Agenda
City Council
June 23, 2026
Regular Meeting - City Hall Council Chamber - 5:00 PM
16400 Colorado Avenue Paramount, CA 90723 (562) 220-2000 www.paramountcity.gov
PUBLIC PARTICIPATION NOTICE
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CALL TO ORDER: Mayor Brenda Olmos
PLEDGE OF ALLEGIANCE:
ROLL CALL OF
COUNCILMEMBERS:
Councilmember Isabel Aguayo
Councilmember Annette C. Delgadillo
Councilmember Peggy Lemons
Vice Mayor Vilma Cuellar Stallings
Mayor Brenda Olmos
Agenda June 23, 2026
Regular Meeting City Council Page 2
PRESENTATIONS
1. VIDEO PARAMOUNT SQUARE SPROUTS FARMERS MARKET GRAND
OPENING EVENT
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.
2. APPROVAL ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2026-27
Recommended Action: Approve and authorize the Mayor or City Manager to execute the following agreements:
A) All City Management Services (ACMS) in the amount of $430,850 per year.
B) Community Prosecutor Program in the amount of $207,800 per year.
C) Detective Bureau Consultation Services in the amount of $40,000 per year.
D) Paramount Unified School District Shared Cost Agreement for Crossing Guard Services of $50,100 per year.
E) The Salvation Army Bell Shelter in the amount of $584,750 per year.
3. APPROVAL TEAMSTERS LOCAL 986
Recommended Action: 1) Approve the Memoranda of
Understanding (MOU) between the City of Paramount and
Teamsters Local 986 - Public Works bargaining unit and Teamsters Local 986 - Public Safety bargaining unit, for the period July 1, 2026 through June 30, 2029; and 2) Approve the side letter memorializing the temporary certification pay for the eligible Public Safety employees.
Agenda June 23, 2026
Regular Meeting City Council Page 3
4. APPROVAL AGREEMENT BETWEEN THE LOS ANGELES GATEWAY
REGION INTEGRATED REGIONAL WATER MANAGEMENT
JOINT POWERS AUTHORITY AND THE CITY OF PARAMOUNT
FOR COST SHARING DUES ASSOCIATED WITH MONITORING
COSTS PURSUANT TO THE HARBOR TOXIC POLLUTANTS
TMDL
Recommended Action: Approve the agreement with the Los
Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, for cost sharing dues associated with monitoring costs pursuant to the Harbor Toxic Pollutants TMDL and authorize the Mayor or her designee to execute the agreement.
5. APPROVAL AMENDMENT NO. 1 TO THE AGREEMENT WITH UNITED SITE
SERVICES FOR PORTABLE RESTROOM TRAILER PUMP-OUT
SERVICES
Recommended Action: Approve Amendment No. 1 to the
agreement with United Site Services of California, Inc. in the amount of $93,500 and authorize the Mayor or her designee to execute the amendment.
6. ACCEPTANCE OF
WORK
TRAFFIC SAFETY IMPROVEMENTS (CITY PROJECT NO. 9432)
Recommended Action: Accept the work performed by Elecnor Belco Electric, Inc., Chino, California, for the traffic safety improvements project (City Project No. 9432) and authorize the payment of the remaining retention.
7. RESOLUTION
26:025
AMENDING THE CITY’S PERSONNEL MANUAL TO
INCORPORATE NEW BENEFIT POLICIES
Recommended Action: Adopt Resolution No. 26:025, amending the City’s Personnel Manual to incorporate the new benefits policies.
8. APPROVAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
CONSULTANT SERVICES
Recommended Action: Award the contract for Community
Development Block Grant (CDBG) and Home Investment
Partnerships Program (HOME) consulting services to MDG
Associates, Inc. for a period of two years and authorize the Mayor to execute the agreement.
9. APPROVAL WORLD ENERGY/ALTAIR COMMUNITY BENEFITS
AGREEMENT YEAR FOUR SPENDING PLAN
Recommended Action: Approve the Year Four spending plan for the World Energy/AltAir Community Benefits Agreement.
Agenda June 23, 2026
Regular Meeting City Council Page 4
OLD BUSINESS
10. PUBLIC HEARING
ORDINANCE
1219
CONSIDERATION OF ORDINANCE NO. 1219, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARAMOUNT,
APPROVING ZONING ORDINANCE TEXT AMENDMENT NO. 42,
ADDING DEFINITIONS TO SECTION 17.04.010, AMENDING
SECTION 17.60.030(A), AND ADDING CHAPTER 17.18
(TRANSIT-ORIENTED DEVELOPMENT OBJECTIVE DESIGN
STANDARDS) TO TITLE 17 OF THE PARAMOUNT MUNICIPAL
CODE, AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommended Action: Read by title only, waive further reading, introduce Ordinance No. 1219, and place it on the July 14, 2026 agenda for adoption.
NEW BUSINESS
11. PUBLIC HEARING
RESOLUTION
26:021
ADOPTION OF THE 2025 URBAN WATER MANAGEMENT PLAN
INCLUDING THE WATER SHORTAGE CONTINGENCY PLAN
Recommended Action: 1) Conduct a public hearing to receive input on the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; and 2) Adopt Resolution No. 26:021 approving and adopting the 2025 Urban Water Management Plan including the Water Shortage Contingency Plan.
12. APPROVAL AGREEMENT WITH MUSEUM PROS FOR THE DESIGN OF
HISTORICAL DISPLAYS FOR THE PARAMOUNT SAW MUSEUM
Recommended Action: 1) Approve a budget adjustment of
$89,100 in the Art Fund for this expense; and 2) Approve an agreement with Museum Pros, in an amount not to exceed $89,100 for the design of the exhibit displays for the Paramount Saw Museum project and authorize the Mayor or her designee to execute the agreement.
13. APPROVAL ANNUAL PUBLIC ART WORKPLAN
Recommended Action: Approve the Fiscal Year 2026-2027 Public Art Workplan.
14. RESOLUTION
26:026
ADOPTION OF A TECHNOLOGICAL DISRUPTION POLICY FOR
HYBRID PUBLIC MEETINGS
Recommended Action: Adopt Resolution No. 26:026, adopting a technological disruption policy for hybrid public meetings.
Agenda June 23, 2026
Regular Meeting City Council Page 5
15. APPROVAL AGREEMENT WITH BONDED BEAN, LLC. FOR UTILITY COST
AUDITING SERVICES
Recommended Action: Approve the agreement with Bonded
Bean, LLC. for utility cost auditing services and authorize the City Manager to make final changes to the agreement that do not change the proposed rates in a form approved by the City Attorney.
16. APPROVAL ENTERPRISE RESOURCE PLANNING (ERP) SOFTWARE
PURCHASE AND SERVICES AGREEMENT WITH TYLER
TECHNOLOGIES – ERP PRO 10
Recommended Action: 1) Approve the software agreement with Tyler Technologies – ERP Pro 10 as the City’s new Enterprise Resource Planning (ERP) system for an amount not to exceed $600,000 for the first five (5) years; 2) Authorize the City Manager to negotiate and execute the software agreement with Tyler Technologies, provided such negotiations do not materially change the scope of services or increase the approved contract amount; and 3) Authorize the City Manager to execute the service agreement with AEF for project management support services; and authorize the City Manager to approve necessary implementation-related expenditures within the approved project budget.
ENVIRONMENTAL SUSTAINABILITY NEW BUSINESS
None.
COMMENTS/COMMITTEE REPORTS
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF LITIGATION Government Code Section 54956.9(d)(4) – One (1) case
ADJOURNMENT
To a meeting on July 14, 2026 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: Heidi Luce, City Clerk
Date: June 23, 2026
SUBJECT: PARAMOUNT SQUARE SPROUTS FARMERS MARKET GRAND
OPENING EVENT
A video highlighting the Paramount Square Sprouts Farmers Market Grand Opening event will be shared.
To: Honorable City Council
From: John Moreno, City Manager
By: Margarita Matson, Public Safety Director
Date: June 23, 2026
SUBJECT: ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2026-27
BACKGROUND
Included in the Fiscal Year 2026-2027 Budget are service agreements with the following agencies:
• All City Management Services (ACMS) Crossing Guard Services • Community Prosecutor Program (Amendment No. 4 – Final) • Detective Bureau Consultation Services (David Beighton) • Paramount Unified School District Shared Cost Agreement for Crossing Guard Services (MOU)
• The Salvation Army Bell Shelter (Fourth 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 2026-27 Adopted Budget includes a total of $1,263,400 to provide the following services:
Fund Division Account Service Description Amount
General Fund Non-Sworn 111-3122-5151 All City Management Services (ACMS) $430,850 General Fund Sworn Patrol 111-3121-5236 Community Prosecutor Program $207,800 General Fund Sworn Patrol 111-3121-5151 Detective Bureau Consultation Services
$40,000
General Fund Non-Sworn 111-3122-5151 PUSD Shared Cost for ACMS ($50,100) General Fund Community
Preservation
111-3125-5151 Salvation Army Bell Shelter $483,150
Community
Development
Block Grant
Community
Preservation
211-3125-5151 Salvation Army Bell Shelter $101,600
Agenda Report June 23, 2026
ANNUAL PUBLIC SAFETY AGREEMENTS FOR FISCAL YEAR 2026-27 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) All City Management Services (ACMS) in the amount of $430,850 per year.
B) Community Prosecutor Program in the amount of $207,800 per year.
C) Detective Bureau Consultation Services in the amount of $40,000 per year.
D) Paramount Unified School District Shared Cost Agreement for Crossing Guard Services of $50,100 per year.
E) The Salvation Army Bell Shelter in the amount of $584,750 per year.
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 12, 2026, and is between the CITY OF PARAMOUNT (hereinafter called the "Principal"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for an initial term which commences on or about July 1, 2026, and ends on June 30, 2027 (the “Initial Term”). Thereafter, the term of this Agreement shall renew automatically on the termination date of this Agreement for up to two (2) additional, successive one (1) year periods (each, a “Renewal Term” and, together with the Initial Term, the “Term") unless either party provides the other party with no less than thirty (30) days’ written notice to the other party prior to the end of the Initial Term or the Renewal Term, as applicable, in which case this Agreement shall terminate on the expiration date of the Initial Term, or the then-current Renewal Term, as the case may be.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
The Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the Principal.
3. The Principal shall designate a representative to serve as its point of contact for dealing with Contractor with respect to this Agreement.
4. The Principal shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under Principal’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the Principal a Certificate of Insurance naming the Principal and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Principal and shall not call on the Principal's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Principal, its officers, agents and interest of the Principal. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the Principal.
11. Contractor agrees to defend, indemnify and hold harmless the Principal, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the Principal, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Principal, its officers, agents, or employees, any and all costs and expenses incurred by the Principal, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of Principal, liability will be apportioned between Contractor and Principal based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify Principal will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to Principal for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $6,000,000 (Six Million Dollars).
12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the Principal.
14. The Principal agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of thirty-six dollars and twenty cents ($32.90) per hour, per Crossing Guard during the Initial Term. It is understood that the cost for providing thirteen thousand ninety-five (13,095) hours of service shall not exceed four hundred thirty thousand eight hundred twenty-six dollars ($430,826.00).
For automatic renewals no less than (60) days before the expiration of the Initial Term, or the Renewal Term, as applicable, Contractor will notify Principal of its proposed hourly rate for the following 12- month period, which will be deemed accepted by Principal unless Principal notifies Contractor of its disagreement therewith, or its intent not to renew the Agreement, in writing, no less than thirty (30) days prior to the end of the Initial Term or the Renewal Term, as applicable. If Principal disagrees with Contractor’s proposed new hourly rate, but still wishes to renew the Agreement the parties will negotiate in good faith to reach mutual agreement on, and confirm in writing, the new hourly rate for the following 12-month period, prior to the expiration of the Initial Term or the Renewal Term, as the case may be.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide Principal with 60 days-notice of its request to increase pricing. Principal agrees to review and respond to said notice within 30 days of receipt.
17. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions.
Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
PRINCIPAL CONTRACTOR
City of Paramount All City Management Services, Inc.
By_____________________________ By______________________________ Signature
_____________________________ _____________________________ Print Name and Title Print Name and Title
Date____________________________ Date____________________________ AMENDMENT NO.4
TO
AGREEMENT
BY AND BETWEEN
THE CITY OF PARAMOUNT AND THE COUNTY OF LOS ANGELES
FOR
COMMUNITY PROSECUTOR PROGRAM
This Amendment Number Four 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 full-time 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;
WHEREAS, on July 29, 2025, the City and County executed Amendment No.3 to the Agreement to 2) update Section 2.0 to exercise the third one (1) year extension from July 1, 2025, through June 30, 2026; and 2) update Section 4.0 to reflect the contract amount on Exhibit A-3; and
WHEREAS, the City and County mutually agree that it is in their mutual benefit to extend the term of the Agreement for the last (1) year extension from July 1, 2026, through June 30, 2027. The payment terms are updated, and Exhibit A-4 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:
AMENDMENT NO.4
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 and replaced in its entirety as follows:
2.0 TERM OF THE AGREEMENT
The term of this Agreement shall commence on the effective date of the execution of the last signatory and continue through June 30, 2027.
2. Section 4.0 PAYMENT TERMS is deleted in its entirety and replaced as follows:
4.0 PAYMENT TERMS
The annual cost payable by City to County will not exceed $207,794 for the period covering July 1, 2026, through June 30, 2027, 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-4 Budget which is attached and incorporated by reference. The total contract amount for the term of the Agreement shall be $828,951.
The annual cost for the period covering July 1, 2026, through June 30, 2027, 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-4 Budget is hereby added to the Agreement, attached hereto, and incorporated herein by reference. All references to Exhibit A-4 Budget of the Agreement shall hereafter include Exhibit A-4 Budget.
Except as provided herein, 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.4 as of the date of the execution of the last signatory set forth below. _________________________________ _________________________________ BRENDA OLMOS, Mayor NATHAN J. HOCHMAN, District Attorney City of Paramount County of Los Angeles
_________________________________ _________________________________ Date Date
EXHIBIT A-4
CITY OF PARAMOUNT COMMUNITY PROSECUTOR PROGRAM
JULY 1, 2026 THROUGH JUNE 30, 2027
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 19,651.10 = 88,430 +
Total Salary 117,332
Net County Cost for LADA 0 -
117,332 $ 117,332
Employee Benefits E/B Rate Total Salary Total
1 Deputy District Attorney IV x 71.864% x 117,332 = 84,319 + Net County Cost for LADA 0 -
84,319 $ 84,319
TOTAL SALARIES AND EMPLOYEE BENEFITS $ 201,651
* Branch & Area Ops. Indirect Costs I/C Rate Annual Rate Total 1 Deputy District Attorney IV x 66.403% x 117,332 = 77,912 + Net County Cost for LADA (72,045) -
5,867 $ 5,867
** 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 $ 6,143
TOTAL PROGRAM COST 279,839
NET COUNTY COST FOR LADA 25.7% (72,045)
NET PROGRAM COST 74.3% 207,794
Note:
* Based on FY 2025-26 Auditor-Controller approved rates and are subject to change. ** As of January 23, 2026, State Bar Dues are $551/year.
NET PROGRAM COST $ 207,794
EXHIBIT C
Paramount PSA (January 2025) 1
CITY OF PARAMOUNT
SERVICES AGREEMENT
(Without Professional Liability)
This Agreement is made and entered into as of July 1, 2026 by and between the City of Paramount, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 16400 Colorado Avenue, Paramount, CA 90723 (“City”), and David Beighton, a Sole Proprietorship with its principal place of business at 1304 S.
Oakhaven Drive, Anaheim, CA 92804 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City requires provision of the following professional services:
Specialized law enforcement services, all as more fully set forth and described in this Agreement.
B. Consultant is duly licensed and/or otherwise fully authorized by law, and has the necessary experience and qualifications to provide such services. City enters into this Agreement in substantial reliance on such experience and qualifications.
C. The Parties enter this Agreement in order to set forth terms and conditions governing Consultant’s performance of the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Scope of Services.
Consultant shall perform the services generally described in (i) the Scope of Services attached hereto as Exhibit “A”; (ii) any applicable request for proposals issued by the City; and (iii) as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services” herein.)
2. Compensation.
a. Subject to Section 2.b, below, the City shall pay for the Services satisfactorily performed, in accordance with the Schedule of Rates/Payments set forth in Exhibit “B”, attached hereto.
b. In no event shall the total amount paid for the Services exceed the sum of $40,000.
This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Consultant in performing the Services, unless otherwise agreed upon in writing. Consultant shall be deemed to have made all necessary inquiries and site inspections prior to agreeing to perform the Services. Periodic payments for undisputed work shall be made within thirty (30) days of receipt of an invoice which
EXHIBIT C
Paramount PSA (January 2025) 2
includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
The Parties may agree on additional work to be provided as part of the Services. An amendment to this Agreement shall be prepared by the City and executed by both Parties authorizing such additional work and compensation therefor, prior to such work being performed.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available for review by the City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
5. Term; Time of Performance.
The term of this Agreement shall commence on the date first set forth above and shall expire on June 30, 2027, unless extended or earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines agreed upon in writing. Consultant represents that it has the professional and technical personnel required to satisfactorily perform the Services as required by this Agreement. All indemnification provisions of this Agreement shall survive and remain in effect following the termination of this Agreement.
The Parties may, by mutual, written consent, extend the term of this Agreement.
6. Delays in Performance.
a. Force Majeure. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by force majeure events. Force majeure events mean and refer to circumstances beyond the reasonable control of the nonperforming party including, but not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
Consultant’s lack of financial capability, not due to any of the foregoing events, shall not constitute a force majeure event.
b. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, but not more than three (3) business days, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
EXHIBIT C
Paramount PSA (January 2025) 3
7. Compliance with Law.
a. Consultant shall comply with all applicable local, State, and federal laws, ordinances, statutes, codes and regulations, including Cal/OSHA requirements, in the performance of the Services.
b. City may, but is not required, to assist Consultant in obtaining and maintaining all permits required of Consultant by federal, state and/or local regulatory agencies. c. If applicable, and unless otherwise provided in the Scope of Services, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care.
Consultant’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions in the County of Los Angeles. Consultant shall, at all times herein, possess any and all State of California and/or federal professional licenses and certifications, as applicable, required to lawfully perform the Services.
9. Assignment and Subcontracting.
Consultant shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of the City, which may be withheld for any reason. The Services required to be performed by the Consultant are personal to the Consultant. Any attempt to so assign, transfer, or subcontract without such consent shall be void and without legal effect and shall constitute grounds for termination. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement.
10. Independent Contractor.
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City. The work to be performed shall be in accordance with the Scope of Services described in this Agreement, subject to such directions and amendments from City as herein provided. a. All work and other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform the Services, including, without limitation, a City of Paramount business license as required by the Paramount Municipal Code. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services.
Consultant shall be solely responsible for the satisfactory work performance of all
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personnel engaged in performing the Services and compliance with the customary professional standards.
b. None of Consultant’s employees and/or other personnel performing any of the Services under this Agreement on behalf of Consultant shall be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement.
Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. c. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
d. To the maximum extent permitted by laws, Consultant shall indemnify, defend and hold harmless the City and other Indemnitees (as defined in Section 13.a herein), from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provision of this Section 10, or any of Consultant’s personnel practices. In addition to all other remedies at law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or
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indemnification obligation arising under this Section. The duty of indemnification set forth in this Section is in addition to all other indemnification provisions of this Agreement.
11. PERS Compliance.
General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted in writing by City’s Risk Manager, Consultant shall not commence work for the City until it has secured insurance in such forms and with such limits as set forth in Exhibit “C” attached hereto, and provided evidence thereof that is acceptable to the City. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
13. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by City), indemnify and hold the City, its elected and appointed officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 13) free and harmless with respect to any and all 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 Consultant, its owners, officials, officers, employees, servants, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, and/or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, or by the City or any of the other Indemnitees. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct. b. The provisions of this Section 13 shall survive the termination of this Agreement.
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14. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq. and 1770, et seq., which require the payment of prevailing wages and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with the Prevailing Wage Laws. These rates are on file with the City Clerk or may be obtained at: http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. (i) Copies of the prevailing wage rates may be obtained at cost at the City Clerk's office. Consultant shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by them or by any subcontractor under them, in violation of the provisions of this Agreement. (ii) Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of this Agreement and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any
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subcontractor that affect Consultant’s performance of the Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
15. Data Security.
a. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Consultant by City, or otherwise acquired from City, in connection with Consultant’s performance of the Services. As between the Consultant and the City, any and all City Data is solely owned by City.
Consultant is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Consultant use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Consultant shall protect and maintain the security of City Data using methods providing not less than the level of security Consultant uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.
b. To the extent any City Data consists of personal information as defined in the California Consumer Privacy Act (Civil Code Section 1798.100, et seq.), Consultant shall comply with that statute and with Civil Code Section 1798.80. et seq., including providing the required notifications in the event of any unauthorized access or disclosure of personal information stored, maintained, accessed, used or transmitted by Consultant in connection with this Agreement. Notwithstanding the foregoing, Consultant shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Consultant shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.
c. Consultant shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative. Cloud storage using Amazon Web Service or Microsoft Azure shall be deemed to satisfy the requirements of this subsection c.
16. Confidential Information
Consultant understands and agrees that, in the performance of the Services under this Agreement or in contemplation thereof, Consultant may have access to private or confidential information which may be owned or controlled by the City and that, if disclosed to third parties, could be damaging to the City. Consultant agrees that all City information
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and data provided or made accessible to Consultant by City shall be held in confidence and disclosed only as needed in performance of this Agreement, or as required by law.
Consultant shall exercise the same standard of care to protect such information as a reasonably prudent consultant would use to protect its own confidential and/or proprietary information and data.
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California without regard for conflicts of laws rules. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. Consultant must comply with the claim procedures set forth in Government Code section 900, et seq. prior to filing any lawsuit against the City.
18. Termination.
a. City has the right to terminate any portion or all of the Services under this Agreement with or without cause, by giving ten (10) calendar days’ prior, written notice to Consultant. In such event, City shall be immediately given title to and possession of all Work Product, including all related intellectual property rights, and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Consultant is not then in breach, City shall pay Consultant the reasonable value of services rendered for any portion of the Services completed prior to termination. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services or services within the Scope Services performed prior to the effective date of this Agreement, and shall not be entitled to damages or compensation resulting from such termination of the Services.
b. Consultant may terminate its obligation to provide further Services under this Agreement by serving written notice of termination to the City, provided Consultant has first served the City with a written notice of default and demand to cure, and City has failed to cure such default within thirty (30) days of receipt of such notice.
19. Ownership of Work Product.
a. Except as otherwise provided in Section 18, “Termination”, above, and unless otherwise agreed upon in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising
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from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made or termination of the Agreement by City, provided that any such use shall be at City’s sole risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. “Work Product” does not include intellectual property lawfully owned by or licensed to Consultant prior to the effective date of this Agreement.
b. Consultant hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to subsection (a), above. c. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Consultant’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, and the other Indemnitees (as defined in Section 13(a), above) harmless from any and all loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement.
20. Party Representatives.
Consultant hereby designates David Beighton, or his or her designee, as Consultant’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City. City hereby designates Margarita Matson, or his or her designee, as City’s Representative for this Agreement. The foregoing Representatives shall be authorized to approve non-monetary revisions to this Agreement, provide consent where required herein, and to make other administrative decisions that will be binding on their respective Party, except as otherwise specifically required herein.
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21. Notices.
Any notice or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Attn: Margarita Matson,
Public Safety Department
CONSULTANT:
David Beighton
1304 S. Oakhaven Drive
Anaheim, CA 92804
and shall be effective upon receipt thereof.
22. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement.
This Agreement, with its exhibits, all of which are incorporated by reference herein, and all documents incorporated by reference, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto.
This is an integrated Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and any exhibit hereto or document incorporated by reference herein, the provisions of this Agreement shall govern.
25. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render any other provisions unenforceable, invalid or illegal.
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26. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement.
However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is agreed to in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
28. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants.
City reserves its right to employ other consultants to provide the Services or similar services to the City.
30. Interest of Consultant.
Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services under this Agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of the City.
31. Interest of Subcontractors.
Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services under this Agreement shall be employed. Consultant has provided City with a list of all subcontractors and the key personnel for such subcontractors that are retained or to be retained by Consultant in connection with the performance of the Services, to assist the City in affirming compliance with this Section.
32. Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant,
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any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PARAMOUNT
AND DAVID BEIGHTON
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF PARAMOUNT CONSULTANT: DAVID BEIGHTON
By:____________________________ By:____________________________ Brenda Olmos, Mayor David Beighton, Consultant
ATTEST:
By:___________________________
Heidi Luce, City Clerk
Paramount PSA (January 2025) Attachment B - 1
Scope of Services
Under general direction, the Consultant will collaborate with designated law enforcement personnel to conduct interviews, gather information, and assist in preparing documentation for ongoing matters. The Consultant will provide professional guidance to support agency operations, with an emphasis on efficient case development and interdepartmental coordination.
This advisory role does not include enforcement actions, such as arrests, nor does it require response to in-progress criminal or emergency calls. The Consultant’s responsibilities focus on case follow-up, information development, and administrative preparation of case materials to support agency staff and prosecutorial review.
The Consultant is authorized to access and is proficient in the use of necessary State databases required for service delivery, including but not limited to background information, DMV records, and related data. Platforms include but are not limited to:
• LACRIS
• CCHRS
• RAPS
• DMV
• C.L.E.A.T.S.
• JDIC
• L.A.R.C.I.S.
• PIMS
• SECDA
• Arrest Query
The Consultant will assist designated law enforcement supervisory personnel with data entry and recordkeeping in the Los Angeles County case tracking database. The Consultant will regularly review case reports and assess their status for potential assignment or follow-up by Los Angeles County Sheriff’s Department personnel. The Consultant will also be available to respond to walk-in and phone inquiries from the public regarding relevant law enforcement case matters.
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Schedule of Rates/Payments
Consultant will invoice City on a bi-weekly cycle, or otherwise as expressly provided in this Agreement. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task, as applicable. Consultant will inform City regarding any out-of-scope work being performed by Consultant. Any other terms and conditions relating to the amount of compensation to be paid to Consultant are as follows:
• $50 an Hour
Payment Schedule
July 16, 2026 January 14, 2027
July 30, 2026 January 28, 2027
August 13, 2026 February 11, 2027
August 27, 2026 February 25, 2027
September 10, 2026 March 11, 2027
September 24, 2026 March 25, 2027
October 8, 2026 April 8, 2027
October 22, 2026 April 22, 2027
November 5, 2026 May 6, 2027
November 19, 2026 May 20, 2027
December 3, 2026 June 3, 2027
December 17, 2026 June 17, 2027
December 31, 2026 July 1, 2027
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INSURANCE
1. Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section, or as may otherwise be permitted or required in writing by the City’s risk manager.
2. Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant 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. Commercial Automobile Liability Insurance: Consultant 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 the Consultant 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. The City of Paramount, its elected or appointed officers, officials, employees and volunteers shall be named as additional insureds on such policy.
D. 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 the coverage is maintained on a claims-made basis, the Vendor shall maintain such coverage for an additional three (3) years following termination of the contract.
E. For Commercial General Liability and Commercial Automobile Liability (CGL Coverage): The City will be named as an additional insured, under the commercial general liability (“CGL”) liability insurance policy coverage, for all liability arising out of the operations by or on behalf of the named insured, and this CGL liability 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.
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(i) Each such CGL policy shall be endorsed with the following language: The City of Paramount, its elected or appointed officers, officials, employees and volunteers are included as insureds 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.
(ii) This CGL policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (iii) 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.
(iv)The Additional Insured coverage under the Consultant’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
F. Deductibles and Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City 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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, and agents to the extent of such coverage.
4. Evidence of Insurance. The Consultant shall deliver redacted copies of the required policies or original certificates of insurance and redacted or specimen endorsements issued by their insurer. The Consultant and its insurer are solely responsible for ensuring that the required insurance complies with this Agreement and provides adequate coverage for all services performed. The Consultant 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, the Consultant shall provide evidence of renewal or replacement coverage. If any policy is canceled or reduced, the Consultant must file evidence of reinstatement or replacement coverage within ten (10) days of receipt of written notice of the change.
The City may request copies of insurance policies and endorsements for informational purposes only, without assuming any obligation to verify compliance or adequacy.
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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 immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City 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). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City 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 coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance .
EXHIBIT C
Paramount PSA (January 2025) 4
WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations: (ONE OF THE
PARAGRAPHS BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this Agreement.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier _____________________________________________
Policy Number _______________________________________
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of Paramount and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
By: _________________________________ Dated:______________, 20_____
EXHIBIT D
2026-2027 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 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 enter into this cost sharing agreement (“Agreement”) with the City 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. For August 2026 through June 2027, the District agrees to reimburse the City for all Contract costs in excess of Three Hundred Eighty Thousand, Seven Hundred and Ninety-two ($380,792) dollars. The parties anticipate that the actual amount that will be owed by the District to the City above the $380,792 limit is approximately Fifty Thousand and One Hundred ($50,100) dollars, which will be invoiced upon completion of the school year.
2. Under this Agreement, the City is billed monthly for all services performed by ACMS. The City shall provide the District with a copy of the monthly invoices
EXHIBIT D
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 under the Contract in excess of $380,792, as set forth in Section 1 of this Agreement above. The District agrees to pay the City within 30 days of receipt of the invoices referred to herein.
3. Either party may terminate this Agreement if they are unable or unwilling to support their commitment to share in the cost of the ACMS crossing guard services under the Contract by giving written notice to the other sufficiently in advance of the timelines mentioned in Section 12 of the Professional Service Agreement, Attachment A, so that the City can satisfy those Timelines. For purposes of this Agreement, "sufficiently in advance" shall mean at least thirty (30) days in advance of the sixty (60) day prior notice requirement referenced in Section 12 of Attachment A.
4. 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: ___________________________
Nicholas R. Ghirelli, City Attorney
EXHIBIT E
FOURTH AMENDMENT
This Fourth 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, 2026.
Whereas City and TSA entered into the Agreement dated July 1, 2023 (“Agreement”).
Whereas the parties now desire to amend the Agreement.
Now, therefore, City of Paramount and TSA agree as follows:
1. Section 4, Term of Contract, of the Agreement is amended as follows: This Fourth Amendment extends the term of the Agreement. The term shall be July 1, 2026, to June 30, 2027. 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 as follows:
Contractor’s rate of $89 per bed night, not to exceed a total of $584,730 compensation, for the term of this Fourth Amendment.
3. Except as provided in this Fourth 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 Fourth Amendment as of the date first set forth above. [SIGNATURES ON FOLLOWING PAGE]
EXHIBIT E
CITY OF PARAMOUNT
By:____________________________
John Moreno, City Manager
Date: _________________________
Attest:_
By:____________________________
THE SALVATION ARMY,
A CALIFORNIA CORPORATION
By:____________________________
Salvation Army Board Rep.
Date: __________________________
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Date: June 23, 2026
SUBJECT: TEAMSTERS LOCAL 986
BACKGROUND
Teamsters Local 911 originally unionized the City’s Public Works employees in 2019 and negotiated the first Memorandum of Understanding (MOU) covering June 8, 2022–June 30, 2025. A side letter in July 2023 extended this term to June 30, 2026, along with additional cost of living adjustments (COLA) and other benefit adjustments.
Over multiple side letters (2023–2025), the City granted additional COLA increases, a new mental health day, deferred compensation match enhancements, vacation cashouts, and holiday changes.
On September 25, 2025, the Public Employment Relations Board (PERB) approved the Teamsters Local 986’s petition to amend the certification of the bargaining units represented by Teamsters Local 911 to reflect representation by a new consolidated Teamsters Local 986, following an internal union membership vote to approve that consolidation. This approval included the representation of a new bargaining unit comprised of Public Safety classifications (Community Services Officer, Parking Control Officer, Code Enforcement Officer). The new consolidated Teamsters Local 986 now represents separate bargaining units of Public Works and Public Safety classifications, whose terms and conditions of employment are set forth in two separate MOU’s pending approval by City Council.
DISCUSSION
Negotiations began in November 2025 with ongoing communications through April 2026.
A comprehensive full-time compensation study completed in March 2025 identified that 88 of 96 full-time classifications were below market, with many classifications more than 10% below market. This was one of the factors guiding the City’s approach to necessary salary adjustments during its negotiations with Teamsters. The parties reached a tentative agreement on all issues on May 7, 2026. The resulting two MOU’s cover a three-year period from 2026–2029.
Agenda Report June 23, 2026
TEAMSTERS LOCAL 986 MOU Page 2
The negotiated MOU represents a balanced and sustainable agreement that accomplishes key goals:
• Addresses competitive compensation concerns identified in the 2025 market study.
• Improves employee benefits and adds flexibility in key areas. • Maintains long-term fiscal responsibility for the City.
Staff recommends approval of the 2026–2029 proposed MOUs with Teamsters Local 986 Public Works bargaining unit and Public Safety bargaining unit. Staff also recommends approval of the attached side letter memorializing the temporary certification pay for the eligible Public Safety employees.
Below is a consolidated summary of all items tentatively agreed to by the parties as of May 13, 2026. Teamsters membership subsequently voted to approve the terms of tentative agreement reached during negotiations.
Compensation
COLA Adjustments
• 4% effective July 2026
• 4% effective July 2027
• 5% effective July 2028
Market Rate Adjustments – City focused on the following classifications that were significantly below market for individual market adjustments, consistent with the compensation study.
• Senior Water Operator: 4%
• Water Operator: 3%
• Senior Maintenance Worker: 3%
Overtime & Hours Worked
• Holiday overtime increased from 1.5x to 2.0x for hours worked on a City holiday.
Call-back pay on a City holiday increased to double time. • Vacation and sick time will now count as “hours worked” for overtime calculation. • Compensatory time accrual increased from 40 to 80 hours; notice requirement adjusted from 10 days to 7 days.
Uniforms and Allowances
• Safety footwear allowance increased from $200 to $350.
Agenda Report June 23, 2026
TEAMSTERS LOCAL 986 MOU Page 3
Certification Pay
New monthly certification stipends:
Public Works employees:
• Water Certifications
– D2/T2: $100/month
– D3/T3: $125/month
– D4/D5 or T4/T5: $150/month
• Commercial driver license for street sweeping: $100/month • Backflow Prevention Assembly Tester: $100/month
• Certified Pool Operator: $100/month
Public Safety employees:
• Building Inspector Certification: $100/month
• PreLIMS Access for evidence collection: $100/month (temporary pay until all Community Service Officers are PreLIMS trained by LASD); formalized in the attached side letter.
Leave Benefits
Vacation Accrual - City provided a uniform 16-hour increase across tiers as follows:
• 0–5 years: 96 hours
• 5–9 years: 136 hours
• 9–15 years: 176 hours
• 15+ years: 192 hours
Change to Sick Leave Payout
• Less than 15 years of service: 50% payout
• 15 or more years of service: 75% payout
Bereavement Leave
• Increased from 3 days to 5 days.
Employee Programs
City to waive summer day camp registration fees for up to 15 children of employees (first-come, first-served).
FISCAL IMPACT
Funding covering the proposed employee compensation and benefits enhancements has been included in FY 2026-27 budget.
Agenda Report June 23, 2026
TEAMSTERS LOCAL 986 MOU Page 4
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 Memorandums of Understanding (MOU) between the City of Paramount and Teamsters Local 986 - Public Works bargaining unit and Teamsters Local 986- Public Safety bargaining unit, for the period July 1, 2026 through June 30, 2029; and 2) Approve the side letter memorializing the temporary certification pay for the eligible Public Safety employees.
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PARAMOUNT
AND
TEAMSTERS LOCAL 986
Public Works Unit
July 1, 2026 through
June 30, 2029
TABLE OF CONTENTS
Page
- i -
MEMORANDUM OF UNDERSTANDING
Preamble..............................................................................................................................4 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition......................................................................................................5 Section 2: No Discrimination ...........................................................................................5 Section 3: No Strikes or Lockouts and Teamsters’ Responsibility ..................................5 Section 4: Layoffs.............................................................................................................5 Section 5: City/Union Meetings .......................................................................................5 Section 6: Union Business................................................................................................6 Section 7: Management Rights.........................................................................................7 Section 8: Contracting Out ...............................................................................................8 Section 9: Employee Rights .............................................................................................8 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause ............................................................9 Section 2: Term ................................................................................................................9 Section 3: Modification and Waiver.................................................................................9 ARTICLE THREE: ORGANIZATIONAL SECURITY
Organizational Security.....................................................................................................10 ARTICLE FOUR: COMPENSATION
Section 1: Salaries ..........................................................................................................11 Section 2: EPMC Contribution.......................................................................................11 Section 3: Bilingual Pay .................................................................................................11 Section 4: Anniversary Achievement Award .................................................................11 Section 5: Merit Steps.....................................................................................................12 ii
TABLE OF CONTENTS
(Continued)
Page
Section 6: Training and Recertification Time ................................................................12 Section 7: Special Pay/Certification Pay ........................................................................12 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization.................................................................................14 Section 2: F.L.S.A. Overtime .........................................................................................14 Section 3: Compensatory Time ......................................................................................15 Section 4: Call Back Pay ................................................................................................15 Section 5: Stand-By Pay for Water Operator and Senior Water Operator .....................15 ARTICLE SIX: UNIFORMS & SAFETY FOOT WEAR ALLOWANCE
Uniforms & Safety Foot Wear Allowance........................................................................17 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical ..........................................................................................................18 Section 2: Discussion of Health and Welfare.................................................................18 Section 3: Life Insurance................................................................................................18 Section 4: Deferred Compensation................................................................................18 Section 5: Other City Employee Programs.....................................................................18 Section 6: Tuition Reimbursement .................................................................................18 ARTICLE EIGHT: RETIREMENT
Section 1: Public Employee Retirement System (“PERS”) ...........................................20 Section 2: Retiree Medical .............................................................................................20 ARTICLE NINE: HOLIDAYS
Section 1: Holidays.........................................................................................................21 ARTICLE TEN: VACATION
Section 1: Vacation Leave..............................................................................................22 iii
TABLE OF CONTENTS
(Continued)
Page
ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave .....................................................................................................23 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty .......................................................................................................24 Section 2: Bereavement Leave .......................................................................................24 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions ......................................................................................................26 Section 2: Work Schedule ..............................................................................................26 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Purpose and Scope ............................................................................................................27 Grievance Definition .........................................................................................................27 Days...................................................................................................................................27 Grievance Presentation and Procedures ............................................................................27 Informal Procedure............................................................................................................28 Formal Procedure ..............................................................................................................28 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure .........................................................................................................30 ARTICLE SIXTEEN: CITY SUMMER DAY CAMP
City Summer Day Camp ...................................................................................................30
SIGNATURE PAGE
Signatures ..........................................................................................................................31
APPENDIX A
Classifications Represented...............................................................................................32 4 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 986 (TEAMSTERS)
PREAMBLE
This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into by and between the City of Paramount (hereinafter referred to as “City”) and the California Teamsters, Public, Professional and Medical Employees Union, Local 986, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the “Union”). It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the Employees covered by this MOU. This MOU is entered into with reference to the following facts:
A. Representatives of management for the City of Paramount (hereafter “City”) and representatives of Teamsters Local 986 (hereafter “Union”) have met and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee-members represented by the Union.
B. The management representatives and the representatives of the Union have reached an understanding as to recommendations to be made to the City Council for the City of Paramount and to the membership of the Union.
C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified. 5 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 986 (“Union”) as the certified majority representative of the employees, comprised of the classifications listed in Appendix A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual or employee with respect to his/her compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or nonmembership in the Union.
The City and Teamsters agree that the City’s policies set forth in the City of Paramount’s Personnel Policies and Procedures Manual shall be applied in a non- discriminatory manner as prohibited by state and federal anti-discrimination, anti-harassment, and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies.
The Parties agree that claims of discrimination, harassment, or retaliation shall be processed under the City’s EEO and prevention of Harassment and Discrimination Policies.
Section 3: No Strikes or Lockouts and Teamsters’ Responsibility During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union, and no lockouts shall be made by the City. Any employee who willfully participates in any conduct prohibited by this section shall be subject to immediate termination.
Section 4: Layoffs
Layoffs are governed by the Layoff Policy contained in the City’s Personnel Manual.
Section 5: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern.
6 Section 6: Union Business
A. Use of Bulletin Boards
The City shall provide the Union one designated bulletin board subject to the following conditions:
1. All Union-approved Postings for bulletin boards must contain the date of posting and the identification of the Union;
2. Union will not post information, which is defamatory, derogatory, or obscene about any City employee or Councilmember;
3. No political campaign advocacy shall be posted for federal, state or local elections.
B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall obtain authorization for the visit from the Human Resources Manager or designee.
In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Manager or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities during non-work hours (8 a.m. to 5 p.m.) so long as these facilities are not in use by submitting a written request to the Human Resources Manager or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations.
C. Shop Stewards
The City agrees to recognize up to two (2) Stewards appointed by the Union. One of the two (2) shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing of the names of each Steward and Chief Steward.
D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/her work location to conduct Union related business, he/she shall inform their supervisor of the expected duration of the leave and obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would interfere with City operations. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight (48) hours, 7 excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, or meetings with Human Resources involving personnel or labor relations matters. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain prior authorization from the Human Resources Manager or designee.
The City agrees to release (unpaid or use of vacation time) up to two (2) Stewards per year to attend a one (1) day Union sponsored Steward seminar located in Southern California. The Union shall provide the City at least fourteen (14) calendar days prior written notice of the request to release the Stewards for the seminar. Such request shall include the date and start/end time of the seminar.
Release time as provided for in any of the above sections shall not result in the City incurring any overtime.
E. Union Participation in New Employee Orientation
Teamsters Local 986 representative(s) shall be notified of new employee orientations and shall be allowed up to 30 minutes to make a presentation to new hires for the sole purpose of providing employees with information regarding Teamsters Local 986 during City Hall hours.
Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and boards;
B. Set standards and levels of service;
C. Determine the procedures and standards of selection of employment and promotions; D. Direct its employees;
E. Establish and enforce dress and grooming standards as outlined by City Management in writing;
F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
G. Maintain the efficiency of government operations;
H. Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;
I. Determine the content and intent of job classifications; 8 J. Determine methods of financing;
K. Determine style and/or types of City issued wearing apparel, equipment, or technology to be used;
L. Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; M. Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; N. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
O. Establish and modify productivity and performance programs and standards; P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws and with the provisions of this MOU, including without limitation Rules and Regulations; Q. Take all necessary actions to carry out its mission in emergencies; and R. Exercise complete control and discretion over its organization and the technology of performing its work.
The Union and City agree that if the City’s exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.
Section 8: Contracting Out
The City shall not contract work out from the bargaining unit during the term of the agreement.
Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights.
9 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 2026 and shall remain in full force and effect up to and including midnight, the 30th day of June 2029 or until the next Memorandum of Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council.
Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other conditions of employment of employees in the classification represented by the Union that would take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to such changes.
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act. 10 ARTICLE THREE: ORGANIZATIONAL SECURITY
Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee.
Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month.
The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement.
The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article.
11 ARTICLE FOUR: COMPENSATION
Section 1: Salaries
A. Effective the first day of the pay period that includes July 1, 2026, the base salary ranges for the represented classifications shall be increased four percent (4%) B. Effective the first day of the pay period that includes July 1, 2027, the base salary ranges for the represented classifications shall be increased four percent (4%) C. Effective the first day of the pay period in July 1, 2028, the base salary ranges for the represented classifications shall be increased five percent (5%) Section 1(a): Market Adjustments
Effective the first day of pay period that includes July 1, 2026, the City shall make the specified market rate adjustments to base salary ranges for the following designated classifications:
1. Senior Water Operator: four percent (4%)
2. Water Operator: three percent (3%)
3. Senior Maintenance Worker: three percent (3%)
Section 2: EPMC Contribution
The employee contribution to EPMC shall remain at 8%.
Section 3: Bilingual Pay
An employee shall be compensated for bilingual pay if his/her regular job duties provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency and compensation are governed by the City’s Bilingual Skill Pay Policy contained in the City’s Personnel Manual
Section 4: Anniversary Achievement Award
Effective April 1, 2022, 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
12 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.
Section 5: Merit Steps
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 “satisfactory” rating as of their immediately preceding annual performance evaluation (s). Employees shall receive their annual evaluations as outlined in the City’s Performance Evaluation Policy. Advancement within Class (Step Increase) are governed by the City’s Advancement Within Class (Step Increase) Policy contained in the City’s Personnel Manual.
Section 6: Training and Recertification Time
Training and/or recertification time that is required by the employee’s then current job description on file with the Human Resources Department or approved in advance by the Department Head is compensable.
Section 7: Special Pay/Certification Pay
Certification pay shall be paid in equal installments over twenty-six (26) pay periods annually and shall be included in the employee’s regular biweekly paycheck.
A. Class B Driver’s License
Employees that are required to maintain a Class B driver’s license and are assigned to street sweeping duties shall receive $100 per month.
B. Water Certification
Employees who maintain any of the following water certifications above the minimum certification required for their position shall receive certification pay as follows:
Certification pay shall not be cumulative. Employees shall only be eligible to receive the highest applicable certification pay.
1. D2 or T2: $100 per month
2. D3 or T3: $125 per month
3. D4/D5 or T4/T5: $150 per month
13 C. Miscellaneous Certifications:
Employees shall only be eligible for a maximum of one (1) of the following certifications:
(1) Backflow Prevention Assembly Tester
Employees assigned to serve as a Backflow Prevention Assembly Tester and possess the Backflow Prevention Assembly Tester certification shall receive certification pay of $100 per month.
(2) Certified Pool Operator
Employees assigned to maintain the City’s pool and possess the Pool Operator certification shall receive certification pay of $100 per month.
14 ARTICLE FIVE: OVERTIME
Section 1: 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.
Section 2: F.L.S.A. and Contractual Overtime
Non-exempt employees who actually work more than 40 hours in a designated seven-day workweek shall be paid or accrue compensatory time (at the employee’s discretion) at one and one-half (1.5) times the regular rate in accordance with the Fair Labor Standards Act (FLSA) 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 subject to management approval. 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 Vacation Leave, Sick Leave, Bereavement Leave and Jury Duty.
Special Event Overtime
Subject to the exceptions set forth below, non-exempt represented 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 employee’s regularly scheduled hours.
If the employee has preapproval from their supervisor for planned compensatory time off during the week of the special event that is 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 compensatory time for the preapproved time off during the same work week.
If an employee takes any unplanned compensatory time during the same work week in which they work a special event, however, they will not receive special event overtime. Instead, the number of hours worked at the special event outside of their regular work hours shall be applied to their absence and the number of compensatory time hours utilized shall be reduced by the amount of hours worked at the special event. Notwithstanding this provision, the hours worked at the special event will still count towards the number of hours worked for purposes of FLSA overtime.
For example, if an employee works a special event for 9 hours on Saturday and then calls in and uses unplanned compensatory time to cover their 9-hour shift the following Monday in the same work week, the absence will be covered by the 9 hours worked at the special event and the employee will not be required to use any compensatory time. The employee would not receive any special event overtime compensation for hours worked at the special event under this example. 15 Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked subject to management approval. Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by 1.5.
A. Scheduling of compensatory time requires prior management approval and must be preceded by a seven (7) day notice of intended use from the employee. Management may waive the seven (7) day notice in cases of emergency. The seven (7) 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 funeral is known..
Compensatory time off may be taken only in 15 minute increments.
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 nonexempt classification.
Section 4: Call Back Pay
Call back occurs when an employee is requested to report to duty on a non-scheduled 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. An employee called back on a recognized City holiday shall be paid at double time the regular 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.
Section 5: Stand-By Pay for Water Operator and Senior Water Operator Water Operator and Senior Water Operator Employees shall be assigned and compensated for StandBy 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.
16 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. 17 ARTICLE SIX: UNIFORMS & SAFETY FOOT WEAR
If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform.
The City does not provide for an allowance. Instead, the City pays for employee-selected safety footwear directly from a selected vendor of up to $350. Any cost beyond the $350 shall be the responsibility of the employee.
Employees receiving footwear under this provision are required to wear the prescribed boots/shoes at all times while in the field or as required. Boots/shoes must be kept in a well-maintained condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. The City will report that portion of the uniform allowance for classic members that meets the definition contained in California Code of Regulations section 571. 18 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article.
The City and the Union will discuss adopting Teamsters Miscellaneous Trust plan during the term of this Agreement.
Section 2: Discussion of Health and Welfare
City shall provide medical, dental, and vision insurance as provided in the City’s Employee Benefits Policy contained in the City’s Personnel Manual. In addition, effective January 2023, employees who qualify and choose to opt out of health insurance, shall receive compensation from the City of $750 per month.
Section 3: Life Insurance
The City provides life insurance in the amount of an employee’s annual salary up to a maximum of $200,000 in coverage to employees. The City shall pay 100% of the cost of such plan for employees.
The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee.
Section 4: Deferred Compensation
Employees are eligible to participate in the deferred compensation plan offered by the City. This option is available at the employee’s cost.
Section 5: Other City Employee Programs
City shall provide the following additional benefits as provided in the City’ Personnel Manual:
• Short and Long Term Disability
• EAP
• Credit Union membership
• Access to City-owned gyms
• Discounted recreation programs
Section 6: Tuition Reimbursement
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 19 of the term in which enrolled. 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. The reimbursement request must include a memo from the Department Director, or their designee, a copy of the employee’s transcripts demonstrating a passing grade, and a copy of the receipt showing the fees paid.
A maximum of $10,000 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.
20 ARTICLE EIGHT: RETIREMENT
Section 1: Public Employee Retirement System (“PERS”)
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). The City provides 2.5% at 55 benefit formula per “Classic” CalPERS members covered under pre—2013 rules. The City provides the 2% @ 62 benefit formula for “new” employees as defined under PEPRA. All PEPRA employees shall contribute the normal cost of employee PERS cost as determined by CalPERS. “Classic” employees shall contribute to their EMPC as provided in Article Four, Section 2.
Section 2: Retiree Medical
Employees who retire from the City after December 3, 2010 are entitled to 85% of the cost of their CalPERS medical premiums throughout retirement, inclusive of dependents. 21 ARTICLE NINE: 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 – Farmworker Day
5. The last Monday in May – Memorial Day
6. June 19th - Juneteenth
7. July 4th – Independence Day
8. The first Monday in September – Labor Day
9. November 11th – Veterans’ Day
10. The 4th Thursday in November – Thanksgiving Day
11. The day after Thanksgiving
12. December 24th – Christmas Eve
13. December 25th – Christmas Day
14. 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 Saturday, the preceding Friday shall be treated as the holiday. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday.
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 double time time 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. 22 ARTICLE TEN: VACATION
Section 1: Vacation Leave
Except as expressly provided below, the use of and accrual of Vacation Leave are governed by City’s Vacation Policy contained in the City’s Personnel Manual.
Employees shall accrue vacation at the following rates:
• Less than five (5) years of continuous service: Each employee working in continuous service of less than five (5) years shall earn 96 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 136 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 176 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked.
• Fifteen (15) or more years of continuous service: Upon completion of the fifteen year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 192 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked.
23 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave
Except as expressly provided below, use and accrual of Sick Leave are governed by City’s Sick Leave Policy contained in the City’s Personnel Manual.
Sick Leave Payout
For employees with less than 15 years of completed service: 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.
For employees with more than 15 years of completed service: Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of seventy-five percent (75%) 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.
24 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty
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), as immediately as possible following notification from the court each day that they are selected to report for Jury Duty. 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 benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death of any “immediate family member.” “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- 25 law, or sister-in-law of the employee, regardless of residence including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of five (5) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary.
The bereavement leave begins on the first regularly scheduled workday as requested by the employee. Bereavement leave must be authorized by the employee's Department Director and must be utilized within 15 days of employee learning of the death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death and shall not be unreasonably denied.
Upon written verification that funeral services or other related obligations necessitate travel outside of California, the employee shall be entitled to use up to two (2) additional days of accrued leave (vacation, compensatory time, or sick leave; said leave to be recorded as vacation, etc.). 26 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions
The seven (7) day work period shall begin on Saturday at 12:00 a.m. and end on Friday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the affected employees a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the Department Director.
Section 2: Work Schedule
Work shifts, days, and hours can be modified by the City within the limits prescribed by law, based on operating conditions and requirements. Employees may not change their own regular schedule without approval. Employees may request a change in work schedule through their manager. The manager will obtain approval from the City Manager, or 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.
The City may consider approval of an alternate work week schedule or flexible time for specific positions based on service levels and operational needs. Alternate and flexible work schedules must be approved by the City Manager.
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.
27 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of a particular provision of this MOU, or City Personnel Rules. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level.
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation, misapplication, or violation of a particular provision of this MOU, 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 or do so through their Union representative.
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 MOU, 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), Union representative and the designated management representative.
28 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 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 or their union representative 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) or the Union 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 Union and/or 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 Union and employee(s) within eight (8) days.
Step Two – Department Director
If the Union or 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 Union and/or 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 Union and 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 Union and employee(s), with copies to the Human Resource Director and the City Administrator.
Step Three - City Manager/Advisory Arbitration
If the Union or 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 Union may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Manager or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’s written notice. If the Union and/or employee(s) elects to have the matter heard by the City Manager or designee, the 29 Union and/or 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 Union and employee(s). The decision of the City Manager shall be final and binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union 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 Union 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 Union’s request. The Union 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 Union and 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.
30 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
The disciplinary procedure shall be governed by the City’s Progressive Disciplinary Process and Appeals Procedure Policies contained in the City’s Personnel Manual.
ARTICLE SIXTEEN: CITY SUMMER DAY CAMP
The City shall waive the registration fee for the City’s Summer Day Camp program, if offered, for the children of City employees. The waiver under this Article is limited to the first 15 children of City employees that register for the Summer Day Camp program on a first-come, first-served basis. Any additional children over the 15-child maximum shall be subject to the regular registration fee. 31 SIGNATURE PAGE
CITY OF PARAMOUNT
__________________________________
John Moreno, City Manager
__________________________________
Grissel Chavez, Assistant City Manager
TEAMSTERS LOCAL 986
__________________________________
Michael Grijalva
Chief Negotiator
__________________________________
Ignacio Villaseñor
Chief Steward
__________________________________
Kayla Kurrle
Steward
APPROVE AS TO FORM
__________________________________
Nick Ghirelli, City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON JUNE 23, 2026.
ATTEST:
__________________________________
Heidi Luce, City Clerk
32 APPENDIX A
CLASSIFICATIONS REPRESENTED
The following classifications are included in the bargaining unit that is subject to this Memorandum of Understanding:
• Senior Water Operator
• Water Operator
• Senior Maintenance Worker
• Maintenance Worker
• Warehouse Attendant
• Water Quality Specialist
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PARAMOUNT
AND
TEAMSTERS LOCAL 986
Public Safety Unit
July 1, 2026 through
June 30, 2029
TABLE OF CONTENTS
Page
- i -
MEMORANDUM OF UNDERSTANDING
Preamble..............................................................................................................................4 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition......................................................................................................5 Section 2: No Discrimination ...........................................................................................5 Section 3: No Strikes or Lockouts and Teamsters’ Responsibility ..................................5 Section 4: Layoffs.............................................................................................................5 Section 5: City/Union Meetings .......................................................................................5 Section 6: Union Business................................................................................................6 Section 7: Management Rights.........................................................................................7 Section 8: Contracting Out ...............................................................................................8 Section 9: Employee Rights .............................................................................................8 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause ............................................................9 Section 2: Term ................................................................................................................9 Section 3: Modification and Waiver.................................................................................9 ARTICLE THREE: ORGANIZATIONAL SECURITY
Organizational Security.....................................................................................................10 ARTICLE FOUR: COMPENSATION
Section 1: Salaries ..........................................................................................................11 Section 2: EPMC Contribution.......................................................................................11 Section 3: Bilingual Pay .................................................................................................11 Section 4: Anniversary Achievement Award .................................................................11 ii
TABLE OF CONTENTS
(Continued)
Page
Section 5: Merit Steps.....................................................................................................12 Section 6: Training and Recertification Time ................................................................12 ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization.................................................................................13 Section 2: F.L.S.A. Overtime .........................................................................................13 Section 3: Compensatory Time ......................................................................................14 Section 4: Call Back Pay ................................................................................................14 ARTICLE SIX: UNIFORMS & SAFETY FOOT WEAR ALLOWANCE
Uniforms & Safety Foot Wear Allowance........................................................................15 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical ..........................................................................................................16 Section 2: Discussion of Health and Welfare.................................................................16 Section 3: Life Insurance................................................................................................16 Section 4: Deferred Compensation................................................................................16 Section 5: Other City Employee Programs.....................................................................16 Section 6: Tuition Reimbursement .................................................................................16 ARTICLE EIGHT: RETIREMENT
Section 1: Public Employee Retirement System (“PERS”) ...........................................18 Section 2: Retiree Medical .............................................................................................18 ARTICLE NINE: HOLIDAYS
Section 1: Holidays.........................................................................................................19 ARTICLE TEN: VACATION
Section 1: Vacation Leave..............................................................................................20 iii
TABLE OF CONTENTS
(Continued)
Page
ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave .....................................................................................................21 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty .......................................................................................................22 Section 2: Bereavement Leave .......................................................................................22 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions ......................................................................................................24 Section 2: Work Schedule ..............................................................................................24 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Purpose and Scope ............................................................................................................25 Grievance Definition .........................................................................................................25 Days...................................................................................................................................25 Grievance Presentation and Procedures ............................................................................25 Informal Procedure............................................................................................................26 Formal Procedure ..............................................................................................................26 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
Discipline Procedure .........................................................................................................28 ARTICLE SIXTEEN: CITY SUMMER DAY CAMP
City Summer Day Camp ...................................................................................................28
SIGNATURE PAGE
Signatures ..........................................................................................................................29
APPENDIX A
Classifications Represented...............................................................................................30 4 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PARAMOUNT AND
TEAMSTERS LOCAL 986 (TEAMSTERS)
PREAMBLE
This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into by and between the City of Paramount (hereinafter referred to as “City”) and the California Teamsters, Public, Professional and Medical Employees Union, Local 986, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the “Union”). It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the Employees covered by this MOU. This MOU is entered into with reference to the following facts:
A. Representatives of management for the City of Paramount (hereafter “City”) and representatives of Teamsters Local 986 (hereafter “Union”) have met and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee-members represented by the Union.
B. The management representatives and the representatives of the Union have reached an understanding as to recommendations to be made to the City Council for the City of Paramount and to the membership of the Union.
C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified. 5 ARTICLE ONE: FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 986 (“Union”) as the certified majority representative of the employees, comprised of t h e c l a s s i f i c a t i o n s l i s t e d Appendix A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual or employee with respect to his/her compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or nonmembership in the Union.
The City and Teamsters agree that the City’s policies set forth in the City of Paramount’s Personnel Policies and Procedures Manual shall be applied in a non- discriminatory manner as prohibited by state and federal anti-discrimination, anti-harassment, and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies.
The Parties agree that claims of discrimination, harassment, or retaliation shall be processed under the City’s EEO and prevention of Harassment and Discrimination Policies.
Section 3: No Strikes or Lockouts and Teamsters’ Responsibility During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union, and no lockouts shall be made by the City. Any employee who willfully participates in any conduct prohibited by this section shall be subject to immediate termination.
Section 4: Layoffs
Layoffs are governed by the Layoff Policy contained in the City’s Personnel Manual.
Section 5: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern.
6 Section 6: Union Business
A. Use of Bulletin Boards
The City shall provide the Union one designated bulletin board subject to the following conditions:
1. All Union-approved Postings for bulletin boards must contain the date of posting and the identification of the Union;
2. Union will not post information, which is defamatory, derogatory, or obscene about any City employee or Councilmember;
3. No political campaign advocacy shall be posted for federal, state or local elections.
B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall obtain authorization for the visit from the Human Resources Manager or designee.
In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Manager or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities during non-work hours (8 a.m. to 5 p.m.) so long as these facilities are not in use by submitting a written request to the Human Resources Manager or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations.
C. Shop Stewards
The City agrees to recognize up to two (2) Stewards appointed by the Union. One of the two (2) shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing of the names of each Steward and Chief Steward.
D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/her work location to conduct Union related business, he/she shall inform their supervisor of the expected duration of the leave and obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would interfere with City operations. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable 7 and compatible with City operational needs, such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, or meetings with Human Resources involving personnel or labor relations matters. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain prior authorization from the Human Resources Manager or designee.
The City agrees to release (unpaid or use of vacation time) up to two (2) Stewards per year to attend a one (1) day Union sponsored Steward seminar located in Southern California. The Union shall provide the City at least fourteen (14) calendar days prior written notice of the request to release the Stewards for the seminar. Such request shall include the date and start/end time of the seminar.
Release time as provided for in any of the above sections shall not result in the City incurring any overtime.
E. Union Participation in New Employee Orientation
Teamsters Local 986 representative(s) shall be notified of new employee orientations and shall be allowed up to 30 minutes to make a presentation to new hires for the sole purpose of providing employees with information regarding Teamsters Local 986 during City Hall hours.
Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions, and boards;
B. Set standards and levels of service;
C. Determine the procedures and standards of selection of employment and promotions; D. Direct its employees;
E. Establish and enforce dress and grooming standards as outlined by City Management in writing;
F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
G. Maintain the efficiency of government operations;
H. Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;
8 I. Determine the content and intent of job classifications; J. Determine methods of financing;
K. Determine style and/or types of City issued wearing apparel, equipment, or technology to be used;
L. Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; M. Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; N. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
O. Establish and modify productivity and performance programs and standards; P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws and with the provisions of this MOU, including without limitation Rules and Regulations; Q. Take all necessary actions to carry out its mission in emergencies; and R. Exercise complete control and discretion over its organization and the technology of performing its work.
The Union and City agree that if the City’s exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights.
Section 8: Contracting Out
The City shall not contract work out from the bargaining unit during the term of the agreement.
Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights.
9 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 2026 and shall remain in full force and effect up to and including midnight, the 30th day of June 2029 or until the next Memorandum of Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council.
Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other conditions of employment of employees in the classification represented by the Union that would take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to such changes.
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act. 10 ARTICLE THREE: ORGANIZATIONAL SECURITY
Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee.
Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month.
The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement.
The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article.
11 ARTICLE FOUR: COMPENSATION
Section 1: Salaries
A. Effective the first day of the pay period that includes July 1, 2026, the base salary ranges for the represented classifications shall be increased four percent (4%) B. Effective the first day of the pay period that includes July 2027, the base salary ranges for the represented classifications shall be increased four percent (4%) C. Effective the first day of the pay period that includes July 1, 2028, the base salary ranges for the represented classifications shall be increased five percent (5%) Section 2: EPMC Contribution
The employee contribution to EPMC shall remain at 8%.
Section 3: Bilingual Pay
An employee shall be compensated for bilingual pay if his/her regular job duties provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency and compensation are governed by the City’s Bilingual Skill Pay Policy contained in the City’s Personnel Manual
Section 4: Anniversary Achievement Award
Effective April 1, 2022, 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. 12 Section 5: Merit Steps
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 “satisfactory” rating as of their immediately preceding annual performance evaluation (s). Employees shall receive their annual evaluations as outlined in the City’s Performance Evaluation Policy. Advancement within Class (Step Increase) are governed by the City’s Advancement Within Class (Step Increase) Policy contained in the City’s Personnel Manual.
Section 6: Training and Recertification Time
Training and/or recertification time that is required by the employee’s then current job description on file with the Human Resources Department or approved in advance by the Department Head is compensable.
Section 7: Special Pay / Certification Pay
Certification pay shall be paid in equal installments over twenty-six (26) pay periods annually and shall be included in the employee’s regular biweekly paycheck.
A. Miscellaneous Certifications:
(1) Building Inspector Certification
Employees assigned to inspect properties and structures and possess Building Inspector certification shall receive certification pay of $100 per month. 13 ARTICLE FIVE: OVERTIME
Section 1: 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.
Section 2: F.L.S.A. and Contractual Overtime
Non-exempt employees who actually work more than 40 hours in a designated seven-day workweek shall be paid or accrue compensatory time (at the employee’s discretion) at one and one-half (1.5) times the regular rate in accordance with the Fair Labor Standards Act (FLSA) 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 subject to management approval. 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 Vacation Leave, Sick Leave, Bereavement Leave and Jury Duty.
Special Event Overtime
Subject to the exceptions set forth below, non-exempt represented 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 employee’s regularly scheduled hours.
If the employee has preapproval from their supervisor for planned compensatory time off during the week of the special event that is 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 compensatory time for the preapproved time off during the same work week.
If an employee takes any unplanned compensatory time during the same work week in which they work a special event, however, they will not receive special event overtime. Instead, the number of hours worked at the special event outside of their regular work hours shall be applied to their absence and the number of compensatory time hours utilized shall be reduced by the amount of hours worked at the special event. Notwithstanding this provision, the hours worked at the special event will still count towards the number of hours worked for purposes of FLSA overtime.
For example, if an employee works a special event for 9 hours on Saturday and then calls in and uses unplanned compensatory time to cover their 9-hour shift the following Monday in the same work week, the absence will be covered by the 9 hours worked at the special event and the employee will not be required to use any compensatory time. The employee would not receive any special event overtime compensation for hours worked at the special event under this example. 14 Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked subject to management approval. Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by 1.5.
Scheduling of compensatory time requires prior management approval and must be preceded by a seven (7) day notice of intended use from the employee. Management may waive the seven (7) day notice in cases of emergency. The seven (7) 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 funeral is known.
Compensatory time off may be taken only in 15 minute increments.
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.
Section 4: Call Back Pay
Call back occurs when an employee is requested to report to duty on a non-scheduled 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. An employee called back on a recognized City holiday shall be paid at double time the regular 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. 15 ARTICLE SIX: UNIFORMS & SAFETY FOOT WEAR
If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform.
The City does not provide for an allowance. Instead, the City pays for employee-selected safety footwear directly from a selected vendor of up to $350. Any cost beyond the $350 shall be the responsibility of the employee.
Employees receiving footwear under this provision are required to wear the prescribed boots/shoes at all times while in the field or as required. Boots/shoes must be kept in a well-maintained condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. The City will report that portion of the uniform allowance for classic members that meets the definition contained in California Code of Regulations section 571. 16 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article.
The City and the Union will discuss adopting Teamsters Miscellaneous Trust plan during the term of this Agreement.
Section 2: Discussion of Health and Welfare
City shall provide medical, dental, and vision insurance as provided in the City’s Employee Benefits Policy contained in the City’s Personnel Manual. In addition, effective January 2023, employees who qualify and choose to opt out of health insurance, shall receive compensation from the City of $750 per month.
Section 3: Life Insurance
The City provides life insurance in the amount of an employee’s annual salary up to a maximum of $200,000 in coverage to employees. The City shall pay 100% of the cost of such plan for employees.
The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee.
Section 4: Deferred Compensation
Employees are eligible to participate in the deferred compensation plan offered by the City. This option is available at the employee’s cost.
Section 5: Other City Employee Programs
City shall provide the following additional benefits as provided in the City’ Personnel Manual:
• Short and Long Term Disability
• EAP
• Credit Union membership
• Access to City-owned gyms
• Discounted recreation programs
Section 6: Tuition Reimbursement
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 17 of the term in which enrolled. 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. The reimbursement request must include a memo from the Department Director, or their designee, a copy of the employee’s transcripts demonstrating a passing grade, and a copy of the receipt showing the fees paid.
A maximum of $10,000 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.
18 ARTICLE EIGHT: RETIREMENT
Section 1: Public Employee Retirement System (“PERS”)
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). The City provides 2.5% at 55 benefit formula per “Classic” CalPERS members covered under pre—2013 rules. The City provides the 2% @ 62 benefit formula for “new” employees as defined under PEPRA. All PEPRA employees shall contribute the normal cost of employee PERS cost as determined by CalPERS. “Classic” employees shall contribute to their EMPC as provided in Article Four, Section 2.
Section 2: Retiree Medical
Employees who retire from the City after December 3, 2010 are entitled to 85% of the cost of their CalPERS medical premiums throughout retirement, inclusive of dependents. 19 ARTICLE NINE: 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 – Farmworker Day
5. The last Monday in May – Memorial Day
6. June 19th - Juneteenth
7. July 4th – Independence Day
8. The first Monday in September – Labor Day
9. November 11th – Veterans’ Day
10. The 4th Thursday in November – Thanksgiving Day
11. The day after Thanksgiving
12. December 24th – Christmas Eve
13. December 25th – Christmas Day
14. 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 Saturday, the preceding Friday shall be treated as the holiday. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday.
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 double time time 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. 20 ARTICLE TEN: VACATION
Section 1: Vacation Leave
Except as expressly provided below, the use of and accrual of Vacation Leave are governed by City’s Vacation Policy contained in the City’s Personnel Manual.
Employees shall accrue vacation at the following rates:
• Less than five (5) years of continuous service: Each employee working in continuous service of less than five (5) years shall earn 96 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 136 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 176 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked.
• Fifteen (15) or more years of continuous service: Upon completion of the fifteen year of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 192 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked.
21 ARTICLE ELEVEN: SICK LEAVE
Section 1: Sick Leave
Except as expressly provided below, use and accrual of Sick Leave are governed by City’s Sick Leave Policy contained in the City’s Personnel Manual.
Sick Leave Payout
For employees with less than 15 years of completed service: 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.
For employees with more than 15 years of completed service: Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of seventy-five percent (75%) 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 hercurrent pay rate.
22 ARTICLE TWELVE: LEAVE BENEFITS
Section 1: Jury Duty
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), as immediately as possible following notification from the court each day that they are selected to report for Jury Duty. 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 benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death of any “immediate family member.” “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- 23 law, or sister-in-law of the employee, regardless of residence including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of five (5) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary.
The bereavement leave begins on the first regularly scheduled workday as requested by the employee. Bereavement leave must be authorized by the employee's Department Director and must be utilized within 15 days of employee learning of the death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death and shall not be unreasonably denied.
Upon written verification that funeral services or other related obligations necessitate travel outside of California, the employee shall be entitled to use up to two (2) additional days of accrued leave (vacation, compensatory time, or sick leave; said leave to be recorded as vacation, etc.). 24 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions
The seven (7) day work period shall begin on Saturday at 12:00 a.m. and end on Friday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the affected employees a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the Department Director.
Section 2: Work Schedule
Work shifts, days, and hours can be modified by the City within the limits prescribed by law, based on operating conditions and requirements. Employees may not change their own regular schedule without approval. Employees may request a change in work schedule through their manager. The manager will obtain approval from the City Manager, or 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.
The City may consider approval of an alternate work week schedule or flexible time for specific positions based on service levels and operational needs. Alternate and flexible work schedules must be approved by the City Manager.
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.
25 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of a particular provision of this MOU, or City Personnel Rules. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level.
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation, misapplication, or violation of a particular provision of this MOU, 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 or do so through their Union representative.
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 MOU, 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), Union representative and the designated management representative.
26 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 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 or their union representative 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) or the Union 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 Union and/or 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 Union and employee(s) within eight (8) days.
Step Two – Department Director
If the Union or 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 Union and/or 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 Union and 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 Union and employee(s), with copies to the Human Resource Director and the City Administrator.
Step Three - City Manager/Advisory Arbitration
If the Union or 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 Union may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Manager or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’s written notice. If the Union and/or employee(s) elects to have the matter heard by the City Manager or designee, the 27 Union and/or 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 Union and employee(s). The decision of the City Manager shall be final and binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union 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 Union 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 Union’s request. The Union 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 Union and 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.
28 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
The disciplinary procedure shall be governed by the City’s Progressive Disciplinary Process and Appeals Procedure Policies contained in the City’s Personnel Manual.
ARTICLE SIXTEEN: CITY SUMMER DAY CAMP
The City shall waive the registration fee for the City’s Summer Day Camp program, if offered, for the children of City employees. The waiver under this Article is limited to the first 15 children of City employees that register for the Summer Day Camp program on a first-come, first-served basis. Any additional children over the 15-child maximum shall be subject to the regular registration fee. 29 SIGNATURE PAGE
CITY OF PARAMOUNT
__________________________________
John Moreno, City Manager
__________________________________
Grissel Chavez, Assistant City Manager
TEAMSTERS LOCAL 986
__________________________________
Michael Grijalva
Chief Negotiator
__________________________________
Ignacio Villaseñor
Chief Steward
__________________________________
Kayla Kurrle
Steward
APPROVE AS TO FORM
__________________________________
Nick Ghirelli, City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON JUNE 23, 2026.
ATTEST:
__________________________________
Heidi Luce, City Clerk
30 APPENDIX A: CLASSIFICATIONS REPRESENTED
The following classifications are included in the Public Safety bargaining unit that is subject to this Memorandum of Understanding:
• Community Service Officer
• Code Enforcement Officer
• Parking Control Officer
57275836.1/006266.00014
SIDE LETTER OF AGREEMENT
CITY OF PARAMOUNT
and
TEAMSTERS LOCAL 986 - PUBLIC SAFETY UNIT
This Side Letter of Agreement (“Agreement”) is entered by and between the City of Paramount (“City”) and the Teamsters Local 986 - Public Safety Unit (“Union”) with respect to the following:
WHEREAS, the bargaining unit represented by the Union includes the Community Service Officer (“CSO”) classification;
WHEREAS, the job description for the CSO classification includes entering evidence into the Property, Evidence, and Laboratory Management System (PRELIMS) that requires certification; WHEREAS, not all the current CSOs employed by the City possess the necessary certification for entering evidence into the PRELIMS system;
WHEREAS, the City and Union have agreed that existing CSOs shall receive certification pay for maintaining PRELIMS Certification until all CSOs employed by the City obtain PRELIMS Certification, after which the certification pay shall cease; and, NOW THEREFORE, the City and Union agree to the following:
1. Effective the first month after complete execution of this Side Letter, employees in the classification of CSO who possess PRELIMS Certification shall receive certification pay in the amount of one hundred dollars ($100.00) per month.
2. Certification pay shall be paid in equal installments over twenty-six (26) pay periods annually and shall be included in the employee’s regular biweekly paycheck.
3. Certification pay provided pursuant to this Side Letter shall only be provided until all CSOs employed by the City possess PRELIMS Certification, after which the City’s obligation to provide certification pay under this Side Letter shall automatically cease.
4. This Side Letter shall remain in effect until all CSOs employed by the City possess PRELIMS Certification or the Parties meet and confer to otherwise modify the certification pay provided under this Side Letter.
2 57275836.1/006266.00014
SO AGREED.
DATE ________________________
CITY OF PARAMOUNT TEAMSTERS LOCAL 986
_________________________ ____________________________
John Moreno, City Manager Michael Grijalva
Chief Negotiator
_________________________________ _______________________ Grissel Chavez, Assistant City Manager Ignacio Villaseñor Chief Steward
_______________________
Kayla Kurrle
Steward
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 23, 2026
SUBJECT: AGREEMENT BETWEEN THE LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS
AUTHORITY AND THE CITY OF PARAMOUNT FOR COST SHARING
DUES ASSOCIATED WITH MONITORING COSTS PURSUANT TO THE
HARBOR TOXIC POLLUTANTS TMDL
BACKGROUND
On March 23, 2012, the California Regional Water Quality Control Board adopted a Total Maximum Daily Load (TMDL) for the Dominguez Channel, and Los Angeles and Long Beach Harbor waters for metals and toxic pollutants. The TMDL metrics calculate the maximum volume of pollutants that lakes, rivers, or streams can receive while still safely meeting state and federal water quality standards. The TMDL process is important for improving water quality, as it serves as a link in the chain between water quality standards and implementation of control actions designed to attain those standards.
As a community that is geographically located within the Lower Los Angeles River Watershed (LLAR) and the Lower San Gabriel River Watershed (LSGR), Paramount, like other cities that are tributary to these rivers, is identified as a responsible party for TMDLs applicable to these watersheds. As prescribed by the conditions of the TMDL, the development and subsequent implementation of a monitoring plan is required. As such, the plan was successively completed, however ongoing maintenance and monitoring are required provisions of the TMDL requirements.
As with many TMDL requirements, the cities and agencies tributary to the Los Angeles and Long Beach Harbors (Greater Harbor) have worked together with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (JPA), also known as the Gateway Water Management Authority (GWMA), to develop the original agreement. This initial agreement, which includes Paramount as a participating agency, was finalized in April 2014 and allowed the agencies to share the cost of the implementation plan, maintenance and monitoring. Agreements pertaining to this JPA have historically maintained a term of three (3) years and have been reviewed and updated upon each iteration to reflect current conditions and costs. The latest agreement is set to expire on June 30, 2026.
Agenda Report June 23, 2026
GWMA COST SHARE Page 2
1 2
4 The cities and agencies that are currently participating in the TMDL include 62 cities throughout the greater Los Angeles area, as well as County Flood Control District, and LA County unincorporated areas. Additionally, there are several privately owned industrial sites with individual National Pollution Discharge Elimination System (NPDES) permits that are subject to the same monitoring requirements.
DISCUSSION
Given that the existing agreement is set to expire on June 30, 2026, the City is required to pursue its renewal in order to maintain its participation within the JPA. As such, the approval of this agreement will carry the term through June 30, 2031.
As described in the attached Cost Share Formula (Exhibit A), Paramount’s annual estimated costs are represented in the following table:
FISCAL YEAR COST
2026-27 $591.52
2027-28 $615.19
2028-29 $639.79
2029-30 $665.39
2030-31 $692.00
Total $3,203.89
As with previous agreements, these costs are subject to change based on the final count of Municipal Separate Storm Sewer System (MS4) Permittees and private NPDES permit holders that will ultimately participate. In addition, Paramount will also pay its proportional share of administrative costs, an amount in addition to the cost listed above.
FISCAL IMPACT
Funding for this agreement was included in the adopted FY 2026-27 Sustainability Maintenance and Operations 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 5: Attractive and WellMaintained Infrastructure - Develop and maintain 4: Environmental Health.
RECOMMENDED ACTION
Approve the agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, for cost sharing dues associated with monitoring costs pursuant to the Harbor Toxic Pollutants TMDL and authorize the Mayor or her designee to execute the agreement.
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AGREEMENT
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE
CITY OF PARAMOUNT
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT
AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL This Agreement is made and entered into as of April 9, 2026 by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and the City of Paramount, (the “Permittee”). The Permittee and the GWMA are collectively referred to as the “Parties.”
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term “MS4 Permittees” shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (“MS4 Permit”) issued by the Los Angeles Regional Water Quality Control Board (“Regional Board”); WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”); WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including its estuary or Coyote Creek or the San Gabriel River;
WHEREAS, various MS4 Permittees desire to achieve the objectives of the Harbor Toxic Pollutants TMDL by continuing to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively “Monitoring Stations”) to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, continuing maintenance of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide;
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WHEREAS, the Lower Los Angeles River Watershed Management Group and the Lower San Gabriel River Watershed Management Group have been formed pursuant to the MS4 Permit and oversee and manage the monitoring program for the Harbor Toxic Pollutants TMDL within their respective watersheds;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District of Southern California, Central Basin Municipal Water District, and the Long Beach Water Department (“GWMA Members”); WHEREAS, because of the financial savings and benefits resulting from this costsharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the maintenance of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively “Monitoring Costs”);
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in the GWMA) for the sole purpose of cost sharing the Monitoring Costs; WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay an administrative fee that is less than that the administrative fee charged to MS4 Permittees that are not GWMA Members; WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations; WHEREAS, the current agreements that cover the cost share arrangements for the Monitoring Costs through fiscal year 2025-2026 will expire on June 30, 2026.
WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs for fiscal years 2026-2027 through 2030-2031;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee’s annual cost share amount will be adjusted and the GWMA will notify each participating Permittee of its adjusted annual cost share amount in writing; WHEREAS, the Permittee desires to share in the Monitoring Costs; 03/16/26
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WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties; WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit “A”; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to maintain Monitoring Stations and conduct monitoring at the Monitoring Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.
Section 2. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 3. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 4. Binding Effect. This Agreement shall become binding on GWMA and the Permittee.
Section 5. Term. This Agreement shall commence on July 1, 2026 and shall expire on June 30, 2031, unless terminated earlier pursuant to this Agreement.
Section 6. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs.
(b) The GWMA shall administer the consultants’ contracts for the Monitoring Costs. Provided the Permittee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations and any associated reports.
(c) The GWMA is authorized to, and may negotiate and enter into agreements with, and collect funds from general and individual NPDES permit holders, that are not MS4 Permittees, for cost-sharing the Monitoring Costs in order to reduce the total costs incurred by the MS4 Permittees.
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Section 7. Financial Terms.
(a) Annual Payment Amount. The Permittee shall pay no more than the following amounts for each of the five fiscal years (June 30-July 1) listed below (“Annual Payment Amount”):
Fiscal Year 2026-2027:
Five Hundred Ninety-One Dollars and Fifty-Two Cents ($ 591.52) Fiscal Year 2027-2028:
Six Hundred Fifteen Dollars and Nineteen Cents ($ 615.19) Fiscal Year 2028-2029:
Six Hundred Thirty-Nine Dollars and Seventy-Nine Cents ($ 639.79) Fiscal Year 2029-2030:
Six Hundred Sixty-Five Dollars and Thirty-Nine Cents ($ 665.39) Fiscal Year 2030-2031:
Six Hundred Ninety-Two Dollars and Zero Cents ($ 692.00) Each Annual Payment Amount includes the Permittee’s Cost Share Amount identified in Exhibit “A”, attached hereto and incorporated herein.
(b) Administrative Costs. In addition to the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA’s staff time for hiring the consultants, managing the consultants’ contracts, and invoicing the Permittee and legal fees incurred by the GWMA in the performance of its duties under this Agreement (“Direct Costs”), and audit expenses and other overhead costs (“Indirect Costs”), referred to collectively herein as the “Administrative Costs Payment Amount”. The Administrative Costs Payment Amount will be added to the Permittee’s annual invoice to cover the Permittee’s share of the administrative costs.
i. GWMA Members. If the Permittee is a GWMA Member, then the Administrative Costs Payment Amount does not include the GWMA’s Indirect Costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the Direct Costs portion of the Administrative Costs Payment Amount will range between zero percent (0%) and five percent (5%) of the of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA’s cost of performing its duties under this Agreement. Based on this review, the GWMA Board will establish the rate charged to recover its Direct Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect. 03/16/26
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ii. Non-GWMA Members. If the Permittee is not a GWMA
Member, then the Administrative Costs Payment Amount will include the GWMA’s Indirect Costs. The rate charged to Non-GWMA Members in order to recover Direct Costs will range between five percent (5%) and ten percent (10%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” The rate charged to Non-GWMA Members in order to recover Indirect Costs will range between two percent (2%) and five percent (5%) of the Permittee’s Cost Share Amount identified in Exhibit “A.” On an annual basis the GWMA will evaluate the percentage rates for both Direct and Indirect Costs charged to NonGWMA Members to ensure they adequately recover the GWMA’s cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover its Direct and Indirect Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days’ written notice prior to July 1st of the fiscal year in which a new rate will take effect.
(c) Adjustment of Cost Share Based on Number of Participants. The Annual Payment Amount and the Administrative Costs Payment Amount identified in this Section 7 (“Financial Terms”) represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs. (d) Reserve Credits. If the actual cost share amount plus administrative costs collected by GWMA from all participating permittees in the Harbor Toxic Pollutants TMDL program are less than the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by all permittees in a particular year, then the GWMA will notify the Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups. The Chairs will direct GWMA on how to apply the excess balance, which may include carrying the balance over to cover permittee costs in one or more subsequent years. GWMA reserves the right to transfer funds from the excess balance to maintain a minimum balance of $10,000 in its account dedicated to the Harbor Toxic Pollutants TMDL program at all times, per GWMA’s Administrative Budget Policy.
Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to nonGWMA Members for Indirect Costs will be retained by GWMA and is not subject to a credit.
(e) Funds remaining in the possession of the GWMA at the expiration or earlier termination of this MOU shall be promptly returned to the Permittee in proportion to the Cost Share Amount identified in Exhibit “A” or rolled over into the subsequent MOU for the Harbor Toxic Pollutants TMDL if requested by the Permittee. (f) The Permittee’s Annual Payment Amount and Administrative Costs Payment Amount for the 2026-2027 fiscal year are due upon execution of this Agreement, but in no event later than September 30, 2026. For each subsequent fiscal year, commencing with the 2027-2028 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and Administrative Costs Payment Amount. Upon receiving an invoice from GWMA, each Permittee shall pay the Annual 03/16/26
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Payment Amount and Administrative Costs Payment Amount set forth in the invoice to the GWMA within forty-five (45) days of receipt.
(g) The Permittee shall be delinquent if its invoiced payment is not received by the GWMA within forty-five (45) days after the invoice’s date. If the Permittee is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 11 of this Agreement. If payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations. (h) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.
Section 8. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA’s officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers’ compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 9. Indemnification and Warranty.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions committed by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee’s performance under this Agreement, except for such loss as may be caused by GWMA’s negligence or that of its officers, employees, or other representatives and agents, excluding the consultant. (b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities. 03/16/26
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GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA’s consultants.
Section 10. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 15th immediately prior to a new fiscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of such new fiscal year (by way of example only, if the Permittee terminates on March 1st, 2027, the Permittee is responsible for the Annual Payment Amounts for both fiscal years 2026-2027 and 2027-2028. If the Permittee terminates on February 10, 2027, the Permittee is responsible for its Annual Payment Amount only for Fiscal year 2026-2027, not for fiscal year 2027-2028). If the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permittee.
Section 11. Miscellaneous.
(a) Other NPDES Permit Holders. Individual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder’s participation in the cost share arrangement. If accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually at least twenty-five thousand dollars ($25,000) (“Private Monitoring Fee”) for the Monitoring Costs, with an annual cost of living adjustment based on the CPI-All Urban Consumers for the Los Angeles Area as published by the U.S. Department of Labor, Bureau of Labor Statistics (or any successor thereto). The calculation shall be made using the immediate prior 12-month index ending in January. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holder’s participant status.
An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permittee’s Annual Payment Amount in proportion to the Permittee’s Cost Share Amount identified in Exhibit “A.” 03/16/26
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(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
To GWMA:
Ms. Grace Kast
Executive Officer
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:
City of Paramount
16400 Colorado Blvd
Paramount, CA 90723
Attn: Michelle Tse
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties. (d) Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement. (e) Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 03/16/26
12664/0001/3227079-1
(i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement. (j) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.
12664/0001/3227079-1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE: _______________ LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
________________________________
GWMA Chair
DATE: _______________ PERMITTEE
CITY OF PARAMOUNT
Signature
Print Name
Print Title
12664/0001/3227079-1
EXHIBIT “A”
COST SHARE MATRIX
ATTACHED
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 23, 2026
SUBJECT: AMENDMENT NO. 1 TO THE AGREEMENT WITH UNITED SITE
SERVICES FOR PORTABLE RESTROOM TRAILER PUMP-OUT
SERVICES
BACKGROUND
In 1998, the City obtained a license agreement from Southern California Edison (SCE) to construct a park for residents to enjoy; the area is now known as Salud Park. One of the stipulations imposed by SCE was that the City could not construct permanent structures/facilities in the area. Subsequently, in April 2023, the City Council authorized the purchase of a portable restroom trailer to be installed at Salud Park. The portable restroom trailer was installed as an additional amenity for park patrons.
Following the restroom trailer installation, staff observed significant public use of the facility. Salud Park offers outdoor exercise equipment, a walk and running track, and open recreational space. As park usage increased, the restroom trailer required increased service frequency to ensure that the facility remains clean, operational, and available to the public. To address this need, the City executed a service agreement with United Site Services of California, Inc. (United Site Services) in June 2024 to provide daily pump-out and restroom trailer maintenance services.
Recently, the City’s Cortland Community Garden has become a popular community resource for residents participating in the community gardening program. As it exists, the garden does not offer restrooms for community members utilizing the garden plots. To better serve the garden users and maintain accessibility within the garden, the City placed an ADA-compliant portable restroom at the site. As usage of the garden and restroom facility increased, staff determined that regular pump-out, cleaning, and maintenance services were necessary to ensure the restroom remains sanitary, accessible, and operational for the public.
DISCUSSION
To best address the portable restroom maintenance needs, staff requested a proposal for the rental, servicing, and maintenance of the ADA-compliant portable restroom at Cortland Community Garden. Expanding the existing agreement to cover the services for Agenda Report June 23, 2026
AMENDMENT NO. 1 PUMP-OUT SERVICES Page 2
both Salud Park and Cortland Community Garden ensures an established service level for both sites and allow the City to efficiently manage restroom services under a single contract.
As proposed, Amendment No. 1 will increase the contract amount to accommodate the placement of an ADA portable restroom and its weekly pump-out services. In addition to consolidating services, staff recommends exercising the City’s option to extend the agreement for an additional one-year term through June 25, 2027. The extension will ensure continuity of restroom services at both Salud Park and the Cortland Community Garden without interruption.
Funding was included in Fiscal Year (FY) 2025-26 budget to cover maintenance services for the remainder of this fiscal year. The estimated annual cost of services for Salud Park and the Cortland Community Garden, for Fiscal Year 2026-27, is approximately $85,000.
Staff recommends including a 10% contingency of $8,500 to address unforeseen service needs during the contract term. As outlined in the table below, Amendment No. 1 will include $85,000 for services and $8,500 as a 10% contingency, for a total not to exceed amount of $93,500 for services rendered during this upcoming year. The amendment will also extend the agreement term through June 25, 2027.
Cost Breakdown:
Contracted Services $ 85,000
10% Contingency $ 8,500
Services Not to Exceed Total $ 93,500
FISCAL IMPACT
Funding for this service was included in the FY 2026-27 Facilities Maintenance Budget utilizing General Funds. Therefore, no additional budget appropriation is needed. The following table represents the funding included in the FY 2026-27 operating budget:
Fund Division Account Description Amount
111 – General
Fund
5121 –
Facilities
5265 – Facility
Maintenance Services
Pump-out
Services
$93,500
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.
Agenda Report June 23, 2026
AMENDMENT NO. 1 PUMP-OUT SERVICES Page 3
RECOMMENDED ACTION
Approve Amendment No. 1 to the agreement with United Site Services of California, Inc. in the amount of $93,500 and authorize the Mayor or her designee to execute the amendment.
-1-
FIRST AMENDMENT TO THE SERVICE AGREEMENT WITH UNITED SITE SERVICES OF
CALIFORNIA FOR PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR PORTABLE RESTROOM TRAILER PUMP-OUT SERVICES (“AMENDMENT”) is made and entered into this 23rd day of June 2026 between the City of Paramount, a municipal corporation in Los Angeles County, California, (hereinafter "CITY") and United Site Services of California, Inc., a corporation, with its primary office located at 2487 W. Navigator Drive, Suite 300, Meridian, ID 83642 (hereinafter "CONTRACTOR") (collectively, "the Parties"), and amends that certain agreement between CONTRACTOR and CITY approved by the City Council on June 25, 2024 (“AGREEMENT”).
RECITALS
WHEREAS, CITY and CONTRACTOR entered into an Agreement on June 25, 2024, whereby CONTRACTOR would provide portable restroom trailer pump-out services for CITY; and
WHEREAS, CITY and CONTRACTOR each desire to extend the term of said Agreement and scope of services;
NOW, THEREFORE, BE IT AMENDED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Section 5. TERM OF AGREEMENT. Is hereby amended so that the term of this AGREEMENT shall expire on June 25, 2027.
2. Section 2. COMPENSATION. Is hereby amended so that the City agrees to pay the CONTRACTOR an additional $705.48 per week for additional services performed as outlined in Exhibit “B”. Services and compensation as outlined in Exhibit “A” shall remain the same. Invoices for payment shall be submitted on a monthly basis and shall be approved by the Director of Public Works or her designee. City agrees to reimburse the CONTRACTOR for approved expenses in an amount not to exceed $93,500 for period June 24, 2026 through June 25, 2027 for services rendered as outlined in Amendment No 1.
All change orders, additions, deletions, or adjustments to the CONTRACTOR’s specifications must be submitted in writing to the CITY for approval. The CITY is the sole authority regarding change orders and the CONTRACTOR shall not change, alter, or delete, in any manner, any portion of these specifications of the CITY.
3. All other terms and conditions of the Agreement shall remain the same.
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.
-2-
CITY OF PARAMOUNT UNITED SITE SERVICES OF CALIFORNIA,
INC.
By: By:
Brenda Olmos, Mayor
ATTEST:
By:
Heidi Luce, City Clerk
APPROVED AS TO FORM:
By:
Nicholas R. Ghirelli, Attorney
United Site Services of California, Inc.
4511 North Rowland Avenue
El Monte, CA 91731
Salesperson Contact
Sell To: CITY OF PARAMOUNT PUBLIC WORKS
Celina Sanchez
15300 DOWNEY AVE
PARAMOUNT, CA 90723
Ship To: CITY OF PARAMOUNT PUBLIC WORKS
Cortland
7200 Cortland Avenue
PARAMOUNT, CA 90723
Site Service Quotation
Quote No.: 414-2667544 Quote Date: 05/20/26 Quote Expires: 06/19/26 Office:
Mobile: +1 626-819-0312
Annette Limon-Steger
Fax:
[email protected]
USS-1734356
562-220-2158
Celina Sanchez
562-220-2158
Cust. #: Attn:
Terms: Due Upon Receipt
Phone: Phone:
Item Unit Quantity From Thru Unit Price Total Price
ADA Wheelchair Accessible EA 1 07/01/26 Indef 85.00 85.00 per billing cycle Additional Weekly Service EA 1 07/01/26 Indef 120.00 120.00 per billing cycle Additional Weekly Service EA 1 07/01/26 Indef 120.00 120.00 per billing cycle Delivery, Setup, Removal EA 1 07/01/26 07/01/26 20.00 20.00 one time 2 Station Sink EA 1 07/01/26 Indef 70.00 70.00 per billing cycle Additional Weekly Service EA 1 07/01/26 Indef 125.00 125.00 per billing cycle Additional Weekly Service EA 1 07/01/26 Indef 125.00 125.00 per billing cycle Delivery, Setup, Removal EA 1 07/01/26 07/01/26 20.00 20.00 one time Tax: 20.48
Total: 705.48
Subtotal: 685.00
Accepted: _________________________________________ Date: _______________ NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the terms and conditions on the last page of this document for more information.
Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475 Exhibit "B"
To: Honorable City Council
From: John Moreno, City Manager
By: Adriana Figueroa, Public Works Director
Date: June 23, 2026
SUBJECT: TRAFFIC SAFETY IMPROVEMENTS (CITY PROJECT NO. 9432)
BACKGROUND
The City was awarded funding from the California Department of Transportation (Caltrans) through the Highway Safety Improvement Program (HSIP) for traffic safety improvements at 15 intersections throughout the City. The project was designed to enhance pedestrian and vehicular safety through the installation of Rectangular Rapid Flashing Beacons (RRFBs), high-visibility signage and striping, and Americans with Disabilities Act (ADA) accessible curb ramps at selected crosswalk locations.
Additionally, improvements consisted of new Light-Emitting Diode (LED) vehicle signal heads, LED countdown pedestrian signal heads, accessible pedestrian push-button signals, internally illuminated street name signs, and modifications to signal timing and programming to incorporate leading pedestrian intervals.
The project locations are as follows:
• Garfield Avenue and Jackson Street
• Garfield Avenue and Alondra Boulevard
• Garfield Avenue and Mendy Street
• Garfield Avenue and Jefferson Street
• Rosecrans Avenue and Orange Avenue
• Rosecrans Avenue and Garfield Avenue
• Rosecrans Avenue and Bianchi Way
• Rosecrans Avenue and Anderson Street
• Rosecrans Avenue and Downey Avenue
• Somerset Boulevard and Downey Avenue
• Somerset Boulevard and Orizaba Avenue
• Somerset Boulevard and Garfield Avenue
• Somerset Boulevard and Texaco Avenue
• Somerset Boulevard and El Camino Avenue
• Somerset Boulevard and San Jose Avenue
Agenda Report June 23, 2026
ACCEPTANCE OF WORK – TRAFFIC SAFETY IMPROVEMENTS (CIP 9432) Page 2 The project has been completed in accordance with the approved plans and specifications. City staff inspected the completed improvements and determined that the work was performed in substantial conformance with the contract requirements. The completed improvements enhance pedestrian accessibility, increase traffic safety, and provide upgraded traffic signal infrastructure at key locations throughout the City.
DISCUSSION
On Tuesday, September 10, 2024, the Director of Public Works opened bids for the project, and the project was awarded to Elecnor Belco Electric, Inc., at the City Council meeting on October 8, 2024.
The work performed under this contract has been inspected under the supervision of the Public Works Director, in conformance with Section 6-8 of the Standard Specifications for Public Works Construction.
In addition to the traffic safety improvements, the contractor also completed the procurement and installation of the downtown banner poles, located on Paramount Boulevard and 70th Street. These banner poles, strategically placed at the southerly city entrance, will display city event banners across Paramount Boulevard and used during the Christmas holidays to welcome visitors as they enter the city.
The project was completed on May 19, 2026, and the Notice of Completion will be filed with the Los Angeles County Recorder’s office after approval by the City Council. The contract retention amount of $48,086 will be held for thirty-five (35) days from the date of recordation. The total construction cost, including any necessary change orders, is $961,720.07.
FISCAL IMPACT
No further appropriation is needed. Sufficient funds was budgeted to cover this project.
Funds were included in the Capital Improvement Program (CIP) budget as City Project No. 9432 for the traffic safety improvements. A total of $933,800 was budgeted, consisting of Caltrans HSIP and Prop C funds. Additionally, funds for the downtown banner pole installation was budgeted in City Project No. 9572 with Capital Project Funds.
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.
Agenda Report June 23, 2026
ACCEPTANCE OF WORK – TRAFFIC SAFETY IMPROVEMENTS (CIP 9432) Page 3
RECOMMENDED ACTION
Accept the work performed by Elecnor Belco Electric, Inc., Chino, California, for the traffic safety improvements project (City Project No. 9432) and authorize the payment of the remaining retention.
To: Honorable City Council
From: John Moreno, City Manager
By: Grissel Chavez, Assistant City Manager
Nicole Lopez, Human Resources Manager
Date: June 23, 2026
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 2026-27 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 with fiscal impact are summarized below.
1. 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. The specific positions and their proposed level are included in the manual.
Agenda Report June 23, 2026
RESOLUTION NO. 26:025 Page 2
2. Management leave
Specific exempt positions currently receive Management Leave consisting of 40 hours of paid time off on an annual basis. The amended manual includes changes to the positions being added or removed from this benefit.
3. Overtime and Holiday Pay
Change to FLSA and contractual overtime - for purposes of overtime calculations, paid leave considered as actual hours worked will now include Vacation Leave and Sick Leave.
An employee called back on a recognized City holiday shall be paid at double time the regular rate of pay. If employee is required to work on a holiday, their pay will increase to double time for hours worked.
4. Compensatory Time
Accrual of compensatory time increased to maximum of eighty (80) normal working hours.
Scheduling of compensatory time requires prior management approval and must be preceded by a seven (7) day notice of intended use from the employee.
5. Vacation
Accrual of vacation time increased as follows:
• Less than five (5) years of continuous service: earn 96 hours of paid vacation per year.
• Five (5) or more years of continuous service: earn 136 hours of paid vacation per year.
• Ten (10) or more years of continuous service: earn 176 hours of paid vacation per year.
• Fifteen (15) or more years of continuous service: earn 192 hours of paid vacation per year.
6. Sick Leave Payout
Increase of sick leave payout as follows:
For employees with less than 15 years of completed service: 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.
For employees with more than 15 years of completed service: Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of seventy-five percent (75%) of the employee's current pay rate.
Agenda Report June 23, 2026
RESOLUTION NO. 26:025 Page 3
7. Bereavement Leave
Increase of paid leave from three work days to five work days.
8. Footwear Allowance
The City pays for part-time and full-time employee-selected safety footwear directly from a selected vendor of up to $350 (increased from $200). Any cost beyond the $350 shall be the responsibility of the employee.
9. City Summer Day Camp
The City shall waive the registration fee for the City’s Summer Day Camp program, for the children of City employees; limited to the first 15 children of City employees that register for the Summer Day Camp program on a first-come, first-served basis.
Other changes contained in the personnel manual without a fiscal impact include the following: addition of a Workers Compensation Policy consistent with JPIA recommendation; amendments to the holiday leave – renaming to Farmworkers Day and clarification; mental health and part-time paid leave- clarification. The manual also includes incorporation of policies as required by statute, such as: random drug and alcohol testing for commercial licensed drivers; vehicle accident reporting and the workplace violence prevention plan.
Discussion with Bargaining Unit and Non-represented Employees Staff obligatorily conferred with the City’s bargaining unit, Teamsters Local 986, pursuant to State law. The City Manager also provided updates on these recommendations to City employees. The Teamsters 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.
FISCAL IMPACT
The FY 2026-27 adopted budget includes the funding necessary to implement the new and/or modified benefits.
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.
Agenda Report June 23, 2026
RESOLUTION NO. 26:025 Page 4
RECOMMENDED ACTION
Adopt Resolution No. 26:025, amending the City’s Personnel Manual to incorporate the new benefits policies.
CITY OF PARAMOUNT
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION NO. 26:025
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, 2026.
1. 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. The specific positions and their proposed level are included in the manual.
2. Management leave
Specific exempt positions currently receive Management Leave consisting of 40 hours of paid time off on an annual basis. The amended manual includes changes to the positions being added or removed from this benefit.
RESOLUTION NO. 26:025
3. Overtime and Holiday Pay
Change to FLSA and contractual overtime - for purposes of overtime calculations, paid leave considered as actual hours worked will now include Vacation Leave and Sick Leave.
An employee called back on a recognized City holiday shall be paid at double time the regular rate of pay. If employee is required to work on a holiday, their pay will increase to double time for hours worked.
4. Compensatory Time
Accrual of compensatory time increased to maximum of eighty (80) normal working hours.
Scheduling of compensatory time requires prior management approval and must be preceded by a seven (7) day notice of intended use from the employee.
5. Vacation
Accrual of vacation time increased as follows:
• Less than five (5) years of continuous service: earn 96 hours of paid vacation per year.
• Five (5) or more years of continuous service: earn 136 hours of paid vacation per year.
• Ten (10) or more years of continuous service: earn 176 hours of paid vacation per year.
• Fifteen (15) or more years of continuous service: earn 192 hours of paid vacation per year.
6. Sick Leave Payout
Increase of sick leave payout as follows:
For employees with less than 15 years of completed service: 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.
For employees with more than 15 years of completed service: Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of seventy-five percent (75%) of the employee's current pay rate.
7. Bereavement Leave
Increase of paid leave from three work days to five work days.
RESOLUTION NO. 26:025
8. Footwear Allowance
The City pays for part-time and full-time employee-selected safety footwear directly from a selected vendor of up to $350 (increased from $200). Any cost beyond the $350 shall be the responsibility of the employee.
9. City Summer Day Camp
The City shall waive the registration fee for the City’s Summer Day Camp program, for the children of City employees; limited to the first 15 children of City employees that register for the Summer Day Camp program on a first-come, first-served basis.
10. Miscellaneous
Other changes contained in the personnel manual without a fiscal impact include the following: addition of a Workers Compensation Policy consistent with JPIA recommendation; amendments to holiday leave – renaming to Farmworkers Day and clarification; mental health and part-time paid leave clarification. The manual also includes incorporation of policies as required by statute, such as: random drug and alcohol testing for commercial licensed drivers; vehicle accident reporting and the workplace violence prevention plan.
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 23rd day of June 2026.
Brenda Olmos, Mayor
ATTEST:
Heidi Luce, City Clerk
RESOLUTION NO. 26:025
ATTACHMENT A
AMENDED PERSONNEL MANUAL
CITY OF PARAMOUNT
PERSONNEL MANUAL
Rev. June 2026
TABLE OF CONTENTS
Section 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 (REVISED) 2-9
Attendance 2-10
Recruitment and Selection 2-11
Employment of Relatives (Nepotism) 2-12
Personnel Records 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 (REVISED) 2-20
Sick Leave 2-21
Mental Health Day 2-22
Executive and Management Leave (REVISED) 2-23
Workers Compensation Policy (NEW) 2-24
Reasonable Accommodations 2-25
Leaves of Absence 2-26
Jury Duty 2-27
Catastrophic Leave 2-28
Travel & Other Expense Reimbursement 2-29
Tuition Reimbursement 2-30
Employee Benefits (REVISED) 2-31
Cessation of Benefits 2-32
Work from Home 2-33
Bilingual Skill Pay (REVISED) 2-34
Cellphone Stipend for Business Use 2-35
Recruitment Incentive Program 2-36
Anniversary Achievement Award 2-37
Use of Security Cameras 2-38
TABLE OF CONTENTS
Part-Time Employee Paid Time Off (PTO) 2-39
Section 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
Political Activity 3-11
SECTION IV: APPENDICES
Appendix 1: Classification Table (REVISED) 4-1
Appendix 2: Social Media Policy 4-2
Appendix 3: Random Drug and Alcohol Testing (DOT) for
Commercial Licensed Drivers
4-3
Appendix 4: Caught in the Act of Excellence Program 4-4 Appendix 5: Vehicle Accident Reporting Kit 4-5
Appendix 6: Workplace Violence Prevention Plan 4-6
SECTION 1-1 INTRODUCTION/RIGHT TO REVISE
POLICY
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 1-2 EQUAL EMPLOYMENT OPPORTUNITY
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 1-2 EQUAL EMPLOYMENT OPPORTUNITY
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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION 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, including on or off City property while conducting City business, and attendance at social events sponsored by the City and at conferences; further defineswhat 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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION • 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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION 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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION 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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION 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 1-3 PREVENTION OF HARASSMENT AND DISCRIMINATION • 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 2-1 EMPLOYMENT ELIGIBILITY REQUIREMENT
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 2-2 EMPLOYMENT CATEGORIES
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 2-2 EMPLOYMENT CATEGORIES
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 2-3 PROBATIONARY PERIOD
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 2-4 POSITION CLASSIFICATION ADMINISTRATION
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 2-5 PROMOTIONS, DEMOTIONS, TRANSFERS
POLICY
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 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 2-6 PERFORMANCE EVALUATIONS
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 2-6 PERFORMANCE EVALUATIONS
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 2-7 COMPENSATION
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 standards” 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 guaranteed. The City SECTION 2-7 COMPENSATION
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)
A Department Director, or authorized designee, may request that an employee skip a step in the salary range by submitting a memo with the justification for the request 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. A Department Director, or authorized designee, may request that a new employee start at a step higher than the first step by submitting a memo with the justification for the higher step placement to the City Manager.
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 Department Director, or authorized designee, 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 Medicare 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 SECTION 2-7 COMPENSATION
in a reasonable time frame.
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.
2-8 HOURS OF WORK
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 Fair Labor Standards Act (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 2-9 OVERTIME
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 regular rate in accordance with the Fair Labor Standards Act (FLSA) 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 subject to management approval. 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 Vacation Leave, Sick Leave, 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 Vacation Leave, Sick Leave, 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 subject to management approval. Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by 1.5.
A. Scheduling 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. 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 funeral is known.
B. Compensatory time off may be taken only in 15 minute increments.
SECTION 2-9 OVERTIME
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. An employee called back on a recognized City holiday shall be paid at double time the regular 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.
2-10 ATTENDANCE
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. 2-11 RECRUITMENT AND SELECTION
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:
2-11 RECRUITMENT AND SELECTION
• 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. 2-12 EMPLOYMENT OF RELATIVES (NEPOTISM)
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 inthe 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 hasthe 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)
2-13 PERSONNEL RECORDS
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 consideredfor 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.
2-14 PROGRESSIVE DISCIPLINARY PROCESS
POLICY
This chapter applies to all regular full-time and part-time employees.
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. 2-14 PROGRESSIVE DISCIPLINARY PROCESS
(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.
2-14 PROGRESSIVE DISCIPLINARY PROCESS
(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 2-14 PROGRESSIVE DISCIPLINARY PROCESS
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. 2-15 GRIEVANCE PROCEDURE
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 PROCEDURE
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 2-15 GRIEVANCE PROCEDURE
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). 2-15 GRIEVANCE PROCEDURE
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.
2-16 APPEAL PROCESS
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.
2-17 RESIGNATION/SEPARATION
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. 2-18 HOLIDAYS
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 – Farmworker 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.
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 double time 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) 2-19 PERSONAL HOLIDAYS
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 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. 2-19 PERSONAL HOLIDAYS
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.
2-20 VACATION
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 96 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 136 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 176 hours of paid vacation per year.
Vacation shall be earned on a prorated basis for time worked. • Fifteen (15) or more years of continuous service: Upon completion of fifteen years of continuous service, each employee shall receive immediate credit of forty (40) hours of paid vacation and then shall earn 192 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.
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 2-20 VACATION
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.
VACATION BUYBACK PROGRAM
PURPOSE
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) 2-21 SICK LEAVE
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.
• For employees with more than 15 years of completed service: Accumulated unused sick leave in excess of 480 hours maximum shall be paid annually to the employee in December at the rate of seventy-five percent (75%) 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 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.
c. A spouse
d. A registered domestic partner
e. A grandparent
f. A sibling, or
2-21 SICK LEAVE
g. 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 sickleave 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. • 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. 2-22 MENTAL HEALTH DAY
POLICY
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 must be used as an entire day off, not incrementally or partial days.
2-23 EXECUTIVE AND MANAGEMENT LEAVE
POLICY
Executive 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 60 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 sixty (60) hours are available to a member of the Executive Staff as soon as he/she is appointed toan Executive Staff position as defined above. Upon separation from the City, Executive Staff members will not be paid out executive leave.
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 payperiod 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 Accountant
• Senior Services Program Supervisor
• Community Services Supervisor
• Code Enforcement Officer Supervisor
• Associate Planner
• Management Analyst
• Accountant
• Deputy City Clerk
2-24 WORKERS COMPENSATION POLICY
POLICY
The City participates in a workers’ compensation self-insurance program and provides benefits to employees who experience an injury or illness connected with their employment.
To be eligible for workers’ compensation benefits, the injury or illness must be a direct result of the job and arise out of and in the course of employment.
Workers’ compensation benefits are governed by state law and may include medical treatment, temporary disability benefits, and other applicable benefits. Claims administration and payments are handled through the City’s third-party administrator.
Reporting Requirements
It is essential that all work-related accidents, injuries, and illnesses are reported immediately, regardless of how minor they may appear.
Employees are responsible for:
• Reporting any work-related injury or illness to their supervisor or the Senior Management Analyst within 24 hours of the occurrence.
• Participating in the reporting process, including completion of required forms. • Keeping all scheduled medical appointments and following the physician’s prescribed treatment plan.
• Notifying their supervisor regarding work status within 24 hours of any medical appointment if unable to work or if work restrictions are assigned or changed.
Supervisors are responsible for ensuring that all required documentation is completed and submitted to Human Resources within one (1) business day of the reported injury.
Claim Process
When a workplace injury is reported, the following process will be initiated:
• The incident must be reported to the City’s designated nurse triage service (Company Nurse) immediately to assess the injury and provide medical guidance. If the incident is an emergency (i.e. the employee is taken to the hospital), reporting to Company Nurse is not necessary.
• Human Resources must be notified of the injury as soon as possible. • The employee will be provided with a DWC-1 Claim Form within one (1) business day of reporting the injury.
• The employee will also receive the required “Facts About Workers’ Compensation” pamphlet.
• Both the employee and supervisor must complete required injury report forms and submit them to Human Resources.
• Any supporting documentation (e.g., medical notes, witness statements) must be provided to Human Resources as soon as available.
2-24 WORKERS COMPENSATION POLICY
If an employee declines medical treatment, they are required to complete a refusal of medical treatment form.
Medical Treatment & Appointments
Employees who sustain a work-related injury or illness will be referred to an approved workers’ compensation medical provider. Employees may seek treatment at one of the City’s designated clinics or other authorized providers.
Employees should make every effort to schedule workers’ compensation-related medical appointments outside of their regular work hours, such as before or after their shift, during lunch periods, or at the beginning or end of their workday. When this is not feasible, the City will compensate employees for up to four (4) hours of work time per appointment, including reasonable travel time, for approved workers’ compensation-related medical visits.
Temporary Disability Benefits
Temporary disability benefits may be provided if an employee is unable to work due to a work-related injury or illness. In accordance with state law, there is a three (3) day waiting period before temporary disability payments begin, unless the disability extends beyond the statutory threshold or results in overnight hospitalization.
During the waiting period, employees are required to use their own accrued leave balances (e.g., sick leave, vacation, or other applicable leave) to remain in a paid status.
If the claim is subsequently approved and the employee is designated as Temporarily Totally Disabled (TTD), the City will restore (credit back) the accrued leave used during the waiting period in accordance with applicable laws and City procedures.
Return-to-Work Program
The City supports a return-to-work program and will work with employees and medical providers to facilitate a safe and timely return to work. • Employees must provide medical documentation supporting any work restrictions. • The City may offer modified or transitional (“light duty” or “bridge”) assignments when appropriate.
• Supervisors must coordinate with Human Resources before allowing an employee to return to work following a work-related injury.
• A medical release is required before returning to work. If restrictions are provided, Human Resources will determine whether accommodations can be made. • If an employee refuses to participate in a modified duty assignment, they will not be eligible for temporary disability benefits and will be required to utilize accrued leave. 2-24 WORKERS COMPENSATION POLICY
Additional Information
Human Resources coordinates all workers’ compensation claims, including communication with medical providers, third-party administrators, and return-to-work services.
Failure to follow reporting procedures or medical directives may delay or impact workers’ compensation benefits.
For questions regarding workers’ compensation, employees should contact the Human Resources Department.
2-25 REASONABLE ACCOMMODATIONS
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.
2-26 LEAVES OF ABSENCE
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. 2-26 LEAVES OF ABSENCE
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
2-26 LEAVES OF ABSENCE
• 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. 2-27 JURY DUTY
Policy
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 benefits
2-28 CATASTROPHIC LEAVE
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.
2-29 TRAVEL AND OTHER EXPENSE REIMBURSEMENTS
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 employees with prior approval by the City Manager or his or herdesignee, 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.
2-29 TRAVEL AND OTHER EXPENSE REIMBURSEMENTS
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.
2-29 TRAVEL AND OTHER EXPENSE REIMBURSEMENTS
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 2-30 TUITION REIMBURSEMENT
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. The reimbursement request must include a memo from the Department Director, or their designee, a copy of the employee’s transcripts demonstrating a passing grade, and a copy of the receipt showing the fees paid.
A maximum of $10,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible full-time citywide employees will be reimbursed ona “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.
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. The reimbursement request must include a memo from the Department Director, or their designee, a copy of the employee’s transcripts demonstrating a passing grade, and a copy of the receipt showing the fees paid.
A maximum of $10,000 will be allocated or budgeted for education reimbursement at the beginning of each fiscal year. Eligible part-time citywide employees will be reimbursed ona “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. 2-31 EMPLOYEE BENEFITS
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 $162 per month in calendar year 2026.
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 (paid to employee over 26 pay periods), provided that such employee certifies in writing that he or sheis 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)
Eligibility
For purposes of determining eligibility for health insurance coverage under the Affordable Care Act (ACA), the City uses a standard measurement period of November 1 through October 31 of each calendar year.
During this measurement period, the Company will track an employee’s hours of service to determine whether the employee meets the applicable ACA requirements for health insurance eligibility. Eligibility determinations will be made in accordance with ACA regulations and applicable federal law.
This measurement period applies to all employees subject to ACA measurement rules, unless otherwise required by law.
Medical opt-out payment
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, 2-31 EMPLOYEE BENEFITS
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 (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 per fiscal year, employees may request reimbursement of vision copays for one annual eye examination for the employee and each eligible dependent as a wellness incentive.
Reimbursement requests must be submitted to Human Resources with valid receipts.
Reimbursements are limited to services provided by in-network vision providers and will be reimbursed at the in-network copay amount.
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).
2-31 EMPLOYEE BENEFITS
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.
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 $162 per month in calendar year 2026.
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 55 benefit formula for “Classic” CalPERS members covered under pre-2013 rules.
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.
2-32 CESSATION OF BENEFITS
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. 2-33 WORK FROM HOME
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.
2-33 WORK FROM HOME
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. 2-34 BILINGUAL SKILL PAY
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 (paid to employee over 26 pay periods) 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 MaintenanceWorker
Financial Services Manager
Payroll Technician
Accounting Manager
Senior Accountant
Accountant
Human Resources Manager
2-34 BILINGUAL SKILL PAY
• 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 Safety Assistant
Administrative Aide
Communications Specialist
Recreation Coordinator
Administrative Intern
Planning Intern
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 (paid to employee over 26 pay periods) 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.
• 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
Public Works Operations Manager
Office Assistant II
Administrative Assistant
Executive Assistant
Building and Housing Manager
Building and Safety Inspector
Assistant Planner
Associate Planner
Building and Permit Technician
Parking Control Officer
Community Services Officer
CSO Supervisor
Code Enforcement Officer
2-34 BILINGUAL SKILL PAY
CEO Supervisor
Finance Technician
Finance Supervisor
Community Services Supervisor
Senior Services Program
Supervisor
Community Services Manager
Management Analyst
Communications & Engagement
Mgr
Project/Program Manager
Assistant Directors
Deputy City Clerk
City Clerk
Directors
Assistant City Manager
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 (paid to employee over 26 pay periods) 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)
2-35 CELLPHONE STIPEND FOR BUSINESS USE
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 businessrelated 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).
2-35 CELLPHONE STIPEND FOR BUSINESS USE
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)
2-36 RECRUITMENT INCENTIVE PROGRAM
POLICY
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), hiringbonus 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
2-36 RECRUITMENT INCENTIVE PROGRAM
Hiring bonus payments, if approved, are funded by the City and are subject to the availability of funds.
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)
2-37 ANNIVERSARY ACHIEVEMENT AWARD
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.
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)
2-38 USE OF SECURITY CAMERAS
POLICY
This policy sets forth the guidelines for City of Paramount’s (“City”) use of security cameras in City-owned property. The use of security cameras is intended to promote the safety and security of employees, visitors, and City property; to deter illegal activity and misconduct; and provide evidence in investigations.
SCOPE
This policy applies to all city employees, contractors, and visitors in areas where security cameras are used. It governs the placement, operation, monitoring, and retention of data from all security camera systems on City property.
GENERAL PRINCIPLES
The City is committed to maintaining the safety and efficiency of its operations, while respecting the reasonable privacy expectations of employees and the public. Cameras may be placed in public areas, including, but not limited to, building entrances and exits, lobbies, hallways, parking lots, loading docks, and areas where sensitive equipment or cash is handled.
Correspondingly, visible signs providing notification of the City’s use of video cameras will posted at entrances to buildings/sites with monitored areas. However, the City shall not utilize security cameras to monitor private areas, such as restrooms, locker rooms, break rooms, lounges, or private individual offices unless explicit, documented consent is provided.
MONITORING & ACCESS
The City shall not utilize security cameras to engage in constant, real-time monitoring of employees. Instead, recorded footage will only be used when for legitimate business purposes, including the investigation of illegal activity, safety issues, accidents, workplace misconduct, property security, or other policy violations.
Access to video data is strictly limited to authorized personnel, including the City Manager, department heads, and law enforcement. Unauthorized access or use of security cameras is prohibited and subject to disciplinary action.
DATA STORAGE & RETENTION
All recorded video data shall be stored securely with safeguards to prevent unauthorized access or disclosure and shall not be retained indefinitely. Recorded video data shall be automatically erased or overwritten according to the schedule approved by the City Manager, unless preservation is otherwise needed for an official investigation or litigation.
POLICY VIOLATIONS
Unauthorized installation, removal, or tampering with security camera equipment is strictly prohibited and shall result in disciplinary action, up to and including termination. Likewise, any employee who accesses, shares, or uses surveillance data for purposes outside the scope of this policy shall be subject to disciplinary action.
2-39 PART-TIME EMPLOYEE PAID TIME OFF (PTO)
POLICY
All regular part-time employees shall be granted forty (40) hours of Paid Time Off (PTO) upon employment and at the beginning of each fiscal year thereafter. PTO may be used for any purpose, including, but not limited to, personal business, vacation, illness, medical appointments, or family care. Employees may begin using PTO on the 90th day of employment. When PTO is used due to illness, injury, medical appointments, or other health-related reasons, employees shall comply with the City's call-in procedures and notify their supervisor at least two (2) hours prior to the start of their scheduled shift whenever practicable.
When PTO is requested for vacation, personal business, or other planned absences, employees must submit a leave request in advance and obtain supervisory approval prior to using PTO.
Part-time employees shall be limited to forty (40) hours of PTO use during each fiscal year.
Any balance remaining from the 40-hour PTO bank as of June 30 shall roll over to the following fiscal year, up to a maximum rollover of twenty (20) hours. PTO balances shall not exceed sixty (60) hours at any time. Part-time employees shall not be compensated for unused PTO upon separation from employment, except as otherwise required by law.
Upon promotion to a full-time position, any remaining PTO balance shall be forfeited and the employee shall begin accruing benefits in accordance with the leave provisions applicable to full-time employees.
3-1 BUSINESS ETHICS
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.
3-1 BUSINESS ETHICS
• 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. 3-2 DRUG FREE WORKPLACE
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 damageto the City's reputation. All persons covered by this policy should be aware that violationsof 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. Thisincludes 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 3-2 DRUG FREE WORKPLACE
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
3-2 DRUG FREE WORKPLACE
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.
3-3 SMOKING
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. 3-4 WORKPLACE SECURITY, SAFETY, AND VIOLENCE IN THE WORKPLACE 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. 3-5 VEHICLE USE/DRIVING ON CITY BUSINESS
PURPOSE
The purpose of this Vehicle Use Policy is to establish clear rules, responsibilities, and procedures for the safe and authorized use of City-owned vehicles, hired vehicles, and privately owned vehicles used in the course of City business. Use of City-owned vehicles is the preferred method of transportation for City business, as it provides the greatest control over safety, operating costs, maintenance, inspection, and insurance. This policy applies to all employees, officials, and authorized volunteers operating any vehicle on City business. Commercial motor vehicle operators may have additional licensing requirements not addressed in this policy.
DEFINITIONS
Accident Kit: Packet kept in a vehicle containing accident report forms, information exchange cards, and witness cards. (Appendix 5)
City-Owned Vehicle: A vehicle owned, leased, or otherwise controlled by the City.
Hired Vehicle: A rental vehicle obtained from a licensed rental company for City business.
Privately Owned Vehicle: Any non-City vehicle used for City business, whether owned by the employee or another party.
Vehicle Operator: Any employee, official, or authorized volunteer operating a vehicle on City business.
Preventable Accident: An accident in which the operator failed to do everything reasonably possible to avoid the collision.
Non-Preventable Accident: An accident in which the operator did everything reasonably possible to avoid the collision.
GENERAL GUIDELINES
• Only authorized, appropriately licensed individuals may operate vehicles on City business.
• The City shall maintain a list of employees required to drive for work and shall enroll them in the DMV Employer Pull Notice (EPN) program.
• Human Resources shall maintain driver records, insurance documentation, and training records.
• Supervisors shall monitor employee driving performance and report accidents or unsafe behavior.
• Vehicle operators must obey all federal, state, and local laws. • Seat belts must be worn by all occupants at all times. • Operators are responsible for all citations and fines incurred while driving on City business.
• Cargo, tools, and materials must be properly secured. • No one may ride on running boards, fenders, tailgates, or any area not designed for passengers.
• Alcohol, drugs, or intoxicants may not be transported in City vehicles or in privately owned vehicles used for City business.
• Operators must inspect vehicles before initial use each day to ensure safety equipment is functioning.
• Any unsafe or defective vehicle must be reported immediately and may not be operated. 3-5 VEHICLE USE/DRIVING ON CITY BUSINESS
USE OF CITY-OWNED VEHICLES
Authorized Use
City vehicles may only be used for official City business. Personal use is prohibited unless expressly authorized by the City Manager and compliant with IRS regulations.
Passenger Restrictions
Only City employees or individuals specifically authorized by a Department Head may ride in City vehicles.
GPS Technology
City vehicles may be equipped with GPS for safety, dispatching, maintenance, and operational efficiency.
USE OF PRIVATELY OWNED VEHICLES
Employees may use privately owned vehicles for City business only when authorized by a Department Head or the City Manager.
Requirements include:
• 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. • Maintaining the vehicle in safe operating condition.
• Maintaining insurance meeting City minimums (see insurance requirements below) • Carrying an accident kit.
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 ExpenseReimbursement.
• Notifying their insurer that the vehicle is used for business purposes. • Paying any insurance deductible and any premium increases resulting from an accident.
• The City is not responsible for physical damage to privately owned vehicles used for City business.
USE OF HIRED (RENTAL) VEHICLES
• Use of rental vehicles must be approved in advance.
• Optional loss damage waiver (LDW) should be purchased unless otherwise directed by the City.
3-5 VEHICLE USE/DRIVING ON CITY BUSINESS
• Rental vehicles are not eligible for mileage reimbursement. • All requirements applicable to privately owned vehicles also apply to hired vehicles.
DRIVER’S LICENSE REQUIREMENTS
• All vehicle operators must possess a valid California driver’s license appropriate for the vehicle being operated.
• New hires with out-of-state licenses must obtain a California license within the legally required timeframe.
• Operators must notify their supervisor no later than the next workday if their license is suspended, revoked, or restricted.
• Operators with hardship licenses may not drive on City business.
DRIVING RECORD REVIEW
• The City participates in the Department of Motor Vehicles (DMV) pull notice program through Embark, in accordance with DMV program rules. All authorized drivers shall be enrolled in the DMV Embark program.
• HR shall review pull notices and notify supervisors of any concerns. • Applicants required to drive must undergo a post-offer driving record review. • Driving privileges may be suspended or revoked based on violations, preventable accidents, or unsafe behavior.
• DUI convictions or refusal to submit to sobriety testing may result in termination of driving privileges and disciplinary action.
• Loss of driving privileges may affect employment if driving is an essential job function.
INSURANCE REQUIREMENTS
City-Owned Vehicles
Employees must maintain personal liability insurance even when operating City vehicles.
Privately Owned Vehicles
Employees must maintain insurance at or above:
• $100,000 bodily injury per person
• $300,000 bodily injury per occurrence
• $25,000 property damage per occurrence
Proof of insurance must be submitted annually or as otherwise required.
Primary Coverage
Per California Insurance Code §11580.9, the insurance policy describing the vehicle as an owned vehicle is primary.
DRIVER TRAINING
• Defensive driver training is required upon hire and at least every three years thereafter. • Employees newly assigned driving duties must complete training at the first available opportunity.
• Remedial training may be required after preventable accidents.
USE OF ELECTRONIC DEVICES
City employees must comply with all applicable laws regarding cell phone use while operating a vehicle or bicycle on City business. In accordance California law, employees are strictly prohibited from all use of a cellular phone’s functions while driving and holding 3-5 VEHICLE USE/DRIVING ON CITY BUSINESS
the phone, including passively looking at an application on the phone, texting, calling, or using mapping applications or any other function.
• Operators may not hold or operate a cellphone or electronic device while driving. • Only hands-free, legally compliant use is permitted.
• City vehicles are equipped with phone mounts and must be used. • If more than minimal interaction is required, the operator must pull over safely. • Minors (if ever authorized to drive) are prohibited from cellphone use while driving. • Violations of this policy may result in disciplinary action and may subject the employee to personal liability in the event of an accident or citation.
VEHICLE ACCIDENT REPORTING
In any accident involving a City-owned, hired, or privately owned vehicle used for City business:
1. Summon medical assistance if needed.
2. Notify law enforcement.
3. Complete an accident report using the accident kit and/or QR code that provides an online version of accident kit.
4. Notify the supervisor immediately.
5. Supervisor shall initiate an investigation and complete required City and CJPIA reports.
6. For privately owned vehicles, the driver must file DMV Form SR-1 within 10 days if required by law.
RESPONSIBLE DRIVING & CONDUCT
• Drivers must be familiar with the manner of operation of vehicles that they operate on Citybusiness. 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 operate vehicles safely, professionally, and courteously. • Distracted driving (eating, texting, interacting with devices) must be avoided. • Smoking is prohibited in all City vehicles.
• Drivers must avoid hazards and exercise reasonable care at all times. • Unsafe operation may result in discipline up to and including termination.
ACKNOWLEDGEMENT
All employees must sign the Vehicle Usage Policy Acknowledgement Form upon hire and whenever the policy is updated.
3-6 CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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.
3-6 CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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 textof any e-mail or any other communication should be appropriate to be sentas 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 3-6 CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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.
3-6 CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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.
3-6 CITY TECHNOLOGY, EQUIPMENT, AND RESOURCES
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. 3-7 SOCIAL MEDIA POLICY
PURPOSE
Social media operated by the City, currently includes the City’s Facebook, Instagram, and YouTube sites and the Paramount Now App, as well as other means of communication using the internet. Social Media is a primary means of communication for the City. The City recognizes the vital importance of these platforms for public engagement and staff provides timely responses, accurate information, and engaging content using social media. 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 on social media while demonstrating the positive impacts of our work.
POLICY
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 may only be used to disseminate 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 has an importantinterest in protecting the integrity of information posted on its social media platforms and deciding what is communicated on these platforms.
1. RESPONSIBILITY
a. The Communications and Engagement Manager (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 may develop social media content related to their respective departments. Department Directors Directors will provide proposed content to PIO for posting on behalf of their department, subject to final approval by the PIO. Department Directors may appoint a delegate from their department to work directly with the PIO 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 appointed by the PIO (Communication Specialists or other Designated Employee(s)) may also develop, post, and monitor content on behalf of the City for all approved social media sites. The Social Media Administrators may review department-submitted content on behalf of the PIO and ensure all posts meet the City’s branding guidelines.
3-7 SOCIAL MEDIA POLICY
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.
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 is governed by all City policies, including this one. 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. 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 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.
3-7 SOCIAL MEDIA POLICY
k. The Adminstrative Services Department 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.
l. Employees representing the City may not use the City’s social media efforts/content for personal gain.
m. 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
i. Each social media platform must include a link somewhere that directs visitors to the City’s website and “Public Disclaimer/Terms of Use” (Attachment A). 3-7 SOCIAL MEDIA POLICY
ii. 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. The City is generally interested in:
• 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 endorse or mention any City vendor, supplier, customer, contractor, employee, official, or resident, without the approval of the Public Information Officer. “Following” 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 for all departments.
3-7 SOCIAL MEDIA POLICY
• Video quality must be comparable to DVD resolution quality 640x480. • 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.
3-8 DRESS CODE
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.
Guidelines
Employees are expected to dress in professional or business attire that reflects positively on the organization and supports a respectful, business-focused environment. Colors and styles of garments should be consistent with industry and professional standards, safety, and comfort.
Permitted:
• Dress pants, slacks, or tailored trousers
• Button-down shirts, blouses, professional tops; sweaters (non-hoodie) • Blazers, suit jackets, cardigans, and coordinated business ensembles • Dresses or skirts of appropriate, professional length • Closed-toe dress shoes, flats, loafers, or low-profile heels Not permitted:
• Polo shirts (unless City issued - permitted as described below). • Jeans, shorts, or casual cargo-style clothing
• Sports type leggings
• T-shirts, tank tops, crop tops, halter tops, or overly casual shirts • Flip-flops, athletic shoes (unless job-related), or beach-style footwear • Clothing that is torn, distressed, overly tight, sheer, or revealing • Clothing displaying inappropriate, offensive, or political messages 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. Part-time employees in the Public Works Department, Public Safety Department, and Community Services Department who are required to wear specific work pants as part of their uniform may submit proof of purchase to Human Resources and receive reimbursement of up to $45 per fiscal year.
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.
Footwear: The City pays for employee-selected safety footwear directly from a selected vendor of up to $350. Any cost beyond the $350 shall be the responsibility of the employee..
Employees receiving the footwear under this provision allowance are required to wear the prescribed boots/shoes at all times while in the field or as required. Boots/shoes must be 3-8 DRESS CODE
kept in a well-maintained condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. The City will report that portion of the uniform allowance for classic members that meets the definition contained in California Code of Regulations section 571.
.
3-9 REQUEST FOR INFORMATION AND MEDIA CONTACT
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. 3-10 GRATUITIES
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 theCity 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.
3-11 POLITICAL ACTIVITY
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
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:
o Campaigning for or against any candidate or ballot initiative; o Distributing political literature or promotional materials; o Displaying political signs, buttons, stickers, or clothing in City offices or while interacting with the public on behalf of the City;
o Using City uniform, email, phones, equipment, or facilities for political purposes; o 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:
o Voting or expressing personal political opinions during non-work time; o Participating in political campaigns or activities outside of work hours and outside the workplace, as private citizens;
o Attending public meetings or political events on their own time; o 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 IV:
APPENDICES
SECTION 4-1
APPENDIX 1 : CLASSIFICATION TABLE
Appendix 1: Classification Table
Classification Title
FLSA
Status
Accountant Exempt
Accounting Specialist Non-Exempt
Accounting Manager Exempt
Administrative Aide Non-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 Housing 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 Manager Exempt
Community Services Supervisor Exempt
Deputy City Clerk 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
Human Resources Manager Exempt
Maintenance Aide Non-Exempt
Maintenance Supervisor Exempt
Maintenance Worker Non-Exempt
Management Analyst 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 Maintenance Worker Non-Exempt
Senior Management Analyst Exempt
Senior Recreation Leader Non-Exempt
Senior Services Program Supervisor Exempt
Senior Water Operator 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 4-2
APPENDIX 2 : SOCIAL MEDIA POLICY
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, 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
The City’s 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 by 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 City staff review all comments after you post them. Because the site is visible to all ages, we expect people 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)
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, 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 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.
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.
SECTION 4-3
APPENDIX 3 : RANDOM DRUG AND
ALCOHOL TESTING (DOT) FOR
COMMERCIAL LICENSED DRIVERS
Drug and Alcohol Testing Policy for Employees in
Accordance with Title 49 CFR Part 382
Table of Contents
I. GENERAL
Policy Statement
Purpose of Policy
Effects of Misuse and Abuse Examples
C. Applicability
1. Drug and Alcohol Testing Policy for Drivers in Accordance with Title 49 CFR Part 382
2. Drivers Affected by These Rules
3. Other Drivers Who Are Affected
4. Preemption of State and Local Laws
D. Definitions
II. PROHIBITIONS
A. Prohibited Drug Use
1. Prohibited Drugs
2. Controlled Substance Use
3. Controlled Substance testing
4. Alcohol Concentration
5. Other Alcohol-Related Conduct
6. Legal Drugs
B. Prohibited Conduct
1. Manufacturing, Trafficking, Possession, and Use of Controlled Substances
2. Intoxication/Under the Influence
3. Alcohol Concentration/Hours of Compliance
4. Compliance with Testing Requirements
5. Refusal to Submit to an Alcohol or Controlled Substance Test III. TESTING REQUIREMENTS
A. Testing for Prohibited Substances
1. Testing for Prohibited Drugs
2. Procedures for Testing
3. Split Specimen Testing
4. Alcohol Testing
5. Negative-Dilute Testing
B. Medical Review Officer
C. Types of Testing
1. Pre-Employment Testing
2. Reasonable Suspicion Testing
3. Post-Accident Testing for FMCSA
Non-Regulated Post-Accident Testing
4. Random Testing
5. Return-to-Duty & Follow-Up Testing
IV. CONSEQUENCES FOR COVERED DRIVERS ENGAGING IN
SUBSTANCE USE-RELATED CONDUCT
A. Consequences for Positive Test Results
B. Immediate Removal from Safety Sensitive Function
C. Required Evaluation and Testing
D. Voluntary Self Identification Policy
V. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL
A. Location of Records
B. Inquiries for Alcohol and Drug testing Information from Previous Employers
C. Training and Educational Material
D. Designated Employer Representative
E. Revisions to the Policy and Program
VI. TESTING PROCEDURES
A. General Urine Specimen Collection Procedures
B. General Breath Alcohol Collection Procedures
C. Pre-Employment Testing Procedures
D. Reasonable Suspicion Testing Procedures
E. Post-Accident Testing Procedures for FMCSA
F. Random Testing Procedures
G. Return-to-Duty and Follow-Up Testing Procedures
VII. FMCSA DRUG & ALCOHOL CLEARINGHOUSE
A. Clearinghouse Requirements
B. Clearinghouse Queries and Driver Consent (Written / Electronic) C. Clearinghouse Reporting Requirements
D. Driver Access to Clearinghouse
EXHIBITS
A. Drug and Alcohol Testing Vendors
B. List of Categories of Drivers (to be completed by DER)
POLICY STATEMENT
City of Paramount is concerned about their contractors/employees being under the influence of alcohol and/or drugs at work and the use of such substances in the work environment. Moreover, City of Paramount takes the position that any measurable amount of drugs or alcohol in a person’s system while on company time is counterproductive to the goal and mission of this organization. City of Paramount is also concerned about the possession, distribution, purchase or sale of illegal drugs and controlled substances in the workplace.
These activities may adversely affect work performance, efficiency, safety and health, and therefore seriously impair his or her value as a worker. In addition, they constitute a potential risk to the welfare and safety of others and expose the Company to risks of property loss or damage, negative image, or injury to other persons.
All covered drivers must submit to alcohol and controlled substance testing administered in accordance with the federal regulations as detailed in this policy.
City of Paramount has established the following policy:
1. Anyone subject to this policy who, while on duty or on Company premises, sells, distributes, manufactures, possesses, uses/consumes or offers for sale or distribution any illegal drugs, alcoholic beverages or controlled substances will be subject to disciplinary action up to or including immediate discharge.
2. Anyone subject to this policy who is under the influence of alcoholic beverages or controlled substances will be subject to disciplinary action up to or including immediate discharge.
3. Anyone subject to this policy required to be tested for drugs and/or alcohol must comply with all policies & procedures and must submit to pre-employment, reasonable suspicion, post-accident, random, return-to-duty, and follow-up drug and/or alcohol testing as required. Applicants for safety-sensitive positions may not be hired nor will anyone subject to this policy be assigned to a safety-sensitive function unless they pass a drug test.
4. This policy requires that as a condition of employment, a driver cannot refuse or test positive on any DOT mandated test or any other test required by Company policy. If a driver refuses or tests positive on any DOT mandated test or any other test required by Company policy, s/he will be subject to disciplinary action up to or including discharge.
The purpose of this policy is to ensure all persons subject to this policy are fit for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy is also intended to comply with the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration’s (FMCSA) regulations. These regulations prevent performance of any safety-sensitive function when there is a violation of the rules to include positive, refusal to test situation, adulterated or substituted test results. The DOT has also adopted 49 Code of Federal Regulations (CFR) Part 40, which sets standards for the collection and testing of urine and breath specimens.
This policy incorporates these federal requirements for drivers performing any safety sensitive functions as defined in Part 382 and this policy. All that are subject to this policy must submit to any Controlled Substance and Alcohol testing administered under this policy.
If any provision of an existing company policy, or rule is inconsistent or in conflict with any provisions of this policy or DOT/FMCSA rules, this policy and the DOT/FMCSA rules shall take precedence; if any provision of this policy is inconsistent or in conflict with the DOT/FMCSA rules, the DOT/FMCSA rules shall take precedence. Employees may also be subject to additional NON-DOT Employer policies regarding drug and/or alcohol testing (For example a Drug-Free Workplace policy). See your DER, Manager or Supervisor to ensure you are following all applicable policies that are in place.
1. Effects of Misuse and Abuse Examples
The cost of substance abuse and alcohol misuse is growing each day in our society, the workplace, the family and with individuals. Most homicides are committed by people who use drugs or alcohol prior to the crime. Many Americans will be involved in an alcoholrelated accident during their lifetime.
The medical costs of illnesses related to controlled substance misuse and abuse are overwhelming. Each year thousands of people will die due to alcohol-caused liver disease.
Several more thousand will die due to alcohol-induced brain disease or suicide.
Symptoms of Substance Abuse Problems:
Tardiness Alcohol odor on breath
Overreaction to real or imagined criticism Mood swings
Borrowing money from coworkers Subject of complaints from clients or co-workers Avoidance of associates Stealing small items from co-workers/employers Lowered job efficiency Confusion
Difficulty in concentration Accidents on the job
Absenteeism Leaving work early
Excessive sick leaves Frequent, unscheduled short-term absences Higher absentee rate than other employees
Drivers who abuse drugs and/or alcohol can also create liabilities for any company they work for:
Direct and measurable costs, such as the additional health care benefits claimed by substance abusers.
Less tangible and difficult-to-measure costs, such as the negative impact on morale or the diminished creativity of substance-abusers.
Potential costs or “liabilities,” such as the potential costs of a lawsuit filed by an injured party after an accident caused by the impaired driver. Potential damage to company image and reputation due to a substance abuser and his/her actions.
These costs arise because of the effects of substance abuse in many areas, including the image
of the company and the abuser’s:
- Health
- Productivity
- Decision-Making
- Security
- Safety
- Morale
City of Paramount has several components to promote a drug-free workplace and comply with DOT and FMCSA regulations. They are the following:
A Controlled Substance and Alcohol Misuse policy with procedures. Training for all employees with supervisory responsibilities for “Reasonablesuspicion” determinations. Intervention and/or confrontation by a trained supervisor When help is needed with a substance abuse problem and is not forthcoming, intervention by a trained supervisor can be helpful. A trained supervisor will call the person into a private area and express his/her concern regarding their behavior.
If it is decided that a test is needed, the supervisor will inform the persons exhibiting signs/symptoms of potential drug/alcohol use that a test(s) is required to eliminate drug abuse or alcohol misuse as a cause for the witnessed behavior. Information of local Employee Assistance Programs (EAP) and/or Substance Abuse Professionals (SAP).
(See Exhibit B “Drug and Alcohol Testing Vendor” list for more information)
APPLICABILITY
1. Drug and Alcohol Testing Policy for Employees in
Accordance with Title 49 CFR Part 382
The City of Paramount has determined that it has drivers who fall under the jurisdiction of the Department of Transportation. As described in the DOT’s Federal Motor Carrier Safety Administration Regulations (FMCSR’s), City of Paramount is an employer of safety-sensitive transportation employees with commercial driver’s licenses/permits defined by Title 49 CFR Parts 382 & 383 that are subject to Drug & Alcohol testing.
Additionally, the State of California has adopted these same federal regulations and codified them into the State's Vehicle Code.
2. Drivers Affected by These Rules
Drivers who hold a Commercial Driver’s License/Permit (CDL/CLP) and:
(a) Drive vehicles with a GVWR of 26,001 or more pounds, or (b) Drive vehicles with a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or
(c) Drive any size vehicle carrying placarded hazardous materials; or (d) Drive vehicles designed to transport 16 or more passengers including the driver.
Drivers in categories (a), (b), (c) or (d) as listed above, are deemed to be performing safety sensitive functions and subject to testing that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382. Testing procedures will be conducted while the driver is on duty and facilities used for tests shall conform to the requirements of the Code of Federal Regulations, Title 49 CFR Part 40.
On-duty time includes all safety-sensitive functions performed from the time a driver begins work or is required to be ready to work until s/he is relieved from work and all responsibility for performing work.
(See Exhibit C for list of safety-sensitive positions and/or categories that are subject to this policy.)
3. Other Drivers Affected; Sub Haulers/ Contractors
Sub-Haulers, Independent Owner-Operators, and Sub-Contracted drivers performing “safety-sensitive” duties as defined by the FMCSA, on behalf of City of Paramount under this policy and applicable regulations are also subject to drug and alcohol testing in accordance with Part 40 and 382 of the U.S. Department of Transportation (DOT). Each contractor will provide documentation of compliance.
4. Preemption of State and local laws
FMCSA regulations preempt any State or local law, rule, regulation, or order to the extent that:
1. Compliance with either State or local requirement in Part 382 is not possible; or
2. Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in Part 382.
FMCSA regulations shall not be construed to preempt provisions of State criminal laws that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation drivers, employees, employers, or the general public.
D. DEFINITIONS
Accident: an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene.
Actual knowledge: means actual knowledge that a driver has used alcohol or controlled substances based on direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in Sec. 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Sec. 382.307.
Adulterated specimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol. (The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device.)
Alcohol use: The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol.
Breath Alcohol Technician (BAT): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.
Cancelled test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which this part otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.
Chain of custody: The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed.
This procedure uses the Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to its final disposition.
Collection Site: a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the specimens to a laboratory.
Collector: A person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the CCF.
Commercial Driver’s License Drug & Alcohol Clearinghouse (Clearinghouse): the FMCSA database that requires employers and service agents to register with, report information to, and to query, regarding drivers who are subject to the DOT controlled substance and alcohol testing regulations.
Commercial Motor Vehicle (CMV): a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle; a) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
b) Has a gross vehicle weight rating of 26,001 or more pounds; or c) Is designed to transport 16 or more passengers, including the driver; or d) Is of any size and is used in the transportation of hazardous materials requiring placards.
Confirmation Test: In the case of alcohol a subsequent test using an EBT, following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration. In the case of controlled substances, a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or drug metabolite.
Contract Company: an individual, company or organization with whom the employer has a written or verbal contract for services, and whose employees are required to be subjected to controlled substance and alcohol testing. Contracted employees are required to be tested for controlled substances and alcohol under this policy or a policy which meets the requirements of the Federal Motor Carrier Safety Administration (FMCSA), subject to approval by City of Paramount.
Controlled Substances: means those substances tested as noted in the definition of “drugs”.
Designated Employer Representative (DER): An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. Service agents cannot act as DERs.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
Direct Observation: is a collection where an observer of the same gender (does not have to be the collector) MUST have the donor raise ALL of his/her clothing that lifts up, just above the navel; lower ALL clothing that lowers including undergarments, to mid-thigh; then turn around to show the observer they do not possess or wear a prosthetic device or other device that could be used to interfere with the collection process. If no device is detected, the employee is permitted to return clothing to its proper observed-collection position. Then the observed collection will take place, where the observer actually must watch the urine leave the donor’s body.
Directly Observed collections are authorized when:
1) The employee attempts to tamper with his or her specimen at the collection site. • The specimen temperature is outside the acceptable range; • The specimen shows signs of tampering ~ unusual color / odor / characteristic; or • The collector finds an item in the employee’s pockets or wallet which appears to be brought into the site to contaminate a specimen; or the collector notes conduct suggesting tampering.
2) The Medical Review Officer (MRO) orders the direct observation because:
• The employee has no legitimate medical reason for certain atypical laboratory results; or
• The employee’s positive or refusal [adulterated / substituted] test result had to be cancelled because the split specimen test could not be performed (for example, the split was not collected).
3) The test is a Follow-Up or a Return-to-Duty test.
Disabling Damage: means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
1. Inclusions. Damage to motor vehicles that could have been driven but would have been further damaged if so driven.
2. Exclusions.
(i) Damage that can be remedied temporarily at the scene of the accident without special tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available. (iii) Headlight or taillight damage.
(iv) Damage to turn signals, horn, or windshield wipers that make them inoperative.
DOT, The Department, DOT agency: For this policy and covered employees the DOT Agency is the Federal Motor Carrier Safety Administration (FMCSA). These terms include any designee of a DOT agency.
Driver: a driver means any person who operates a commercial motor vehicle. This includes, but is not limited to full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. For the purpose of preemployment testing, the term driver includes a person applying to drive a CMV.
Drugs: The drugs for which tests are required under this policy and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids Drug & Alcohol Policy: policy set up by the employer to provide the necessary elements to promote a drug free working environment. (Hereinafter to be referred to as Policy.) Employee: Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safetysensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under this part, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.
Employer: A person or entity employing one or more employees (including an individual who is sel femployed) subject to DOT agency regulations requiring compliance with the regulations set forth in 49 CFR Part 40, Part 382 and this policy. The term includes an employer's officers, representatives, and management personnel. Service agents are not employers for the purposes of 49 CFR Part 382 drug/alcohol testing Evidential Breath Testing Device (EBT): A device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for “Evidential Breath Measurement Devices” and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program.
HHS: The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.
Invalid drug test: The result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part.
Licensed Medical Practitioner: means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.
Medical Review Officer (MRO): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.
Monitored Collection: a collection performed in a multi-stall restroom, where the stalls have at least a partial-length door and all other applicable requirements a collection site must follow. Using a multistall restroom is the only circumstance in which a monitored collection can be performed.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug, or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen.
Non-negative specimen: A urine specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), and/or invalid.
On Duty Time: all time from the time a driver begins to work or is required to be available for work.
"On Duty Time" shall include:
a) All time at a Carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer,
b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment at any time,
c) All driving time,
d) All time spent, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth,
e) All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded,
f) All time spent performing the driver requirements relating to accidents, g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Performing (a safety-sensitive function): during any period in which the driver is actually performing, ready to perform, or immediately able to perform any safety-sensitive function.
Positive result: The result reported by an HHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations.
Primary specimen: In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. The primary specimen (Bottle A) is distinguished from the split specimen (Bottle B), defined in this section.
Reasonable Suspicion: means that the employer believes the actions, appearance and/or conduct of a driver who is on duty as defined above, are indicative of the use of a controlled substance or alcohol.
Reconfirmed: The result reported for a split specimen when the second laboratory is able to corroborate the original result reported for the primary specimen.
Refusal to Submit (to an alcohol or controlled substances test) means that a driver:
refuses to submit to, appear, remain/arrive at the testing site or to take any test required by DOT regulations, the MRO or their DER. ALSO See section II (B) (5) Anyone subject to this policy who has been determined to have “refused to test” will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met.
Rejected for testing: The result reported by an HHS certified laboratory when no tests are performed for a specimen because of a fatal flaw or a correctable flaw that is not corrected.
Safety-Sensitive Function (SSF): means all time from the time a driver begins to work or is required to be in readiness to work until the time s/he is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
1. All time at the employer plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer.
2. All time inspecting equipment as required by the FMCSA’s subchapters § 392.7 and 392.8, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.
3. All time spent at the driving controls of a commercial motor vehicle in operation.
4. All time, other than driving time, in or upon any commercial motor vehicle (except for time spent resting in the sleeper berth.)
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded and unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Screening Test (a.k.a. initial test): in alcohol testing it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing it means the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
Service agent: Any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs and STTs, laboratories, MROs, substance abuse professionals, and C/TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part.
Shipping container: A container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory.
Specimen bottle: The bottle that, after being sealed and labeled according to the procedures in this part, is used to hold the urine specimen during transportation to the laboratory.
Split specimen: In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
Stand-Down: means the practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results. (This is not allowed without prior written consent from FMCSA)
Substance Abuse Professional (SAP): A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-uptesting, and aftercare.
Substituted specimen: A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.
Third Party Administrator (C/TPA): a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to the employer. TPAs perform administrative tasks concerning the operation of the employer’s drug and alcohol testing program. This term includes, but is not limited to, groups of employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members. TPA’s are not ‘‘employers’’ for purposes of 49 CFR Part 40.
Verified test: A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the MRO.
APPLICABLE ABBREVIATIONS
BAT: Breath Alcohol Technician
DOT: Department of Transportation
DER: Designated Employer Representative
EBT: Evidential Breath Testing
FMCSA: Federal Motor Carrier Safety Administration
HHS: Department of Health and Human Services
MRO: Medical Review Officer
SAP: Substance Abuse Professional
II. PROHIBITIONS
A. PROHIBITED DRUG USE
1. Prohibited Drugs
FMCSA regulations specifically prohibit the use of the following illegal substances and require testing for their presence under certain circumstances: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine. Safety-sensitive employees may be tested at any time while on duty or on City of Paramount property.
2. Controlled Substances Use
No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I or uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is pursuant to the instructions of a licensed medical practitioner (see definitions) who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform any safety-sensitive function.
City of Paramount may require a driver to inform City of Paramount of any therapeutic drug use.
3. Controlled Substances Testing
No driver shall report for duty, remain on duty or perform any safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. City of Paramount, having knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances, will not permit the driver to perform or continue to perform safety-sensitive functions.
4. Alcohol Concentration
The consumption of beverages containing alcohol or substances, including any medication such that alcohol is present in the body while performing safety-sensitive duties, is prohibited. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. City of Paramount, having actual knowledge that a driver has an alcohol concentration of
0.04 or greater, will not permit the driver to perform or continue to perform safety-sensitive functions.
5. Other Alcohol-Related Conduct
Drivers subject to and tested under this policy who is found to have a breath alcohol concentration (BAC) of 0.02 or greater but less than 0.04 will be immediately removed from performing any safety sensitive functions. The driver cannot perform or continue to perform safety-sensitive functions, including driving a commercial motor vehicle, nor will City of Paramount permit him/her to perform or continue to perform safety-sensitive functions, until the start of his/her next regularly scheduled duty period, but not less than 24 hours following administration of the test.
Except as provided in the above section, no action will be taken under FMCSA rules based solely on test results showing an alcohol concentration less than 0.04.
This does not prohibit City of Paramount with authority independent of this part from taking any action otherwise consistent with law.
6. Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected should be reported to supervisory personnel. Medical advice should be sought, as appropriate, before performing safety-sensitive duties.
No driver shall report for duty or remain on duty requiring the performance of safetysensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is pursuant to the instructions of a licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
Any prescription drug or over the counter medication that could affect the employee’s ability to drive safely should be reported to the supervisor, medical department and/or Designated Employer Representative.
B. PROHIBITED CONDUCT
1. Manufacture, Trafficking, Possession, and Use of Controlled Substances The manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace is prohibited. A “controlled substance” is any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. § 812), and as further defined by 21 CFR 1300.11-1300.15. All persons subject to this policy in violation of this act will be subject to disciplinary action up to or including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.
2. Intoxication/Under the Influence
Anyone subject to this policy who is reasonably suspected of being intoxicated or under the influence of a prohibited drug shall be relieved from his or her safety-sensitive job duties pending an investigation and verification of condition. Any driver who fails a drug or alcohol test will be subject to disciplinary action up to or including termination.
1. Alcohol Concentration/Hours of Compliance
No person subject to this policy should report for duty or remain on duty when his/her ability to drive is adversely affected by alcohol or his/her blood alcohol concentration is 0.02 or greater. Drivers are prohibited from using alcohol while on duty, prior to performing safety sensitive duties or while performing safety-sensitive functions. No safety-sensitive functions can be performed within four (4) hours after using alcohol. If City of Paramount has actual knowledge that a driver has used alcohol within four (4) hours, s/he will not be permitted to perform or continue to perform any safety sensitive function. After an accident, drivers shall refrain from alcohol use for eight (8) hours or until an alcohol test has been administered whichever occurs first.
2. Compliance with Testing Requirements
All who are subject to this policy must submit to alcohol and controlled substance testing in accordance with this policy and DOT/FMCSA regulations. Any driver who refuses to comply with a request for testing, who fails to remain readily available for post-accident testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from safety-sensitive functions immediately. Refusal can include an inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test, as well as other circumstances. (See section II (B) (5)) No driver shall refuse to submit to a pre-employment controlled substance test (once testing has commenced), a post-accident, random, reasonable suspicion, return to duty, or followup random alcohol or controlled substances test as required by DOT or FMCSA regulations as stated in this policy.
City of Paramount will not permit any driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
5. Refusal to Submit to Alcohol or Controlled Substance Tests A driver subject to testing under this policy and Part 382 is considered to have refused to take a controlled substance test if any of the following occurs:
A. Drug Testing: Drivers subject to testing have refused to take a drug test if they:
1. Fail to appear for any test (except a pre-employment test) within a reasonable time as determined by the employer after being directed to do so by the employer;
2. Fail to be readily available following an accident; or uses alcohol within eight hours of an accident;
3. Fail to remain at the testing site until the testing process is complete; Provided, that a driver who leaves the testing site before the testing process commences for a preemployment test is not deemed to have refused to test (testing commences per 40.63(C));
4. Fail to provide a urine specimen for any drug test required by Part 40 or FMCSA regulations; Provided, That the specimen donor who does not provide a urine specimen because s/he has left the testing site before the testing process commences as noted above for a pre-employment test is not deemed to have refused to test;
5. In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of the provision of a specimen;
6. Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
7. Fail or decline to take an additional drug test that the employer or collector has directed the driver to take;
8. Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER. In the case of a pre-employment drug test, driver is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test;
9. Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector);
10. For an observed collection, fail to follow the observer’s instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if donor has any type of prosthetic or other device that could be used to interfere with the collection process;
11. Possess or wear a prosthetic or other device that could be used to interfere with the collection process; or
12. Admit to the collector or MRO that s/he adulterated or substituted the specimen. The collector will note this as a refusal in the “Remarks” line (Step 2), sign and date the CCF and immediately notify the DER.
When the MRO reports to the driver and DER that the result is a verified adulterated or substituted test result, this will be reported as a refusal to take a drug test.
If a driver refuses to take a drug test, s/he incurs the consequences specified under DOT agency
regulations for a violation of those DOT agency regulations and this policy.
When a driver refuses to participate in the part of the testing process in which the collector, MRO or referring physician are involved in, they will terminate the portion of the testing process in which they are involved, document the refusal on the CCF and immediately notify the DER. As a referral physician (e.g., physician evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situation), the referring physician will notify the MRO, who in turn will notify the DER.
The collector will note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.
B. Alcohol Testing: Drivers subject to testing have refused to take an alcohol test if they:
1. Fail to appear for any test (except a pre-employment test) within a reasonable time as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer;
2. Fail to be readily available following an accident; or uses alcohol within eight hours of an accident;
3. Fail to remain at the testing site until the testing process is complete; Provided, That a driver who leaves the testing site before the testing process commences for a preemployment test is not deemed to have refused to test (See 40.243(A));
4. Fail to provide an adequate amount of saliva or breath for any alcohol test required per DOT or FMCSA regulations; Provided, That a driver who does not provide an adequate amount of breath or saliva because s/he has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test (See 40.243(A));
5. Fail to make any requested attempts to provide sufficient breath for required test;
6. Fail to provide a sufficient breath specimen, and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
7. Fail to undergo a medical examination or evaluation, as directed by the employer as part of the insufficient breath procedures (40.265);
8. Fail to sign the certification at Step 2 of the Alcohol testing form (ATF); or
9. Fail to cooperate with any part of the testing process.
As a driver subject to this policy and Part 382, a refusal to take any required drug or alcohol test incurs the same consequences as a positive result. The DER will document all refusal to test situations.
*IMPORTANT NOTES: When a collector for a drug test, or an STT or BAT for an alcohol test, reports a refusal event to the DER the driver must immediately be removed from all safety-sensitive duties. The DER will verify if the driver refused the test based upon the documentation provided and DOT’s instructions. When the DER determines that there is a refusal, the driver cannot be returned to safety-sensitive duties until the SAP return-toduty process is successfully completed.
In extremely rare cases for which the DER determines there is not a refusal after a thorough investigation and documentation is conducted, the DER will document the decision and solid reasoning for the determination. The DER will maintain the detailed documentation for a DOT Agency, or other authorized representative in the event of an inquiry or inspection.
A DER decision could be overturned by the DOT or a DOT Agency representative so as a safeguard to ensure that the DER makes the correct determination, the DER may also consult with the MRO on collection site refusals – the MRO is, after all, the “Gatekeeper” for the drug testing process (or seek legal counsel as available).
NOTE: An MRO’s refusal determination is final and not subject to review. Also, an evaluating physician’s refusal determination for an employee’s insufficient breath is final and not subject to review.
III. TESTING REQUIREMENTS
A. TESTING FOR PROHIBITED SUBSTANCES
1. Testing for Prohibited Drugs
Drug tests will be analyzed from a urine specimen. Each urine sample will be collected into a primary and a split sample. The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by HHS. At the laboratory, specimens are placed in secure storage. An initial drug screen will be conducted on each primary specimen. For those specimens that are not negative, a confirmatory Gas Chromatography /Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40.
Under these testing rules, the laboratory must conduct validity tests on each specimen it receives. This allows the lab to evaluate the specimen to determine if it is consistent with normal human urine. The laboratory is then able to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. If the result of the primary specimen is positive, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it.
2. Procedures for Testing
Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability using techniques, equipment, and laboratory facilities, which have been approved, by the Department of Health and Human Services (HHS). Testing for prohibited drugs and alcohol will be conducted in accordance with the procedures set forth in 49 CFR Part 40.
Federal urine and breath forms will be used.
(See Section VI. A. for “General Urine Drug Collection Procedures”)
2. Split Specimen Testing
All who are subject to this policy testing that questions the results of his/her required drug test may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (bottle B) of the original specimen that was voided. This test must be conducted at a different HHS certified laboratory. Each urine sample must be a minimum of 45ml. The sample is to be split at the time of collection into 30 ml. for the primary test (bottle A) and 15ml. for the split (bottle B). The test will be conducted on the split sample that was provided at the same time as the riginal sample. Requests after 72 hours will only be accepted by the MRO if the delay was due to facts that were beyond the control of the employee. If the second portion of the sample also tests positive, then the driver is subject to the sanctions contained in the regulations and this policy. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered by the MRO. There is no split specimen testing for an invalid result.
If a split sample is requested to be tested by the driver, s/he will be responsible for all payments associated with the test of the split specimen, providing that the split test is not cancelled or comes back as a negative, in which case City of Paramount will reimburse payment for such test.
4. Alcohol Testing
Alcohol tests will be performed by a certified Breath Alcohol Technician (BAT) in accordance with the procedures established by the DOT's Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs. The BAT will use an Evidential Breath Testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) in the administration of the test. In order to maintain quality assurance, EBTs must be externally calibrated in accordance with plans developed by the manufacturer of the device. If the initial test on an employee indicates an alcohol concentration of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 30 minutes from the first attempt to confirm the results of the initial test. (The D.O.T. has approved Saliva Testing for Alcohol screen tests but not for confirmation testing. If a Saliva Test is used for the screening test and the reading is over 0.02, the collector/technician must perform a confirmation test using an EBT.) (See Section VI. B. for “General Breath Alcohol Testing Procedures”) City of Paramount has a designated representative who will receive and handle alcohol and drug testing results. All results will be handled in a secure and confidential manner. (See Section V. D. for DER Information)
5. Negative-Dilute Testing
A positive drug test, that is also a dilute specimen, is treated as a verified positive test as per D.O.T. regulation 40.197, no re-testing will be done.
A result that is negative, that is also a dilute specimen, will require the driver to be re-tested.
This second test will be done using the same procedures and reason as the first test and will be required for all types of testing. The collection of the second specimen will not be conducted under direct observation unless required by the MRO. The result of the second urine drug test will be accepted as the final result.
The driver will be given the minimum possible advance notice to retest and must do so immediately. If the second test is also negative and dilute, this is still the test of record and no further testing is required, unless directed to do so by the MRO under direct observation.
If the driver is directed to take another test as described in this section and s/he declines to do so, the driver has refused the test for the purpose of DOT regulations and this policy.
This re-testing will be required uniformly for all types of tests that produce a negativedilute test result.
B. MEDICAL REVIEW OFFICER
All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in 49 CFR Part 40. The MRO does not review alcohol test results.
When a urine specimen is confirmed positive and reported from the testing laboratory to the MRO, the MRO will: (a) review the individual’s medical history, including any medical records and biomedical information provided; (b) contact the driver and afford him/her an opportunity to discuss the result; (c) determine whether there is a legitimate medical explanation for the result, including legally prescribed medication.
The MRO will not convey results until s/he has made a definite decision that the result is a positive, refusal or negative. The MRO may request the laboratory re-analyze the original sample again in order to verify the accuracy of the test result or conduct additional tests.
When the MRO reports a verified positive result s/he may disclose the drug (s) for which the sample tested positive. The MRO will only reveal the levels of a positive drug test result to the City of Paramount DER, the employee, or the decision maker in a lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result.
If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re-collection under direct observation may be ordered by the MRO.
C. TYPES OF TESTS REQUIRED
49 CFR Part 382 regulations and this policy require the following types of testing for drivers subject to those regulations and this policy: Pre-employment, reasonable suspicion, post-accident, random, return-to-duty, and follow-up testing.
1. Pre-Employment Testing
A pre-employment drug test shall be conducted before the first time a commercial driver performs any safety-sensitive function for City of Paramount. This includes new applicants, drivers returning after removal from an FMCSA random pool longer than 30 days and any current employees transferring into driving positions that include the performance of any safety-sensitive function. A negative DOT drug test result shall be required prior to the performance of any safety sensitive functions.
In the event a verified positive or refusal result is received, City of Paramount may not hire or rehire the applicant at that point in time. This does not preclude City of Paramount from hiring the applicant at a later date, provided the applicant can show proof that s/he has satisfactorily completed (at his/her expense) a rehabilitation program meeting all requirements of the DOT Return-to-Duty Process under 49 CFR Part 40 Subpart O. In this case, prior to being hired, driver will submit to another controlled substance test.
2. Reasonable Suspicion Testing
All drivers subject to this policy are subject to reasonable suspicion testing, to include appropriate urine and/or breath testing, when there are reasons to believe that drug or alcohol use is adversely affecting job performance, or the safety-sensitive employee has violated DOT and/or the company’s alcohol or drug prohibitions. A reasonable suspicion referral for drug testing will include documented objective facts and circumstances that are consistent with chronic and short-term effects of controlled substances. Reasonable suspicion tests for the presence of alcohol will only be made during, just proceeding, or just after the period of the workday that the driver is required to be in compliance with FMCSA regulations and this policy.
For example, if a driver is having work performance problems or displaying behavior that may be alcohol or drug-related, or is otherwise demonstrating conduct that may be in violation of this policy where immediate management action is necessary, a trained supervisor will require the individual to submit to a breath and/or urinalysis test. A written record will be made of the observations leading to a controlled substance or alcohol test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earliest. All reasonable suspicion testing determinations to test will be documented accordingly.
Notwithstanding the absence of a reasonable suspicion alcohol test under this section the driver shall not be allowed to perform covered functions unless the results of the alcohol screening and, if indicated, confirmation test indicates an alcohol concentration less than 0.02, or 24 hours has passed following the determination to test.
Persons designated to determine whether reasonable suspicion exists (all supervisors of drivers subject to this policy at a minimum) will receive at least two hours of training to detect and document the physical, behavioral, speech, and performance indicators of alcohol misuse and/or controlled substance use. This will include at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on controlled substances use.
3. Post-Accident Testing for FMCSA (Also see VI (E))
Post-Accident Testing is required under the following circumstances per Federal Motor Carrier Safety Regulations 49 CFR Part 382:
(a) As soon as practicable following an accident involving a commercial motor vehicle operating on a public road in commerce, a test for alcohol and controlled substances will be administered on each surviving driver:
1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
2. Who receives a citation, within 8 hours for alcohol testing or within 32 hours for controlled substance testing, under State or local law for a moving traffic violation arising from the accident, if the accident involved:
i. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or ii. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
(b) If required as noted in section (a) of this section the test for controlled substance use must be administered within 32 hours after the accident and for alcohol use within 8 hours after the accident has occurred.
(c) A driver who leaves the scene of an accident before being tested or is not available for testing is considered to have refused to take a test; but the driver may leave the scene to get help or emergency medical care. In the event of an accident, the driver must contact the company as soon as possible to find out where to go to be tested.
Alcohol tests: If an alcohol test is required but not administered within two hours following the accident, City of Paramount shall prepare and maintain on file a detailed record stating the reasons the test was not promptly administered. If the required test is not administered within eight hours following the accident, City of Paramount shall cease attempts to administer the alcohol test and prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.
Drug Tests: If a drug test is required but not administered within 32 hours following the accident, City of Paramount shall cease attempts to administer the drug test and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FMCSA upon request.
If a law enforcement officer issues a citation or a fatality occurs after the specified time frame to conduct the required test(s), (8 hours for alcohol testing and 32 hours for controlled substance testing), City of Paramount will cease all attempts to conduct post-accident testing under the FMCSA requirements.
Alcohol tests conducted by authorized federal, state, or local officials may fulfill postaccident testing requirements provided they conform to applicable legal requirements and are obtained by City of Paramount.
This testing does not apply in the following circumstances:
(1) An occurrence involving only boarding or alighting from a stationary motor vehicle; or (2) An occurrence involving only the loading or unloading of cargo; or (3) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in §571.3 of Title 49) by an employer unless the motor vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with §177.823 of this title.
Non-Regulated Post-Accident Testing
If an employee is in an accident that does not meet the FMCSA’s criteria for a DOT postaccident test, City of Paramount requires the employee to take a nonregulated post-accident test under City of Paramount’s independent authority on a NON-DOT custody & control (drug testing) form.
4. Random Testing
Tests shall be conducted on a random basis at unannounced times throughout the year.
Tests for alcohol will only be conducted just before, during, or just after the performance of safetysensitive duties. The number of random alcohol and drug tests annually will equal a minimum of the average number of safety-sensitive employee positions based on the testing percentages established in 49 CFR Part 382. Testing percentages are reviewed annually, and may be changed, by the Federal Motor Carrier Safety Administration. Safety-sensitive employees will be selected by a scientifically valid random process, matched with unique identification numbers (driver’s license number/issuing state), and each driver subject to this testing will have an equal chance of being selected each time random selections are made. Selected drivers will be notified and must proceed immediately to the testing site. If the selected driver is off duty, on vacation or out on a medical absence, the random selection may be maintained in confidence, until the driver’s return.
5. Return-to-Duty & Follow-Up Testing
Any driver subject to this policy, who fails a drug test, refuses to test or has tested at 0.04 or above on an alcohol test must pass a return-to-duty test(s) and must also successfully complete an approved rehabilitation program that a qualified Substance Abuse Professional (SAP) has recommended. Once the driver completes the SAP requirements, the DER will receive a final written evaluation and follow-up plan from the SAP.
In order to be allowed to return to work in his/her safety-sensitive position the driver must test negative on a return-to-duty drug test performed under Direct Observation and/or less than 0.02 BAC on the alcohol test. The driver will also be subject to unannounced “direct observation” drug and/or breath alcohol follow-up tests for up to 60 months after returning to work as determined by the SAP’s follow-up plan, which will include a minimum of at least six unannounced tests during the first 12 months after the negative return-to-duty test(s).
All expenses, related to the cost of treatment or rehabilitation, are the responsibility of the safety-sensitive employee, unless the employee has insurance that will cover the prescribed rehabilitation.
IV. CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USERELATED
CONDUCT
A. CONSEQUENCES OF POSITIVE TEST RESULTS
If the MRO reports a verified positive or refusal to test result to the DER, the driver fails an alcohol test by testing higher than 0.04, refuses to test, or adulterates/substitutes a test, the employee will be immediately relieved of his/her safety-sensitive functions. Disciplinary actions will be instituted that may include termination or refusal to hire such individual.
The driver will be suspended from performing any safety sensitive functions until such time as a successful completion of an approved rehabilitation program and a negative return-to duty test result(s) is received (at employee's expense). Detection levels requiring a determination of a positive result shall be in accordance with the current guidelines specified in 49 CFR Part 40.
Any driver subject to this policy who violates federal DOT prohibitions related to drugs and/or alcohol will receive the name(s), address(s), and telephone number(s) of qualified substance abuse professional(s) via a network available to evaluate and resolve problems associated with prohibited drug use and/or alcohol misuse.
This policy states that as a condition of employment, a driver cannot refuse or test positive on any DOT mandated test. If a driver refuses or tests positive on any DOT mandated test, the employee will be subject to disciplinary action up to or including discharge.
B. IMMEDIATE REMOVAL FROM SAFETY-SENSITIVE FUNCTION
No driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by the FMCSA rules and this policy.
The driver will not be permitted to perform safety-sensitive functions, including driving a commercial motor vehicle, if it is determined that the driver has violated any of the prohibitions stated in this policy.
C. REQUIRED EVALUATION AND TESTING
Any driver who has engaged in conduct prohibited by the FMCSA and this policy cannot perform safety-sensitive functions, including driving a commercial motor vehicle unless the driver has met all the requirements of section III (C) (5) of this policy.
Any driver the company determines has engaged in conduct prohibited by FMCSA and this policy will not be permitted to perform safety-sensitive functions, including driving a commercial motor vehicle.
D. VOLUNTARY SELF-IDENTIFICATION POLICY
Drivers who admit to alcohol use or controlled substances use are subject to the referral, evaluation and treatment requirements of both 49 CFR Part 40 and Part 382 including immediate removal from performing any safety sensitive function and all other requirements in section IV (A)(C) & III (C)(5) of this policy as stated.
Any driver that believes s/he, or another employee, may have an alcohol or substance abuse problem, legal or illegal, is strongly encouraged to seek assistance. Check with your DER regarding EAP information or refer to the Sources of Help provided after Section VII of this policy. Most every community in the country has resources available to confidentially assist with the evaluation and treatment of any possible drug and/or alcohol problem.
V. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL
A. LOCATION OF RECORDS
All required records shall be maintained in a secure location with controlled access.
Records will be made available for inspection at the company’s principal place of business within two business days after a request has been made by an authorized representative of FMCSA.
B. INQUIRIES FOR ALCOHOL AND CONTROLLED SUBSTANCES
INFORMATION FROM PREVIOUS EMPLOYERS
As a part of the hire/re-hire/transfer process we will inquire/investigate and obtain from any previous employer within the past three years of the driver’s hire/transfer date, only with the drivers written consent, any information concerning his/her participation in a DOT controlled substance and alcohol testing program.
City of Paramount will obtain and review the information listed below from any employer the employee performed safety-sensitive functions for in the previous three years under any DOT Agency. The information will be obtained and reviewed prior to the first time a driver performs safety-sensitive functions. If not feasible, the information will be obtained no later than thirty (30) days after the first time the driver performs safety-sensitive functions. The information obtained will include:
1. Information if the driver had any DOT alcohol test result of 0.04 or greater.
2. Information if the employer received record of a positive result.
3. Information if the driver refused to submit to a required alcohol/drug test. (including verified adulterated or substituted drug test results)
4. Other violations of DOT agency drug and alcohol testing regulations
5. Information if the driver violated any of the DOT drug/alcohol regulations,
6. Record of any drug/alcohol test information they obtained from previous employers The DER, or other company representative, must also obtain documentation of the driver’s successful completion of the DOT return-to-duty requirements (including follow-up tests) from the previous employer or the driver.
If the driver stops performing safety-sensitive functions before expiration of the 30-day period or before the responses are obtained, we will still request and try to obtain the information from the prior employers. For example, if the driver resigns or is terminated from the position after one week of being hired and the response(s) have not been obtained, City of Paramount will still request the information up to thirty days.
The release of this information will be in any written form (e.g., fax, e-mail, letter) that ensures confidentiality. A written, confidential record with respect to each past employer contacted will be maintained.
A driver will not be used to perform any safety-sensitive functions if information is obtained indicating s/he tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test unless evidence is received documenting the driver was evaluated by a substance abuse professional, completed any required counseling, passed a return-to-duty test(s), and has completed all required follow-up testing.
The driver will also be questioned regarding whether s/he tested positive, or refused to test, on any pre-employment drug/alcohol test administered by an employer to which the driver applied for, but did not obtain, safety-sensitive transportation work covered by any DOT agency drug/alcohol testing regulations during the past two years. If the driver admits that s/he had a positive result or a refusal to test, the driver will not be used to perform any safety-sensitive functions, until/unless s/he provides documentation showing successful completion of the return-to-duty process including all follow-up tests prescribed by the SAP (see paragraphs (b) (5) of this section and Section 3- Documentation Forms for a form to document the employees/applicants answers).
B. TRAINING AND EDUCATIONAL MATERIAL
Each driver subject to this policy shall receive educational materials that explain the effects of alcohol and controlled substances use on an individual's health, work and personal life.
The FMCSA required Designated Employer Representative (DER) who is responsible for this program is also identified in this policy on the next page. Questions and/or concerns regarding this policy or the regulations should be directed to the DER. A copy of the Code of Federal Regulations, Title 49 Part(s) 40 and 382, and this policy will also be available from the DER at any time requested.
All supervisors of drivers covered in this policy (and possibly other designated company employees) will receive at least two hours of training to explain and document the criteria for reasonable suspicion testing, including at least one hour on the contemporaneous/articulable physical, behavioral and performance indicators of probable drug use and another hour on the contemporaneous/articulable physical behavioral, speech and performance indicators of probable alcohol misuse.
D. DESIGNATED EMPLOYER REPRESENTATIVE
Any questions regarding this policy or any other aspect of our Drug and Alcohol Testing Program should be directed to the office of the following Designated Employer Representative (DER).
Name: Nicole Lopez, Human Resources Manager
Address: 16400 Colorado Avenue
Paramount, CA 90723
Telephone Number: (562) 220-2067
A list of the vendors that are being utilized for the purposes of drug and alcohol testing under this policy may be provided through contacting your DER.
E. REVISIONS TO THE POLICY AND PROGRAM
This policy, and program, is subject to revision and may be requested for review at any time from the DER.
VI. TESTING PROCEDURES
A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES
The collector will explain the testing procedure. If the driver is being tested for both drug and alcohol, to the greatest extent practicable, the alcohol test will be done before the urine collection process begins. When the driver enters the collection site, s/he will begin the testing process without undue delay. For example, the collector will not wait because the driver states s/he is not ready or is unable to urinate or because an authorized employee/employer representative is delayed in arriving. The collector ensures the integrity of the specimen and collection process and will be sensitive to the driver’s privacy. Following are the basic steps & guidelines used in a DOT urine drug screen collection:
1. A restroom or stall with a toilet is provided for privacy while providing the urine specimen. A source of water for washing hands, or moist towelettes will be provided.
2. Unauthorized persons are not allowed in the testing site during the collection.
3. The collector will prepare the site. (e.g., taping off water supplies, removing soap and cleaning agents, and will blue the toilet water.)
4. Driver must provide appropriate identification (photo ID, or ID by a company representative) to the collector. S/he may request identification from the collector (only the collector’s name and employer’s name required on ID). The collector fills in the Custody and Control Form details.
5. Driver must remove any outer garments, leave handbags, etc. with the collector and empty all pockets as instructed. Driver will also be instructed to wash his/her hands prior to urination. (Failure to comply with these directions constitutes a refusal to test.)
6. The collector or driver selects the collection kit. The collector unwraps or breaks the seal on the container in the presence of the driver.
7. The collector instructs the driver to provide a specimen sample of at least 45 ml, not to flush the toilet, and to bring the specimen out to the collector.
8. The collector will pay close attention during the entire process to note any conduct that clearly indicates an attempt to substitute or adulterate a specimen. The collector will also ensure the temperature of the specimen falls within the prescribed range, check the volume, and inspect the specimen for any unusual objects, color or smell.
9. After the driver hands the collection container to the collector, the collector will open the specimen bottles/vials. Collector must pour at least 30 ml of urine from the collection container into one specimen bottle (A), and 15 ml into the other specimen bottle (B).
The bottles are closed, and the correct seals are placed over each cover. The collector writes the date on each seal and the driver initials under each date.
10. With the vials/bottles now sealed with tamper-evident tape, the specimen does not have to be under the driver’s direct observation and the employee is then allowed to wash their hands again if they wish and the collector allows.
11. The driver completes the certification statement in step 5 of copy 2 of the CCF, then the collector completes the collector’s section of the Custody and Control Form.
12. The collector places the specimen bottles and copy 1 of the CCF inside the lab provided plastic bag and seals it. The employee is given copy 5.
13. Any excess urine is discarded, and the specimen bag/pouch is put in a shipping container. The driver can now leave the collection site.
14. The collector is responsible for ensuring the security and integrity of the specimen until the courier picks up the specimen for transport to the certified laboratory.
SHY BLADDER PROCEDURES
The term “shy bladder” refers to a situation when the driver does not provide a sufficient amount of urine (45 ml) to permit the drug test.
The collector discards the insufficient specimen, except where the insufficient specimen was out of temperature range or showed evidence of adulteration or tampering.
The collector urges the driver to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. (It is not a refusal to test if the driver declines to drink.) If the driver refuses to make the attempt(s) to provide a new urine specimen or leaves the collection site before the collection process is complete, the collector will discontinue the collection and immediately notify the DER. This is a refusal to test.
If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide the specimen, the collector discontinues the collection, notes the fact on the “Remarks” line of CCF (Step 2), and immediately notifies the DER.
The DER after consulting with the MRO must direct the driver to obtain, within 5 days, an evaluation from a licensed physician acceptable to the MRO who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. (The MRO may perform this evaluation if the MRO has appropriate expertise.) The referral physician will complete their evaluation and provide a written statement to the MRO of their recommendations and the basis for them. The MRO will review the recommendations and report their determination in writing to the DER.
If the result is released to the DER as a refusal to test, this will hold the same consequences as having tested positive both under federal regulations and this policy.
B. GENERAL BREATH ALCOHOL TESTING PROCEDURES
A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT breath alcohol test. The BAT will explain the testing procedure to the driver including showing the instructions on the back of the Alcohol Testing Form (ATF). The BAT ensures the integrity of the test and testing process and will be sensitive to the driver’s privacy. The following are the basic steps and guidelines used in a DOT breath alcohol test:
1. The collection site will afford visual and aural privacy, sufficient to prevent unauthorized persons from seeing or hearing test results.
2. The driver must provide appropriate identification (photo ID, or ID by a company representative) to the BAT. The driver may request the ID of the BAT (only the collector’s name and employer’s name required on ID). The BAT explains testing process and completes step 1 of the ATF.
3. BAT directs driver to complete step 2 of the ATF and sign the certification. If the driver refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER. This is a refusal to test.
4. BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test number. The driver will be shown the air blank test is 0.00 and will confirm the test number for the driver’s test.
5. BAT selects and opens a sealed mouthpiece and inserts it into the EBT. The driver is instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained.
6. If after two attempts an insufficient amount of breath is provided, the test is canceled, the result noted on the ATF, and the DER notified. See below “Shy Lung procedures”.
If the driver refuses to make any requested attempt to test, the technician will discontinue the test, note the facts on the “Remarks” line of the ATF, and immediately notify the DER. This is a refusal to test.
7. The BAT will show the driver the test result and complete step 3 of the ATF. The printed result will be initialed by the driver and affixed to the ATF with tamper evident tape.
8. If the test result is less than 0.02 the test is complete. The driver is given copy 2 of the ATF and is allowed to leave the test site.
9. If the initial screening test is greater than 0.02 breath alcohol content, the driver must submit to a confirmation test.
10. The driver will be observed for 15 minutes and will be informed s/he cannot eat, drink, put any substance in their mouth and to the best extent possible, should not belch. This waiting period is required to prevent any accumulation of mouth alcohol leading to an artificially high reading.
11. After 15 minutes but before 30 minutes driver must submit to the confirmation test conducted the same as the screening test (with an EBT).
12. Confirmation test results are deemed to be the final result upon which any action under FMCSA rules shall be based.
“SHY LUNG” PROCEDURES
1. BAT (Breath Alcohol Technician) will instruct the driver to attempt again to provide a sufficient amount of breath and the proper way to do so.
2. If driver refuses to make the attempt, the BAT will discontinue the test, note the fact on the “Remarks” line of the ATF, and immediately notify the DER.
This is a refusal to test.
3. If driver again attempts and fails to provide a sufficient amount of breath, the collector may provide another opportunity to do so if the technician believes that there is a strong likelihood that it could result in providing a sufficient amount of breath.
4. When the driver attempts have failed to produce a sufficient amount of breath, the collector will note the fact on the “Remarks” line of the ATF and immediately notify the DER.
5. If the collector is qualified to use a saliva ASD and the testing is in the screening test stage, the collector may change to a saliva ASD only to complete the screening test.
6. When the DER is notified by the collector of a shy lung situation s/he will direct the driver to obtain, within five days, an evaluation from a licensed physician who is acceptable to the DER and who has expertise in the medical issues raised by the driver's failure to provide a sufficient specimen.
7. The DER will provide the physician who will conduct the evaluation with information and instructions.
8. Upon receipt of the written statement of the examining physician’s conclusions, the DER must immediately inform the driver and take appropriate action based upon FMCSA regulations.
If no medical reason is found substantiating an inadequate sample, the incident will be treated as a “refusal to test” and will carry the same consequences as a positive test result.
C. PRE-EMPLOYMENT TESTING PROCEDURES
The FMCSA regulations require that all applicant drivers for employment in safetysensitive positions must be given pre-employment drug tests. The term ‘applicant’ means individuals applying for a safety-sensitive position (or re-applying after resignation/termination), being transferred to safety-sensitive position from nonsafetysensitive positions or returning employees who were removed from an FMCSA random pool for more than 30 days.
1. Applicants may not perform any safety-sensitive function unless they pass a DOT pre-employment drug test.
2. Applicants will be informed in writing of the testing requirements prior to conducting the test.
3. All drug test results must be reviewed by the Medical Review Officer (MRO).
4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss the results.
D. REASONABLE SUSPICION TESTING PROCEDURES
The FMCSA regulations require that a driver must submit to a test(s) when there is reasonable suspicion that s/he has used a prohibited drug or has misused alcohol as defined in the regulations and this policy. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odor of the driver. Testing for alcohol under the rules and this policy is only authorized while the driver is performing safety-sensitive functions (SSFs), just before the driver is to perform SSFs, or just after the driver has ceased performing such functions
1. All supervisors of the drivers at a minimum will receive training in order to identify behaviors that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with drivers suspected of drug use and/or alcohol misuse.
2. When a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will instruct the driver to stop work and will escort him/her to an area to be questioned and observed in private.
3. The supervisor will ensure that the driver does not continue to operate in a safetysensitive function after identified for a reasonable suspicion test(s). If there is a decision to test based on contemporaneous, articulable signs/symptoms, the driver will be directed to submit to a drug and/or alcohol test and is taken to the collection site by a company representative or other safe means.
4. If there is a confirmed breath alcohol test of greater than 0.02 but less than 0.04, the driver will be relieved from performing any SSF immediately for a minimum of (24) hours or until the next scheduled workday, whichever is greater.
5. If there is a confirmed breath alcohol test 0.04 or above and/or confirmed positive drug test the employee will be removed from performing any SSF immediately and will not be allowed to return to performing any SSF until s/he has been released by a qualified SAP and passes a required return-to-duty test(s).
6. If an alcohol test is not administered within two hours following a determination for reasonable suspicion alcohol testing, the supervisor will prepare and maintain a record stating the reasons the test was not promptly administered. If the alcohol test is not administered within eight hours following the determination for reasonable suspicion testing, the supervisor will cease all attempts and state the reasons for not promptly administering the test.
7. A written record will be made of the observations leading to a controlled substance or alcohol misuse reasonable suspicion test and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results are released, whichever is earlier.
8. Notwithstanding the absence of a reasonable suspicion alcohol test under this section the driver will not be allowed to perform any SSF’s unless the results of the alcohol screening and, if indicated, confirmation test indicates an alcohol concentration less than 0.02, or 24 hours has passed following the determination to test.
E. POST-ACCIDENT TESTING PROCEDURES
FMCSA regulations require testing for prohibited drugs and/or alcohol only in certain commercial motor vehicle accidents. Post-accident drug and alcohol testing is mandatory for accidents where there is a loss of human life and for other non-fatal accidents (See table below and additional determination forms in the FORMS section of this policy).
1. The supervisor ensures that all injured people receive proper medical care.
2. A post-accident test is determined by the following situations:
3. The driver will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be performed within two hours of the accident. If the test is not performed within this time, the supervisor will prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still is not administered within 8 hours following the accident, the supervisor shall cease all attempts and update the records accordingly. Drivers must remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying the company of his/her location, or s/he may be deemed to have refused to submit to testing. The company will document all accidents of employees and their decision whether to test under FMCSA’s rule or the company’s own independent authority.
4. If the driver is injured and needs medical treatment and testing is required, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident however a urine specimen will not be obtained for DOT testing purposes from an unconscious individual, whether by catheterization or any other means. If a person has been catheterized for medical purposes (e.g., a conscious, hospitalized patient in a post-accident test situation), it is permissible to use urine collected by this means for DOT testing purposes. All necessary documentation must be provided (e.g., the CCF). Any driver who normally voids through self-catheterization is required to provide a specimen in that manner
5. The driver is prohibited from using alcohol for eight hours after the accident.
6. Pending the results of a drug test, the driver can be returned to performing SSFs if medically cleared to return to those duties, on a case-by-case basis. In the interest of safety, the supervisor, or designee, may transfer the driver to a non-safetysensitive status pending the results of the test(s).
7. If the driver is tested for alcohol, and the test is positive at 0.04 or greater, the driver will be removed from duty and referred to an SAP. If the test is greater than 0.02 but less than 0.04, the driver will be removed from duty for at least 24 hours.
8. If the driver refuses to be tested or if the test is confirmed positive, s/he will be removed from all SSFs immediately and referred to an SAP.
9. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care Drivers who test positive for drugs or alcohol will be subject to disciplinary action up to or including termination.
F. RANDOM TESTING PROCEDURES
FMCSA regulations require random testing for prohibited drug use and alcohol misuse for all drivers subject to FMCSA regulations under Part 382. Random testing identifies drivers who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against beginning or continuing prohibited drug use and misuse of alcohol while on the job.
1. Random drug and alcohol testing only applies to drivers performing SSFs for the company.
2. Random testing is accomplished by a scientifically valid, tamper-proof, computergenerated selection process. Drivers will be randomly selected for testing through National Safety Compliance, Inc.'s (TPA) random test selection program without showing discrimination. The program uses a special algorithm that helps to avoid potential concerns a driver may have concerning selection for a random test.
Selected drivers must submit to testing immediately once s/he is informed of the selection at a pre-established testing site. A surplus will be randomized to allow for selected employees who are not available. “Not available” is limited to drivers who are not at work due to vacation, sick leave, disability, or scheduled time off during the testing period. This does not mean that the driver will not be tested when s/he returns to work.
3. At the time of a random selection, a primary list containing the names of the drivers selected is transmitted confidentially to the DER from the TPA. No driver will be removed from the random pools following selection, and every driver will continue to be subject to selection throughout the year. Every driver in the random pool has an equal chance of being selected every selection period.
4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as City of Paramount is in operation (and the driver is performing SSF’s alcohol testing as explained in this policy). No shift is exempt from testing.
5. The number of random alcohol and drug tests annually will equal a minimum of the average number of driver positions, and selections made based on the testing percentages and parameters established by the Department of Transportation.
6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during a driver’s shift. Random alcohol testing will be conducted just before the driver is scheduled to perform a safety-sensitive function, while the driver is performing SSFs or just after the driver performs a SSF. The driver must proceed to the test site immediately after being notified that s/he has been selected for testing.
7. The DER (or manager/supervisor) will notify the drivers of their random selection.
The driver’s random test notification date/time will be documented. Once notified, the driver must submit to the drug and/or alcohol test immediately. Failure to cooperate with the collection procedures or failure to submit to the test(s) in any way constitutes a refusal to test, which results in the same consequences as a positive test result.
8. If there is a confirmation breath alcohol test equal to 0.02% but less than 0.04%, the driver will be removed from performing any SSF immediately and the driver will not be permitted to perform or continue to perform SSFs until the start of his/her next regularly scheduled duty period, but not less than 24 hours following administration of the test.
9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the driver will be removed from performing any SSF immediately and the driver cannot return to performance of any SSF until s/he has been released by an SAP, successfully completed all required rehabilitation, and passes a return-to-duty test(s).
Drivers who test positive for drugs or alcohol will be subject to disciplinary action up to or including termination. If for some reason a driver who has been selected for a random test is not able to take the test(s) in the allotted time frame, documentation will be maintained and forwarded to the TPA for proper documentation of why the test was not performed.
G. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES
Before any driver can be allowed to return-to-duty to perform SSFs following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, s/he must first be evaluated by a Substance Abuse Professional (SAP) and pass a return-to duty test(s).
Return-to-duty Testing
1. After a violation of the FMCSA Drug/Alcohol testing rules a qualified SAP must evaluate the driver and prescribe a rehabilitation program which s/he must complete and then be re-evaluated by the SAP to determine whether the s/he may be released and considered for return to a DOT regulated safety-sensitive position.
2. The DER will schedule a returning driver for a return-to-duty drug test performed under Direct Observation and/or breath alcohol test. If the return to duty test(s) is negative the driver can be returned back to performing SSFs.
3. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the driver within 72 hours of being notified of the positive result by the MRO.
The result will be reviewed by the MRO. If it is verified positive, the driver cannot/will not be returned to any safety-sensitive duty.
Safety-sensitive employees who test positive for drugs or alcohol on a return-to-duty test will be subject to disciplinary action up to or including termination.
Follow-up Testing
1. Once a driver returns to performing SSFs after the negative return-to-duty drug and/or alcohol test(s), s/he will be subject to unannounced follow-up drug testing performed under Direct Observation and/or alcohol testing for at least 1 year and potentially up to 60 months. The type, frequency and duration of follow-up testing will be prescribed by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the driver has been returned to duty. Follow-up testing does not exclude the driver from the random testing program. This means that a driver is subject to random testing as well as follow-up testing and both could occur at the same time or the same day or thereafter.
2. Follow-up alcohol testing will be performed either just before, during or just after the driver performs safety-sensitive functions.
3. If any follow-up drug and/or alcohol test is verified positive, the driver will be immediately removed from performance of any SSFs. Disciplinary action will be imposed up to or including termination per this company policy.
VII. FMCSA DRUG & ALCOHOL CLEARINGHOUSE
49 CFR Part 382 Subpart G—Requirements and Procedures for Implementation of the Commercial Driver’s License Drug and Alcohol Clearinghouse, Effective January 6, 2020 A. CLEARINGHOUSE REQUIREMENTS
As part of continuing efforts to promote safe roadways and to ensure only qualified CDL drivers are performing safety-sensitive duties, FMCSA has created the CDL Drug and Alcohol Clearinghouse for querying and reporting CDL drivers’ compliance with 49 CFR Part 382, including CDL drivers’ drug and alcohol testing violations and other pertinent information. Employers are required to query the database on an annual basis for each current CDL driver, and as part of the pre-employment screening process for each driver applicant. In addition, employers are required to report driver-specific Part 382 drug and alcohol violations and other records to the Clearinghouse.
B. CLEARINGHOUSE QUERIES AND DRIVER CONSENT
All queries through the Clearinghouse require the driver’s consent.
Effective 1/6/2020 a FULL Query of the Clearinghouse must be conducted for each driver applicant before hiring/transferring into a CDL position. Driver consent is required for the query through the Clearinghouse ONLY (Not using a written consent form).
1. Drivers must register in the Clearinghouse in order to execute the requiredFMCSA Clearinghouse specific consent for FULL queries. If the driver refuses consent, s/he will not be hired to perform any safety sensitive functions (SSF’s). i. If the Full Query result states that the driver is qualified under Part 382, the driver may be hired/transferred/re-hired.
ii. If the query result states that the driver has Part 382 violations and has not completed the return to duty requirements of Part 40, Subpart O, the driver will not be used or hired to perform any SSF’s.
2. A FULL Query must also be performed and consented to by the driver via the Clearinghouse, if a driver leaves the employ of the motor carrier through termination or resignation and subsequently returns and applies once again to be a driver for the motor carrier.
Starting 1/6/2020 a LIMITED Query will be performed in the Clearinghouse annually as federally required for each driver performing SSF’s and every year annually thereafter.
1. Each driver must sign a Limited Query Consent Form authorizing the required queries. The driver’s signed consent form will be used for multiple queries and extends for the tenure of the driver’s contract/employment.
i. If the driver refuses to sign the consent form, the driver will be removed from all SSF’s, including driving, and cannot resume performing SSF’s until the query is conducted and reviewed.
ii. If the limited query results in a notice that detailed drug and alcohol violation information exists in the Clearinghouse for the driver, a FULL query is required to be conducted on the driver’s record in the Clearinghouse, within 24 hours after obtaining the specific driver consent executed by the driver via the Clearinghouse.
C. CLEARINGHOUSE REPORTING REQUIREMENTS
Drug and alcohol testing information will be reported to the Clearinghouse using driverspecific identification data (directly from the driver’s state issued license/permit) to include the Driver’s Name, Commercial License/Permit Number & State of Issuance, and Date of Birth.
Driver consent is not required for reporting violations/records to the Clearinghouse.
1. Employer’s, and/or C/TPA if authorized & contracted to do so, must report to the Clearinghouse any below record within 3 business days of obtaining the information as required:
i. Alcohol confirmation test with a concentration of 0.04 or higher. ii. Refusal to test (alcohol) as specified in 49 CFR 40.261. iii. Refusal to test (drug) not requiring a determination by the MRO as specified in 49 CFR 40.191.
iv. Actual knowledge, as defined in 49 CFR 382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance.
v. Negative return-to-duty test results (drug and/or alcohol testing, as applicable)
vi. Completion of follow-up testing requirements.
2. The Medical Review Officer (MRO) will report the following violations to the Clearinghouse within 2 business days:
1. Verified positive, adulterated, or substituted drug test results.
2. Refusal to test (drug) requiring a determination by the MRO as specified in 49 CFR 40.191
3. Changes to any prior verified results within 1 business day of the change.
3. Substance Abuse Professionals (SAP’s) will report within one business day:
1. Driver information and date of initial evaluation
2. Date of successful completion of treatment and/or education and the determination of eligibility for return-to-duty testing D. DRIVER ACCESS TO CLEARINGHOUSE
A driver must register in the Clearinghouse in order to both monitor and access his/her Clearinghouse records, and in order to provide electronic consent via the Clearinghouse for any FULL Query required by a prospective or current employer. The driver may receive notices and communication from the clearinghouse via US mail, or designated electronic means (email/text, etc.).
The fastest and suggested method for driver’s to be quickly informed of records being reported to the Clearinghouse, or consent being requested by a motor carrier for a query, is to register using at least one cell phone number for immediate notification.
Any driver or authorized representative of the driver may submit a petition to FMCSA contesting the accuracy of information in the Clearinghouse, using the procedures specified in §382.717. For information how to submit a petition and what may be contested, contact the DER.
Sources of help
Most every community in the country has resources available to confidentially assist you through the evaluation and treatment of any possible drug or alcohol problem. If you would like to find a treatment facility close to you, check with your local yellow pages, local health department or visit the U.S. Department of Health and Human Services treatment facility locator at http://findtreatment.samhsa.gov. This site provides contact information for substance abuse treatment programs by state, city and U.S. Territory.
Listed below are several other sources of help for co-workers, or any employee who may have, or think they may have, a substance abuse or alcohol misuse problem.
Some helpful resources include but are not limited to:
Substance Abuse Treatment Locator
Phone: (800) 662-HELP
www.findtreatment.samhsa.gov
This Substance Abuse and Mental Health Services Administration (SAMHSA) Web site and toll-free phone line help individuals locate drug and alcohol abuse treatment programs in their communities.
AlcoholScreening.org
www.alcoholscreening.org
This free, confidential Web site lets individuals privately assess their own drinking habits and receive personalized feedback to help them determine if they need help to change those habits. Individuals can also find out about facilities in their communities that offer drug and alcohol abuse treatment and consultations with qualified health professionals regarding alcohol problems.
Al-Anon
Phone: (888) 4AL-ANON
www.al-anon.alateen.org
Al-Anon provides information on the effects of alcohol abuse and refers friends and families of alcohol abusers to nearby support groups. Al-Anon’s purpose is to help families and friends of alcoholics recover from the effects of living with the problem drinking of a relative or friend. Alateen is the organization’s program for young people whose lives have been affected by someone else's drinking.
Alcoholics Anonymous (AA)
www.aa.org
AA offers a way to stop drinking to individuals who feel they have a problem with alcohol. AA groups are located in most cities and rural communities throughout the country. Look up “Alcoholics Anonymous” in a local telephone directory for a contact in your area.
American Council on Alcoholism
Phone: (800) 527-5344
www.aca-usa.org
American Council on Alcoholism provides referrals to alcoholism treatment programs nationwide and distributes written materials on alcohol abuse problems.
Cocaine Anonymous
Phone: (800) 347-8998
www.ca.org
Cocaine Anonymous provides support for people dependent on cocaine and other mindaltering
substances. Callers are referred to local helplines.
Nar-Anon
Phone: (800) 477-6291
www.nar-anon.org
Nar-Anon is a worldwide program which provides support for friends and families of individuals with addiction or drug problems.
National Council on Alcoholism and Drug Dependence Hopeline Phone: (800) NCA-CALL
www.ncadd.org
This organization, a planning and oversight agency for public substance abuse treatment programs, provides written information on alcohol and drug abuse and referrals to treatment and counseling services nationwide.
Exhibit A
Drug and Alcohol Testing Vendors
Third Party Administrator (C/TPA)
National Safety Compliance, Inc. (CA)
P.O. Box 3160
Laguna Hills, CA 92654-3160
Phone (949) 472-0645
Fax (949) 472-9439
Medical Review Officer
Terri Hellings M.D.
University Services
2800 Black Lake Pl Ste A
Philadelphia, PA 19154
(215) 637-6800 Phone
(215) 637-7944 FAX
HHS Certified Laboratories
Quest Diagnostics Laboratory
10101 Renner Blvd.