with permission by City of Oroville ***DRAFT*** Grievances - 139 Grievances
603.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the city grievance system. The grievance system is intended to facilitate communication and to promptly and equitably address employee grievances in the workplace.
603.1.1 GRIEVANCE DEFINED
A grievance is a difference of opinion or dispute regarding the meaning, interpretation, or application of any of the following:
• Current employment agreements
• This Policy Manual
• Rules and regulations governing personnel practices or working conditions • Workplace issues that do not amount to misconduct
Specifically outside the category of grievances are complaints related to allegations of discrimination or harassment subject to the Discriminatory Harassment Policy. Also outside the category of grievances are personnel complaints regarding any allegation of misconduct or improper job performance against any city employee that, if true, would constitute a violation of city policy or federal, state, or local law.
603.2 POLICY
It is the policy of the City to provide a just and equitable system for the prompt handling of employee grievances without discrimination, coercion, restraint, or retaliation against any employee who submits or is otherwise involved in a grievance.
603.3 PROCESS
Grievances may be brought by an individual employee or by an employee group representative.

Employees may have representation during the grievance process.

Except as otherwise required under current employment agreements, if an employee wishes to initiate a grievance as defined above, that employee shall:
(a) Attempt to resolve the issue through informal discussion with the employee's immediate supervisor.
(b) If after a reasonable amount of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee may request an interview with the head of the department.
(c) If a successful resolution is not found with the head of the department, the employee may appeal to the City Administrator using the guideline in section d below within seven days.
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Published with permission by City of Oroville ***DRAFT*** Grievances - 140 (d) The Employee shall submit a written statement of the grievance to the City Administrator as follows:
(e) City Administrator

1. Include copies of all grievance documents from earlier stages. City Administrator and

2. Include the following information in the written statement:
(a) The basis for the grievance.
(b) The allegation of any specific wrongful act and the harm done. (c) The specific policies, rules, or regulations at issue. (d) The remedy or goal being sought by the grievance.
(e)
(f) 1. The City Administrator should review the grievance. The City Administrator may conduct whatever further inquiry he or she deems necessary or appropriate and may request to meet with the grievant to obtain additional information. After that review, the City Administrator should respond to the employee within 14 calendar days.
(a) The response will be in writing, and will affirm or deny the allegations. (b) The response shall include any remedies, if appropriate. (c) The decision of the City Administrator is considered final. 603.4 GRIEVANCE RECORDS
At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to the Human Resources Manager for inclusion in a secure file for all written grievances. 603.5 POLICY OR TRAINING IMPLICATIONS
If an employee who participates in the grievance review process identifies any issue that may warrant an immediate revision to this Policy Manual, a procedural change, or an immediate training need, the employee should promptly notify the Human Resources Manager in the memorandum. 603.6 GRIEVANCE AUDITS
The Human Resources Manager should perform an audit of the grievance to evaluate whether any change in policy, guideline, or training may be appropriate to avoid future grievances. The evaluation should be documented in a confidential memorandum to the City Administrator without including any identifying information about any individual grievance. 233
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Published with permission by City of Oroville ***DRAFT*** Anti-Retaliation - 141 Anti-Retaliation
604.1 PURPOSE AND SCOPE
This policy prohibits retaliation against employees who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety, or well-being of employees.

This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause.

These guidelines are intended to supplement and not limit employees’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of an employee pursuant to any applicable federal law, provision of the U.S. Constitution, state and local law, ordinance, or current employment agreement.
604.2 POLICY
The City has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation employees who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 604.3 RETALIATION PROHIBITED
No employee may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory, or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy.

Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged wrongdoing.
• Shunning or unreasonably avoiding a person because the person has engaged in protected activity.
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Published with permission by City of Oroville ***DRAFT*** Anti-Retaliation - 142 604.4 COMPLAINTS OF RETALIATION
Any employee who feels retaliated against in violation of this policy should promptly report the matter to any supervisor, Human Resources, or the City Administrator or the authorized designee.

Employees shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Employees shall not report or state an intention to report information or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of the information, or otherwise act in bad faith.

Investigations are generally more effective when the identity of the reporting employee is known, thereby allowing investigators to obtain additional information from the reporting employee.

However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting employee's identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the employee are part of the investigative process.
604.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring complaints of retaliation are investigated. (b) Receiving all complaints in a fair and impartial manner. (c) Documenting the complaint and any steps taken to resolve the problem. (d) Acknowledging receipt of the complaint, notifying the City Administrator, Human Resources, or the authorized designee, and explaining to the employee how the complaint will be handled.
(e) Taking appropriate and reasonable steps to mitigate any further violations of this policy.
(f) Monitoring the work environment to ensure that any employee making a complaint is not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h) Not interfering with or denying the right of an employee to make any complaint. (i) Taking reasonable steps to accommodate requests for assignment or schedule changes made by an employee who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. 604.6 COMPLAINT PROCESS
The City Administrator should communicate to all supervisors the prohibition against retaliation. 235
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Published with permission by City of Oroville ***DRAFT*** Anti-Retaliation - 143 Supervisors shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to:
(a) Communicating to all employees the prohibition against retaliation. (b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant. 604.7 WHISTLE-BLOWING
Employees who believe they have been the subject of retaliation for engaging in protected behaviors should promptly report it to a supervisor or Human Resources. Supervisors should refer the complaint to the City Administrator and Human Resources, or the authorized designee for investigation.
604.8 RECORDS RETENTION AND RELEASE
Human Resources shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules.
604.9 TRAINING
This policy should be reviewed with each new employee.

All employees should receive periodic refresher training on the requirements of this policy. 236
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 144 Drug-and Alcohol- Free Workplace
605.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace (41 USC § 8103). 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 drugrelated offenses to Federal authorities. 605.1.1 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 theguidelines 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 guideline 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 237
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 145 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:

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 50 ng/ml
A confirmation drug testing is a second analytical guideline to detect the presence of a specific drug or its metabolite. The confirmation guideline 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 0.04 grams
Amphetamines
......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
Propyxyphene 200 ng/ml
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 146 (a) Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/ml
(b) Benzoylecgonine
(c) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(d) 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 Transportation Guidelines - the guidelines 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.

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:
(a) 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;
(b) Referrals for appropriate diagnosis, treatment and assistance; (c) 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. 239
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 147 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 a 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 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.
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 148 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 guidelines for determining the eligibility for workers' compensation benefits as determined by Labor Code and resulting case law. 605.2 POLICY
It is the policy of the City to provide a drug- and alcohol-free workplace for all employees and contractors. This policy applies to off-site lunch periods and breaks when an employee is scheduled to return to work.
605.3 PROHIBITED SUBSTANCE
• Drugs
o Amphetamines, barbiturates, benzodiazepines, cocaine, marijuana, methadone, methaqualone, opiates, phencyclidine (PCP), and propoxyphene. • Alcohol
o 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. 605.4 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on city time can endanger the health and safety of city employees and the public.

Employees who have consumed any amount of an alcoholic beverage or taken any medication that may impair their mental or physical abilities, or combination thereof, shall not report for work.

Affected employees shall notify an appropriate supervisor as soon as they are aware of an inability to report to work. If the employee is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the employee is adversely affected while at work, the employee shall be immediately removed and released from work (see the Work Restrictions section in this policy).
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 149 605.4.1 USE OF MEDICATIONS
Employees should not use any medications that will impair their ability to safely and completely perform their work. Any employee who is medically required or has a need to take any such medication shall report that need to an immediate supervisor prior to commencing any work. 605.4.2 CANNABIS
Possession, use, or being under the influence of cannabis during work hours is prohibited and may lead to disciplinary action.
605.5 EMPLOYEE RESPONSIBILITIES
Employees shall report for work in an appropriate mental and physical condition. Employees are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using controlled substances or alcohol on city premises or on city time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition.

No employee may report for duty or remain on duty when their ability to perform assigned functions are adversely affected by alcohol or when their 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 they are on call.

Employees shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow employee is impaired during work hours due to drug or alcohol use.

Employees are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103).
605.6 EMPLOYEE ASSISTANCE PROGRAM
There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the City Administrator, Human Resources, or the authorized designee, their insurance providers, or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems.

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, they must agree to and sign a Return-ToDuty 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 242
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 150 rehabilitation and subsequent controlled substance testing is borne by the employee and is on a one time basis only.

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 many use accumulated paid time off, vacation and floating holidays, if any.
605.6.1 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 243
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 151 (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.
605.6.2 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 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 many use accumulated paid time off, vacation and floating holidays, if any.
605.7 WORK RESTRICTIONS
If an employee informs a supervisor of having consumed any alcohol, drug, or medication that could interfere with a safe and efficient job performance, the employee may be required to obtain clearance from a physician before continuing to work.

If the supervisor reasonably believes, based on objective facts, that an employee is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the employee from continuing work and shall ensure that the employee is safely transported away from the workplace.

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 their 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. 605.8 SCREENING TESTS
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 a Employee Assistance Professional (EAP). Refusal to submit to a test can include an inability to provide a urine specimen 244
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 152 without a valid medical explanation, as well as a verbal declaration, obstructive behavior or physical absence resulting in the inability to conduct the test.

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.

A supervisor may require an employee to submit to a screening under any of the following circumstances:
(a) The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing the employee's ability to perform work safely and efficiently.
(b) The employee uses property owned or approved by the City in a manner that results in injury, death, or substantial property damage.
(c) The employee drives a motor vehicle in the performance of the employee's work and becomes involved in an incident that results in bodily injury, death, or substantial damage to property.
605.8.1 SUPERVISOR RESPONSIBILITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision to require the test, and shall inform the employee in writing of the following:
(a) The test will be given to detect either alcohol or drugs, or both. (b) The result of the test is not admissible in any criminal proceeding against the employee.
(c) The employee may refuse the test, but refusal may result in dismissal or other disciplinary action.
605.8.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee (a) Fails or refuses to submit to a screening test.
(b) After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, of having taken the controlled substance as directed, pursuant to a current and lawful prescription issued in the employee's name.
(c) An employee will be immediately terminated on the occurrence of a second verified positive test result.
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 153 605.8.3 EMPLOYEES MAY BE TESTED UNDER ANY OF THE FOLLOWING

CIRCUMSTANCES
• Pre-Employment Testing
o 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
o 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:

Adequate documentation of unsatisfactory work performance or on-thejob behavior.

Physical signs and symptoms consistent with prohibited substance use.

Occurrence of a serious or potentially serious accident that may have been caused by human error while on duty.

Fights (to mean physical contact), assaults and flagrant disregard or violations of established safety, security, or other operation guidelines. o 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 their work performance due to prohibited substance abuse or misuse.
• Post-Accident Testing
o 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.
o 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 246
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 154 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
o 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 their duty.
• Return-to-Duty Testing
o 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 l2 months, or longer than 60 months in total, following return to duty.
• Employee Requested Testing
o 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. 605.9 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT
No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving an employee, the City will take appropriate disciplinary action, up to and including dismissal, and/or requiring the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104).
605.10 CONFIDENTIALITY
The City recognizes the confidentiality and privacy due to its employees. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the employee involved or pursuant to lawful process. 247
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Published with permission by City of Oroville ***DRAFT*** Drug-and Alcohol- Free Workplace - 155 The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained in the employee’s confidential medical file in accordance with the Personnel Records Policy. 605.11 RESOURCES
See attachment: Employee Function and Classification.pdf See attachment: Reasonable Suspicion Procedures.pdf
605.11.1 CONTACT PERSON
Any questions regarding this policy should contact the following City representative:
• Name: Liz Ehrenstrom
• Title: Human Resource Manager
• Address: 1735 Montgomery St., Oroville, CA 95965
• Telephone: (530) 538-2407
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Published with permission by City of Oroville ***DRAFT*** Communicable Diseases - 156 Communicable Diseases
606.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of employees contracting and/or spreading communicable diseases.
606.1.1 DEFINITIONS
Definitions related to this policy include:

Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, or tissue, or by breathing or coughing. These diseases commonly include but are not limited to hepatitis B virus (HBV), HIV, and tuberculosis.

Exposure - When an eye, the mouth, a mucous membrane, or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing, or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to an employee’s position with the City. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 606.2 POLICY
The City is committed to providing a safe work environment for its employees. Employees should be aware that they are ultimately responsible for their own health and safety. 606.3 EXPOSURE CONTROL OFFICER
The City Administrator should assign a person as the Exposure Control Officer (ECO). The ECO is responsible for the development of an exposure control plan (Blood born pathogen policy is under review, possibly incorporate) that includes:
(a) Exposure prevention and decontamination guideline procedures. (b) G uideline Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure.
(c) The provision that city employees will have no-cost access to personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) that is appropriate for each employee's position and risk of exposure. (d) Identification of exposure risks and reasonable efforts to reduce additional exposure. (e) Compliance with all relevant laws or regulations related to communicable diseases which may include the following:

1. Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136)

2. Bloodborne pathogen precautions, including exposure determination, if required (29 CFR 1910.1030)
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Published with permission by City of Oroville ***DRAFT*** Communicable Diseases - 157 The ECO should also act as the liaison with the state occupational health and safety authority and may request voluntary compliance inspections. The ECO should periodically review and update the exposure control plan and review implementation of the plan. 606.4 EXPOSURE PREVENTION AND MITIGATION
606.4.1 GENERAL PRECAUTIONS
All employees are expected to use good judgment and follow training and guidelines related to mitigating the risks associated with communicable disease. This includes but is not limited to (29 CFR 1910.1030:
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks, or other specialized equipment in the work area or city vehicles, as applicable. (b) Wearing city-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin can be reasonably anticipated.
(c) Washing hands immediately or as soon as feasible after removal of gloves or other PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease.
(e) Using an appropriate barrier device when providing CPR. (f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease.
(g) Decontaminating non-disposable equipment (e.g., clothing, shoes, work equipment) as soon as possible if the equipment is a potential source of exposure.

1. Clothing that has been contaminated by blood or other potentially infectious materials should be removed immediately or as soon as feasible and stored/ decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j) Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored.
606.4.2 IMMUNIZATIONS
Employees who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (29 CFR 1910.1030). Additional immunizations may also be required or provided.
606.5 POST EXPOSURE
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Published with permission by City of Oroville ***DRAFT*** Communicable Diseases - 158 606.5.1 INITIAL POST-EXPOSURE STEPS
Employees who experience an exposure or suspected exposure shall (29 CFR 1910.1030):
(a) Begin decontamination guidelines immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practical.
606.5.2 REPORTING REQUIREMENTS
Supervisors should investigate every exposure or suspected exposure that occurs as soon as possible following the incident. Supervisors should document the following information (29 CFR 1910.1030):
(a) Identification of the employee exposed
(b) Date and time of incident
(c) Location of incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused
(g) PPE in use at the time of the incident
(h) Actions taken post-event (e.g., clean-up, notifications) Supervisors should advise their employees that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited.

Supervisors should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Work-Related Illness and Injury Reporting and Illness and Injury Prevention policies).
606.5.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT City employees have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary.

The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information (29 CFR 1910.1030):
(a) Whether the employee has been informed of the results of the evaluation. (b) Whether the employee has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation or treatment.

No other information should be requested or accepted by the ECO. 251
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Published with permission by City of Oroville ***DRAFT*** Communicable Diseases - 159 606.5.4 COUNSELING
The City should provide the employee, and the employee’s family if necessary, the opportunity for counseling and consultation regarding the exposure.
606.5.5 SOURCE TESTING
Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed employee or when it is otherwise appropriate.

Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed employee’s supervisor to ensure testing is sought.

Source testing may be achieved by:
(a) Obtaining consent from the individual.
(b) Requesting assistance from local health authorities to obtain testing. (c) Acquiring a court order in accordance with state law.

Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing.

The ECO should seek the consent of the individual for testing and consult the City Administrator to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if the individual refuses.
606.6 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and not be disclosed to anyone without the employee’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well (29 CFR 1910.1030). 606.7 TRAINING
Training regarding communicable diseases should be provided to employees commensurate with the requirements of their position. The training (29 CFR 1910.1030):
(a) Should be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b) Should be provided whenever the employee is assigned new tasks or guidelines affecting potential exposure to communicable disease.
(c) Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure, and what steps should be taken if a suspected exposure occurs. 252
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Published with permission by City of Oroville ***DRAFT*** Smoking and Tobacco Use - 160 Smoking and Tobacco Use
607.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by employees and others during work hours or while in city facilities or vehicles.

For the purpose of this policy, smoking and tobacco use includes but is not limited to any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches, and chewing tobacco, as well as any device that is intended to simulate smoking, such as an electronic cigarette or personal vaporizer.
607.2 POLICY
The City recognizes that smoking and tobacco use is a health risk and can be offensive to others.

All forms of smoking and tobacco use also present an unprofessional image for the City and its employees. Therefore, all forms of smoking and tobacco use are prohibited by employees and visitors in all city facilities, buildings, and vehicles, and as is further outlined in this policy. 607.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by employees are prohibited any time employees are in public view representing the City.

It is the responsibility of employees to ensure that no person under their supervision or control smokes or uses any tobacco product inside city facilities and vehicles.

No employee shall smoke or vape within 20 feet of any entrance, exit, or window. 607.4 POSTING
Signs or other notices should be posted at appropriate locations to notify employees and the public where smoking and tobacco use is prohibited.
253
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Published with permission by City of Oroville ***DRAFT*** Meal Periods and Breaks - 161 Meal Periods and Breaks
608.1 PURPOSE AND SCOPE
This policy provides general guidance regarding meal periods and breaks for employees. 608.2 POLICY
It is the policy of the City to provide meal periods and breaks to employees when practicable and in accordance with any employment agreements.
608.3 MEAL PERIODS
Employees shall take meal periods at times approved by their supervisors. The time spent for meal periods shall not exceed the authorized time allowed.

Emergency response employees shall remain on-duty subject to call during meal periods. All other employees are not on-duty during meal periods unless directed otherwise by a supervisor. 608.4 BREAKS
Breaks should be taken near the midpoint of each four-hour work period. Only one break should be taken during each four hours of work. No breaks should be taken during the first or last hour of an employee's shift unless approved by a supervisor. Each rest period shall be for no longer than fifteen (15) minutes duration.

Emergency response employees shall remain on-duty subject to call during breaks. All other employees are not on-duty during breaks unless directed otherwise by a supervisor. 254
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Published with permission by City of Oroville ***DRAFT*** Lactation Breaks - 162 Lactation Breaks
609.1 PURPOSE AND SCOPE
The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee’s infant child.
609.2 POLICY
It is the policy of the City to provide, in compliance with the Fair Labor Standards Act (FLSA), reasonable break time and appropriate facilities to accommodate any nonexempt employee desiring to express breast milk for a nursing child for up to one year after the child's birth (29 USC § 218d).
609.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 218d). In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period would be considered reasonable.

However, individual circumstances may require more or less time.

Lactation breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid.

Employees desiring to take a lactation break shall notify a supervisor prior to taking such a break.

Such breaks may be reasonably delayed if they would seriously disrupt city operations.

Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
609.4 PRIVATE LOCATION
The City will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from coworkers and the public (29 USC § 218d).

Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area.
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Published with permission by City of Oroville ***DRAFT*** Lactation Breaks - 163 609.5 STORAGE OF EXPRESSED MILK
Any employee storing expressed milk in any authorized refrigerated area shall clearly label it as such and shall remove it when the employee’s workday ends. 256
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Published with permission by City of Oroville ***DRAFT*** Payroll Records - 164 Payroll Records
610.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of city employees who are eligible for the payment of wages.
610.2 POLICY
The City maintains timely and accurate payroll records. 610.3 RESPONSIBILITIES
Employees are responsible for the accurate completion and timely submission of their payroll records for the payment of wages.

Supervisors are responsible for approving the payroll records of employees under their supervision.
610.4 TIME REQUIREMENTS
Employees who are eligible for the payment of wages are paid on a scheduled, periodic basis, generally on the same day or date each period, with certain exceptions, such as holidays. Payroll records shall be completed and submitted as established by the city payroll guidelines. 610.5 RECORDS
The City shall maintain accurate and timely payroll records as required by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).
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Published with permission by City of Oroville ***DRAFT*** Overtime Compensation - 165 Overtime Compensation
611.1 PURPOSE AND SCOPE
This policy establishes guidelines and guidelines regarding overtime for employees, in conformance with the Fair Labor Standards Act (FLSA) (29 USC § 201 et seq.). 611.2 POLICY
The City will compensate nonexempt employees who work authorized overtime either by payment of wages or by the accrual of compensatory time (29 CFR 553.22). Employees who are salary exempt from FLSA are not compensated for overtime worked. 611.3 COMPENSATION
Payment of wages to nonexempt employees for overtime, or accrual of compensatory time in lieu of compensation for overtime worked, shall be at the rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required (29 USC § 207(o)(1)).

Short periods of overtime worked at the end of the normal workday (e.g., less than one hour in duration) may be handled informally by an agreement between the supervisor and the employee.

In such cases, the supervisor shall document the overtime worked and schedule a subsequent adjustment of work time within the same work period that the overtime was worked, rather than submit a request for overtime compensation (29 USC § 207(o)).

Exempt employees may be eligible for administrative leave, which may be granted at the discretion of the exempt employee’s immediate supervisor.
611.4 REQUESTS FOR OVERTIME COMPENSATION
611.4.1 EMPLOYEE RESPONSIBILITIES
Generally, no employee is authorized to work overtime without the prior approval of a supervisor. If circumstances do not permit prior approval, approval shall be sought as soon as practicable during the overtime shift and in no case later than the end of the shift in which the overtime is worked.

Nonexempt employees shall:
(a) Obtain supervisory approval, verbal or written.
(b) Record the actual time worked in an overtime status using the city-approved form or method. Informal notations on reports, logs, or other forms not approved for overtime recording are not acceptable.
(c) Submit the request for overtime compensation pursuant to city payroll guidelines. 611.4.2 SUPERVISOR RESPONSIBILITIES
Supervisors shall:
(a) Prior to authorizing an employee to work overtime, evaluate the need for the overtime. 258
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Published with permission by City of Oroville ***DRAFT*** Overtime Compensation - 166

1. Supervisors should not authorize any request to work overtime if the overtime would not be an appropriate use of city resources.
(b) Upon receipt of a request for overtime compensation, confirm that the overtime was authorized and then verify the actual time worked.

1. Supervisors identifying any unauthorized overtime or discrepancy shall initiate an internal investigation.
(c) After verifying and approving the overtime amount, promptly forward the request for compensation to the employee's department director for final approval.

1. After the head of the department has authorized compensation, the request shall be submitted to the Finance Department as soon as practicable.

Supervisors may not authorize or approve their own overtime. 611.5 VARIATION IN TIME REPORTED
When two or more employees are assigned to the same activity and the amount of time for which overtime compensation is requested varies among the employees, the City Administrator, authorized designee, or other approving supervisor may require each employee to include the reason for the variation on the overtime compensation request. 611.6 REQUESTING USE OF COMPENSATORY TIME
Employees who have accrued compensatory time shall be allowed to use that time for time off within a reasonable period after making a request, if the request does not unduly disrupt city operations (29 USC § 207(o)). Requests to use compensatory time will be submitted to the employee’s supervisor at least 24 hours in advance of its intended use. Supervisors may make exceptions in unusual or extraordinary circumstances.

Supervisors shall not unreasonably deny employee requests to use compensatory time (29 CFR 553.25).
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Published with permission by City of Oroville
***DRAFT*** Work-Related Illness and Injury Reporting - 167
Work-Related Illness and Injury Reporting
612.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding timely reporting of work-related conditions such as a physical injury or an occupational illness. 612.1.1 DEFINITIONS
Definitions related to this policy include:

Work-related condition - Any significant medical or mental condition suspected to have been caused by an employee’s service to the City. Any condition that would reasonably require some form of treatment should be considered significant.
612.2 POLICY
The City will address work-related conditions and will comply with applicable state workers’ compensation requirements.
612.3 RESPONSIBILITIES
612.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall report work-related conditions immediately and seek medical care when appropriate.
612.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any work-related condition should:
(a) Ensure the employee receives medical care as appropriate. (b) Determine whether the Illness and Injury Prevention Policy applies and take additional action as required.
(c) Review the report for accuracy and determine whether the work-related condition is required to be reported to the state or workers' compensation entity and whether any additional action should be taken.
(d) Forward the report to Human Resources to be maintained in the employee's confidential medical file.
612.4 OTHER ILLNESS OR INJURY
Work-related conditions that do not qualify for workers' compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to Human Resources.

Unless the injury is extremely minor, the affected employee shall sign the form indicating no desire for medical treatment. Signing the form does not preclude the employee's ability to later seek medical attention.
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Published with permission by City of Oroville ***DRAFT*** Work-Related Illness and Injury Reporting - 168
612.5 SETTLEMENT OFFERS
When an employee experiences a work-related condition that is caused by another person and is subsequently contacted by that person, that person's agent, an insurance company, or an attorney and offered a settlement, the employee shall take no action other than to submit a written report of this contact to Human Resources as soon as possible. 612.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL
No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to a work-related condition, the employee shall provide Human Resources with written notice of the proposed terms of such settlement. In no case shall the employee accept a settlement without first providing written notice to Human Resources. The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the work-related condition, and to protect the city's right of subrogation, while ensuring that the employee's right to receive compensation is not affected. 261
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Published with permission by City of Oroville ***DRAFT*** Temporary Modified-Duty Assignments - 169 Temporary Modified-Duty Assignments
613.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, city rules, or applicable employment agreements. For example, nothing in this policy affects the obligation of the City to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability or limitation that is protected under federal or state law.
613.2 POLICY
Subject to operational and business considerations, the City may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the City with a productive employee during the temporary period. 613.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or state law shall be treated equally, without regard to any preference for a work-related injury.

No position should be created or maintained as a temporary modified-duty assignment.

Temporary modified-duty assignments are a management prerogative and not an employee right.

The availability of temporary modified-duty assignments will be determined on a case-by-case basis, consistent with the operational and business needs of the City. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational and business needs and the employee's ability to perform in a modified-duty assignment.

The City Administrator or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, operating a city vehicle, or engaging in outside employment.

Employees who refuse a temporary modified-duty assignment offer are permitted to use available approved leave, if eligible.
613.4 PROCESS
Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.

Employees seeking a temporary modified-duty assignment should submit a written request to their immediate supervisors or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing:
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Published with permission by City of Oroville ***DRAFT*** Temporary Modified-Duty Assignments - 170 (a) An assessment of the nature and probable duration of the illness or injury. (b) The prognosis for recovery.
(c) The nature and scope of limitations and/or work restrictions. (d) A statement regarding any required workplace accommodations, mobility aids, or medical devices.
(e) A statement that the employee can safely perform the duties of the temporary modified-duty assignment.

Supervisors will make a recommendation to the City Administrator or the authorized designee regarding temporary modified-duty assignments that may be available based on the needs of the City and the limitations of the employee.

Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the supervisor, with notice to the City Administrator or the authorized designee. 613.5 ACCOUNTABILITY
Written notification of assignments, work schedules, and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate city operations and the employee’s medical appointments, as mutually agreed upon by the employee and the employee’s supervisor. 613.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty include but are not limited to:
(a) Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c) Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty.
(d) Submitting a written status report to Human Resources that contains a status update and anticipated date of return to full duty when a temporary modified-duty assignment extends beyond 60 days.
613.5.2 SUPERVISOR RESPONSIBILITIES
The employee's immediate supervisor should monitor and manage the work schedule of those assigned to temporary modified duty.

The responsibilities of supervisors include but are not limited to:
(a) Periodically apprising Human Resources of the status and performance of employees assigned to temporary modified duty.
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Published with permission by City of Oroville ***DRAFT*** Temporary Modified-Duty Assignments - 171 (b) Notifying Human Resources and ensuring that the required documentation facilitating the employee's return to full duty is received from the employee. (c) Ensuring that employees returning to full duty have completed any required training and certification.
613.6 MEDICAL EXAMINATIONS
Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations.

The City may require a fitness-for-duty examination prior to returning an employee to full-duty status.
613.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment.

If notified by an employee regarding a limitation related to pregnancy, childbirth, or related medical conditions, the City should make reasonable efforts to provide an accommodation for the employee in accordance with federal law and any applicable state law (42 USC § 2000gg-1).

Nothing in this policy limits a pregnant employee's right to a temporary modified-duty assignment if required under state law.
613.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the city’s personnel rules and regulations regarding family and medical care leave.
613.8 PROBATIONARY EMPLOYEES
Probationary employees who are assigned to a temporary modified-duty assignment may have their probation extended by a period of time equal to their assignment to temporary modified duty. 613.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training, and qualifications appropriate to both their regular and temporary duties, provided that the certification, training, or qualifications are not in conflict with any medical limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training, or qualifications. 264
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Published with permission by City of Oroville
***DRAFT*** Speech, Expression, and Social Networking - 172
Speech, Expression, and Social Networking
614.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with the use of social networking sites, and provides guidelines for the regulation and balancing of employee speech and expression with the needs of the City.

This policy applies to all forms of communication, including but not limited to film, video, print media, public or private speech, and use of all internet services, including the web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video, and other file-sharing sites.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or expression that is protected under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of an employee group, about matters of public concern, such as misconduct or corruption.

Employees are encouraged to consult with their supervisors regarding any questions arising from the application or potential application of this policy. 614.2 POLICY
Employees of public entities occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of the City. Due to the nature of the work and influence associated with local government employees, it is necessary that city personnel be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the City will carefully balance the individual employee’s rights against the needs and interests of the City when exercising a reasonable degree of control over its employees’ speech and expression.
614.3 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT
Employees should demonstrate sound judgment in speech, expression, and conduct that relates to or affects the City. In order to meet the safety, performance, and public-trust needs of the City, the following are prohibited unless the speech is otherwise protected (e.g., an employee is speaking as a private citizen, including acting as an authorized member of an employee group, on a matter of public concern):
(a) Speech or expression that is disruptive to the work environment, undermines authority, and is destructive to close working relationships.
(b) Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation, or professionalism of the City or its employees.
(c) Knowingly or recklessly false speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the City and tends to compromise 265
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Published with permission by City of Oroville ***DRAFT*** Speech, Expression, and Social Networking - 173
or damage the mission, function, reputation, or professionalism of the City or its employees. Examples may include:

1. Making a false accusation of wrongdoing without exercising reasonable caution to verify the truth of the matter.

2. Intentionally misrepresenting on social media actions taken by the City that would damage the city’s reputation.
(d) Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of city employees. Use or disclosure, through whatever means, of any information, photograph, video, or other recording obtained or accessible as a result of employment or appointment with the City for financial or personal gain, or any disclosure of such materials without the express authorization of the City Administrator or the authorized designee.
(e) Posting, transmitting, or disseminating any photographs, video or audio recordings, likenesses or images of city logos, emblems, uniforms, badges, patches, marked vehicles, equipment, or other material that specifically identifies the City on any personal or social networking or other website or web page, without the express authorization of the City Administrator or the authorized designee.

Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website).
614.3.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or as authorized members of employee groups, employees may not represent the City or identify themselves in any way that could be reasonably perceived as representing the City in order to do any of the following, unless specifically authorized by the City Administrator or the authorized designee:
(a) Endorse, support, oppose, or contradict any political campaign or initiative. (b) Endorse, support, oppose, or contradict any social issue, cause, or religion. (c) Endorse, support, or oppose any product, service, company, or other commercial entity.
(d) Appear in any commercial, social, or nonprofit publication; in any motion picture, film, video, or public broadcast; or on any website.

Additionally, when it can reasonably be construed that an employee, acting in an individual capacity or through an outside group or organization, including as an authorized member of an employee group, is affiliated with this city, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the City.

Employees retain their rights to vote as they choose, to support candidates of their choice, and to express their opinions as private citizens, including as authorized members of employee groups on political subjects and candidates at all times during non-work hours. However, employees 266
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Published with permission by City of Oroville ***DRAFT*** Speech, Expression, and Social Networking - 174
may not use their official authority or influence to interfere with or affect the result of elections or nominations for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command, or advise another employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes (5 USC § 1502). 614.4 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published or maintained through file-sharing software or any internet site (e.g., Facebook, Twitter, LinkedIn) that is accessed, transmitted, received, or reviewed on any city technology system (see the Information Technology Use Policy for additional guidance).

However, the City may not require an employee to disclose a personal username or password or to open a personal social website, except when legally permitted and relevant to the investigation of allegations of work-related misconduct.
614.5 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the City Administrator or the authorized designee should consider include:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering public services.
(b) Whether the speech or conduct would be contrary to the good order of the City or the efficiency or morale of its employees.
(c) Whether the speech or conduct would reflect unfavorably upon the City. (d) Whether the speech or conduct would negatively affect the appearance of impartiality in the performance of the employee’s duties.
(e) Whether similar speech or conduct has been previously authorized. (f) Whether the speech or conduct may be protected and outweighs any interest of the City.
614.6 TRAINING
Subject to available resources, the City should provide training regarding the limitations on speech, expression, and use of social networking to all employees. 267
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 175 Illness and Injury Prevention
615.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for employees of the City.

This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, each department within the City may set its own related policies or guidelines that do not conflict with this policy.
615.2 POLICY
The City is committed to providing a safe environment for its employees and to minimizing the incidence of work-related illness and injuries. The City should establish and maintain an illness and injury prevention plan and provide tools, training, and safeguards designed to reduce the potential for accidents, injuries, and illness. It is the intent of the City to comply with all laws and regulations related to occupational safety.
615.3 PROGRAM OVERVIEW
The City of Oroville strives to maintain a safe and healthy work environment for all employees.

We recognize the responsibilities for safety and health are shared. As your employer, the City is committed to providing leadership and support for the effective implementation of the City's safety and health programs. Managers, supervisors, and employees are required to comply with all applicable federal, state, and local safety laws and regulations. Each department is required to conduct its operations and activities in a safe manner to minimize the risk of injury to employees and the public. No employee will be required to conduct any task that is determined to be unsafe.

Managers, supervisors, and employees are expected to report potential safety hazards without fear of retaliation and with confidence that safe and healthful conditions and practices will prevail in the workplace. It is the policy of each City department to identify and minimize potential risks inherent in the operation of various programs, services, facilities, and equipment.

The Injury and Illness Prevention Program (IIPP) establishes the City of Oroville's safety management program as required by Title 8, California Code of Regulations, Section 3203. The objective of the program is to prevent injuries and illnesses in the workplace and to engage City employees in maintaining a safe and healthy work environment. The IIPP includes information on the implementation of the following critical elements:
• Responsibilities
• Compliance
• Communication
• Hazard assessment
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 176 • Hazard Correction
• Accident and incident investigations
• Training
• Record keeping
The IIPP applies to all City of Oroville departments under the direct control and authority of the City Council. The program includes all City employees providing services at all facilities, workplaces, and events.
615.4 ILLNESS AND INJURY PREVENTION PLAN
The City Administrator or the authorized designee is responsible for developing an illness and injury prevention plan that should include:
(a) Workplace safety and health training programs.
(b) Review of city workplace safety policies and guidelines of each department. (c) Regularly scheduled safety meetings.
(d) Posted or distributed safety information.
(e) A system for employees to anonymously inform management about workplace hazards.
(f) Establishment of a safety and health committee that will:

1. Meet regularly.

2. Include representation from each department.

3. Prepare a written record of safety and health committee meetings.

4. Review the results of periodic scheduled inspections.

5. Review investigations of accidents and exposures.

6. Make suggestions to supervisors for the prevention of future incidents.

7. Review investigations of alleged hazardous conditions.

8. Submit recommendations to assist in the evaluation of employee safety suggestions.

9. Assess the effectiveness of efforts made by the City to meet applicable standards.
(g) Establishing a process to ensure illnesses and injuries are reported as required under state law.
615.5 MANAGER/ADMINISTRATOR RESPONSIBILITIES
The City Administrator has the ultimate authority and responsibility for the implementation and maintenance of the City's IIPP. The IIPP Administrator provides:
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 177 • Oversight of the safety program in collaboration with the Human Resources Department
• Program evaluations and resources to support program implementation The responsibilities of the City Administrator or the authorized designee include but are not limited to:
(a) Managing and implementing a plan to reduce the incidence of employee illness and injury.
(b) Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and employees. This system shall include:

1. New employee orientation that includes a discussion of safety and health policies and guidelines.

2. Regular employee review of the illness and injury prevention plan. (c) Ensuring that all safety and health policies and guidelines are clearly communicated and understood by all employees.
(d) Taking reasonable steps to ensure that all employees comply with safety rules in order to maintain a safe work environment. This includes but is not limited to:

1. Informing employees of the illness and injury prevention guidelines.

2. Recognizing employees who perform safe work practices.

3. Ensuring that the employee evaluation process includes employee safety performance.

4. Ensuring compliance with any applicable safety standards related to:
(a) Communicable diseases
(b) Personal Protective Equipment (PPE) (see the Personal Protective Equipment Policy)
(c) Emergency Action Plan
(d) Walking-working surfaces
(e) Making available a form to document inspections, unsafe conditions or unsafe work practices, and actions taken to correct unsafe conditions and work practices. (f) Making available a form to document individual incidents or accidents. (g) Making available a form to document the safety and health training of each employee.

This form will include the employee's name or other identifier, training dates, type of training, and training providers.
(h) Conducting and documenting a regular review of the illness and injury prevention plan. 270
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 178 615.6 DEPARTMENT MANAGERS RESPONSIBILITIES
Department managers have the authority and responsibility for the implementation of the IIPP within their respective departments. Responsibilities include:
• Providing leadership to ensure the IIPP is effectively implemented • Assigning clear responsibilities to department supervisors for the implementation of the IIPP
• Integrating safety communication in staff meetings, department meetings, and other forms of department communication
• Providing supervisor training that includes IIPP responsibilities, department specific hazards, and safe work practices and guidelines
• Providing training to ensure supervisors are knowledgeable about health and safety hazards under their supervision and control
615.7 DEPARTMENT SUPERVISORS RESPONSIBILITIES
Supervisors may also initiate discipline when it is reasonable and appropriate.

Department supervisors are responsible for the implementation of the IIPP for employees, facilities, and operations under their direct supervision and control. Supervisor responsibilities include, but are not limited to:
• Investigating all accidents and incidents within their area of responsibility to identify root causes and corrective actions
• Conducting regular observations of employee work practices and conducting periodic safety inspections of facilities
• Instructing employees on safe work practices for daily job assignments • Recognizing employees who demonstrate safe work practices and behaviors • Enforcing safe work practices and guidelines for employees and operations under direct supervision and control
• Providing job-specific employee safety training
• Attending training to become knowledgeable about hazards and required controls in areas of responsibility
• Supervisors may also initiate discipline when it is reasonable and appropriate. • Completing required forms and reports relating to illness and injury prevention and submitting such forms and reports to the City Administrator. • Notifying the City Administrator or the authorized designee when:
o New substances, processes, guidelines, or equipment that present potential new hazards are introduced into the work environment.
o New, previously unidentified hazards are recognized.
o Work-related illnesses and injuries occur.
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 179 o New and/or permanent or intermittent employees are hired or reassigned to processes, operations, or tasks for which a hazard evaluation has not been previously conducted.
o Workplace conditions warrant an inspection.
615.8 EMPLOYEE RESPONSIBILITIES
City employees are responsible for their own safety and the safety of others in the workplace.

Employee responsibilities critical to the success of the City IIPP include:
• Compliance with the City's IIPP including safe practices, guidelines, and programs • Active participation in the IIPP including prompt reporting of safety hazards and participation in periodic inspections, safety training attendance, and other activities as required by the supervisor
• Input during the development of job-specific hazard assessments and during periodic evaluations of the IIPP
615.9 HAZARD CORRECTION
Unsafe or unhealthy work conditions, work practices, or guidelines shall be corrected in a timely manner based on the severity of the hazards. Hazards shall be corrected according to the following guideline:
• When observed or reported
• When an imminent hazard exists that cannot be immediately corrected, the department manager or designee will remove employees from the immediate hazard except those needed to correct the condition and to address security issues. o Employees who are required to correct the hazardous condition will be provided with the necessary protection.

The appropriate department manager will promptly assess determination of hazard severity and the period for hazard correction.

All corrective actions taken will be documented and dated. 615.10 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment.

The City Administrator or the authorized designee should ensure that the appropriate documentation is completed for each inspection.

The City has developed the following inspection schedule:

Building/Location Frequency
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 180 City Hall Annual
Police Station Annual
Fire Station Annual
Public Works Corporation Yard Bi-annual
Convention Center Annual
In addition to the department periodic inspection schedule, inspections will be conducted as required in the following situations:
• IIPP is first established
• New substances, processes, guidelines, or equipment result in new hazards in department units/facilities
• New, previously unidentified hazards are identified
• Occupational accidents or incidents occur
• Workplace conditions warrant an inspection
• Department hires or reassigns employees to operations or tasks where a hazard evaluation has not been conducted
615.10.1 EQUIPMENT
Employees are charged with daily inspections of their assigned equipment or work environment, as applicable, prior to beginning their workday. Employees should complete the appropriate form if an unsafe condition cannot be immediately corrected. Employees should forward this form to their supervisors.
615.11 ACCIDENT AND INCIDENT INVESTIGATIONS
Any employee sustaining any work-related illness or injury, as well as any employee who is involved in any work-related accident or hazardous substance exposure, shall report such event as soon as practicable to a supervisor. Employees observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors.

Additionally, the supervisor should proceed with the steps to report a work-related injury, as required under the Work-Related Illness and Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. 615.11.1 INVESTIGATION GUIDELINES
The responsible on-duty supervisor of the employee will investigate all accidents and incidents promptly. The supervisor is required to complete the Supervisor's Report of Employee Injury form (Appendix B) and the required claim forms. All forms are located in the Human Resources Department. All documentation must be completed within 24 hours and forwarded to the Human Resources Department within three calendar days of notification of the accident.

Guidelines for investigating workplace accidents and hazardous substance exposures include:
• Interviewing injured employees and witnesses;
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 181 • Examining the workplace for factors associated with the accident/exposure; • Determining the cause of the accident/exposure;
• Taking corrective action to prevent the accident/exposure from reoccurring; and • Recording the findings and actions taken.
615.11.2 ACCIDENT INVESTIGATION REVIEW PROCESS
The Human Resources Department will review the accident investigation documentation to determine if the department manager/supervisor has identified the contributing factors and corrective actions to prevent future injuries. The department managers will review employee accidents to ensure root causes and corrective actions have been identified. The Human Resources Department will review accident investigations to assist departments in identifying corrective measures and trends.
615.12 COMPLIANCE
Implementation and oversight of the IIPP in each department is the responsibility of each department manager and supervisor. The department managers and supervisors will ensure all safety and health policies and guidelines are clearly communicated, in a readily understandable language, and enforced in their respective areas of responsibility. Each department will include the compliance methods outlined in this section. Additional department compliance methods may also be included or referenced as appropriate.
615.12.1 IIPP TRAINING
Inform employees of the IIPP requirements during new employee safety orientation training and ongoing IIPP and safety training. Training will be provided to all department employees on the IIPP written program, program requirements, and the importance of program compliance.

Comprehensive IIPP training will be provided for managers and supervisors concerning their responsibilities for program implementation.
615.12.2 EVALUATION OF SAFETY PERFORMANCE
Employee performance evaluations will include an evaluation of compliance with safe work practices and guidelines. Department supervisors will evaluate employee safety performance by routine observation of employee work practices in their workplaces and in the course of providing services in the field. Employee counseling on unsafe work practices will be used to communicate deficiencies in safety performance. Department supervisors, to the degree required to correct the unsafe work practice, will provide supplemental training. 615.12.3 EMPLOYEE RECOGNITION
Employees will be recognized for demonstrating safe work practices. Employees who make a significant contribution to the maintenance of a safe workplace, as determined by their supervisor, may receive written acknowledgment of such contributions that will be maintained in the employees' personnel file.
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Published with permission by City of Oroville ***DRAFT*** Illness and Injury Prevention - 182 615.12.4 DISCIPLINARY GUIDELINES
Employees who fail to follow safe work practices and/or guidelines or who violate organizational rules or directives may be subject to disciplinary action, up to and including termination. 615.13 COMMUNICATION
The City's IIPP will be effective in preventing injury and illness only if there are clear and open communications among all. Communications must occur through multiple channels and mechanisms to reach all employees consistently. Therefore, the City of Oroville has created a variety of mechanisms whereby hazards are identified, reported, evaluated, and mitigated. All managers and supervisors are responsible for communicating with all workers about occupational safety and health in a form easily understood by all workers.

Our communication system includes:
• New employee orientation including a discussion of safety and health policies and guidelines
• Review of our IIPP
• Safety training programs
• Regularly scheduled safety meetings
• Posted or distributed safety information
615.13.1 EMPLOYEE HAZARD REPORTING
The employee hazard reporting system provides a means for employees to report safety hazards that may result in employee illness or injury, damage to City property, or injury to the public. The employee may report a hazard to his or her supervisor, the IIPP Administrator, any manager, any supervisor, or anyone in the Human Resources Department. The City's Hazardous/ Unsafe Condition Report is included in Appendix A.

Oroville City CouncilFebruary 20, 2024

Oroville City Council
February 20, 2024