Agenda
City Council
June 24, 2025
Regular Meeting - City Hall Council Chamber - 5:00 PM
16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.gov
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CALL TO ORDER: Mayor Peggy Lemons
PLEDGE OF ALLEGIANCE:
ROLL CALL OF
COUNCILMEMBERS:
Councilmember Isabel Aguayo
Councilmember Annette C. Delgadillo
Councilmember Vilma Cuellar Stallings
Vice Mayor Brenda Olmos
Mayor Peggy Lemons
Agenda June 24, 2025
Regular Meeting City Council Page 2
CITY COUNCIL PUBLIC COMMENT UPDATES
PUBLIC COMMENTS
CONSENT CALENDAR
All items under the Consent Calendar may be enacted by one motion. Any item may be removed from the Consent Calendar and acted upon separately by the City Council.
1. RESOLUTION
25:025
AMENDING THE CITY’S PERSONNEL MANUAL TO
INCORPORATE NEW BENEFIT POLICIES
Recommended Action: Adopt Resolution No. 25:025 amending the City’s Personnel Manual to incorporate the new benefits policies.
2. RESOLUTION
25:026
AUTHORIZING LETTER OF AGREEMENT AMENDING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
PARAMOUNT AND TEAMSTERS LOCAL 911
Recommended Action: Adopt Resolution No. 25:026 authorizing the City Manager to execute the Letter of Agreement amending the Memorandum of Understanding between the City of Paramount and Teamsters Local 911.
3. APPROVAL PURCHASE OF HARDWARE/LICENSING FOR VIRTUAL
NETWORK REFRESH
Recommended Action: 1) Approve the purchase of the new server network hardware, licensing, installation and warranties from Sidepath in the amount of $134,936 and authorize the Mayor or her designee to execute the agreement in a form approved by the City Attorney; and 2) Authorize the City Manager to utilize a project contingency of up to 10% in the event of unforeseen conditions.
4. APPROVAL AMENDMENT NO. 2 TO THE MEASURE R FUNDING
AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA)
FOR THE ALONDRA BOULEVARD IMPROVEMENTS PROJECT
FROM HUNSAKER AVENUE TO LAKEWOOD BOULEVARD
Recommended Action: Approve Amendment No. 2 to the Measure R Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Alondra Boulevard Improvements Project from Hunsaker Avenue to Lakewood
Boulevard and authorize the Mayor or her designee to execute the Amendment.
5. REPORT DENIAL OF CLAIM FOR DAMAGES FROM MEHTA MECHANICAL COMPANY, INC. REGARDING WELL NO. 16 AND TREATMENT
PLANT CONTRACT
Recommended Action: Deny the claim for damages submitted by Mehta Mechanical, Inc.
Agenda June 24, 2025
Regular Meeting City Council Page 3
6. APPROVAL ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2025-26
Recommended Action: Approve and authorize the Mayor or City Manager to execute the following agreements:
A) Community Prosecutor Program in the amount of $205,109 per year.
B) Detective Bureau Consultation Services in the amount of $40,000 per year.
C) Graffiti Tracker Services in the amount of $26,000 per year.
D) Paramount Unified School District reimbursement of $25,797 per year.
E) The Salvation Army Bell Shelter in the amount of $649,700 per year.
7. APPROVAL DOWNTOWN HOLIDAY LIGHTING AND DECORATIONS
Recommended Action: Award the contract for Downtown Holiday Lighting and Decorations to T&G Global LLC DBA St. Nick’s, La Palma, California, in the amount of $469,933.01, and authorize the Mayor or her designee to execute the agreement.
8. AWARD OF
CONTRACT
NEIGHBORHOOD STREET RESURFACING 2025 (CITY
PROJECT NO. 9531) – APPROVAL OF PLANS AND
SPECIFICATIONS, AWARD OF CONTRACT, AND FINDING THE
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO THE CLASS 1 CATEGORICAL
EXEMPTION
Recommended Action: 1) Appropriate $577,635 in Fiscal Year 2025-26, in which $261,009 is Measure R Funds and $316,626 is SB1 (RMRA) Funds; 2) Approve the plans and specifications as detailed in the bid documents, with respect to design criteria; 3) Find the project exempt from CEQA; and 4) Award the contract for the Neighborhood Streets Resurfacing 2025 project to All American Asphalt, Corona, California in the amount of $1,697,638, and authorize the Mayor or her designee to execute the agreement.
OLD BUSINESS
9. PUBLIC HEARING
RESOLUTION
25:019
CONFIRMING A DIAGRAM AND ASSESSMENT AND
PROVIDING FOR ANNUAL ASSESSMENT LEVY FOR
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 81-
1 (ORANGE AVENUE INDUSTRIAL PARK)
Recommended Action: Adopt Resolution No. 25:019, confirming a diagram and assessment and providing for annual assessment levy for Landscape Maintenance Assessment District No. 81-1.
Agenda June 24, 2025
Regular Meeting City Council Page 4
NEW BUSINESS
10. RESOLUTION
25:027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARAMOUNT CONDEMNING THE PRESENCE AND CONDUCT
OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)
IN THE CITY AND REAFFIRMING PARAMOUNT’S
COMMITMENT TO A SAFE, INCLUSIVE, AND WELCOMING
COMMUNITY FOR ALL RESIDENTS
Recommended Action: Adopt Resolution No. 25:027 condemning the presence and conduct of U.S. Immigration and Customs Enforcement (ICE) in the City and reaffirming Paramount‘s commitment to a safe, inclusive and welcoming community for all.
11. ORAL REPORT IMMIGRATION HUMANITARIAN SERVICES PROGRAM
12. APPROVAL CITY PROSECUTOR LEGAL SERVICES FOR THE CITY’S CODE
ENFORCEMENT PROGRAM AND CONSIDERATION OF LEGAL
SERVICES AGREEMENT WITH JONES MAYER TO PERFORM
CITY PROSECUTOR SERVICES
Recommended Action: Approve and authorize the City Manager or his designee to enter into an agreement with Jones Mayer for City Prosecutor legal services for the City’s Code Enforcement Program.
The term of this Agreement shall commence on the date first set forth above and shall expire on June 30, 2026, unless extended or earlier terminated as provided herein. Upon mutual agreement by both parties, this agreement may be extended for up to three (3) additional one-year terms at the conclusion of the initial term. The City Manager is hereby authorized to approve such extensions on behalf of the City.
13. ORDINANCE
1202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PARAMOUNT REPLACING IN ITS ENTIRETY ARTICLE II OF
CHAPTER 4.16 OF THE PARAMOUNT MUNICIPAL CODE AND
GRANTING A FRANCHISE TO AIR PRODUCTS
MANUFACTURING, LLC
Recommended Action: Introduce Ordinance No. 1202, and place it on the July 8, 2025 agenda for adoption.
ENVIRONMENTAL SUSTAINABILITY NEW BUSINESS
COMMENTS/COMMITTEE REPORTS
CLOSED SESSION
Agenda June 24, 2025
Regular Meeting City Council Page 5
ADJOURNMENT
To a meeting on July 8, 2025 at 6:00 PM in the Council Chamber at City Hall, 16400 Colorado Ave., Paramount, CA
Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s office at (562) 220-2225 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Note: Physical hard copies of agenda items are on file in the City Clerk’s office and are available for public inspection during normal business hours. Materials related to an item on this Agenda submitted after distribution of the agenda packet are also available for public inspection during normal business hours in the City Clerk’s office. The office of the City Clerk is located at City Hall, 16400 Colorado Avenue, Paramount.
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 24, 2025
SUBJECT: AMENDING THE CITY’S PERSONNEL MANUAL TO INCORPORATE
NEW BENEFIT POLICIES
BACKGROUND
At its meeting on December 15, 2020, the City Council adopted the City’s Personnel Manual (Policy), which serves as the organization’s comprehensive administrative policy.
The City’s Policy contains numerous sections that establish regulatory directives for City employees in compliance with federal, State, and local laws, such as Equal Employment Opportunity, Benefits and Compensation, and Ethics regulations.
From time to time, staff reviews the Policy for updates to personnel laws and to ensure the City remains consistent with industry best practices and standards. The City Manager is recommending benefit enhancement programs to be incorporated into the City’s Policy.
Pursuant to the Paramount Municipal Code, the City Manager may revise the Policy in their capacity as the City’s Personnel Officer. However, modifications to the Policy that impact the City’s Budget (i.e. compensation or benefits) must be approved by the City Council. All changes to the Policy are reviewed by the City Attorney, and Human Resources is responsible for disseminating updates to all employees.
DISCUSSION
As approved in the FY 2025-26 adopted Budget, the City Manager recommends City employees be offered the additional benefits listed below, depending on employee eligibility. These benefits are defined in the attached personnel manual for Council’s review. Please note the personnel manual includes other administrative updates that have been reviewed and approved by the City Manager.
The proposed changes to benefits are summarized below.
1. One-Time 457(b) Deferred Compensation Bonus Match
Staff is proposing to provide a one-time 457(b) Deferred Compensation Bonus Match for all employees. From July 1, 2025 to June 30, 2026, the City will match any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis and $400 Agenda Report June 24, 2025
RESOLUTION NO. 25:025 Page 2
for part-time employees that have five or more years of employment. This would be a one-time offer for FY 2025-26.
2. Reassignment of bilingual skill pay tiers for eligible positions Based on the employee’s use of their bilingual skills depending on their assignment, certain positions would be moved to Tier 1 or Tier 2 of the City’s bilingual pay structure.
Tier 1 pay consists of a $35 monthly stipend. Tier 2 consists of a $75 monthly stipend. The specific positions and their proposed level are included in the manual.
3. Executive leave
Members of the City’s Executive Team (City Manager, Assistant City Manager, Department Directors, and City Clerk) currently receive 40 hours of Executive Leave on an annual basis. The proposed change would increase that leave to 60 hours. Executive Leave is not an accrued benefit and may not be carried-over year to year.
4. New Management leave
Specific exempt positions (Assistant Director, Manager, Water Superintendent, Senior Accountant, Senior Services Program Supervisor, Community Services Supervisor, Maintenance Supervisor, Code Enforcement Officer Supervisor, Associate Planner, and Management Analyst) are proposed to receive Management Leave consisting of 40 hours of paid time off on an annual basis. Management Leave is not an accrued benefit and may not be carried-over year to year.
5. Unused Sick Leave- Part-time Staff
The proposed benefits change would allow part-time employees to rollover up to 20 hours of unused sick leave at the beginning of the fiscal year, beginning June 30, 2026.
6. Cesar Chavez Holiday Switch
The 2026 Cesar Chavez holiday shall be observed on December 26, 2025.
Discussion with Bargaining Unit and Non-represented Employees Staff obligatorily conferred with the City’s only bargaining unit, Teamsters Local 911, pursuant to State law. The City Manager also provided regular updates on these recommendations to the Employee Enrichment Committee (EEC). The feedback from the Teamsters and EEC expressed support of the proposed benefit enhancements.
If approved, the City Manager, in his capacity as the City’s Personnel Officer, will implement the new benefits policies as outlined in the proposed personnel manual.
Agenda Report June 24, 2025
RESOLUTION NO. 25:025 Page 3
FISCAL IMPACT
The fiscal impact to incorporate the new benefits policies is $71,000 and has been appropriated into the FY 2025-26 adopted budget.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
Adopt Resolution No. 25:025 amending the City’s Personnel Manual to incorporate the new benefits policies.
CITY OF PARAMOUNT
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT AMENDING THE CITY’S PERSONNEL MANUAL TO INCORPORATE
NEW BENEFIT POLICIES.
WHEREAS, at its meeting on December 15, 2020, the City Council adopted the City’s Personnel Manual (Policy), which serves as the organization’s comprehensive administrative policy; and
WHEREAS, from time to time, staff reviews the Policy for updates to personnel laws and to ensure the City remains consistent with industry best practices and standards; and
WHEREAS, it is the City’s policy to evaluate its market competitiveness with regard to compensation and benefits based on data from updated surveys and analyses; and WHEREAS, pursuant to the Paramount Municipal Code, the City Manager may revise the Policy in their capacity as the City’s Personnel Officer; and WHEREAS, changes to the Policy are reviewed by the City Attorney, and Human Resources is responsible for disseminating updates to all employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. The following changes to City benefit programs are incorporated in the City Personnel Manual, and will take effect July 1, 2025.
One-Time 457(b) Deferred Compensation Bonus Match
The City will provide a one-time 457(b) Deferred Compensation Bonus Match for all employees. From July 1, 2025 to June 30, 2026, the City would match any 457(b) contributions made by full-time employees up to $700 on a dollar-for-dollar basis and up to $400 for part-time employees that have five or more years of City employment. This would be a one-time offer for FY 2025-2026.
RESOLUTION NO. 25:025
Reassignment of bilingual skill pay tiers for eligible positions Based on the employee’s use of their bilingual skills depending on their assignment, certain positions shall be moved to Tier 1 or Tier 2 of the City’s bilingual pay structure.
Tier 1 pay consists of a $35 monthly stipend. Tier 2 consists of a $75 monthly stipend.
The specific positions and their adjusted level are included in the revised manual.
Executive leave
Members of the City’s Executive Team (City Manager, Assistant City Manager, Department Directors, and City Clerk) shall receive 60 hours of Executive Leave on an annual basis. Executive Leave is not an accrued benefit and may not be carried-over year to year.
New Management leave
Specific exempt positions (Assistant Director, Manager, Water Superintendent, Senior Accountant, Senior Services Program Supervisor, Community Services Supervisor, Maintenance Supervisor, Code Enforcement Officer Supervisor, Associate Planner, and Management Analyst) shall receive Management Leave consisting of 40 hours of paid time off on an annual basis. Management Leave is not an accrued benefit and may not be carried-over year to year.
Unused Sick Leave- Part-time Staff
This benefits change would allow part-time employees to rollover up to 20 hours of unused sick leave at the beginning of the fiscal year, beginning June 30, 2026.
Cesar Chavez Day - Holiday Switch
For this fiscal year, the City will not observe Cesar Chavez Day on Tuesday, March 31, 2026 as a holiday. Instead, the holiday will be transferred and observed on Friday, December 26, 2025. City Hall will then be open on Monday and Tuesday, December 22 and 23, then closed Wednesday, December 24 through Friday, December 26, 2025.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
RESOLUTION NO. 25:025
PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 24th day of June 2025.
Peggy Lemons, Mayor
ATTEST:
Heidi Luce, City Clerk
RESOLUTION NO. 25:025
ATTACHMENT A
AMENDED PERSONNEL MANUAL
CITY OF PARAMOUNT
PERSONNEL MANUAL
Rev. June 2025
EQUAL EMPLOYMENT OPPORTUNITY
2 Section – Page No.
SECTION I: INTRODUCTION
Introduction/Right to Revise 1-1
Equal Employment Opportunity 1-2
Prevention of Harassment and
Discrimination
1-3
SECTION II: EMPLOYMENT AND LEGAL
ADMINISTRATION
Employment Eligibility Requirement 2-1
Employment Categories 2-2
Probationary Period 2-3
Position Classification Administration 2-4
Promotions, Demotions, Transfers 2-5
Performance Evaluations 2-6
Compensation 2-7
Hours of Work 2-8
Overtime 2-9
Attendance 2-10
Recruitment and Selection 2-11
Employment of Relatives (Nepotism) 2-12
Personnel Records 2-13
Political Activity 2-13
Progressive Disciplinary Process 2-14
Grievance Procedure 2-15
Appeal Process 2-16
Resignation/Separation 2-17
Holidays (REVISED) 2-18
Personal Holidays 2-19
Vacation 2-20
Sick Leave 2-21
Mental Health Day 2-22
Executive Leave 2-23
Reasonable Accommodations 2-24
Leaves of Absence 2-25
Jury Duty 2-26
Catastrophic Leave 2-27
Travel and Other Expense
Reimbursement
2-28
Tuition Reimbursement 2-29
Employee Benefits 2-30
Cessation of Benefits 2-31
Work from Home 2-32
Bilingual Skill Pay 2-33
Cellphone Stipend for Business Use 2-34
Recruitment Incentive Program 2-35
TABLE OF CONTENTS
Anniversary Achievement Award 2-36
Section – Page No.
SECTION III: EMPLOYEE CONDUCT
Business Ethics 3-1
Drug Free Workplace 3-2
Smoking 3-3
Workplace Security, Safety, and Violence
in the Workplace
3-4
Vehicle Use/Driving on City Business 3-5
City Technology, Equipment, and
Resources
3-6
Social Media Policy 3-7
Dress Code 3-8
Request for Information and Media
Contact
3-9
Gratuities 3-10
SECTION IV: APPENDICES
Appendix 1: Classification Table 4-1
Appendix 2: Social Media Policy 4-2
SECTION I:
INTRODUCTION
Section I: Introduction
1-1
1 This Administrative and Personnel Manual contains the administrative policies, practices, and procedures for the City of Paramount (“City”). All employees should read, understand, and comply with all provisions of this Personnel Manual. It describes many of the responsibilities of an employee and outlines the programs developed by the City to benefit employees. One of the City’s objectives as an employer is to provide a work environment that is conducive to both personal and professional growth while delivering high quality service to the public.
All previously issued human resources, personnel or administrative handbooks, manuals, resolutions, and/or policy statements or memoranda are superseded by this Personnel Manual, unless otherwise noted. Departments may establish directives specific to their department, but they cannot conflict with this Personnel Manual.
The City reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in this Personnel Manual. Any changes must be in writing and must be signed by the City Manager or authorized designee. Any such written changes to this Personnel Manual will be reviewed by the City Attorney, and will be generally distributed so that supervisors and employees will be aware of the new or revised policies or procedures. No oral statements or representations can in any way change or alter the provisions of this Personnel Manual.
Employees are responsible for familiarizing themselves with the contents of this Personnel Manual. Employees are responsible for acknowledging that the Personnel Manual has been read and its contents understood by signing the signature page that will be filed in the employee's personnel file.
Section I: Introduction EQUAL EMPLOYMENT OPPORTUNITY
1-2
2 POLICY
The City of Paramount is an equal opportunity employer and is committed to maintaining a work environment free from unlawful discrimination and/or harassment for all its current and prospective employees as well as persons providing services pursuant to a contract.
The City makes employment decisions based on merit. It is the City’s goal to have the best-qualified person in every position. City policy prohibits unlawful discrimination on the basis of race, color, creed, gender (including gender identity and gender expression), religion, marital status, registered domestic partnership status, age, national origin or ancestry, physical or mental disability (the term disabled or disability will be construed to apply to those individuals covered by Title 2 California Administrative Code, §7293.6(c) et seq. and 42 U.S. Code §12102 and the regulations as defined pursuant to that section), medical condition, sex, genetic information, military or veteran status, sexual orientation, or any other consideration made unlawful by Federal, State or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful.
The City is committed to complying with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the operations of the City and prohibits unlawful discrimination by any employee, elected official, and/or appointee of the City, including supervisors and co-workers. The City considers the attainment of equal employment a major City objective and is committed to providing equal employment opportunities to all qualified persons and applicants.
The City will not discriminate with respect to recruitment, hiring, training, promotion, transfer, discipline, termination, and other terms and conditions of employment. All other personnel actions or programs such as compensation, benefits, transfers, layoffs, recalls, City-sponsored training, education, tuition assistance, social and recreational programs will be administered in a non-discriminatory manner. All employment decisions will be consistent with the principle of equal employment opportunity.
The City endeavors to recruit qualified individuals that represent all segments of the community. Selection and advancement are determined based on relative ability, knowledge, and skills after a fair competitive process.
The City is committed to a policy and practice of complying with the Americans with Disabilities Act to ensure equal employment opportunity and non-discrimination for all qualified persons with disabilities in all terms, conditions and privileges of employment.
Reasonable accommodation is available to all employees and applicants, including work site accessibility.
Section I: Introduction EQUAL EMPLOYMENT OPPORTUNITY
1-2
3 Qualified individuals with disabilities are entitled to equal pay and other forms of compensation as well as equal treatment and reasonable accommodation in job assignments. Employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
4 POLICY
The City is committed to providing a work environment that is free of discrimination, harassment, and retaliation in employment. This policy provides an organizational action plan and workplace conduct guidelines to maintain such an environment; further defines what is meant by these terms; provides avenues for reporting discrimination, harassment, and retaliation; and provides a procedure for investigation and resolution of employee complaints. The City encourages all employees, applicants, volunteers, unpaid interns and contractors to report any conduct that is believed to violate this policy as soon as possible.
City policy prohibits unlawful discrimination on the basis of race, color, creed, gender (including gender identity and gender expression), religion, marital status, registered domestic partnership status, age, national origin or ancestry, physical or mental disability (the term disabled or disability will be construed to apply to those individuals covered by Title 2 California Administrative Code, §7293.6(c) et seq. and 42 U.S. Code §12102 and the regulations as defined pursuant to that section), medical condition, sex, genetic information, military or veteran status, sexual orientation, or any other consideration made unlawful by Federal, State or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful (herein “protected category”). This prohibition against harassment and discrimination applies to the treatment of employees, applicants, unpaid interns or volunteers by a supervisor, management employee, elected or appointed official, co-worker, member of the public, or contractor.
Appropriate remedial measures, including disciplinary action, up to and including termination, will be instituted if prohibited behavior is found.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this policy will be subject to disciplinary action, up to and including termination.
DEFINING HARASSMENT, DISCRIMINATION, AND RETALIATION
Harassment
Harassment can take many forms and includes, but is not limited to, the following conduct:
• Speech, such as slurs, jokes, stories, statements, epithets, derogatory comments, unwanted sexual advances or invitations, or inappropriate comments on appearance (including dress or physical features).
• Visual conduct, such as derogatory posters, cartoons, drawings, or gestures.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
5 • Physical acts, such as offensive touching, assault, or any physical interference with normal work or movement when directed at an individual. • Threats or unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature where rejection of the conduct is used as the basis for employment decisions, offers of job benefits in return for sexual favors, or where the conduct is intended to or does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.
Identifying Unlawful Harassment
Harassment includes any conduct unwelcome by the recipient who is a member of a protected category. The following are ways to identify if conduct ventures into harassment:
• The appearance of "voluntary consent" by the recipient may not be genuine.
Harassment may still be occurring. There are many reasons why a recipient might appear to consent.
• Harassment can evolve over time. Just because no one objects to the behavior at the moment does not mean that the joke, gesture, picture, physical contact, or comment is welcome.
• Consensual visual, verbal, or physical conduct by two employees may be offensive to a third party and can constitute harassment of that third party. • Conduct can be considered harassment even if the individual in violation of this policy has no intent to be harassing.
Other Forms of Harassment
Unlawful harassment is unwelcome or offensive conduct with the purpose or effect of unreasonably interfering with an individual's work performance, or which creates an intimidating, hostile, or offensive working environment that is motivated by or directed to an employee on the basis of a protected category.
Discrimination
This policy prohibits treating an individual inequitably because of the individual's protected category as defined in this policy.
CITY OF PARAMOUNT REPORTING PROCESS – MAKING A COMPLAINT Any employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee or contractor who believes he or she has been unlawfully harassed should promptly report it orally or in writing to their supervisor, manager, Human Resources, the Assistant City Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
6 Manager, or the City Manager. In the event an employee does not feel comfortable reporting to one of the identified individuals, employee may also report this information to the City Attorney.
Supervisors Must Report
Any supervisor who receives a complaint of unlawful harassment or who observes or otherwise learns about conduct that may be in violation of this policy must notify the Assistant City Manager immediately.
Upon receiving notification of a harassment complaint, the City will:
• Provide the complainant with a timely response indicating that the complaint has been received and that a fair, timely, and thorough investigation will be conducted. • Authorize and supervise a timely, impartial, fair, and thorough investigation of the complaint by qualified personnel. The investigation will be documented and tracked for reasonable progress. The investigation will afford all parties with appropriate due process, and may include interviews with the complainant, the accused harasser, and other persons, as applicable, who have relevant knowledge concerning the allegations in the complaint.
• Review the information gathered through the investigation to reach a reasonable conclusion as to whether the alleged conduct constitutes harassment, discrimination, or retaliation giving consideration to all information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
• Timely report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, and the supervisor or Manager. If discipline is imposed, the level of discipline will not be communicated to the complainant. Take prompt, appropriate, and effective remedial action if conduct in violation of this Policy occurred. The remedial action will be commensurate with the severity of the offense. Disciplinary action for a violation of this policy can range from verbal or written warnings up to and including termination.
• Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation.
Reporting and Performance Standards
An employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor who makes a complaint of discrimination, harassment, or retaliation is in no manner excused or exempt from the same performance standards to which others performing the same or similar work are held accountable. All job performance standards Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
7 will be maintained throughout and following any investigation undertaken as a result of this procedure. Failure to meet job-related performance standards may be grounds for disciplinary action.
Other Ways to Report
This policy is not intended to prohibit employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor from filing complaints with the California Department of Fair Employment and Housing or the Federal Equal Employment Opportunity Commission or to prevent them from pursuing other available judicial remedies. These agencies may be contacted as follows:
• California Department of Fair Employment and Housing (DFEH) (800) 884-1684 or www.dfeh.ca.gov
• Federal Equal Employment Opportunity Commission (EEOC) (800) 669-4000 or www.eeoc.gov
No Retaliation
The City is committed to ensuring that all employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors who feel comfortable in raising issues regarding conduct that violate this policy without fear of retaliation.
Retaliation is defined as any adverse treatment of an employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor that occurs because that person has reported harassment or discrimination or has participated in the complaint and investigation process. The City's commitment also is intended to encourage City employees to cooperate in investigations of alleged violations of this policy by providing honest, truthful, and complete information without fear of retaliation. Employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors should feel free to report claims of unlawful harassment without fear of retaliation of any kind. The City strictly prohibits any form of retaliation against any employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor who, in good faith, makes a complaint, raises a concern, provides information, or otherwise assist in an investigation, complaint or proceeding related to any alleged violation of this policy.
Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. Thus, confidentiality will be maintained to the extent possible. The City will not disclose a completed investigation report, except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
8 Training
The City will provide mandatory training to all employees and to elected officials in accordance with applicable Federal and State law.
Responsibilities
Managers and supervisors are responsible to:
• Inform employees of this Policy.
• Model appropriate behavior.
• Take all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
• Receive complaints in a fair and professional manner, document complaints received, and escalate complaints per this Policy so that they may be investigated and resolved.
• Monitor the work environment and take immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
• Follow up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
• Assist, advise, or consult with employees and Human Resources regarding this Policy and Complaint Procedure. Assist in the investigation of complaints involving employee(s) in their departments as required and appropriate, and, if the complaint is substantiated, recommend appropriate corrective or disciplinary action in accordance with City rules, up to and including termination. • Implement appropriate disciplinary and remedial actions as directed. • Report potential violations of this Policy of which a manager or supervisor becomes aware, regardless of whether a complaint has been submitted, to Human Resources.
• Ensure that required posters are displayed in the workplace.
Each employee and contractor is responsible for:
• Treating all employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors with respect and consideration.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
9 • Modeling appropriate behavior.
• Fully cooperating with the City's investigations by responding fully and truthfully to all questions posed during the investigation.
Reporting any act, he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy and as provided in this Personnel Manual.
SECTION II:
EMPLOYMENT AND LEGAL
ADMINISTRATION
#
Section II: Employment and Legal Administration EMPLOYMENT ELIGIBILITY REQUIREMENT 2-1
10 POLICY
In accordance with The Immigration and Control Act of 1986, the City hires only those individuals who are lawfully authorized to work in the United States.
Each new and rehired employee must provide original and current documentation to the City to establish employment eligibility and identification. A completed Employment Eligibility Verification Form I-9 must be furnished to the City within seventy-two (72) hours of date of hire. Providing false documentation or making false statements on the verification form, will be grounds for immediate termination.
Section II: Employment and Legal Administration EMPLOYMENT CATEGORIES 2-2
11 POLICY
Employees are categorized into one of three different types of employment status: regular full-time, regular part-time, and temporary help. For the purposes of the policies included in this Personnel Manual, Councilmembers and Commissioners are not employees. Only the sections pertaining to employee benefits shall apply to Councilmembers. The City Manager is the Executive Officer and Hiring Authority for the City.
CITY EMPLOYMENT STATUS
Regular Full-Time Employee
Employees in this category have successfully completed a probationary period and regularly work a minimum of forty (40) hours per week. Employees in this status are required to participate in the State retirement program (CalPERS), and are eligible to participate in all benefit programs offered by the City subject to the terms, conditions and limitations of each benefit program. For details regarding work schedules and workdays, see Section 2, Hours of Work, Workweek, and Workday.
Regular Part-Time Employee
Employees in this category regularly work less than forty (40) hours per week. Hours may vary and be limited.
Temporary Help
The City may hire temporary help to assist City personnel in the accomplishment of specific projects or business goals. Such temporary help will be hired for less than nine hundred sixty (960) hours each fiscal year.
Temporary employees are paid on an hourly basis and are not eligible to participate in any benefits other than those that are mandated by State and/or Federal laws and regulations. Temporary employee status is not considered for seniority or benefit longevity purposes if the employee is subsequently hired as a regular full-time or regular part-time employee.
MANDATED EMPLOYMENT CLASSIFICATIONS
All City positions are classified as either exempt or non-exempt according to Federal and Fair Labor Standards Act (“FLSA”) legal guidelines.
Exempt Positions
If a position is classified as exempt as defined by FLSA, no overtime compensation will be paid to employees occupying that position.
Section II: Employment and Legal Administration EMPLOYMENT CATEGORIES 2-2
12 Non-exempt Positions
Employees designated as non-exempt are paid on an hourly basis with overtime compensation paid in accordance with the Fair Labor Standards Act (FLSA)
ADDITIONAL EMPLOYMENT CATEGORIES
Disaster Workers
Government Code §3100-3109 designates all public employees as disaster workers in protection of State citizens and resources. As disaster workers, employees are required to serve during a State or local emergency providing disaster service activities as assigned by a City supervisor or manager. Employees will be provided a copy of the City’s Emergency Operations procedures at orientation and additional information from their supervisor.
AT-WILL EMPLOYMENT
Specific positions and groups of employees are considered “at-will.” When an employee is at-will, the City can terminate the employee at any time for any reason.
The following positions, which include both full-time and all part-time employees, are atwill:
• City Manager;
• Assistant City Manager;
• Department heads, City Clerk, and other administrative positions as designated by the City Manager;
• Elective officers;
• Members of appointive boards, commissions, and committees; • City Attorney;
• Persons engaged under contract to supply expert, professional, technical, or any other services;
• Volunteer personnel;
• Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; emergency employee positions include those positions funded through special county, state, or federal employment programs; and • Employees, other than those listed elsewhere in this section, who are not employed in regular full-time positions.
• All part-time employees.
Section II: Employment and Legal Administration PROBATIONARY PERIOD 2-3
13 POLICY
The probationary period is an intrinsic part and extension of the employee selection process during which time the employee will be considered in training and under careful observation and evaluation by supervisory personnel. Probationary employees must show that they can perform the duties of the job without a need for closer supervision and monitoring than is reasonable for the position. Probationary employees must take the initiative to understand policies, regulations, and instructions and are required to deliver quality service on behalf of the City. Probationary employees must work and conduct themselves in a professional manner that is appropriate for the job and that exemplifies the values of the City to other employees, managers, supervisors, and the public.
Periodically during a probationary period, employee performance is evaluated.
For all City employees, except as defined otherwise in an applicable employee agreement (i.e . City Manager, City Attorney), a probationary period consists of the twelve (12) months following the date of hire into a regular appointment. This period can, with notice, be extended up to three additional months at the recommendation of the supervisor and with the approval of the City Manager, or authorized designee. During the probationary period, employment may be terminated with or without cause and with or without notice at any time. There is no grievance or appeals process upon release from probation. The City Manager’s decision is final, and the probationary employee is not entitled to any due process.
Upon promotion, an employee will also serve a twelve-month probationary period (or for a duration specified in an applicable employment agreement), before obtaining regular status in that position. The anniversary date of the employee will be revised to coincide with the date of the promotion. Probationary periods are also required for transfer appointments in a new classification.
At the discretion of the City Manager, a promoted employee under the probation period unable to satisfactorily perform the duties and responsibilities of the promotional position may return to his/her previously held position during or at the conclusion of the probationary period.
Section II: Employment and Legal Administration
POSITION CLASSIFICATION ADMINISTRATION
2-4
14 POLICY
A system of position classifications creates an understanding of the roles, responsibilities and relationships of each job classification within the City and provides options for career advancement
Position classifications are comprised of individual class descriptions.
Class descriptions identify the essential duties, responsibilities, level of authority, knowledge, skills, education, experience, licenses and certifications required to meet the minimum performance standards, for each classification at the City, and relationship to other classifications in the career series, if applicable.
The City Council is responsible for adopting the position classifications and authorizing the number of City positions through Resolutions, from time to time. The City Manager is responsible for ensuring that accurate class descriptions exist for all positions.
PROCEDURE
The City Manager or his or her designee is responsible for the preparation of a class specification for each classification. Class specifications will be updated, maintained, or may be created on a periodic basis as the City Manager determines necessary to properly describe the work performed and to accomplish City's mission, purpose and programs. A Salary Schedule of position classifications will be prepared by the City Manager, and adopted by the City Council.
Changes to job duties and/or specifications must be administered through Human Resources, and approved by the City Manager.
Section II: Employment and Legal Administration PROMOTIONS, DEMOTIONS, TRANSFERS 2-5
15 Employees can transition between allocated positions through one of the following processes:
Promotion
A promotion is the movement of a qualified employee from one classification to a position in a classification having a higher maximum rate of pay. Promotion occurs through the competitive examination process. The appointment of an employee to a "trainee" class where he/she will advance without further competition to a position allocated at a pay level above the employee's current pay range is a promotion. Probationary periods are required for promotional appointments. Compensation for promotions will be handled through the Compensation process outlined in this section.
Demotion
Voluntary demotion is permissible and will be require approval by the City Manager or his/her designee. Involuntary demotion will be handled through the Progressive Discipline Process outlined in this section.
Transfer
A transfer is a change from one position to another in the same class; or a change from a position in one class to a position in another class with an equal maximum rate of pay.
An employee who is transferred must meet the current minimum qualifications for the classification to which he or she is being transferred. Probationary periods are required for transfer appointments in a different classification.
Classification Table
See Appendix 1
Section II: Employment and Legal Administration PERFORMANCE EVALUATIONS 2-6
16 POLICY
Performance evaluations are a constructive, collaborative process used to assess the performance of an employee, and to acknowledge strengths and weaknesses in performance over a prior fixed period. Performance evaluations are also used to establish goals and objectives going forward. Performance evaluations are not disciplinary actions and thus, incidents referred to within a performance evaluation, to the extent they describe performance deficiencies, should not be an employee's initial notice that a performance problem had occurred.
PURPOSE OF PERFORMANCE EVALUATIONS
The purposes of the performance evaluation include, but are not limited to, the following:
To accurately assess the individual employee's performance during the period under review;
• To identify and acknowledge positive elements of job performance; • To identify deficiencies in performance;
• To provide or identify measures to correct such deficiencies; and • To identify potential career development objectives and to provide strategies for achieving those objectives.
PERFORMANCE GUIDANCE
An employee's evaluation will include specific details to inform and guide the employee in the performance of her/his duties. Performance standards are guidelines for performing the duties of a specific job. Supervisors shall include a section in each evaluation containing specific goals for future performance and career development. These aspects of future performance shall be collaboratively developed with the employee.
PERFORMANCE ASSESSMENT FREQUENCY
The performance of each non-probationary employee will be evaluated at least annually, but the importance of regularly conducted evaluations cannot be overstated. Furthermore, the supervisor and employee should meet to discuss the performance periodically.
Supervisors are encouraged to discuss evaluation metrics with the employee and any future goals or performance targets should be specifically addressed. If an employee determines they are unwilling to sign the evaluation, the supervisor shall note the employees' refusal to sign on the evaluation document.
During any new probationary period, an evaluation shall be conducted, no later than six (6) months after the date of hire. At which point, the Director shall determine, based on the evaluation scoring, whether or not the employee shall be placed on a performance Section II: Employment and Legal Administration PERFORMANCE EVALUATIONS 2-6
17 improvement plan (PIP). Based on the results of the PIP, the Director shall decide whether or not the employee is fit to pass probation.
FAILURE TO ISSUE AN EVALUATION
In the event a written evaluation was due but not completed within thirty (30) calendar days of the anniversary date, the employee’s next scheduled step increase will be processed, retroactive to their anniversary date. Performance will be deemed to remain the same unless and until a new evaluation is completed in accordance with this policy.
EMPLOYEE RESPONSE TO AN EVALUATION
Performance evaluations shall not be grievable or subject to disciplinary appeal processes. Within thirty (30) calendar days after receiving a performance evaluation, an employee may write comments, and/or a rebuttal statement pertaining to her/his evaluation or add relevant materials, which may supplement, or enhance the evaluation.
When such written comments or supplemental materials are received by City, they shall attached to the evaluation and placed in the employee’s personnel file.
PLACEMENT IN PERSONNEL FILE
Evaluations shall be placed in the employee personnel file, and thereafter the employee may, within thirty (30) days attach any final comments or rebuttal.
Section II: Employment and Legal Administration COMPENSATION 2-7
18 POLICY
The purpose of the City Compensation Policy is to establish objective guidelines to be used in establishing compensation for City positions. In establishing a compensation policy, the City is balancing its objective to attract, retain, and develop high quality staff with its objective to maintain the financial health and sustainability of the City. Employees will receive compensation pursuant to the Salary Resolution adopted from time to time by the City Council.
FACTORS CONSIDERED IN ESTABLISHING COMPENSATION
In setting compensation levels, the City considers the following factors:
Total Compensation
The City uses total compensation, which includes wages coupled with benefits. Benefits include active employee benefits and post-employment (retirement) benefits. Active employee benefits include examples such as paid vacation, holidays, and sick leave; medical and dental insurance; and related benefits. Post-•employment benefits include pre-tax retirement savings benefits, pension benefits, and post-employment medical insurance. The City considers total compensation to ensure meaningful comparison between other comparable public-sector agencies and to ensure both short and long-term fiscal impacts are considered.
Market Competitiveness
The City recognizes that in seeking to recruit and retain high quality staff, it is competing with other employers within its industry and region. In evaluating compensation levels, the City also evaluates its market competitiveness based on data from the most recent compensation information collected from the compensation survey, and on data about the City turnover and recruitment success.
Cost of Living Adjustments (COLAs)
COLAs are applied to provide uniform adjustments to wage ranges across job categories, with the intent of maintaining the purchasing value of wages under varying regional economic conditions. COLA adjustments are typically linked to standardized regional cost-of-living indices, and are authorized by the City Council.
ADVANCEMENT WITHIN CLASS (MERIT INCREASE)
Employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an overall “meets standardssatisfactory” rating as of their immediately preceding annual performance evaluation(s). Employees may be eligible for next step advancement twelve (12) months from the date of hire or promotion and may occur yearly thereafter until the employee reaches the top of the salary range for his or her classification. Step increases are not Section II: Employment and Legal Administration 2-7 COMPENSATION 2 19
guaranteed. The City Manager shall
effect such advances as he/she may deem advisable based upon the employee's ability, proficiency, and performance within the authorized salary range. (Resolution No. 22:037)
Requests to skip a step in the salary range may be submitted in writing to the City Manager; however, no more than one step may be skipped in a calendar year.
Salary Step Placement
The City Manager may appoint new employees upon hiring at a salary step anywhere within the Salary Range for that classification, based on the qualifications and experience of the new employee.
UPON PROMOTION
Employees who are promoted to a position in a class with a higher pay range, will be entitled to receive the rate of compensation at the lowest level of the class to which they have been promoted. In cases where the pay ranges overlap, compensation upon promotion will be at the rate in the range of the new class that is at least 5% greater than the employee's current rate, provided that it is in the new range. The next higher rate will be determined on the basis of base pay and will not consider any base pay additives. An anniversary date will be established for purposes of eligibility for future step increases and is the effective date of the promotion.
OUT-OF-CLASS ASSIGNMENT
An out-of-class assignment is the temporary assignment of an employee currently in a lower job classification to a higher job classification. An out-of-class assignment will be made in writing by the employee's supervisor or manager and must be approved by the City Manager, or authorized designee in advance of the commencement of the assignment. The employee in the out-of-class assignment will receive the higher pay while performing the duties of a higher classification.
PAY PERIOD AND PAY DAY
All employees are paid bi-weekly in accordance with the payroll calendar designated by the Finance Department.
Paychecks will include earnings for all work performed through the end of the payroll period. If a payday falls on a non-business day, the payday will generally fall on the business day preceding the regular payday.
By law, required deductions must be made in each pay period for federal and State income taxes, and State disability insurance.
Employees may contact payroll and accounting staff should they have any questions about payroll or paychecks. Payroll staff will address employee questions and concerns in a reasonable time frame.
Section II: Employment and Legal Administration COMPENSATION 2-7
20 DIRECT DEPOSIT
The City employees may have their paycheck directly deposited to a financial institution of their choice. The number of bank accounts that can be used for direct deposit at one time is limited by the maximum capacity of the payroll system. A direct deposit authorization form must be submitted to the Finance Department. Two pay periods are required to process the direct deposit.
Section II: Employment and Legal Administration HOURS OF WORK, WORKWEEK, AND WORKDAY 2-8
21 POLICY
A workweek shall be a regularly recurring period of consecutive seven (7) calendar days (168 hours). The beginning and ending of the workweek may vary according to each employee's classification and work schedule. An individual employee’s workweek will be fixed, however the City has the discretion to change the workweek as long as the change is intended to be permanent and not for the purpose of evading overtime payment requirements. All changes to an employee’s designated workweek must be documented in accordance with City procedures and reflected in the official timekeeping system. This policy ensures compliance with applicable wage and hour regulations while supporting operational flexibility across the organization.
Work shifts, days, hours, and periods can be established and modified by the City within the limits prescribed by law, based on operating conditions and requirements. Employees may not change their own regular work schedule without approval. Employees may request a change in work schedule through their manager. The manager will obtain approval from the City Manager, or authorized designee, on the requested change in work schedule. Employees are not permitted to exchange shifts with another employee without the prior authorization of both employees' supervisors. Authorization to exchange shifts will depend on many factors, including interference with City operations, and overtime considerations.
The City may consider approval of an alternate workweek schedule or flexible time for specific positions based on service levels and operational needs. Employees must obtain flexible time schedule approval by the City Manager, or authorized designee. Alternate workweek schedules are based on business need and are not an entitlement and/or vested right.
Regardless of an assigned regular work schedule, with all possible efforts to provide advanced notice, the City has the right to require an employee to work any time before or after the regular workday or regular workweek including weekends, evenings, and/or holidays. Employees may be required to work overtime.
It is understood that the City has established a workweek for each covered employee which meets the requirement of the FLSA and which will not result in overtime compensation as part of the normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. Regardless of the assigned regular work schedule, the City has the right to require an employee to work any time before or after the work of the regular workday or regular work week, including weekends, evenings and/or holidays. Employees may be required to work overtime. All employees shall receive a minimum of two 10-minute breaks and a thirty (30) minute lunch period per workday. Employees are required to be at their designated starting time, in appropriate work attire, ready to work.
Employees are required to record all work time on official City records.
Section II: Employment and Legal Administration OVERTIME 2-9
22 POLICY
Overtime Authorization
All overtime requests must have prior written authorization of the respective supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable.
F.L.S.A. Overtime
Non-exempt employees who actually work more than 40 hours in a designated sevenday workweek shall be paid or accrue compensatory time (at the employee’s discretion) at one and one-half (1.5) times the straight time hourly rate for all hours worked in excess of 40 in any workweek. An employee may elect a preference to accrue compensatory time in lieu of overtime pay. As required by law, overtime pay is based on actual hours worked. For purposes of overtime calculations, paid leave will not be considered as actual hours worked, except for Bereavement Leave and Jury Duty.
Special Events
Non-exempt full-time employees will be paid at the overtime rate for select special events determined by the City Manager or designee, so long as the special event falls outside of the regularly scheduled hours. Under this provision, if an employee takes any unplanned paid leave during the same work week, except for Jury Duty or Bereavement, those hours will be deducted from the number of hours paid for special event overtime in lieu of being deducted from the employee’s accrued leave bank of hours. For example, if an employee signs up to work a special event for 9 hours on Saturday, then calls in sick or takes unplanned vacation for their 9 hour shift the following Monday in the same work week, hours from Monday’s absence will be counted toward the hours worked on Saturday at straight time. However, if the employee has preapproval from their supervisor for planned time off obtained at least one week in advance of the time requested, the employee will be paid overtime for the special event, and they may also use paid leave for the preapproved time off later in the same week.
Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of forty (40) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by 1.5 the regular hourly rate.
A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer.
B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee.
Management may waive the ten (10) day notice in cases of emergency.
Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a Section II: Employment and Legal Administration 2-9 OVERTIME 23 funeral is known.
C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the non- exempt classification.
Call Back Pay
Call back occurs when a full-time employee is requested to report to duty on a nonscheduled work shift. Call back policy is applicable when an employee is requested to return to work, after the employee’s workday is completed and/or prior to when the employee is scheduled to begin their shift. Call back does not occur when an employee is held over from their prior shift or is working planned overtime. If, while on standby, the employee is called back outside their regular work schedule, they shall be paid a minimum of two hours at the overtime rate of pay. If an employee is required to work more than two hours when they are called back, the employee shall be paid at their overtime rate of pay for work beyond the two hours. An employee called back, who is not on standby, shall be paid at their overtime rate of pay. If an employee is called back to duty, their work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. (Resolution No. 22:037)
Standby Pay for Water Operator and Senior Water Operator Water Operator and Senior Water Operator Employees shall be assigned and compensated for Stand-By as follows:
1. Employees shall be assigned standby on a weekly basis, from Monday to Monday.
Employees are assigned standby on a rotating basis.
2. Employees shall be compensated for one hour of standby each day from Monday to Sunday to be paid at the employee’s overtime rate of pay.
3. On Saturdays and Sundays, the employee shall report to work for three hours to be paid at the employee’s overtime rate of pay.
CONDUCT WHILE ON “STAND-BY” DUTY
1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called, and will carry the city issued phone.
2. The employee will remain in a condition that allows them to immediately respond to any emergencies and safely perform their duties.
3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City.
4. In the event of a call back, the employee will wear their uniform, if applicable.
5. At the discretion of the Department Head, employees on stand-by will have use of a City vehicle to travel to and from their houses and call back assignments.
Section II: Employment and Legal Administration ATTENDANCE 2-10
24 POLICY
Consistent attendance and punctuality are important to conducting the City's business, and are, therefore, an essential part of each employee's performance standards. Poor, inconsistent, or irregular attendance can produce disruptive results for City operations, and negatively impact overall productivity and continuity of work.
Attendance records are an objective, measurable element included in each employee's performance.
Employees are expected and required to report to their designated work location at the prescribed time work activity is to commence. Tardiness, unexcused absence, failure to follow appropriate leave notice requirements, and/or failure to report as required may result in disciplinary action, up to and including termination of employment.
If an employee is unable to report to work as scheduled and has not received prior approval from the supervisor to be absent, the employee must speak to his/her immediate supervisor or, if unable to reach immediate supervisor, the department manager, or another supervisor or manager at least two (2) hours prior to the scheduled reporting time or be prepared to provide evidence of extenuating circumstances. If a supervisor or manager cannot be reached, a message may be left with the departmental clerical staff and followed up at the earliest time practical with a call to the immediate supervisor. In all cases of absence or tardiness, the employee must provide the supervisor with the probable duration of absence.
Employees who are absent from work on an approved leave may be required to contact their direct supervisor on a regular basis as determined by the supervisor, to provide information as to their return to work status.
Excessive absenteeism, abuse of leaves, and/or failure to comply with any policy statement in this Personnel Manual related to attendance or leave practices, will be evaluated on a case-by-case basis to determine appropriate management action.
Section II: Employment and Legal Administration RECRUITMENT AND SELECTION 2-11
25 POLICY
The City follows the following qualifications and merit-based procedures when filling positions.
RECRUITMENT AND SELECTION PROCEDURES
The City's employment processes will be conducted in a manner that is fair, efficient, and results in the employment of qualified candidates.
The City will utilize industry best practices for attracting and selecting qualified applicants.
Recruitment techniques may vary depending on the type of position, availability of qualified candidates, economic climate, and other considerations which may exist.
Recruitments will be conducted in accordance with equal employment opportunity principles.
All applications and selection procedure materials are confidential records and will not be returned to applicants. Falsification or misstatement of material facts on application materials or during the selection procedure may result in rejection of the applicant or dismissal of the employee at any time. No applicant information will be asked that is prohibited under any state or federal law.
All selection procedures will be designed to assess the job-related qualifications of each applicant, consistent with merit system principles. The City may utilize industry best practices to determine the qualifications of applicants, including without limitation, written tests, performance tests, physical agility tests, oral examinations, training and experience review, panel interviews, assessment centers, and oral interviews. The City may hold the selection processes itself or contract with any competent organization or individual to prepare and/or administer selections procedures.
When necessary to meet requirements for filling positions, the closing date for any selection process may be indefinite and applicants may be evaluated continuously.
BACKGROUND & MEDICAL VERIFICATIONS
The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment, including a criminal background check, where applicable, and a medical and/or psychological examination by City -retained medical practitioners, where deemed appropriate by the City.
DISQUALIFICATION
The City may disqualify any candidate for any legitimate reason. An applicant has no right to grieve or appeal any such actions by the City. Any one or more of the following reasons may result in disqualification:
Section II: Employment and Legal Administration RECRUITMENT AND SELECTION 2-11
26 • Improperly Completed Application: The applicant did not properly or timely complete the application materials.
• Minimum Qualifications: The application indicates on its face that the applicant does not possess or demonstrate the minimum qualifications for the position. • Essential Duties: The applicant is unable to perform the essential functions of the position sought, with or without reasonable accommodations. • Illegal Drugs: The applicant is currently using illegal drugs. • Legal Right to Work: The applicant is not legally permitted to work within the United States.
• False Statements: The applicant has made false statement of any material fact or practiced or attempted to practice deception or fraud in making the application for employment.
• Material Cause: Material cause, in the judgment of the City Manager, is circumstances which would render the applicant unsuitable for the position, including but not limited to a prior resignation from the City, termination from the City or other employer, significant disciplinary action by the City or other employer, or conviction of a crime which has a nexus to and may have an adverse impact on the applicant's ability to perform the job for which the applicant is applying.
Section II: Employment and Legal Administration EMPLOYMENT OF RELATIVES (NEPOTISM) 2-12
27 POLICY
It is the policy of the City not to discriminate in its employment and personnel actions with respect to its employees, prospective employees and applicants on the basis of family relationships. This policy shall apply to all full-time and part-time regular employees, to all temporary City Service Workers and City Temporary employees, and to all individuals working for the City through a temporary services agency.
No employee, prospective employee, or applicant shall be denied employment or benefits of employment solely on the basis of his or her family relationships.
The City may reasonably regulate nepotism for reasons based on supervision, safety, security, or morale. Moreover, the City’s Policy on Nepotism is motivated by business necessity concerns relating to supervision, safety, security, morale and the public’s trust in the agency’s merit-based employment system. The City reserves the right to prevent relatives from working in the same department if the work involves potential conflicts of interest or other hazards that are greater for related parties than for other persons.
Notwithstanding the above provisions, the City retains the right:
A. To refuse to place one relative under direct supervision of another where such has the potential for creating adverse impact on supervision, safety, security or morale.
B. To refuse to place both relatives in the same department, division, or facility where such has the potential for creating adverse impact in supervision, safety, security, or morale, or involves potential conflicts in interest.
A "relative" shall be defined as a son, daughter, brother, sister, parent, grandparent, spouse, registered domestic partner, or a person sharing the same household/cohabitating (in a marriage-like relationship). Half-relatives, step-relatives, adopted relatives, domestic partners as defined by State law, and in-laws are included in these restrictions.
In order to implement the above, and where the above circumstances require, the City may transfer one party to a similar position in another department should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied. No relatives may be hired, transferred or promoted into the same department without the approval of the City Manager.
If continuing employment of employees in a relationship prohibited by this Policy cannot be accommodated consistent with the City’s interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ. In the event of separation, applicable and governing due process procedures shall be applied. (Resolution No. 22:011)
Section II: Employment and Legal Administration PERSONNEL RECORDS 2-13
28 POLICY
Personnel files are confidentially maintained in accordance with federal and State guidelines and may be viewed by City management or supervisory staff as necessary for business operations and as allowed by law.
An employee may inspect his/her own personnel file, upon reasonable notice and during regular business hours, on regular business days. Employees who wish to review their personnel files should request an appointment to do so with Human Resources. Upon written consent from the employee, a representative of the employee may also review an employee's personnel file. Human Resources will arrange a time within one week of receipt of an authorized request to review a file.
Employees may receive copies of any documents placed in their personnel file upon written request. Employees may respond in writing to anything that is in the personnel file, including any negative information, and may request that the response be considered for inclusion in their personnel file. The file is the property of the City. Employees may not remove or add items to their personnel file without City approval and the file must remain in the custody of the City at all times.
PERSONAL AND CONTACT INFORMATION UPDATE
Employees are responsible for notifying Human Resources of changes in name, address, telephone number, driver's license, dependent information for benefit coverage purposes, marital status, beneficiary, education certificates or any other pertinent information related to their service to the City or public disaster worker status.
REFERENCE/CREDIT INQUIRIES
The City is authorized to verify position title and employment dates only. No other reference information will be released unless required by court order or federal or State law. Any other information, including address and phone numbers, may be released only with a written authorization from the employee or former employee. All reference inquiries or legal requests for information regarding City employees should be referred to Human Resources for processing.
Section II: Employment and Legal Administration 2-13 PERSONNEL RECORDSPOLITICAL ACTIVITY 29 Purpose
This policy outlines the City of Paramount’s policy on political activity in the workplace to ensure that City operations remain impartial, professional, and in compliance with applicable laws. As a public employer, the City has an obligation to maintain a workplace free of political influence and pressure while respecting employees’ constitutional rights.
Policy Overview
City employees are prohibited from engaging in political activity during work hours, while on duty, or when acting in an official capacity. This includes, but is not limited to:
• Campaigning for or against any candidate or ballot initiative; • Distributing political literature or promotional materials; • Displaying political signs, buttons, stickers, or clothing in City offices or while interacting with the public on behalf of the City;
• Using City uniform, email, phones, equipment, or facilities for political purposes; • Attempting to influence coworkers or subordinates regarding political beliefs or affiliations.
Permissible Activity
Notwithstanding the provisions set forth in Section 2-14, Subsection (p) of the City’s Personnel Manual, this policy does not restrict employees from:
• Voting or expressing personal political opinions during non-work time; • Participating in political campaigns or activities outside of work hours and outside the workplace, as private citizens;
• Attending public meetings or political events on their own time; • Donating to political campaigns in their personal capacity.
Enforcement
Violations of this policy may result in disciplinary action, up to and including termination, in accordance with the City’s disciplinary procedures.
Employees with questions about what is or is not permissible are encouraged to contact the Human Resources Department for clarification.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
30 POLICY
This chapter applies to all regular full-time and part-time employees. all regular full-time employees except those listed in Section
2.16.040 of the Paramount Municipal Code, as the positions listed in this Section serve at the pleasure of the appointing authority.
Unless otherwise specified, the following constitutes the City's policy regarding disciplinaryactions:
DEFINITION AND OBJECTIVE OF DISCIPLINE
Discipline is the enforcement of conformity to policies, rules and regulations, and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service requirements of the City organization successfully. Disciplinary action is accomplished in such a manner as to be just, equitable, and suited to the situation. The disciplinary action when taken shall be documented in such a manner as to be defensible on appeal and/or review.
CAUSES FOR DISCIPLINE
Regular employees may be counseled, admonished, reprimanded, suspended, demoted, terminated or incur a reduction in pay for any of the following causes of discipline:
(a) Fraud in securing employment or making false statement on an application for employment or on any supporting documents furnished with or made a part of any application.
(b) Incompetency and/or poor work performance, such as failure to comply with the minimum standard of an employee's position for a significant period of time.
(c) Inexcusable negligent duty, such as failure to perform duties required of an employee.
(d) Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position. (e) Acts of dishonesty.
(f) Obscene or lewd conduct.
(g) A deliberate action that endangers the life and safety of another person.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
31 (h) Being under the influence of alcohol or controlled substances while at work, while driving a City vehicle, or consuming, selling, possessing, or manufacturing same while on City premises or while engaged in City business.
(i) Addiction or habitual use of alcoholic beverages, narcotics, or any habit forming drug, so as to interfere with job performance.
(j) Absence without leave, including but not limited to being absent from the workplace without a reasonable excuse.
(k) Conviction of a felony, or a misdemeanor involving moral turpitude, which shall be deemed to include only crimes involving dishonesty or character depravity, which can be proven to relate to the satisfactory performance of the employee's job.
(l) Discourteous behavior. Normally such behavior is grounds for reprimand, but more serious discipline shall be given in event of multiple reprimands.
(m) Aggressive, profane or abusive language, towards a supervisor, employee, or member of the public uttered in a serious, provocative way.
Fighting or threatening violence in the workplace.
(n) Improper or unauthorized use of City property and/or facilities. (o) Unauthorized possession of firearms, weapons, explosives, or hazardous materials.
(p) Any willful act of conduct undertaken in bad faith which either during or outside of duty hours is of such a nature that it causes discredit to fall upon the City, the employee's department or division. Willful failure to maintain proper decorum during working hours causing discredit to the employee's department or division.
(q) Knowingly failing to follow the procedures set forth herein governing grievances when pursuing a grievance.
(r) Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.
(s) Tardiness and/or abuse of accrued leave time.
(t) Theft or inappropriate removal or possession of City property or the property of a fellow employee.
(u) Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation by an employee for the performance of the employee’s assigned duties.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
32 (v) Falsification of any City report or record, or of any report of record required to be, or filed by the employee.
(w) Willful violation of any of the provisions of the Paramount Municipal Code, lawful ordinances, resolutions, or any rules, regulations, or policies which may be prescribed by the City Council, City Manager or department head as appointing authority.
(x) The political activities of City employees which do not conform to pertinent provisions of State Law.
This list is not exhaustive, and other conduct may also constitute a cause for discipline in accordance with this policy. Moreover, and notwithstanding any identification of actionable conduct in this list, this policy does not intend to infringe upon and does not infringe upon conduct protected by the Meyers-Milias-Brown Act.
ADMINISTRATIVE LEAVE
A department manager may place an employee on administrative leave with pay pending an investigation or potential disciplinary action. Administrative leave with pay is authorized: 1) when the Department Head believes that the employee's continued presence at the work site could have detrimental consequences for City operations, and/or 2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action will be taken in accordance with this policy.
TYPES OF DISCIPLINE
Department heads and supervisors shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action. A confidential written report shall be made of such conferences and retained by the department head.
The following types of formal disciplinary action are permissible in accordance with the provisions of these rules and regulations.
• Verbal Reprimand: An employee may be verbally reprimanded in private about his/her inappropriate behavior. The Supervisor shall make a brief notation regarding the date and substance of the verbal reprimand in the supervisor file. If an employee’s conduct does not improve, reference to the verbal reprimand will be made in a subsequent written reprimand or performance evaluation. • Written Reprimand: If the inappropriate behavior continues after a verbal reprimand, or if deemed warranted by the Supervisor, the employee will receive written notification indicating the City is dissatisfied with the employee’s services or conduct and that further disciplinary measures may be taken if the behavior is Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
33 not corrected. A signed copy shall be delivered to the Personnel Officer which shall be placed in the employee’s personnel file.
• Suspension: An employee may be suspended without pay for periods not to exceed thirty (30) working days in any one calendar year. • Disciplinary Reduction in Pay: An employee’s pay rate within their pay range and class may be reduced for disciplinary reasons.
• Disciplinary Demotion: An employee may be demoted from a position in one class to a position in another class having a lower maximum pay rate. The demotion may be permanent or temporary.
• Dismissal: An employee may be dismissed from City service for disciplinary reasons.
It is important to understand that, depending on the severity of the misconduct, the City is not required to start with a verbal and/or written reprimand; more significant discipline, including dismissal, may be imposed if warranted.
Section II: Employment and Legal Administration GRIEVANCE PROCEDURE 2-15
34 POLICY
This chapter applies to all regular full-time employees except those listed in Section
2.16.040 of the Paramount Municipal Code. (Resolution No. 22:037)
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee of a misinterpretation, misapplication, or violation of a particular provision of the City policy, rule, or past practice.
This procedure shall not apply to complaints of discrimination, harassment or retaliation.
This procedure shall not apply to performance evaluations or discipline.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance.
Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received.
Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision, and the grievance shall not be subject to further appeal or reconsideration.
All time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee (e) and the designated management representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the Section II: Employment and Legal Administration 2-15 GRIEVANCE PROCEDURE 35 complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the informal procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she shall inform the Assistant City Manager, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below:
FORMAL PROCEDURE
Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) shall initiate the grievance procedure by explaining the situation in writing, with the information prescribed above, to the immediate supervisor of the affected employee(s). The employee(s) waive the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the employee(s) within eight (8) days.
Step Two – Department Director
If the employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant’s Department Director within eight (8) days of the decision of the immediate supervisor. The employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the employee(s), with copies to the Human Resource Director and the City Manager.
Step Three - City Manager/Advisory Arbitration
If the employee(s) is not satisfied with the result of the meeting with the Department Head, the grievant may request the matter be heard by the City Manager or designee or the employee may choose to have the matter heard by an impartial hearing officer (arbitrator).
Section II: Employment and Legal Administration
GRIEVANCE PROCEDURE
2-15
36 Should the matter be submitted directly to the City Manager or designee, he/she shall meet with the employee(s) within eight (8) days of receipt of the grievant’s written notice.
If the employee(s) elects to have the matter heard by the City Manager or designee, the employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Manager shall provide his/her decision, in writing, to the employee(s). The decision of the City Manager shall be final and binding.
If the employee elects arbitration, costs of the arbitration shall be shared equally between the employee and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost.
If the elects arbitration, the City shall request a list of five (5) arbitrators registered with the California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the employee’s request. The employee may delete/strike two names from the list. The City will then select the arbitrator from the remaining names on the list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Manager shall provide his/her decision, in writing, to the employee(s). The decision of the City Manager shall be final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
Section II: Employment and Legal Administration APPEALS PROCEDURE 2-16
37 POLICY
Any regular full-time employee in the Competitive Service, who has passed his probationary period, feeling him or herself aggrieved and having not resolved such pursuant to the grievance procedure outlined herein shall, within five (5) business days, have the right to appeal to the City Manager of the notice of disciplinary action to be taken. If the employee fails to submit a timely written appeal, the disciplinary action will be final and binding. The City Manager shall select an independent hearing officer who shall set a hearing on the appeal not more than forty-five (45) business days from the date of the filing. The City Manager shall review the hearing officer’s conclusions, findings, and facts prior to deciding whether or not to uphold the disciplinary action.
Written notice of the City Manager’s decision shall be given to the employee. The City Manager’s decision shall be final.
Section II: Employment and Legal Administration RESIGNATION/SEPARATION 2-17
38 POLICY
Resignation
An employee wishing to resign is asked to submit a written notice ten (10) working days prior to leaving. The notice should include the reasons for resignation and the effective date.
Layoff
Pursuant to Section 2.16. 120 of the Paramount Municipal Code, the following criteria shall supplement Section 2.16.120 and will be utilized in establishing the “order of layoff”:
A. “Length of service” shall be determined by an employee’s length of full-time employment as a City employee. Seniority will be measured from an employee’s most recent date of hire as a full-time employee; however, any period of unpaid leave of absences in excess of thirty (30) calendar days shall be deducted from the employee’s total full-time service, except where the deduction of such leave is prohibited by State and Federal law.
B. The “order of layoff” shall be determined within each Department. If a Department has more than one Division, then the “order of layoff” shall be determined within each Division.
C. Any employee who is subject to layoff shall have no right to bump, transfer, and/or demote to another position in the City.
D. The City Manager, in conjunction with the Department Head, may make the determination that an employee with lesser seniority has special “skill, ability, and job performance.” Therefore, this policy does not preclude the retention of employees who have less seniority to other employees within the classification for which the reduction in force action may be taken.
E. In conjunction with the “fourteen (14) days prior notice,” the City may place employees selected for layoff on paid administrative leave.
F. The City Council may, at its sole discretion, establish severance packages for those employees selected for layoffs.
Return of City Property
All employees who are separating from City employment are required to return all equipment, keys, ID cards, emergency passes, uniforms, City-related login credentials and other City property prior to leaving the City on the last day of work.
Section II: Employment and Legal Administration HOLIDAYS 2-18
39 POLICY
Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided with the following holidays with pay based on the number of hours constituting a regular working day, subject to the provisions below:
1. January 1st - New Year’s Day
2. The 3rd Monday in January – Martin Luther King, Jr. Day
3. The 3rd Monday in February – President’s Day
4. March 31st – Cesar Chavez Day*
5. The last Monday in May – Memorial Day
6. June 19th - Juneteenth
6. July 4th – Independence Day
7. The first Monday in September – Labor Day
8. November 11th – Veterans’ Day
9. The 4th Thursday in November – Thanksgiving Day
10. The day after Thanksgiving
11. December 24th – Christmas Eve
12. December 25th – Christmas Day
13. Such other days as may be designated as holidays by the Mayor and City Council of the City of Paramount
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to employees. The City Manager and City Council may approve a holiday switch to a different date if requested by employees. *In FY 254-265, the City will not observe Cesar Chavez Day (March 31, 20265) as a holiday. Instead, that holiday will be transferred and observed on FriMonday, December 263, 2025, applied as 8 hour holiday leave to match the Friday work day schedule.4.
C. Additional Holidays may be approved by the City Council.
D. When an employee is required to work on an Actual or Recognized Holiday, the employee shall be paid for the holiday and compensated at the overtime rate of one and one-half times regular pay for hours worked, or shall receive time off during regular working hours equal to the actual number of hours worked on the holiday(compensatory time). If an employee works both the Actual Holiday and the Recognized Holiday, the employee shall receive overtime or compensatory time for only one of the two days, and straight time for the other day, at the discretion of the Department Director. Prior to working on the holiday, the employee shall determine from the Department Head whether compensation shall be in the form of overtime or compensatory time. This holiday policy does not apply to exempt employees. (Resolution No. 22:037)
Section II: Employment and Legal Administration
GRIEVANCE PROCEDURE
2-15
40 PURPOSE
It is the City’s practice to institute policies that are current with industry standards and promote fiscal responsibility. This policy provides employees with an equitable process to bank holiday leave hours that cannot be used due to scheduling reasons, while ensuring the City remains fiscally prudent. Personal Holiday banked hours are intended to be used within the same year and not be carried over in perpetuity. This policy also provides a reasonable formula for employees to gradually draw down their previously banked Personal Holiday hours.
POLICY
Full-time regular employees may bank personal holiday hours (“Personal Holiday”) if a paid holiday lands on their Regular Day Off (RDO) to be used during the same pay period, or banked to be used at a later date, in accordance with this policy.
Effective July 1, 2023, new Personal Holiday hours banked after July 1, 2023 will be placed in a Personal Holiday bank and must be used by the last pay period of each fiscal year or they will be lost. Every July 1, employee Personal Holiday banks will reset to zero (0) hours.
Employees are eligible to use personal holiday as it is banked. Personal Holidays hours will be scheduled to ensure continuous and efficient departmental operations, operational safety, and to meet overall business goals and objectives. Employees shall request use of personal holiday a reasonable time in advance of the proposed use of the personal holiday.
Draw Down, Payout, and Archive Banked Hours
Any employee with a bank of Personal Holiday over 80 hours on July 1, 2023, will be paid out all hours above 80 at regular straight time rate of pay no later than the second pay period July 2023; or employees may elect to be paid out and have a balance as low as 40 hours.
These employees may also elect to have a portion or all of their hours paid out deposited into the City’s Defined Contribution Plan (i.e. 457(b)) in accordance with federal regulations as described below.
Employees with a remaining balance after being paid out will have their remaining hours placed into a separate grandfathered bank (“Archive Bank”) and will be required to use their remaining balance of hours pursuant to the draw down plan below:
• Balance between 41 – 80 hours: Each employee who has between 41 to 80 hours will have one (1) year to use their Archive Bank of hours above 40, or they will lose them. Employees will begin July 1, 2024 with no more than 40 hours.
Section II: Employment and Legal Administration 2-19 PERSONAL HOLIDAYS 41 • Balance between 1- 40 hours: Employees who have a balance between 1 to 40 starting on July 1, 2023 may keep those hours in their Archive Bank where they may use these last 40 or less hours at any time during their employment with the City without expiration. These final 40 or less Archive Bank hours will not have any monetary value and will not be paid out, with the following exception. • Separation of employment within two (2) years: Any employee who separates from employment with the City through June 30, 2025 will be paid out their entire unused Archive Bank upon separation at their rate of pay at the time of separation.
Good Faith Effort to Grant Personal Holiday Leave
Supervisors shall work with employees in good faith to grant requested Personal Holiday leave before the end of each fiscal year in order to comply with this Policy, including the aforementioned Archived Banked hours. In rare circumstances, an employee’s request for leave may be denied due to operational needs. If newly banked Personal Holiday hours (those banked after July 1, 2023) are unable to be used prior to the end of the same Fiscal Year they are banked after earnest effort to use them, the Director may submit a request to the City Manager for the hours to be paid out in the first pay period of the following Fiscal Year.
Section II: Employment and Legal Administration VACATION 2-20
42 POLICY
Full-time regular employees will earn paid vacation time from the first month of employment on a pay-period basis, accrued with the following schedule:
• Less than five (5) years of continuous service: Each employee working in continuous service of less than five (5) years shall earn 80 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked. • Five (5) or more years of continuous service: Upon completion of the fifth year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 120 hours of paid vacation per year.
Vacation shall be earned on a prorated basis for time worked. • Ten (10) or more years of continuous service: Upon completion of the tenth year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 160 hours of paid vacation per year.
Vacation shall be earned on a prorated basis for time worked.
Upon hiring, new employees with prior public service may request to be placed in a higher vacation accrual schedule, not to exceed currently adopted maximum levels, based on the years of service at their most recent employer, at a year-for-year transfer rate, at the discretion of the City Manager.
After November 1, 1996, each employee may accrue a maximum of 240 hours of vacation. Each employee may retain vacation accrued but not used on or before November 1, 1996. Once an employee's accrual reaches the stated maximum, additional vacation will not accrue until an employee's total accumulation level (accrued vacation balance) is below the stated maximum.
Upon separation of employment with the City, all unused accrued vacation will be paid at the employee's current rate of pay.
Upon rehire, employees will begin to accrue vacation according to the above schedule with no carry-over of previous years of eligible service.
Section II: Employment and Legal Administration 2-20 VACATION CASH OUT PROGRAM CASH
43 USE OF VACATION
Employees are eligible to use vacation as it is accrued. Vacations will be scheduled to ensure continuous and efficient departmental operations, operational safety, and to meet overall business goals and objectives. Whenever possible, vacation approvals will be made consistent with the employee's request. All vacations are subject to cancellation in cases of emergency conditions. If a City holiday occurs during vacation leave, the employee's vacation accrual will only be charged for non-holiday workdays. • Employees shall be eligible to use vacation as it is accrued • Employees shall request use of vacation a reasonable time in advance of the proposed use of the vacation as designated by the City Manager or his designee.
Section II: Employment and Legal Administration
VACATION
2-20
44 PUROSE
The purpose of the Vacation Buyback Program is to encourage employees to use their accrued vacation hours to promote a life-work balance. This policy will incentivize those who use vacation hours throughout the year by allowing them to cash out a portion of their remaining accrued vacation balance.
Beginning in November 2024, and each November thereafter, full-time employees who wish to cash out vacation hours in the next calendar year, shall make an irrevocable election and submit it to the City, in writing, no later than November 1. Employees may cash out up to sixty (60) hours that they may accrue the next calendar year for the irrevocable election. The City shall make a form available to employees to make the irrevocable election no later than October 15 of each year. In order to be eligible to participate in the vacation buyback program, employees must have taken at least eighty (80) hours of vacation during the calendar year (of the vacation buyback election). Any cash out of vacation leave will not cause the employee’s total amount of accumulated vacation in their vacation bank to fall below 180 hours.
Employees who do not submit an irrevocable election form by November 1 will be deemed as foregoing participation in the optional annual vacation buyback program for that following calendar year.
The payment will be made via a separate check or direct deposit during the second payroll in February.
The vacation buyback program is not a recognition or reward program.
Income from the vacation buyback program does not constitute annual salary for the purposes of retirement calculations
In the event an employee has less hours in their vacation bank eligible for cash out at the time the cash out is to be paid than they had previously elected to cash out, then the employee shall only be paid up to the eligible amount remaining in their vacation bank at the time of their actual cash out by February 15 of each year. (Resolution 24:022) Section II: Employment and Legal Administration SICK LEAVE 2-21
45 POLICY
All regular employees and employees who are in their probationary period shall be granted sick leave as determined by the following rules:
• All regular full-time employees and full-time employees who are in their probationary period shall be granted sick leave at the rate of 96 hours for each 12 months of the employee’s active service. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum of 480 hours.
• Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of fifty percent (50%) of the employee's current pay rate, unless the employee’s retirement date is within 30 days of December 31st. In which case, the employee will be paid in full at his or her current pay rate.
• All regular part-time employees shall be granted forty (40) hours of paid sick leave at the time of employment and at each new fiscal year. No sick leave with pay may be taken until the 90th day of employment.
• Part-time employees will be limited to forty (40)hours of sick leave use in each fiscal year during their employment. Part-time employees shall not be compensated for unused sick leave upon separation of employment. • Any balance remaining from the 40 hour sick leave bank, as of June 30, 2026, shall be rolled over to the following fiscal year, at a maximum rollover of 20 hours. • When promoted to a full-time position, that part-time employee’s sick leave balance will be cashed out their part-time rate of pay.
• All employees eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. "Family member" is limited to:
a. A child, for purposes of these provisions, means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
b. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
Section II: Employment and Legal Administration
VACATION
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46 c. A spouse
d. A registered domestic partner
e. A grandparent
Section II: Employment and Legal Administration SICK LEAVE 2-21
47 f. A grandchild
g. A sibling, or
h. Designated person
2. Enforced quarantine of the employee in accordance with community health regulations; or
3. The death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-in-law, brother-in-law, mother- in-law, or sister-in-law of the employee's, regardless of residence. Accrued vacation may also be used for bereavement purposes for members of the immediate family.
4. For an employee who is the victim of domestic violence, sexual assault, or stalking, the reasons described in subdivision (c) of Labor Code Section 230 and subdivision (a) of Labor Code Section 230.1.
• Any employee on sick leave shall inform their supervisor of the fact and the reasons thereof within two hours of the beginning or their work shift of each sick day, unless otherwise agreed, and failure to do so may be cause for denial of sick leave with pay for the period of absence and may be cause for disciplinary action. • Eligibility of sick leave shall commence when accrued, except for part-time employees who have not been employed for at least 90 days. • Observed holidays occurring during sick leave shall not be counted as days of sick leave.
• Upon retirement through the Public Employees' Retirement System (PERS), layoff, or death, any unused accumulated sick leave shall be paid to the employee, or in the event of death, to the employee's rightful heirs at the rate of one hundred percent (100%) of the employee's current pay rate.
• Upon termination, either voluntary or non-voluntary, other than retirement, lay-off, or employee's death, sick leave shall be lost and not compensated for whatsoever. • Employees are required to submit to their supervisor proof of illness from a licensed physician upon missing three (3) consecutive days of work.
Section II: Employment and Legal Administration
SICK LEAVE
2-21
48 • The City Manager may require an employee who is out sick, to furnish proof of disabling sickness or illness in the form of a physician’s notice or certificate at any time if the employee is suspected of abusing or misusing sick leave. Employees off of work may be subject to the successful completion of a fitness for duty examination prior to returning to work at the City’s expense.
Section II: Employment and Legal Administration 2-22 MENTAL HEALTH DAY 49 A paid mental health day is a day off work (eight hours for employees on a 5/40 schedule and nine hours for employees on a 9/80 schedule) for an employee to prioritize their wellbeing and address any mental health challenges they may be facing. This designated day off provides an opportunity for employees to engage in self-care activities tailored to their needs, whether it involves relaxation, seeking therapy, practicing mindfulness, or simply taking a break from the demands of daily life. The need for a mental health day can stem from various sources beyond the workplace environment. External stressors like chronic illness, family obligations, financial pressures, or personal crises can significantly impact one’s mental health, underscoring the importance of having dedicated time to recuperate and recharge. The City remains committed to fostering a culture of understanding and compassion, ultimately promoting greater overall well-being among its workforce. (Resolution No 24:022)
ELIGIBILITY
All regular full-time employees shall be granted one (1) mental health day every fiscal year, beginning on July 1st.
PURPOSE
A mental health day can be used for:
• Therapy and related appointments;
• Recovery from physical/mental illness or injury;
• Unplugging and taking the day off to unwind.
Full-time employees may also use their sick leave accruals for mental health issues. Please note: Employees are required to submit proof of illness from a licensed physician upon missing three (3) or more consecutive days of work.
Leave Request:
Employees must request to take a mental health day in a reasonable time in advance of the proposed mental health day. A supervisor, in their discretion, may approve a mental health day request if the employee submits the request within two hours of the beginning of the employee’s work shift. Failure to provide reasonable advance notice may result in denial of the mental health day.
Additional Information:
• A mental health day is not an accrued benefit and will not be carried over beyond June 30 of each fiscal year.
• A mental health day has no cash value and will not be cashed out at the time of separation or retirement.
• A mental health day cannot be used in conjunction with vacation days, personal holiday hours, and/or compensatory time off.
• A mental health day must be used as an entire day off, not incrementally or partial days.
Section II: Employment and Legal Administration EXECUTIVE AND MANAGEMENT LEAVE 2-23
50 POLICY
Executive and Management Leave
To help enhance the outcome of recruitment efforts, the City Manager may provide new eligible employees up to an additional twenty (20) hours of Executive and Management Leave, one time. Additional Executive and Management Leave in excess of sixty (60) Executive Leave hours or forty (40) Management Leave hours is not allowed beyond the first Fiscal Year of employment. The option for an additional twenty (20) hours of Executive or Management Leave as incentive for new hires will be reviewed on a case by case basis, taking into account current labor market trends.
Executive Staff members, consisting of the City Manager, Assistant City Manager, Department Directors, and City Clerk, shall be entitled to Executive Leave consisting of 640 hours of paid time off. Executive Leave is not an accrued benefit and may not be carried-over beyond the end of the last day June. Executive leave is a “use it or lose it” benefit based on the payroll fiscal year. The payroll fiscal year begins the first day of pay period one and ends at the end of the last day of June. The full sixforty (640) hours/five (5) days are available to a member of the Executive Staff as soon as he/she is appointed to an Executive Staff position as defined above. Upon separation from the City, Executive Staff members will not be paid out executive leave.
Upon hiring, the City Manager may provide new Executive Staff employees up to an additional twenty (20) hours of Executive Leave, one time, beyond the standard sixforty hours, not to exceed a total of eighsixty (860) hours for the first Fiscal Year. Additional Executive Leave in excess of sixforty (640) hours is not allowed beyond the first Fiscal Year of employment. The option for an additional twenty (20) hours of Executive Leave as incentive for new hires will be reviewed each year during the annual Budget Adoption, taking into account current labor market trends.
(40) Management Leave
Specific exempt positions as listed below are entitled to Management Leave consisting of 40 hours of paid time off. Management Leave is not an accrued benefit and may not be carriedover beyond the end of the last day June. Management Leave is a “use it or lose it” benefit based on the payroll fiscal year. The payroll fiscal year begins the first day of pay period one and ends at the end of the last day of June. The full forty (40) hours are available as soon as he/she is appointed to one of the exempt positions as defined below. Upon separation from the City, management leave will not be paid out.
• Assistant Directors
• Managers
• Water Superintendent
• Senior Accountants
• Senior Services Program Supervisor
Section II: Employment and Legal Administration 2-21 EXECUTIVE LEAVE 51 • Community Services Supervisor
• Maintenance Supervisor
• Code Enforcement Officer Supervisor
•
• Associate Planner
• Management Analyst
Section II: Employment and Legal Administration REASONABLE ACCOMMODATIONS 2-24
52 POLICY
As a reasonable accommodation to assist an employee in returning to and resuming the duties of his/her position, the City may authorize modified duty for a temporary and limited period of time. Temporary modified duty assignments may occur when a regular employee has been medically released for limited work based on specified restrictions.
The City will require the disabled employee to provide Human Resources with the treating physician's statement of work restriction(s) or a status report specifying the employee's anticipated date of return to modified or full duty. When an employee is assigned temporary modified duty, he/she will be compensated for hours worked at the regular rate of pay established for the class of work performed. If an employee is assigned to modified duty less than full-time, compensation for hours worked may be supplemented by accrued sick leave, partial workers' compensation disability payments, or other available leave accruals. Except where prohibited by law, the City reserves the right to have employees examined by a City designated physician at no cost to the employee prior to authorizing modified duty.
Temporary modified duty assignments are intended to assist an employee to return to work while recovering from an injury and/or illness and are not intended to be a permanent accommodation.
Typically, a modified duty assignment may be approved for up to twelve (12) months, if possible. After twelve (12) months, an employee must either be released for full duties, or enter an interactive process to determine if additional appropriate accommodations are necessary and available.
Fitness for Duty Examination
Employees who are chronically unable to perform their assigned duties may be required to undergo a fitness for duty examination. The purpose of the examination is to determine the employee's ability to perform the essential functions of the position. The City will assume the costs of the examination.
Section II: Employment and Legal Administration LEAVES OF ABSENCE 2-25
53 POLICY
In addition to the practices described regarding the use of paid leave benefits (holiday, vacation, sick), employees may request and/or be entitled to leave for a range of specific reasons.
Leave of Absence without Pay
The City Manager may grant leaves of absence up to one year without pay to any regular full-time employee if the circumstances of the particular case warrant such action. During all such leaves of absence the employee shall not be considered as being on active service and shall not accrue any service time calculated benefits. Such an employee who wishes to continue health insurance coverage may do so at his/her expense at the City's group rates, up to one year. The employee should contact Human Resources for the necessary forms.
Unless specified otherwise elsewhere in this Policy or federal or State law dictates otherwise, vacation, sick leave and holiday benefits do not accrue during periods of unpaid leave of absence.
Failure to return to work on the scheduled workday following the expiration of a leave of absence will be a voluntary resignation.
An employee must request a leave of absence for personal leave or protected leave. The written request must be made in writing, at least thirty (30) days in advance of the desired leave date, if possible, and specify the reason for the leave and the length of time requested.
All regular, full-time employees may request to use the leave provisions outlined below, subject to the approval of the City Manager, or authorized designee. A brief description of all legally entitled leaves is listed following this section.
ADDITIONAL CITY-PROVIDED TYPES OF LEAVE
Bereavement Leave
All regular full-time employees and full-time employees who are in their probationary period shall be entitled to three (3) days of bereavement leave with pay upon the death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-in-law, brother-in-law, mother-in-law, or sister-in-law of the employee, regardless of residence. Such bereavement leave with pay shall not be deducted from sick leave. Upon exhaustion of this bereavement leave, employees may use other types of leave in accordance with this manual. Additionally, all part-time employees are entitled to three (3) days (fifteen (15) hours maximum) of bereavement leave with pay once per year for a member of the employee’s immediate family.
Section II: Employment and Legal Administration LEAVES OF ABSENCE 2-25
54 Common Legally-Entitled and Protected Leaves
Federal and state laws and government codes protect employment and provide policy guidance for many types of leaves. The following section provides the City's policy statement and an introduction to some common protected leaves. Generally, protected leaves do not include pay unless the City’s policies provide for paid leave. More information about protected leaves can be obtained by visiting or speaking to a supervisor or manager or Human Resources. Employees may also look up the cited legislation or code referred to for each type of leave below.
Family and Medical Leave Act (FMLA 29 U.S.C. 2601)
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Employees are eligible for leave if they have worked for their employer at least 12 months and at least 1,250 hours over the past 12 months.
These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
• For the birth and care of the newborn child of an employee within one year of birth; • For placement with the employee of a child for adoption or foster care; • To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition;
• To take medical leave when the employee is unable to work because of a serious health condition;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
Kin Care or Healthy Workplaces, Healthy Families Act (CA Labor Code 233-234) The California Healthy Workplaces Healthy Families Act of 2014 allows employees to use up to one-half of their annual sick leave allowance to care for a "family member." However, the City allows employees to use the entire sick leave allowance to care for a "family member" if necessary.
Family members are defined as the following:
• Child - a biological, adopted, foster, step, legal ward, or child to whom employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status restrictions
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LEAVES OF ABSENCE
Section II: Employment and Legal Administration
55 • Parent- biological, adoptive, foster parent, stepparent, legal guardian, or a person who was in loco parentis when the employee was a minor
• Spouse/Registered Domestic Partner/Grandparent/Grandchild/Sibling • Designated Person - The designated person can be “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Employee must identify the “designated person” – at the time they request leave.– one designated person per 12-month period
Pregnancy Disability Leave Law
Employees who are disabled because of pregnancy or childbirth or a related medical condition are entitled to pregnancy disability leave of up to 17 1/3 weeks in accordance with the California Pregnancy Disability Leave Law (Government Code §12945).
Requests for pregnancy disability leave under California Pregnancy Disability Leave Law require certification of a treating physician.
An employee is "disabled" if, in the opinion of her health care provider, she is unable, due to a pregnancy related disability, to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons.
Absence from work due to pregnancy-related disabilities is treated the same as absence from work due to any other physical disability, and the employee will be required to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave or compensatory time off for any portion of the unpaid leave.
Military Leave
Military leave shall be granted to any regular full-time employee or full-time employee who is in their probationary period in accordance with the Military and Veteran's Code of the State of California and as amended. Employee shall ensure that his/her supervisor receives advance written or verbal notice of military service.
Reproductive Loss Leave
SB 848 adds Govt. Code Section 12945.6 grants an employee's request for leave following a “reproductive loss event” which is defined as "the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction." The bill requires that the employee provide otherwise confidential information about the loss event.
An employee is entitled to take up to five days of reproductive loss leave, which need not be consecutive. If an employee experiences more than one reproductive loss event within a 12-month period, the employer may cap leave time at 20 days within a 12-month period.
JURY DUTY
2-30
56 A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to ten (10) work days based on City Hall schedule at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their Supervisor, either in person, verbally, voicemail message or in writing (electronic), on the day they are released from their jury duty obligations.
C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the city and the employee shall be entitled only to the court’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m.
Monday thru Friday while the employee is serving on jury duty. This temporary workweek reassignment shall be for the balance of the scheduled workweek.
Reassignment of duties may also be made to maximize an employee’s productivity prior to, and following release from jury duty.
E. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be entitled, at the employees’ option, to use any accrued leave time, other than sick time, during the period of extended jury service.
The employee shall continue to receive all paid benefits, and shall continue to accrue eligible leave benefit.
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CATASTROPHIC LEAVE
Section II: Employment and Legal Administration
57 POLICY
The City offers a Catastrophic Sick Leave-Donation Program to give employees a chance to support their co-workers who are facing major unforeseen and catastrophic circumstances. The program allows employees to provide assistance to other employees of the City in the form of donated sick time. While the program establishes a procedure for donation, participation is entirely voluntary.
An employee shall be faced with, or have incurred, either a catastrophic illness or injury to be eligible for this program. Human Resources shall determine individual eligibility status. "Catastrophic" means: the employee is unable to perform the duties of his position because of a serious illness or accident or will require a lengthy recovery; there is a serious illness or accident which will require a lengthy recovery in the employee's immediate family; or there is a death in the employee's immediate family.
The employee requesting the donation of vacation, sick or compensatory time hours must have reached zero balances during the illness or recovery period to be eligible. The maximum hours the employee may use will not exceed 60 days per 12-month-period.
Human Resources and the Department Manager will evaluate each request. Under no circumstances may an employee use a number of hours for a pay period that exceeds his or her regularly scheduled hours.
The employee who donates the hours (''the donor"):
1. Must have sufficient hours to donate;
2. Must maintain a balance of at least a sum of 40 hours of their own accrued time in each of their accounts;
3. Shall not have any portion of the hours returned to him/her once the donated hours are placed in the donation account; and
4. Must relinquish all claims to the donated hours in the future and upon separation of employment with the City.
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TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
58 POLICY
The City will ensure that its employees adhere to the principles of fiscally responsible expenditure of public funds. Travel expenses and reimbursements will be made only for legitimate expenditures incurred while conducting official City business in compliance with IRS regulations and this Policy.
This Policy provides appropriate and necessary parameters to all employees on the use and expenditures of City resources, as well as the standards against which those expenditures will be measured.
Travel Expenses Allowance
All regular full-time employees with prior approval by the City Manager or his or her designee, shall be eligible for a travel expense allowance as specified by the following:
• Local Travel: Expense claims for use of private automobiles must be submitted to the City Manager or his or her designee. Such use will be reimbursed at the standard mileage rate for all business miles as determined by the Internal Revenue Service.
• Out-of-Town Travel: If, in the judgement of the City Manager or his or her designee, the estimated expense for contemplated travel out-of-city is too high to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount to the employee. • Use of personal cars for trips out of the metropolitan area may be approved by the City Manager when use of commercial transportation is not practical. Mileage compensation is not to exceed air fare cost.
• Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip. Expenses for meals will be reimbursed at actual cost.
Reimbursable Expenses
Reimbursable expenses must be beneficial to the City and have a public interest and purpose resulting, or tending to result, in an increased efficiency in City administration and a more complete understanding of the operations of the City.
Approval should be obtained from a manager for all travel of more than one day, along with an estimate of costs.
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TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
59 If an employee finds it necessary to incur reimbursable expenses on the City's behalf, it is preferred that employees first utilize their City credit card and then a personal credit card or other personal funds. Reimbursement may be obtained by filing all itemized receipts. Reimbursements for $100.00 or less will be made from petty cash.
Travel Advance
The City may also advance estimated travel expenses to employees if requested to minimize an employee's reimbursable out of pocket expenditures. Cash advanced for meals and general expenses when attending meetings, conventions, and similar group conferences shall not exceed two (2) days more than the length of the conference.
Lodging
Overnight stays will be authorized if an event requires an extraordinarily long workday or if the event occurs over multiple days and is more than fifty (50) miles from home or work.
A maximum of one-night stay for every day of the conference is allowed. The allowable hotel expense is the cost of the conference hotel or less, or the nearest "reasonable" accommodations.
Meals
The City follows IRS guidance to determine per diem meal reimbursement limits. The meal reimbursement schedule can be found on the U.S. General Services Administration (GSA) website at rates. Rates are updated on October 1 each year.
The City will pay only the actual cost of meals up to the GSA maximum published per diem meal reimbursement limit. Costs exceeding the limits will be borne by the employee.
Only itemized receipts for meals will be accepted/considered for reimbursement. Hotel bills itemizing room charges for meals are not considered itemized receipts. A separate receipt itemizing eligible food expenses is required.
It is expected that employees will use good judgment in the request for per diem meal reimbursement. The City will not reimburse for alcoholic beverages.
APPROVED AND NON-APPROVED EXPENSES WHILE ON TRAVEL STATUS Expenses not included here will be reimbursed at the discretion of the City Manager or authorized designee.
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TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
60 Approved for
Reimbursement
Not Approved for
Reimbursement
Discretionary Items
for Reimbursement
Registration
Lodging
Luxury or
unreasonable expenses:
Dry Cleaning
Reasonable Baggage
Charges
Transportation/Mileage Laundry
Airports/Shuttle Parking Entertainment
Meals In-Room Movies
Receipted Parking Fees Recreation
Official Phone Calls Clothing
Daily Internet Services Charge
Bridge Tolls
Hotel Parking
Alcoholic Beverages
Expenses for personal
extensions to the business
trip including vacation
days added to the trip
EXPENSE REPORT
An Expenditure/Expense Report must be submitted within thirty (30) days of return from authorized travel. Any balance of travel advance must be returned upon returning from travel.
The City Manager, or authorized designee may disallow any item of expense reimbursement if it appears improper, is not in compliance with this Policy, or is unsupported by appropriate documentation. The City Manager, or authorized designee will settle disputes related to expense and/or travel reimbursements and his/her decision is final, except that employees may exercise grievance rights as provided by an applicable employee agreement and/or the City Grievance Procedure Policy 2-29
TUITION REIMBURSEMENT
Section II: Employment and Legal Administration
61 POLICY
All regular full-time employees and full-time employees who are in their probationary period who undertake courses of study which will directly benefit their positions with the City may be reimbursed in whole or in part for textbooks, tuition, and any approved miscellaneous expenses upon completion of the term in which enrolled per fiscal year. Courses should be preapproved by Human Recourses as soon as possible following enrollment to ensure the Courses are eligible for reimbursement. Reimbursement shall be made at the rate of tuition charged at California State University Dominguez Hills for courses on the semester system.
Employees enrolled in a college or university course must achieve a grade of “C” or higher in order to be considered for reimbursement. A copy of transcripts demonstrating passing must be provided with the request for reimbursement.
A maximum of $230,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible full-time citywide employees will be reimbursed on a “first come, first served” basis. Once the budgeted amount has been exhausted within the fiscal year, there will be no other reimbursement considerations made. Any remaining allocated funds will not carry over to the following fiscal year. (Resolution No. 22:037) Additionally, all part-time employees who have three (3) or more years of employment with the City of Paramount who undertake courses of study which will directly benefit their positions with the City may be reimbursed in whole or in part for textbooks, tuition, and any approved miscellaneous expenses upon completion of the term in which enrolled per fiscal year.
Courses should be preapproved by Human Recourses as soon as possible following enrollment to ensure the Courses are eligible for reimbursement. The City may approve up to $1,000 per part-time employee for tuition and/or books. Employees enrolled in a college or university course must achieve a grade of “C” or higher in order to be considered for reimbursement. A copy of transcripts demonstrating passing must be provided with the request for reimbursement.
A maximum of $230,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible part-time citywide employees will be reimbursed on a “first come, first served” basis. Once the budgeted amount has been exhausted within the fiscal year, there will be no other reimbursement considerations made. Any remaining allocated funds will not carry over to the following fiscal year. (Resolution No. 24:022)re 2-30
EMPLOYEE BENEFITS
Section II: Employment and Legal Administration
62 POLICY
All regular full-time employees and full-time employees who are in their probationary period and their dependents will be covered under the City’s medical, dental, and vision insurance policies. All regular full-time employees and full-time employees who are in their probationary period will be covered under the City’s life and short-term and long- term disability insurance policies, in addition to many other benefits listed below. These benefits may be increased or decreased from time to time. The City reserves the right to change carriers and/or eliminate or reduce any type of coverage at its absolute discretion.
EMPLOYEE BENEFITS
Health Insurance
City will pay 85% of the premium cost for each employee’s own medical coverage, plus 85% of the cost of eligible dependent coverage, for plans provided through CalPERS.
Dependent coverage shall include spouses, children or legal ward, and domestic partners legally registered with the State of California. The City’s 85% contribution is inclusive of the minimum required employer contribution as determined by CalPERS each year pursuant to Government Code section 22892. The statutory minimum employer contribution is $158 per month in calendar year 2025.
All regular full-time employees and full-time employees who are in their probationary period who have comparable coverage through an alternative medical plan may elect to opt out of medical coverage and receive from the City a stipend of seven hundred and fifty dollars ($750) a month, provided that such employee certifies in writing that he or she is covered by another medical plan, names the plan, and specifies, in conformance with the facts, the means by which he or she receives the plan. (Resolution No. 22:037) In order to receive the opt-out payment, the employee must provide proof of enrollment in another group health insurance plan which provides minimum essential coverage. To be eligible, group coverage cannot be obtained through the individual market (whether or not obtained through Covered California) and must be obtained from a previous employer, spouse, registered domestic partner, parent, or due to military/veteran status. An employee must sign an attestation annually that the employee and each member of the employee’s tax family has or will have such minimum essential coverage for the opt-out period.
The City will reimburse those who expend a specific amount of out-of-pocket costs.
Employee must provide documentation from their insurance provider indicating that the out-of-pocket threshold has been met. Reimbursement will be provided accordingly:
• Family: $1,000 deductible - $800 (employee's share) = $200 (max. City's share) o City will reimburse employee for any expense over family's $800 deductible not to exceed a Reimbursement of $200.
• Self/Dependent: $500 individual deductible - $400 (employee's share) = $100 Section II: Employment and Legal Administration 2-29 EMPLOYEE BENEFITS 63 (max. City's share)
o City will reimburse employee for any expense over employee's $400 deductible not to exceed a Reimbursement of $100.
• Out-of-Pocket: $2,000 out-of-pocket (individual) - $1,400 (employee's share) = $600 (max. City's Share)
o City will reimburse employee for an out-of-pocket expense over employee's $1,400 not to exceed a reimbursement of $600.
Dental Insurance
City pays 100% of the premium cost for employee and dependent dental insurance plans.
The City offers both HMO and PPO dental plans.
Vision Insurance
City pays 100% of the premium cost for employee and dependent vision insurance plans. Once a fiscal year, employees are provided with $35 copay reimbursements for annual eye exams for the employee and each of his or her dependents to incentive wellness. Receipts must be submitted to Human Resources.
Life Insurance
City provides 100% employer-funded life and accident and dismemberment insurance in the amount of the employee’s annual salary on the last day of work prior to death, up to a maximum of $200,000. The City also offers employee-funded supplemental insurance at an additional cost.
Short-Term and Long-Term Disability
The City provides Short-Term and Long-Term disability insurance at full cost to the City.
Short-term disability benefits are payable up to 9 weeks. Long-term disability benefits are payable for the duration of the disability up to Social Security Normal Retirement Age (SSNRA).
Deferred Compensation Plan (457b)
Employees are eligible to participate in the deferred compensation plan offered by the City.
This option is available at the employee’s cost.
On a year-by-year basis the City Manager will review the City’s available funds and may propose a City Contribution match of any amount and of any duration for employees who participate in the City’s Deferred Compensation 457 (b) plan. (Resolution No.23.025) Retirement Benefits
All regular full-time employees and full-time employees who are in their probationary period shall be members of the California Public Employees' Retirement System (CalPERS). Employees who retire from the City prior to December 31, 2010 are entitled to 100% of the cost of their medical insurance premium. Employees who retire from the City after December 31, 2010 are entitled to 85% of the cost of their medical premium.
EMPLOYEE BENEFITS
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64 The City’s contribution is inclusive of the minimum required employer contribution as determined by CalPERS each year pursuant to Government Code section 22892. The statutory minimum employer contribution is $158 per month in calendar year 2025.
The cost sharing in this provision is for plans provided by CalPERS.
CalPERS retirement - 2% at 62 benefit formula for “New” CalPERS members, 2.5% at 55benefit formula for “Classic” CalPERS members covered under pre-2013 rules.
As a benefit, the CITY currently pays 1.0% toward the Classic employee’s contribution as Employer Paid Member Contributions (EPMC). This benefit is subject to change at the City Manager’s discretion.
Employee Assistance Program
The City sponsors 100% of the Employee Assistance Program offered to employees.
Vehicle Allowance
Directors, City Clerk, and the Assistant City Manager are provided with a $300 per month car allowance. Directors shall use their personal vehicles whenever possible in lieu of using a City vehicle.
COBRA Coverage
If a qualifying event arises, which is usually separation, full-time employees are eligible to purchase City health, dental, and vision plans at full cost for up to 18 or 36 months, in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Additional Benefits
• Credit Union membership to F&A Credit Union.
• Access to City-owned gyms
• Discounted recreational programs.
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CESSATION OF BENEFITS
Section II: Employment and Legal Administration
66 POLICY
An employee who has been absent from work for a period of unpaid leave exceeding 12 months shall not be eligible to participate in the City health, dental and vision group plan, unless he/she pays for such coverage under COBRA.
An employee who is on unpaid leave of absence must continue to pay the employee portion of the insurance premium during the unpaid leave of absence. Failure by the employee to make the employee portion of the insurance premium will result in a loss of benefits. City shall mail notices regarding insurance co-payments, re-payments and cessation of payments to an employee’s home. Failure of City to provide such notices shall not be the basis of a grievance nor relieve the employee from his or her obligation to pay his or her portion of the insurance premium or COBRA payments. 2-32
WORK FROM HOME
Section II: Employment and Legal Administration
67 POLICY
To the extent possible and under limited circumstances, the City will permit employees to work-from-home (“telecommute”) on a case-by-case basis. Baby bonding is an eligible use for telecommuting. Directors will work with the employee requesting to telecommute to determine feasibility. Final review and determination will be made by the City Manager.
Telecommuting may only be practical for some appropriate positions, as it is not suitable for all City jobs.
Working from home inherently changes the workplace dynamic for employees. However, employees are expected to continue to adhere to all the department guidelines.
Employees with questions about the application of a policy or procedure should contact their supervisor for additional information. Employees may submit a request to telecommute to Human Resources in writing.
Job Responsibilities & Regular Communication
While telecommuting, to the extent possible, employees should be performing the full range of their normal job duties, unless assigned other duties, within reason. Employees and supervisors should maintain communication throughout the workday, through email, by phone, video chat, or other means. Managers and supervisors will be expected to establish and communicate work expectations of employees working remotely, including setting work priorities, deadlines, and reviewing work assignments. Directors may require periodic check-ins or mandate phone or email response times to ensure a productive telecommute program. Alternative assignments may also be considered, such as on-line training and administrative tasks such as data entry.
Work Schedules and Time Worked
Generally, work hours will remain the same. In some cases, employees’ work hours will be different and will be clearly communicated in advance.
Overtime must be approved by the Department Director in advance. Employees who are not exempt from overtime requirements under the Fair Labor Standards Act (FLSA) will be required to accurately record all hours worked.
In the event on-site attendance is required, supervisors will notify the employee, in advance, when on-site attendance is necessary.
Equipment and Tech Support
The City will make every effort to issue City devices to the extent possible; however, in most cases, City-issued devices may not be available. In certain circumstances, employees may be required to use their personal phones, computers, or other equipment.
When using personal devices for telecommuting, employees shall keep work product and data confidential. Pursuant to State law, City business conducted on personal devices is subject to the California Public Records Act.
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WORK FROM HOME
Section II: Employment and Legal Administration
68 The City accepts no responsibility for damage or repairs to employee-owned equipment and reserves the right to make determinations as to appropriate equipment, subject to change at any time. Equipment supplied by the City is to be used for business purposes only. All the City-owned equipment issued to an employee must be returned immediately at the conclusion of the telecommuting arrangement.
The City will provide employees with appropriate office supplies (pens, paper, etc.) as deemed necessary and may reimburse the employee for pre-approved business-related expenses that are necessary and reasonably incurred to carry out the employee’s job.
Telecommuting employees will establish an appropriate work environment within his or her home for work purposes and provide the necessary workspace, such as desk, tabletop, or other location that provides optimal work productivity. Given the temporary nature of this program, employees are not expected to purchase furniture or equipment to arrange a home workspace.
Employees should seek advice from a tax advisor if they have questions concerning tax implications of working from home. The City is not responsible for substantiating any employee’s claim of tax deductions for operation of a home office used to perform work.
Security
Consistent with the City’s expectations of information security (cybersecurity) for employees working at the office, telecommuting employees are expected to ensure the protection of the City information accessible from their home office. Necessary security steps include appropriate network security measures, regular password maintenance, and any other measures appropriate for the job and the environment.
For critical cybersecurity reasons, remote access to servers and network drives may be accessed only on City-issued devices. The City will not grant remote access on personal devices. Remote access to email will be allowed.
Safety
Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties may be covered by Workers’ Compensation. Telecommuting employees are responsible for notifying their supervisor of such injuries as soon as practicable. The City assumes no liability for injuries that occur outside the performance of the employee’s duties and/or outside the employee’s scheduled telecommuting hours.
Employees are prohibited from having face-to-face meetings regarding City business in their homes. Rather, employees shall opt to use video or phone conferencing to maintain social distancing guidelines and personal protection. The City will not be liable for any injuries sustained by visitors to an employee’s home worksite. 2-33
BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
69 PURPOSE
The City is a community with a significant Spanish speaking population. It is common for City employees to encounter situations in the work place that require the need to communicate in Spanish. Moreover, the City is required by State law to provide bilingual information to the public when dealing with certain governmental activities. To compensate employees for utilizing their bilingual skills for business-related needs, bilingual employees shall qualify for Bilingual Skill Pay.
POLICY
City employees may be considered to receive Bilingual Skill Pay, subject to verification standards established in this Policy. Requests for Bilingual Skill Pay must be approved and submitted to the Human Resources Department by the Department Director, or designee. Spanish is currently the only eligible language for Bilingual Skill Pay. Additional languages and eligible Position Classifications may be added at the City Manger’s discretion.
The following Bilingual Skill Pay Tiers and qualifications are established:
Tier I Bilingual Skill Pay
All full-time City employees and select part-time Position Classifications are eligible to qualify for Tier I Bilingual Skill Pay. Tier I is intended to compensate bilingual employees whose responsibilities do not require regular or significant interactions with the public during the course of duty. The City shall pay $35 per month as Tier I Bilingual Skill Pay to City employees who meet the following qualifications and requirements:
• The employee must speak and understand a secondary language such as Spanish, or any other language approved by the City.
• Interactions with the public during the course of duty are irregular and may not be required as part of the job duties.
• Verification by the employee’s supervisor is required. Additional verification may be requested by Human Resources.
• A proficiency exam is not required.
• The following full-time Positions are eligible for Tier I Bilingual Skill Pay:
➢ Maintenance Worker
➢ Warehouse Attendant
➢ Senior Maintenance
Worker
➢ Financial Services Manager
➢
➢ Payroll Technician
➢ Information
Technology
Analyst
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BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
70 ➢ Senior Accountant
➢ Human Resources Manager
➢
2-33
BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
71 ➢ Information Technology
Manager
➢ Management Analyst
➢ Associate Planner
➢ Management Analyst II
➢ Public Works Operations
Manager
➢ Human Resources Manager
➢ City Clerk
• Select part-time employees may qualify to receive Tier I Bilingual Skill Pay after 6 months of employment with the City, and must maintain an average of 80 hours per month to qualify. The City may discontinue Bilingual Skill Pay if an employee drops below 80 hours per month. The following part-time positions are eligible for Tier I Bilingual Skill Pay:
➢ Water Operator Aide
➢ Code Enforcement Officer
➢ Finance Assistant
➢ Recreation Assistant
➢ Public Safetyervice Assistant
➢ Executive Aide
➢ Communications Specialist
➢ Recreation Coordinator
➢ Office Assistant I
➢ Administrative Intern
➢ Planning Intern
➢ Building Permit Technician
➢
➢ STAR Program Assistant
➢ STAR Program Coordinator
➢ Planning Intern
➢ Communications Assistant
➢ Building Permit Technician
➢ Finance Aide
➢ Human Resources Assistant
➢ Public Safety Specialist
Tier II Bilingual Skill Pay
Tier II Bilingual Skill Pay is available to select qualifying City employees based on Position Classification and job responsibilities. Tier II is intended to compensate select full-time bilingual employees whose responsibilities require regular interactions with the public during the course of duty. The City shall pay $75 per month as Bilingual Skill Pay to City employees of select Position Classifications who meet the following qualifications and requirements:
• The employee must speak and understand a secondary language such as Spanish, or any other language approved by the City.
• Employee’s job responsibilities require regular interactions with the public during the course of duty.
• Verification by the employee’s supervisor is required. Additional verification may be requested by Human Resources.
BILINGUAL SKILL PAY
2-30
72 • A proficiency exam is not required.
• The following full-time Positions are eligible to qualify for Tier II Bilingual Skill Pay:
➢ Water Operator
➢ Senior Water Operator
➢ Water Supervisor
➢ Water Superintendent
➢ Maintenance Supervisor
➢ Office Assistant II
➢ Administrative Assistant
➢
➢Executive Assistant Parking
Control Officer
➢ Senior Water Operator
➢ Public Works Manager
➢ Building and Safety Manager
➢ Maintenance Supervisor
➢ Building and Safety Inspector
➢ Assistant Planner
➢ Associate Planner
➢ Building and Permit Technician
➢ Parking Control Officer Water
Superintendent
➢
➢ Community Services Officer
➢ CSO Supervisor
➢ Code Enforcement Officer
➢ Code Enforcement Officer
SupervisorAdministrative Assistant
➢ Finance Technicianan
➢ Community Services Specialist
➢ Community Services Officer
➢ Code Enforcement Officer
➢ Executive Assistant
➢ Senior Code Enforcement Officer
➢ Finance Supervisor
➢ Finance Supervisor
➢ Community Services Supervisor
➢ Senior Services Program Supervisor
➢ Community Services Manager
➢ Management Analyst
➢ Senior Management Analyst
➢ Communications & Engagement Mgr
➢ Project/Program Manager
➢ Community Services Supervisor
➢ Water Superintendent
➢ Public Information Officer
➢ Water Supervisor
➢ Assistant Directors
➢ Deputy City Clerk
➢ City Clerk
➢ Directors
➢ Assistant City Manager
Senior Services Program Supervisor
Tier III Bilingual Skill Pay
Tier III Bilingual Skill Pay will only be available for up to one (1) designated employee in each department based on advanced proficiency and job responsibilities, approved by the City Manager. Tier III is intended to compensate select full-time bilingual employees whose job responsibilities require frequent and significant interactions with the public during the course of duty, including verbal and/or written translation duties. The City shall pay $150 per month for Tier III Bilingual Skill Pay to select City employees who meet the following qualifications and requirements:
➢ Employees must be proficient in reading, writing, speaking, and understanding a secondary language such as Spanish, or any other language approved by the City.
Section II: Employment and Legal Administration 2-33 BILINGUAL SKILL PAY 73 ➢ Employee’s job responsibilities require frequent and significant interactions with the public during the course of duty.
➢ Only one (1) employee per Department may receive Tier III Bilingual Skill Pay.
Requests for Tier III Bilingual Skill Pay must be submitted to Human Resources by the Department Director or designee and approved by the City ➢ Manager.
➢ Employees who received Tier III Bilingual Skill Pay may be required to respond to requests for verbal and/or written translation duties from other Departments, with permission by the employee’s Department Director or designee. ➢ The employee is required to pass a proficiency exam administered by Human Resources to qualify.
➢ (Resolution No. 22:011)
2-33
BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
74 Tier III Bilingual Skill Pay
Tier III Bilingual Skill Pay will only be available for up to one (1) designated employee in each department based on advanced proficiency and job responsibilities, approved by the City Manager. Tier III is intended to compensate select full-time bilingual employees whose job responsibilities require frequent and significant interactions with the public during the course of duty, including verbal and/or written translation duties. The City shall pay $150 per month for Tier III Bilingual Skill Pay to select City employees who meet the following qualifications and requirements:
• Employees must be proficient in reading, writing, speaking, and understanding a secondary language such as Spanish, or any other language approved by the City. • Employee’s job responsibilities require frequent and significant interactions with the public during the course of duty.
• Only one (1) employee per Department may receive Tier III Bilingual Skill Pay.
Requests for Tier III Bilingual Skill Pay must be submitted to Human Resources by the Department Director or designee and approved by the City Manager. • Employees who received Tier III Bilingual Skill Pay may be required to respond to requests for verbal and/or written translation duties from other Departments, with permission by the employee’s Department Director or designee. • The employee is required to pass a proficiency exam administered by Human Resources to qualify.
(Resolution No. 22:011)
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CELLPHONE STIPEND FOR BUSINESS USE
Section II: Employment and Legal Administration
75 PURPOSE
Cellular phone devices and reimbursements are issued to designated City employees for the purpose of enabling effective and efficient business communication. Designated City employees are expected to utilize cellphones to remain productive and carry-out key duties of their position.
POLICY
The City Manager, or designee, will approve all requests to participate in the Program. All aspects of this Program are subject to provisions outlined in the City Technology, Equipment, and Resource Section of this Personnel Manual. Employees will not use their cellular devices while driving a City vehicle or privately owned vehicle when conducting City business.
Employees who participate in this program shall be required to respond to business related calls and messages within a reasonable timeframe as determined by their supervisor.
To be eligible for the Program, employees must meet one or more of the following criteria:
• Functional responsibilities of the position require cellphone communications for City-related business needs on a regular basis.
• Position responsibilities require immediate communications after regular business hours, on weekends, and on holidays.
• Position responsibilities require support for services on a 24-hour, 7-day basis including emergency responses.
Monthly Stipend for Use of Personal Device
Eligible employees will receive a monthly stipend of $50 for the use of a personal cellphone device and data plan for City business. To compensate executive staff for additional data devices required as part of their roles in and out of the office, Assistant Directors, Directors and City Clerk shall receive an additional $25 per month ($75 per month in total) towards supplemental data plans or devices (i.e. personal hotspot, upgraded data plans, etc.) Requests for a monthly stipend must be submitted by the Department Director, or designee, to Human Resources, and approved by the City Manager or designee. All requests for a stipend will need to be accompanied by the employee’s most recent cellphone billing statement prior to approval.
City business conducted on personal devices and accounts are subject to California EDiscovery laws and/or deemed as electronic public records subject to inspection and copying under the California Public Records Act (PRA).
CELL PHONE STIPEND FOR BUSINESS USE
2-34
76 Department-Issued Device
Departments may be assigned a specific-number of devices based on operational need to be used for departmental business, upon approval by the City Manager or designee. The number of devices and those positions that are assigned the devices are subject to approval by the City Manager or designee. Any employee who receives a departmentissued device shall not use the device in any manner for personal use, including calls, texts, or data use. Any personal use will be reimbursed to the City as determined by the City Manager or designee. A City-Issued Device Form must be signed by the employee and on-file with the Human resources Department.
(Resolution No. 22:011)
RECRUITMENT INCENTIVE PROGRAM
2-35
59 Hiring Bonuses for Part-Time Recruitments
The hiring bonus incentive program for part-time employees will be a non-base salary cash payment intended to make the hiring offer market-competitive and to assist in securing the candidate’s acceptance of the offer. The Programs will be reassessed each Fiscal Year to take into account available budget and labor market trends.
A. Eligibility
To be eligible for a hiring bonus, a candidate for a part-time position must meet all the following eligibility conditions. Eligibility is restricted to:
1. Qualified external candidates who are offered employment for the benefit of the City.
2. Candidates who are not currently employed by the City, and who have not been employed by the City during the 12 month period preceding the proposed rehire date.
3. Candidates for positions regarded by the City Manager as being difficult to fill despite extensive recruiting efforts (e.g., labor market shortages, aggressive growth in compensation levels for particular positions).
B. Bonus Amounts
If the candidate meets the eligibility criteria, the hiring bonus amounts should be determined based on the difficulty in filling the position after prolonged and extensive recruitment efforts to attract market-competitive candidates.
The total hiring bonus amount cannot exceed a maximum of $500 for general funded part-time employees.
For grant-funded and other positions using restricted funds (i.e. STAR), hiring bonus amount cannot exceed limits established by grant guidelines or law.
C. Payment Provisions
Granting of a hiring bonus is at the sole discretion of the City Manager. Any hiring bonus amount granted along with payment provisions shall be detailed in the candidate’s offer letter.
The hiring bonus payments are payable in a lump sum payment after a period of three (3) to six (6) months of employment, determined by the City Manager at the start of the recruitment. If a recipient separates from City prior to the period determined by the City Manager, the payment will be forfeited.
D. Funding Sources
Hiring bonus payments, if approved, are funded by the City and are subject to the availability of funds.
RECRUITMENT INCENTIVE PROGRAM
2-34
60 E. Tax Treatment and Reporting
Under Internal Revenue Service Regulations, payment of a hiring bonus must be included in the employee’s income as wages subject to withholding in the year paid for federal and state income taxes and applicable FICA taxes. The payment is reportable on the employee’s Form W-2 in the year paid. (Resolution No. 21:027)
POLICY
Employees who reach the following years of full-time service with the City will receive the following lump sum Anniversary Achievement Award in the pay period in which their anniversary date falls:
5 years: $500
10 years: $1,000
15 years: $1,500
20 years: $2,000
25 years: $2,500
30 years: $3,000
Employees shall only receive this Anniversary Achievement Award lump sum in the year in which these anniversaries fall. For example, an employee with 12 years of full time service with the City in July 2022 will not receive a bonus until July 2025 when they reach 15 years of service.
Employees who have more than 30 years of service as of April 1, 2022 and who did not receive the 30-year Anniversary Achievement Award, shall receive a $3,000 Anniversary Achievement Award lump sum payment at the time of their retirement from the City.
Part-Time Employees
Employees who reach the following years of part-time service with the City will receive the following Anniversary Achievement Award in the form of a gift card:
5 years: $50
10 years $100
15 years: $150
20 years: $200
25 years: $250
30 years: $300
Part-time employees who reach a milestone anniversary will receive their Anniversary Achievement Award in the year in which these anniversaries fall. (Resolution No. 22:037)
Section II: Employment and Legal Administration 2-36 ANNIVERSARY ACHIEVEMENT AWARD PROGRAM 68 SECTION III:
EMPLOYEE CONDUCT
#
Section III: Employee Conduct
BUSINESS ETHICS
3-1
69 POLICY
The City of Paramount conducts business in conformity with ethical standards. Not only must employees refrain from acting on behalf of the City in a manner that violates laws or regulations, employees must adhere to ethical standards in the conduct of business.
Employees may not engage in activity that results in a conflict of interest with the City or that reflects unfavorably on its integrity. Certain management employees are also subject to the City's Conflict of interest Code disclosure requirements.
Employees violating these standards are subject to disciplinary action, up to and including termination. Any action found to be violation of City policy will result discipline, up to and including termination.
The reputation and good name of the City depends upon the honesty and integrity of each employee. Ethics can be interpreted as one’s actions when nobody is looking. It is important that employees use good judgment in the performance of their duties and responsibilities. Employees are encouraged to share their work-related concerns, seek information, provide input, and resolve work-related problems/issues through their immediate supervisor, and as appropriate, consult with any member of management toward those ends. The City's objective is to listen to employee concerns, to encourage employee input, and to seek resolution to work-related concerns, problems, and issues.
The following list provides guidelines for ethical conduct that City employees are expected to practice.
• Employees should refrain from potential or actual wrongdoing, acts of dishonesty, and avoid any act that appear unlawful, or to make or omit unlawfully any entry on the City's records or reports, or to suppress or hide any information in violation of policy or the law, or to disclose information in violation of policy or the law. It is that employee's duty to bring the matter to the attention of his/her supervisor, Director, and/or the City Manager, or authorized designee. An employee who reports issues of this nature will not be retaliated against.
• Treat coworkers with courtesy, honesty, respect and understanding. Job-related problems should be discussed clearly, objectively, and without blame; and differences resolved fairly, professionally and promptly. Confidential matters pertaining to employees will be respected.
• Observe the highest standards of ethical conduct in all relationships with other agencies and the public. It is prohibited to make disparaging statements, take any unfair actions, or participate in any activity intended to damage the City, other agencies or the public.
• Adhere to all City financial policies and procedures, including documenting use of City funds accurately and completely. No payments will be made with the understanding that any part is to be used for any purpose other than that described by the records supporting the payment.
Section III: Employee Conduct
BUSINESS ETHICS
3-1
70 • Acceptance of gifts or cash equivalents from any person or entity doing business with the City is never permissible if the amount exceeds the limits established by the Fair Political Practices Commission. Gifts, favors and entertainment may be given to others at the City's expense only if they are consistent with accepted business practices and are of such limited value that they cannot be considered as a bribe or pay-off.
• Safeguard confidential information obtained during employment. In the course of work, employees may have access to confidential information regarding the City, members of the public, elected officials or fellow employees. It is the employee’s responsibility to protect and in no way reveal any such information, including to any media, unless it is necessary for the employee to do so in the performance of duties or required by law.
• Avoid situations that create an actual or potential conflict between the employee's personal interests and the interests of the City. A conflict of interest exists when the employee's loyalties or actions are divided between the City's interests and those of another, such as a political figure or vendor/supplier. Both the fact and the appearance of a conflict of interest should be avoided. • During working hours, devote attention and energies to the job. Regular full-time employees may not hold another paid job without approval from the City Manager, or authorized designee. The City Manager, or authorized designee may provide written approval of the outside employment, either upon hire by the City or when an employee requests review of outside employment so long as the outside job will not interfere with the employee providing satisfactory performance of his/her job responsibilities for the City. Outside employment may present a conflict of interest and be prohibited if it has an actual or potential adverse impact on the City. If the outside employment is authorized, the City assumes no responsibility for it. The City will not provide workers' compensation coverage or any other benefit for injuries occurring from or arising out of outside employment. Authorization to engage in outside employment can be revoked at any time.
Section III: Employee Conduct
DRUG FREE WORKPLACE
3-2
71 POLICY
The City is committed to protecting the safety, health and wellbeing of those receiving City services, all employees and other individuals in our workplace. The City recognizes that alcohol and drug abuse pose a significant threat to these goals. The City has established a program that balances its respect for individuals with the need to maintain an environment free of alcohol and drug abuse.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of the City's managers and employees. To that end, the City will act to mitigate the impact of an employee's abuse of any substance (alcohol, illegal drugs, prescription drugs, or any other controlled substance, as defined by the Controlled Substances Act) that could impair the employee's ability to safely and effectively perform the functions of an employee's job, or which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City's reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination. Whenever possible, the City will give preference to rehabilitation over discipline when responding to an employee's substance abuse.
Applicability
The City’s drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the City. Therefore, this policy applies to employees during their regular working hours, whenever an employee is conducting business or representing the City, when an employee is on call or on paid standby, or when an employee is on City property. Our policy covers, but is not limited to managers, supervisors, regular full-time employees, regular part-time employees whether on or offsite, and contractors Prohibited Behavior
The transfer, sale, manufacture, or use of alcohol or other drugs, legal or illegal, is prohibited while on City premises or during work hours or breaks. The possession of illegal drugs is also prohibited while on City premises or during work hours or breaks. This includes all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana, and all other controlled substances. Additionally, the unlawful manufacture of a controlled substance is prohibited in the workplace.
If an employee is convicted of criminal drug activity, the employee must notify the City Manager, or designee, of the conviction in writing within five (5) calendar days after the conviction.
City employees are also prohibited from being under the influence, or having a detectable level, of alcohol or controlled substances in their systems during working hours (including Section III: Employee Conduct
DRUG FREE WORKPLACE
3-2
72 lunch hours and breaks), while on City premises at any time, and/or while driving a City vehicle at any time.
Although use of marijuana is now legal in California, the City may still prohibit employees from working under the influence of marijuana. A positive test for marijuana will be treated no differently than a positive test for any other prohibited drug and/or alcohol.
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to notify his/her supervisor. An employee is not required to disclose the nature of his/her medical condition, or to identify the medication he/she is taking, but must clearly indicate effects, such as impaired alertness, balance impairment, warnings about operation of machinery, etc. Failure of an employee to notify a supervisor of his/her use of any medication that may interfere with his/her work performance may result in discipline, up to and including termination.
Procedure
When an employee’s supervisor and a second employee or supervisor have reasonable suspicion to believe an employee may be under the influence of alcohol or a controlled substance, that employee may be given a medical evaluation by a City-designated medical clinic on City time and at City expense. This medical evaluation will be conducted to determine if alcohol or drugs are in the employee’s system.
Reasonable suspicion may be justified by one or a combination of the following indicators:
• Bloodshot or watery eyes
• Slurred speech
• Alcohol on the breath
• Physical and/or verbal altercation
• Inability to walk a straight line
• An accident involving City property
• Possession of drugs or alcohol
• Frequent absenteeism
• Confusion/difficulty in concentration
• Noticeable change in behavior
Section III: Employee Conduct
DRUG FREE WORKPLACE
3-2
73 The following steps establish a procedure to facilitate the medical evaluation process:
1. The Department Head will meet with the City Manager, or designee, to discuss the employee’s behavior. At that time, it will be determined if the employee should be tested for drugs. The City Manager, or designee, will arrange for an immediate appointment with a medical facility to conduct the test, unless the employee admits to being under the influence of alcohol or controlled substance.
An employee’s refusal to submit immediately to an alcohol or drug analysis when requested by management may constitute insubordination, and may be grounds for disciplinary action up to, and including, dismissal. All employees are required to consent to controlled substance and alcohol testing and/or inspection pursuant to this policy as a condition of continued employment.
2. The City will immediately provide transportation for the employee to the medical facility and wait for the tests to be completed. The type of testing required will be determined by the physician.
3. After being tested, the employee will be transported home, or in appropriate situations, to the hospital. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results show the presence of alcohol or drugs. Information obtained through this testing will be treated with strict confidentiality.
4. If alcohol or drugs are found in the employee’s test, the City Manager, or designee, shall meet with the employee and explain the proposed disciplinary action.
Documentation
Records relating to job performance, attendance, and behavior shall be maintained in the employee’s personnel file. All tests shall be maintained, along with the employee’s medical records, in a confidential medical file separate from the personnel records.
Follow-up
If the employee’s drug test results are confirmed positive the City Manager, or designee will determine the most suitable disciplinary action. Should the results of the alcohol or drug test be negative, the employee may return to the workplace and perform regular job duties.
Section III: Employee Conduct
SMOKING
3-3
74 POLICY
For health, safety, and business considerations, employees are discouraged from smoking. This includes electronic cigarettes and personal vaporizing devices ("vape pens"). Secondhand smoke can be harmful to nonsmokers as well as smokers. Smoking is not permitted in City buildings, vehicles, or in the presence of City's customers.
Employees who wish to smoke may do so on designated breaks outside and in accordance with California state law. Smoking is prohibited within 20 feet of main entrances, exits, operable windows, or ventilation system intakes.
Section III: Employee Conduct
WORKPLACE SECURITY, SAFETY, AND VIOLENCE IN THE WORKPLACE 3-4
75 POLICY
To provide a safe and healthful work environment for employees, visitors, and the general public, the City has established a workplace safety program. All employees are responsible for the safety of themselves as well as others in the workplace and this depends on the alertness and personal commitment of all. This program is a top priority for the City and is defined in the City Injury and Illness Prevention (IIPP) Plan. The IIPP Plan is available for review by all employees in their assigned departments as well as in Human Resources.
Violence in the Workplace
The City has a zero-tolerance policy for acts of violence and threats of violence in the workplace.
Threatening or intimidating behavior, threats, or acts of violence will not be tolerated and may be grounds for termination, arrest and prosecution, and/or civil action. Any individual who engages in threatening behavior or violent acts (or who makes comments about inflicting self-harm or harming others, even if in jest) while on City property will be removed from the premises and may not return until the incident is fully investigated. The City reserves the right to have any such incident assessed by a professional who specializes in threat assessment.
Threats to, or intimidation of, employees in the workplace by individuals outside the City are also not tolerated and must be reported to the City Manager, or authorized designee immediately. Alternatively, reports can be made to the City Attorney. This may include acts of domestic violence and threats of harm from customers or vendors toward employees or City property.
Possession of a weapon on City premises and/or at City-sponsored events will constitute a threat of violence.
If an employee is a witness to or receives a threat or learns that another person has witnessed or received a threat, he/she must notify their supervisor or the Department Head immediately. Reports must be made of all incidents no matter who was involved or their relationship to each other.
Employees should immediately notify management when unknown persons are acting in a suspicious manner in or around the workplace.
The City Manager or authorized designee will respond to and conduct any necessary investigation of any potential threats of violence.
Specific procedures regarding violence in the workplace will be documented through the Injury and Illness Prevention Program, in accordance with Cal OSHA requirements.
Section III: Employee Conduct
VECHILE USE/DRIVING ON CITY BUSINESS
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76 POLICY
The purpose of this policy is to define the responsibilities and rules for the use of City vehicles and equipment, and privately-owned vehicles used for City business. This policy applies to managers, employees, and other authorized individuals as specified in this policy. This policy will take the place of all previous City vehicle policies except for additional Department specific written guidelines that are more restrictive than this policy.
Employees must sign the Vehicle Usage Policy upon hire.
The policy provisions apply to all vehicle operators driving in the course of Agency business. Note: Commercial motor vehicle operators have additional licensing requirements that extend beyond the provisions of this policy and are not intended to be addressed herein.
City Business Use Only
City owned vehicles will be driven only by appropriately licensed and authorized City employees. Authorization must be by the appropriate Department Head.
City vehicles must be used for official City business only. No person other than a City employee or authorized person, as described in this section, will be allowed to operate any City vehicle.
No person will be permitted to ride in a City vehicle unless such person is an employee or is a passenger authorized to be in said vehicle by the Department Head.
Driver's License
The City will require DMV driver's license checks for new employees that are required to drive as part of their duties with the City.
The Human Resources Department is responsible for verifying that all employees who drive on City Business have a valid California driver's license. This departmental obligation does not diminish the employee's obligations pursuant to this policy.
Insurance Requirements
Employees are required to maintain personal liability insurance coverage when operating City vehicles.
Employees who drive a privately-owned vehicle on City business must maintain automobile insurance that complies with the State of California minimum requirements for bodily injury and property damage. Employees using their privately owned vehicles for City business shall maintain insurance coverage in an amount not less than $15,000 per person/$30,000 per occurrence and property damage coverage in an amount not less than $5,000 per occurrence.
Section III: Employee Conduct 3-5 VEHICLE USE/DRIVING ON CITY BUSINESS 77 If an employee is involved in an accident in a privately-owned vehicle, even though conducting authorized City business, the employee's automobile insurance is primary to any other coverage pursuant to the California Vehicle Code.
Section III: Employee Conduct
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78 Driving Records
The Human Resources Department will maintain accurate records of employees who are required by Department of Transportation (DOT) regulations to have a commercial driver's license. At a minimum, the record will include a copy of the employee's current DOT identification card, and a copy of the most recent DMV driver record information.
City employees operating vehicles or equipment on City business must have a valid State of California Driver's License at the appropriate level and with any necessary special endorsements. For the purpose of this policy section, "valid" means a current California Driver's License without restrictions, suspensions, or any other non-validating activity.
The City participates in the Department of Motor Vehicles (DMV) pull notice program through Embark, in accordance with DMV program rules. Human Resources receives pull notices for all employees with a driver’s license as allowed for under the California DMV pull notice program.
Responsible Driving
Each City driver/operator must drive responsibly, anticipate emergency situations and make every effort to avoid accidents. All employees operating a vehicle on City business represent the City and will always project a professional and responsible image to the public.
City drivers are expected to be knowledgeable of and follow all applicable Federal, State, and local traffic laws.
Drivers must be familiar with the manner of operation of vehicles that they operate on City business. If drivers are unsure of the operation of their vehicle, they should check the owner's manual in the glove box of the car or contact their supervisor or manager for assistance.
Drivers must remain attentive to driving at all times. Use of cellular phones, eating or drinking, dealing with passengers or other distractions while the vehicle is moving should be avoided. Whenever possible, drivers should pull off the road and stop when having to deal with distractions in the vehicle.
It is the responsibility of the driver of City owned vehicles, or privately-owned vehicles while being used for City business, to exercise reasonable care to avoid impediments or obstructions in the path of the vehicle that may cause damage to the vehicle, other vehicles or property, or injury to drivers, passengers, and pedestrians. As such, any employee discovered (after internal or third-party investigation) not to be exercising reasonable care (e.g., convicted of a violation, running a red light, etc.) of a City vehicle, will be subject to disciplinary actions up to and including termination.
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79 Seat Belt Usage
The driver and all passengers in a City vehicle or in a private vehicle being used on City business must use seat belts.
Suspended, Revoked or Restricted Driver's License
City employees who are required to have a valid California driver's license to operate vehicles or equipment on City business must inform their supervisor, at the latest, before his or her next scheduled shift in the event their driver's license is suspended, revoked, or is otherwise restricted in a way that impacts the employee's ability to perform their job.
Failure to inform a supervisor or other City management staff member may result in disciplinary actions pursuant to the City's policies and guidelines.
Privately Owned Vehicles
Employees using privately owned vehicles on City Business are subject to all subsections of this policy. The use of privately owned vehicles for City Business must have prior approval by the City Manager or a Department Head.
Department managers are responsible for determining when it is most advantageous to the City for an employee to use a privately-owned vehicle on City business. Factors to be considered include: availability of City vehicles, cost of a City vehicle versus mileage reimbursement, the appropriateness of the vehicle for the required use and best use of employees' time and operational efficiency. Those who receive car allowances must use their personal vehicle, unless circumstances warrant otherwise.
Reimbursement Claims
When City employees use a privately-owned vehicle on City business they will be reimbursed at the rate provided by the mileage reimbursement rates determined by the IRS.
Reimbursement will be based on the mileage from the point (either employee's home or City office) from which the employee leaves for the reimbursable event, whichever amount is less. Claims for mileage reimbursement must be submitted on City claim forms and processed in accordance with the City's procedures, pursuant to section II Travel and Other Expense Reimbursement.
Claims for mileage reimbursement must be submitted on City claim forms and processed in accordance with the City's procedures, pursuant to section II Travel and Other Expense Reimbursement.
Motorcycles
No employee will operate a motorcycle on City business without specific authorization of the Department Head.
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80 Bicycles
Employees are permitted to use a City-issued bicycle for City business only and when given prior approval from a supervisor. A helmet must be worn at all times while riding a bicycle.
Cell Phone Usage While Driving or While Operating a Vehicle or Bicycle City employees will follow the applicable law, which includes not operating a private vehicle on City business or a City vehicle, at any time, while using a wireless telephone or an electronic wireless communications device, unless if equipped with a hands-free device, meeting code requirements. (Vehicle Code, Division 11, Chapter 12, Article 1, §23100 – 23135.)
Smoking
Smoking is prohibited in all vehicles owned, leased, or operated by the City.
Alcohol Drugs and Other Intoxicants
Consumption of alcohol, drugs or other intoxicants while operating City vehicles or equipment or while operating a privately-owned vehicle on City business is strictly prohibited.
Dangerous or Defective Vehicle
Any City owned vehicle, or privately-owned vehicle while being used for City business, must not be operated when in a known dangerous or defective condition.
Reporting an Unsafe Vehicle
When a City vehicle is found to be in a dangerous or defective condition, it must be reported to a supervisor or the Public Works Department as soon as possible.
Traffic Citations
Any employee who receives a traffic citation while operating a City owned vehicle, or while operating a privately-owned vehicle on City business, must report such citation to his/her supervisor.
VEHICLE ACCIDENTS OR DAMAGE
Accidental Damage Reporting
All accidents and vehicle and property damage in a City vehicle or piece of equipment or a privately• owned vehicle being used on City business, regardless of severity, must be Section III: Employee Conduct
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81 reported immediately to the employee's supervisor, and, as required by law or City policy, to the appropriate law enforcement agency. Employees involved in an accident that requires notification to a law enforcement agency must request an official accident report from the responding officer. Any incidents involving a City vehicle requiring towing services must be reported immediately and an incident report submitted.
Employees involved in any accident, no matter how minor, in a City owned vehicle or a privately-owned vehicle being used on City business or on a work site or property owned, leased, or under the control of the City, will make a complete report of such accident to their supervisor within one business day.
Accident Reporting Kits
Accident reports will contain information on other vehicles, drivers, property involved, witnesses, weather conditions, road conditions, and any other pertinent information regarding such accident. Accident reporting kits are in the glove compartment of all City vehicles or may be obtained from an employee's supervisor. Accident reporting kits instruct those involved in accidents on what to do when in an accident. Employees must follow these instructions.
Take Home Vehicles
Take home vehicle assignments are at the discretion of the Department Head and are to be limited to those staff engaged in immediate, first line, emergency response for critical services or when a take home vehicle assignment results in an economy and/or efficiency that is in the best interest of the City.
Intermittent Take Home Vehicle
The Department Head on a case-by-case basis will approve intermittent take home vehicle assignments. Intermittent take home vehicle assignment is the overnight usage of a City vehicle on an intermittent or other than normal basis.
Global Positioning System (GPS)
City vehicles and equipment may be equipped with Global Positioning System Software (GPS). This equipment notifies the City of maintenance needs related to the City's vehicles and equipment, helps to retain location information to respond to customer concerns and inquiries, assists in dispatch of City vehicles, and provides safety by allowing location identification for employees on a solo response or after hours.
Section III: Employee Conduct
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82 POLICY
The intent of Section is to prevent inappropriate use of the City’s technology equipment that may expose the City to risks and viral attacks, or compromise of network systems and services and to guide the appropriate use of the City’s electronic messaging accounts and City-issued Technology, Equipment, and Resources including, but not limited to, desktop, laptop, notebook computer systems, networks, software, internal and external e-mail, the Internet as well as communications-related tools and other electronic media such as tablets, smart phones, cell phones, pagers, fax machines, copiers, voicemail, and any electronic device purchased by the City, but not listed (collectively referred to hereafter as “Technology, Equipment, and Resources”). This Section also covers personally-owned devices used in the course of employment with the City, including tablets, laptops, and smart phones. Employees are to ensure the City’s Technology, Equipment, and Resources are secure and reliable while enhancing the productivity, efficiency, and effectiveness of City operations.
This Section is applicable to all current employees, elected officials, contractors, consultants, commissioners, third-party employees, interns, and volunteers (hereafter “Covered Individuals”) who are provided access to the City’s Technology, Equipment, and Resources.
Use of Technology
a. All City-issued Technology, Equipment, and Resources should be used only for business-related purposes. Any use of City computer equipment for personal purposes, including sending and receiving e-mails and Internet access, shall be limited to infrequent usage dealing with personal matters that can only be addressed during work hours. City-issued devices are subject to monitoring and can be audited to ensure compliance with this and other policies. b. Hardware or software requested by a user is subject to City standards and procedures to ensure that they are installed in appropriate locations that are authorized by the City and secure.
c. Cloud-based products, office productivity software (i.e. video conferencing tools), and other Internet-based applications need to be authorized by the Administrative Services Department prior to use.
d. City Electronic Messaging Accounts
i. Covered Individuals that are provided a City e-mail account are required to manage and maintain their electronic mailboxes pursuant to this Section.
This includes ensuring e-mails are checked on a regular basis and purged in accordance to department records retention polices. Non-Management Covered Individuals are not permitted to access City e-mail accounts outside of their regular business hours without appropriate authorization from their department head or designee.
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83 ii. The City’s Electronic Messaging Accounts, such as e-mail, text and instant messaging, shall be used for transmission, not storage. Covered Individuals will be limited to 9 GB of email data storage per account.
Requests for additional data storage should be requested by the Department Director to the Administrative Services Department. These accounts are specifically intended and designed to be a tool for transmission of information, and not a tool for storage of information. Any e-mail, text or instant message that must be retained should be preserved and transferred to an appropriate storage format.
iii. City e-mail users should use care when sending e-mail messages from City supplied e-mail addresses. Messages should be professional. The text of any e-mail or any other communication should be appropriate to be sent as a signed letter on City letterhead.
iv. All Covered Individuals using electronic messaging accounts as a means of communication are individually accountable for determining if the content of the electronic communication, whether sent or received, is subject to City records retention policies.
v. In accordance with California E-Discovery Law, it is the responsibility of the Covered Individual to cease destruction of any relevant electronic information concerning any reasonably foreseeable litigation action. e. City departments may have additional technology use requirements that further extend or restrict the terms and conditions of use of Technology, Equipment, and Resources for their respective Covered Individuals.
f. Covered Individuals shall not use City-provided Technology, Equipment, and Resources, including City email address, to engage in non-City related social activities, individual charity sponsorships, political activities, commercial use for profit, outside employment, or any other activities outside of their job scope. g. Covered Individuals shall not download or install audio, video, or data files on City equipment for personal use, including but not limited to, photos, music and movies. h. Any documents created using the City’s software and stored on the City’s network, including cloud storage, is considered City property and may be subject to California Public Records Act (PRA) and other laws and regulations that apply to public agency information. Typically, transitory information that is of a temporary or brief duration, not meant to be kept for future reference and whose value is comparatively short-lived, including but not limited to, texts communications to be maintained by the City or Covered Individual. However, transitory communications may be subject to a Public Records Act request if they involve City Business, and the Covered Individual elects to retain the communication on their City-owned or privately-owned devices or accounts. If a Covered Individual is unsure whether a Section III: Employee Conduct
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84 particular record is a City record for retention purposes, the Covered Individual should contact the City Clerk, his or her immediate supervisor, and/or the City Attorney.
Privacy
City Technology, Equipment, and Resources are the sole and exclusive property of the City and may be monitored when the City deems it necessary and are subject to search and the obligation to surrender at any time by the City. Covered Individuals do not have an expectation of privacy in the content of any electronic communication sent or received on a City account of communication utilizing City technology, equipment, and resources.
All files, including e-mails, texts, instant messages, videos, and electronic communication are property of the City and are subject to review, and audit, even if sent as authorized incidental personal use of the computer.
All City digital content, including e-mails and videos are be subject to California EDiscovery laws and/or deemed as electronic public records subject to inspection and copying under the California Public Records Act (PRA).
Internet access offered on the City Network is intended for City Business-related purposes. Covered Individuals do not have any expectation of privacy regarding websites accessed through the City’s computers and network systems. The City may monitor individual Internet access and produce reports documenting Internet use.
Cyber Security
The use of City Technology, Equipment, and Resources should conform to relevant City security standards. The use of City Technology, Equipment, and Resources should be authenticated via a UserID and strong password.
a. Password Restrictions:
i. Passwords should be updated every six (6) months. Passwords should not:
be a singular word, include the terms “Paramount”, be based on personal information, names of family, etc. All passwords must contain 10 characters, and 3 of the following 4 character sets:
• Upper case letters
• Lower case letters
• Numbers
• Special characters or symbols
ii. Covered Individuals shall not share passwords with anyone. Passwords shall not be revealed in electronic communications. All passwords are to be treated as confidential City information.
Section III: Employee Conduct
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85 iii. Covered Individuals are responsible for the maintenance, security, and use of their personal password as it provides an audit trail for system activity.
Covered Individuals should not allow the use of their account by others. b. When not using the computer, Covered Individuals are to log-off or lock their device.
c. If a Covered Individual’s City device is lost or stolen, he/she is required to report it immediately to their department and the Administrative Services Department. A police report may also be required. If a Covered Individual suspects that unauthorized access to a City device has taken place, he/she is required to report the incident immediately.
d. The City prohibits unauthorized copying, transfer, or reproduction of City-owned software. Loading of privately-owned software, or non-City software, must be approved in advance by the City.
e. Covered Individuals shall not send or share data or files that disclose sensitive, personal, confidential or proprietary information without the appropriate authorization from the City Manager.
f. Covered Individuals shall not attempt to decode system or user passwords; or read, delete, copy or modify data in a system in which they are not an authorized user of; or attempt to gain unauthorized access to any City technology, equipment, and resource.
g. Covered Individuals shall use caution when using City-issued technology, equipment, and resources, or City provided Internet access to log on to personal e-mail accounts due to the potential of exposing the City’s information systems and network to viruses, “worms” or other unauthorized programs.
Termination of Employment or Contract
When a Covered Individual is terminated or released from employment or their contract with the City, the user’s City account will be disabled on the last day of employment, or earlier if requested by the department or City management. The user’s access to all City accounts will be revoked as soon as possible. Departments are required to notify the Administrative Services Department if a user’s account should be archived due to pending or potential future investigations. All City property shall be returned, including Citypurchased devices, keys, and the like.
A department may request access to and/or retain a copy of the former Covered Individual’s data files (local and network files) and e-mails after the Covered Individual is no longer employed by the City. This request should be submitted to the Administrative Services Department prior to a user’s end date or at the time of notification of termination/release.
Section III: Employee Conduct
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86 E-Mail Retention
The City will retain e-mails of former employees for 30 days after their termination. Special requests to forward or retain email accounts of former employees for longer than 30 days need to be submitted by the Department Director to the Administrative Services Department.
Any former Covered Individual involved in active or potential litigation with the City shall have his/her e-mails preserved until the litigation is resolved.
E-mails that document substantive City Business need to be retained according to the retention period associated with the function of the e-mail documents, pursuant to the department’s records retention policy and preserved and transferred to an appropriate storage format.
Each department is responsible for notifying the Administrative Services Department if a Covered Individual’s e-mail account should be retained longer than 30 days after their employment. E-mail accounts of Department Directors and Assistant Directors, including the City Clerk and City Attorney, should be retained for a period of one year.
Section III: Employee Conduct 3-7 SOCIAL MEDIA POLICY
87 PURPOSE
Social media, which includes (but is not limited to) the City’s Facebook, Instagram, YouTube and Paramount Works App, is a primary means of communication for the City. The City recognizes the vital importance of these platforms for public engagement and staff is committed to providing timely responses, accurate information, and engaging content. This Social Media Policy has been developed to help navigate this fast-moving and complex environment in order to represent our City and share necessary information while demonstrating the positive impacts of our work.
This policy is intended to help employees understand best practice guidelines and legal parameters using social media as a means of conveying City information to its residents, businesses, and visitors, as well as maximizing visibility for City services, programs, events, and community engagement.
The City’s social media platforms are for the exclusive use of disseminating official information about the City to residents, businesses, and visitors. The City supports the use of social media as an additional communication tool that informs and engages the public and promotes the City and its departments. The City’s primary use of any social media site is to relay matters of City business and public information. The City has a primary interest and expectation in protecting the integrity of information posted on its social media sites and deciding what is communicated on these platforms.
1. RESPONSIBILITY
a. The Public Information Officer (PIO) will act as Administrator of all City Social Media accounts for every department. Additionally, the PIO is responsible for enforcing this Social Media Policy, and will serve as a social media point of contact. b. Department Directors have the authority to determine the development of social media content related to their respective departments. Department Heads must communicate with the Communications Office for the development of content posted on behalf of their department. Department Heads may appoint a delegate from their department to work directly with the Communications Office to post on behalf of their department. PIO will grant or approve specific administrative access and rights for City departments to post or share important content in a timely manner.
c. Social Media Administrators (Communication Specialists or Designated Employee(s)) shall be responsible for developing, posting, and monitoring content on behalf of the City for all approved social media sites. The Social Media Administrator shall review department-submitted content and ensure all posts meet the City’s branding guidelines. d. Authorized consultants will review and monitor comments, guiding message requests that require urgent response from the City to the appropriate department. They will also recommend best practices when handling sensitive information and/or crisis response.
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88 2. GOVERNANCE
a. The City’s official website at https://www.paramountcity.com will remain the City’s primary source and means of internet communication.
b. Wherever possible, content posted to the City’s social media sites will also be made available on the City's website.
c. To the extent possible, City social media pages should link back to the official City of Paramount website for forms, documents, online services, and other information necessary to conduct business with the City of Paramount. d. Information posted by the City on social media pages will supplement (not replace) required official City notices and standard methods of communication. e. The official City presence on social media sites constitutes an expansion of the City’s information networks and are governed by City policies. f. All City social media pages shall adhere to applicable federal, state, and local laws, regulations, and policies.
g. City social media pages are subject to the California Public Records Act and Proposition 59, amending Article 1, Section 3 of the California Constitution. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting may be a public record, with exceptions, subject to public disclosure. Content and comments are not to be deleted unless reviewed by Public Information Team for violation of policy or the Terms of Service required by the social media platform. h. City social media site content shall be retained in accordance with the City’s current record retention schedule.
i. The City Clerk is responsible for responding to any public records request for social media; such requests shall be handled in collaboration with the Public Information Team and City Attorney’s Office. Content related to City business shall be maintained in an accessible format so that it can be produced in response to a request. Wherever possible, sites shall clearly indicate that any articles and any other content posted or submitted for posting may be or are subject to public disclosure upon request. Users shall be notified that public disclosure requests must be directed to the City Clerk’s Office.
j. California law and relevant City records retention schedules apply to social media formats and social media content.
k. The Communications Office will monitor content on City social media sites to ensure adherence to City’s Social Media Policy and the interests and goals of the City of Paramount.
Section III: Employee Conduct 3-7 SOCIAL MEDIA POLICY
89 l. Employees posting content on behalf of the City on its social media pages must conduct themselves, at all times, as representative of the City and in accordance with all City policies.
m. Employees identifiable by uniform, even when using personal social media, are representatives of the City.
n. Employees representing the City may not use the City’s social media efforts/content for personal gain.
o. Any employee authorized to post on the City’s social media pages shall review, be familiar with, and comply with this policy.
3. SITE MANAGEMENT AND CONTENT
a. Social media sites approved for official use by the City include but are not limited to:
Facebook, Instagram, YouTube and the Paramount Works app. On January 1, 2023, the City deactivated its Twitter Account and will no longer be monitoring or posting on that platform.
b. City social media pages should make clear that they are maintained by the City and state that they follow the City’s Social Media Policy.
c. The main image or “profile picture” shall be the City logo, seal or an appropriate photo as determined by the City Manager or designee.
d. Use of the City’s official logo and/or brand for social media must be consistent with the City’s policies governing the use of the City’s logo, seals, badges and other identifiable markings (i.e. Branding Guide).
e. Not all forms of social media may be appropriate for use by the City and any social media page established on behalf of the City must be approved by the City Manager.
Consideration shall be given to the overall nature, theme, and suitability for use for City purposes.
f. The City’s social media sites are to be used for informational purposes and all content must pertain to the City and/or City business, programs, services, or events. g. Acceptable content includes but is not limited to text, graphics, hyperlinks, photos, and videos.
i. Posts must contain information that is freely available to the public and not be confidential as defined by any City policy or state or federal law. i. Posts by the City or City departments must reflect the views and positions of the City.
There shall be no posting of personal views or concerns.
Public Terms and Conditions
a.i. Each social media platform must include a link somewhere that directs visitors to the City’s website and “Public Disclaimer/Terms of Use”.
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90 b.i. In the social media tool’s “background” or “biography” section, the following must be included: “This is the official [social media title] account of the City of Paramount administered by the Public Information Officer.” 1) If space permits, include the following language: “This is an official [social media title] page of the City of Paramount administered by the Public Information Officer. This social media site is designated as a limited public forum. For more information about the City of Paramount, please visit https://www.paramountcity.com. This site is intended to serve as a mechanism for communication between the public and the department on the listed topics and as a limited forum to further the mission of the City. Any comment submitted to this page and its list of followers may be considered a public record, which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the City Clerk’s Office.”
Responding to Posts, Comments, and Messages
a. Similar to someone visiting City Hall to ask for help or inquire about a City program or policy, our goal is to provide good customer service to our community. We are generally interested in responding, but not limited to:
• General questions – an opportunity to lead someone to factual information or a City staff person who can help.
• Misinformation – an opportunity to correct misperceptions or rumors. • Disinformation – an opportunity to correct deliberate misleading. • Complaints – an opportunity to take a conversation offline for follow-up, response, and/or funnel a complaint to a proper channel.
• Emergency Response Announcements – Public safety, hazards, etc. b. Responses to posts or comments must be relevant, timely, accurate, and informative Prohibited Activity
a. As a neutral party, the City will not “follow,” “subscribe to,” or “like” the social media sites of any active members of the City Council. Paramount’s Congressional and Legislative representatives are excluded from this provision.
b. Content in any post made on behalf of the City shall not specifically endorse or mention any City vendor, supplier, customer, contractor, employee, official, or resident, without the approval of the Public Information Officer. “Following” or “liking” a social media page is not a form of City endorsement.
Video Posting Standard
• The City’s Public Information Officer or designee will be responsible for approving all video content.
• Video quality must be comparable to DVD resolution quality 640x480.
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91 • Low-quality video will be considered as long as the audio portion is clear and the content is compelling and informative.
• The City must secure a disclaimer from the author or owner or the right to use all or part of a video if the video was not produced by the City or related entity. • Videos streamed from other sources may not be posted to the City’s website. Links to external videos are permitted, but it must only be used when content is relevant and necessary approvals are received.
Submitting Videos to Hosting Sites
• Videos may be submitted to hosting sites such as YouTube and Vimeo as well as Facebook and Instagram on a case-by-case basis under the direction of the City’s Public Information Officer or designee.
• Comments posted to these sites must be monitored or the ability to post a comment shall be turned off. Comments must adhere to the guidelines stated in the Social Media Public Disclaimer/Terms of Use.
Section III: Employee Conduct
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To maintain a professional workplace environment that is free from unnecessary distractions, employees should maintain a neat and clean appearance that is appropriate for the workplace setting and for the work being performed. Colors and styles of garments should be consistent with industry and professional standards, safety, and comfort.
Guidelines
Based on the nature of the job, certain employees are required to wear city-issued uniforms as a condition of employment. The City provides complete or partial uniforms to all employees who are required to wear a uniform at no cost to the employee. Employees are responsible for the safekeeping of these uniforms. Employees are not allowed to report for work in soiled or wrinkled uniforms. Uniforms are to be worn only when on duty.
No adornments other than City name badges are authorized as part of the uniform. Upon termination of employment, or transfer to a department with different uniform requirements, all uniforms provided by the City must be returned to the City.
Hats (i.e., baseball cap style or sun visor) are allowed for some positions as deemed appropriate by the City Manager and Department Director for work-related activities, but must be City-issued, or a solid color approved by the City without any affiliation to a sports team or organization, other than the City of Paramount.
Employees wearing City issued clothing or promotional clothing labeled with City logos while on duty or off duty may be perceived by the public as in the employee of the City or on duty with the City. Therefore, employees who are wearing items with City logos or titles are expected to conduct themselves with integrity and decorum.
Relaxed Dress Code on Occasion
The City Manager may institute a relaxed dress code standard on certain days. Except on occasions requiring a higher standard of personal appearance, such as contact with the public or meetings with external parties, employees may elect to wear casual attire on such days determined by the City Manager. However, some positions may not be able to participate in a relaxed dress code given certain health and safety measures (i.e. personal protective equipment, attire designed to safeguard employees from hazards, or uniforms used to identify employees to the public).
Clothing and footwear must not present a safety hazard. • A City-issued shirt, or a business-appropriate top are allowed (no non-City t-shirts, tank tops, or sports-affiliated attire).
• Permitted: open neck sport or polo-type shirt with collar, and casual pants (including denim jeans); Small logos indicating the clothing’s manufacturer are Section III: Employee Conduct
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93 allowed; Logos or messages promoting City-sponsored events may be allowed on a case-by-case basis.
• Not permitted: Shorts (for office staff), shirts without collars, athletic clothing, and attire displaying inappropriate messages or sports logos, jeans with holes, jeans dragging the floor, or frayed at the hem.
• Sneakers are and other casual shoes are permitted, as long as they are appropriate for interacting with the public.
• No flip-flops
Section III: Employee Conduct
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94 POLICY
It is the policy of the City to provide all information to the public that is not expressly prohibited from disclosure by the Public Records Act.
If staff has any question that a request is legally protected, they will address their question to the City Clerk who will then address the question directly with the City Attorney.
Examples might be personnel records, communications between legal counsel and representatives of the City, or consultants' reports prepared with the participation of counsel.
If a copy of a document is requested, as opposed to an inspection of a public document, the copy will be provided as soon as possible within the requirements of the Public Records Act.
Requests for Information from City Council Members
When a City Council Member seeks clarification on informational items, the City Council Member will be referred directly to the City Manager or appropriate management personnel for information needed to supplement, upgrade, or enhance the City Council Member's knowledge. When a City Council Member seeks clarification on policy related concerns, especially those involving personnel, legal action, land acquisition and development, finances, and programming, said concerns will be referred directly to the City Manager.
Media Contact
Employees may be approached for interviews or comments by the news media. Only contact people designated by the City Manager, or authorized designee, may comment to news reporters or other media on programs, projects, policies or events that have an impact on the City. Otherwise, all media contacts and requests for information or interviews must be referred to the City Manager, or authorized designee.
Section III: Employee Conduct
GRATUITIES
3-10
95 POLICY
The purpose of this policy is to ensure that City employees do not receive or accept gifts or gratuities that may improperly influence their decision-making or job performance, subject to the business needs of the City. A gratuity is defined as a gift or service rendered to an individual. Gifts include, but are not limited to money, candy, alcoholic beverages, tickets to events, trips, or the use of equipment or property. All gratuities received or offered to the employee should be reported to the employee's supervisor.
An employee's job requirements may include attendance at conferences or other business gatherings, or other circumstances where it is necessary for business purposes to be able to accept gifts or gratuities. Accordingly, employees in these positions may not receive a gratuity from any individual, organization, or vendor doing business with the City that has an estimated aggregate value exceeding the maximum amount allowable by the Fair Political Reform Act that is administered by the Fair Political Practices Commission.
An employee's obligation under this policy is in addition to and does not in any way change his/her obligation under the City's Business Ethics Policy. City employees may not receive a gratuity from any individual, organization, or vendor doing business with the City where doing so could influence or be perceived to influence the business decisions of the City.
Employees are required to comply with the Political Reform Act of 1974 and, as appropriate, to complete and file Form 700-FPPC, which is a public document, intended to disclose potential conflicts of interest.
3-7
SECTION IV:
APPENDICES
#
Section IV: Appendices
APPENDICES
4-1
90 Appendix 1: Classification Table
Classification Title
FLSA
Status
Accountant Non-Exempt
Accounting Specialist Non-Exempt
Accounting and Budget Manager Exempt
Administrative Assistant Non-Exempt
Administrative Intern Non-Exempt
Assistant City Manager Exempt
Assistant Planning and Building Director Exempt
Assistant Community Services Director Exempt
Assistant Finance Director Exempt
Assistant Public Safety Director Exempt
Assistant Public Works Director Exempt
Assistant Planner Non-Exempt
Associate Planner Exempt
Building and Safety Inspector Non-Exempt
Building and Safety Manager Exempt
Building Permit Technician Non-Exempt
City Clerk Exempt
City Manager Exempt
Code Enforcement Officer Non-Exempt
Code Enforcement Officer Supervisor Exempt
Communication and Engagement Manager Exempt
Communications Specialist Non-Exempt
Community Service Officer Non-Exempt
Community Service Officer Supervisor Non-Exempt
Community Services Director Exempt
Community Services Supervisor Exempt
Deputy City Clerk Exempt
Executive Aide Non-Exempt
Executive AssistantAdministrative Aide Non-Exempt
Finance Aide Non-Exempt
Finance Assistant Non-Exempt
Finance Director Exempt
Finance Supervisor Exempt
Finance Technician Non-Exempt
Financial Services Manager Exempt
Human Resources Assistant Non-Exempt
Section IV: Appendices 4-2 APPENDICES
91 Human Resources Manager Exempt
Section IV: Appendices
APPENDICES
4-1
92 Classification Title
FLSA
Status
Maintenance Aide Non-Exempt
Maintenance Supervisor Exempt
Maintenance Worker Non-Exempt
Management Analyst Exempt
Office Assistant IAdministrative Aide Non-Exempt
Office Assistant II Non-Exempt
Parking Control Officer Non-Exempt
Payroll Technician Non-Exempt
Planning Intern Non-Exempt
Planning and Building Director Exempt
Project/Program Manager Exempt
Public Safety Director Exempt
Public Safety Assistant Non-Exempt
Public Works Director Exempt
Public Works Operations Manager Exempt
Recreation Coordinator Non-Exempt
Recreation Leader Non-Exempt
Senior Accountant Exempt
Senior Code Enforcement Officer Exempt
Senior Maintenance Worker Non-Exempt
Senior Management Analyst Exempt
Senior Recreation Leader Non-Exempt
Senior Services Program Supervisor Exempt
Senior Water Operator Non-Exempt
STAR Program Assistant Non-Exempt
STAR Program Coordinator Non-Exempt
STAR Program Leader Non-Exempt
Warehouse Attendant Non-Exempt
Water Operator Non-Exempt
Water Operator Aide Non-Exempt
Water Quality Specialist Non-Exempt
Water Superintendent Exempt
Water Supervisor Exempt
Section IV: Appendices 4-2 APPENDICES
93 SOCIAL MEDIA
PUBLIC DISCLAIMER / TERMS OF USE
The following Public Disclaimer/Terms of Use must be displayed or linked on any City social media site. Any moderation or deletion of social media site content, including comments, must follow this policy. Comments may not be deleted solely for being critical of the City or based on viewpoints expressed, unless the comment violates any provision in this policy.
THIS SOCIAL MEDIA SITE IS DESIGNATED AS A LIMITED PUBLIC FORUM.
The purpose of the City of Paramount’s social media sites is to share news, public information, and updates regarding the activities, policies and programs of the City. However, the information and content contained on our social media site are only intended to supplement, not to replace, the information available through official City channels, in general, on the City’s official website at https://www.paramountcity.com.
Under no circumstance should an individual report an emergency through a direct message or comment on a City social media site. In cases of an emergency or immediate danger, please dial 9-1-1.
If you are a reporter, please direct your inquiries to the Public Information Officer at (562) 220- 2000. We do not post nor respond to media inquiries on our social media sites.
The City is not responsible for comments, remarks, messages, or other material posted to its social media sites and does not, in any way, guarantee or warrant the content, accuracy, or use of social media content from members of the public. The City specifically disclaims all liability for claims or damages that may result from any posting on its social media sites. Opinions expressed on our social media sites are those of the person posting and do not necessarily reflect the opinions, practices, or policies of the City. In no event shall the City be liable to you or anyone else for any decision made or action taken in reliance on information on our social media sites.
By accessing, viewing and/or posting content to our social media sites, you accept, without limitation or qualification, these terms and conditions of use, as well as any other terms of use required by the companies that own and operate the social media sites. Your use of our social media sites is deemed acceptance of these terms and conditions and to have the same effect as if you had physically signed an agreement.
These terms and conditions are in addition to the third-party policies, terms, and conditions of any social media provider (i.e., Facebook, Instagram, Twitter, YouTube, etc.). The City is subject to the terms of use for this site by the provider. The City does not control the terms and conditions of the social media provider.
Your Comments Are Public and Reviewed
Our social media sites are public and viewable by everyone. Comments and shared information also become part of a public record and may be archived in order to abide with applicable laws, e-discovery requirements, and document retention policies. Information shared through our social media sites may be subject to release to those who request it through the California Public Records Act or other public information statutes. Your use of our social media sites and the posting of any content is deemed a waiver by you of any rights to privacy or confidentiality.
Please be aware that we review all comments after you post them. Because the site is visible 4-2
to all ages, we expect persons who leave comments to do so with respect, good manners, and careful thought of who might be seeing them.
Consistent with the purpose of this Limited Public Forum, we reserve the right to moderate, monitor, remove, prohibit, restrict, block, suspend, terminate, delete, discontinue, or reject comments and access to comments if they are:
• Profane, obscene, pornographic, abusive, threatening, racist, defamatory, offensive or contains violent language
• Trolling (posts that are deliberately offensive, provocative, or disruptive and intended to hijack our content, deflect our information off-track)
•1. Messages that are a violation of existing law or regulation • Violations of the intellectual property rights of others • Spam (unsolicited messages that are usually intended as advertising or messages that are repeatedly posted on the same site)
• Attacks or calls-to-action for attacks on specific groups or individuals • Intended to harass, threaten or abuse an individual or are defamatory, derogatory, or are personal attacks on any City official, employee, resident, or business
• Hateful or discriminatory comments regarding or comments that promote, foster, or perpetuate discrimination of harassment on the basis of race, ethnicity, religion, gender, disability, sexual orientation, political beliefs, or a protected class under local, state, or federal law
• Links or comments containing sexually explicit content or material • Links to malicious software or sites
• Cyber-stalking or threats to an individual or organization, or intended to collect or post private information and data without disclosure (e.g., doxxing) • Messages that relate to confidential, private, or proprietary information • Messages that are inappropriate, in poor taste, or otherwise contrary to the purposes of our site or the business of the City.
• Self-promotion
• Solicitation of funds
• Unsolicited business proposals and inquiries
• Reports of criminal or suspicious activity
• Encouragement of illegal or unlawful activity
• Posts not in compliance with our social media host’s own terms and conditions • Posts that attempt to or do take over a thread in ways that are contrary to these terms and conditions (including off-topic, random, or unintelligible posts) The above list is not necessarily exhaustive, and the City reserves the right to remove or restrict any post or comment that violates the purpose or spirit of these terms and conditions.
Individuals who comment or post to our social media sites and who repeatedly violate these terms and conditions may, among other actions, be banned, prohibited from posting future comments, or be reported to the social media provider.
We do not edit comments for the purpose of removing objectionable or inappropriate content and leaving non-objectionable or appropriate content. If you want your comments to remain posted, please ensure that you comply with this policy.
While comments and direct messages may be posted or sent at any time because of the nature of social media, comments and messages will be routinely reviewed during regular business hours.
Information contained on our social media sites may be intercepted, recorded, read, copied, Section IV: Appendices 4-2 APPENDICES
95 and disclosed by and to authorized personnel for any official purpose, including criminal investigations. Unauthorized access or use of our social media sites, including attempting unauthorized copying, altering, destroying, or damaging site content, may violate the Federal Computer Fraud and Abuse Act of 1986 and may subject violators to criminal, civil, and/or administrative action.
Privacy
Do not include personally identifiable information in the body of your social media comments.
This is for your own protection and privacy.
Endorsements
The City does not endorse commercial entities, products, services, or other nongovernmental organizations or individuals through social media. Any references to commercial entities, products, services, or non-governmental organizations or individuals are solely for informational purposes or posted by the social media provider.
Our Comments Are Not Legal Advice and Your Comments Are Not Official Notice Postings, interactions, and messages made through social media sites do not constitute legal advice. Likewise, anything you post is not considered an official notice or comment to the City or to any official or to any of our employees for any purpose. The City disclaims all warranties, expressed or implied, for any of the information and content provided on its social media site.
You May Own Your Comments, but We Can Use Them
You may own all the comments, content, messages, and similar information that you post on our social media sites (subject to any terms or conditions of the social media provider). You are responsible for how you control the sharing of that content through the privacy and application settings of the social media provider.
By posting on our social media sites, you grant the City a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use that content. That means the City can reproduce, distribute, publish, display, and otherwise use your content. If you do not wish to have the content you have posted used, published, copied and/or reprinted, it should not be posted on our social media sites.
Advertisement and Link Disclaimer
The information provided on our social media sites and any links or references thereon are provided as a courtesy to site visitors.
The City does not endorse, recommend, nor approve of any person, any product, or any service mentioned on the City’s social media sites nor referenced or contained on any other website or social media page. The City does not endorse nor support any advertising that may be contained on its social media site nor on any of the pages of any linked or referenced sites.
The City does not generally link to the following:
• Candidate or nominee sites nor sites advocating a position on City or ballot issues • Corporate commercial sites (Please note that non-profit organizations may include links to member or sponsor organizations. However, such links are not an endorsement or recommendation by the City.)
• Personal home pages
External links may be provided at times and are posted only as additional information or resource
material. The City does not attest to the accuracy of information provided by any links. Should you access another site through a link, you are subject to that destination site's 4-2
own privacy policy and terms of use.
Intellectual Property Use
Images, photographs, written works, and graphics used by us on our social media sites, unless otherwise noted, are the property of the City and are protected under both United States and International Copyright Laws. Our images, photographs, written works and graphics may not be reproduced, copied, transmitted or manipulated without the written permission of the City.
Use of any image or content from our social media sites as the basis for any other, literary writing,
photograph, or illustration (in any format) is a violation of the United States and International Copyright laws.
For questions pertaining to our intellectual property rights or for permission to reproduce our social media please contact the City’s Public Information Officer at (562) 220-2000.
Indemnification
By using our social media sites, you agree to defend, indemnify, and hold the City and its officers, directors, employees, contractors, representatives, agents, successors and assigns harmless from and against any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which they may become subject and which arise out of, are based upon, are as a result of, or are in any way connected with your use of our social media sites, including any third party claims of infringement or any breach of these terms and conditions.
Jurisdiction
By using our social media sites, you agree that any claim or dispute relating to the posting of any content on our social media sites shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions, and you agree to be bound and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
This Policy Is Subject to Amendment
This policy may be updated or amended at any time without notice. Each time you access or use our social media sites, the policy then in place at the time of such access or use will govern your usage and posting.
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 24, 2025
SUBJECT: AUTHORIZING LETTER OF AGREEMENT AMENDING MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 911
BACKGROUND
The City of Paramount’s (City) only labor unit formed in 2019 and is represented by Teamsters Local 911 (bargaining unit). The bargaining unit consists of 22 nonmanagement employees of the Public Works Department. The City Council authorized a Memorandum of Understanding (MOU) with the bargaining unit on June 8, 2022 for a three-year agreement ending June 30, 2025. On July 13, 2023, the City and Teamsters approved a Letter of Agreement (LOA) to extend the term of the 2022-25 MOU to June 30, 2026; increased the July 2023 base salary to five percent (5%); and provided a base salary increase for July 2025 to a minimum of two percent (2%) and up to a maximum of four percent (4%).
On June 25, 2024, the City Council approved the additional benefits as follows: one mental health day granted annually; deferred comp 457 match up to $700 in FY 2024-25; annual vacation cashout up to 60 hours; and the swap of the 2025 Cesar Chavez holiday with December 23, 2024.
On February 25, 2025, the City Council approved the addition of the Juneteenth holiday to be observed on June 19 annually, starting in 2025.
DISCUSSION
As approved in the FY 2025-26 adopted Budget, the City Manager recommends the Teamsters be offered the additional benefits and salary enhancements as listed below.
The specific benefits are further defined in the enclosed personnel manual.
1. Cost of Living Adjustment
Staff is proposing all represented employees receive a cost of living salary adjustment of
3.25% which shall be effective July 12, 2025.
Agenda Report June 24, 2025
RESOLUTION NO. 25:026
2. Deferred Comp Cash match
Staff is proposing to provide a one-time 457(b) Deferred Compensation Bonus Match for all represented employees. From July 1, 2025 to June 30, 2026, the City will match any 457(b) contributions made up to $700 on a dollar for dollar basis. This would be a onetime offer for FY 2025-26.
3. Cesar Chavez Holiday switch
The 2026 Cesar Chavez holiday shall be observed on December 26, 2025.
Communication with Teamsters
Staff communicated with the Teamsters Local 911 for their review of the proposed updates to benefits and proposed administrative updates to the personnel manual, effective July 1, 2025. The Teamsters provided their approval for those benefits provided to represented employees.
The change in salary, benefits and personnel manual requires that the City Council adopt a Resolution approving a Letter of Agreement between the City and the Teamsters Local 911 to memorialize the changes.
FISCAL IMPACT
For purposes of efficiency and uniformity, the fiscal impact regarding this item is reflected in the FY 26 Adopted Budget.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
Adopt Resolution No. 25:026 authorizing the City Manager to execute the Letter of Agreement amending the Memorandum of Understanding between the City of Paramount and Teamsters Local 911.
CITY OF PARAMOUNT
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 25:026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT
AUTHORIZING LETTER OF AGREEMENT AMENDING MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 911
WHEREAS, the City of Paramount (“City”) and Teamsters Local 911 (“Teamsters”) (collectively “Parties”) reached agreement on a Memorandum of Understanding covering the period June 8, 2022 to June 30, 2025 (“2022-25 MOU”); and WHEREAS, on July 13, 2023, the City and Teamsters approved a Letter of Agreement to extend the term of the 2022-25 MOU to June 30, 2026; increased the July 2023 base salary to five percent (5%); and provided a base salary increase for July 2025 to a minimum of two percent (2%) and up to a maximum of four percent (4%); and WHEREAS, on June 25, 2024, the City Council approved the additional benefits as follows: one mental health day granted annually; deferred comp 457 match up to $700 in FY 2024-25; annual vacation cashout up to 60 hours; and the swap of the 2025 Cesar Chavez holiday with December 23, 2024; and
WHEREAS, on February 25, 2025, City Council approved the addition of the Juneteenth holiday to be observed on June 19 annually, starting in 2025; WHEREAS, on June 10, 2025, the City Council approved the City’s FY 2025-26 operating budget that included specific salary adjustments, and employee benefit enhancements offered to all employees;
WHEREAS, the City Manager has proposed changes to the personnel manual that includes non-benefits related changes that are necessary for language cleanup, clarification for statutory compliance, and to update the policies to match current practices; and
WHEREAS, the City and Teamsters have met and conferred to amend the terms of the 2022-25 MOU, increase specific employee benefits and amend the Personnel Manual; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. Therefore, the Parties agree as follows:
RESOLUTION NO. 25:026
1. The cost of living salary adjustment of 3.25% shall also be provided to Teamsters-represented employees effective July 12, 2025, as shown in the City’s Resolution 25-020 adopting the salary schedule.
2. The eligible benefits set forth in Resolution No. 25:025 that provides an increase to Deferred Compensation Match, shall also be provided to Teamsters-represented employees.
3. The City will provide a deferred compensation match for any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis, in FY 2025-26 only. This change is incorporated in the amended personnel manual.
4. The City and Teamsters agree that during fiscal year 2025-26 only, the Cesar Chavez holiday will not be observed in March 2026 and instead employees will be provided with holiday leave on December 26, 2025. This change is incorporated in the amended personnel manual.
5. The City and Teamsters agree with the terms and conditions included in this Letter of Agreement (Attachment “C”) and agree with the proposed changes in the amended personnel manual.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Paramount this 24th day of June 2025.
Peggy Lemons, Mayor
ATTEST:
Heidi Luce, City Clerk
RESOLUTION NO. 25:026
ATTACHMENT A
CITY OF PARAMOUNT AND TEAMSTERS LOCAL 911
LETTER OF AGREEMENT
RE: EXTENSION OF 2022-25 MOU and PROVISION OF OTHER BENEFITS WHEREAS, the City of Paramount (“City”) and Teamsters Local 911 (“Teamsters”) (collectively “Parties”) reached agreement on a Memorandum of Understanding covering the period June 8, 2022 to June 30, 2025 (“2022-25 MOU”); and WHEREAS, on July 13, 2023, the City and Teamsters approved a Letter of Agreement to extend the term of the 2022-25 MOU to June 30, 2026; increased the July 2023 base salary to five percent (5%); and provided a base salary increase for July 2025 to a minimum of two percent (2%) and up to a maximum of four percent (4%); and WHEREAS, on June 25, 2024, the City Council approved the additional benefits as follows: one mental health day granted annually; deferred comp 457 match up to $700 in FY 2024-25; annual vacation cashout up to 60 hours; and the swap of the 2025 Cesar Chavez holiday with December 23, 2024; and
WHEREAS, on February 25, 2025, City Council approved the addition of the Juneteenth holiday to be observed on June 19 annually, starting in 2025; WHEREAS, on June 10, 2025, the City Council approved the City’s FY 2025-26 operating budget that included specific salary adjustments, and employee benefit enhancements offered to all employees;
WHEREAS, the City Manager has proposed changes to the personnel manual that includes non-benefits related changes that are necessary for language cleanup, clarification for statutory compliance, and to update the policies to match current practices; and
WHEREAS, the City and Teamsters have met and conferred to amend the terms of the 2022-25 MOU, increase specific employee benefits and amend the Personnel Manual; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARAMOUNT AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. Therefore, the Parties agree as follows:
RESOLUTION NO. 25:026
1. The cost-of-living salary adjustment of 3.25% shall also be provided to Teamstersrepresented employees effective July 12, 2025, as shown in the City’s Resolution 25:020 adopting the salary schedule.
2. The eligible benefits set forth in Resolution No. 25:025 that provides an increase to Deferred Compensation Match, shall also be provided to Teamstersrepresented employees.
3. The City will provide a deferred compensation match for any 457(b) contributions made by full-time employees up to $700 on a dollar for dollar basis, in FY 2025-26 only. This change is incorporated in the amended personnel manual.
4. The City and Teamsters agree that during fiscal year 2025-26 only, the Cesar Chavez holiday will not be observed in March 2026 and instead employees will be provided with holiday leave on December 26, 2025. This change is incorporated in the amended personnel manual.
5. The City and Teamsters agree with the terms and conditions included in this Letter of Agreement (Attachment “C”) and agree with the proposed changes in the amended personnel manual.
IT IS SO AGREED
DATE: ________ ________________________
TEAMSTERS LOCAL 1911
DATE: ________ _________________________
CITY OF PARAMOUNT
RESOLUTION NO. 25:026
ATTACHMENT B
AMENDED PERSONNEL MANUAL
CITY OF PARAMOUNT
PERSONNEL MANUAL
Rev. June 2025
EQUAL EMPLOYMENT OPPORTUNITY
2 Section – Page No.
SECTION I: INTRODUCTION
Introduction/Right to Revise 1-1
Equal Employment Opportunity 1-2
Prevention of Harassment and
Discrimination
1-3
SECTION II: EMPLOYMENT AND LEGAL
ADMINISTRATION
Employment Eligibility Requirement 2-1
Employment Categories 2-2
Probationary Period 2-3
Position Classification Administration 2-4
Promotions, Demotions, Transfers 2-5
Performance Evaluations 2-6
Compensation 2-7
Hours of Work 2-8
Overtime 2-9
Attendance 2-10
Recruitment and Selection 2-11
Employment of Relatives (Nepotism) 2-12
Personnel Records 2-13
Political Activity 2-13
Progressive Disciplinary Process 2-14
Grievance Procedure 2-15
Appeal Process 2-16
Resignation/Separation 2-17
Holidays (REVISED) 2-18
Personal Holidays 2-19
Vacation 2-20
Sick Leave 2-21
Mental Health Day 2-22
Executive Leave 2-23
Reasonable Accommodations 2-24
Leaves of Absence 2-25
Jury Duty 2-26
Catastrophic Leave 2-27
Travel and Other Expense
Reimbursement
2-28
Tuition Reimbursement 2-29
Employee Benefits 2-30
Cessation of Benefits 2-31
Work from Home 2-32
Bilingual Skill Pay 2-33
Cellphone Stipend for Business Use 2-34
Recruitment Incentive Program 2-35
TABLE OF CONTENTS
Anniversary Achievement Award 2-36
Section – Page No.
SECTION III: EMPLOYEE CONDUCT
Business Ethics 3-1
Drug Free Workplace 3-2
Smoking 3-3
Workplace Security, Safety, and Violence
in the Workplace
3-4
Vehicle Use/Driving on City Business 3-5
City Technology, Equipment, and
Resources
3-6
Social Media Policy 3-7
Dress Code 3-8
Request for Information and Media
Contact
3-9
Gratuities 3-10
SECTION IV: APPENDICES
Appendix 1: Classification Table 4-1
Appendix 2: Social Media Policy 4-2
SECTION I:
INTRODUCTION
Section I: Introduction
1-1
1 This Administrative and Personnel Manual contains the administrative policies, practices, and procedures for the City of Paramount (“City”). All employees should read, understand, and comply with all provisions of this Personnel Manual. It describes many of the responsibilities of an employee and outlines the programs developed by the City to benefit employees. One of the City’s objectives as an employer is to provide a work environment that is conducive to both personal and professional growth while delivering high quality service to the public.
All previously issued human resources, personnel or administrative handbooks, manuals, resolutions, and/or policy statements or memoranda are superseded by this Personnel Manual, unless otherwise noted. Departments may establish directives specific to their department, but they cannot conflict with this Personnel Manual.
The City reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in this Personnel Manual. Any changes must be in writing and must be signed by the City Manager or authorized designee. Any such written changes to this Personnel Manual will be reviewed by the City Attorney, and will be generally distributed so that supervisors and employees will be aware of the new or revised policies or procedures. No oral statements or representations can in any way change or alter the provisions of this Personnel Manual.
Employees are responsible for familiarizing themselves with the contents of this Personnel Manual. Employees are responsible for acknowledging that the Personnel Manual has been read and its contents understood by signing the signature page that will be filed in the employee's personnel file.
Section I: Introduction EQUAL EMPLOYMENT OPPORTUNITY
1-2
2 POLICY
The City of Paramount is an equal opportunity employer and is committed to maintaining a work environment free from unlawful discrimination and/or harassment for all its current and prospective employees as well as persons providing services pursuant to a contract.
The City makes employment decisions based on merit. It is the City’s goal to have the best-qualified person in every position. City policy prohibits unlawful discrimination on the basis of race, color, creed, gender (including gender identity and gender expression), religion, marital status, registered domestic partnership status, age, national origin or ancestry, physical or mental disability (the term disabled or disability will be construed to apply to those individuals covered by Title 2 California Administrative Code, §7293.6(c) et seq. and 42 U.S. Code §12102 and the regulations as defined pursuant to that section), medical condition, sex, genetic information, military or veteran status, sexual orientation, or any other consideration made unlawful by Federal, State or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful.
The City is committed to complying with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the operations of the City and prohibits unlawful discrimination by any employee, elected official, and/or appointee of the City, including supervisors and co-workers. The City considers the attainment of equal employment a major City objective and is committed to providing equal employment opportunities to all qualified persons and applicants.
The City will not discriminate with respect to recruitment, hiring, training, promotion, transfer, discipline, termination, and other terms and conditions of employment. All other personnel actions or programs such as compensation, benefits, transfers, layoffs, recalls, City-sponsored training, education, tuition assistance, social and recreational programs will be administered in a non-discriminatory manner. All employment decisions will be consistent with the principle of equal employment opportunity.
The City endeavors to recruit qualified individuals that represent all segments of the community. Selection and advancement are determined based on relative ability, knowledge, and skills after a fair competitive process.
The City is committed to a policy and practice of complying with the Americans with Disabilities Act to ensure equal employment opportunity and non-discrimination for all qualified persons with disabilities in all terms, conditions and privileges of employment.
Reasonable accommodation is available to all employees and applicants, including work site accessibility.
Section I: Introduction EQUAL EMPLOYMENT OPPORTUNITY
1-2
3 Qualified individuals with disabilities are entitled to equal pay and other forms of compensation as well as equal treatment and reasonable accommodation in job assignments. Employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
4 POLICY
The City is committed to providing a work environment that is free of discrimination, harassment, and retaliation in employment. This policy provides an organizational action plan and workplace conduct guidelines to maintain such an environment; further defines what is meant by these terms; provides avenues for reporting discrimination, harassment, and retaliation; and provides a procedure for investigation and resolution of employee complaints. The City encourages all employees, applicants, volunteers, unpaid interns and contractors to report any conduct that is believed to violate this policy as soon as possible.
City policy prohibits unlawful discrimination on the basis of race, color, creed, gender (including gender identity and gender expression), religion, marital status, registered domestic partnership status, age, national origin or ancestry, physical or mental disability (the term disabled or disability will be construed to apply to those individuals covered by Title 2 California Administrative Code, §7293.6(c) et seq. and 42 U.S. Code §12102 and the regulations as defined pursuant to that section), medical condition, sex, genetic information, military or veteran status, sexual orientation, or any other consideration made unlawful by Federal, State or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful (herein “protected category”). This prohibition against harassment and discrimination applies to the treatment of employees, applicants, unpaid interns or volunteers by a supervisor, management employee, elected or appointed official, co-worker, member of the public, or contractor.
Appropriate remedial measures, including disciplinary action, up to and including termination, will be instituted if prohibited behavior is found.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this policy will be subject to disciplinary action, up to and including termination.
DEFINING HARASSMENT, DISCRIMINATION, AND RETALIATION
Harassment
Harassment can take many forms and includes, but is not limited to, the following conduct:
• Speech, such as slurs, jokes, stories, statements, epithets, derogatory comments, unwanted sexual advances or invitations, or inappropriate comments on appearance (including dress or physical features).
• Visual conduct, such as derogatory posters, cartoons, drawings, or gestures.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
5 • Physical acts, such as offensive touching, assault, or any physical interference with normal work or movement when directed at an individual. • Threats or unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature where rejection of the conduct is used as the basis for employment decisions, offers of job benefits in return for sexual favors, or where the conduct is intended to or does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.
Identifying Unlawful Harassment
Harassment includes any conduct unwelcome by the recipient who is a member of a protected category. The following are ways to identify if conduct ventures into harassment:
• The appearance of "voluntary consent" by the recipient may not be genuine.
Harassment may still be occurring. There are many reasons why a recipient might appear to consent.
• Harassment can evolve over time. Just because no one objects to the behavior at the moment does not mean that the joke, gesture, picture, physical contact, or comment is welcome.
• Consensual visual, verbal, or physical conduct by two employees may be offensive to a third party and can constitute harassment of that third party. • Conduct can be considered harassment even if the individual in violation of this policy has no intent to be harassing.
Other Forms of Harassment
Unlawful harassment is unwelcome or offensive conduct with the purpose or effect of unreasonably interfering with an individual's work performance, or which creates an intimidating, hostile, or offensive working environment that is motivated by or directed to an employee on the basis of a protected category.
Discrimination
This policy prohibits treating an individual inequitably because of the individual's protected category as defined in this policy.
CITY OF PARAMOUNT REPORTING PROCESS – MAKING A COMPLAINT Any employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee or contractor who believes he or she has been unlawfully harassed should promptly report it orally or in writing to their supervisor, manager, Human Resources, the Assistant City Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
6 Manager, or the City Manager. In the event an employee does not feel comfortable reporting to one of the identified individuals, employee may also report this information to the City Attorney.
Supervisors Must Report
Any supervisor who receives a complaint of unlawful harassment or who observes or otherwise learns about conduct that may be in violation of this policy must notify the Assistant City Manager immediately.
Upon receiving notification of a harassment complaint, the City will:
• Provide the complainant with a timely response indicating that the complaint has been received and that a fair, timely, and thorough investigation will be conducted. • Authorize and supervise a timely, impartial, fair, and thorough investigation of the complaint by qualified personnel. The investigation will be documented and tracked for reasonable progress. The investigation will afford all parties with appropriate due process, and may include interviews with the complainant, the accused harasser, and other persons, as applicable, who have relevant knowledge concerning the allegations in the complaint.
• Review the information gathered through the investigation to reach a reasonable conclusion as to whether the alleged conduct constitutes harassment, discrimination, or retaliation giving consideration to all information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
• Timely report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, and the supervisor or Manager. If discipline is imposed, the level of discipline will not be communicated to the complainant. Take prompt, appropriate, and effective remedial action if conduct in violation of this Policy occurred. The remedial action will be commensurate with the severity of the offense. Disciplinary action for a violation of this policy can range from verbal or written warnings up to and including termination.
• Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation.
Reporting and Performance Standards
An employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor who makes a complaint of discrimination, harassment, or retaliation is in no manner excused or exempt from the same performance standards to which others performing the same or similar work are held accountable. All job performance standards Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
7 will be maintained throughout and following any investigation undertaken as a result of this procedure. Failure to meet job-related performance standards may be grounds for disciplinary action.
Other Ways to Report
This policy is not intended to prohibit employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor from filing complaints with the California Department of Fair Employment and Housing or the Federal Equal Employment Opportunity Commission or to prevent them from pursuing other available judicial remedies. These agencies may be contacted as follows:
• California Department of Fair Employment and Housing (DFEH) (800) 884-1684 or www.dfeh.ca.gov
• Federal Equal Employment Opportunity Commission (EEOC) (800) 669-4000 or www.eeoc.gov
No Retaliation
The City is committed to ensuring that all employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors who feel comfortable in raising issues regarding conduct that violate this policy without fear of retaliation.
Retaliation is defined as any adverse treatment of an employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor that occurs because that person has reported harassment or discrimination or has participated in the complaint and investigation process. The City's commitment also is intended to encourage City employees to cooperate in investigations of alleged violations of this policy by providing honest, truthful, and complete information without fear of retaliation. Employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors should feel free to report claims of unlawful harassment without fear of retaliation of any kind. The City strictly prohibits any form of retaliation against any employee, job applicant, unpaid intern, volunteer, resident, elected official, appointee, or contractor who, in good faith, makes a complaint, raises a concern, provides information, or otherwise assist in an investigation, complaint or proceeding related to any alleged violation of this policy.
Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. Thus, confidentiality will be maintained to the extent possible. The City will not disclose a completed investigation report, except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
8 Training
The City will provide mandatory training to all employees and to elected officials in accordance with applicable Federal and State law.
Responsibilities
Managers and supervisors are responsible to:
• Inform employees of this Policy.
• Model appropriate behavior.
• Take all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
• Receive complaints in a fair and professional manner, document complaints received, and escalate complaints per this Policy so that they may be investigated and resolved.
• Monitor the work environment and take immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
• Follow up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
• Assist, advise, or consult with employees and Human Resources regarding this Policy and Complaint Procedure. Assist in the investigation of complaints involving employee(s) in their departments as required and appropriate, and, if the complaint is substantiated, recommend appropriate corrective or disciplinary action in accordance with City rules, up to and including termination. • Implement appropriate disciplinary and remedial actions as directed. • Report potential violations of this Policy of which a manager or supervisor becomes aware, regardless of whether a complaint has been submitted, to Human Resources.
• Ensure that required posters are displayed in the workplace.
Each employee and contractor is responsible for:
• Treating all employees, job applicants, unpaid interns, volunteers, residents, elected officials, appointees, and contractors with respect and consideration.
Section I: Introduction PREVENTION OF HARASSMENT AND DISCRIMINATION 1-3
9 • Modeling appropriate behavior.
• Fully cooperating with the City's investigations by responding fully and truthfully to all questions posed during the investigation.
Reporting any act, he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy and as provided in this Personnel Manual.
SECTION II:
EMPLOYMENT AND LEGAL
ADMINISTRATION
#
Section II: Employment and Legal Administration EMPLOYMENT ELIGIBILITY REQUIREMENT 2-1
10 POLICY
In accordance with The Immigration and Control Act of 1986, the City hires only those individuals who are lawfully authorized to work in the United States.
Each new and rehired employee must provide original and current documentation to the City to establish employment eligibility and identification. A completed Employment Eligibility Verification Form I-9 must be furnished to the City within seventy-two (72) hours of date of hire. Providing false documentation or making false statements on the verification form, will be grounds for immediate termination.
Section II: Employment and Legal Administration EMPLOYMENT CATEGORIES 2-2
11 POLICY
Employees are categorized into one of three different types of employment status: regular full-time, regular part-time, and temporary help. For the purposes of the policies included in this Personnel Manual, Councilmembers and Commissioners are not employees. Only the sections pertaining to employee benefits shall apply to Councilmembers. The City Manager is the Executive Officer and Hiring Authority for the City.
CITY EMPLOYMENT STATUS
Regular Full-Time Employee
Employees in this category have successfully completed a probationary period and regularly work a minimum of forty (40) hours per week. Employees in this status are required to participate in the State retirement program (CalPERS), and are eligible to participate in all benefit programs offered by the City subject to the terms, conditions and limitations of each benefit program. For details regarding work schedules and workdays, see Section 2, Hours of Work, Workweek, and Workday.
Regular Part-Time Employee
Employees in this category regularly work less than forty (40) hours per week. Hours may vary and be limited.
Temporary Help
The City may hire temporary help to assist City personnel in the accomplishment of specific projects or business goals. Such temporary help will be hired for less than nine hundred sixty (960) hours each fiscal year.
Temporary employees are paid on an hourly basis and are not eligible to participate in any benefits other than those that are mandated by State and/or Federal laws and regulations. Temporary employee status is not considered for seniority or benefit longevity purposes if the employee is subsequently hired as a regular full-time or regular part-time employee.
MANDATED EMPLOYMENT CLASSIFICATIONS
All City positions are classified as either exempt or non-exempt according to Federal and Fair Labor Standards Act (“FLSA”) legal guidelines.
Exempt Positions
If a position is classified as exempt as defined by FLSA, no overtime compensation will be paid to employees occupying that position.
Section II: Employment and Legal Administration EMPLOYMENT CATEGORIES 2-2
12 Non-exempt Positions
Employees designated as non-exempt are paid on an hourly basis with overtime compensation paid in accordance with the Fair Labor Standards Act (FLSA)
ADDITIONAL EMPLOYMENT CATEGORIES
Disaster Workers
Government Code §3100-3109 designates all public employees as disaster workers in protection of State citizens and resources. As disaster workers, employees are required to serve during a State or local emergency providing disaster service activities as assigned by a City supervisor or manager. Employees will be provided a copy of the City’s Emergency Operations procedures at orientation and additional information from their supervisor.
AT-WILL EMPLOYMENT
Specific positions and groups of employees are considered “at-will.” When an employee is at-will, the City can terminate the employee at any time for any reason.
The following positions, which include both full-time and all part-time employees, are atwill:
• City Manager;
• Assistant City Manager;
• Department heads, City Clerk, and other administrative positions as designated by the City Manager;
• Elective officers;
• Members of appointive boards, commissions, and committees; • City Attorney;
• Persons engaged under contract to supply expert, professional, technical, or any other services;
• Volunteer personnel;
• Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; emergency employee positions include those positions funded through special county, state, or federal employment programs; and • Employees, other than those listed elsewhere in this section, who are not employed in regular full-time positions.
• All part-time employees.
Section II: Employment and Legal Administration PROBATIONARY PERIOD 2-3
13 POLICY
The probationary period is an intrinsic part and extension of the employee selection process during which time the employee will be considered in training and under careful observation and evaluation by supervisory personnel. Probationary employees must show that they can perform the duties of the job without a need for closer supervision and monitoring than is reasonable for the position. Probationary employees must take the initiative to understand policies, regulations, and instructions and are required to deliver quality service on behalf of the City. Probationary employees must work and conduct themselves in a professional manner that is appropriate for the job and that exemplifies the values of the City to other employees, managers, supervisors, and the public.
Periodically during a probationary period, employee performance is evaluated.
For all City employees, except as defined otherwise in an applicable employee agreement (i.e . City Manager, City Attorney), a probationary period consists of the twelve (12) months following the date of hire into a regular appointment. This period can, with notice, be extended up to three additional months at the recommendation of the supervisor and with the approval of the City Manager, or authorized designee. During the probationary period, employment may be terminated with or without cause and with or without notice at any time. There is no grievance or appeals process upon release from probation. The City Manager’s decision is final, and the probationary employee is not entitled to any due process.
Upon promotion, an employee will also serve a twelve-month probationary period (or for a duration specified in an applicable employment agreement), before obtaining regular status in that position. The anniversary date of the employee will be revised to coincide with the date of the promotion. Probationary periods are also required for transfer appointments in a new classification.
At the discretion of the City Manager, a promoted employee under the probation period unable to satisfactorily perform the duties and responsibilities of the promotional position may return to his/her previously held position during or at the conclusion of the probationary period.
Section II: Employment and Legal Administration
POSITION CLASSIFICATION ADMINISTRATION
2-4
14 POLICY
A system of position classifications creates an understanding of the roles, responsibilities and relationships of each job classification within the City and provides options for career advancement
Position classifications are comprised of individual class descriptions.
Class descriptions identify the essential duties, responsibilities, level of authority, knowledge, skills, education, experience, licenses and certifications required to meet the minimum performance standards, for each classification at the City, and relationship to other classifications in the career series, if applicable.
The City Council is responsible for adopting the position classifications and authorizing the number of City positions through Resolutions, from time to time. The City Manager is responsible for ensuring that accurate class descriptions exist for all positions.
PROCEDURE
The City Manager or his or her designee is responsible for the preparation of a class specification for each classification. Class specifications will be updated, maintained, or may be created on a periodic basis as the City Manager determines necessary to properly describe the work performed and to accomplish City's mission, purpose and programs. A Salary Schedule of position classifications will be prepared by the City Manager, and adopted by the City Council.
Changes to job duties and/or specifications must be administered through Human Resources, and approved by the City Manager.
Section II: Employment and Legal Administration PROMOTIONS, DEMOTIONS, TRANSFERS 2-5
15 Employees can transition between allocated positions through one of the following processes:
Promotion
A promotion is the movement of a qualified employee from one classification to a position in a classification having a higher maximum rate of pay. Promotion occurs through the competitive examination process. The appointment of an employee to a "trainee" class where he/she will advance without further competition to a position allocated at a pay level above the employee's current pay range is a promotion. Probationary periods are required for promotional appointments. Compensation for promotions will be handled through the Compensation process outlined in this section.
Demotion
Voluntary demotion is permissible and will be require approval by the City Manager or his/her designee. Involuntary demotion will be handled through the Progressive Discipline Process outlined in this section.
Transfer
A transfer is a change from one position to another in the same class; or a change from a position in one class to a position in another class with an equal maximum rate of pay.
An employee who is transferred must meet the current minimum qualifications for the classification to which he or she is being transferred. Probationary periods are required for transfer appointments in a different classification.
Classification Table
See Appendix 1
Section II: Employment and Legal Administration PERFORMANCE EVALUATIONS 2-6
16 POLICY
Performance evaluations are a constructive, collaborative process used to assess the performance of an employee, and to acknowledge strengths and weaknesses in performance over a prior fixed period. Performance evaluations are also used to establish goals and objectives going forward. Performance evaluations are not disciplinary actions and thus, incidents referred to within a performance evaluation, to the extent they describe performance deficiencies, should not be an employee's initial notice that a performance problem had occurred.
PURPOSE OF PERFORMANCE EVALUATIONS
The purposes of the performance evaluation include, but are not limited to, the following:
To accurately assess the individual employee's performance during the period under review;
• To identify and acknowledge positive elements of job performance; • To identify deficiencies in performance;
• To provide or identify measures to correct such deficiencies; and • To identify potential career development objectives and to provide strategies for achieving those objectives.
PERFORMANCE GUIDANCE
An employee's evaluation will include specific details to inform and guide the employee in the performance of her/his duties. Performance standards are guidelines for performing the duties of a specific job. Supervisors shall include a section in each evaluation containing specific goals for future performance and career development. These aspects of future performance shall be collaboratively developed with the employee.
PERFORMANCE ASSESSMENT FREQUENCY
The performance of each non-probationary employee will be evaluated at least annually, but the importance of regularly conducted evaluations cannot be overstated. Furthermore, the supervisor and employee should meet to discuss the performance periodically.
Supervisors are encouraged to discuss evaluation metrics with the employee and any future goals or performance targets should be specifically addressed. If an employee determines they are unwilling to sign the evaluation, the supervisor shall note the employees' refusal to sign on the evaluation document.
During any new probationary period, an evaluation shall be conducted, no later than six (6) months after the date of hire. At which point, the Director shall determine, based on the evaluation scoring, whether or not the employee shall be placed on a performance Section II: Employment and Legal Administration PERFORMANCE EVALUATIONS 2-6
17 improvement plan (PIP). Based on the results of the PIP, the Director shall decide whether or not the employee is fit to pass probation.
FAILURE TO ISSUE AN EVALUATION
In the event a written evaluation was due but not completed within thirty (30) calendar days of the anniversary date, the employee’s next scheduled step increase will be processed, retroactive to their anniversary date. Performance will be deemed to remain the same unless and until a new evaluation is completed in accordance with this policy.
EMPLOYEE RESPONSE TO AN EVALUATION
Performance evaluations shall not be grievable or subject to disciplinary appeal processes. Within thirty (30) calendar days after receiving a performance evaluation, an employee may write comments, and/or a rebuttal statement pertaining to her/his evaluation or add relevant materials, which may supplement, or enhance the evaluation.
When such written comments or supplemental materials are received by City, they shall attached to the evaluation and placed in the employee’s personnel file.
PLACEMENT IN PERSONNEL FILE
Evaluations shall be placed in the employee personnel file, and thereafter the employee may, within thirty (30) days attach any final comments or rebuttal.
Section II: Employment and Legal Administration COMPENSATION 2-7
18 POLICY
The purpose of the City Compensation Policy is to establish objective guidelines to be used in establishing compensation for City positions. In establishing a compensation policy, the City is balancing its objective to attract, retain, and develop high quality staff with its objective to maintain the financial health and sustainability of the City. Employees will receive compensation pursuant to the Salary Resolution adopted from time to time by the City Council.
FACTORS CONSIDERED IN ESTABLISHING COMPENSATION
In setting compensation levels, the City considers the following factors:
Total Compensation
The City uses total compensation, which includes wages coupled with benefits. Benefits include active employee benefits and post-employment (retirement) benefits. Active employee benefits include examples such as paid vacation, holidays, and sick leave; medical and dental insurance; and related benefits. Post-•employment benefits include pre-tax retirement savings benefits, pension benefits, and post-employment medical insurance. The City considers total compensation to ensure meaningful comparison between other comparable public-sector agencies and to ensure both short and long-term fiscal impacts are considered.
Market Competitiveness
The City recognizes that in seeking to recruit and retain high quality staff, it is competing with other employers within its industry and region. In evaluating compensation levels, the City also evaluates its market competitiveness based on data from the most recent compensation information collected from the compensation survey, and on data about the City turnover and recruitment success.
Cost of Living Adjustments (COLAs)
COLAs are applied to provide uniform adjustments to wage ranges across job categories, with the intent of maintaining the purchasing value of wages under varying regional economic conditions. COLA adjustments are typically linked to standardized regional cost-of-living indices, and are authorized by the City Council.
ADVANCEMENT WITHIN CLASS (MERIT INCREASE)
Employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an overall “meets standardssatisfactory” rating as of their immediately preceding annual performance evaluation(s). Employees may be eligible for next step advancement twelve (12) months from the date of hire or promotion and may occur yearly thereafter until the employee reaches the top of the salary range for his or her classification. Step increases are not Section II: Employment and Legal Administration 2-7 COMPENSATION 2 19
guaranteed. The City Manager shall
effect such advances as he/she may deem advisable based upon the employee's ability, proficiency, and performance within the authorized salary range. (Resolution No. 22:037)
Requests to skip a step in the salary range may be submitted in writing to the City Manager; however, no more than one step may be skipped in a calendar year.
Salary Step Placement
The City Manager may appoint new employees upon hiring at a salary step anywhere within the Salary Range for that classification, based on the qualifications and experience of the new employee.
UPON PROMOTION
Employees who are promoted to a position in a class with a higher pay range, will be entitled to receive the rate of compensation at the lowest level of the class to which they have been promoted. In cases where the pay ranges overlap, compensation upon promotion will be at the rate in the range of the new class that is at least 5% greater than the employee's current rate, provided that it is in the new range. The next higher rate will be determined on the basis of base pay and will not consider any base pay additives. An anniversary date will be established for purposes of eligibility for future step increases and is the effective date of the promotion.
OUT-OF-CLASS ASSIGNMENT
An out-of-class assignment is the temporary assignment of an employee currently in a lower job classification to a higher job classification. An out-of-class assignment will be made in writing by the employee's supervisor or manager and must be approved by the City Manager, or authorized designee in advance of the commencement of the assignment. The employee in the out-of-class assignment will receive the higher pay while performing the duties of a higher classification.
PAY PERIOD AND PAY DAY
All employees are paid bi-weekly in accordance with the payroll calendar designated by the Finance Department.
Paychecks will include earnings for all work performed through the end of the payroll period. If a payday falls on a non-business day, the payday will generally fall on the business day preceding the regular payday.
By law, required deductions must be made in each pay period for federal and State income taxes, and State disability insurance.
Employees may contact payroll and accounting staff should they have any questions about payroll or paychecks. Payroll staff will address employee questions and concerns in a reasonable time frame.
Section II: Employment and Legal Administration COMPENSATION 2-7
20 DIRECT DEPOSIT
The City employees may have their paycheck directly deposited to a financial institution of their choice. The number of bank accounts that can be used for direct deposit at one time is limited by the maximum capacity of the payroll system. A direct deposit authorization form must be submitted to the Finance Department. Two pay periods are required to process the direct deposit.
Section II: Employment and Legal Administration HOURS OF WORK, WORKWEEK, AND WORKDAY 2-8
21 POLICY
A workweek shall be a regularly recurring period of consecutive seven (7) calendar days (168 hours). The beginning and ending of the workweek may vary according to each employee's classification and work schedule. An individual employee’s workweek will be fixed, however the City has the discretion to change the workweek as long as the change is intended to be permanent and not for the purpose of evading overtime payment requirements. All changes to an employee’s designated workweek must be documented in accordance with City procedures and reflected in the official timekeeping system. This policy ensures compliance with applicable wage and hour regulations while supporting operational flexibility across the organization.
Work shifts, days, hours, and periods can be established and modified by the City within the limits prescribed by law, based on operating conditions and requirements. Employees may not change their own regular work schedule without approval. Employees may request a change in work schedule through their manager. The manager will obtain approval from the City Manager, or authorized designee, on the requested change in work schedule. Employees are not permitted to exchange shifts with another employee without the prior authorization of both employees' supervisors. Authorization to exchange shifts will depend on many factors, including interference with City operations, and overtime considerations.
The City may consider approval of an alternate workweek schedule or flexible time for specific positions based on service levels and operational needs. Employees must obtain flexible time schedule approval by the City Manager, or authorized designee. Alternate workweek schedules are based on business need and are not an entitlement and/or vested right.
Regardless of an assigned regular work schedule, with all possible efforts to provide advanced notice, the City has the right to require an employee to work any time before or after the regular workday or regular workweek including weekends, evenings, and/or holidays. Employees may be required to work overtime.
It is understood that the City has established a workweek for each covered employee which meets the requirement of the FLSA and which will not result in overtime compensation as part of the normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. Regardless of the assigned regular work schedule, the City has the right to require an employee to work any time before or after the work of the regular workday or regular work week, including weekends, evenings and/or holidays. Employees may be required to work overtime. All employees shall receive a minimum of two 10-minute breaks and a thirty (30) minute lunch period per workday. Employees are required to be at their designated starting time, in appropriate work attire, ready to work.
Employees are required to record all work time on official City records.
Section II: Employment and Legal Administration OVERTIME 2-9
22 POLICY
Overtime Authorization
All overtime requests must have prior written authorization of the respective supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable.
F.L.S.A. Overtime
Non-exempt employees who actually work more than 40 hours in a designated sevenday workweek shall be paid or accrue compensatory time (at the employee’s discretion) at one and one-half (1.5) times the straight time hourly rate for all hours worked in excess of 40 in any workweek. An employee may elect a preference to accrue compensatory time in lieu of overtime pay. As required by law, overtime pay is based on actual hours worked. For purposes of overtime calculations, paid leave will not be considered as actual hours worked, except for Bereavement Leave and Jury Duty.
Special Events
Non-exempt full-time employees will be paid at the overtime rate for select special events determined by the City Manager or designee, so long as the special event falls outside of the regularly scheduled hours. Under this provision, if an employee takes any unplanned paid leave during the same work week, except for Jury Duty or Bereavement, those hours will be deducted from the number of hours paid for special event overtime in lieu of being deducted from the employee’s accrued leave bank of hours. For example, if an employee signs up to work a special event for 9 hours on Saturday, then calls in sick or takes unplanned vacation for their 9 hour shift the following Monday in the same work week, hours from Monday’s absence will be counted toward the hours worked on Saturday at straight time. However, if the employee has preapproval from their supervisor for planned time off obtained at least one week in advance of the time requested, the employee will be paid overtime for the special event, and they may also use paid leave for the preapproved time off later in the same week.
Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of forty (40) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by 1.5 the regular hourly rate.
A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer.
B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee.
Management may waive the ten (10) day notice in cases of emergency.
Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a Section II: Employment and Legal Administration 2-9 OVERTIME 23 funeral is known.
C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the non- exempt classification.
Call Back Pay
Call back occurs when a full-time employee is requested to report to duty on a nonscheduled work shift. Call back policy is applicable when an employee is requested to return to work, after the employee’s workday is completed and/or prior to when the employee is scheduled to begin their shift. Call back does not occur when an employee is held over from their prior shift or is working planned overtime. If, while on standby, the employee is called back outside their regular work schedule, they shall be paid a minimum of two hours at the overtime rate of pay. If an employee is required to work more than two hours when they are called back, the employee shall be paid at their overtime rate of pay for work beyond the two hours. An employee called back, who is not on standby, shall be paid at their overtime rate of pay. If an employee is called back to duty, their work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. (Resolution No. 22:037)
Standby Pay for Water Operator and Senior Water Operator Water Operator and Senior Water Operator Employees shall be assigned and compensated for Stand-By as follows:
1. Employees shall be assigned standby on a weekly basis, from Monday to Monday.
Employees are assigned standby on a rotating basis.
2. Employees shall be compensated for one hour of standby each day from Monday to Sunday to be paid at the employee’s overtime rate of pay.
3. On Saturdays and Sundays, the employee shall report to work for three hours to be paid at the employee’s overtime rate of pay.
CONDUCT WHILE ON “STAND-BY” DUTY
1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called, and will carry the city issued phone.
2. The employee will remain in a condition that allows them to immediately respond to any emergencies and safely perform their duties.
3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City.
4. In the event of a call back, the employee will wear their uniform, if applicable.
5. At the discretion of the Department Head, employees on stand-by will have use of a City vehicle to travel to and from their houses and call back assignments.
Section II: Employment and Legal Administration ATTENDANCE 2-10
24 POLICY
Consistent attendance and punctuality are important to conducting the City's business, and are, therefore, an essential part of each employee's performance standards. Poor, inconsistent, or irregular attendance can produce disruptive results for City operations, and negatively impact overall productivity and continuity of work.
Attendance records are an objective, measurable element included in each employee's performance.
Employees are expected and required to report to their designated work location at the prescribed time work activity is to commence. Tardiness, unexcused absence, failure to follow appropriate leave notice requirements, and/or failure to report as required may result in disciplinary action, up to and including termination of employment.
If an employee is unable to report to work as scheduled and has not received prior approval from the supervisor to be absent, the employee must speak to his/her immediate supervisor or, if unable to reach immediate supervisor, the department manager, or another supervisor or manager at least two (2) hours prior to the scheduled reporting time or be prepared to provide evidence of extenuating circumstances. If a supervisor or manager cannot be reached, a message may be left with the departmental clerical staff and followed up at the earliest time practical with a call to the immediate supervisor. In all cases of absence or tardiness, the employee must provide the supervisor with the probable duration of absence.
Employees who are absent from work on an approved leave may be required to contact their direct supervisor on a regular basis as determined by the supervisor, to provide information as to their return to work status.
Excessive absenteeism, abuse of leaves, and/or failure to comply with any policy statement in this Personnel Manual related to attendance or leave practices, will be evaluated on a case-by-case basis to determine appropriate management action.
Section II: Employment and Legal Administration RECRUITMENT AND SELECTION 2-11
25 POLICY
The City follows the following qualifications and merit-based procedures when filling positions.
RECRUITMENT AND SELECTION PROCEDURES
The City's employment processes will be conducted in a manner that is fair, efficient, and results in the employment of qualified candidates.
The City will utilize industry best practices for attracting and selecting qualified applicants.
Recruitment techniques may vary depending on the type of position, availability of qualified candidates, economic climate, and other considerations which may exist.
Recruitments will be conducted in accordance with equal employment opportunity principles.
All applications and selection procedure materials are confidential records and will not be returned to applicants. Falsification or misstatement of material facts on application materials or during the selection procedure may result in rejection of the applicant or dismissal of the employee at any time. No applicant information will be asked that is prohibited under any state or federal law.
All selection procedures will be designed to assess the job-related qualifications of each applicant, consistent with merit system principles. The City may utilize industry best practices to determine the qualifications of applicants, including without limitation, written tests, performance tests, physical agility tests, oral examinations, training and experience review, panel interviews, assessment centers, and oral interviews. The City may hold the selection processes itself or contract with any competent organization or individual to prepare and/or administer selections procedures.
When necessary to meet requirements for filling positions, the closing date for any selection process may be indefinite and applicants may be evaluated continuously.
BACKGROUND & MEDICAL VERIFICATIONS
The City has the right to conduct a complete and exhaustive background investigation on all applicants seeking employment, including a criminal background check, where applicable, and a medical and/or psychological examination by City -retained medical practitioners, where deemed appropriate by the City.
DISQUALIFICATION
The City may disqualify any candidate for any legitimate reason. An applicant has no right to grieve or appeal any such actions by the City. Any one or more of the following reasons may result in disqualification:
Section II: Employment and Legal Administration RECRUITMENT AND SELECTION 2-11
26 • Improperly Completed Application: The applicant did not properly or timely complete the application materials.
• Minimum Qualifications: The application indicates on its face that the applicant does not possess or demonstrate the minimum qualifications for the position. • Essential Duties: The applicant is unable to perform the essential functions of the position sought, with or without reasonable accommodations. • Illegal Drugs: The applicant is currently using illegal drugs. • Legal Right to Work: The applicant is not legally permitted to work within the United States.
• False Statements: The applicant has made false statement of any material fact or practiced or attempted to practice deception or fraud in making the application for employment.
• Material Cause: Material cause, in the judgment of the City Manager, is circumstances which would render the applicant unsuitable for the position, including but not limited to a prior resignation from the City, termination from the City or other employer, significant disciplinary action by the City or other employer, or conviction of a crime which has a nexus to and may have an adverse impact on the applicant's ability to perform the job for which the applicant is applying.
Section II: Employment and Legal Administration EMPLOYMENT OF RELATIVES (NEPOTISM) 2-12
27 POLICY
It is the policy of the City not to discriminate in its employment and personnel actions with respect to its employees, prospective employees and applicants on the basis of family relationships. This policy shall apply to all full-time and part-time regular employees, to all temporary City Service Workers and City Temporary employees, and to all individuals working for the City through a temporary services agency.
No employee, prospective employee, or applicant shall be denied employment or benefits of employment solely on the basis of his or her family relationships.
The City may reasonably regulate nepotism for reasons based on supervision, safety, security, or morale. Moreover, the City’s Policy on Nepotism is motivated by business necessity concerns relating to supervision, safety, security, morale and the public’s trust in the agency’s merit-based employment system. The City reserves the right to prevent relatives from working in the same department if the work involves potential conflicts of interest or other hazards that are greater for related parties than for other persons.
Notwithstanding the above provisions, the City retains the right:
A. To refuse to place one relative under direct supervision of another where such has the potential for creating adverse impact on supervision, safety, security or morale.
B. To refuse to place both relatives in the same department, division, or facility where such has the potential for creating adverse impact in supervision, safety, security, or morale, or involves potential conflicts in interest.
A "relative" shall be defined as a son, daughter, brother, sister, parent, grandparent, spouse, registered domestic partner, or a person sharing the same household/cohabitating (in a marriage-like relationship). Half-relatives, step-relatives, adopted relatives, domestic partners as defined by State law, and in-laws are included in these restrictions.
In order to implement the above, and where the above circumstances require, the City may transfer one party to a similar position in another department should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied. No relatives may be hired, transferred or promoted into the same department without the approval of the City Manager.
If continuing employment of employees in a relationship prohibited by this Policy cannot be accommodated consistent with the City’s interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ. In the event of separation, applicable and governing due process procedures shall be applied. (Resolution No. 22:011)
Section II: Employment and Legal Administration PERSONNEL RECORDS 2-13
28 POLICY
Personnel files are confidentially maintained in accordance with federal and State guidelines and may be viewed by City management or supervisory staff as necessary for business operations and as allowed by law.
An employee may inspect his/her own personnel file, upon reasonable notice and during regular business hours, on regular business days. Employees who wish to review their personnel files should request an appointment to do so with Human Resources. Upon written consent from the employee, a representative of the employee may also review an employee's personnel file. Human Resources will arrange a time within one week of receipt of an authorized request to review a file.
Employees may receive copies of any documents placed in their personnel file upon written request. Employees may respond in writing to anything that is in the personnel file, including any negative information, and may request that the response be considered for inclusion in their personnel file. The file is the property of the City. Employees may not remove or add items to their personnel file without City approval and the file must remain in the custody of the City at all times.
PERSONAL AND CONTACT INFORMATION UPDATE
Employees are responsible for notifying Human Resources of changes in name, address, telephone number, driver's license, dependent information for benefit coverage purposes, marital status, beneficiary, education certificates or any other pertinent information related to their service to the City or public disaster worker status.
REFERENCE/CREDIT INQUIRIES
The City is authorized to verify position title and employment dates only. No other reference information will be released unless required by court order or federal or State law. Any other information, including address and phone numbers, may be released only with a written authorization from the employee or former employee. All reference inquiries or legal requests for information regarding City employees should be referred to Human Resources for processing.
Section II: Employment and Legal Administration 2-13 PERSONNEL RECORDSPOLITICAL ACTIVITY 29 Purpose
This policy outlines the City of Paramount’s policy on political activity in the workplace to ensure that City operations remain impartial, professional, and in compliance with applicable laws. As a public employer, the City has an obligation to maintain a workplace free of political influence and pressure while respecting employees’ constitutional rights.
Policy Overview
City employees are prohibited from engaging in political activity during work hours, while on duty, or when acting in an official capacity. This includes, but is not limited to:
• Campaigning for or against any candidate or ballot initiative; • Distributing political literature or promotional materials; • Displaying political signs, buttons, stickers, or clothing in City offices or while interacting with the public on behalf of the City;
• Using City uniform, email, phones, equipment, or facilities for political purposes; • Attempting to influence coworkers or subordinates regarding political beliefs or affiliations.
Permissible Activity
Notwithstanding the provisions set forth in Section 2-14, Subsection (p) of the City’s Personnel Manual, this policy does not restrict employees from:
• Voting or expressing personal political opinions during non-work time; • Participating in political campaigns or activities outside of work hours and outside the workplace, as private citizens;
• Attending public meetings or political events on their own time; • Donating to political campaigns in their personal capacity.
Enforcement
Violations of this policy may result in disciplinary action, up to and including termination, in accordance with the City’s disciplinary procedures.
Employees with questions about what is or is not permissible are encouraged to contact the Human Resources Department for clarification.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
30 POLICY
This chapter applies to all regular full-time and part-time employees. all regular full-time employees except those listed in Section
2.16.040 of the Paramount Municipal Code, as the positions listed in this Section serve at the pleasure of the appointing authority.
Unless otherwise specified, the following constitutes the City's policy regarding disciplinaryactions:
DEFINITION AND OBJECTIVE OF DISCIPLINE
Discipline is the enforcement of conformity to policies, rules and regulations, and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service requirements of the City organization successfully. Disciplinary action is accomplished in such a manner as to be just, equitable, and suited to the situation. The disciplinary action when taken shall be documented in such a manner as to be defensible on appeal and/or review.
CAUSES FOR DISCIPLINE
Regular employees may be counseled, admonished, reprimanded, suspended, demoted, terminated or incur a reduction in pay for any of the following causes of discipline:
(a) Fraud in securing employment or making false statement on an application for employment or on any supporting documents furnished with or made a part of any application.
(b) Incompetency and/or poor work performance, such as failure to comply with the minimum standard of an employee's position for a significant period of time.
(c) Inexcusable negligent duty, such as failure to perform duties required of an employee.
(d) Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position. (e) Acts of dishonesty.
(f) Obscene or lewd conduct.
(g) A deliberate action that endangers the life and safety of another person.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
31 (h) Being under the influence of alcohol or controlled substances while at work, while driving a City vehicle, or consuming, selling, possessing, or manufacturing same while on City premises or while engaged in City business.
(i) Addiction or habitual use of alcoholic beverages, narcotics, or any habit forming drug, so as to interfere with job performance.
(j) Absence without leave, including but not limited to being absent from the workplace without a reasonable excuse.
(k) Conviction of a felony, or a misdemeanor involving moral turpitude, which shall be deemed to include only crimes involving dishonesty or character depravity, which can be proven to relate to the satisfactory performance of the employee's job.
(l) Discourteous behavior. Normally such behavior is grounds for reprimand, but more serious discipline shall be given in event of multiple reprimands.
(m) Aggressive, profane or abusive language, towards a supervisor, employee, or member of the public uttered in a serious, provocative way.
Fighting or threatening violence in the workplace.
(n) Improper or unauthorized use of City property and/or facilities. (o) Unauthorized possession of firearms, weapons, explosives, or hazardous materials.
(p) Any willful act of conduct undertaken in bad faith which either during or outside of duty hours is of such a nature that it causes discredit to fall upon the City, the employee's department or division. Willful failure to maintain proper decorum during working hours causing discredit to the employee's department or division.
(q) Knowingly failing to follow the procedures set forth herein governing grievances when pursuing a grievance.
(r) Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.
(s) Tardiness and/or abuse of accrued leave time.
(t) Theft or inappropriate removal or possession of City property or the property of a fellow employee.
(u) Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation by an employee for the performance of the employee’s assigned duties.
Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
32 (v) Falsification of any City report or record, or of any report of record required to be, or filed by the employee.
(w) Willful violation of any of the provisions of the Paramount Municipal Code, lawful ordinances, resolutions, or any rules, regulations, or policies which may be prescribed by the City Council, City Manager or department head as appointing authority.
(x) The political activities of City employees which do not conform to pertinent provisions of State Law.
This list is not exhaustive, and other conduct may also constitute a cause for discipline in accordance with this policy. Moreover, and notwithstanding any identification of actionable conduct in this list, this policy does not intend to infringe upon and does not infringe upon conduct protected by the Meyers-Milias-Brown Act.
ADMINISTRATIVE LEAVE
A department manager may place an employee on administrative leave with pay pending an investigation or potential disciplinary action. Administrative leave with pay is authorized: 1) when the Department Head believes that the employee's continued presence at the work site could have detrimental consequences for City operations, and/or 2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action will be taken in accordance with this policy.
TYPES OF DISCIPLINE
Department heads and supervisors shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action. A confidential written report shall be made of such conferences and retained by the department head.
The following types of formal disciplinary action are permissible in accordance with the provisions of these rules and regulations.
• Verbal Reprimand: An employee may be verbally reprimanded in private about his/her inappropriate behavior. The Supervisor shall make a brief notation regarding the date and substance of the verbal reprimand in the supervisor file. If an employee’s conduct does not improve, reference to the verbal reprimand will be made in a subsequent written reprimand or performance evaluation. • Written Reprimand: If the inappropriate behavior continues after a verbal reprimand, or if deemed warranted by the Supervisor, the employee will receive written notification indicating the City is dissatisfied with the employee’s services or conduct and that further disciplinary measures may be taken if the behavior is Section II: Employment and Legal Administration PROGRESSIVE DISCIPLINARY PROCESS 2-14
33 not corrected. A signed copy shall be delivered to the Personnel Officer which shall be placed in the employee’s personnel file.
• Suspension: An employee may be suspended without pay for periods not to exceed thirty (30) working days in any one calendar year. • Disciplinary Reduction in Pay: An employee’s pay rate within their pay range and class may be reduced for disciplinary reasons.
• Disciplinary Demotion: An employee may be demoted from a position in one class to a position in another class having a lower maximum pay rate. The demotion may be permanent or temporary.
• Dismissal: An employee may be dismissed from City service for disciplinary reasons.
It is important to understand that, depending on the severity of the misconduct, the City is not required to start with a verbal and/or written reprimand; more significant discipline, including dismissal, may be imposed if warranted.
Section II: Employment and Legal Administration GRIEVANCE PROCEDURE 2-15
34 POLICY
This chapter applies to all regular full-time employees except those listed in Section
2.16.040 of the Paramount Municipal Code. (Resolution No. 22:037)
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee of a misinterpretation, misapplication, or violation of a particular provision of the City policy, rule, or past practice.
This procedure shall not apply to complaints of discrimination, harassment or retaliation.
This procedure shall not apply to performance evaluations or discipline.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance.
Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received.
Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision, and the grievance shall not be subject to further appeal or reconsideration.
All time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee (e) and the designated management representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the Section II: Employment and Legal Administration 2-15 GRIEVANCE PROCEDURE 35 complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the informal procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she shall inform the Assistant City Manager, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below:
FORMAL PROCEDURE
Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) shall initiate the grievance procedure by explaining the situation in writing, with the information prescribed above, to the immediate supervisor of the affected employee(s). The employee(s) waive the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the employee(s) within eight (8) days.
Step Two – Department Director
If the employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant’s Department Director within eight (8) days of the decision of the immediate supervisor. The employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the employee(s), with copies to the Human Resource Director and the City Manager.
Step Three - City Manager/Advisory Arbitration
If the employee(s) is not satisfied with the result of the meeting with the Department Head, the grievant may request the matter be heard by the City Manager or designee or the employee may choose to have the matter heard by an impartial hearing officer (arbitrator).
Section II: Employment and Legal Administration
GRIEVANCE PROCEDURE
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36 Should the matter be submitted directly to the City Manager or designee, he/she shall meet with the employee(s) within eight (8) days of receipt of the grievant’s written notice.
If the employee(s) elects to have the matter heard by the City Manager or designee, the employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Manager shall provide his/her decision, in writing, to the employee(s). The decision of the City Manager shall be final and binding.
If the employee elects arbitration, costs of the arbitration shall be shared equally between the employee and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost.
If the elects arbitration, the City shall request a list of five (5) arbitrators registered with the California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the employee’s request. The employee may delete/strike two names from the list. The City will then select the arbitrator from the remaining names on the list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Manager shall provide his/her decision, in writing, to the employee(s). The decision of the City Manager shall be final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written agreement.
Section II: Employment and Legal Administration APPEALS PROCEDURE 2-16
37 POLICY
Any regular full-time employee in the Competitive Service, who has passed his probationary period, feeling him or herself aggrieved and having not resolved such pursuant to the grievance procedure outlined herein shall, within five (5) business days, have the right to appeal to the City Manager of the notice of disciplinary action to be taken. If the employee fails to submit a timely written appeal, the disciplinary action will be final and binding. The City Manager shall select an independent hearing officer who shall set a hearing on the appeal not more than forty-five (45) business days from the date of the filing. The City Manager shall review the hearing officer’s conclusions, findings, and facts prior to deciding whether or not to uphold the disciplinary action.
Written notice of the City Manager’s decision shall be given to the employee. The City Manager’s decision shall be final.
Section II: Employment and Legal Administration RESIGNATION/SEPARATION 2-17
38 POLICY
Resignation
An employee wishing to resign is asked to submit a written notice ten (10) working days prior to leaving. The notice should include the reasons for resignation and the effective date.
Layoff
Pursuant to Section 2.16. 120 of the Paramount Municipal Code, the following criteria shall supplement Section 2.16.120 and will be utilized in establishing the “order of layoff”:
A. “Length of service” shall be determined by an employee’s length of full-time employment as a City employee. Seniority will be measured from an employee’s most recent date of hire as a full-time employee; however, any period of unpaid leave of absences in excess of thirty (30) calendar days shall be deducted from the employee’s total full-time service, except where the deduction of such leave is prohibited by State and Federal law.
B. The “order of layoff” shall be determined within each Department. If a Department has more than one Division, then the “order of layoff” shall be determined within each Division.
C. Any employee who is subject to layoff shall have no right to bump, transfer, and/or demote to another position in the City.
D. The City Manager, in conjunction with the Department Head, may make the determination that an employee with lesser seniority has special “skill, ability, and job performance.” Therefore, this policy does not preclude the retention of employees who have less seniority to other employees within the classification for which the reduction in force action may be taken.
E. In conjunction with the “fourteen (14) days prior notice,” the City may place employees selected for layoff on paid administrative leave.
F. The City Council may, at its sole discretion, establish severance packages for those employees selected for layoffs.
Return of City Property
All employees who are separating from City employment are required to return all equipment, keys, ID cards, emergency passes, uniforms, City-related login credentials and other City property prior to leaving the City on the last day of work.
Section II: Employment and Legal Administration HOLIDAYS 2-18
39 POLICY
Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided with the following holidays with pay based on the number of hours constituting a regular working day, subject to the provisions below:
1. January 1st - New Year’s Day
2. The 3rd Monday in January – Martin Luther King, Jr. Day
3. The 3rd Monday in February – President’s Day
4. March 31st – Cesar Chavez Day*
5. The last Monday in May – Memorial Day
6. June 19th - Juneteenth
6. July 4th – Independence Day
7. The first Monday in September – Labor Day
8. November 11th – Veterans’ Day
9. The 4th Thursday in November – Thanksgiving Day
10. The day after Thanksgiving
11. December 24th – Christmas Eve
12. December 25th – Christmas Day
13. Such other days as may be designated as holidays by the Mayor and City Council of the City of Paramount
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to employees. The City Manager and City Council may approve a holiday switch to a different date if requested by employees. *In FY 254-265, the City will not observe Cesar Chavez Day (March 31, 20265) as a holiday. Instead, that holiday will be transferred and observed on FriMonday, December 263, 2025, applied as 8 hour holiday leave to match the Friday work day schedule.4.
C. Additional Holidays may be approved by the City Council.
D. When an employee is required to work on an Actual or Recognized Holiday, the employee shall be paid for the holiday and compensated at the overtime rate of one and one-half times regular pay for hours worked, or shall receive time off during regular working hours equal to the actual number of hours worked on the holiday(compensatory time). If an employee works both the Actual Holiday and the Recognized Holiday, the employee shall receive overtime or compensatory time for only one of the two days, and straight time for the other day, at the discretion of the Department Director. Prior to working on the holiday, the employee shall determine from the Department Head whether compensation shall be in the form of overtime or compensatory time. This holiday policy does not apply to exempt employees. (Resolution No. 22:037)
Section II: Employment and Legal Administration
GRIEVANCE PROCEDURE
2-15
40 PURPOSE
It is the City’s practice to institute policies that are current with industry standards and promote fiscal responsibility. This policy provides employees with an equitable process to bank holiday leave hours that cannot be used due to scheduling reasons, while ensuring the City remains fiscally prudent. Personal Holiday banked hours are intended to be used within the same year and not be carried over in perpetuity. This policy also provides a reasonable formula for employees to gradually draw down their previously banked Personal Holiday hours.
POLICY
Full-time regular employees may bank personal holiday hours (“Personal Holiday”) if a paid holiday lands on their Regular Day Off (RDO) to be used during the same pay period, or banked to be used at a later date, in accordance with this policy.
Effective July 1, 2023, new Personal Holiday hours banked after July 1, 2023 will be placed in a Personal Holiday bank and must be used by the last pay period of each fiscal year or they will be lost. Every July 1, employee Personal Holiday banks will reset to zero (0) hours.
Employees are eligible to use personal holiday as it is banked. Personal Holidays hours will be scheduled to ensure continuous and efficient departmental operations, operational safety, and to meet overall business goals and objectives. Employees shall request use of personal holiday a reasonable time in advance of the proposed use of the personal holiday.
Draw Down, Payout, and Archive Banked Hours
Any employee with a bank of Personal Holiday over 80 hours on July 1, 2023, will be paid out all hours above 80 at regular straight time rate of pay no later than the second pay period July 2023; or employees may elect to be paid out and have a balance as low as 40 hours.
These employees may also elect to have a portion or all of their hours paid out deposited into the City’s Defined Contribution Plan (i.e. 457(b)) in accordance with federal regulations as described below.
Employees with a remaining balance after being paid out will have their remaining hours placed into a separate grandfathered bank (“Archive Bank”) and will be required to use their remaining balance of hours pursuant to the draw down plan below:
• Balance between 41 – 80 hours: Each employee who has between 41 to 80 hours will have one (1) year to use their Archive Bank of hours above 40, or they will lose them. Employees will begin July 1, 2024 with no more than 40 hours.
Section II: Employment and Legal Administration 2-19 PERSONAL HOLIDAYS 41 • Balance between 1- 40 hours: Employees who have a balance between 1 to 40 starting on July 1, 2023 may keep those hours in their Archive Bank where they may use these last 40 or less hours at any time during their employment with the City without expiration. These final 40 or less Archive Bank hours will not have any monetary value and will not be paid out, with the following exception. • Separation of employment within two (2) years: Any employee who separates from employment with the City through June 30, 2025 will be paid out their entire unused Archive Bank upon separation at their rate of pay at the time of separation.
Good Faith Effort to Grant Personal Holiday Leave
Supervisors shall work with employees in good faith to grant requested Personal Holiday leave before the end of each fiscal year in order to comply with this Policy, including the aforementioned Archived Banked hours. In rare circumstances, an employee’s request for leave may be denied due to operational needs. If newly banked Personal Holiday hours (those banked after July 1, 2023) are unable to be used prior to the end of the same Fiscal Year they are banked after earnest effort to use them, the Director may submit a request to the City Manager for the hours to be paid out in the first pay period of the following Fiscal Year.
Section II: Employment and Legal Administration VACATION 2-20
42 POLICY
Full-time regular employees will earn paid vacation time from the first month of employment on a pay-period basis, accrued with the following schedule:
• Less than five (5) years of continuous service: Each employee working in continuous service of less than five (5) years shall earn 80 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked. • Five (5) or more years of continuous service: Upon completion of the fifth year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 120 hours of paid vacation per year.
Vacation shall be earned on a prorated basis for time worked. • Ten (10) or more years of continuous service: Upon completion of the tenth year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 160 hours of paid vacation per year.
Vacation shall be earned on a prorated basis for time worked.
Upon hiring, new employees with prior public service may request to be placed in a higher vacation accrual schedule, not to exceed currently adopted maximum levels, based on the years of service at their most recent employer, at a year-for-year transfer rate, at the discretion of the City Manager.
After November 1, 1996, each employee may accrue a maximum of 240 hours of vacation. Each employee may retain vacation accrued but not used on or before November 1, 1996. Once an employee's accrual reaches the stated maximum, additional vacation will not accrue until an employee's total accumulation level (accrued vacation balance) is below the stated maximum.
Upon separation of employment with the City, all unused accrued vacation will be paid at the employee's current rate of pay.
Upon rehire, employees will begin to accrue vacation according to the above schedule with no carry-over of previous years of eligible service.
Section II: Employment and Legal Administration 2-20 VACATION CASH OUT PROGRAM CASH
43 USE OF VACATION
Employees are eligible to use vacation as it is accrued. Vacations will be scheduled to ensure continuous and efficient departmental operations, operational safety, and to meet overall business goals and objectives. Whenever possible, vacation approvals will be made consistent with the employee's request. All vacations are subject to cancellation in cases of emergency conditions. If a City holiday occurs during vacation leave, the employee's vacation accrual will only be charged for non-holiday workdays. • Employees shall be eligible to use vacation as it is accrued • Employees shall request use of vacation a reasonable time in advance of the proposed use of the vacation as designated by the City Manager or his designee.
Section II: Employment and Legal Administration
VACATION
2-20
44 PUROSE
The purpose of the Vacation Buyback Program is to encourage employees to use their accrued vacation hours to promote a life-work balance. This policy will incentivize those who use vacation hours throughout the year by allowing them to cash out a portion of their remaining accrued vacation balance.
Beginning in November 2024, and each November thereafter, full-time employees who wish to cash out vacation hours in the next calendar year, shall make an irrevocable election and submit it to the City, in writing, no later than November 1. Employees may cash out up to sixty (60) hours that they may accrue the next calendar year for the irrevocable election. The City shall make a form available to employees to make the irrevocable election no later than October 15 of each year. In order to be eligible to participate in the vacation buyback program, employees must have taken at least eighty (80) hours of vacation during the calendar year (of the vacation buyback election). Any cash out of vacation leave will not cause the employee’s total amount of accumulated vacation in their vacation bank to fall below 180 hours.
Employees who do not submit an irrevocable election form by November 1 will be deemed as foregoing participation in the optional annual vacation buyback program for that following calendar year.
The payment will be made via a separate check or direct deposit during the second payroll in February.
The vacation buyback program is not a recognition or reward program.
Income from the vacation buyback program does not constitute annual salary for the purposes of retirement calculations
In the event an employee has less hours in their vacation bank eligible for cash out at the time the cash out is to be paid than they had previously elected to cash out, then the employee shall only be paid up to the eligible amount remaining in their vacation bank at the time of their actual cash out by February 15 of each year. (Resolution 24:022) Section II: Employment and Legal Administration SICK LEAVE 2-21
45 POLICY
All regular employees and employees who are in their probationary period shall be granted sick leave as determined by the following rules:
• All regular full-time employees and full-time employees who are in their probationary period shall be granted sick leave at the rate of 96 hours for each 12 months of the employee’s active service. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum of 480 hours.
• Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of fifty percent (50%) of the employee's current pay rate, unless the employee’s retirement date is within 30 days of December 31st. In which case, the employee will be paid in full at his or her current pay rate.
• All regular part-time employees shall be granted forty (40) hours of paid sick leave at the time of employment and at each new fiscal year. No sick leave with pay may be taken until the 90th day of employment.
• Part-time employees will be limited to forty (40)hours of sick leave use in each fiscal year during their employment. Part-time employees shall not be compensated for unused sick leave upon separation of employment. • Any balance remaining from the 40 hour sick leave bank, as of June 30, 2026, shall be rolled over to the following fiscal year, at a maximum rollover of 20 hours. • When promoted to a full-time position, that part-time employee’s sick leave balance will be cashed out their part-time rate of pay.
• All employees eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. "Family member" is limited to:
a. A child, for purposes of these provisions, means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
b. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
Section II: Employment and Legal Administration
VACATION
2-20
46 c. A spouse
d. A registered domestic partner
e. A grandparent
Section II: Employment and Legal Administration SICK LEAVE 2-21
47 f. A grandchild
g. A sibling, or
h. Designated person
2. Enforced quarantine of the employee in accordance with community health regulations; or
3. The death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-in-law, brother-in-law, mother- in-law, or sister-in-law of the employee's, regardless of residence. Accrued vacation may also be used for bereavement purposes for members of the immediate family.
4. For an employee who is the victim of domestic violence, sexual assault, or stalking, the reasons described in subdivision (c) of Labor Code Section 230 and subdivision (a) of Labor Code Section 230.1.
• Any employee on sick leave shall inform their supervisor of the fact and the reasons thereof within two hours of the beginning or their work shift of each sick day, unless otherwise agreed, and failure to do so may be cause for denial of sick leave with pay for the period of absence and may be cause for disciplinary action. • Eligibility of sick leave shall commence when accrued, except for part-time employees who have not been employed for at least 90 days. • Observed holidays occurring during sick leave shall not be counted as days of sick leave.
• Upon retirement through the Public Employees' Retirement System (PERS), layoff, or death, any unused accumulated sick leave shall be paid to the employee, or in the event of death, to the employee's rightful heirs at the rate of one hundred percent (100%) of the employee's current pay rate.
• Upon termination, either voluntary or non-voluntary, other than retirement, lay-off, or employee's death, sick leave shall be lost and not compensated for whatsoever. • Employees are required to submit to their supervisor proof of illness from a licensed physician upon missing three (3) consecutive days of work.
Section II: Employment and Legal Administration
SICK LEAVE
2-21
48 • The City Manager may require an employee who is out sick, to furnish proof of disabling sickness or illness in the form of a physician’s notice or certificate at any time if the employee is suspected of abusing or misusing sick leave. Employees off of work may be subject to the successful completion of a fitness for duty examination prior to returning to work at the City’s expense.
Section II: Employment and Legal Administration 2-22 MENTAL HEALTH DAY 49 A paid mental health day is a day off work (eight hours for employees on a 5/40 schedule and nine hours for employees on a 9/80 schedule) for an employee to prioritize their wellbeing and address any mental health challenges they may be facing. This designated day off provides an opportunity for employees to engage in self-care activities tailored to their needs, whether it involves relaxation, seeking therapy, practicing mindfulness, or simply taking a break from the demands of daily life. The need for a mental health day can stem from various sources beyond the workplace environment. External stressors like chronic illness, family obligations, financial pressures, or personal crises can significantly impact one’s mental health, underscoring the importance of having dedicated time to recuperate and recharge. The City remains committed to fostering a culture of understanding and compassion, ultimately promoting greater overall well-being among its workforce. (Resolution No 24:022)
ELIGIBILITY
All regular full-time employees shall be granted one (1) mental health day every fiscal year, beginning on July 1st.
PURPOSE
A mental health day can be used for:
• Therapy and related appointments;
• Recovery from physical/mental illness or injury;
• Unplugging and taking the day off to unwind.
Full-time employees may also use their sick leave accruals for mental health issues. Please note: Employees are required to submit proof of illness from a licensed physician upon missing three (3) or more consecutive days of work.
Leave Request:
Employees must request to take a mental health day in a reasonable time in advance of the proposed mental health day. A supervisor, in their discretion, may approve a mental health day request if the employee submits the request within two hours of the beginning of the employee’s work shift. Failure to provide reasonable advance notice may result in denial of the mental health day.
Additional Information:
• A mental health day is not an accrued benefit and will not be carried over beyond June 30 of each fiscal year.
• A mental health day has no cash value and will not be cashed out at the time of separation or retirement.
• A mental health day cannot be used in conjunction with vacation days, personal holiday hours, and/or compensatory time off.
• A mental health day must be used as an entire day off, not incrementally or partial days.
Section II: Employment and Legal Administration EXECUTIVE AND MANAGEMENT LEAVE 2-23
50 POLICY
Executive and Management Leave
To help enhance the outcome of recruitment efforts, the City Manager may provide new eligible employees up to an additional twenty (20) hours of Executive and Management Leave, one time. Additional Executive and Management Leave in excess of sixty (60) Executive Leave hours or forty (40) Management Leave hours is not allowed beyond the first Fiscal Year of employment. The option for an additional twenty (20) hours of Executive or Management Leave as incentive for new hires will be reviewed on a case by case basis, taking into account current labor market trends.
Executive Staff members, consisting of the City Manager, Assistant City Manager, Department Directors, and City Clerk, shall be entitled to Executive Leave consisting of 640 hours of paid time off. Executive Leave is not an accrued benefit and may not be carried-over beyond the end of the last day June. Executive leave is a “use it or lose it” benefit based on the payroll fiscal year. The payroll fiscal year begins the first day of pay period one and ends at the end of the last day of June. The full sixforty (640) hours/five (5) days are available to a member of the Executive Staff as soon as he/she is appointed to an Executive Staff position as defined above. Upon separation from the City, Executive Staff members will not be paid out executive leave.
Upon hiring, the City Manager may provide new Executive Staff employees up to an additional twenty (20) hours of Executive Leave, one time, beyond the standard sixforty hours, not to exceed a total of eighsixty (860) hours for the first Fiscal Year. Additional Executive Leave in excess of sixforty (640) hours is not allowed beyond the first Fiscal Year of employment. The option for an additional twenty (20) hours of Executive Leave as incentive for new hires will be reviewed each year during the annual Budget Adoption, taking into account current labor market trends.
(40) Management Leave
Specific exempt positions as listed below are entitled to Management Leave consisting of 40 hours of paid time off. Management Leave is not an accrued benefit and may not be carriedover beyond the end of the last day June. Management Leave is a “use it or lose it” benefit based on the payroll fiscal year. The payroll fiscal year begins the first day of pay period one and ends at the end of the last day of June. The full forty (40) hours are available as soon as he/she is appointed to one of the exempt positions as defined below. Upon separation from the City, management leave will not be paid out.
• Assistant Directors
• Managers
• Water Superintendent
• Senior Accountants
• Senior Services Program Supervisor
Section II: Employment and Legal Administration 2-21 EXECUTIVE LEAVE 51 • Community Services Supervisor
• Maintenance Supervisor
• Code Enforcement Officer Supervisor
•
• Associate Planner
• Management Analyst
Section II: Employment and Legal Administration REASONABLE ACCOMMODATIONS 2-24
52 POLICY
As a reasonable accommodation to assist an employee in returning to and resuming the duties of his/her position, the City may authorize modified duty for a temporary and limited period of time. Temporary modified duty assignments may occur when a regular employee has been medically released for limited work based on specified restrictions.
The City will require the disabled employee to provide Human Resources with the treating physician's statement of work restriction(s) or a status report specifying the employee's anticipated date of return to modified or full duty. When an employee is assigned temporary modified duty, he/she will be compensated for hours worked at the regular rate of pay established for the class of work performed. If an employee is assigned to modified duty less than full-time, compensation for hours worked may be supplemented by accrued sick leave, partial workers' compensation disability payments, or other available leave accruals. Except where prohibited by law, the City reserves the right to have employees examined by a City designated physician at no cost to the employee prior to authorizing modified duty.
Temporary modified duty assignments are intended to assist an employee to return to work while recovering from an injury and/or illness and are not intended to be a permanent accommodation.
Typically, a modified duty assignment may be approved for up to twelve (12) months, if possible. After twelve (12) months, an employee must either be released for full duties, or enter an interactive process to determine if additional appropriate accommodations are necessary and available.
Fitness for Duty Examination
Employees who are chronically unable to perform their assigned duties may be required to undergo a fitness for duty examination. The purpose of the examination is to determine the employee's ability to perform the essential functions of the position. The City will assume the costs of the examination.
Section II: Employment and Legal Administration LEAVES OF ABSENCE 2-25
53 POLICY
In addition to the practices described regarding the use of paid leave benefits (holiday, vacation, sick), employees may request and/or be entitled to leave for a range of specific reasons.
Leave of Absence without Pay
The City Manager may grant leaves of absence up to one year without pay to any regular full-time employee if the circumstances of the particular case warrant such action. During all such leaves of absence the employee shall not be considered as being on active service and shall not accrue any service time calculated benefits. Such an employee who wishes to continue health insurance coverage may do so at his/her expense at the City's group rates, up to one year. The employee should contact Human Resources for the necessary forms.
Unless specified otherwise elsewhere in this Policy or federal or State law dictates otherwise, vacation, sick leave and holiday benefits do not accrue during periods of unpaid leave of absence.
Failure to return to work on the scheduled workday following the expiration of a leave of absence will be a voluntary resignation.
An employee must request a leave of absence for personal leave or protected leave. The written request must be made in writing, at least thirty (30) days in advance of the desired leave date, if possible, and specify the reason for the leave and the length of time requested.
All regular, full-time employees may request to use the leave provisions outlined below, subject to the approval of the City Manager, or authorized designee. A brief description of all legally entitled leaves is listed following this section.
ADDITIONAL CITY-PROVIDED TYPES OF LEAVE
Bereavement Leave
All regular full-time employees and full-time employees who are in their probationary period shall be entitled to three (3) days of bereavement leave with pay upon the death of a member of the employee's immediate family. "Immediate family" is limited to any relative of blood or marriage who is a member of the employee's household, under the same roof, and any parent, grandparent, spouse, registered domestic partner, child, brother, sister, father-in-law, brother-in-law, mother-in-law, or sister-in-law of the employee, regardless of residence. Such bereavement leave with pay shall not be deducted from sick leave. Upon exhaustion of this bereavement leave, employees may use other types of leave in accordance with this manual. Additionally, all part-time employees are entitled to three (3) days (fifteen (15) hours maximum) of bereavement leave with pay once per year for a member of the employee’s immediate family.
Section II: Employment and Legal Administration LEAVES OF ABSENCE 2-25
54 Common Legally-Entitled and Protected Leaves
Federal and state laws and government codes protect employment and provide policy guidance for many types of leaves. The following section provides the City's policy statement and an introduction to some common protected leaves. Generally, protected leaves do not include pay unless the City’s policies provide for paid leave. More information about protected leaves can be obtained by visiting or speaking to a supervisor or manager or Human Resources. Employees may also look up the cited legislation or code referred to for each type of leave below.
Family and Medical Leave Act (FMLA 29 U.S.C. 2601)
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Employees are eligible for leave if they have worked for their employer at least 12 months and at least 1,250 hours over the past 12 months.
These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
• For the birth and care of the newborn child of an employee within one year of birth; • For placement with the employee of a child for adoption or foster care; • To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition;
• To take medical leave when the employee is unable to work because of a serious health condition;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
Kin Care or Healthy Workplaces, Healthy Families Act (CA Labor Code 233-234) The California Healthy Workplaces Healthy Families Act of 2014 allows employees to use up to one-half of their annual sick leave allowance to care for a "family member." However, the City allows employees to use the entire sick leave allowance to care for a "family member" if necessary.
Family members are defined as the following:
• Child - a biological, adopted, foster, step, legal ward, or child to whom employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status restrictions
2-25
LEAVES OF ABSENCE
Section II: Employment and Legal Administration
55 • Parent- biological, adoptive, foster parent, stepparent, legal guardian, or a person who was in loco parentis when the employee was a minor
• Spouse/Registered Domestic Partner/Grandparent/Grandchild/Sibling • Designated Person - The designated person can be “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” Employee must identify the “designated person” – at the time they request leave.– one designated person per 12-month period
Pregnancy Disability Leave Law
Employees who are disabled because of pregnancy or childbirth or a related medical condition are entitled to pregnancy disability leave of up to 17 1/3 weeks in accordance with the California Pregnancy Disability Leave Law (Government Code §12945).
Requests for pregnancy disability leave under California Pregnancy Disability Leave Law require certification of a treating physician.
An employee is "disabled" if, in the opinion of her health care provider, she is unable, due to a pregnancy related disability, to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons.
Absence from work due to pregnancy-related disabilities is treated the same as absence from work due to any other physical disability, and the employee will be required to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave or compensatory time off for any portion of the unpaid leave.
Military Leave
Military leave shall be granted to any regular full-time employee or full-time employee who is in their probationary period in accordance with the Military and Veteran's Code of the State of California and as amended. Employee shall ensure that his/her supervisor receives advance written or verbal notice of military service.
Reproductive Loss Leave
SB 848 adds Govt. Code Section 12945.6 grants an employee's request for leave following a “reproductive loss event” which is defined as "the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction." The bill requires that the employee provide otherwise confidential information about the loss event.
An employee is entitled to take up to five days of reproductive loss leave, which need not be consecutive. If an employee experiences more than one reproductive loss event within a 12-month period, the employer may cap leave time at 20 days within a 12-month period.
JURY DUTY
2-30
56 A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to ten (10) work days based on City Hall schedule at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their Supervisor, either in person, verbally, voicemail message or in writing (electronic), on the day they are released from their jury duty obligations.
C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the city and the employee shall be entitled only to the court’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m.
Monday thru Friday while the employee is serving on jury duty. This temporary workweek reassignment shall be for the balance of the scheduled workweek.
Reassignment of duties may also be made to maximize an employee’s productivity prior to, and following release from jury duty.
E. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be entitled, at the employees’ option, to use any accrued leave time, other than sick time, during the period of extended jury service.
The employee shall continue to receive all paid benefits, and shall continue to accrue eligible leave benefit.
2-27
CATASTROPHIC LEAVE
Section II: Employment and Legal Administration
57 POLICY
The City offers a Catastrophic Sick Leave-Donation Program to give employees a chance to support their co-workers who are facing major unforeseen and catastrophic circumstances. The program allows employees to provide assistance to other employees of the City in the form of donated sick time. While the program establishes a procedure for donation, participation is entirely voluntary.
An employee shall be faced with, or have incurred, either a catastrophic illness or injury to be eligible for this program. Human Resources shall determine individual eligibility status. "Catastrophic" means: the employee is unable to perform the duties of his position because of a serious illness or accident or will require a lengthy recovery; there is a serious illness or accident which will require a lengthy recovery in the employee's immediate family; or there is a death in the employee's immediate family.
The employee requesting the donation of vacation, sick or compensatory time hours must have reached zero balances during the illness or recovery period to be eligible. The maximum hours the employee may use will not exceed 60 days per 12-month-period.
Human Resources and the Department Manager will evaluate each request. Under no circumstances may an employee use a number of hours for a pay period that exceeds his or her regularly scheduled hours.
The employee who donates the hours (''the donor"):
1. Must have sufficient hours to donate;
2. Must maintain a balance of at least a sum of 40 hours of their own accrued time in each of their accounts;
3. Shall not have any portion of the hours returned to him/her once the donated hours are placed in the donation account; and
4. Must relinquish all claims to the donated hours in the future and upon separation of employment with the City.
2-28
TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
58 POLICY
The City will ensure that its employees adhere to the principles of fiscally responsible expenditure of public funds. Travel expenses and reimbursements will be made only for legitimate expenditures incurred while conducting official City business in compliance with IRS regulations and this Policy.
This Policy provides appropriate and necessary parameters to all employees on the use and expenditures of City resources, as well as the standards against which those expenditures will be measured.
Travel Expenses Allowance
All regular full-time employees with prior approval by the City Manager or his or her designee, shall be eligible for a travel expense allowance as specified by the following:
• Local Travel: Expense claims for use of private automobiles must be submitted to the City Manager or his or her designee. Such use will be reimbursed at the standard mileage rate for all business miles as determined by the Internal Revenue Service.
• Out-of-Town Travel: If, in the judgement of the City Manager or his or her designee, the estimated expense for contemplated travel out-of-city is too high to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount to the employee. • Use of personal cars for trips out of the metropolitan area may be approved by the City Manager when use of commercial transportation is not practical. Mileage compensation is not to exceed air fare cost.
• Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip. Expenses for meals will be reimbursed at actual cost.
Reimbursable Expenses
Reimbursable expenses must be beneficial to the City and have a public interest and purpose resulting, or tending to result, in an increased efficiency in City administration and a more complete understanding of the operations of the City.
Approval should be obtained from a manager for all travel of more than one day, along with an estimate of costs.
2-28
TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
59 If an employee finds it necessary to incur reimbursable expenses on the City's behalf, it is preferred that employees first utilize their City credit card and then a personal credit card or other personal funds. Reimbursement may be obtained by filing all itemized receipts. Reimbursements for $100.00 or less will be made from petty cash.
Travel Advance
The City may also advance estimated travel expenses to employees if requested to minimize an employee's reimbursable out of pocket expenditures. Cash advanced for meals and general expenses when attending meetings, conventions, and similar group conferences shall not exceed two (2) days more than the length of the conference.
Lodging
Overnight stays will be authorized if an event requires an extraordinarily long workday or if the event occurs over multiple days and is more than fifty (50) miles from home or work.
A maximum of one-night stay for every day of the conference is allowed. The allowable hotel expense is the cost of the conference hotel or less, or the nearest "reasonable" accommodations.
Meals
The City follows IRS guidance to determine per diem meal reimbursement limits. The meal reimbursement schedule can be found on the U.S. General Services Administration (GSA) website at rates. Rates are updated on October 1 each year.
The City will pay only the actual cost of meals up to the GSA maximum published per diem meal reimbursement limit. Costs exceeding the limits will be borne by the employee.
Only itemized receipts for meals will be accepted/considered for reimbursement. Hotel bills itemizing room charges for meals are not considered itemized receipts. A separate receipt itemizing eligible food expenses is required.
It is expected that employees will use good judgment in the request for per diem meal reimbursement. The City will not reimburse for alcoholic beverages.
APPROVED AND NON-APPROVED EXPENSES WHILE ON TRAVEL STATUS Expenses not included here will be reimbursed at the discretion of the City Manager or authorized designee.
2-28
TRAVEL AND OTHER EXPENSE REIMBURSEMENT
Section II: Employment and Legal Administration
60 Approved for
Reimbursement
Not Approved for
Reimbursement
Discretionary Items
for Reimbursement
Registration
Lodging
Luxury or
unreasonable expenses:
Dry Cleaning
Reasonable Baggage
Charges
Transportation/Mileage Laundry
Airports/Shuttle Parking Entertainment
Meals In-Room Movies
Receipted Parking Fees Recreation
Official Phone Calls Clothing
Daily Internet Services Charge
Bridge Tolls
Hotel Parking
Alcoholic Beverages
Expenses for personal
extensions to the business
trip including vacation
days added to the trip
EXPENSE REPORT
An Expenditure/Expense Report must be submitted within thirty (30) days of return from authorized travel. Any balance of travel advance must be returned upon returning from travel.
The City Manager, or authorized designee may disallow any item of expense reimbursement if it appears improper, is not in compliance with this Policy, or is unsupported by appropriate documentation. The City Manager, or authorized designee will settle disputes related to expense and/or travel reimbursements and his/her decision is final, except that employees may exercise grievance rights as provided by an applicable employee agreement and/or the City Grievance Procedure Policy 2-29
TUITION REIMBURSEMENT
Section II: Employment and Legal Administration
61 POLICY
All regular full-time employees and full-time employees who are in their probationary period who undertake courses of study which will directly benefit their positions with the City may be reimbursed in whole or in part for textbooks, tuition, and any approved miscellaneous expenses upon completion of the term in which enrolled per fiscal year. Courses should be preapproved by Human Recourses as soon as possible following enrollment to ensure the Courses are eligible for reimbursement. Reimbursement shall be made at the rate of tuition charged at California State University Dominguez Hills for courses on the semester system.
Employees enrolled in a college or university course must achieve a grade of “C” or higher in order to be considered for reimbursement. A copy of transcripts demonstrating passing must be provided with the request for reimbursement.
A maximum of $230,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible full-time citywide employees will be reimbursed on a “first come, first served” basis. Once the budgeted amount has been exhausted within the fiscal year, there will be no other reimbursement considerations made. Any remaining allocated funds will not carry over to the following fiscal year. (Resolution No. 22:037) Additionally, all part-time employees who have three (3) or more years of employment with the City of Paramount who undertake courses of study which will directly benefit their positions with the City may be reimbursed in whole or in part for textbooks, tuition, and any approved miscellaneous expenses upon completion of the term in which enrolled per fiscal year.
Courses should be preapproved by Human Recourses as soon as possible following enrollment to ensure the Courses are eligible for reimbursement. The City may approve up to $1,000 per part-time employee for tuition and/or books. Employees enrolled in a college or university course must achieve a grade of “C” or higher in order to be considered for reimbursement. A copy of transcripts demonstrating passing must be provided with the request for reimbursement.
A maximum of $230,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible part-time citywide employees will be reimbursed on a “first come, first served” basis. Once the budgeted amount has been exhausted within the fiscal year, there will be no other reimbursement considerations made. Any remaining allocated funds will not carry over to the following fiscal year. (Resolution No. 24:022)re 2-30
EMPLOYEE BENEFITS
Section II: Employment and Legal Administration
62 POLICY
All regular full-time employees and full-time employees who are in their probationary period and their dependents will be covered under the City’s medical, dental, and vision insurance policies. All regular full-time employees and full-time employees who are in their probationary period will be covered under the City’s life and short-term and long- term disability insurance policies, in addition to many other benefits listed below. These benefits may be increased or decreased from time to time. The City reserves the right to change carriers and/or eliminate or reduce any type of coverage at its absolute discretion.
EMPLOYEE BENEFITS
Health Insurance
City will pay 85% of the premium cost for each employee’s own medical coverage, plus 85% of the cost of eligible dependent coverage, for plans provided through CalPERS.
Dependent coverage shall include spouses, children or legal ward, and domestic partners legally registered with the State of California. The City’s 85% contribution is inclusive of the minimum required employer contribution as determined by CalPERS each year pursuant to Government Code section 22892. The statutory minimum employer contribution is $158 per month in calendar year 2025.
All regular full-time employees and full-time employees who are in their probationary period who have comparable coverage through an alternative medical plan may elect to opt out of medical coverage and receive from the City a stipend of seven hundred and fifty dollars ($750) a month, provided that such employee certifies in writing that he or she is covered by another medical plan, names the plan, and specifies, in conformance with the facts, the means by which he or she receives the plan. (Resolution No. 22:037) In order to receive the opt-out payment, the employee must provide proof of enrollment in another group health insurance plan which provides minimum essential coverage. To be eligible, group coverage cannot be obtained through the individual market (whether or not obtained through Covered California) and must be obtained from a previous employer, spouse, registered domestic partner, parent, or due to military/veteran status. An employee must sign an attestation annually that the employee and each member of the employee’s tax family has or will have such minimum essential coverage for the opt-out period.
The City will reimburse those who expend a specific amount of out-of-pocket costs.
Employee must provide documentation from their insurance provider indicating that the out-of-pocket threshold has been met. Reimbursement will be provided accordingly:
• Family: $1,000 deductible - $800 (employee's share) = $200 (max. City's share) o City will reimburse employee for any expense over family's $800 deductible not to exceed a Reimbursement of $200.
• Self/Dependent: $500 individual deductible - $400 (employee's share) = $100 Section II: Employment and Legal Administration 2-29 EMPLOYEE BENEFITS 63 (max. City's share)
o City will reimburse employee for any expense over employee's $400 deductible not to exceed a Reimbursement of $100.
• Out-of-Pocket: $2,000 out-of-pocket (individual) - $1,400 (employee's share) = $600 (max. City's Share)
o City will reimburse employee for an out-of-pocket expense over employee's $1,400 not to exceed a reimbursement of $600.
Dental Insurance
City pays 100% of the premium cost for employee and dependent dental insurance plans.
The City offers both HMO and PPO dental plans.
Vision Insurance
City pays 100% of the premium cost for employee and dependent vision insurance plans. Once a fiscal year, employees are provided with $35 copay reimbursements for annual eye exams for the employee and each of his or her dependents to incentive wellness. Receipts must be submitted to Human Resources.
Life Insurance
City provides 100% employer-funded life and accident and dismemberment insurance in the amount of the employee’s annual salary on the last day of work prior to death, up to a maximum of $200,000. The City also offers employee-funded supplemental insurance at an additional cost.
Short-Term and Long-Term Disability
The City provides Short-Term and Long-Term disability insurance at full cost to the City.
Short-term disability benefits are payable up to 9 weeks. Long-term disability benefits are payable for the duration of the disability up to Social Security Normal Retirement Age (SSNRA).
Deferred Compensation Plan (457b)
Employees are eligible to participate in the deferred compensation plan offered by the City.
This option is available at the employee’s cost.
On a year-by-year basis the City Manager will review the City’s available funds and may propose a City Contribution match of any amount and of any duration for employees who participate in the City’s Deferred Compensation 457 (b) plan. (Resolution No.23.025) Retirement Benefits
All regular full-time employees and full-time employees who are in their probationary period shall be members of the California Public Employees' Retirement System (CalPERS). Employees who retire from the City prior to December 31, 2010 are entitled to 100% of the cost of their medical insurance premium. Employees who retire from the City after December 31, 2010 are entitled to 85% of the cost of their medical premium.
EMPLOYEE BENEFITS
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64 The City’s contribution is inclusive of the minimum required employer contribution as determined by CalPERS each year pursuant to Government Code section 22892. The statutory minimum employer contribution is $158 per month in calendar year 2025.
The cost sharing in this provision is for plans provided by CalPERS.
CalPERS retirement - 2% at 62 benefit formula for “New” CalPERS members, 2.5% at 55benefit formula for “Classic” CalPERS members covered under pre-2013 rules.
As a benefit, the CITY currently pays 1.0% toward the Classic employee’s contribution as Employer Paid Member Contributions (EPMC). This benefit is subject to change at the City Manager’s discretion.
Employee Assistance Program
The City sponsors 100% of the Employee Assistance Program offered to employees.
Vehicle Allowance
Directors, City Clerk, and the Assistant City Manager are provided with a $300 per month car allowance. Directors shall use their personal vehicles whenever possible in lieu of using a City vehicle.
COBRA Coverage
If a qualifying event arises, which is usually separation, full-time employees are eligible to purchase City health, dental, and vision plans at full cost for up to 18 or 36 months, in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Additional Benefits
• Credit Union membership to F&A Credit Union.
• Access to City-owned gyms
• Discounted recreational programs.
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CESSATION OF BENEFITS
Section II: Employment and Legal Administration
66 POLICY
An employee who has been absent from work for a period of unpaid leave exceeding 12 months shall not be eligible to participate in the City health, dental and vision group plan, unless he/she pays for such coverage under COBRA.
An employee who is on unpaid leave of absence must continue to pay the employee portion of the insurance premium during the unpaid leave of absence. Failure by the employee to make the employee portion of the insurance premium will result in a loss of benefits. City shall mail notices regarding insurance co-payments, re-payments and cessation of payments to an employee’s home. Failure of City to provide such notices shall not be the basis of a grievance nor relieve the employee from his or her obligation to pay his or her portion of the insurance premium or COBRA payments. 2-32
WORK FROM HOME
Section II: Employment and Legal Administration
67 POLICY
To the extent possible and under limited circumstances, the City will permit employees to work-from-home (“telecommute”) on a case-by-case basis. Baby bonding is an eligible use for telecommuting. Directors will work with the employee requesting to telecommute to determine feasibility. Final review and determination will be made by the City Manager.
Telecommuting may only be practical for some appropriate positions, as it is not suitable for all City jobs.
Working from home inherently changes the workplace dynamic for employees. However, employees are expected to continue to adhere to all the department guidelines.
Employees with questions about the application of a policy or procedure should contact their supervisor for additional information. Employees may submit a request to telecommute to Human Resources in writing.
Job Responsibilities & Regular Communication
While telecommuting, to the extent possible, employees should be performing the full range of their normal job duties, unless assigned other duties, within reason. Employees and supervisors should maintain communication throughout the workday, through email, by phone, video chat, or other means. Managers and supervisors will be expected to establish and communicate work expectations of employees working remotely, including setting work priorities, deadlines, and reviewing work assignments. Directors may require periodic check-ins or mandate phone or email response times to ensure a productive telecommute program. Alternative assignments may also be considered, such as on-line training and administrative tasks such as data entry.
Work Schedules and Time Worked
Generally, work hours will remain the same. In some cases, employees’ work hours will be different and will be clearly communicated in advance.
Overtime must be approved by the Department Director in advance. Employees who are not exempt from overtime requirements under the Fair Labor Standards Act (FLSA) will be required to accurately record all hours worked.
In the event on-site attendance is required, supervisors will notify the employee, in advance, when on-site attendance is necessary.
Equipment and Tech Support
The City will make every effort to issue City devices to the extent possible; however, in most cases, City-issued devices may not be available. In certain circumstances, employees may be required to use their personal phones, computers, or other equipment.
When using personal devices for telecommuting, employees shall keep work product and data confidential. Pursuant to State law, City business conducted on personal devices is subject to the California Public Records Act.
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WORK FROM HOME
Section II: Employment and Legal Administration
68 The City accepts no responsibility for damage or repairs to employee-owned equipment and reserves the right to make determinations as to appropriate equipment, subject to change at any time. Equipment supplied by the City is to be used for business purposes only. All the City-owned equipment issued to an employee must be returned immediately at the conclusion of the telecommuting arrangement.
The City will provide employees with appropriate office supplies (pens, paper, etc.) as deemed necessary and may reimburse the employee for pre-approved business-related expenses that are necessary and reasonably incurred to carry out the employee’s job.
Telecommuting employees will establish an appropriate work environment within his or her home for work purposes and provide the necessary workspace, such as desk, tabletop, or other location that provides optimal work productivity. Given the temporary nature of this program, employees are not expected to purchase furniture or equipment to arrange a home workspace.
Employees should seek advice from a tax advisor if they have questions concerning tax implications of working from home. The City is not responsible for substantiating any employee’s claim of tax deductions for operation of a home office used to perform work.
Security
Consistent with the City’s expectations of information security (cybersecurity) for employees working at the office, telecommuting employees are expected to ensure the protection of the City information accessible from their home office. Necessary security steps include appropriate network security measures, regular password maintenance, and any other measures appropriate for the job and the environment.
For critical cybersecurity reasons, remote access to servers and network drives may be accessed only on City-issued devices. The City will not grant remote access on personal devices. Remote access to email will be allowed.
Safety
Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties may be covered by Workers’ Compensation. Telecommuting employees are responsible for notifying their supervisor of such injuries as soon as practicable. The City assumes no liability for injuries that occur outside the performance of the employee’s duties and/or outside the employee’s scheduled telecommuting hours.
Employees are prohibited from having face-to-face meetings regarding City business in their homes. Rather, employees shall opt to use video or phone conferencing to maintain social distancing guidelines and personal protection. The City will not be liable for any injuries sustained by visitors to an employee’s home worksite. 2-33
BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
69 PURPOSE
The City is a community with a significant Spanish speaking population. It is common for City employees to encounter situations in the work place that require the need to communicate in Spanish. Moreover, the City is required by State law to provide bilingual information to the public when dealing with certain governmental activities. To compensate employees for utilizing their bilingual skills for business-related needs, bilingual employees shall qualify for Bilingual Skill Pay.
POLICY
City employees may be considered to receive Bilingual Skill Pay, subject to verification standards established in this Policy. Requests for Bilingual Skill Pay must be approved and submitted to the Human Resources Department by the Department Director, or designee. Spanish is currently the only eligible language for Bilingual Skill Pay. Additional languages and eligible Position Classifications may be added at the City Manger’s discretion.
The following Bilingual Skill Pay Tiers and qualifications are established:
Tier I Bilingual Skill Pay
All full-time City employees and select part-time Position Classifications are eligible to qualify for Tier I Bilingual Skill Pay. Tier I is intended to compensate bilingual employees whose responsibilities do not require regular or significant interactions with the public during the course of duty. The City shall pay $35 per month as Tier I Bilingual Skill Pay to City employees who meet the following qualifications and requirements:
• The employee must speak and understand a secondary language such as Spanish, or any other language approved by the City.
• Interactions with the public during the course of duty are irregular and may not be required as part of the job duties.
• Verification by the employee’s supervisor is required. Additional verification may be requested by Human Resources.
• A proficiency exam is not required.
• The following full-time Positions are eligible for Tier I Bilingual Skill Pay:
➢ Maintenance Worker
➢ Warehouse Attendant
➢ Senior Maintenance
Worker
➢ Financial Services Manager
➢
➢ Payroll Technician
➢ Information
Technology
Analyst
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BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
70 ➢ Senior Accountant
➢ Human Resources Manager
➢
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BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
71 ➢ Information Technology
Manager
➢ Management Analyst
➢ Associate Planner
➢ Management Analyst II
➢ Public Works Operations
Manager
➢ Human Resources Manager
➢ City Clerk
• Select part-time employees may qualify to receive Tier I Bilingual Skill Pay after 6 months of employment with the City, and must maintain an average of 80 hours per month to qualify. The City may discontinue Bilingual Skill Pay if an employee drops below 80 hours per month. The following part-time positions are eligible for Tier I Bilingual Skill Pay:
➢ Water Operator Aide
➢ Code Enforcement Officer
➢ Finance Assistant
➢ Recreation Assistant
➢ Public Safetyervice Assistant
➢ Executive Aide
➢ Communications Specialist
➢ Recreation Coordinator
➢ Office Assistant I
➢ Administrative Intern
➢ Planning Intern
➢ Building Permit Technician
➢
➢ STAR Program Assistant
➢ STAR Program Coordinator
➢ Planning Intern
➢ Communications Assistant
➢ Building Permit Technician
➢ Finance Aide
➢ Human Resources Assistant
➢ Public Safety Specialist
Tier II Bilingual Skill Pay
Tier II Bilingual Skill Pay is available to select qualifying City employees based on Position Classification and job responsibilities. Tier II is intended to compensate select full-time bilingual employees whose responsibilities require regular interactions with the public during the course of duty. The City shall pay $75 per month as Bilingual Skill Pay to City employees of select Position Classifications who meet the following qualifications and requirements:
• The employee must speak and understand a secondary language such as Spanish, or any other language approved by the City.
• Employee’s job responsibilities require regular interactions with the public during the course of duty.
• Verification by the employee’s supervisor is required. Additional verification may be requested by Human Resources.
BILINGUAL SKILL PAY
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72 • A proficiency exam is not required.
• The following full-time Positions are eligible to qualify for Tier II Bilingual Skill Pay:
➢ Water Operator
➢ Senior Water Operator
➢ Water Supervisor
➢ Water Superintendent
➢ Maintenance Supervisor
➢ Office Assistant II
➢ Administrative Assistant
➢
➢Executive Assistant Parking
Control Officer
➢ Senior Water Operator
➢ Public Works Manager
➢ Building and Safety Manager
➢ Maintenance Supervisor
➢ Building and Safety Inspector
➢ Assistant Planner
➢ Associate Planner
➢ Building and Permit Technician
➢ Parking Control Officer Water
Superintendent
➢
➢ Community Services Officer
➢ CSO Supervisor
➢ Code Enforcement Officer
➢ Code Enforcement Officer
SupervisorAdministrative Assistant
➢ Finance Technicianan
➢ Community Services Specialist
➢ Community Services Officer
➢ Code Enforcement Officer
➢ Executive Assistant
➢ Senior Code Enforcement Officer
➢ Finance Supervisor
➢ Finance Supervisor
➢ Community Services Supervisor
➢ Senior Services Program Supervisor
➢ Community Services Manager
➢ Management Analyst
➢ Senior Management Analyst
➢ Communications & Engagement Mgr
➢ Project/Program Manager
➢ Community Services Supervisor
➢ Water Superintendent
➢ Public Information Officer
➢ Water Supervisor
➢ Assistant Directors
➢ Deputy City Clerk
➢ City Clerk
➢ Directors
➢ Assistant City Manager
Senior Services Program Supervisor
Tier III Bilingual Skill Pay
Tier III Bilingual Skill Pay will only be available for up to one (1) designated employee in each department based on advanced proficiency and job responsibilities, approved by the City Manager. Tier III is intended to compensate select full-time bilingual employees whose job responsibilities require frequent and significant interactions with the public during the course of duty, including verbal and/or written translation duties. The City shall pay $150 per month for Tier III Bilingual Skill Pay to select City employees who meet the following qualifications and requirements:
➢ Employees must be proficient in reading, writing, speaking, and understanding a secondary language such as Spanish, or any other language approved by the City.
Section II: Employment and Legal Administration 2-33 BILINGUAL SKILL PAY 73 ➢ Employee’s job responsibilities require frequent and significant interactions with the public during the course of duty.
➢ Only one (1) employee per Department may receive Tier III Bilingual Skill Pay.
Requests for Tier III Bilingual Skill Pay must be submitted to Human Resources by the Department Director or designee and approved by the City ➢ Manager.
➢ Employees who received Tier III Bilingual Skill Pay may be required to respond to requests for verbal and/or written translation duties from other Departments, with permission by the employee’s Department Director or designee. ➢ The employee is required to pass a proficiency exam administered by Human Resources to qualify.
➢ (Resolution No. 22:011)
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BILINGUAL SKILL PAY
Section II: Employment and Legal Administration
74 Tier III Bilingual Skill Pay
Tier III Bilingual Skill Pay will only be available for up to one (1) designated employee in each department based on advanced proficiency and job responsibilities, approved by the City Manager. Tier III is intended to compensate select full-time bilingual employees whose job responsibilities require frequent and significant interactions with the public during the course of duty, including verbal and/or written translation duties. The City shall pay $150 per month for Tier III Bilingual Skill Pay to select City employees who meet the following qualifications and requirements:
• Employees must be proficient in reading, writing, speaking, and understanding a secondary language such as Spanish, or any other language approved by the City. • Employee’s job responsibilities require frequent and significant interactions with the public during the course of duty.
• Only one (1) employee per Department may receive Tier III Bilingual Skill Pay.
Requests for Tier III Bilingual Skill Pay must be submitted to Human Resources by the Department Director or designee and approved by the City Manager. • Employees who received Tier III Bilingual Skill Pay may be required to respond to requests for verbal and/or written translation duties from other Departments, with permission by the employee’s Department Director or designee. • The employee is required to pass a proficiency exam administered by Human Resources to qualify.
(Resolution No. 22:011)
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CELLPHONE STIPEND FOR BUSINESS USE
Section II: Employment and Legal Administration
75 PURPOSE
Cellular phone devices and reimbursements are issued to designated City employees for the purpose of enabling effective and efficient business communication. Designated City employees are expected to utilize cellphones to remain productive and carry-out key duties of their position.
POLICY
The City Manager, or designee, will approve all requests to participate in the Program. All aspects of this Program are subject to provisions outlined in the City Technology, Equipment, and Resource Section of this Personnel Manual. Employees will not use their cellular devices while driving a City vehicle or privately owned vehicle when conducting City business.
Employees who participate in this program shall be required to respond to business related calls and messages within a reasonable timeframe as determined by their supervisor.
To be eligible for the Program, employees must meet one or more of the following criteria:
• Functional responsibilities of the position require cellphone communications for City-related business needs on a regular basis.
• Position responsibilities require immediate communications after regular business hours, on weekends, and on holidays.
• Position responsibilities require support for services on a 24-hour, 7-day basis including emergency responses.
Monthly Stipend for Use of Personal Device
Eligible employees will receive a monthly stipend of $50 for the use of a personal cellphone device and data plan for City business. To compensate executive staff for additional data devices required as part of their roles in and out of the office, Assistant Directors, Directors and City Clerk shall receive an additional $25 per month ($75 per month in total) towards supplemental data plans or devices (i.e. personal hotspot, upgraded data plans, etc.) Requests for a monthly stipend must be submitted by the Department Director, or designee, to Human Resources, and approved by the City Manager or designee. All requests for a stipend will need to be accompanied by the employee’s most recent cellphone billing statement prior to approval.
City business conducted on personal devices and accounts are subject to California EDiscovery laws and/or deemed as electronic public records subject to inspection and copying under the California Public Records Act (PRA).
CELL PHONE STIPEND FOR BUSINESS USE
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76 Department-Issued Device
Departments may be assigned a specific-number of devices based on operational need to be used for departmental business, upon approval by the City Manager or designee. The number of devices and those positions that are assigned the devices are subject to approval by the City Manager or designee. Any employee who receives a departmentissued device shall not use the device in any manner for personal use, including calls, texts, or data use. Any personal use will be reimbursed to the City as determined by the City Manager or designee. A City-Issued Device Form must be signed by the employee and on-file with the Human resources Department.
(Resolution No. 22:011)
RECRUITMENT INCENTIVE PROGRAM
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59 Hiring Bonuses for Part-Time Recruitments
The hiring bonus incentive program for part-time employees will be a non-base salary cash payment intended to make the hiring offer market-competitive and to assist in securing the candidate’s acceptance of the offer. The Programs will be reassessed each Fiscal Year to take into account available budget and labor market trends.
A. Eligibility
To be eligible for a hiring bonus, a candidate for a part-time position must meet all the following eligibility conditions. Eligibility is restricted to:
1. Qualified external candidates who are offered employment for the benefit of the City.
2. Candidates who are not currently employed by the City, and who have not been employed by the City during the 12 month period preceding the proposed rehire date.
3. Candidates for positions regarded by the City Manager as being difficult to fill despite extensive recruiting efforts (e.g., labor market shortages, aggressive growth in compensation levels for particular positions).
B. Bonus Amounts
If the candidate meets the eligibility criteria, the hiring bonus amounts should be determined based on the difficulty in filling the position after prolonged and extensive recruitment efforts to attract market-competitive candidates.
The total hiring bonus amount cannot exceed a maximum of $500 for general funded part-time employees.
For grant-funded and other positions using restricted funds (i.e. STAR), hiring bonus amount cannot exceed limits established by grant guidelines or law.
C. Payment Provisions
Granting of a hiring bonus is at the sole discretion of the City Manager. Any hiring bonus amount granted along with payment provisions shall be detailed in the candidate’s offer letter.
The hiring bonus payments are payable in a lump sum payment after a period of three (3) to six (6) months of employment, determined by the City Manager at the start of the recruitment. If a recipient separates from City prior to the period determined by the City Manager, the payment will be forfeited.
D. Funding Sources
Hiring bonus payments, if approved, are funded by the City and are subject to the availability of funds.
RECRUITMENT INCENTIVE PROGRAM
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60 E. Tax Treatment and Reporting
Under Internal Revenue Service Regulations, payment of a hiring bonus must be included in the employee’s income as wages subject to withholding in the year paid for federal and state income taxes and applicable FICA taxes. The payment is reportable on the employee’s Form W-2 in the year paid. (Resolution No. 21:027)
POLICY
Employees who reach the following years of full-time service with the City will receive the following lump sum Anniversary Achievement Award in the pay period in which their anniversary date falls:
5 years: $500
10 years: $1,000
15 years: $1,500
20 years: $2,000
25 years: $2,500
30 years: $3,000
Employees shall only receive this Anniversary Achievement Award lump sum in the year in which these anniversaries fall. For example, an employee with 12 years of full time service with the City in July 2022 will not receive a bonus until July 2025 when they reach 15 years of service.
Employees who have more than 30 years of service as of April 1, 2022 and who did not receive the 30-year Anniversary Achievement Award, shall receive a $3,000 Anniversary Achievement Award lump sum payment at the time of their retirement from the City.
Part-Time Employees
Employees who reach the following years of part-time service with the City will receive the following Anniversary Achievement Award in the form of a gift card:
5 years: $50
10 years $100
15 years: $150
20 years: $200
25 years: $250
30 years: $300
Part-time employees who reach a milestone anniversary will receive their Anniversary Achievement Award in the year in which these anniversaries fall. (Resolution No. 22:037)
Section II: Employment and Legal Administration 2-36 ANNIVERSARY ACHIEVEMENT AWARD PROGRAM 68 SECTION III:
EMPLOYEE CONDUCT
#
Section III: Employee Conduct
BUSINESS ETHICS
3-1
69 POLICY
The City of Paramount conducts business in conformity with ethical standards. Not only must employees refrain from acting on behalf of the City in a manner that violates laws or regulations, employees must adhere to ethical standards in the conduct of business.
Employees may not engage in activity that results in a conflict of interest with the City or that reflects unfavorably on its integrity. Certain management employees are also subject to the City's Conflict of interest Code disclosure requirements.
Employees violating these standards are subject to disciplinary action, up to and including termination. Any action found to be violation of City policy will result discipline, up to and including termination.
The reputation and good name of the City depends upon the honesty and integrity of each employee. Ethics can be interpreted as one’s actions when nobody is looking. It is important that employees use good judgment in the performance of their duties and responsibilities. Employees are encouraged to share their work-related concerns, seek information, provide input, and resolve work-related problems/issues through their immediate supervisor, and as appropriate, consult with any member of management toward those ends. The City's objective is to listen to employee concerns, to encourage employee input, and to seek resolution to work-related concerns, problems, and issues.
The following list provides guidelines for ethical conduct that City employees are expected to practice.
• Employees should refrain from potential or actual wrongdoing, acts of dishonesty, and avoid any act that appear unlawful, or to make or omit unlawfully any entry on the City's records or reports, or to suppress or hide any information in violation of policy or the law, or to disclose information in violation of policy or the law. It is that employee's duty to bring the matter to the attention of his/her supervisor, Director, and/or the City Manager, or authorized designee. An employee who reports issues of this nature will not be retaliated against.
• Treat coworkers with courtesy, honesty, respect and understanding. Job-related problems should be discussed clearly, objectively, and without blame; and differences resolved fairly, professionally and promptly. Confidential matters pertaining to employees will be respected.
• Observe the highest standards of ethical conduct in all relationships with other agencies and the public. It is prohibited to make disparaging statements, take any unfair actions, or participate in any activity intended to damage the City, other agencies or the public.
• Adhere to all City financial policies and procedures, including documenting use of City funds accurately and completely. No payments will be made with the understanding that any part is to be used for any purpose other than that described by the records supporting the payment.
Section III: Employee Conduct
BUSINESS ETHICS
3-1
70 • Acceptance of gifts or cash equivalents from any person or entity doing business with the City is never permissible if the amount exceeds the limits established by the Fair Political Practices Commission. Gifts, favors and entertainment may be given to others at the City's expense only if they are consistent with accepted business practices and are of such limited value that they cannot be considered as a bribe or pay-off.
• Safeguard confidential information obtained during employment. In the course of work, employees may have access to confidential information regarding the City, members of the public, elected officials or fellow employees. It is the employee’s responsibility to protect and in no way reveal any such information, including to any media, unless it is necessary for the employee to do so in the performance of duties or required by law.
• Avoid situations that create an actual or potential conflict between the employee's personal interests and the interests of the City. A conflict of interest exists when the employee's loyalties or actions are divided between the City's interests and those of another, such as a political figure or vendor/supplier. Both the fact and the appearance of a conflict of interest should be avoided. • During working hours, devote attention and energies to the job. Regular full-time employees may not hold another paid job without approval from the City Manager, or authorized designee. The City Manager, or authorized designee may provide written approval of the outside employment, either upon hire by the City or when an employee requests review of outside employment so long as the outside job will not interfere with the employee providing satisfactory performance of his/her job responsibilities for the City. Outside employment may present a conflict of interest and be prohibited if it has an actual or potential adverse impact on the City. If the outside employment is authorized, the City assumes no responsibility for it. The City will not provide workers' compensation coverage or any other benefit for injuries occurring from or arising out of outside employment. Authorization to engage in outside employment can be revoked at any time.
Section III: Employee Conduct
DRUG FREE WORKPLACE
3-2
71 POLICY
The City is committed to protecting the safety, health and wellbeing of those receiving City services, all employees and other individuals in our workplace. The City recognizes that alcohol and drug abuse pose a significant threat to these goals. The City has established a program that balances its respect for individuals with the need to maintain an environment free of alcohol and drug abuse.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of the City's managers and employees. To that end, the City will act to mitigate the impact of an employee's abuse of any substance (alcohol, illegal drugs, prescription drugs, or any other controlled substance, as defined by the Controlled Substances Act) that could impair the employee's ability to safely and effectively perform the functions of an employee's job, or which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City's reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination. Whenever possible, the City will give preference to rehabilitation over discipline when responding to an employee's substance abuse.
Applicability
The City’s drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the City. Therefore, this policy applies to employees during their regular working hours, whenever an employee is conducting business or representing the City, when an employee is on call or on paid standby, or when an employee is on City property. Our policy covers, but is not limited to managers, supervisors, regular full-time employees, regular part-time employees whether on or offsite, and contractors Prohibited Behavior
The transfer, sale, manufacture, or use of alcohol or other drugs, legal or illegal, is prohibited while on City premises or during work hours or breaks. The possession of illegal drugs is also prohibited while on City premises or during work hours or breaks. This includes all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana, and all other controlled substances. Additionally, the unlawful manufacture of a controlled substance is prohibited in the workplace.
If an employee is convicted of criminal drug activity, the employee must notify the City Manager, or designee, of the conviction in writing within five (5) calendar days after the conviction.
City employees are also prohibited from being under the influence, or having a detectable level, of alcohol or controlled substances in their systems during working hours (including Section III: Employee Conduct
DRUG FREE WORKPLACE
3-2
72 lunch hours and breaks), while on City premises at any time, and/or while driving a City vehicle at any time.
Although use of marijuana is now legal in California, the City may still prohibit employees from working under the influence of marijuana. A positive test for marijuana will be treated no differently than a positive test for any other prohibited drug and/or alcohol.
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to notify his/her supervisor. An employee is not required to disclose the nature of his/her medical condition, or to identify the medication he/she is taking, but must clearly indicate effects, such as impaired alertness, balance impairment, warnings about operation of machinery, etc. Failure of an employee to notify a supervisor of his/her use of any medication that may interfere with his/her work performance may result in discipline, up to and including termination.
Procedure
When an employee’s supervisor and a second employee or supervisor have reasonable suspicion to believe an employee may be under the influence of alcohol or a controlled substance, that employee may be given a medical evaluation by a City-designated medical clinic on City time and at City expense. This medical evaluation will be conducted to determine if alcohol or drugs are in the employee’s system.
Reasonable suspicion may be justified by one or a combination of the following indicators:
• Bloodshot or watery eyes
• Slurred speech
• Alcohol on the breath
• Physical and/or verbal altercation
• Inability to walk a straight line
• An accident involving City property
• Possession of drugs or alcohol
• Frequent absenteeism
• Confusion/difficulty in concentration
• Noticeable change in behavior
Section III: Employee Conduct
DRUG FREE WORKPLACE
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73 The following steps establish a procedure to facilitate the medical evaluation process:
1. The Department Head will meet with the City Manager, or designee, to discuss the employee’s behavior. At that time, it will be determined if the employee should be tested for drugs. The City Manager, or designee, will arrange for an immediate appointment with a medical facility to conduct the test, unless the employee admits to being under the influence of alcohol or controlled substance.
An employee’s refusal to submit immediately to an alcohol or drug analysis when requested by management may constitute insubordination, and may be grounds for disciplinary action up to, and including, dismissal. All employees are required to consent to controlled substance and alcohol testing and/or inspection pursuant to this policy as a condition of continued employment.
2. The City will immediately provide transportation for the employee to the medical facility and wait for the tests to be completed. The type of testing required will be determined by the physician.
3. After being tested, the employee will be transported home, or in appropriate situations, to the hospital. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results show the presence of alcohol or drugs. Information obtained through this testing will be treated with strict confidentiality.
4. If alcohol or drugs are found in the employee’s test, the City Manager, or designee, shall meet with the employee and explain the proposed disciplinary action.
Documentation
Records relating to job performance, attendance, and behavior shall be maintained in the employee’s personnel file. All tests shall be maintained, along with the employee’s medical records, in a confidential medical file separate from the personnel records.
Follow-up
If the employee’s drug test results are confirmed positive the City Manager, or designee will determine the most suitable disciplinary action. Should the results of the alcohol or drug test be negative, the employee may return to the workplace and perform regular job duties.
Section III: Employee Conduct
SMOKING
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74 POLICY
For health, safety, and business considerations, employees are discouraged from smoking. This includes electronic cigarettes and personal vaporizing devices ("vape pens"). Secondhand smoke can be harmful to nonsmokers as well as smokers. Smoking is not permitted in City buildings, vehicles, or in the presence of City's customers.
Employees who wish to smoke may do so on designated breaks outside and in accordance with California state law. Smoking is prohibited within 20 feet of main entrances, exits, operable windows, or ventilation system intakes.
Section III: Employee Conduct
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75 POLICY
To provide a safe and healthful work environment for employees, visitors, and the general public, the City has established a workplace safety program. All employees are responsible for the safety of themselves as well as others in the workplace and this depends on the alertness and personal commitment of all. This program is a top priority for the City and is defined in the City Injury and Illness Prevention (IIPP) Plan. The IIPP Plan is available for review by all employees in their assigned departments as well as in Human Resources.
Violence in the Workplace
The City has a zero-tolerance policy for acts of violence and threats of violence in the workplace.
Threatening or intimidating behavior, threats, or acts of violence will not be tolerated and may be grounds for termination, arrest and prosecution, and/or civil action. Any individual who engages in threatening behavior or violent acts (or who makes comments about inflicting self-harm or harming others, even if in jest) while on City property will be removed from the premises and may not return until the incident is fully investigated. The City reserves the right to have any such incident assessed by a professional who specializes in threat assessment.
Threats to, or intimidation of, employees in the workplace by individuals outside the City are also not tolerated and must be reported to the City Manager, or authorized designee immediately. Alternatively, reports can be made to the City Attorney. This may include acts of domestic violence and threats of harm from customers or vendors toward employees or City property.
Possession of a weapon on City premises and/or at City-sponsored events will constitute a threat of violence.
If an employee is a witness to or receives a threat or learns that another person has witnessed or received a threat, he/she must notify their supervisor or the Department Head immediately. Reports must be made of all incidents no matter who was involved or their relationship to each other.
Employees should immediately notify management when unknown persons are acting in a suspicious manner in or around the workplace.
The City Manager or authorized designee will respond to and conduct any necessary investigation of any potential threats of violence.
Specific procedures regarding violence in the workplace will be documented through the Injury and Illness Prevention Program, in accordance with Cal OSHA requirements.
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76 POLICY
The purpose of this policy is to define the responsibilities and rules for the use of City vehicles and equipment, and privately-owned vehicles used for City business. This policy applies to managers, employees, and other authorized individuals as specified in this policy. This policy will take the place of all previous City vehicle policies except for additional Department specific written guidelines that are more restrictive than this policy.
Employees must sign the Vehicle Usage Policy upon hire.
The policy provisions apply to all vehicle operators driving in the course of Agency business. Note: Commercial motor vehicle operators have additional licensing requirements that extend beyond the provisions of this policy and are not intended to be addressed herein.
City Business Use Only
City owned vehicles will be driven only by appropriately licensed and authorized City employees. Authorization must be by the appropriate Department Head.
City vehicles must be used for official City business only. No person other than a City employee or authorized person, as described in this section, will be allowed to operate any City vehicle.
No person will be permitted to ride in a City vehicle unless such person is an employee or is a passenger authorized to be in said vehicle by the Department Head.
Driver's License
The City will require DMV driver's license checks for new employees that are required to drive as part of their duties with the City.
The Human Resources Department is responsible for verifying that all employees who drive on City Business have a valid California driver's license. This departmental obligation does not diminish the employee's obligations pursuant to this policy.
Insurance Requirements
Employees are required to maintain personal liability insurance coverage when operating City vehicles.
Employees who drive a privately-owned vehicle on City business must maintain automobile insurance that complies with the State of California minimum requirements for bodily injury and property damage. Employees using their privately owned vehicles for City business shall maintain insurance coverage in an amount not less than $15,000 per person/$30,000 per occurrence and property damage coverage in an amount not less than $5,000 per occurrence.
Section III: Employee Conduct 3-5 VEHICLE USE/DRIVING ON CITY BUSINESS 77 If an employee is involved in an accident in a privately-owned vehicle, even though conducting authorized City business, the employee's automobile insurance is primary to any other coverage pursuant to the California Vehicle Code.
Section III: Employee Conduct
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78 Driving Records
The Human Resources Department will maintain accurate records of employees who are required by Department of Transportation (DOT) regulations to have a commercial driver's license. At a minimum, the record will include a copy of the employee's current DOT identification card, and a copy of the most recent DMV driver record information.
City employees operating vehicles or equipment on City business must have a valid State of California Driver's License at the appropriate level and with any necessary special endorsements. For the purpose of this policy section, "valid" means a current California Driver's License without restrictions, suspensions, or any other non-validating activity.
The City participates in the Department of Motor Vehicles (DMV) pull notice program through Embark, in accordance with DMV program rules. Human Resources receives pull notices for all employees with a driver’s license as allowed for under the California DMV pull notice program.
Responsible Driving
Each City driver/operator must drive responsibly, anticipate emergency situations and make every effort to avoid accidents. All employees operating a vehicle on City business represent the City and will always project a professional and responsible image to the public.
City drivers are expected to be knowledgeable of and follow all applicable Federal, State, and local traffic laws.
Drivers must be familiar with the manner of operation of vehicles that they operate on City business. If drivers are unsure of the operation of their vehicle, they should check the owner's manual in the glove box of the car or contact their supervisor or manager for assistance.
Drivers must remain attentive to driving at all times. Use of cellular phones, eating or drinking, dealing with passengers or other distractions while the vehicle is moving should be avoided. Whenever possible, drivers should pull off the road and stop when having to deal with distractions in the vehicle.
It is the responsibility of the driver of City owned vehicles, or privately-owned vehicles while being used for City business, to exercise reasonable care to avoid impediments or obstructions in the path of the vehicle that may cause damage to the vehicle, other vehicles or property, or injury to drivers, passengers, and pedestrians. As such, any employee discovered (after internal or third-party investigation) not to be exercising reasonable care (e.g., convicted of a violation, running a red light, etc.) of a City vehicle, will be subject to disciplinary actions up to and including termination.
Section III: Employee Conduct
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79 Seat Belt Usage
The driver and all passengers in a City vehicle or in a private vehicle being used on City business must use seat belts.
Suspended, Revoked or Restricted Driver's License
City employees who are required to have a valid California driver's license to operate vehicles or equipment on City business must inform their supervisor, at the latest, before his or her next scheduled shift in the event their driver's license is suspended, revoked, or is otherwise restricted in a way that impacts the employee's ability to perform their job.
Failure to inform a supervisor or other City management staff member may result in disciplinary actions pursuant to the City's policies and guidelines.
Privately Owned Vehicles
Employees using privately owned vehicles on City Business are subject to all subsections of this policy. The use of privately owned vehicles for City Business must have prior approval by the City Manager or a Department Head.
Department managers are responsible for determining when it is most advantageous to the City for an employee to use a privately-owned vehicle on City business. Factors to be considered include: availability of City vehicles, cost of a City vehicle versus mileage reimbursement, the appropriateness of the vehicle for the required use and best use of employees' time and operational efficiency. Those who receive car allowances must use their personal vehicle, unless circumstances warrant otherwise.
Reimbursement Claims
When City employees use a privately-owned vehicle on City business they will be reimbursed at the rate provided by the mileage reimbursement rates determined by the IRS.
Reimbursement will be based on the mileage from the point (either employee's home or City office) from which the employee leaves for the reimbursable event, whichever amount is less. Claims for mileage reimbursement must be submitted on City claim forms and processed in accordance with the City's procedures, pursuant to section II Travel and Other Expense Reimbursement.
Claims for mileage reimbursement must be submitted on City claim forms and processed in accordance with the City's procedures, pursuant to section II Travel and Other Expense Reimbursement.
Motorcycles
No employee will operate a motorcycle on City business without specific authorization of the Department Head.
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80 Bicycles
Employees are permitted to use a City-issued bicycle for City business only and when given prior approval from a supervisor. A helmet must be worn at all times while riding a bicycle.
Cell Phone Usage While Driving or While Operating a Vehicle or Bicycle City employees will follow the applicable law, which includes not operating a private vehicle on City business or a City vehicle, at any time, while using a wireless telephone or an electronic wireless communications device, unless if equipped with a hands-free device, meeting code requirements. (Vehicle Code, Division 11, Chapter 12, Article 1, §23100 – 23135.)
Smoking
Smoking is prohibited in all vehicles owned, leased, or operated by the City.
Alcohol Drugs and Other Intoxicants
Consumption of alcohol, drugs or other intoxicants while operating City vehicles or equipment or while operating a privately-owned vehicle on City business is strictly prohibited.
Dangerous or Defective Vehicle
Any City owned vehicle, or privately-owned vehicle while being used for City business, must not be operated when in a known dangerous or defective condition.
Reporting an Unsafe Vehicle
When a City vehicle is found to be in a dangerous or defective condition, it must be reported to a supervisor or the Public Works Department as soon as possible.
Traffic Citations
Any employee who receives a traffic citation while operating a City owned vehicle, or while operating a privately-owned vehicle on City business, must report such citation to his/her supervisor.
VEHICLE ACCIDENTS OR DAMAGE
Accidental Damage Reporting
All accidents and vehicle and property damage in a City vehicle or piece of equipment or a privately• owned vehicle being used on City business, regardless of severity, must be Section III: Employee Conduct
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81 reported immediately to the employee's supervisor, and, as required by law or City policy, to the appropriate law enforcement agency. Employees involved in an accident that requires notification to a law enforcement agency must request an official accident report from the responding officer. Any incidents involving a City vehicle requiring towing services must be reported immediately and an incident report submitted.
Employees involved in any accident, no matter how minor, in a City owned vehicle or a privately-owned vehicle being used on City business or on a work site or property owned, leased, or under the control of the City, will make a complete report of such accident to their supervisor within one business day.
Accident Reporting Kits
Accident reports will contain information on other vehicles, drivers, property involved, witnesses, weather conditions, road conditions, and any other pertinent information regarding such accident. Accident reporting kits are in the glove compartment of all City vehicles or may be obtained from an employee's supervisor. Accident reporting kits instruct those involved in accidents on what to do when in an accident. Employees must follow these instructions.
Take Home Vehicles
Take home vehicle assignments are at the discretion of the Department Head and are to be limited to those staff engaged in immediate, first line, emergency response for critical services or when a take home vehicle assignment results in an economy and/or efficiency that is in the best interest of the City.
Intermittent Take Home Vehicle
The Department Head on a case-by-case basis will approve intermittent take home vehicle assignments. Intermittent take home vehicle assignment is the overnight usage of a City vehicle on an intermittent or other than normal basis.
Global Positioning System (GPS)
City vehicles and equipment may be equipped with Global Positioning System Software (GPS). This equipment notifies the City of maintenance needs related to the City's vehicles and equipment, helps to retain location information to respond to customer concerns and inquiries, assists in dispatch of City vehicles, and provides safety by allowing location identification for employees on a solo response or after hours.
Section III: Employee Conduct
CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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82 POLICY
The intent of Section is to prevent inappropriate use of the City’s technology equipment that may expose the City to risks and viral attacks, or compromise of network systems and services and to guide the appropriate use of the City’s electronic messaging accounts and City-issued Technology, Equipment, and Resources including, but not limited to, desktop, laptop, notebook computer systems, networks, software, internal and external e-mail, the Internet as well as communications-related tools and other electronic media such as tablets, smart phones, cell phones, pagers, fax machines, copiers, voicemail, and any electronic device purchased by the City, but not listed (collectively referred to hereafter as “Technology, Equipment, and Resources”). This Section also covers personally-owned devices used in the course of employment with the City, including tablets, laptops, and smart phones. Employees are to ensure the City’s Technology, Equipment, and Resources are secure and reliable while enhancing the productivity, efficiency, and effectiveness of City operations.
This Section is applicable to all current employees, elected officials, contractors, consultants, commissioners, third-party employees, interns, and volunteers (hereafter “Covered Individuals”) who are provided access to the City’s Technology, Equipment, and Resources.
Use of Technology
a. All City-issued Technology, Equipment, and Resources should be used only for business-related purposes. Any use of City computer equipment for personal purposes, including sending and receiving e-mails and Internet access, shall be limited to infrequent usage dealing with personal matters that can only be addressed during work hours. City-issued devices are subject to monitoring and can be audited to ensure compliance with this and other policies. b. Hardware or software requested by a user is subject to City standards and procedures to ensure that they are installed in appropriate locations that are authorized by the City and secure.
c. Cloud-based products, office productivity software (i.e. video conferencing tools), and other Internet-based applications need to be authorized by the Administrative Services Department prior to use.
d. City Electronic Messaging Accounts
i. Covered Individuals that are provided a City e-mail account are required to manage and maintain their electronic mailboxes pursuant to this Section.
This includes ensuring e-mails are checked on a regular basis and purged in accordance to department records retention polices. Non-Management Covered Individuals are not permitted to access City e-mail accounts outside of their regular business hours without appropriate authorization from their department head or designee.
Section III: Employee Conduct
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83 ii. The City’s Electronic Messaging Accounts, such as e-mail, text and instant messaging, shall be used for transmission, not storage. Covered Individuals will be limited to 9 GB of email data storage per account.
Requests for additional data storage should be requested by the Department Director to the Administrative Services Department. These accounts are specifically intended and designed to be a tool for transmission of information, and not a tool for storage of information. Any e-mail, text or instant message that must be retained should be preserved and transferred to an appropriate storage format.
iii. City e-mail users should use care when sending e-mail messages from City supplied e-mail addresses. Messages should be professional. The text of any e-mail or any other communication should be appropriate to be sent as a signed letter on City letterhead.
iv. All Covered Individuals using electronic messaging accounts as a means of communication are individually accountable for determining if the content of the electronic communication, whether sent or received, is subject to City records retention policies.
v. In accordance with California E-Discovery Law, it is the responsibility of the Covered Individual to cease destruction of any relevant electronic information concerning any reasonably foreseeable litigation action. e. City departments may have additional technology use requirements that further extend or restrict the terms and conditions of use of Technology, Equipment, and Resources for their respective Covered Individuals.
f. Covered Individuals shall not use City-provided Technology, Equipment, and Resources, including City email address, to engage in non-City related social activities, individual charity sponsorships, political activities, commercial use for profit, outside employment, or any other activities outside of their job scope. g. Covered Individuals shall not download or install audio, video, or data files on City equipment for personal use, including but not limited to, photos, music and movies. h. Any documents created using the City’s software and stored on the City’s network, including cloud storage, is considered City property and may be subject to California Public Records Act (PRA) and other laws and regulations that apply to public agency information. Typically, transitory information that is of a temporary or brief duration, not meant to be kept for future reference and whose value is comparatively short-lived, including but not limited to, texts communications to be maintained by the City or Covered Individual. However, transitory communications may be subject to a Public Records Act request if they involve City Business, and the Covered Individual elects to retain the communication on their City-owned or privately-owned devices or accounts. If a Covered Individual is unsure whether a Section III: Employee Conduct
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84 particular record is a City record for retention purposes, the Covered Individual should contact the City Clerk, his or her immediate supervisor, and/or the City Attorney.
Privacy
City Technology, Equipment, and Resources are the sole and exclusive property of the City and may be monitored when the City deems it necessary and are subject to search and the obligation to surrender at any time by the City. Covered Individuals do not have an expectation of privacy in the content of any electronic communication sent or received on a City account of communication utilizing City technology, equipment, and resources.
All files, including e-mails, texts, instant messages, videos, and electronic communication are property of the City and are subject to review, and audit, even if sent as authorized incidental personal use of the computer.
All City digital content, including e-mails and videos are be subject to California EDiscovery laws and/or deemed as electronic public records subject to inspection and copying under the California Public Records Act (PRA).
Internet access offered on the City Network is intended for City Business-related purposes. Covered Individuals do not have any expectation of privacy regarding websites accessed through the City’s computers and network systems. The City may monitor individual Internet access and produce reports documenting Internet use.
Cyber Security
The use of City Technology, Equipment, and Resources should conform to relevant City security standards. The use of City Technology, Equipment, and Resources should be authenticated via a UserID and strong password.
a. Password Restrictions:
i. Passwords should be updated every six (6) months. Passwords should not:
be a singular word, include the terms “Paramount”, be based on personal information, names of family, etc. All passwords must contain 10 characters, and 3 of the following 4 character sets:
• Upper case letters
• Lower case letters
• Numbers
• Special characters or symbols
ii. Covered Individuals shall not share passwords with anyone. Passwords shall not be revealed in electronic communications. All passwords are to be treated as confidential City information.
Section III: Employee Conduct
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85 iii. Covered Individuals are responsible for the maintenance, security, and use of their personal password as it provides an audit trail for system activity.
Covered Individuals should not allow the use of their account by others. b. When not using the computer, Covered Individuals are to log-off or lock their device.
c. If a Covered Individual’s City device is lost or stolen, he/she is required to report it immediately to their department and the Administrative Services Department. A police report may also be required. If a Covered Individual suspects that unauthorized access to a City device has taken place, he/she is required to report the incident immediately.
d. The City prohibits unauthorized copying, transfer, or reproduction of City-owned software. Loading of privately-owned software, or non-City software, must be approved in advance by the City.
e. Covered Individuals shall not send or share data or files that disclose sensitive, personal, confidential or proprietary information without the appropriate authorization from the City Manager.
f. Covered Individuals shall not attempt to decode system or user passwords; or read, delete, copy or modify data in a system in which they are not an authorized user of; or attempt to gain unauthorized access to any City technology, equipment, and resource.
g. Covered Individuals shall use caution when using City-issued technology, equipment, and resources, or City provided Internet access to log on to personal e-mail accounts due to the potential of exposing the City’s information systems and network to viruses, “worms” or other unauthorized programs.
Termination of Employment or Contract
When a Covered Individual is terminated or released from employment or their contract with the City, the user’s City account will be disabled on the last day of employment, or earlier if requested by the department or City management. The user’s access to all City accounts will be revoked as soon as possible. Departments are required to notify the Administrative Services Department if a user’s account should be archived due to pending or potential future investigations. All City property shall be returned, including Citypurchased devices, keys, and the like.
A department may request access to and/or retain a copy of the former Covered Individual’s data files (local and network files) and e-mails after the Covered Individual is no longer employed by the City. This request should be submitted to the Administrative Services Department prior to a user’s end date or at the time of notification of termination/release.
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86 E-Mail Retention
The City will retain e-mails of former employees for 30 days after their termination. Special requests to forward or retain email accounts of former employees for longer than 30 days need to be submitted by the Department Director to the Administrative Services Department.
Any former Covered Individual involved in active or potential litigation with the City shall have his/her e-mails preserved until the litigation is resolved.
E-mails that document substantive City Business need to be retained according to the retention period associated with the function of the e-mail documents, pursuant to the department’s records retention policy and preserved and transferred to an appropriate storage format.
Each department is responsible for notifying the Administrative Services Department if a Covered Individual’s e-mail account should be retained longer than 30 days after their employment. E-mail accounts of Department Directors and Assistant Directors, including the City Clerk and City Attorney, should be retained for a period of one year.
Section III: Employee Conduct 3-7 SOCIAL MEDIA POLICY
87 PURPOSE
Social media, which includes (but is not limited to) the City’s Facebook, Instagram, YouTube and Paramount Works App, is a primary means of communication for the City. The City recognizes the vital importance of these platforms for public engagement and staff is committed to providing timely responses, accurate information, and engaging content. This Social Media Policy has been developed to help navigate this fast-moving and complex environment in order to represent our City and share necessary information while demonstrating the positive impacts of our work.
This policy is intended to help employees understand best practice guidelines and legal parameters using social media as a means of conveying City information to its residents, businesses, and visitors, as well as maximizing visibility for City services, programs, events, and community engagement.
The City’s social media platforms are for the exclusive use of disseminating official information about the City to residents, businesses, and visitors. The City supports the use of social media as an additional communication tool that informs and engages the public and promotes the City and its departments. The City’s primary use of any social media site is to relay matters of City business and public information. The City has a primary interest and expectation in protecting the integrity of information posted on its social media sites and deciding what is communicated on these platforms.
1. RESPONSIBILITY
a. The Public Information Officer (PIO) will act as Administrator of all City Social Media accounts for every department. Additionally, the PIO is responsible for enforcing this Social Media Policy, and will serve as a social media point of contact. b. Department Directors have the authority to determine the development of social media content related to their respective departments. Department Heads must communicate with the Communications Office for the development of content posted on behalf of their department. Department Heads may appoint a delegate from their department to work directly with the Communications Office to post on behalf of their department. PIO will grant or approve specific administrative access and rights for City departments to post or share important content in a timely manner.
c. Social Media Administrators (Communication Specialists or Designated Employee(s)) shall be responsible for developing, posting, and monitoring content on behalf of the City for all approved social media sites. The Social Media Administrator shall review department-submitted content and ensure all posts meet the City’s branding guidelines. d. Authorized consultants will review and monitor comments, guiding message requests that require urgent response from the City to the appropriate department. They will also recommend best practices when handling sensitive information and/or crisis response.
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88 2. GOVERNANCE
a. The City’s official website at https://www.paramountcity.com will remain the City’s primary source and means of internet communication.
b. Wherever possible, content posted to the City’s social media sites will also be made available on the City's website.
c. To the extent possible, City social media pages should link back to the official City of Paramount website for forms, documents, online services, and other information necessary to conduct business with the City of Paramount. d. Information posted by the City on social media pages will supplement (not replace) required official City notices and standard methods of communication. e. The official City presence on social media sites constitutes an expansion of the City’s information networks and are governed by City policies. f. All City social media pages shall adhere to applicable federal, state, and local laws, regulations, and policies.
g. City social media pages are subject to the California Public Records Act and Proposition 59, amending Article 1, Section 3 of the California Constitution. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting may be a public record, with exceptions, subject to public disclosure. Content and comments are not to be deleted unless reviewed by Public Information Team for violation of policy or the Terms of Service required by the social media platform. h. City social media site content shall be retained in accordance with the City’s current record retention schedule.
i. The City Clerk is responsible for responding to any public records request for social media; such requests shall be handled in collaboration with the Public Information Team and City Attorney’s Office. Content related to City business shall be maintained in an accessible format so that it can be produced in response to a request. Wherever possible, sites shall clearly indicate that any articles and any other content posted or submitted for posting may be or are subject to public disclosure upon request. Users shall be notified that public disclosure requests must be directed to the City Clerk’s Office.
j. California law and relevant City records retention schedules apply to social media formats and social media content.
k. The Communications Office will monitor content on City social media sites to ensure adherence to City’s Social Media Policy and the interests and goals of the City of Paramount.
Section III: Employee Conduct 3-7 SOCIAL MEDIA POLICY
89 l. Employees posting content on behalf of the City on its social media pages must conduct themselves, at all times, as representative of the City and in accordance with all City policies.
m. Employees identifiable by uniform, even when using personal social media, are representatives of the City.
n. Employees representing the City may not use the City’s social media efforts/content for personal gain.
o. Any employee authorized to post on the City’s social media pages shall review, be familiar with, and comply with this policy.
3. SITE MANAGEMENT AND CONTENT
a. Social media sites approved for official use by the City include but are not limited to:
Facebook, Instagram, YouTube and the Paramount Works app. On January 1, 2023, the City deactivated its Twitter Account and will no longer be monitoring or posting on that platform.
b. City social media pages should make clear that they are maintained by the City and state that they follow the City’s Social Media Policy.
c. The main image or “profile picture” shall be the City logo, seal or an appropriate photo as determined by the City Manager or designee.
d. Use of the City’s official logo and/or brand for social media must be consistent with the City’s policies governing the use of the City’s logo, seals, badges and other identifiable markings (i.e. Branding Guide).
e. Not all forms of social media may be appropriate for use by the City and any social media page established on behalf of the City must be approved by the City Manager.
Consideration shall be given to the overall nature, theme, and suitability for use for City purposes.
f. The City’s social media sites are to be used for informational purposes and all content must pertain to the City and/or City business, programs, services, or events. g. Acceptable content includes but is not limited to text, graphics, hyperlinks, photos, and videos.
i. Posts must contain information that is freely available to the public and not be confidential as defined by any City policy or state or federal law. i. Posts by the City or City departments must reflect the views and positions of the City.
There shall be no posting of personal views or concerns.
Public Terms and Conditions
a.i. Each social media platform must include a link somewhere that directs visitors to the City’s website and “Public Disclaimer/Terms of Use”.
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90 b.i. In the social media tool’s “background” or “biography” section, the following must be included: “This is the official [social media title] account of the City of Paramount administered by the Public Information Officer.” 1) If space permits, include the following language: “This is an official [social media title] page of the City of Paramount administered by the Public Information Officer. This social media site is designated as a limited public forum. For more information about the City of Paramount, please visit https://www.paramountcity.com. This site is intended to serve as a mechanism for communication between the public and the department on the listed topics and as a limited forum to further the mission of the City. Any comment submitted to this page and its list of followers may be considered a public record, which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the City Clerk’s Office.”
Responding to Posts, Comments, and Messages
a. Similar to someone visiting City Hall to ask for help or inquire about a City program or policy, our goal is to provide good customer service to our community. We are generally interested in responding, but not limited to:
• General questions – an opportunity to lead someone to factual information or a City staff person who can help.
• Misinformation – an opportunity to correct misperceptions or rumors. • Disinformation – an opportunity to correct deliberate misleading. • Complaints – an opportunity to take a conversation offline for follow-up, response, and/or funnel a complaint to a proper channel.
• Emergency Response Announcements – Public safety, hazards, etc. b. Responses to posts or comments must be relevant, timely, accurate, and informative Prohibited Activity
a. As a neutral party, the City will not “follow,” “subscribe to,” or “like” the social media sites of any active members of the City Council. Paramount’s Congressional and Legislative representatives are excluded from this provision.
b. Content in any post made on behalf of the City shall not specifically endorse or mention any City vendor, supplier, customer, contractor, employee, official, or resident, without the approval of the Public Information Officer. “Following” or “liking” a social media page is not a form of City endorsement.
Video Posting Standard
• The City’s Public Information Officer or designee will be responsible for approving all video content.
• Video quality must be comparable to DVD resolution quality 640x480.
Section III: Employee Conduct 3-7 SOCIAL MEDIA POLICY
91 • Low-quality video will be considered as long as the audio portion is clear and the content is compelling and informative.
• The City must secure a disclaimer from the author or owner or the right to use all or part of a video if the video was not produced by the City or related entity. • Videos streamed from other sources may not be posted to the City’s website. Links to external videos are permitted, but it must only be used when content is relevant and necessary approvals are received.
Submitting Videos to Hosting Sites
• Videos may be submitted to hosting sites such as YouTube and Vimeo as well as Facebook and Instagram on a case-by-case basis under the direction of the City’s Public Information Officer or designee.
• Comments posted to these sites must be monitored or the ability to post a comment shall be turned off. Comments must adhere to the guidelines stated in the Social Media Public Disclaimer/Terms of Use.
Section III: Employee Conduct
DRESS CODE
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92 POLICY
To maintain a professional workplace environment that is free from unnecessary distractions, employees should maintain a neat and clean appearance that is appropriate for the workplace setting and for the work being performed. Colors and styles of garments should be consistent with industry and professional standards, safety, and comfort.
Guidelines
Based on the nature of the job, certain employees are required to wear city-issued uniforms as a condition of employment. The City provides complete or partial uniforms to all employees who are required to wear a uniform at no cost to the employee. Employees are responsible for the safekeeping of these uniforms. Employees are not allowed to report for work in soiled or wrinkled uniforms. Uniforms are to be worn only when on duty.
No adornments other than City name badges are authorized as part of the uniform. Upon termination of employment, or transfer to a department with different uniform requirements, all uniforms provided by the City must be returned to the City.
Hats (i.e., baseball cap style or sun visor) are allowed for some positions as deemed appropriate by the City Manager and Department Director for work-related activities, but must be City-issued, or a solid color approved by the City without any affiliation to a sports team or organization, other than the City of Paramount.
Employees wearing City issued clothing or promotional clothing labeled with City logos while on duty or off duty may be perceived by the public as in the employee of the City or on duty with the City. Therefore, employees who are wearing items with City logos or titles are expected to conduct themselves with integrity and decorum.
Relaxed Dress Code on Occasion
The City Manager may institute a relaxed dress code standard on certain days. Except on occasions requiring a higher standard of personal appearance, such as contact with the public or meetings with external parties, employees may elect to wear casual attire on such days determined by the City Manager. However, some positions may not be able to participate in a relaxed dress code given certain health and safety measures (i.e. personal protective equipment, attire designed to safeguard employees from hazards, or uniforms used to identify employees to the public).
Clothing and footwear must not present a safety hazard. • A City-issued shirt, or a business-appropriate top are allowed (no non-City t-shirts, tank tops, or sports-affiliated attire).
• Permitted: open neck sport or polo-type shirt with collar, and casual pants (including denim jeans); Small logos indicating the clothing’s manufacturer are Section III: Employee Conduct
DRESS CODE
3-8
93 allowed; Logos or messages promoting City-sponsored events may be allowed on a case-by-case basis.
• Not permitted: Shorts (for office staff), shirts without collars, athletic clothing, and attire displaying inappropriate messages or sports logos, jeans with holes, jeans dragging the floor, or frayed at the hem.
• Sneakers are and other casual shoes are permitted, as long as they are appropriate for interacting with the public.
• No flip-flops
Section III: Employee Conduct
REQUEST FOR INFORMATION AND MEDIA CONTACT
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94 POLICY
It is the policy of the City to provide all information to the public that is not expressly prohibited from disclosure by the Public Records Act.
If staff has any question that a request is legally protected, they will address their question to the City Clerk who will then address the question directly with the City Attorney.
Examples might be personnel records, communications between legal counsel and representatives of the City, or consultants' reports prepared with the participation of counsel.
If a copy of a document is requested, as opposed to an inspection of a public document, the copy will be provided as soon as possible within the requirements of the Public Records Act.
Requests for Information from City Council Members
When a City Council Member seeks clarification on informational items, the City Council Member will be referred directly to the City Manager or appropriate management personnel for information needed to supplement, upgrade, or enhance the City Council Member's knowledge. When a City Council Member seeks clarification on policy related concerns, especially those involving personnel, legal action, land acquisition and development, finances, and programming, said concerns will be referred directly to the City Manager.
Media Contact
Employees may be approached for interviews or comments by the news media. Only contact people designated by the City Manager, or authorized designee, may comment to news reporters or other media on programs, projects, policies or events that have an impact on the City. Otherwise, all media contacts and requests for information or interviews must be referred to the City Manager, or authorized designee.
Section III: Employee Conduct
GRATUITIES
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95 POLICY
The purpose of this policy is to ensure that City employees do not receive or accept gifts or gratuities that may improperly influence their decision-making or job performance, subject to the business needs of the City. A gratuity is defined as a gift or service rendered to an individual. Gifts include, but are not limited to money, candy, alcoholic beverages, tickets to events, trips, or the use of equipment or property. All gratuities received or offered to the employee should be reported to the employee's supervisor.
An employee's job requirements may include attendance at conferences or other business gatherings, or other circumstances where it is necessary for business purposes to be able to accept gifts or gratuities. Accordingly, employees in these positions may not receive a gratuity from any individual, organization, or vendor doing business with the City that has an estimated aggregate value exceeding the maximum amount allowable by the Fair Political Reform Act that is administered by the Fair Political Practices Commission.
An employee's obligation under this policy is in addition to and does not in any way change his/her obligation under the City's Business Ethics Policy. City employees may not receive a gratuity from any individual, organization, or vendor doing business with the City where doing so could influence or be perceived to influence the business decisions of the City.
Employees are required to comply with the Political Reform Act of 1974 and, as appropriate, to complete and file Form 700-FPPC, which is a public document, intended to disclose potential conflicts of interest.
3-7
SECTION IV:
APPENDICES
#
Section IV: Appendices
APPENDICES
4-1
90 Appendix 1: Classification Table
Classification Title
FLSA
Status
Accountant Non-Exempt
Accounting Specialist Non-Exempt
Accounting and Budget Manager Exempt
Administrative Assistant Non-Exempt
Administrative Intern Non-Exempt
Assistant City Manager Exempt
Assistant Planning and Building Director Exempt
Assistant Community Services Director Exempt
Assistant Finance Director Exempt
Assistant Public Safety Director Exempt
Assistant Public Works Director Exempt
Assistant Planner Non-Exempt
Associate Planner Exempt
Building and Safety Inspector Non-Exempt
Building and Safety Manager Exempt
Building Permit Technician Non-Exempt
City Clerk Exempt
City Manager Exempt
Code Enforcement Officer Non-Exempt
Code Enforcement Officer Supervisor Exempt
Communication and Engagement Manager Exempt
Communications Specialist Non-Exempt
Community Service Officer Non-Exempt
Community Service Officer Supervisor Non-Exempt
Community Services Director Exempt
Community Services Supervisor Exempt
Deputy City Clerk Exempt
Executive Aide Non-Exempt
Executive AssistantAdministrative Aide Non-Exempt
Finance Aide Non-Exempt
Finance Assistant Non-Exempt
Finance Director Exempt
Finance Supervisor Exempt
Finance Technician Non-Exempt
Financial Services Manager Exempt
Human Resources Assistant Non-Exempt
Section IV: Appendices 4-2 APPENDICES
91 Human Resources Manager Exempt
Section IV: Appendices
APPENDICES
4-1
92 Classification Title
FLSA
Status
Maintenance Aide Non-Exempt
Maintenance Supervisor Exempt
Maintenance Worker Non-Exempt
Management Analyst Exempt
Office Assistant IAdministrative Aide Non-Exempt
Office Assistant II Non-Exempt
Parking Control Officer Non-Exempt
Payroll Technician Non-Exempt
Planning Intern Non-Exempt
Planning and Building Director Exempt
Project/Program Manager Exempt
Public Safety Director Exempt
Public Safety Assistant Non-Exempt
Public Works Director Exempt
Public Works Operations Manager Exempt
Recreation Coordinator Non-Exempt
Recreation Leader Non-Exempt
Senior Accountant Exempt
Senior Code Enforcement Officer Exempt
Senior Maintenance Worker Non-Exempt
Senior Management Analyst Exempt
Senior Recreation Leader Non-Exempt
Senior Services Program Supervisor Exempt
Senior Water Operator Non-Exempt
STAR Program Assistant Non-Exempt
STAR Program Coordinator Non-Exempt
STAR Program Leader Non-Exempt
Warehouse Attendant Non-Exempt
Water Operator Non-Exempt
Water Operator Aide Non-Exempt
Water Quality Specialist Non-Exempt
Water Superintendent Exempt
Water Supervisor Exempt
Section IV: Appendices 4-2 APPENDICES
93 SOCIAL MEDIA
PUBLIC DISCLAIMER / TERMS OF USE
The following Public Disclaimer/Terms of Use must be displayed or linked on any City social media site. Any moderation or deletion of social media site content, including comments, must follow this policy. Comments may not be deleted solely for being critical of the City or based on viewpoints expressed, unless the comment violates any provision in this policy.
THIS SOCIAL MEDIA SITE IS DESIGNATED AS A LIMITED PUBLIC FORUM.
The purpose of the City of Paramount’s social media sites is to share news, public information, and updates regarding the activities, policies and programs of the City. However, the information and content contained on our social media site are only intended to supplement, not to replace, the information available through official City channels, in general, on the City’s official website at https://www.paramountcity.com.
Under no circumstance should an individual report an emergency through a direct message or comment on a City social media site. In cases of an emergency or immediate danger, please dial 9-1-1.
If you are a reporter, please direct your inquiries to the Public Information Officer at (562) 220- 2000. We do not post nor respond to media inquiries on our social media sites.
The City is not responsible for comments, remarks, messages, or other material posted to its social media sites and does not, in any way, guarantee or warrant the content, accuracy, or use of social media content from members of the public. The City specifically disclaims all liability for claims or damages that may result from any posting on its social media sites. Opinions expressed on our social media sites are those of the person posting and do not necessarily reflect the opinions, practices, or policies of the City. In no event shall the City be liable to you or anyone else for any decision made or action taken in reliance on information on our social media sites.
By accessing, viewing and/or posting content to our social media sites, you accept, without limitation or qualification, these terms and conditions of use, as well as any other terms of use required by the companies that own and operate the social media sites. Your use of our social media sites is deemed acceptance of these terms and conditions and to have the same effect as if you had physically signed an agreement.
These terms and conditions are in addition to the third-party policies, terms, and conditions of any social media provider (i.e., Facebook, Instagram, Twitter, YouTube, etc.). The City is subject to the terms of use for this site by the provider. The City does not control the terms and conditions of the social media provider.
Your Comments Are Public and Reviewed
Our social media sites are public and viewable by everyone. Comments and shared information also become part of a public record and may be archived in order to abide with applicable laws, e-discovery requirements, and document retention policies. Information shared through our social media sites may be subject to release to those who request it through the California Public Records Act or other public information statutes. Your use of our social media sites and the posting of any content is deemed a waiver by you of any rights to privacy or confidentiality.
Please be aware that we review all comments after you post them. Because the site is visible 4-2
to all ages, we expect persons who leave comments to do so with respect, good manners, and careful thought of who might be seeing them.
Consistent with the purpose of this Limited Public Forum, we reserve the right to moderate, monitor, remove, prohibit, restrict, block, suspend, terminate, delete, discontinue, or reject comments and access to comments if they are:
• Profane, obscene, pornographic, abusive, threatening, racist, defamatory, offensive or contains violent language
• Trolling (posts that are deliberately offensive, provocative, or disruptive and intended to hijack our content, deflect our information off-track)
•1. Messages that are a violation of existing law or regulation • Violations of the intellectual property rights of others • Spam (unsolicited messages that are usually intended as advertising or messages that are repeatedly posted on the same site)
• Attacks or calls-to-action for attacks on specific groups or individuals • Intended to harass, threaten or abuse an individual or are defamatory, derogatory, or are personal attacks on any City official, employee, resident, or business
• Hateful or discriminatory comments regarding or comments that promote, foster, or perpetuate discrimination of harassment on the basis of race, ethnicity, religion, gender, disability, sexual orientation, political beliefs, or a protected class under local, state, or federal law
• Links or comments containing sexually explicit content or material • Links to malicious software or sites
• Cyber-stalking or threats to an individual or organization, or intended to collect or post private information and data without disclosure (e.g., doxxing) • Messages that relate to confidential, private, or proprietary information • Messages that are inappropriate, in poor taste, or otherwise contrary to the purposes of our site or the business of the City.
• Self-promotion
• Solicitation of funds
• Unsolicited business proposals and inquiries
• Reports of criminal or suspicious activity
• Encouragement of illegal or unlawful activity
• Posts not in compliance with our social media host’s own terms and conditions • Posts that attempt to or do take over a thread in ways that are contrary to these terms and conditions (including off-topic, random, or unintelligible posts) The above list is not necessarily exhaustive, and the City reserves the right to remove or restrict any post or comment that violates the purpose or spirit of these terms and conditions.
Individuals who comment or post to our social media sites and who repeatedly violate these terms and conditions may, among other actions, be banned, prohibited from posting future comments, or be reported to the social media provider.
We do not edit comments for the purpose of removing objectionable or inappropriate content and leaving non-objectionable or appropriate content. If you want your comments to remain posted, please ensure that you comply with this policy.
While comments and direct messages may be posted or sent at any time because of the nature of social media, comments and messages will be routinely reviewed during regular business hours.
Information contained on our social media sites may be intercepted, recorded, read, copied, Section IV: Appendices 4-2 APPENDICES
95 and disclosed by and to authorized personnel for any official purpose, including criminal investigations. Unauthorized access or use of our social media sites, including attempting unauthorized copying, altering, destroying, or damaging site content, may violate the Federal Computer Fraud and Abuse Act of 1986 and may subject violators to criminal, civil, and/or administrative action.
Privacy
Do not include personally identifiable information in the body of your social media comments.
This is for your own protection and privacy.
Endorsements
The City does not endorse commercial entities, products, services, or other nongovernmental organizations or individuals through social media. Any references to commercial entities, products, services, or non-governmental organizations or individuals are solely for informational purposes or posted by the social media provider.
Our Comments Are Not Legal Advice and Your Comments Are Not Official Notice Postings, interactions, and messages made through social media sites do not constitute legal advice. Likewise, anything you post is not considered an official notice or comment to the City or to any official or to any of our employees for any purpose. The City disclaims all warranties, expressed or implied, for any of the information and content provided on its social media site.
You May Own Your Comments, but We Can Use Them
You may own all the comments, content, messages, and similar information that you post on our social media sites (subject to any terms or conditions of the social media provider). You are responsible for how you control the sharing of that content through the privacy and application settings of the social media provider.
By posting on our social media sites, you grant the City a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use that content. That means the City can reproduce, distribute, publish, display, and otherwise use your content. If you do not wish to have the content you have posted used, published, copied and/or reprinted, it should not be posted on our social media sites.
Advertisement and Link Disclaimer
The information provided on our social media sites and any links or references thereon are provided as a courtesy to site visitors.
The City does not endorse, recommend, nor approve of any person, any product, or any service mentioned on the City’s social media sites nor referenced or contained on any other website or social media page. The City does not endorse nor support any advertising that may be contained on its social media site nor on any of the pages of any linked or referenced sites.
The City does not generally link to the following:
• Candidate or nominee sites nor sites advocating a position on City or ballot issues • Corporate commercial sites (Please note that non-profit organizations may include links to member or sponsor organizations. However, such links are not an endorsement or recommendation by the City.)
• Personal home pages
External links may be provided at times and are posted only as additional information or resource
material. The City does not attest to the accuracy of information provided by any links. Should you access another site through a link, you are subject to that destination site's 4-2
own privacy policy and terms of use.
Intellectual Property Use
Images, photographs, written works, and graphics used by us on our social media sites, unless otherwise noted, are the property of the City and are protected under both United States and International Copyright Laws. Our images, photographs, written works and graphics may not be reproduced, copied, transmitted or manipulated without the written permission of the City.
Use of any image or content from our social media sites as the basis for any other, literary writing,
photograph, or illustration (in any format) is a violation of the United States and International Copyright laws.
For questions pertaining to our intellectual property rights or for permission to reproduce our social media please contact the City’s Public Information Officer at (562) 220-2000.
Indemnification
By using our social media sites, you agree to defend, indemnify, and hold the City and its officers, directors, employees, contractors, representatives, agents, successors and assigns harmless from and against any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which they may become subject and which arise out of, are based upon, are as a result of, or are in any way connected with your use of our social media sites, including any third party claims of infringement or any breach of these terms and conditions.
Jurisdiction
By using our social media sites, you agree that any claim or dispute relating to the posting of any content on our social media sites shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions, and you agree to be bound and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
This Policy Is Subject to Amendment
This policy may be updated or amended at any time without notice. Each time you access or use our social media sites, the policy then in place at the time of such access or use will govern your usage and posting.
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 24, 2025
SUBJECT: PURCHASE OF HARDWARE/LICENSING FOR VIRTUAL NETWORK
REFRESH
BACKGROUND
The City is in need of updating and modernizing its virtual network infrastructure This involves replacing outdated or inefficient technologies with new, more capable solutions, such as newer versions of hypervisors or network operating systems. This process typically takes place every 7 to 10 years.
DISCUSSION
Older virtual network technologies may become outdated or have security vulnerabilities, leading to performance issues or security risks. Newer technologies can provide better scalability, performance, and resource utilization, enabling organizations to adapt to changing workloads and demands. Replacing older, less efficient equipment can lead to lower energy consumption, maintenance costs, and operational expenses. Newer virtual network technologies often include new features and functionalities that can improve the overall user experience and enable new use cases.
The City’s current server network is outdated and reaching end of life; it was last installed in 2018. In order to prevent a Citywide server failure, the City’s IT contractor recommends the purchase of new virtual environment hardware (3 servers and storage; 2 switches), licensing, configuration, and associated warranties, through the vendor Sidepath for a cost of $134,936. The hardware would be installed by the City’s IT team. If approved by City Council, the City Manager would execute the agreement with Sidepath and procure the materials. Completion of the project is anticipated by August 2025.
Compliance with Purchasing Policy
Under Section 3.20.070 of the Paramount Municipal Code, the City's purchasing policy allows for exemption from bidding as follows:
3.12.070. Exemption from bidding upon determination of Purchasing Officer or City Council.
Agenda Report June 24, 2025
PURCHASE OF NETWORK HARDWARE/LICENSING Page 2
The bidding requirements set forth in Sections 3.12.050 and 3.12.060 may be waived, at the discretion of the Purchasing Officer, when any of the following is applicable:
D. Supplies or equipment are procured through a cooperative purchasing program with Federal, State, County or other public agencies.
Sidepath has a cooperative purchasing contract through NASPO, a cooperative purchasing agreement that allows local governments to leverage existing contracts.
Pricing for the new hardware and licensing is based on the NASPO pricing structure. The proposed contract with Sidepath through piggybacking off the NASPO contract satisfies the City’s purchasing ordinance requirements.
FISCAL IMPACT
The FY 2024-25 operating budget within the Administrative Services budget (Account 1411-5151) includes $180,000 for this virtual network refresh. Due to delays with receipt of material, this project will not be completed until later this summer. Therefore, funding to cover this expense has been included in the adopted FY 2025-26 budget.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
1) Approve the purchase of the new server network hardware, licensing, installation and warranties from Sidepath in the amount of $134,936 and authorize the Mayor or her designee to execute the agreement in a form approved by the City Attorney; and 2) Authorize the City Manager to utilize a project contingency of up to 10% in the event of unforeseen conditions.
MASTER PURCHASE AGREEMENT
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 1 of 14 This Master Purchase Agreement and its applicable attachments (the “Agreement”) between Sidepath, Inc., a California corporation, with its principal office at 22892 Mill Creek Drive, Laguna Hills, CA 92653 (“Sidepath”), and City of Paramount, with its principal office at 16400 Colorado Avenue, Paramount, CA 90723 (“Customer") establishes the terms and conditions governing the purchase and/or lease of Products and Services. This Agreement is effective on the date it has been signed by an authorized representative of both parties (“Effective Date”).
This Agreement incorporates two separate NASPO agreements: 1) Value Point NASPO AR2472 and 2) Dell NASPO 23026. In the event of any conflict between this Agreement and each of the aforementioned NASPO agreement, the terms of the NASPO agreement shall control.
1. Overview and Term
a. This Agreement governs the purchase and/or lease of Products and Services from Sidepath as set forth in Customer’s purchase order that has been accepted by Sidepath or Sidepath’s quotation that has been signed by Customer (each, an “Order”), and/or in a Statement of Work signed by the parties (an “SOW”), as applicable. “Products” are the hardware and software products and related maintenance and support services that Sidepath procures from vendors for resale to its customers from time to time. “Services” are professional services that Sidepath or its authorized subcontractors perform for Sidepath’s customers, but do not include maintenance and support services. Provisioning of Services is contingent upon Customer providing Sidepath with any equipment, software, licenses, technical information, design documentation, and any other information or documentation reasonably required to perform the Services as specified in each Order or SOW. b. Additional terms and conditions may be found in attachments to this Agreement, which are incorporated herein by reference and made a part hereof. Any additional or different terms and conditions contained in or included with any Customer purchase order will not apply to any Order notwithstanding any Sidepath acknowledgment or acceptance of such additional and/or different terms and conditions. c. If a conflict exists between language within the body of this Agreement and a mutually agreed-upon attachment or an SOW, the terms of the attachment or the SOW shall control. d. The term of this Agreement shall commence on the Effective Date and continue until terminated as provided herein.
2. Products; Maintenance and Support
a. Sidepath agrees to sell and Customer agrees to purchase the Products described in each purchase order submitted by Customer and accepted by Sidepath in accordance with this Agreement. b. Products purchased hereunder may only be used by Customer in connection with its business operations, and may not be resold or transferred to any third party. c. Sidepath may offer and Customer may agree to purchase maintenance and support services for Products in accordance with the terms and conditions specified in the applicable Order.
3. Services
a. If Customer orders Services, Sidepath or its authorized subcontractors shall provide such Services as set forth in the applicable Order or SOW. The Order or SOW shall incorporate, as applicable, the following; (a) identification of all deliverables, including all mutually agreed to Product deliverables; (b) a detailed description of all activities to be performed by Sidepath and Customer and the location of each activity; and (c) a timetable for completion of each phase of the project.
REVISED 6/23/2025
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 2 of 14 b. Sidepath shall furnish the labor, supervision, tools, equipment, materials and supplies for any such Services as specified in the Order or SOW.
4. Orders and Delivery
a. Customer shall issue an Order for any Products ordered hereunder, and shall issue an Order or execute an SOW for any Services ordered hereunder. Each Order or SOW shall include the following terms, as applicable, for the Products and/or Services ordered thereunder: (a) quantities; (b) item descriptions; (c) pricing; (d) delivery destination and shipping terms; and (e) billing information. b. Customer may request, by written notice to Sidepath prior to shipment of the Products and/or commencement of Services, to cancel an Order for Products and/or Services, or any part thereof, postpone the Delivery Date of some or all of the Products, change the destination to which some or all of the Products and/or Services are to be delivered or rendered, and/or change the scope of Services, it being understood and agreed, however, that Sidepath and/or the manufacturer/vendor, as applicable, may reject the request or impose price changes or surcharges.
c. Sidepath shall use commercially reasonable efforts to cause the Products to be shipped and delivered to the destination(s) set forth in each Order on or before the specified delivery date. d. Any damages or defects discovered after delivery must be reported within ten (10) business days and an RMA number must be received prior to return of the Product. All other Product issues must be handled through the manufacturer’s or vendor’s standard warranty process.
5. Payment and other Financial Terms
a. Customer will pay invoices in full within thirty (30) days after the invoice date, unless a different payment term has been negotiated as indicated on the applicable quotation. If Customer fails to pay any such invoice, interest will accrue on the unpaid balance after a grace period of another thirty (30) days at a rate equal to the lesser of 1.5% per month (eighteen percent (18%) per annum) or the maximum rate allowed by law.
Sidepath’s provision of Products and/or Services is subject to credit approval of Customer for each Order. b. Unless otherwise stated in the applicable Order or SOW for Services, Customer shall reimburse Sidepath for Sidepath’s reasonable expenses approved in advance by Customer and incurred by Sidepath in the performance of the Services.
c. Prices are exclusive of any applicable taxes unless otherwise indicated, and Customer shall pay when due all applicable taxes associated with the purchase and/or license of Products and/or Services, exclusive of any taxes based on Sidepath’s net income.
d. Title to Products purchased by Customer will not pass to Customer, and Customer agrees that the Products are and shall remain personal property, and not fixtures, whatever their mode of attachment to Customer’s premises, until all amounts due for such Products under this Agreement have been paid in full. Until all amounts due have been paid in full, Customer will maintain adequate insurance against fire, theft or other loss.
e. If requested by Sidepath, Customer hereby grants Sidepath a purchase money security interest in each Product purchased by Customer, and all replacements, proceeds, additions and accessions. The security interest will remain in full force and effect for each Product until all amounts due have been paid in full. Customer agrees to execute documentation reasonably required to perfect the security interest.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 3 of 14
6. Limited Warranties; Disclaimers; Indemnification
a. With respect to any Products purchased by Customer hereunder, the warranty for such Products shall pass through from the manufacturer. Customer's remedy under the Product warranty shall be as stated in the manufacturer’s warranty.
b. With respect to any Services purchased by Customer hereunder, Sidepath warrants that all such Services shall be provided in a professional, workmanlike manner, in accordance with applicable industry standards and the terms contained in the applicable Order or SOW.
c. If requested by Customer, repairs necessitated during the warranty period that are not covered by the manufacturer’s Product warranty, or repairs outside of the warranty period, may be made by Sidepath or an authorized subcontractor at Sidepath’s then standard charges for time and materials, together with shipping and handling charges related to performing such repairs. All such repair services shall be subject to a separate written agreement between the parties.
d. Without limiting anything herein, Sidepath is not responsible for security, including virus protection of the Customer’s network, unless otherwise agreed upon in writing by an authorized representative of Sidepath and Customer. Sidepath will take commercially reasonable efforts to secure Sidepath-provided architecture, but cannot guarantee such security. Unless otherwise agreed in writing, with respect to security, Sidepath is only responsible for installing or implementing manufacturer-issued security-related upgrades, updates and/or patches on Products sold and/or maintained by Sidepath.
e. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, SIDEPATH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTs AND/OR
SERVICES COVERED HEREUNDER, AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. ALL
WARRANTIES RELATED TO ANY THIRD PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE NOT PROVIDED HEREUNDER ARE EXPRESSLY EXCLUDED. f. To the fullest extent permitted by law, Sidepath shall defend, indemnify and hold the Customer, its elected and appointed officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those Customer agents serving as independent contractors in the role of Customer officials (collectively “Indemnitees” in this Section) free and harmless with respect to any and all third party claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, in any manner arising out of, pertaining to, or incidental to any acts, errors, omissions, or willful misconduct of Sidepath, its owners, officials, officers, employees, servants, subcontractors, contractors or agents (the “Sidepath Responsible Parties”) in connection with the performance of the Services, and/or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses (all of the foregoing, “Damages and Liability”). Sidepath's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Sidepath, or by the Customer or any of the other Indemnitees. Sidepath’s duty to defend, indemnify and hold harmless the Indemnitees shall not extend to any Damage and Liability that is based on, related to or connected with the acts or omissions or the sole or active negligence or willful misconduct of any of the Indemnitees or any party other than the Sidepath Responsible Parties.
7. Limitation of Liability
SIDEPATH SHALL HAVE NO LIABILITY FOR LOSS, DAMAGES OR EXPENSE, DIRECTLY OR INDIRECTLY, ARISING FROM CUSTOMER’S USE OF PRODUCTS AND/OR SERVICES OR ITS Sidepath MPA Rev101518-City of Paramount Jun2025 Page 4 of 14 INABILITY TO USE THE SAME, OR ANY THIRD PARTY’S UNAUTHORIZED USE OF PRODUCTS AND/OR SERVICES, OR, WITH RESPECT TO SIDEPATH’S OBLIGATIONS HEREUNDER, FOR
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SIDEPATH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES OR EXPENSE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND OTHER
EQUIPMENT FAILURE OR MALFUNCTION, LOST PROFITS OR OPPORTUNITIES, OR COMMERCIAL LOSS. SIDEPATH’S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING
OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR WARRANTY, WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PRODUCTS AND/OR SERVICES HEREUNDER.
8. Termination; Events of Default
a. Either party may terminate this Agreement at any time, for any reason or no reason, upon not less than ninety (90) days’ written notice to the other party.
b. Either party may terminate this Agreement upon an Event of Default by the other party by delivering written notice to such other party.
c. Each of the following events shall constitute an Event of Default under this Agreement:
(i) Customer’s failure to timely pay any undisputed amount due to Sidepath under this Agreement which is not cured within ten (10) days following receipt of written notice of such failure; (ii) failure by a party to perform or observe any other material covenant or agreement to be performed or observed by it hereunder which is not cured within thirty (30) days following receipt of written notice of such failure; and
(iii) the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings by or against a party under any section or chapter of the United States Bankruptcy Code, as amended, or under any similar laws or statutes of the United Status or any state thereof.
9. Intellectual Property
Customer acknowledges and agrees that the Products and/or Services contain, embody and are based on, patented or patentable inventions, trademarks, trade secrets, copyrights and other intellectual property rights (collectively, "Intellectual Property Rights") owned or controlled by Sidepath or the manufacturer, as applicable, and that Sidepath or the manufacturer, as applicable, shall continue to be the exclusive owner of all such Intellectual Property Rights.
10. Confidentiality
a. For purposes of this Agreement, “Confidential Information” means: (i) information contained in this Agreement or any Order or SOW, and any correspondence, quotes, proposals and written communications concerning the same; (ii) the pricing and quantity of Products or Services ordered under this Agreement; and (iii) other proprietary and confidential information disclosed by one Party (the “Disclosing Party”) to the other party (the “Receiving Party”) hereunder that is marked with a “confidential,” “proprietary” or similar legend, or otherwise designated by the Disclosing Party as Confidential Information at the time of disclosure, or that should be reasonably understood by the Receiving Party to be confidential information of the Disclosing Party under the circumstances.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 5 of 14 b. Confidential Information does not include information that: (i) was acquired by the Receiving Party prior to the time of its disclosure, as shown by documentary evidence in existence at the time of disclosure, and at a time when the Receiving Party was under no obligation to the Disclosing Party to keep such information confidential; (ii) is or becomes available in the public domain through no act of the Receiving Party that violates this Agreement; (iii) is received by the Receiving Party from a third person or entity that is not known by the Receiving Party to be sharing such information in violation of the rights of the Disclosing Party; (iv) is developed by, or on behalf of, the Receiving Party without any use of Confidential Information of the Disclosing Party; or (v) is at any time furnished to a third party by the party to whom such information belongs without restrictions on such third party’s rights to disclose.
c. The Receiving Party shall: (i) treat the Disclosing Party’s Confidential Information as it does its own valuable and sensitive information of a similar nature, but in any event with at least a reasonable degree of care and protection; (ii) not divulge the Confidential Information to any third party, except: (A) its officers, directors, attorneys, accountants, independent auditors, employees, parent company, lenders, attorneys and accountants, and then only on a need to know basis and only after such third party agrees to confidentiality provisions at least as restrictive as those set forth in this Section; or (B) in order to comply with applicable law, subject to subsection (d) below; (iii) refrain from copying the Confidential Information, in whole or in part, except as required for its performance hereunder and subject to the accurate reproduction of all proprietary legends and notices located in the originals; and (iv) not use the Confidential Information, except as necessary for the Receiving Party to perform its obligations under this Agreement.
d. Unless prohibited by law, the Receiving Party will promptly notify the Disclosing Party if the Receiving Party is compelled to disclose any of the Disclosing Party’s Confidential Information pursuant to applicable law, court order or governmental demand. Upon the Disclosing Party’s request and at its expense, the Receiving Party will cooperate with the Disclosing Party in seeking a protective order or other arrangement to preserve the confidentiality of the Disclosing Party’s Confidential Information. If the Receiving Party is ultimately compelled to make the disclosure. It shall disclose only that portion of the Confidential Information as is required to satisfy the applicable requirement.
e. Upon the Disclosing Party’s written request, the Receiving Party will return, or certify the destruction of, all Confidential Information in the Receiving Party’s possession or under its control, provided that the Receiving Party may retain an archive copy of any Confidential Information, subject to its continuing confidentiality obligations hereunder.
11. Insurance
Sidepath shall comply with its obligations as set forth in the attached Exhibit B, which Exhibit is hereby incorporated herein by this reference.
12. Other Provisions
a. Entire Agreement. This Agreement, including all documents referenced herein, attachments and exhibits, constitutes the entire agreement and understanding between the parties relating to its subject matter, and supersedes all prior or contemporaneous negotiations or agreements, whether written or oral, relating to its subject matter. THIS AGREEMENT MAY NOT BE MODIFIED, CHANGED OR AMENDED EXCEPT BY A WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY. b. No Waiver. No action taken by either party shall be deemed to constitute a waiver of compliance with any term or condition contained in this Agreement unless such waiver is in writing and signed by a senior executive of the waiving party. The waiver by a party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 6 of 14 c. No Assignment. Customer may not assign any rights or obligations under this Agreement without the prior written consent of Sidepath.
d. Notices. Notices required under this Agreement shall be sufficient if contained in writing and delivered by hand or sent by facsimile, express or overnight mail, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the parties as specified below or at such other address as a party may subsequently direct in writing. All notices shall be deemed given when received by the intended recipient.
To Sidepath: To the Customer:
Sidepath, Inc. City of Paramount
22892 Mill Creek Drive 16400 Colorado Avenue
Laguna Hills, CA 92653 Paramount, CA 90723
Attn: President Attn: ________________________
e. Severability. If any provision of this Agreement is for any reason held to be unenforceable, all other provisions of this Agreement will remain in full force and effect and the unenforceable provision shall be replaced by a mutually acceptable enforceable provision consistent with the parties’ original intent. f. Governing Law. THIS AGREEMENT IS MADE, EXECUTED AND DELIVERED IN THE STATE
OF CALIFORNIA AND WILL BE GOVERNED AND CONSTRUED FOR ALL PURPOSES IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.
g. Arbitration. Should any dispute arise between the parties relating to this Agreement or any Order or SOW (including the scope and validity of this arbitration provision), the parties will first negotiate in good faith, for a period of at least fifteen (15) days, and attempt to resolve the dispute. In the event the dispute is not so resolved, the parties agree that such dispute shall be resolved exclusively by binding arbitration before a single arbitrator conducted through Judicial Arbitration & Mediation Services (JAMS) in Orange County, California.
Each party will be responsible for its own legal and expert fees and expenses, and will share equally the expenses of the arbitrator and the other related costs of arbitration. However, nothing herein shall prohibit either party from seeking a temporary restraining order, preliminary injunction or other equitable relief (particularly in the event of a default arising out of the confidentiality provisions) from a court of competent jurisdiction if, in such party’s judgment, such action is necessary to avoid irreparable damage or to preserve the status quo. h. Survival. Any provision herein that, by its nature or terms, is intended to survive termination of this Agreement (including without limitation Sections 1(c), 5, 6, 7, 9, 10 and 12) shall so survive. i. Relationship of Parties. The relationship of the parties is that of independent contractors. Nothing contained herein or done pursuant to this Agreement shall create any other type of relationship between the parties, including without limitation that of employer/employee, partners, joint venturers or affiliates of any kind. j. Unforeseen Circumstances. Sidepath shall not be responsible for any failure to perform or delay in performing any of its obligations hereunder where and to the extent that such failure or delay results from causes outside the reasonable control of Sidepath.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 7 of 14
BY SIGNING BELOW, BOTH PARTIES ACKNOWLEDGE THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
CUSTOMER SIDEPATH, INC.
By: ________________________________ By: _____________________________ Name: ________________________________ Name: _____________________________ Title: ________________________________ Title: _____________________________ Date: ________________________________ Date: _____________________________ Sidepath MPA Rev101518-City of Paramount Jun2025 Page 8 of 14
EXHIBIT A
STATEMENT OF WORK
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 9 of 14 Sidepath MPA Rev101518-City of Paramount Jun2025 Page 10 of 14 Sidepath MPA Rev101518-City of Paramount Jun2025 Page 11 of 14 Sidepath MPA Rev101518-City of Paramount Jun2025 Page 12 of 14
EXHIBIT B
INSURANCE
1. Time for Compliance. Sidepath shall not commence work under this Agreement until it has provided evidence satisfactory to the Customer that it has secured all insurance required under this Exhibit, or as may otherwise be permitted or required in writing by the Customer’s risk manager.
2. Types of Insurance Required. Sidepath shall procure and maintain in full force and effect during the term of this Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Sidepath agrees to amend, supplement or endorse the policies to do so.
A. Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
B. Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
C. Professional Liability (Errors & Omissions): Sidepath shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, including for technology errors and omissions; in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims-made” policy is provided, it shall include an extended reporting period of not less than three (3) years.
D. Commercial Automobile Liability Insurance: Sidepath shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Sidepath arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Customer shall be named as an additional insured on such policy.
E. Cyber Liability: Vendor shall maintain comprehensive cyber liability insurance with limits of $1,000,000 per occurrence/loss and $2,000,000 general aggregate. If a “claims-made” policy is provided, it shall include an extended reporting period of not less than three (3) years.
F. For Commercial General Liability and Commercial Automobile Liability (CGL Coverage): The Customer will be named as an additional insured, under the commercial general liability (“CGL”) insurance policy coverage, for all liability arising out of the operations by or on behalf of the named insured, and this CGL policy protects the additional insured, its officers, agents and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 13 of 14 (1) Each such CGL policy shall be endorsed with the following language: The Customer of Paramount is included as a Named Insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, including the insured's general supervision of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
(2) This CGL policy shall be considered primary insurance as respects the Customer, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the Customer, including any self-insured retention the Customer may have, shall be considered excess insurance only and shall not contribute with it.
(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
(4) The Additional Insured coverage under Sidepath’s policy shall be primary and noncontributory and will not seek contribution from the Customer’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
G. Deductibles and Self-Insured Retentions: Any self-insured retentions must be declared to and approved by Customer. Customer reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
3. Waiver of Subrogation. All policies of Commercial General Liability, Commercial Automobile Liability, and Worker’s Compensation shall specifically allow Sidepath or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Sidepath hereby waives its own right of recovery against the Customer, its officials, officers, employees, and agents to the extent of such coverage.
4. Evidence of Insurance. Sidepath shall deliver redacted copies of the required policies or original certificates of insurance and redacted or specimen endorsements issued by their insurer. Sidepath and its insurer are solely responsible for ensuring that the required insurance complies with this Agreement and provides adequate coverage for all services performed. Sidepath shall procure insurance policies that meet the stated standards.
At least fifteen (15) days before any policy expires, or within a reasonable time after policy renewal, Sidepath shall provide evidence of renewal or replacement coverage. If any policy is canceled or reduced, Sidepath must file evidence of reinstatement or replacement coverage within ten (10) days of receipt of written notice of the change.
The Customer may request copies of insurance policies and endorsements for informational purposes only, without assuming any obligation to verify compliance or adequacy.
Sidepath MPA Rev101518-City of Paramount Jun2025 Page 14 of 14
5. Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced promptly so as to avoid a lapse in the required coverage, Customer has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Customer will be promptly reimbursed by Sidepath or Customer will withhold amounts sufficient to pay premium from Sidepath payments. In the alternative, Customer may cancel this Agreement effective upon notice.
6. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M.
Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
7. Enforcement of Agreement Provisions (non-estoppel). Sidepath acknowledges and agrees that actual or alleged failure on the part of the Customer to inform Sidepath of non-compliance with any requirement imposes no additional obligation on the Customer nor does it waive any rights hereunder.
8. Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Agreement are not intended as a limitation on Sidepath’s liability under this Agreement.
9. Worker’s Compensation Insurance Certification. Sidepath hereby affirms that it has and shall maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the Services to be performed under the Agreement. See Sidepath’s Certificate of Insurance for information regarding carrier and policy number.
Sidepath certifies that, in the performance of the Services under the Agreement, it shall not employ any person in any manner so as to violate the workers' compensation laws of California.
Sidepath shall comply with the workers' compensation provisions of Section 3700 of the Labor Code if it should become subject to them.
SIDEPATH ACKNOWLEDGES THAT ITS FAILURE TO SECURE REQUIRED WORKERS’
COMPENSATION COVERAGE MAY BE UNLAWFUL AND SUBJECT SIDEPATH TO CRIMINAL PENALTIES AND CIVIL FINES.
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 24, 2025
SUBJECT: AMENDMENT NO. 2 TO THE MEASURE R FUNDING AGREEMENT WITH
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY (LACMTA) FOR THE ALONDRA BOULEVARD
IMPROVEMENTS PROJECT FROM HUNSAKER AVENUE TO
LAKEWOOD BOULEVARD
BACKGROUND
In December 2020, City Council approved a funding agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the design and environmental clearance work for the Alondra Boulevard Improvement Project from Hunsaker Avenue to Lakewood Boulevard. LACMTA approved $4,600,000 for total design costs for the project, which is intended to improve traffic flow and reduce congestion on Alondra Boulevard as part of the Interstate 605 and State Route 91 “Hot Spots” Interchange Program. The proposed improvements consist of roadway and intersection widening, median modifications, parkway narrowing, undergrounding of utilities, ADA sidewalk and curb ramp improvements, LED street lighting, green streets improvements, and traffic signal modifications.
DISCUSSION
Following a preliminary design, discussion ensued regarding the timeline and funding required for the underground of utilities. Staff requested a modification to the scope in order to proceed with necessary adjustments to intersection widening to accommodate added left turn pockets where applicable. A request was then sent to LACMTA to modify that scope and extend the term to June 30, 2026 in which amendment No. 1 authorized those adjustments. During ongoing design efforts, it was necessary to memorialize additional modifications to the scope of work, including clarifying language that the design will incorporate elements to comply with American with Disabilities Act (ADA) requirements. As such, Amendment No. 2 is administrative in nature with no fiscal impact.
The revised scope of work has already been reviewed and approved by LACMTA.
FISCAL IMPACT
There is no fiscal impact associated with Amendment No. 2.
Agenda Report June 24, 2025
AMENDMENT NO. 2 TO THE MEASURE R FUNDING AGREEMENT Page 2
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 5: Attractive and WellMaintained Infrastructure - Develop and maintain City-owned infrastructure, parks, facilities, and amenities that enhance quality of life and the attractiveness of the community.
RECOMMENDED ACTION
Approve Amendment No. 2 to the Measure R Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Alondra Boulevard Improvements Project from Hunsaker Avenue to Lakewood Boulevard and authorize the Mayor or her designee to execute the Amendment.
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot
Spots”
Project#: MR315.20
Amendment No. 2
FA# 920000000MR31520
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.2 TO MEASURE R FUNDING AGREEMENT
BETWEEN CITY OF PARAMOUNT AND THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to the Funding Agreement (this “Amendment”), is dated as of April 10, 2025, by and between the City of Paramount ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Funding Agreement No. 920000000MR31520, dated August 3, 2020, which was amended on March 22, 2024 (as amended, the "Existing FA"), which Existing FA provides for the Alondra Boulevard Improvements (the “Project”); and
B. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to amend Measure R funding agreement to modify the scope of work of projects and project development phases consistent with eligibility requirements; and C. Grantee and LACMTA desire to amend the Existing FA as provided herein.
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot
Spots”
Project#: MR315.20
Amendment No. 2
FA# 920000000MR31520
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Attachment B1-1 of the Existing FA is hereby replaced by Attachment B1-2, attached.
2. Attachment C-1 of the Existing FA is hereby replaced by Attachment C-2, attached.
3. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor
“Hot Spots”
Project#: MR315.20
Amendment No. 2
FA# 920000000MR31520
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to the FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:
CITY OF PARAMOUNT
By: _______________________________________ Date: ____________________ Anette C. Delgadillo
City Mayor
APPROVED AS TO FORM:
By: _______________________________________ Date: ____________________ Nicholas Ghirelli
City Attorney
Digitally signed by: 4dd8a4b6-a104-429a-9907-
9b6d6de7c696
DN: CN = 4dd8a4b6-a104-429a-9907-
9b6d6de7c696
Date: 2025.04.25 14:03:17 -08'00'
SOURCES OF FUNDS Prior Years FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED $1,135,000 $1,135,000
PS&E $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $3,465,000 RW Support $0
Const. Support $0
RW Capital $0
Construction $0
Total MEASURE R $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000 SUM PROG LACMTA FUNDS: $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000 OTHER NON LACMTA FUNDING: $0 $0 $0 $0 $0 $0 $0 $0 $0
PROJECT FUNDING
FY24-25, and FY25-26 $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000
SUMMARY OF ALL FUNDS
PAED $1,135,000 $0 $0 $0 $0 $0 $0 $0 $1,135,000
PS&E $0 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $3,465,000 RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $0 $0 $0 $0 $0 $0 $0 $0 $0
RW Capital $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL MILESTONES $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000 SUM PROG LACMTA FUNDS $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $1,135,000 $100,000 $605,000 $650,000 $685,000 $735,000 $690,000 $0 $4,600,000 ATTACHMENT B1-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET
PROGRAMMED SOURCES OF FUNDS
Measure R Program - Funding Agreement Projects - FA# 9200000000MR315.20 Project Title: Alondra Boulevard Improvements Project Project#: MR315.20 A-2 FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.2
Amendment 2
FA# 9200000000MR31520
Rev: 05.03.19 1 FA Measure R Hwys Gen Attachment C Scope of Work ATTACHMENT C-2
SCOPE OF WORK
PROJECT TITLE:
Alondra Boulevard Improvements
PROJECT LOCATION:
The project is located on Alondra Boulevard from Hunsaker Avenue to Lakewood Boulevard in the south part of the City of Paramount.
PROJECT LIMITS:
The project limits span approximately 2.3 miles of Alondra Boulevard from Hunsaker Avenue to Lakewood Boulevard in the City of Paramount.
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
The purpose of this project is to improve traffic flow and reduce congestion on Alondra Boulevard as part of the I-605/SR-91 “Hot Spots” Interchange Program. This project will increase roadway capacity by adding a third lane in each direction and signal coordination improvements on Alondra Boulevard and relieve existing traffic deficiencies due to congestion.
PROJECT BACKGROUND:
Alondra Boulevard serves as a major link to the I-605 and SR-91 Freeways; the project is located less than one mile from SR-91 intersections #12B (Atlantic), #13 (Cherry), #14A (Paramount), #14B (Downey), and #15A (Lakewood), and 2.5 miles from I-605 intersection #7B (Alondra). Alondra Boulevard is a major truck route with existing traffic deficiencies due to congestion. The proposed improvements – roadway and intersection improvements, traffic signal improvements, raised median and parkway improvements, and ADA sidewalk and curb ramp improvements – will increase roadway capacity by adding a third lane in each direction and relieve congestion with traffic signal coordination.
In order to accommodate the roadway improvements and provide ADA accessible sidewalks and curb ramps at all crossings, existing interfering overhead utility facilities located within the project right-of-way will be relocated or undergrounded. A feasibility and cost-benefit analysis was completed as part of the preliminary engineering work. The City intends to seek outside funds for construction.
PROJECT BUDGET:
COMPONENT AMOUNT
PA/ED $1,135,000
PS and E $3,465,000
R/W Support 0
R/W Capital 0
Construction Support 0
Construction Capital 0
Total Budget $4,600,000
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.2
Amendment 2
FA# 9200000000MR31520
Rev: 05.03.19 2 FA Measure R Hwys Gen Attachment C Scope of Work SCOPE:
The Project includes Preliminary Design (project approval/environmental documentation [PA/ED]) and Final Design (plans, specifications, and estimate [PS&E] and utility undergrounding design) for the following features:
• Resurfacing of Alondra Boulevard.
• Addition of a third travel lane on Alondra Boulevard in each direction between Hunsaker Avenue and Lakewood Boulevard.
• Addition of dual left-turn pockets at intersection of Alondra Boulevard and Garfield Avenue, including street widening.
• Traffic signal modifications at 9 intersections.
• Signing and striping.
• Improvements to the existing raised median and parkway. • Reconstruction of the sidewalk and curb ramps along Alondra Boulevard to meet current ADA standards.
I. PA/ED (Preliminary Design, Environmental Document, Cost-Benefit Analysis) A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.
B. Read, review, and understand all aspects and goals of the Lead Agency’s General Plan Circulation Element and other plans as these plans pertain to the improvements contemplated by this project.
C. Provide layout plans to be incorporated into the final design.
D. Provide a complete survey of the project area, establishing horizontal and vertical control for the project. Mapping shall include topographic features within 50 feet of project area.
E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.
F. Conduct geotechnical investigations of the project area.
G. Identify street pavement structural sections for the project area.
H. Identify all drainage/BMP structure improvements, based upon hydrology, hydraulic calculations, and water quality issues. (Structural BMPs shall be incorporated into the street design for storm water quality improvements prior to entering natural waterways.) I. Prepare and submit a report identifying the ultimate alignment of roadway improvements, as well as the recommended ultimate repair strategy. Prepare and provide CAD drawings of the proposed alignment, including vertical and horizontal alignment, improvements, and drainage/BMP structures.
J. Prepare and submit design plans at 35% completion.
K. Prepare and submit a preliminary Engineer’s construction cost estimate for all recommended improvements.
L. Define a complete and detailed project description.
M. Conduct the required technical analysis for the project.
N. Prepare, following completion of appropriate technical analysis, an Administrative Draft IS checklist for review and approval by the City.
O. Prepare the Draft IS and Draft MND for public circulation.
P. Prepare responses to public review of Draft and prepare a Final MND and submit for review to the City.
Q. Prepare a Mitigation Monitoring and Reporting Program (MMRP).
R. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.
S. Prepare feasibility and cost-effectiveness analysis for undergrounding overhead utility facilities.
Deliverables/Final Work Product: (1) preliminary design plans, including layout plans to be incorporated into final design, survey with topographic features, utility locations, results of geotechnical investigations, identification of street pavement structural sections, identification of drainage/BMP structure FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.2
Amendment 2
FA# 9200000000MR31520
Rev: 05.03.19 3 FA Measure R Hwys Gen Attachment C Scope of Work improvements, recommended ultimate alignment of roadway improvements, and repair strategy; (2) design plans at 35% completion; (3) CAD drawings; (4) preliminary engineer’s construction cost estimate; (5) environmental technical analyses; (6) draft Initial Study and checklist; (7) draft and final Mitigated Negative Declaration; (8) Mitigation Monitoring and Reporting Program; (9) feasibility and costeffectiveness analysis for undergrounding overhead utility facilities.
II. PS&E (Plans, Specifications, and Estimate)
A. Design the ultimate build-out of the improvements along Alondra Boulevard.
B. Prepare civil roadway plans for the required improvements, consistent with City format. At a minimum, the plan set shall include Title Sheet, Site Plan, General Construction Notes, Horizontal Control, Typical Sections and Details, Plan and Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans, Street Lighting/Electrical, and Median/Landscaping Plans.
C. Submittal of plan set shall be delivered at 65% and 95% complete and final (five (5) sets per submittal). When project is complete, the Consultant shall provide AutoCAD files for all plan sheets.
D. Assist the City in preparing for the Community Information Workshop after the 95% submittal by preparing exhibits and attending workshop to discuss concerns of the property owners along Alondra Boulevard.
E. Prepare construction specifications consistent with City format (SSPWC “Greenbook” APWA, current edition with updates).
F. Submittal of specifications shall be delivered to the City at 95% complete and final. When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.
G. Prepare an engineer’s construction cost estimate based on the itemized quantity take-off from the contract documents.
H. Submittal of the engineer’s construction cost estimate shall be delivered to the City at 95% complete and final in a spreadsheet format.
I. From Southern California Edison: undergrounding plans for overhead facilities.
Deliverables/Final Work Product: (1) design plans at 65% and 95% completion; (2) final design plans; (3) project specifications at 95% completion; (4) final specifications; (5) engineer’s construction cost estimate at 95% completion; (6) final engineer’s construction cost estimate; (7) Southern California Edison undergrounding plans for overhead facilities.
III. Project Management; Preparation of Updated Schedule, Deliverables; and Meetings A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but not be limited to: Project Kick-off Meeting, presentation of “Summary Letter Report,” progress meetings, and preparation for the Community Information Workshop at 95% design completion.
B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.
NOTE: The scope of work for this MOU includes ONLY:
• PA/ED
• PS&E
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.2
Amendment 2
FA# 9200000000MR31520
Rev: 05.03.19 4 FA Measure R Hwys Gen Attachment C Scope of Work MILESTONES: The implementation schedule for this project will be as follows.
START DATE COMPLETION DATE
PA/ED
Preliminary Design (35% PS&E)
Preliminary Investigations 9/2021 3/2025
Utilities 9/2021 3/2025
Estimating 6/2022 3/2025
Civil Design 9/2021 3/2025
Structural Design 9/2021 3/2025
Environmental Document
Prepare Environmental Document
Document Type: IS/MND 9/2021 3/2025
Scoping 9/2021 1/2025
Technical Studies 10/2021 1/2025
Draft Environmental Document 10/2021 1/2025
Final Environmental Document 6/2022 2/2025
Secure Project Approval 9/2022 3/2025
Environmental Document Filing 10/2022 3/2025
Cost-Benefit Analysis:
Utility Undergrounding
Prepare Feasibility and Cost-Effectiveness
Analysis
11/2022 1/2025
PS&E
65% PS&E
Civil Design Plans 2/2025 12/2025
Right-of-Way Engineering 2/2025 12/2025
Structural Design 2/2025 12/2025
Prepare Project Cost Estimate 2/2025 12/2025
95% PS&E
Civil Design Plans 12/2025 5/2026
Structural Design 12/2025 5/2026
Submittals & Reviews
Undergrounding of Overhead Facilities 9/2025 6/2026
Submit Final PS&E 5/2026 6/2026
FTIP #: LA9918916
Subregion ID: I-605/SR-91/I-405 Corridor “Hot Spots”
Project#: MR315.2
Amendment 2
FA# 9200000000MR31520
Rev: 05.03.19 5 FA Measure R Hwys Gen Attachment C Scope of Work ATTACHMENT C – Location Map(s)
Alondra Boulevard (Hunsaker Avenue to Lakewood Boulevard) City of Paramount
To: Honorable City Council
From: John Moreno, City Manager
By: Heidi Luce, City Clerk
Date: June 24, 2025
SUBJECT: DENIAL OF CLAIM FOR DAMAGES FROM MEHTA MECHANICAL COMPANY, INC. REGARDING WELL NO. 16 AND TREATMENT PLANT
CONTRACT
BACKGROUND
On May 15, 2025, the City Clerk received a claim for damages, submitted by Colin K.
McCarthy, Esq., Lanak & Hanna, P.C. on behalf of Mehta Mechanical, Inc., related to the contract for construction of City Project No. 9116, Equipping Well No. 16 and Treatment Plant. The claim alleges that the City failed to pay Mehta Mechanical Company, Inc. for retention and progress payments for work completed on the project prior to termination of the contract in April 2024.
A copy of the claim is attached.
DISCUSSION
The City Attorney has reviewed the claim for damages and recommends that it be denied.
FISCAL IMPACT
There is no immediate fiscal impact with denial of this claim.
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 6: Efficient, Effective, and Fiscally Responsible - Deliver an efficient and effective City government in a fiscally responsible, transparent and collaborative manner.
RECOMMENDED ACTION
Deny the claim for damages submitted by Mehta Mechanical, Inc.
To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: June 24, 2025
SUBJECT: ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2025-26
BACKGROUND
Included in the Fiscal Year 2025-2026 Budget are service agreements with the following agencies:
• Community Prosecutor Program (Amendment No. 3)
• Detective Bureau Consultation Services (David Beighton) • Graffiti Tracker
• ACMS Shared Cost Agreement with Paramount Unified School District • The Salvation Army Bell Shelter (Third Amendment)
DISCUSSION
These agreements (attached) allow the City of Paramount to continue providing these critical public safety services to the community through the above agencies.
FISCAL IMPACT
The FY 2025-26 Adopted Budget includes a total of $1,353,195 to provide the following services:
Fund Division Account Service Description Amount
General Fund Sworn Patrol Division 111-3121-5236 Community Prosecutor Program 205,109 General Fund Sworn Patrol Division 111-3121-5151 Detective Bureau Consultation Services 40,000 General Fund Support Services Division 111-3124-5151 Graffiti Tracker 26,000 General Fund Non-Sworn Division 111-3122-5151 Paramount USD Shared Cost Agreement 25,797 General Fund Community Preservation
Division
111-3125-5151 Salvation Army Bell Shelter (20 dedicated beds annually)
649,700
Agenda Report June 24, 2025
ANNUAL PUBLIC SAFETY AGREEMENTS - FISCAL YEAR 2025-26 Page 2
VISION, MISSION, VALUES, AND STRATEGIC OUTCOMES
The City’s Vision, Mission, and Values set the standard for the organization, establish priorities, uniformity and guidelines; and provide the framework for policy decision making. The Strategic Outcomes were implemented to provide a pathway to achieving the City’s Vision. This item aligns with Strategic Outcome No 1: Safe Community - Provide a safe place to live, work, and visit.
RECOMMENDED ACTION
Approve and authorize the Mayor or City Manager to execute the following agreements:
A) Community Prosecutor Program in the amount of $205,109 per year.
B) Detective Bureau Consultation Services in the amount of $40,000 per year.
C) Graffiti Tracker Services in the amount of $26,000 per year.
D) Paramount Unified School District reimbursement of $25,797 per year.
E) The Salvation Army Bell Shelter in the amount of $649,700 per year.
AMENDMENT NO.3
TO
AGREEMENT
BY AND BETWEEN
THE CITY OF PARAMOUNT AND THE COUNTY OF LOS ANGELES
FOR
COMMUNITY PROSECUTOR PROGRAM
This Amendment Number Three is made by and between the City of Paramount (hereinafter “City”) and the County of Los Angeles (hereinafter "County"), collectively referred to as the Parties.
RECITALS
WHEREAS, on October 4, 2022, the County Board of Supervisors authorized the Los Angeles District Attorney’s Office ("LADA") to enter the County into an agreement with the City for the Community Prosecutor Program;
WHEREAS, under California Government Code Section 26500.5, the LADA may sponsor, supervise, or participate in any project or program to improve the administration of justice;
WHEREAS, on November 28, 2022, the City and County executed an agreement for Community Prosecutor Program ("Agreement");
WHEREAS, on October 23, 2023, the City and County executed Amendment No.1 to the Agreement to 1) update Section 2.0 to exercise the first one (1) year extension from July 1, 2023, through June 30, 2024; 2) update Section 3.0 to reflect the status from one fulltime Deputy District Attorney (DDA) to one part-time DDA; 3) update Section 4.0 to reflect the contract amount on Exhibit A-1; and 4) add Section 15.0 COUNTERPARTS to the Agreement;
WHEREAS, on August 1, 2024, the City and County executed Amendment No.2 to the Agreement to 1) update Section 2.0 to exercise the second one (1) year extension from July 1, 2024, through June 30, 2025; and 2) update Section 4.0 to reflect the contract amount on Exhibit A-2; and
WHEREAS, the City and County mutually agree that it is in their mutual benefit to extend the term of the Agreement for the third one (1) year extension from July 1, 2025, through June 30, 2026. The payment terms are updated, and Exhibit A-3 shall be added as a part of this amendment.
NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, it is agreed between the Parties that the Agreement shall be amended as follows:
EXHIBIT A
AMENDMENT NO.3
THE CITY OF PARAMOUNT AND THE COUNTY OF LOS ANGELES
COMMUNITY PROSECUTOR PROGRAM
1. Section 2.0 TERM OF THE AGREEMENT is deleted in its entirety, amended from Amendment No.2, and replaced in its entirety:
The term of this Agreement shall commence on the effective date of the execution of the last signatory and continue through June 30, 2026.
2. Section 4.0 PAYMENT TERMS is deleted in its entirety and replaced as follows:
The annual cost payable by City to County will not exceed $205,109 for the period covering July 1, 2025, through June 30, 2026, and will be the total monetary amount for providing one part-time DDA for the services rendered in 3.0 through 3.4, of this Agreement for the implementation of the Community Prosecutor Program per Exhibit A-3 Budget which is attached and incorporated by reference. The total contract amount for the term of the Agreement shall be $621,157.
The annual cost for the period covering July 1, 2025, through June 30, 2026, shall be limited to the salary, employee benefits, indirect costs, and State Bar dues of the assigned DDA, including any increases approved by the County for DDA Staff. Annual contributions in each subsequent year will be limited to an amount mutually acceptable to both Parties.
3. Exhibit A-3 Budget shall be added to the Agreement, attached hereto, and incorporated herein by reference. All references to Exhibit A-3 Budget of the Agreement shall hereafter include Exhibit A-3 Budget.
Except as provided in Amendment No.3, all other provisions, terms, and conditions to the Agreement shall remain the same and in full force and effect.
IN WITNESS WHEREOF, the below Parties hereto have executed this Amendment No.3 as of the date of the execution of the last signatory set forth below. _______________________________ _______________________________ PEGGY LEMONS, Mayor NATHAN J. HOCHMAN, District Attorney City of Paramount County of Los Angeles
_______________________________ _______________________________ Date Date
EXHIBIT A-3
CITY OF PARAMOUNT COMMUNITY PROSECUTOR PROGRAM
JULY 1, 2025 THROUGH JUNE 30, 2026
ESTIMATED BUDGET CATEGORY AND LINE ITEM DETAIL COST
Employee Salaries Months Time Base Monthly Rate Total
1 Deputy District Attorney IV 3 x 50% x 19,267.82 = 28,902 + 1 9 x 50% x 19,896.10 = 89,532 +
Total Salary 118,434
Net County Cost for LADA 0 -
118,434 $ 118,434
Employee Benefits E/B Rate Total Salary Total
1 Deputy District Attorney IV x 67.952% x 118,434 = 80,478 + Net County Cost for LADA 0 -
80,478 $ 80,478
TOTAL SALARIES AND EMPLOYEE BENEFITS $ 198,912
* Branch & Area Ops. Indirect Costs I/C Rate Annual Rate Total 1 Deputy District Attorney IV x 68.517% x 118,434 = 81,147 + Net County Cost for LADA (75,226) -
5,921 $ 5,921
** California State Bar Dues Year Time Base Annual Rate Annual Dues 1 Deputy District Attorney IV 1 x 50% x 551 = 276 +
Net County Cost for LADA 0 -
276 $ 276
TOTAL INDIRECT COSTS AND OTHERS $ 6,197
TOTAL PROGRAM COST 280,335
NET COUNTY COST FOR LADA 26.8% (75,226)
NET PROGRAM COST 73.2% 205,109
Note:
* Based on FY 2024-25 Auditor-Controller approved rates and are subject to change. ** As of February 20, 2025, State Bar Dues are $551/year.
NET PROGRAM COST $ 205,109
PRINTED: 05/06/2025
1 CITY OF PARAMOUNT
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and effective as of July 1, 2025, between the City of Paramount, a municipal corporation ("City") and David Beighton ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
A. This Agreement shall be effective July 1, 2025, and shall terminate on June 30, 2026.
B. City may, without cause, terminate this Agreement at any time prior to June 30, 2026. Notice shall be complete when delivered in person or by facsimile or when received by mail, whichever is earlier.
Termination shall be effective immediately upon notice, as described herein, unless a longer period of time is specified in the notice.
C. In the event this Agreement is terminated by City, Consultant shall be paid the value of services performed pursuant to this Agreement prior to the effective date of termination, less the amount of any payments previously made.
2. SERVICES
Subject to the terms of this Agreement, Consultant shall perform the scope of work identified in Exhibit “A” attached hereto and incorporated herein by this reference. This includes but is not limited to providing personnel and resources to provide all professional services necessary for City. If there is any conflict between Exhibit “A” and this Agreement, the provisions of this Agreement shall prevail.
3. PERFORMANCE
Consultant shall always faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California.
EXHIBIT B
2 4. CITY MANAGEMENT
The City’s Public Safety Director shall represent City in all matters pertaining to the administration of this Agreement and shall review and approve all services submitted by Consultant. The Public Safety Director is authorized to execute all necessary documents.
5. PAYMENT
(a) The City agrees to pay Consultant $50 per hour not to exceed $40,000 for the total term of the agreement, in accordance with the payment rates and terms and the schedule of payment as set forth in Consultant’s proposal, Exhibit “B”, attached hereto and incorporated herein by reference as if fully set forth herein.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager; provided, however, the City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement but not to exceed ten-thousand dollars ($10,000). Consultant shall not be compensated for any additional services in the amounts greater than that authorized herein by the City Manger unless agreed to by the City Council.
(c) Consultant will submit invoices for services based on the schedule of payment as set forth in Exhibit “B”. Invoices shall be submitted on a bi-weekly basis for services provided. If the City disputes any of Consultant's fees it shall give written notice to Consultant within two (2) weeks of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay the Consultant for services up to the date of termination based on the schedule of payment as set forth in Exhibit 3 “B”. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the Public Safety Director or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
All documents prepared or obtained under this Agreement including electronic media shall be delivered to and shall become the property of the City.
9. INDEMNIFICATION BY CONSULTANT
A. All officers, agents, employees, sub-Consultants, their agents, officers and employees who are hired by or engaged by Consultant in the performance of this Agreement shall be deemed officers, agents and employees and sub-Consultants of Consultant, and City shall not be liable or responsible to them for anything whatsoever.
B. Consultant agrees to save, keep, hold harmless and defend City and all of its elected and appointed boards, commissions, officers employees and agents from all claims, damages, costs or expenses in law and in equity, including costs of suit and expenses for legal services, that may at any time arise or be claimed because of damage to property or injury to persons, including City, allegedly 4 received or suffered by reason of any wrongful or negligent act or omission on the part of Consultant or any of its agents, officers and employees and sub-Consultants in the performance of this Agreement.
C. Consultant shall not be deemed to assume any liability for wrongful or negligent acts of City or its officers, agents, employees and subConsultants, and City shall defend and hold Consultant harmless against any such claims.
D. Consultant agrees to defend, indemnify, and hold harmless the City, its elected and appointed boards, commissions, officers, employees and agents from all claims, demands, liability fines and penalties made by Consultant’s employees from health, retirement or other benefits attributable to services performed pursuant to this Agreement.
10. INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance for the duration of this Agreement against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Proof of Insurance Coverage covering Automobile Liability, and
2. Workers’ compensation insurance as required by the State of California and employer’s liability insurance.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. Automobile Liability: $500,000 per accident for bodily injury and property damage.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the City may require the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the City may require Consultant to procure a bond 5 guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of an “A-” Policyholder’s Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M.
Best Rating Guide.
E. Other Requirements
Consultant shall provide an endorsement to City establishing that City, its elected and appointed boards, commissions, officers, employees and agents have been added as an additional insured to the General and Automobile liability insurance policies required under this Agreement. The above policy/policies shall also be endorsed to state that coverage shall not terminate, nor shall they be canceled, nor the coverage reduced, until after thirty (30) days written notice is given to the City.
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the City shall be excess only and not contributory with insurance provided under this policy/policies.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by City before work commences. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on the standard industry forms, as listed below. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time.
Automobile Liability Form Acceptable to City Attorney
11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or 6 agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. (c) City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or sub-Consultants, shall not without written authorization from the Public Safety Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub-Consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains 7 the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Paramount
Attention: Public Safety Director
16400 Colorado Avenue
Paramount, California 90723
To Consultant: David Beighton
1304 S. Oakhaven Dr.
Anaheim, CA 92804
15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, to any sub-Consultant without prior written consent of the City. Such written consent shall not be unreasonably withheld.
16. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Paramount.
8 18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
20. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit “A” hereto.
21. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. WAIVER
The waiver by either party of a breach by the other of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this agreement.
24. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Consultant and the Public Safety Director and approved as to form by the City Attorney, otherwise by the City Manager. Such 9 document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
25. COUNTERPARTS
This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument, but the parties agree that the Agreement on file in the Office of City’s City Clerk is the version of the Agreement that shall take precedent should any differences exist among counterparts of the document.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF PARAMOUNT
By: _____________________________
Peggy Lemons, Mayor
ATTEST:
By: ____________________________
Heidi Luce, City Clerk
DAVID BEIGHTON
By: ___________________________
10 EXHIBIT A
TASKS TO BE PERFORMED
The Consultant will interface with detectives to conduct witness interviews, gather intelligence, and prepare criminal filing packets on active criminal investigations. He will also provide investigative oversight to field deputies, special assignment officers, and school resource deputies. He has access to, and is proficient in the use of, all State databases, which enables him to access criminal background information, DMV information, gun registration records,etc.
The Consultant will assist the Detective Bureau Sergeant with data entry and accounting in L.A.R.C.I.S., the County’s case tracking database. He will on a regular basis review Paramount’s crime reports and make an assessment as to whether or not they are workable and should be assigned to a detective for follow-up. The Consultant will also be available to handle walk-in and phone-in inquiries from the public related to Detective Bureau matters.
11 EXHIBIT B
PAYMENT SCHEDULE
July 3, 2025
July 17, 2025
July 31, 2025
August 14, 2025
August 28, 2025
September 11, 2025
September 25, 2025
October 9, 2025
October 23, 2025
November 6, 2025
November 20, 2025
December 4, 2025
December 18, 2025
January 1, 2026
January 15, 2026
January 29, 2026
February 12, 2026
February 26, 2026
March 12, 2026
March 26, 2026
April 9, 2026
April 23, 2026
May 7, 2026
May 21, 2026
June 4, 2026
June 18, 2026
1 PROFESSIONAL SERVICES AGREEMENT
(City of Paramount and Graffiti Tracker Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT is made as of July 1, 2025, by and between the City of Paramount, (“Agency”), and Graffiti Tracker Inc. (“Contractor”).
RECITALS
1. Agency has determined that it requires professional services from a Contractor to provide graffiti analysis and tracking services for the Agency.
2. Agency desires to retain Contractor, as an independent contractor to provide such services on an as needed basis.
3. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor’s Services.
a. Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A, attached to this Agreement and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on a non-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed.
b. Time of Performance. The services shall be performed in a timely manner and on a regular basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement.
2. Standard of Care. As a material inducement to Agency to enter into this Agreement, Contractor hereby represents and warrants that it has the professional expertise and experience necessary to undertake the services to be provided herein.
3. Compliance with Law. All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of Agency and any federal, state or local governmental agency having jurisdiction in effect at the time service is rendered.
EXHIBIT C
2 4. Term of Agreement. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for a period of 12 months, unless earlier terminated pursuant to Section 14.
5. Compensation. Agency agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. In no event shall the total compensation and costs payable to Contractor under this Agreement exceed the sum of twenty-six thousand and no cents ($26,000.00) unlessspecifically approved by the City Council. Agency agreesthatservices may not begin until first payment is received.
6. Ownership of Work Product. All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency.
7. Representatives.
a. Project Manager. The Project Manager for the services required under this Agreement is hereby designated as Timothy M. Kephart who shall be the representative of Contractor authorized to act in its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the foregoing Project Manager without the express written approval of Agency. b. Contract Administrator. The Contract Administrator and Agency’s representative shall be the Public Safety Director, or in his/her absence, an individual designated in writing by the Contract Administrator. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by Agency to the Contract Administrator. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Administrator.
8. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to Agency. Contractor hereby covenants that it shall follow the highest professional standards in performing all services required hereunder.
9. Status as Independent Contractor. Contractor is, and shall at all times remain as to Agency, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as 3 an agent. Neither Agency nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement.
Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner, employees of Agency. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold Agency harmless from any failure of Contractor to comply with applicable workers’ compensation laws. Agency shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to Agency from Contractor as a result of Contractor’s failure to promptly pay to Agency any reimbursement or indemnification arising under this section.
10. Confidentiality. Agency agrees not to use any intellectual property or information related to the Graffiti Tracker system for purposes of development or competition of another Graffiti Tracker system. Upon request, all Agency data shall be returned to Agency upon the termination of this Agreement. Contractor’s covenant under this section shall survive the termination of this Agreement.
11. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
12. Indemnification. Contractor agrees to indemnify, hold harmless and defend Agency and the Redevelopment Agency, and their respective officers, employees, volunteers, and agents serving as independent contractors in the role of Agency or Agency officials, (collectively, “Indemnities”), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, errors or omissions of Contractor or any of its officers, employees, or agents. a. Agency does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. b. This hold harmless, indemnification and defense provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.
13. Cooperation. In the event any claim or action is brought against Agency relating to Contractor’s performance or services rendered under this Agreement, Contractor shall 4 render any reasonable assistance and cooperation that Agency might require.
14. Termination.
a. Agency shall have the right to terminate the services of Contractor at any time for any reason on sixty (60) calendar days written notice to Contractor. In the event this Agreement is terminated by Agency, Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Contractor shall have no other claim against Agency by reason of such termination, including any claim for compensation.
b. Contractor shall have the right to terminate this Agreement at any time for any reason on sixty (60) calendar days written notice to Agency, and Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect.
15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
Agency:
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Contractor:
Graffiti Tracker Inc.
2916 S 132nd St #311
Omaha, NE 68144
5 16. Nondiscrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Contractor will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor’s obligations hereunder, without the prior written consent of Agency, and any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
18. Compliance with Laws/Licenses. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall obtain and maintain all necessary professional licenses for providing the services outlined in this Agreement.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Contractor constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of the Agreement.
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provision of any Exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Agency and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or 6 breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
“Agency”
ATTEST: City of Paramount
By: _____________________________ By: ___________________________ Heidi Luce, City Clerk John Moreno, City Manager
By: ___________________________________
Margarita Matson, Public Safety Director
“Contractor”
By: _________________________
Timothy M. Kephart
7 EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following services for the City of Paramount:
Responsibilities
1. Train designated personnel on how to use GPS cameras.
2. Establish graffiti tracking protocols.
3. Train personnel on how to upload graffiti data to the Graffiti AnalysisIntelligence Tracking System (GAITS).
4. Provide access to GAITS to all designated personnel twenty-four hours a day, seven days a week until contract ends.
5. On a daily basis, graffiti data will be uploaded to the GAITS system from the City of Paramount staff. Graffiti Tracker Inc. will be responsible for analyzing all of that data and making the results of that analysis available to the GAITS system.
6. Provide training to all designated personnel (Agency staff/law enforcement/District Attorney’s Office) on how to utilize the GAITS system.
This contract constitutes a lease for access to the Graffiti Analysis Intelligence Tracking System (GAITS). Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals and they will be granted an “Operator” level access to the GAITS system. This lease will be in effect for the duration of the contract. 8 EXHIBIT B
SCHEDULE OF FEES
Contractor will not be required to work on the following ten holidays:
1. January 1 (New Year’s Day)
2. The third Monday in January (Dr. Martin Luther King Jr. Day)
3. The third Monday in February (President’s Day)
4. March 31st (Cesar Chavez Day)
5. The last Monday in May (Memorial Day)
6. July 4 (Independence Day)
7. The first Monday in September (Labor Day)
8. November 11 (Veteran’s Day)
9. The fourth Thursday in November (Thanksgiving Day)
10. December 25 (Christmas Day)
The total contract amount for the twelve-month time period commencing July 1, 2025 and ending June 30, 2026 will be an amount not to exceed $26,000.00 for up to 800 incidents analyzed monthly.
Effective upon the signing of this contract, an invoice for the amount of $13,000.00 will be submitted by the Contractor to the Contract Administrator. Payment should be processed and received no later than 30 calendar days from the date invoice was submitted. Future payments will then be invoiced at six-month intervals from start date. 2025-2026 SHARED COST AGREEMENT
BETWEEN
THE CITY OF PARAMOUNT
AND
THE PARAMOUNT UNIFIED SCHOOL DISTRICT
FOR ADDITIONAL COSTS OF CROSSING GUARD SERVICES WITH ALL CITY MANAGEMENT SERVICES, INC. (ACMS)
RECITALS
WHEREAS, it is the goal of the City of Paramount (“City”) and the Paramount Unified School District (“District”) to foster a safe environment in and around school campuses for students and parents;
WHEREAS, the City and the District believe that the presence of dedicated, professionally trained crossing guards help to promote a safe school environment for all pedestrians and motorists;
WHEREAS, All City Management Services, Inc. (“ACMS”) is the nation’s largest provider of school crossing guards dedicated to pedestrian safety; WHEREAS, the City has engaged All City Management Services, Inc. (“ACMS”) under a Professional Services Agreement (“Contract”), the terms of which are detailed in the attached written agreement, identified as Attachment A; and WHEREAS, with the common interest of fostering a safe environment on school campuses and the surrounding community, the District has stated a willingness to partner with the City in a cost sharing arrangement for crossing guard services as stated in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, the parties hereby agree as follows:
1. The City and District agree that, starting with the Fiscal Year beginning July 1, 2024, any annual incremental cost increases to the Contract and any expansion of crossing guard services which lead to cost increases to the Contract will be paid for by District.
2. For 2025-26, the District agrees to pay all Contract costs in excess of Three Hundred Eighty Thousand, Seven Hundred and Ninety-two ($380,792) dollars.
The actual amount owed by the District is approximately $25,797, which will be invoiced upon completion of the school year.
EXHIBIT D
3. Under the Agreement, the City is billed monthly for all services performed by ACMS. The City shall provide the District with a copy of the invoices received from ACMS for the entire year of service. The District will reimburse the City for 100% of the additional cost billed for the services rendered, as set forth in Section 2 above. The District agrees to pay the City within 30 days of receipt of the invoices referred to herein.
4. Either party may terminate this Agreement if they are unable or unwilling to support their commitment to share in the cost of the ACMS by giving written notice to the other sufficiently in advance of the timelines mentioned in Section 12 of the Professional Service Agreement so that the City can satisfy those Timelines. For purposes of this MOU, "sufficiently in advance" shall mean at least thirty (30) days in advance of the sixty (60) day prior notice requirement referenced in Section 12.
5. Should the parties desire, this Agreement may be renewed each year before the ensuing fiscal year, which commences on July 1, upon written approval by the City Manager and Superintendent.
CITY OF PARAMOUNT PARAMOUNT UNIFIED SCHOOL DISTRICT
By: ___________________________ By: ________________________________ John Moreno, City Manager Joshua L. Lightle, Ed.D, Superintendent ATTEST:
By: ___________________________
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By: ___________________________
Nick Ghirelli, City Attorney
THIRD AMENDMENT
This Third Amendment to the Agreement by and between City of Paramount (“City”) and The Salvation Army, a California corporation (“TSA” or “Contractor”) is entered into as of July 1, 2025.
Whereas City and TSA entered into the Agreement dated July 01, 2023 (“Agreement”).
Whereas the parties now desire to amend the Agreement.
Now, therefore, City of Paramount and TSA agree as follows:
1. Section 4: This Third Amendment extends the term. The Third Amendment term shall be July 01, 2025, to June 30, 2026. Notwithstanding the foregoing, this Agreement may be terminated (a) by either party, in the event of default by fifteen (15) days’ written notice to the defaulting party; or (b) by either Party without cause on thirty (30) days’ written notice to the other Party. On termination in either event, Contractor shall cease to perform any additional services. The Contractor shall only be paid for any services properly rendered up to the time that notice of termination is served. Termination shall not provide cause to give Contractor a claim for damages for work to be performed after the time that notice of termination is served.
2. Section 5, Compensation and Payment of the Agreement is amended to:
Contractor’s rate of $89 per bed night, not to exceed a total of $649,700.00 compensation, for the term of this Third Amendment.
3. Except as provided in this Third Amendment, all other terms of the Agreement remain in full force and effect.
By the signatures of their authorized representatives below, TSA and City have entered into this Third Amendment as of the date first set forth above.
City of Paramount
By: _____________________________
John Moreno
Title: _____________________________
City Manager
Date: _____________________________
The Salvation Army,
a California corporation
By: _____________________________
Title: _____________________________
Attest: _____________________________
Title: _____________________________
Date: _____________________________